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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