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HomeMy WebLinkAbout06/11/90June 11, 1990 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 7:00 p.m. on June 11, 1990. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Buck, Wright, Budak, Brown. Absent: Angel. Invocation by: Mayor Bernie McKinley Pledge of Allegiance: Police Chief Bernal Koehrsen 95836 - Moved by Buck, seconded by Wright that the Agenda, as amended, for the Regular Session on June 11, 1990, at 7:00 p.m., and the Minutes of the Regular Session on June 4, 1990, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 95837 - Moved by Buck, seconded by Fox that proof of publication of notice of public hearing on F.Y. 1990 Sidewalk Repair Assessment Program --Zone 1, Contract No. 382, as published in the Waterloo Courier on May 25, 1990, be received and placed on file. Motion carried. 95838 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Moved by Budak, seconded by Brown that "Resolution confirming the approval of plans, specifications, form of contract, etc., in conjunction with said project", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-347. 95839 - Moved by Brown, seconded by Fox to receive, file and instruct Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (See CR 95891 for award of bid on July 11, 1990): Bidder Bid Bond Total Bid Borwig Building Service, Waterloo, IA 5% $53,602.80 Cedar Valley Corporation, Waterloo, IA 5% $49,721.14 Happel Excavating, Inc., Waverly, IA 5% $62,080.07 Motion carried. 95840 - Moved by Wright, seconded by Budak that proof of publication on the F.Y. 1991 Sidewalk Repair Program --Zone 2, Contract No. 396, as published in the Waterloo Courier on May 25, 1990, be received and placed on file. Motion carried. 95841 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for oral and written objections and there were none. Moved by Fox, seconded by Wright that "Resolution confirming the approval of plans, specifications, form of contract, etc., in conjunction with said project", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-348. June 11, 1990 Page 2 Hearings and Bids - continued 95842 - Moved by Brown, seconded by Fox that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-349. 95843 - Moved by Dell, seconded by Budak to receive, file and instruct Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (See CR 95892 for award of bid on July 11, 1990): Bidder Bid Bond Total Bid Cedar Valley Corporation, Waterloo, IA 5% $49,118.02 Tom Dolan Concrete, Waterloo, IA 5% $63,698.00 Happel Excavating, Inc., Waverly, IA 5% $60,911.00 Motion carried. HEARINGS 95844 - Moved by Fox, seconded by Dell that proof of publication of notice of public hearing on request of B. Shultz Company and Arlene Eilers to vacate, sell and. convey a portion of Litchfield Avenue, as published in the Waterloo Courier on June 4, 1990, be received and placed on file. Motion carried. 95845 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Moved by Wright, seconded by Fox that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Motion carried. 95846 - Moved by Dell, seconded by Budak that "an Ordinance vacating a portion of Litchfield Avenue", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Angel. Motion carried. 95847 - Moved by Budak, seconded by Brown that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Angel. Motion carried. 95848 - Moved by Brown, seconded by Dell that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Six. Absent: Angel. Motion carried. 95849 - Moved by Buck, seconded by Wright that "an Ordinance vacating a portion of Litchfield Avenue", be adopted. Ayes: Six. Absent: Angel. Ordinance adopted and upon approval by Mayor assigned No. 3713. 95850 - Moved by Fox, seconded by Dell that "Resolution authorizing sale and conveyance of a portion of Litchfield Avenue to B. Schultz Company and Arlene Eilers", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Six. Absent:. Angel. ,Resolution adoptend upon approval by Mayor assigned No. 1990-350. June 11, 1990 Hearings - continued 95851 - Moved by Budak, seconded by Fox Page 3 that proof of publication of notice of public hearing on request of Gerald Glidewell to vacate the southerly one foot of alley at the rear of 925 Leavitt Street, as published in the Waterloo Courier on June 5, 1990, be received and placed on file. Motion carried. 95852 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Moved by Fox, seconded by Brown that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Motion carried. 95853 - Moved by Dell, seconded by Fox that "an Ordinance vacating the southerly one foot of the alley located at the rear of 925 Leavitt Street", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Angel. Motion carried. 95854 - Moved by Buck, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Angel. Motion carried. 95855 - Moved by Brown, seconded by Budak that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Six. Absent: Angel. Motion carried. 95856 - Moved by Fox, seconded by Dell that "an Ordinance vacating the southerly one foot of the alley located at the rear of 925 Leavitt Street", be adopted. Ayes: Six. Absent: Angel. Ordinance adopted and upon approval by Mayor assigned No. 3714. 95857 - Moved by Buck, seconded by Dell that proof of publication of notice of public hearing on request of Ronald and Rejina Weiss to vacate the 30 foot platted building line generally located on the south side of property located at 2118 Grand Boulevard and to dedicate a new building line generally located north of and parallel to the south line of property located at 2118 Grand Boulevard, as published in the Waterloo Courier on June 1, 1990, be received and placed on file. Motion carried. 95858 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Walter Thorton, speaking on behalf of the applicants (Ronald and Regina Weiss), urged the Council's approval of the request to relocate the platted building line at 2118 Grand Boulevard. The property is now for sale and in preparing a title opinion, it has been brought to the buyer's attention that the front portion of the existing house extends into the platted building line, thus making it more difficult to sell. Bob Stevenson, City Planner, stated that the Planning, Programming and Zoning Commission, had reviewed the request at its regularly scheduled meeting on June 11, 1990 and had recommended denial. The Commission's reason for denial was that the Zoning Ordinance requires a thirty (30) foot building setback line in an "R-2" One and Two Family Residence District. In the event the house should be destroyed beyond 50 percent, the new structure would need to be constructed within the building line setback. Any remodeling could be done within its existing location. Tie listing agent for the property supported the request. June 11, 1990 Page 4 Hearings - continued Moved by Brown, seconded by Buck that the hearing be closed and the recommendation of denial of the Planning, Programming and Zoning Commission and oral comments, be received and placed on file. Motion carried. 95859 - Moved by Dell, seconded by Brown that "an Ordinance vacating the 30 foot platted building line generally located on the south side of property located at 2118 Grand Boulevard", be received, placed on file, considered and passed for the first time. Nays: Six. Absent: Angel. Motion not carried. 95860 - Moved by Buck, seconded by Wright that proof of publication of notice of public hearing on the removal of four-way stop sign at the intersection of West Second Street and Locust Street, as published in the Waterloo Courier on May 25, 1990, be received and placed on file. Motion carried. 95861 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Moved by Brown, seconded by Wright that "an Ordinance amending the 1988 Traffic Code by repealing Subsection (72) Locust Street of Section 543, Thru Streets; and by enacting in lieu thereof a new Subsection (72) Locust Street of Section 543, Thru Streets; and by repealing Subsection (29) West Second Street and Locust of Section 544, All -Way Stop Intersections (removal of four-way stop sign at the intersection of West Second and Locust Streets)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Angel. Motion carried. 95862 - Moved by Buck, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Angel. Motion carried. 95863 - Moved by Wright, seconded by Fox that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Six. Absent: Angel. Motion carried. 95864 - Moved by Budak, seconded by Brown that "an Ordinance amending the 1988 Traffic Code by repealing Subsection (72) Locust Street of Section 543, Thru Streets; and by enacting in lieu thereof a new Subsection (72) Locust Street of Section 543, Thru Streets; and by repealing Subsection (29) West Second Street and Locust of Section 544, All -Way Stop Intersections (removal of four-way stop sign at the intersection of West Second and Locust Streets)", be adopted. Ayes: Six. Absent: Angel. Ordinance adopted and upon approval by Mayor assigned No. 3715. PETITIONS FROM PUBLIC 95865 - Moved by Fox, seconded by Wright that communication from City Engineer transmitting request of Glenn E. Kuehl for temporary concrete driveway to be located at 1121 Chalmers Street, together with recommendation of approval, be received, placed on file and "Resolution approving same", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-351. June 11, 1990 Page 5 Petitions from Public - continued 95866 - Moved by Fox, seconded by Wright that communication from City Planner transmitting request of Cora Turner and Frank Miller to vacate, sell and convey the unimproved alley generally located in Rose Hill Replat, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as July 2, 1990, at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-352. 95867 - Moved by Fox, seconded by Wright that communication from City Planner transmitting recommendation to vacate street right-of-way generally located between Washington and Bluff Streets, portions of Bluff Street between West Mullan Avenue and West First Street and between West First and West Second Streets in conjunction with the Relocated U.S. 218 project, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as July 2, 1990, at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-353. DOCUMENTS 95868 - Moved by Buck, seconded by Budak that communication from Transportation Program Manager transmitting recommendation of award of Asbestos Contract B -90(I) to Ames Environmental in the amount of $700.00, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-354. 95869 - Moved by Buck, seconded by Budak that communication from City Engineer transmitting Contracts, Bonds and Certificates of Insurance from Aspro, Inc. and Subsidiaries of Waterloo, Iowa, in the amount of $838,447.60 in conjunction with F.Y. 1990 LaPorte Road Repair and Overlay Program, Contract No. 359, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute the same. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-355. 95870 - Moved by Buck, seconded by Budak that communication from Transportation Program Manager transmitting Supplemental Agreement No. 5 with Brice, Petrides -Donohue in conjunction with Sixth Street Extension - West Segment, IX -6604(3)--79-07, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-356. 95871 - Moved by Buck, seconded by Budak that communication from Personnel Director transmitting non -bargaining pay proposal for F.Y. 1991, together with recommendation of approval, be received, placed on file and "Resolution approving same", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-357. June 11, 1990 Page 6 Documents - continued 95872 - Moved by Buck, seconded by Budak that communication from City Engineer transmitting Change Order No. 4R with Winmor Construction Company in conjunction with F.Y. 1989 Cloverdale Acres Area Stormwater Outlet Structure, Contract No. 379, for no increase/decrease, together with recommendation of approval, be received, placed on file and approved, and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 95873 - Moved by Buck, seconded by Budak that communication from Transportation Program Manager transmitting award of contract to Terracon Consultants NE, Inc. of Cedar Falls, Iowa, for testing services on backfill used in conjunction with the demolition of several structures for the Sixth Street Extension, IX -6601(1)--79-07, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-358. 95874 - Moved by Buck, seconded by Budak that communication from City Planner transmitting storm sewer easement agreements with Dr. Brian Bouck and Mr. and Mrs. Bill Kline for property generally located on the San Marnan Drive frontage road lying west of West Ninth Street, together with recommendation of approval, be received, placed on file and "Resolution approving said agreements", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-359. RESOLUTIONS TO BE ADOPTED 95875 - Moved by Brown, seconded by Fox that "Resolution authorizing certification against property taxes certain unpaid rental property inspection fees", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-360. 95876 - Moved by Brown, seconded by Fox that communication from City Planner transmitting request of James L. and Fawn M. Buckner to purchase property generally located east of Greenhill Road and to the rear of Grace Chapel Church, be received, placed on file and "Resolution setting date of hearing as June 25, 1990, at 7:00 p.m. in the City Hall Council Chambers on said request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-361. ORDINANCES TO BE ADOPTED 95877 - The Mayor announced that the time had arrived for discussion on traffic ordinance changes to convert West First Street and West Mullan Avenue to two-way streets and to reduce the speed limit from 30 mph to 25 mph. Paul Jamieaon, 815 West First Street, presented a petition with 112 property owners opposed to said change. This reflected 67 additional signatures obtained since the meeting on June 4, 1990. Mr. Jamieson also expressed the neighborhood's concern with the condition of the streets in the area and urged the City Council to make necessary repairs. Janet Butz, 617 West First Street, spoke in opposition to the proposed changes. Again, she reiterated the safety concerns of young children in the area if the conversion were approved. June 11, 1990 Ordinances to Be Adopted - continued Page 7 Moved by Buck, seconded by Budak that said petition be received, placed on file and that action on said ordinance be tabled for one week. Motion carried. 95878 - Moved by Brown, seconded by Buck that "an Ordinance amending Ordinance No. 2479, as amended, to revise the "H -C" Highway Corridor Overlay District as it pertains to screening/fencing, setbacks and use restrictions", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Angel. Motion carried. 95879 - Moved by Fox, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Angel. Motion carried. 95880 - Moved by Fox, seconded by Brown that the following ordinance be recorded as having been considered and passed for the third time and now placed on its final adoption. Ayes: Six. Absent: Angel. Motion carried. 95881 - Moved by Brown, seconded by Dell that "an Ordinance amending Ordinance No. 2479, as amended, to revise the "H -C" Highway Corridor Overlay District as it pertains to screening/fencing, setbacks and use restrictions", be adopted. Ayes: Six. Absent: Angel. Ordinance adopted and upon approval by Mayor assigned No. 3716. BILLS PAYMENT 95882 - Moved by Buck, seconded by Wright that "Resolution approving Schedule A918, pp. 1-55, in the amount of $867,805.75, and Schedule W900, page 1, in the amount of $155,859.00, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-362. NEW BUSINESS 95883 - Moved by Dell, seconded by Budak that communication from Clerk/Auditor transmitting lease/purchase of a Lifeline ambulance for the Fire Department be received, placed on file and "Resolution setting date of hearing as June 25, 1990, at 7:00 p.m. in the City Hall Council Chambers on said lease/purchase", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-363. 95884 - Moved by Dell, seconded by Budak to instruct City Planner to prepare plans, specifications, form of contract, etc., in conjunction with F.Y. 1990 Broadway and Conger Traffic Safety Improvements Project, Contract No. 394, be received and placed on file. Motion carried. 95885 - Moved by Dell, seconded by Budak that plans, specifications, form of contract, etc., for the F.Y. 1990 Broadway and Conger Traffic Safety Improvements Project, Contract No. 394, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-364. June 11, 1990 Page 8 New Business - continued 95886 - Moved by Dell, seconded by Budak that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as hearing as July 2, 1990 at 7:00 p.m. in the City Hall Council Chambers on the F.Y. 1990 Broadway and Conger Traffic Safety Improvements Project, Contract No. 394", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-365. 95887 - Moved by Dell, seconded by Budak that communication from Mayor Bernie McKinley transmitting recommendation of appointment of Joseph A. Lingua, Jr. to the Plumbing Code Committee & Examining Board, effective immediately with term expiration date of March 1, 1992, be received, placed on file and approved. Motion carried. Travel Requests 95888 - Moved by Fox, seconded by Brown that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. James L. Boesen, Chief Heating Inspector, to attend IAPMO sponsored Uniform Mechanical Code Seminar in Denver, Colorado, on July 26-27, 1990, with costs not to exceed $856.00. Motion carried. MISCELLANEOUS 95889 - Moved by Fox, seconded by Brown that the following beer and liquor licenses be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer & Liquor Control Department: 1. Beer License Permit Application Class C Warehouse Market, 4026 Alexandra (Renewal) (Expires 7/2/91) (Includes Sunday Sales) 2. Beer & Liquor License Permit Application Class C Mandarin Cafe, 510 Mulberry Street (Renewal) (Expires 6/30/91) (Includes Sunday Sales) V.F.W., 612 Jefferson Street (Renewal) (Expires 7/4/91) (Includes Sunday Sales) Motion carried. BONDS 95890 - Moved by Buck, seconded by Dell that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through June 11, 1990, be received, placed on file and report and bonds approved. Motion carried. 95891 - City Engineer Eric Thorson recommended that the bid of Cedar Valley Corporation be approved for the F.Y. 1990 Sidewalk Repair Assessment Program --Zone 1, Contract No. 382. June 11, 1990 Page 9 Moved by Buck, seconded by Brown that "Resolution authorizing award of contract to Cedar Valley Corporation of Waterloo, Iowa, in the amount of $49,721.14 in conjunction with F.Y. 1990 Sidewalk Repair Assessment Program --Zone 1, Contract No. 382", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-366. 95892 - City Engineer Eric Thorson recommended that the bid of Cedar Valley Corporation be approved for the F.Y. 1991 Sidewalk Repair Program --Zone 2, Contract No. 396. Moved by Buck, seconded by Brown that "Resolution authorizing award of contract to Cedar Valley Corporation, of Waterloo, Iowa in the amount of $49,118.02 in conjunction with F.Y. 1991 Sidewalk Repair Program --Zone 2, Contract No. 396", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-367. ORAL PRESENTATIONS 95893 - Elaine Jaquith, 3148 Marigold Drive, read a letter authored by Howard Garrett, Director of Organics at Lambert's in Dallas, Texas. Lambert's is a 71 year old landscape design -build and nursery company that has been totally organic for one year. Mr. Garrett stated that organic techniques and products work better than the chemical and artificial alternatives. Ms. Jaquith urged the Council to consider this letter and recommended that the Pesticide Committee review its contents. Councilperson Dell, Chairperson of the Pesticide Committee, stated that this information will be used by the Committee during its second phase. Mike Lyons, representing Project SAFE, spoke to the large number of kids who consumed alcohol at the Fourth Street Cruise and dance and during various My Waterloo Days events. He stated that this was a poor example for our children when we are trying to stress the importance of a drug free environment. Mayor McKinley stated that he also had concerns over this very issue during My Waterloo Days. He will be meeting with the My Waterloo Days Committee to further discuss the consumption of alcohol during future events. Mr. Lyons suggested the possibility of requiring the consumption of beer within a fenced -in area. A resident presented a weed complaint for property located west of Logan Shopping Center. John Meyer, Public Works Director, stated that the property is scheduled for mowing by Operation Pride crews. Moved by Buck, seconded by Wright that the above oral comments be received, placed on file and the City Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor