HomeMy WebLinkAbout09/16/91September 16, 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 September 16, 1991. Mayor Pro Tem Robert J.
Brown in the Chair. Roll Call: Dell, Fox, Angel, Wright, Budak and Brown.
Invocation by: Councilperson Josef Fox.
Pledge of Allegiance: Public Works Director John Meyer.
98243 - Moved by Angel, seconded by Dell
that the Agenda, as amended, for the Regular Session on September 16, 1991, at
7:00 p.m., and the Minutes of the Regular Session on September 9, 1991, at 7:00
p.m., be accepted and approved. Motion carried.
UNFINISHED BUSINESS
98244 - Moved by Fox, seconded by Angel
that communication from Associate Engineer transmitting recommendation of award
of contract to Knish Construction Company of Montgomery, Minnesota in the
amount of $38,246.73, for the F.Y. 1992 Sidewalk Repair Assessment Program -
Zone 3, Contract No. 411, be received, placed on file and "Resolution
authorizing said award of contract", be adopted. Ayes: Six. Absent: Buck.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-618.
98245 - Moved by Wright, seconded by Budak
that communication from City Clerk/Auditor transmitting request of Laura
Cannon, 620 Cordell Street, for compromise of sewer and garbage fees be
received, placed on file and tabled for one week. Ayes: Six. Absent: Buck.
Motion carried.
PETITIONS FROM PUBLIC
98246 - Moved by Dell, seconded by Angel
that communication from City Planner transmitting request of property owners to
vacate, sell and convey a portion of Marlin Court between Conger Street and the
east -west alley south of Riehl Street, together with recommendation of approval
of the Planning, Programming and Zoning Commission, be received, placed on file
and "Resolution setting date of hearing as October 7, 1991, at 7:00 p.m. in the
City Hall Council Chambers on the above request", be adopted and Clerk/Auditor
instructed to publish notice of same. Ayes: Six. Absent: Buck.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-619.
98247 - Moved by Dell, seconded by Angel
that communication from City Engineer transmitting request of Howard Allen for
a temporary concrete driveway to be located at 1019 Ann Street, together with
recommendation of approval, be received, placed on file and "Resolution
approving said request", be adopted. Ayes: Six. Absent: Buck.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-620.
98248 - Mel Smelser, 2235 Temple Avenue, stated that the change to elect City Council
members on four year staggered terms is technically considered a special
election issue but will be conducted at the same time as the municipal
elections on November 5, 1991. This will result in no additional cost to the
tax payer except for the cost of the printing. He noted that the Chamber of
Commerce also assisted in obtaining signatures for the petition.
Moved by Dell, seconded by Angel
that communication from City Clerk/Auditor transmitting request of Mel Smelser
requesting the Council to call for a special election to put before the voters
a cause to change City Council Members to be elected on four year staggered
terms effective January 1, 1994 be received, placed on file and "Resolution
September 16, 1991 Page 2
Petitions from public - continued
approving said request", be adopted and Clerk/Auditor instructed to notify the
Black Hawk County Election Office accordingly. Ayes: Six. Absent: Buck.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-621.
REPORTS
98249 - Moved by Budak, seconded by Wright
that communication from Clerk/Auditor transmitting Waterloo Housing Authority
Ridgeway Towers and Section 8 Waterloo Housing Certificate Program --August 1991
be received and placed on file. Motion carried.
DOCUMENTS
98250 - Moved by Fox, seconded by Angel
that communication from Soroptimist of Cedar Falls transmitting Iowa Department
of Transportation application to Adopt -a -Highway for litter removal along U.S.
Highway 63, be received, placed on file and "Resolution approving said
request", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Six.
Absent: Buck.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-622.
98251 - Moved by Fox, seconded by Angel
that communication from Transportation Program Manager transmitting Statement
of Completion and Final Acceptance of Work performed by Fred Carlson Company in
conjunction with Ansborough Avenue North Reconstruction, IX -6615(7)--79-07,
together with recommendation of approval, be received, placed on file and
"Resolution approving said document", be adopted and Mayor Pro Tem authorized
to execute same. Ayes: Six. Absent: Buck.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-623.
98252 - Moved by Fox, seconded by Angel
that communication from City Engineer transmitting Certificate of Completion
and Final Acceptance of Agreement Work performed by Brice, Petrides -Donohue in
conjunction with Sixth Street Bridge, IX -6653(1)--79-07, together with
recommendation of approval, be received, placed on file and "Resolution
approving said document", be adopted and Mayor Pro Tem authorized to execute
same. Ayes: Six. Absent: Buck.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-624.
98253 - Moved by Fox, seconded by Angel
that communication from Transportation Program Manager transmitting
recommendation of award of asbestos inspection Contract A -91(I) to Asbestos
Inspection of Waterloo, Iowa, in the amount of $1,896.00, together with
recommendation of approval, be received, placed on file and "Resolution
approving said documents", be adopted and Mayor Pro Tem authorized to execute
same. Ayes: Six. Absent: Buck.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-625.
98254 - Moved by Fox, seconded by Angel
that communication from City Planner transmitting Preliminary Plat of Albert A.
Oleson Addition, together with necessary documents, be received, placed on
file and "Resolution approving said Preliminary Plat", be adopted. Ayes:
Six. Absent: Buck.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-626.
September 16, 1991
RESOLUTIONS TO BE ADOPTED
98255 - Moved by Budak, seconded by Wright
Page 3
that "Resolution authorizing the forgiveness of garbage and sewer assessments
for property acquired in conjunction with the Sixth Street Extension located at
827 West Fourth Street", be adopted. Ayes: Six. Absent: Buck.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-627.
98256 - Moved by Budak, seconded by Wright
that "Resolution authorizing the total acquisition contract payments and
acceptance of deeds for Parcel Nos. 3900-A and 3900-B (Lockard Development,
Inc.) in conjunction with Crossroads Drainage Improvements Project, Contract
No. 397", be adopted. Ayes: Six. Absent: Buck.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-628.
98257 - Moved by Budak, seconded by Wright
that "Resolution setting date of hearing as October 7, 1991, at 7:00 p.m., in
the City Hall Council Chambers on the transfer of a portion of excess
right-of-way generally located on the corner of Kimball and Bertch Avenues to
Zion Lutheran Church in conjunction with Sixth Street Extension Project,
IX -6604(2)--79-07", be adopted and Clerk/Auditor instructed to publish notice
of same. Ayes: Six. Absent: Buck.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-629.
ORDINANCES TO BE ADOPTED
98258 - Moved by Angel, seconded by Dell
that "an Ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa, by repealing Subsection (b) of Section 27-5, Discharge of
Firearms Prohibited; Exceptions for Certain Hunters and Holders of Permits from
the Council; and by enacting in lieu thereof a new Subsection (b) of Section
27-5, Discharge of Firearms Prohibited; Exceptions for Certain Hunters and
Holders of Permits from the Council (Distance of 600 feet for discharge of a
firearm from a building inhabited by people or domestic livestock)", be
received, placed on file, considered and passed for the first time. Ayes:
Six. Absent: Buck. Motion carried.
98259 - Moved by Fox, seconded by Budak
that rules requiring ordinances to be considered and voted for passage at two
prior meetings, be suspended. Ayes: Six. Absent: Buck. Motion carried.
98260 - Moved by Wright, seconded by Angel
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: Buck. Motion carried.
98261 - Moved by Budak, seconded by Wright
that "an Ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa, by repealing Subsection (b) of Section 27-5, Discharge of
Firearms Prohibited; Exceptions for Certain Hunters and Holders of Permits from
the Council; and by enacting in lieu thereof a new Subsection (b) of Section
27-5, Discharge of Firearms Prohibited; Exceptions for Certain Hunters and
Holders of Permits from the Council (Distance of 600 feet for discharge of a
firearm from a building inhabited by people or domestic livestock)", be
adopted. Ayes: Six. Absent: Buck.
Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3823.
September 16, 1991
BILLS PAYMENT
98262 - Moved by Angel, seconded by Wright
that "Resolution approving Schedule A918, pp
$1,214,404.64, dated September 16, 1991, copies
Clerk/Auditor's Office", be adopted. Ayes: Six.
Resolution adopted and upon approval by Mayor Pro
NEW BUSINESS
Page 4
1-70, in the amount of
of which are on file in the
Absent: Buck.
Tem assigned No. 1991-630.
98263 - Moved by Fox, seconded by Dell
that communication from City Planner transmitting request to set a new date of
hearing as October 1, 1991, on vacation of a portion of the ten (10) foot
platted utility easement generally located along the north side of property
located at 739 Stephan Avenue due to an error in the legal description, and
rescinding Ordinance No. 3792, together with recommendation of approval of the
Planning, Programming and Zoning Commission, be received, placed on file and
"Resolution setting date of hearing as October 7, 1991, at 7:00 p.m. in the
City Hall Council Chambers on the above request", be adopted and Clerk/Auditor
instructed to publish notice of same. Ayes: Six. Absent: Buck.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-631.
98264 - Moved by Fox, seconded by Dell
that communication from City Planner transmitting request of the Public Works
Division to approve a site plan for a proposed wastewater pretreatment facility
to be located on property generally located midway between Independence Avenue
and Newell Street, approximately 5,000 feet west of Elk Run Road, together with
recommendation of approval of the Planning, Programming and Zoning Commission,
be received, placed on file and "Resolution setting date of hearing as October
7, 1991, at 7:00 p.m. in the City Hall Council Chambers on the above request",
be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six.
Absent: Buck.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-632.
98265 - Moved by Fox, seconded by Dell
that communication from City Planner transmitting request to vacate portions of
Westfield Avenue, McKinley Street and Jefferson Street in conjunction with
Relocated Westfield Avenue and Jefferson Street, together with recommendation
of approval of the Planning, Programming and Zoning Commission, be received,
placed on file and "Resolution setting date of hearing as October 7, 1991, at
7:00 p.m. in the City Hall Council Chambers on the above request", be adopted
and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent:
Buck.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-633.
98266 - Moved by Fox, seconded by Dell
that communication from Public Works Director transmitting recommendation of
appointment of Mike Magee to the position of Collection Foreman in the
Sanitation Department, effective September 17, 1991, be received, placed on
file and approved. Motion carried.
98267 - Moved by Fox, seconded by Dell
that communication from Director of Parks and Forestry transmitting
recommendation of appointment of Terry Friedrich to the position of Golf
Maintenance II, effective September 30, 1991, be received, placed on file and
approved. Motion carried.
98268 - Al Manning, 919 Fairview, questioned the considerable number of Board and
Commission reappointments that have been presented to the Council. Although he
recognized that commissioners gain expertise over time, there is a need to
replace commissioners to allow for new ideas.
September 16, 1991 Page 5
New business - continued
Moved by Fox, seconded by Dell
that communication from Mayor Bernie McKinley transmitting recommendation of
reappointment of Wayne Snyder, Jan Guthrie, Larry Howard and Robert Buckley to
the Design Review Board, with term expiration date of May 7, 1993, be
received, placed on file and approved. Motion carried.
98269 - Moved by Fox, seconded by Dell
that communication from Mayor Bernie McKinley transmitting recommendation of
reappointment of Bob Heaton to the Airport Commission, with term expiration
date of September 17, 1997, be received, placed on file and approved. Motion
carried.
98270 - Moved by Fox, seconded by Dell
to instruct City Engineer to prepare plans, specifications, form of contract,
etc. for the Repair to Patio at 5 Sullivan Brothers Convention Center, be
received, placed on file and approved. Motion carried.
98271 - Moved by Fox, seconded by Dell
that plans, specifications, form of contract, etc., for repair to 5 Sullivan
Brothers Convention Center, be received, placed on file and "Resolution
preliminarily approving the same", be adopted Ayes: Six. Absent: Buck.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-634.
98272 - Moved by Fox, seconded by Dell
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc., and taking of bids as October 7, 1991, at 7:00 p.m. in the City
Hall Council Chambers on the above described project", be adopted and
Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Six.
Absent: Buck.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-635.
TRAVEL REQUESTS
98273 - Moved by Wright, seconded by Angel
that the following travel requests, with expenses not to exceed amount shown,
be received, placed on file and approved:
1. Cammie Scully, Assistant Art Director, to attend Midwest Museum's
Conference in Minneapolis, Minnesota on September 25-29, 1991, with costs
not to exceed $175.00.
2. Rhonda Sue Weber, Police Officer, to attend 125th Basic Training School
for Recruit Officers in Johnston, Iowa on September 23 -December 6, 1991,
with costs not to exceed $1,740.50, including the use of city vehicle.
3. N. Deberg, Fire Captain; J. Frost, Fire Lieutenant; D. Boesen, Paramedic;
and M. Freshwater, Fire Fighter, to attend LNG Fire School in Ames, Iowa,
on October 1-3, 1991, with costs not to exceed $442.80, including the use
of city vehicle.
4. John Meyer, Public Works Director, and Gary Simmons, Water Pollution/Flood
Control Superintendent, to attend Water Resources Management in Ames, Iowa
on November 7, 1991, with costs not to exceed $182.50, including the use
of city vehicle.
5. Scott Clement, Craig Hild, Ken Harkrider and Terry Wentz, Equipment
Operator II's, to attend APWA Snow Plow Rodeo and Equipment Show in Ames,
Iowa on October 1, 1991, with costs not to exceed $390.00, including the
use of city vehicle.
September 16, 1991 Page 6
•
Travel requests - continued
6. Richard Grimm, Street Operations Superintendent, to attend Managing Snow
and Ice Control Operations Seminar in Madison, Wisconsin on September
22-23, 1991, with costs not to exceed $600.00, including the use of city
vehicle.
7. Lieutenant Roger Shook and Sergeant Mark Langenwalter to attend Career
Fares in Ames and Iowa City, Iowa, on September 19, 1991 and September 26,
1991, with costs not to exceed $85.00 per person, including the use of
city vehicle.
Motion carried.
MISCELLANEOUS
98274 - Moved by Wright, seconded by Angel
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:
1. Beer License Permit Application
Class B
Gates Park Golf Course, 820 E. Donald Street (Renewal) (Expires 10/1/92)
(Includes Sunday Sales)
Recreation Commission, Cattle Congress Grounds (Conger & Rainbow)
(Renewal) (Expires 10/1/92) (Includes Sunday Sales)
Shakey's Pizza Buffet, 106 Brookeridge (Renewal) (Expires 9/23/92)
(Includes Sunday Sales)
2. Beer & Liquor License Permit Application
Class C
T. J. and Company Lounge, 3850 West Airline (Renewal) (Expires 9/25/92)
Loading Dock, 1435 Sycamore Street (Renewal) (Expires 9/25/92) (Includes
Sunday Sales)
Motion carried.
98275 - Moved by Budak, seconded by Fox
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through September 16, 1991, be received, placed on file and
report and bonds approved. Motion carried.
ORAL PRESENTATIONS
98276 - Shirley Koslowski, 816 Archer Avenue, presented an article that appeared in the
Sunday, September 15, 1991, issue of the Des Moines Register. It echoed her
views on the need for establishment of a total "community", which must include
all segments including those of different social, economic, educational,
physical, etc. backgrounds.
Roxie Pavelka, Fabuless Fashions, K -Mart Plaza, commented about the 80% drop in
her business since commencement of the reconstruction of Ridgeway Avenue. Four
of the five accesses to the K -Mart plaza area have been closed due to the
reconstruction. Eric Thorson, City Engineer, stated that the City is working
very closely with the contractor to complete the project and open two of the
accesses soon. Mayor Pro Tem Brown thanked her for bringing this to the
Council's attention.
Moved by Wright, seconded by Angel
that the above oral comments be received, placed on file and the Council
adjourn at 7:21 p.m. Motion carried.
Larry P. Burger
City Clerk/Auditor