HomeMy WebLinkAbout10/28/91October 28, 1991
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 October 28, 1991. Mayor Bernard L. McKinley
in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown.
Invocation by: Mayor Bernie McKinley
Pledge of Allegiance: Public Works Director John Meyer
98468 - Moved by Buck, seconded by Angel
that the Agenda, as proposed, for the Regular Session on Monday, October 28,
1991, at 7:00 p.m., and the Minutes of the Regular Session on Monday, October
21, 1991, at 7:00 p.m., be accepted and approved. Motion carried.
HEARINGS
98469 - Moved by Budak, seconded by Wright
that proof of publication of notice of public hearing on request of Allen
Memorial Hospital to vacate, sell and convey a portion of the east -west alley
from Reed Street to the north south alley between Reed and Cutler Streets
adjoining their property for expansion of the existing hospital parking lot on
the southeast corner of West Dale and Reed Streets, as published in the
Waterloo Courier on October 22, 1991, be received and placed on file. Motion
carried.
98470 - 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 the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission be received and placed on file. Motion
carried.
98471 - Moved by Fox, seconded by Dell
that "an Ordinance vacating a portion of the east -west alley from Reed Street
to the north -south alley between Reed and Cutler Streets", be received, placed
on file, considered and passed for the first time. Ayes: Seven. Motion
carried.
98472 - Moved by Dell, seconded by Budak
that rules requiring ordinances to be considered and voted for passage at two
prior meetings, be suspended. Ayes: Seven. Motion carried.
98473 - Moved by Angel, 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:
Seven. Motion carried.
98474 - Moved by Wright, seconded by Brown
that "an Ordinance vacating a portion of the east -west alley from Reed Street
to the north -south alley between Reed and Cutler Streets", be adopted. Ayes:
Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3831.
98475 - Moved by Fox, seconded by Dell
that "Resolution authorizing sale and conveyance of a portion of the east -west
alley from Reed Street to the north -south alley between Reed and Cutler Streets
to Allen Memorial Hospital", be adopted and City Attorney instructed to prepare
and deliver a deed accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-716.
October 28, 1991 Page 2
Hearings - continued
98476 - Moved by Wright, seconded by Dell
that proof of publication of notice of public hearing on sale and conveyance to
Deere & Company excess right-of-way generally located off the southwest corner
of McKinley Street and Westfield Avenue in conjunction with Relocated Westfield
Avenue Project, Contract No. 419, as published in the Waterloo Courier on
October 22, 1991, be received and placed on file. Motion carried.
98477 - 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 Budak
that the hearing be closed. Motion carried.
98478 - Moved by Budak, seconded by Fox
that "Resolution authorizing sale and conveyance to Deere & Company excess
right-of-way generally located off the southwest corner of McKinley Street and
Westfield Avenue in conjunction with Relocated Westfield Avenue Project,
Contract No. 419" be adopted and City Attorney instructed to prepare and
deliver a deed accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-717.
PETITIONS FROM PUBLIC
98479 - Moved by Wright, seconded by Angel
that communication from Clerk/Auditor transmitting request of Laura Cannon,
owner of property at 620 Cordell Street, to approve repayment plan for
delinquent sewer and garbage fees and decertify certain unpaid assessments be
received, placed on file and "Resolution approving said request", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-718.
DOCUMENTS
98480 - Police Chief Koehrsen explained that this agreement would authorize the use of
the City Jail by the Black Hawk County Sheriff's Department for temporary
placement of inmates not to exceed 22 at any one time. The city will charge
the county $15 per day per inmate resulting in potential income to the city of
$101,000 per year. In all, this arrangement will save the taxpayers of Black
Hawk County approximately $50,000 per year. Currently, prisoners are
transported to jails in other communities. The opening of the City Jail will
result in a need for the county to hire 8 additional deputies to staff the
facility. The city will act as a landlord in this situation and will assume no
liability and will provide only the facility, utilities and existing fire
extinguishers for use by the county. The Chief recommended approval of the
agreement. If approved by the Council, the Black Hawk County Board of
Supervisors will review the agreement on Tuesday, October 29, 1991.
Moved by Angel, seconded by Budak
that communication from Police Chief transmitting an Inmate Placement Agreement
with Black Hawk County for use of City Jail, be received, placed on file and
"Resolution approving said agreement", be adopted and Mayor authorized to
execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-719.
98481 - Moved by Angel, seconded by Budak
that communication from Clerk/Auditor transmitting dishonored check policy
which outlines the procedure for handling dishonored checks and imposes a $15
surcharge for all dishonored instruments be received, placed on file and
"Resolution approving said policy", be adopted. Ayes: Seven.
.,Resolution adopted "'4 upon approval by Mayor assigner No. 1991-720.
October 28, 1991
Page 3
Documents - continued
98482- Moved by Angel, seconded by Budak
that communication from Personnel Director transmitting agreement with
Northeast Council on Substance Abuse establishing the Employee Assistance
Program for F.Y. 1992, together with recommendation of approval, be received,
placed on file and "Resolution approving said agreement", be adopted and Mayor
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-721.
98483 - Moved by Angel, seconded by Budak
that communication from Community Development Administrator transmitting a
Tenant Assistance Policy for the Department of Housing and Urban Development
Rental Rehabilitation Program be received, placed on file and "Resolution
approving said policy", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-722.
98484 - Moved by Angel, seconded by Budak
that communication from Assistant City Engineer transmitting Change Order No. 3
for a net decrease of $3,655.00 for work performed by E. B. Spencer Engineering
Company in conjunction with the F.Y. 1990 Waterloo Water Pollution Control
Plant, Sludge Dewatering Improvements, Contract No. 388, be received, placed on
file and approved and Mayor authorized to execute same. Motion carried.
98485 - Moved by Angel, seconded by Budak
that communication from Clerk/Auditor transmitting Change Order No. 6 for a net
increase of $582.00 for work to be performed by Don Gardner Construction in
conjunction with Renovation of Police Department and Planning and Development
Division be received, placed on file and approved and Clerk/Auditor authorized
to execute same. Motion carried.
RESOLUTIONS TO BE ADOPTED
98486 - Moved by Budak, seconded by Brown
that "Resolution approving the target area for revitalization to be changed to
Utica Street, Franklin Street, Park Avenue and the Cedar River and rescinding
Resolution No. 1991-714", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-723.
98487 - Moved by Budak, seconded by Brown
that "Resolution setting date of hearing as November 12, 1991 at 7:00 p.m. in
the City Hall Council Chambers on the sale and conveyance of excess
right-of-way property generally located off West Fourth Street and Grant Avenue
(613 Grant Avenue) to Dr. Rolf F. Kruse in conjunction with Sixth Street
Extension Project", be adopted and Clerk/Auditor instructed to publish notice
of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-724.
98488 - Moved by Budak, seconded by Brown
that "Resolution setting date of hearing as November 12, 1991 at 7:00 p.m. in
the City Hall Council Chambers on the sale and conveyance of excess
right-of-way generally located off Ansborough Avenue and adjacent to Devonshire
School to Dave Christian Construction in conjunction with Ansborough Avenue,
IX -6615(6)--79-07", be adopted and Clerk/Auditor instructed to publish notice
of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-725.
October 28, 1991 Page 4
Resolutions to be Adopted - continued
98489 - Moved by Budak, seconded by Brown
that "Resolution authorizing the total acquisition and accepting the warranty
deed of the John Dunsmore House located at 902 Logan Avenue from the
African-American Historical Association", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-726.
ORDINANCES TO BE ADOPTED
98490 - Moved by Brown, seconded by Fox
that "an Ordinance fixing the compensation of Council Members of the City of
Waterloo, Iowa, and repealing Ordinance No. 3608", be received, placed on file,
considered and passed for the third time. Ayes: Five. Nays: Dell, Budak.
Motion carried.
98491 - Moved by Buck, seconded by Wright
that "an Ordinance fixing the compensation of Council Members of the City of
Waterloo, Iowa, and repealing Ordinance No. 3608", be adopted. Ayes: Five.
Nays: Dell, Budak.
Ordinance adopted and upon approval by Mayor assigned No. 3832.
98492 - Moved by Dell, seconded by Angel
that "an Ordinance amending Chapter 18, Heating, Air Conditioning and
Ventilating, of the Code of Ordinances of the City of Waterloo, Iowa (adoption
of the 1991 Uniform Mechanical Code)", be received, placed on file, considered
and passed for the second time. Ayes: Seven. Motion carried.
BILLS PAYMENT
98493 - Moved by Angel, seconded by Wright
that "Resolution approving Schedule A918, pp. 1-67, dated October 28, 1991, in
the amount of $1,016,784.46, copies of which are on file in the Clerk/Auditor's
Office", be adopted. Ayes: Six. Abstain: Buck.
Resolution adopted and upon approval by Mayor assigned No. 1991-727.
Travel Requests
98494 - Moved by Fox, seconded by Brown
that the following travel requests, with expenses not to exceed amount shown,
be received, placed on file and approved:
1. Ned DeBerg, Fire Captain, to attend Certified Fitness Coordinator Workshop
in Omaha, Nebraska on November 4-8, 1991, with costs not to exceed
$800.00, including the use of city vehicle.
2. Bernard L. McKinley, Mayor, to attend Iowa Good Roads Association Annual
meeting in Des Moines, Iowa on November 7-8, 1991, with costs not to
exceed $125.00.
Motion carried.
MISCELLANEOUS
98495 - Moved by Fox, seconded by Brown
that the following beer and liquor license permit applications be received,
placed on file and approved and endorsed applications forwarded to the Iowa
Beer and Liquor Control Department:
October 28, 1991
Miscellaneous - continued
Page 5
1. Beer License Permit Application
Class B
Pizza Hut, 2825 Crossroads Boulevard (New) (Expires 11/26/92) (Includes
Sunday Sales)
2. Beer License Permit Application
Class C
Kum & Go, 7112 LaPorte Road (Renewal) (Expires 12/14/92) (Includes Sunday
Sales)
3. Beer & Liquor License Permit Application
Class C
Embassy Lounge, 225 E. 5th Street (Renewal) (Expires 11/23/92) (Includes
Sunday Sales)
Z's Restaurant & Lounge, 3937 W. Airline Highway (Renewal) (Expires
10/31/92)
4. Liquor License Permit Application
Class E
Hy -Vee Food Store, 306 Byron Avenue (Renewal) (Expires 11/21/92) (Includes
Sunday Sales)
Motion carried.
BONDS
98496 - Moved by Angel, seconded by Fox
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through October 28, 1991, be received, placed on file and report
and bonds approved. Motion carried.
ORAL PRESENTATIONS
98497 - Kathy Oberle, 710 Forest Avenue, objected to the use of the Corvette by the
Chief of Police (obtained through drug seizure --Bobby Sykes). She stated that
the city should have taken care of the details prior to the use of the vehicle.
The Mayor stated that this decision had been carefully reviewed by the city and
it was the consensus to proceed and send a message to drug dealers and users in
the community that private property can be confiscated.
Jody Tomkins, 909 West Third Street, supported the Chief's use of the Corvette
in the fight against drugs. He also congratulated Mayor McKinley for his
performance at the Junior League Ice Follies this past weekend. He also urged
candidates running for City Council to use yard signs only in the ward in which
they are running. He also commended Officer Cheryl Rathe for her work at West
High School and the excellent rapport with the students. As an instructor of
the DARE Program, Officer Rathe has done an excellent job with the students.
Councilperson Buck recognized Mayor McKinley for his recent award on being
named Citizen of the Year by the Iowa Northland Regional Council of
Governments.
Forest Dillavou, 1725 Huntington Road, expressed concern with the city's buying
and selling of property related to the Interstate Substitution Program. He
asked that the purchase and sale price be made a matter of public record. Bob
Stevenson, City Planner, stated that the purchase and sale price are always
public record; however, it is often difficult to compare the two since often
times the purchase price includes a house that is later demolished and excess
right-of-way sold.
Moved by Buck, seconded by Wright
that the above oral comments be received and placed on file and the Council
adjourn at 7:40 p.m. Motion carried.
Larry P. Burger
City Clerk/Auditor