HomeMy WebLinkAbout05/29/90May 29, 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 May 29, 1990. Mayor Bernard L. McKinley in the
Chair. Roll Call: Dell, Fox, Angel, Buck. Absent: Wright, Budak, Brown.
Invocation by: Mayor Bernie McKinley
Pledge of Allegiance: Fire Chief Stan Stapella
95761 - Moved by Buck, seconded by Dell
that the Agenda, as proposed, for the Regular Session on May 29, 1990, at 7:00
p.m. and the Minutes of the Regular Session on May 21, 1990, at 7:00 p.m., be
accepted and approved. Motion carried.
HEARINGS
95762 - Mayor McKinley recognized Tony Sulentic, an employee of the Street Department,
for his 30 years of service to the City.
Moved by Fox, seconded by Dell
that proof of publication of notice of public hearing on proposed amendments to
F.Y. 1990 Operating Budget, as published in the Waterloo Courier on May 21,
1990, be received and placed on file. Motion carried.
95763- HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections.
Vonnie Jackson, 1838 Howard Avenue, asked for an explanation of the budget
amendment. Bruce Meisinger, Budget Analyst, summarized the amendments. He
stated that the State Code requires that the Operating Budget each year reflect
areas of increased revenues and increased expenditures precipitated by
unanticipated revenues. In any event, the tax levy cannot be increased. A
majority of the amendments reflect increased pass throughs of federal
reimbursements for the Interstate Substitution Program and additional funds
received for other special capital projects that were not originally budgeted.
Moved by Buck, seconded by Fox
that the hearing be closed and oral and written comments be received and placed
on file. Motion carried.
95764 - Moved by Buck, seconded by Fox
that "Resolution amending the F.Y. 1990 Operating Budget as stated above", be
adopted. Ayes: Four. Absent: Wright, Budak, Brown.
Resolution adopted and upon approval by Mayor assigned No. 1990-315.
95765 - Moved by Angel, seconded by Fox
that proof of publication of notice of public hearing on F.Y. 1991 Oiling
Program, Contract No. 391, as published in the Waterloo Courier on May 11 and
May 18, 1990, be received and placed on file. Motion carried.
95766 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections.
The Clerk announced that written objections had been received and that the
compilation of these objections were contained in a communication from the City
Engineer. Those objecting to the oiling assessments are as follows: Shultz
Street from W PL of 1401 Shultz Street to E PL of 1620 Shultz --56%; Hollywood
Avenue from Movilla Street to Alice Avenue --18%; Forest Avenue from 8th Street
west to 9th Street west --7.6%; Hewitt Street from Adams Street to Newell
Street --20%; Sheffield Avenue from Mitchell Avenue to S PL of 1309
Sheffield --7.2%; Alley bounded by Lawnhill, Kingsley, Euclid and Campbell --13%;
Alley bounded by Western, Mullan, Locust and Elmwood --18%; Alley bounded by
Avon, Riehl, Ashland and Conger --17%.
May 29, 1990 Page 2
Hearings - continued
The Mayor called for oral comments.
Jack O'Day, 840 Conger Street, presented a petition representing 52 percent of
the adjacent property owners opposed to the oiling of the alley bounded by Avon
Avenue, Riehl Street, Ashland Avenue and Conger Street.
Jerry Martin, 525 Sheridan Road and owner of property adjacent to the alley
bounded by Western Avenue, Mullan Avenue west, Locust street and Elmwood
Avenue, stated that the oiling is not necessary and the alley is used for
little. He also reported that with the proposed sidewalk repair assessments
program, the burden is too much to bear.
A resident at 132 Elmwood Street originally circulated the petition in support
of the alley oiling and urged the Council to retain said alley in the program.
Robert Hudson, 1037 Newton Street, questioned the receipt of an assessment
notice in the amount of $180 since no improvement within three blocks of his
residence is being proposed.
Eric Thorson, City Engineer, stated that several notices had been sent in error
and that Mr. Hudson had been so informed. City staff was requested to notify
persons who had inadvertently received a notice informing them that they would
not be assessed for any portion of the oiling program.
Mike Kelley, 1521 Shultz Street, presented a petition of adjacent property
owners against the oiling program, which represented approximately 52 percent.
Beaulah Chambers, 1610 Calhoun Street, protested the proposed cost of the
assessment for Shultz Street.
Al Vondracek, 1522 Shultz Street, reported that several years ago, the City had
promised paving for Shultz Street to be funded through Community Development
Block Grant Funds.
Mike Kelley, 1521 Shultz Street, indicated his support for a more permanent
type of road surfacing. He reported that he had lived at this residence for
nine years and that the current value is much lower than when he purchased it.
Jack Bailey, 1401 Shultz Street, reported that since 1967 he has privately
contracted for the oiling of his street and now is requesting curb, gutter and
pavement, because the high cost should clearly pay for these improvements.
Moved by Buck, seconded by Angel
that oral comments and letters of objection be received, placed on file and
that said hearing be adjourned until Monday, June 4, 1990.
Motion carried. (The Resolution of Necessity requires six votes for approval.)
95767 - Moved by Angel, seconded by Dell
that proof of publication of notice of public hearing on F.Y. 1991 Sidewalk
Repair Assessment Program - Zone 2, as published in the Waterloo Courier on May
18, 1990, be received and placed on file. Motion carried.
95768 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections.
Janet Butz, 617 West First Street, asked several questions concerning the
notice mailed to property owners. In response to her various questions, Eric
Thorson, City Engineer, reported that after the work is completed, City
inspectors will inspect. A $1,000 bond is required for anyone performing
sidewalk work. The City will be constructing its portion within public
right-of-way in those areas marked with white dots on the sidewalk surface.
The 1990 construction season is from approximately April to mid-October or
early November depending upon the weather. If a tree has caused the sidewalk
section to lift, the Park Department will inspect the area after the section
has been removed and determine whether the tree should be removed.
' May -29, 1990 Page 3
Orville Mc Robe, 617 Vermont Street, stated that they did not have a problem
with the proposed assessment except for damages caused by the tree. It was
reported that repair caused by tree problems is the responsibility of the
property owner.
Leona Sunday, 2007 West Seventh Street and owner of property located at 224
South Street and 610 West Second Street, questioned the need for repair for
cracks only.
Don Fairbanks, 1205 West Mullan Avenue, reported that the sidewalk sections
marked do not meet the specifications and asked that it be re -inspected.
Jerry Martin, 525 Sheridan Avenue and owner of property at 1009-1119 West
Mullan, reported that he did not agree with all of the markings and repairs
indicated by the inspector. These areas will be reviewed by City inspectors.
Ed Johnson, 315 Sheridan Road and owner of property located at 907 Kingsley,
questioned the markings and felt that the sidewalk sections were not very
broken up or in need of repair.
Gene Yagla, owner of property at 438 Kingsley Avenue and speaking on behalf of
his wife, reported that the sidewalk sections do not appear bad enough for
repairs. He also indicated that there have been no problems with shoveling or
biking along the sidewalk. These markings will be reviewed.
Robert Mathern, 1115 Johnson Street, indicated that the time limit for property
owners to complete the sidewalk repairs (July 16, 1990) is to strict. He
reported that he has attempted to contact various contractors and that many are
too busy to even provide an estimate. City staff will meet with Mr. Mathern to
review the sidewalk areas in need of repair.
Councilperson Buck stated that the City may want to consider extending the time
for property owners to make the improvements due to the unavailability of
sidewalk contractors.
Don Blake, 1002 West Third Street, stated that he had completed the work
without obtaining a permit. City staff will meet with him to discuss the work.
He also stated that several years ago, a tree was removed causing the sidewalk
to break when heavy equipment was used. The Park Department will check into
this matter.
Judy Neiderman, 623 Fletcher Avenue, stated that she did not agree with the
survey plat she received. She indicated that she and her neighbor share a
driveway. City staff will meet with Ms. Neiderman and review the situation.
Moved by Buck, seconded by Dell
that the hearing on the F.Y. 1991 Sidewalk Repair Assessment Program - Zone 2
and oral be adjourned until June 4, 1990 and written comments be received and
placed on file. Ayes: Four. Absent: Wright, Budak, Brown. Motion carried.
PETITIONS FROM PUBLIC
95769 - Moved by Dell, seconded by Angel
that communication from City Engineer transmitting request of Shela S. Fretwell
for temporary concrete driveway to be located at 2605 Highview Avenue, together
with recommendation of approval, be received, placed on file and "Resolution
approving same", be adopted. Ayes: Four. Absent: Wright, Budak, Brown.
Resolution adopted and upon approval by Mayor assigned No. 1990-316.
95770 - Moved by Dell, seconded by Angel
that communication from City Engineer transmitting request of Richard Witham
for temporary concrete driveway to be located at 2033 LaPorte Road, together
with recommendation of approval, be received, placed on file and "Resolution
approving same", be adopted. Ayes: Four. Absent: Wright, Budak, Brown.
Resolution adopted and upon approval by Mayor assigned No. 1990-317.
May 29, 1990
Page 4
Petitions from Public - continued
95771 - Moved by Dell, seconded by Angel
that communication from City Engineer transmitting request of Lawrence A.
Bowman for temporary concrete driveway to be located at 804 Bayard Street,
together with recommendation of approval, be received, placed on file and
"Resolution approving same", be adopted. Ayes: Four. Absent: Wright, Budak,
Brown.
Resolution adopted and upon approval by Mayor assigned No. 1990-318.
95772 - Moved by Dell, seconded by Angel
that communication from City Planner transmitting site plan amendment request
of Crossroads Bonanza Restaurant to construct a storage shed and to relocate
existing dumpster enclosure to rear of building, together with recommendation
of approval, be received, placed on file and "Resolution approving said amended
site plan", be adopted. Ayes: Four. Absent: Wright, Budak, Brown.
Resolution adopted and upon approval by Mayor assigned No. 1990-319.
95773 - Moved by Dell, seconded by Angel
that communication from City Planner transmitting request of Ronald and Regina
Weiss to vacate the 30 foot building line on the south side and to dedicate a
line 15 feet north of and parallel to the south line of property located at
2118 Grand Boulevard, be received, placed on file and "Resolution setting date
of hearing as June 11, 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: Four. Absent: Wright, Budak, Brown.
Resolution adopted and upon approval by Mayor assigned No. 1990-320.
95774 - Moved by Dell, seconded by Angel
that communication from City Planner transmitting request of Catherine E.
Engelkes to convey to the City real property located at 326 West Ninth Street,
together with recommendation of approval of the Gateway Committee, be received,
placed on file and "Resolution approving same", be adopted. Ayes: Four.
Absent: Wright, Budak, Brown.
Resolution adopted and upon approval by Mayor assigned No. 1990-321.
DOCUMENTS
95775 - Moved by Fox, seconded by Dell
that communication from City Engineer transmitting Change Order No. 3 for no
increase/decrease for work to be performed by E. B. Spencer Engineering Company
for F.Y. 1989 Water Pollution Control Plant Improvements - Phase I, Contract
No. 372, together with recommendation of approval, be received, placed on file
and approved and Mayor and Clerk/Auditor authorized to execute same. Motion
carried.
95776 - Moved by Fox, seconded by Dell
that communication from Public Works Director transmitting proposal for yard
waste bag distribution submitted by Goodwill Industries of Northeast Iowa,
together with recommendation of approval of Public Works Committee, be
received, placed on file and "Resolution approving said proposal", be adopted
and Mayor authorized to execute same. Ayes: Four. Absent: Wright, Budak,
Brown.
Resolution adopted and upon approval by Mayor assigned No. 1990-322.
May 29, 1990 Page 5
Documents - continued
95777 - Moved by Fox, seconded by Dell
that communication from Fire Chief transmitting 28E Agreement with Iowa
Department of Public Safety to establish a regional firefighters' training
center in Black Hawk County, together with recommendation of approval, be
received, placed on file and "Resolution approving said agreement", be adopted
and Mayor authorized to execute same. Ayes: Four. Absent: Wright, Budak,
Brown.
Resolution adopted and upon approval by Mayor assigned No. 1990-323.
95778 - Moved by Fox, seconded by Dell
that communication from City Engineer transmitting Change Order No. 3 with
Winmor Construction Company in conjunction with F.Y. 1989 Cloverdale Acres Area
Stormwater Outlet Structure, Contract No. 379, for a net increase of
$1,300.000, together with recommendation of approval, be received, placed on
file and and approved and Mayor and Clerk/Auditor authorized to execute same.
Motion carried.
95779 - Moved by Fox, seconded by Dell
that communication from City Planner transmitting Transfer of Jurisdiction
Agreement with the Iowa Department of Transportation in conjunction with U.S.
Highway 218 (University Avenue) from Greenhill Road to Midway Drive, 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: Four. Absent: Wright, Budak, Brown.
Resolution adopted and upon approval by Mayor assigned No. 1990-324.
95780 - Moved by Fox, seconded by Dell
that communication from Community Development Administrator transmitting
Right -of -Entry for Construction Agreement for parcels of land needed for
ingress and egress purposes in conjunction with Blowers Creek Flood Control
Bridge Replacement Lafayette Street and Dubuque Road, together with
recommendation of approval, be received, placed on file and "Resolution
approving said agreement", be adopted and Mayor authorized to execute same.
Ayes: Four. Absent: Wright, Budak, Brown.
Resolution adopted and upon approval by Mayor assigned No. 1990-325.
95781 - Moved by Fox, seconded by Dell
that communication from Assistant City Engineer transmitting storm sewer
construction plans for improvements to the ditch area along LaPorte Road
adjacent to Dick Witham Crossroads Fords, be received, placed on file and
approved. Motion carried.
95782 - Moved by Fox, seconded by Dell
that communication from Clerk/Auditor transmitting lease agreement with the
Waterloo Community School District for use of Cedar View Heights School to
operate and conduct a fire training center, together with recommendation of
approval, be received, placed on file and "Resolution approving said
agreement", be adopted and Mayor and Clerk/Auditor instructed to execute same.
Ayes: Four. Absent: Wright, Budak, Brown.
Resolution adopted and upon approval by Mayor assigned No. 1990-326.
RESOLUTIONS TO BE ADOPTED
95783 - Moved by Angel, seconded by Fox
that "Resolution transferring from the Road Use Tax Fund the sum of $15,000.00
to the Engineering Department within the General Fund", be adopted. Ayes:
Four. Absent: Wright, Budak, Brown.
Resolution adopted and upon approval by Mayor assigned No. 1990-327.
May 29, 1990 Page 6
Resolutions to be Adopted - continued
95784 - Moved by Angel, seconded by Fox
that "Resolution from the Citizens for Youth Achievement (CYA) to develop and
promote a community atmosphere which supports a desire in our youth to seek a
drug and crime -free life style", be adopted. Ayes: Four. Absent: Wright,
Budak, Brown.
Resolution adopted and upon approval by Mayor assigned No. 1990-328.
95785 - Moved by Angel, seconded by Fox
that "Resolution approving and accepting transfer of title from the Waterloo
Community School District for property generally located at the intersection of
South Barclay and Vine Streets", be adopted. Ayes: Four. Absent: Wright,
Budak, Brown.
Resolution adopted and upon approval by Mayor assigned No. 1990-329.
ORDINANCES TO BE ADOPTED
95786 - Moved by Dell, seconded by Buck
that "an Ordinance vacating the platted
generally located in the Final Plat now
Addition--Lockard Development", be received,
passed for the third time. Ayes: Four.
Motion carried.
95787 - Moved by Fox, seconded by Dell
that "an Ordinance vacating the platted
generally located in the Final Plat now
Addition--Lockard Development", be adopted.
Budak, Brown.
drainage and utility easements
known as Pinnacle Place First
placed on file, considered and
Absent: Wright, Budak, Brown.
drainage and utility easements
known as Pinnacle Place First
Ayes: Four. Absent: Wright,
Ordinance adopted and upon approval by Mayor assigned No. 3709.
95788 - Moved by Buck, seconded by Dell
that "an Ordinance amending the 1988 Traffic Code of the City of Waterloo,
Iowa, by repealing Subsections (10) and (l0a) Broadway Street, of Section 541,
Increasing Speed Limits In Certain Areas; and by enacting in lieu thereof a new
Subsection (10) Broadway Street, of Section 541, Increasing Speed Limits in
Certain Areas (reduction of speed limit to 35 mph on Broadway Street from West
of Grandview Avenue to Utica Street)", be received, placed on file, considered
and passed for the third time. Ayes: Four. Absent: Wright, Budak, Brown.
Motion carried.
95789 - Moved by Fox, seconded by Dell
that "an Ordinance amending the 1988 Traffic Code of the City of Waterloo,
Iowa, by repealing Subsections (10) and (10a) Broadway Street, of Section 541,
Increasing Speed Limits In Certain Areas; and by enacting in lieu thereof a new
Subsection (10) Broadway Street, of Section 541, Increasing Speed Limits in
Certain Areas (reduction of speed limit to 35 mph on Broadway Street from West
of Grandview Avenue to Utica Street)", be adopted. Ayes: Four. Absent:
Wright, Budak, Brown.
Ordinance adopted and upon approval by Mayor assigned No. 3710.
95790 - Moved by Buck, seconded by Angel
that "an Ordinance amending the 1988 Traffic Code by adding Subsection (la)
Bellaire Road to Section 561, Two Hour Parking (two hour parking on Bellaire
Road on the east side from Ridgeway Avenue to Midlothian Boulevard)", be
received, placed on file, considered and passed for the second time. Ayes:
Four. Absent: Wright, Budak, Brown. Motion carried.
=3
May`25, 1990 Page 7
Ordinances to be Adopted - continued
95791 - Moved by Fox, seconded by Dell
that "an Ordinance vacating three (3) feet of the eight foot platted utility
easements located at the rear of 2515 West Ninth Street --Dan and Shirley Dunlap
(for purpose of constructing a detached garage)", be received, placed on file,
considered and passed for the second time. Ayes: Four. Absent: Wright,
Budak, Brown. Motion carried.
95792 - Janet Butz, 617 West First Street, questioned the need for the proposed two way
street system. She indicated that she had not known about the proposed change
and stated that children would need to be retrained to look both ways when
crossing the street.
Moved by Buck, seconded by Fox
that "an Ordinance amending the 1988 Traffic Code of the City of Waterloo,
Iowa: By repealing Subsections (32) First Street and (71) Mullan Avenue
(West), of Section 541, Increasing Speed Limits in Certain Areas; and by
enacting in lieu thereof new Subsections (32) First Street and (71) Mullan
Avenue (West), of Section 541, Increasing Speed Limits in Certain Areas; and by
repealing Subsection (3) First Street (E and W) and (8) Mullan Avenue (East and
West), of Section 542, One -Way Streets and Alleys; and by enacting in lieu
thereof new Subsections (3) First Street (East and West) and (8) Mullan Avenue
(East and West), of Section 542, One -Way Streets and Alleys (lowering speed
limit from 30 mph to 25 mph and changing from one-way street to two-way street
First Street and Mullan Avenue)", be received, placed on file, considered and
passed for the first time. Ayes: Four. Absent: Wright, Budak, Brown.
Motion carried.
BILLS PAYMENT
95793 - Moved by Angel, seconded by Buck
that "Resolution approving Schedule A918, pp. 1-48, in the amount of
$498,484.15, and Schedule W900, page 1, in the amount of $299.19, copies of
which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Four.
Absent: Wright, Budak, Brown.
Resolution adopted and upon approval by Mayor assigned No. 1990-330.
NEW BUSINESS
95794 - Moved by Fox, seconded by Dell
that communication from Clerk/Auditor transmitting recommendation of
appointment of Susan Fangman to the position of Insurance Coordinator,
effective May 30, 1990, be received, placed on file and approved. Motion
carried.
Travel Requests
95795 - Moved by Fox, seconded by Dell
that the following travel requests, with expenses not to exceed amount shown,
be received, placed on file and approved:
1. Scott Lake, Police Department Investigator, to attend Arson Investigation
School, in Evanston, Illinois, on June 11-15, 1990, with costs not to
exceed $835.00, including the use of City vehicle.
Motion carried.
MISCELLANEOUS
95796 - Moved by Fox, seconded by Dell
that the following beer and liquor licenses be received, placed on file and
approved and endorsed applications forwarded to the Iowa Beer and Liquor
Control Department and applications for automobile salvage yard, be received,
placed on file and approved:
May 29, 1990 Page 8
Miscellaneous - continued
1. Beer License Permit Application
Class B
Metro Fuel #66, 3201 West 4th Street (Renewal) (Expires 6/30/91) (Includes
Sunday Sales)
Reliable Drug, 2068 Logan Avenue (Renewal) (Expires 7/2/91) (Includes
Sunday Sales)
2. Beer & Liquor License Permit Application
Class C
Steamboat Gardens, 1740 Falls Avenue (Renewal) (Expires 6/14/91)
Application for Automobile Salvage Yard
Wilber Auto Body & Sales, Inc., 212 W. 9th Street (Yard --2200 Easton)
Chase Auto Parts Co. Inc., 1015 South Hills Dr. (Yard --1041 Sheffield)
Chase Auto Parts Co. Inc., 1015 South Hills Dr. (Yard --1117 Sheffield)
Motion carried.
BONDS
95797 - Moved by Angel, seconded by Buck
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through May 29, 1990, be received, placed on file and approved.
Motion carried.
ORAL PRESENTATIONS
95798 - Vonnie Jackson, 1838 Howard Avenue, questioned the sick leave and vacation pay
out for Patrol Officer Robert Bengfort. Jim Rodemeyer, Personnel Director,
stated that the payment is for unused vacation time earned during 1989 and 1990
and not yet taken as well as sick leave. He stated that the payout of unused
vacation and sick leave is a contractual obligation.
Moved by Dell, seconded by Angel
that the above oral comments be received, placed on file and the Council
adjourn. Motion carried.
Larry P. Burger
City Clerk/Auditor