HomeMy WebLinkAbout04/02/90April 2, 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 April 2, 1990. Mayor Bernard L. McKinley in
the Chair. Roll Call: Fox, Angel, Buck, Wright, Budak, Brown. Absent: Dell.
Invocation by: Councilperson Rose Angel
Pledge of Allegiance: Troop 26
95489 - Moved by Buck, seconded by Fox
that the Agenda, as proposed, for the Regular Session on April 2, 1990, at 7:00
p.m., and the Minutes of the Regular Session held on March 26, 1990, at 7:00
p.m., be accepted and approved. Motion carried.
HEARINGS AND BIDS
95490 - Moved by Budak, seconded by Wright
that proof of publication of notice of public hearing on plans, specifications,
form of contract, etc., for F.Y. 1990 Sidewalk Repair Block Grant Program -
Zone 1, Contract No. 386, as published in the Waterloo Courier on March 16,
1990, be received and placed on file. Motion carried.
95491 - 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 Fox
that "Resolution confirming the approval of plans, specifications, form of
contract, etc., in conjunction with said project", be adopted. Ayes:
Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1990-175.
95492 - Moved by Angel, seconded by Brown
that "Resolution ordering construction", be adopted. Ayes: Six. Absent:
Dell.
Resolution adopted and upon approval by Mayor assigned No. 1990-176.
95493 - Moved by Fox, seconded by Angel
to receive, file and instruct Clerk/Auditor to open and read bids and refer to
City Engineer for review and recommendation (bids not awarded on April 2,
1990):
Bid Bond or
Bidder Certified Check Bid Amount
B & B Builders Supply, Waterloo, IA $1,610.00 $32,130.23
Borwig Building Service, Waterloo, IA 5% $27,015.30
Tom Dolan Concrete, Waterloo, IA 5% $53,664.76
Grover Cement Contractor, Waterloo, IA No Bond $37,870.08
Happel Excavating, Inc., Waverly, IA 5% $34,138.20
Rampart Corporation, Waterloo, IA 5% $42,857.03
Motion carried.
95494 - Moved by Buck, seconded by Wright
that proof of publication of notice of public hearing on plans, specifications,
form of contract, etc., for F.Y. 1990 Salt Storage Building, Contract No. 381,
as published in the Waterloo Courier on March 16, 1990, be received and placed
on file. Motion carried.
95495 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections.
Forest Dillavou, 1725 Huntington Road, objected to the construction of the
building since he assured the City the Environmental Protection Agency (EPA)
will soon not allow the use of salt on City streets.
April 2, 1990 Page 2
Hearings and Bids - continued
John Meyer, Public Works Director, stated that the building will be used for
more than salt storage, including storage of various Street Department
equipment. The larger purchase of salt will also result in savings of
approximately $8,000 to $10,000 per year.
Moved by Brown, seconded by Buck
that "Resolution confirming the approval of plans, specifications, form of
contract, etc., in conjunction with said project", be adopted. Ayes:
Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1990-177.
95496 - Moved by Buck, seconded by Budak
that "Resolution ordering construction", be adopted. Ayes: Six. Absent:
Dell.
Resolution adopted and upon approval by Mayor assigned No. 1990-178.
95497 - Moved by Budak, seconded by Brown
to receive, file and instruct Clerk/Auditor to open and read bids and refer to
Public Works Director for review and recommendation and that award of contract
be delayed until April 9, 1990:
Bidder Bid Bond Bid Amount
Don Gardner, Construction Co., Waterloo, IA 5% $180,132.00
Park Lane Construction Develop. Corp., Clyde, NY 5% $139,860.00
Lockard Construction, Inc., Waterloo, IA 5% $196,700.00
Youngblut Contracting, Inc., Washburn, IA 5% $177,000.00
Motion carried.
HEARINGS
95498 - Moved by Wright, seconded by Fox
that proof of publication of notice of public hearing on the proposed issuance
of $140,000 General Corporate Purpose General Obligation Bonds (renovation of
the former East Side (Carneige) Library), as published in the Waterloo Courier
on March 20, 1990, be received and placed on file. Motion carried.
95499 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections.
Moved by Buck, seconded by Fox
that petitions of objections submitted by Kathy Oberle, et.al., and letter of
response submitted by Bill Noth, Ahlers Law Firm, be received and placed on
file. Motion carried.
95500 - City Attorney Hugh Field summarized the legal opinion prepared by the Ahlers,
Cooney, Dorweiler, Haynie, Smith & Allbee Law Firm concerning the petitions
filed in the office of the County Auditor directing the Auditor to call a
special meeting on the issuance of the F.Y. 1991 $6,000,000 Bond Issue. In
essence, the opinion stated that the petitions have no legal effect on the
Council's power to issue the bonds. If the Council determines to take
additional action to issue the bonds, an appeal may be filed within 60 days as
outlined in Section 384.33 of State Code.
Kathy Oberle, 710 Forest Avenue, objected to the expenditure for renovation of
the East Side Library. She also questioned the expenditure on such items as
renovations when the Police Chief does not have adequate officers to provide
adequate protection on the street. She urged the City to look at its
priorities.
.April 2, 1990
Page 3
Hearings - continued
Police Chief Roger Shook stated that additional space has been sought for the
Police Department since 1983. The Department does not have enough space to
function adequately. The proposed renovation of City Hall for the Police
Department was reviewed by Chief Shook. An additional 6,000 square feet will
be made available to the Department producing a better working environment and
spatial relationships.
Rose Middleton, representing the Historical Preservation Commission, indicated
her support of the renovation of the East Side Library. The Commission has
placed the building on the Historical Register and has been seeking a tenant
for many years. She was pleased that the City was considering its renovation
and use.
Arthur Polk, 719 West Donald Street, asked whether the City Jail was used on a
daily basis. Chief Shook assured him that it was used as a holding facility on
a daily basis.
Moved by Buck, seconded by Fox
that "Resolution instituting proceedings to take additional action for the
authorization and issuance of not to exceed $140,000 General Obligation Bonds",
be adopted. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1990-179.
95501 - Moved by Angel, seconded by Buck
that proof of publication of notice of public hearing on the proposed issuance
of $120,000 General Corporate Purpose General Obligation Bonds (improvements at
Waterloo Municipal Stadium), as published in the Waterloo Courier on March 20,
1990, be received and placed on file. Motion carried.
95502 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections.
Moved by Brown, seconded by Budak
that petitions of objections submitted by Kathy Oberle, et.al., and letter of
response submitted by Bill Noth, Ahlers Law Firm, be received and placed on
file. Motion carried.
95503 - Moved by Brown, seconded by Budak
that "Resolution instituting proceedings to take additional action for the
authorization and issuance of not to exceed $120,000 General Obligation Bonds",
be adopted. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1990-180.
95504 - Moved by Budak, seconded by Brown
that proof of publication of notice of public hearing on the proposed issuance
of $75,000 General Corporate Purpose General Obligation Bonds (improvements at
Five Sullivan Brothers Convention Center), as published in the Waterloo Courier
on March 20, 1990, be received and placed on file. Motion carried.
95505 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections.
Moved by Buck, seconded by Wright
that petitions of objections submitted by Kathy Oberle, et.al., and letter of
response submitted by Bill Noth, Ahlers Law Firm, be received and placed on
file. Motion carried.
Page 4
April 2, 1990
Hearings - continued
95506 - Moved by Buck, seconded by Wright
that "Resolution instituting proceedings to take additional action for the
authorization and issuance of not to exceed $75,000 General Obligation Bonds",
be adopted. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1990-181.
In response to a question from Councilperson Wright, the proposed improvements
at the Municipal Stadium were explained by Jim Peterson and Rick Tagtow,
Director of Park and Forestry. A comparison was made with the improvements
proposed by the City of Waterloo versus other cities in the League. It was
reported that the proposed improvements are part of the City's commitment to
the Waterloo Indians to keep them in the community. It is estimated that their
economic impact on the community is $3 million per year. Mr. Peterson reminded
Council Members that the opening game of the season will be on Friday, April 6,
1990.
ASSESSMENT HEARING
95507 - Moved by Buck, seconded by Angel
that proof of publication of notice of public hearing and notice to property
owners on the F.Y. 1990 Sidewalk Repair Assessment Program - Zone 1, Contract
No. 382, as published in the Waterloo Courier on March 23, 1990, be received
and placed on file. Motion carried.
95508 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections.
Councilperson Fox, Chairperson of the Public Works Committee, stated that 18
property owners had appeared before the Public Works Committee and due to
various circumstances will be removed from the assessment program if each
property owner obtains the necessary permits by week's end.
Herrera Audeluvia, 918 Dawson, inquired about the assessment process, which was
explained to her.
Sam Annis, owner of property at 821 Broadway Street, objected to the proposed
assessment of $2,200.61 because there is such a small area in need of repair.
He also indicated that the neighbor across the street parks his car and wrecker
on his sidewalk with the wheels on one side of the vehicle on the edge of the
sidewalk causing it to crack. He also indicated that the motor fuel business
is not profitable and objects to the assessment due to the lack of funds.
Mayor McKinley reported that the proposed assessment could be paid over a
ten-year period.
City Engineer Eric Thorson explained the assessment process and reported that
the cost estimates may be high, but State Code does not allow the final
assessments to exceed proposed assessments and therefore precautions are taken
to provide a reasonable estimate of cost.
Don Sullivan indicated he completed the necessary repair work which was very
minor in nature. City staff recommended that it be removed from the assessment
program if appropriate permits were obtained prior to end of the week.
A resident, speaking far the property owner at 1013 Ackermant Street, objected
to the proposed assessment of $2800 since the repairs did not seem extensive.
Eric Thorson reported that City inspectors were unable to adequately inspect
the sidewalk since notice had been given to the property owner to remove the
dirt from the sidewalk. Mr. Thorson indicated that if the area was cleaned
off, the City inspector could inspect and provide a list of the necessary
repairs.
April 2, 1990 Page 5
Assessment Hearing - continued
Al Manning, 919 Fairview Avenue, indicated that the City's assessment program
may be unconstitutional since the program does not address all sidewalks in
need of repair in the City but only one geographical zone at time. He
suggested that the sidewalk repair program should be financed through a bond
issue instead of assessment. He indicated that the assessment program has put
an unnecessary hardship on many property owners.
Robert Boyd, 639 Riehl Street, indicated that he had replaced the entire 50
foot stretch of sidewalk adjacent to his lot and questioned why he had received
an assessment. Eric Thorson indicated that the sidewalk does not meet City
standards since improper curing methods were used, it was not sawed at the
proper time, and someone had walked on the cement prior to its drying.
Moved by Brown, seconded by Buck
that the above oral comments be received and placed on file and that
"Resolution with respect to the adoption of the Proposed Resolution of
Necessity for the Waterloo, Iowa, F.Y. 1990 Sidewalk Repair Assessment Program
- Zone 1, Contract No. 382, as proposed", be adopted and all other action
deferred until April 9, 1990 at 7:00 p.m. to allow property owners completing
the work and not obtaining the necessary permits time to complete the permit
process by April 9, at which time the Council may consider deleting said
properties from the assessment procedure. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1990-182.
95509 - Moved by Buck, seconded by Wright
that "Resolution directing preparation of detailed plans and specifications,
form of contract, and notice to bidders on the Waterloo, Iowa, F.Y. 1990
Sidewalk Repair Assessment Program - Zone 1, Contract No. 382", be adopted.
Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1990-183.
UNFINISHED BUSINESS
95510 - Moved by Buck, seconded by Angel
that communication from Parks Department Superintendent of Resources
transmitting recommendation to reject all bids received on the Cedar
River/Exchange Park Boat Ramp Reconstruction be received and placed on file.
Motion carried.
REPORTS
95511 - Moved by Fox, seconded by Budak
that communication from City Planner transmitting proposed extension of
Pheasant Lane to San Marnan Drive in conjunction with site plan of Dick Witham
and Kevin Cortright for property located on the northwest corner of San Marnan
Drive and Kimball Drive, together with recommendation of approval of the
Planning, Programming and Zoning Commission, be received, placed on file and
"Resolution approving said extension", be adopted. Ayes: Six. Absent:
Dell.
Resolution adopted and upon approval by Mayor assigned No. 1990-184.
DOCUMENTS
95512 - Moved by Buck, seconded by Wright
that communication from Transportation Program Manager transmitting Contract
for Appraisal Services with Appraisal Associates, Albert B. Little, ASA, in
conjunction with the Mullan Avenue/Alley Interconnect Project at 512 & 514 West
Mullan Avenue in the amount of $520.00, together with recommendation of
approval, be received, placed on file and "Resolution approving said contract",
be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1990-185.
April 2, 1990 Page 6
Documents - continued
95513 - Moved by Buck, seconded by Wright
that communication from Transportation Program Manager transmitting
recommendation of award of land survey services contract to Wayne Claassen
Engineering & Surveying, Inc. in conjunction with the disposal of excess
right-of-way known as Disposal Parcel G as a part of the Ansborough Avenue
(South) Reconstruction, IX -6615(3)--79-07, in the amount of $680.00, be
received, placed on file and "Resolution approving said agreement", be adopted
and Mayor authorized to execute same. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1990-186.
95514 - Moved by Buck, seconded by Wright
that communication from Transportation Program Manager transmitting
Supplemental Agreement No. 3 with Brice, Petrides -Donohue Co. for design
engineering services in conjunction with Sixth Street Extension (East)
IX -6604(1)--79-07 to extend said roadway to Elk Run Road, 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: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1990-187.
95515 - Moved by Buck, seconded by Wright
that communication from Transportation Program Manager transmitting
Supplemental Agreement No. 3 with Brice, Petrides -Donohue Co. for Phase III,
Construction Engineering Services in conjunction with West Ridgeway Avenue
Reconstruction Project, Contract No. 383, 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: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1990-188.
95516 - Moved by Buck, seconded by Wright
that communication from City Planner transmitting Final Plat of Pinnacle Place
First Addition, together with Deed of Dedication, Report of City Engineer, and
recommendation of approval of the Planning, Programming and Zoning Commission,
be received, placed on file and "Resolution approving said Final Plat", be
adopted. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1990-189.
95517 - Moved by Buck, seconded by Wright
that communication from Transportation Program Manager transmitting Urban -State
Traffic Engineering Program Project Agreement with the Iowa Department of
Transportation for Division I of West Ridgeway Avenue Reconstruction Project,
City Contract No. 383, 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: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1990-190.
95518 - Moved by Buck, seconded by Wright
that communication from Personnel Director transmitting three-year collective
bargaining agreement commencing July 1, 1990 and ending June 30, 1993 with the
Police Protective Association, together with recommendation of approval, be
received, placed on file and "Resolution approving said agreement", be adopted
and Mayor authorized to execute same. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1990-191.
•April' 2, 1990 Page 7
ORDINANCES TO BE ADOPTED
95519 - The Mayor announced that the time had arrived for discussion on amendments to
Chapter 16 - Garbage, Refuse, and Yard Waste.
A letter from the resident at 628 Kern Street asked that the City consider open
burning.
Bill Lemke, 148 Madison Street and speaking on behalf of a friend in the
Highland area, objected to the elimination of alley pickup. He indicated that
the Highland Association is one of two residential historical districts in
Iowa, and that placing garbage in the front yard is a detriment to the beauty
of the area. He also reminded the Council that the Highland Association
maintains its own alleys, and therefore alley pickup by the City does not
result in additional cost to the City for alley maintenance.
Vonnie Jackson, 1838 Howard Avenue, questioned whether campers would be allowed
to have fires and whether the burning of fireplaces and woodburners would be
banned. The Mayor responded by indicating that all of these activities would
be allowed in the future.
John Hapgood, 811 West 3rd Street, supported the total ban on burning.
Elaine Jaquith, 3148 Marigold Drive, supported a total ban on burning.
David Sanderson supported a burning ban.
Moved by Fox, seconded by Brown
that "an Ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa, by repealing parts of the existing Chapter 16 - Garbage and
Refuse and enacting thereof new parts of Chapter 16 - Garbage, Refuse, and Yard
Waste", be received, placed on file, considered and passed for the third time.
Ayes: Five. Nays: Wright. Absent: Dell. Motion carried.
95520 - Moved by Fox, seconded by Brown
that "an Ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa, by repealing parts of the existing Chapter 16 - Garbage and
Refuse and enacting thereof new parts of Chapter 16 - Garbage, Refuse, and Yard
Waste", be adopted. Ayes: Five. Nays: Wright. Absent: Dell.
Ordinance adopted and upon approval by Mayor assigned No. 3705.
BILLS PAYMENT
95521 - Moved by Angel, seconded by Buck
that "Resolution approving Schedule A918, pp. 1-34, in the amount of
$513,626.44, and Schedule W900, pp. 1-2, in the amount of $445.02, copies of
which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six.
Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1990-192.
NEW BUSINESS
95522 - Moved by Buck, seconded by Angel
to instruct City Engineer to prepare plans, specifications, form of contract,
etc., for Sludge Dewatering Belt Presses at the Water Pollution Control Plant,
be received and placed on file. Motion carried.
95523 - Moved by Buck, seconded by Angel
that plans, specifications, form of contract, etc., for the Sludge Dewatering
Belt Presses at the Water Pollution Control Plant, be received, placed on file
and "Resolution preliminarily approving the same", be adopted. Ayes: Six.
Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1990-193.
April 2, 1990 Page 8
New Business - continued
95524 - Moved by Buck, seconded by Angel
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc., and taking of bids as April 23, 1990, at 7:00 p.m. in the City
Hall Council Chambers on the Sludge Dewatering Belt Presses at the Water
Pollution Control Plant", be adopted and Clerk/Auditor instructed to publish
notice of hearing accordingly. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1990-194.
95525 - Moved by Buck, seconded by Angel
that communication from Mayor McKinley transmitting recommendation of
appointment of John E. Murphy to the Civil Service Commission for a six-year
term, with term expiration date of April 1, 1996, be received, placed on file
and approved. Motion carried.
Travel Requests
95526 - Moved by Brown, seconded by Wright
that the following travel requests, with expenses not to exceed amount shown,
be received, placed on file and approved:
1. Craig Penrose, Police Sergeant, to attend the Midwest Gang Investigators
Assoc. Seminar in Minneapolis, Minnesota, on May 14-16, 1990, with costs
not to exceed $150.00.
2. Cora Turner, Assistant Personnel Director, to attend the Law Enforcement
Job Fair Minority Recruitment Program in Hibbing, Minnesota, on April 18,
1990, with costs not to exceed $152.00, including the use of City vehicle.
3. Larry P. Burger, City Clerk/Auditor,
Officers Association Spring Meeting in
1990, with costs not to exceed $210.00.
4. Gary E. Hartwig, Police Sergeant, and
attend the Law Enforcement Job Fair in
1990, with costs not to exceed $404.00,
Motion carried.
MISCELLANEOUS
95527 - Moved by Brown, seconded by Wright
to attend Iowa Municipal Finance
Des Moines, Iowa, on April 18-20,
Cheryl Rathe, Police Officer, to
Hibbing, Minnesota, on April 18,
including the use of City vehicle.
that the following applications for beer and liquor licenses be received,
placed on file and approved and endorsed applications forwarded to the Iowa
Beer and Liquor Control Department and cigarette permit application be
received, placed on file and approved:
1. Beer & Liquor Permit Application
Class C
West Coast Connection, 735 Logan Avenue, (Renewal) (Expires March 28,
1991) (Includes Sunday Sales)
Cigarette Permit Application
One (1)
Motion carried.
BONDS
95528 - Moved by Buck, seconded by Wright
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through April 2, 1990, be received, placed on file and report and
bonds approved. Motion carried.
April 2, 1990 Page 9
ORAL PRESENTATIONS
95529 - James Roberson questioned why the probe by the Department of Criminal
Investigation of the Police Department was not made public.
Hugh Field, City Attorney, stated that the proceedings of a Grand Jury are by
law not public. Mr. Roberson urged the investigation of the situation that has
arisen between him and the Police Department.
Police Chief Roger Shook stated that his complaints have been thoroughly
investigated and that no complaint exists.
Moved by Buck, seconded by Brown
that the above oral comments be received and placed on file and that the City
Council adjourn. Motion carried.
Larry P. Burger
City Clerk/Auditor