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HomeMy WebLinkAbout09/03/91September 3, 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 3, 1991. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Angel Buck, Budak, Brown. Absent: Fox, Wright. Invocation by: Councilperson Bob Brown Pledge of Allegiance: Councilperson Dave Buck Mayor Bernie McKinley read a proclamation in support of further development of U.S. Highway 18 & 218 as the preferred route for the Avenue of the Saints and urging elected officials at all levels of government to continue to support the project. 98128 - Moved by Buck, seconded by Dell that the Agenda, as proposed, for the Regular Session on September 3, 1991, at 7:00 p.m., and the Minutes of the Regular Session on August 26, 1991, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 98129 - Moved by Angel, seconded by Dell that proof of publication of notice of public hearing on plans, specifications, form of contract, etc. and taking of bids for the F.Y. 1992 Concrete Pavement Patching and Repair Program, Contract No. 428, as published in the Waterloo Courier on August 23, 1991, be received and placed on file. Motion carried. 98130 - 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 "Resolution confirming the approval of plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Five. Absent: Fox, Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-579. 98131 - Moved by Buck, seconded by Angel that "Resolution ordering construction", be adopted. Ayes: Five. Absent: Fox, Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-580. 98132 - Moved by Budak, seconded by Brown to receive, file and instruct Deputy Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (award of contract delayed): Bidder Rampart Corporation, Waterloo, IA B & B Builders & Supply, Waterloo, IA Motion carried. 98133 - Moved by Dell, seconded by Angel Bid Bond Bid Amount 5% $198,882.50 5% $182,749.00 that proof of publication of notice of public hearing on plans, specifications, form of contract, etc. and taking of bids for the F.Y. 1992 University Avenue and Falls Avenue Traffic Safety Improvements, Contract No. 423, as published in the Waterloo Courier on August 22, 1991, be received and placed on file. Motion carried. September 3, 1991 Page 2 Hearings and Bids - continued 98134 - 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 Budak, seconded by Brown that "Resolution confirming the approval of plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Five. Absent: Fox, Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-581. 98135 - Moved by Angel, seconded by Buck that "Resolution ordering construction", be adopted. Ayes: Fox, Wright. Five. Absent: Resolution adopted and upon approval by Mayor assigned No. 1991-582. 98136 - Moved by Dell, seconded by Budak to receive, file and instruct Deputy Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (award of contract delayed): Bidder Bid Bond Bid Amount Cedar Valley Corporation, Waterloo, IA 5% $74,527.00 Motion carried. UNFINISHED BUSINESS 98137 - Moved by Buck, seconded by Dell that communication from Associate Engineer transmitting recommendation to reject bid submitted by Weichers Construction of Cedar Falls, Iowa in the amount of $20,650.00 for the F.Y. 1991 Gram Court Sanitary Sewer, Contract No. 405, be received, placed on file and approved. Motion carried. PETITIONS FROM PUBLIC 98138 - Moved by Angel, seconded by Buck that communication from Associate Engineer transmitting request of Donald Ticknor on behalf of National Cattle Congress for a temporary concrete driveway to be located at 300 Rainbow Drive, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Fox, Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-583. 98139 - Moved by Angel, seconded by Buck that communication from City Engineer transmitting Hinton, III for a temporary concrete driveway to be Avenue, together with recommendation of approval, be and "Resolution approving said request", be adopted. Fox, Wright. request of Charles F. located at 805 Progress received, placed on file Ayes: Five. Absent: Resolution adopted and upon approval by Mayor assigned No. 1991-584. September 3, 1991 Page 3 Petitions from Public - continued 98140 - Moved by Angel, seconded by Buck that communication from City Planner transmitting signage request of College Square Shopping Mall to temporarily place signs on city right-of-way on Ridgeway Avenue and Deere Road (west -bound and east -bound approach) in conjunction with Greenhill Road Reconstruction Project, IX -6560(1)--3P-07, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Fox, Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-585. REPORTS 98141 - The Mayor announced that a committee would be appointed to address the report's recommendations. Moved by Angel, seconded by Buck that communication from Community Development Board Administrator transmitting Fair Housing Analysis for the City of Waterloo, be received and placed on file. Motion carried. DOCUMENTS 98142 - Moved by Buck, seconded by Budak that communication from City Planner transmitting Contracts, Bonds and Certificates of Insurance from Cunningham Construction Incorporated of Cedar Falls, Iowa in the amount of $281,509.75 for the West Fourth Street Sidewalk and Lighting Repairs, Contract No. 422, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Fox, Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-586. 98143 - Moved by Buck, seconded by Budak that communication from Public Works Director transmitting an engineering agreement with Brice, Petrides -Donohue for design and construction engineering services in conjunction with the Northeast Waterloo Pretreatment Facility, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Fox, Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-587. 98144 - Moved by Buck, seconded by Budak that communication from Park Superintendent of Resources transmitting Change Order No. 2 for a net increase of $2,608.14 for work performed by Rampart Corporation, be received, placed on file and approved and report of completion for the Cedar River/Exchange Park Boat Ramp Reconstruction, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Five. Absent: Fox, Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-588. RESOLUTIONS TO BE ADOPTED 98145 - The Mayor announced that the time had arrived for discussion on the amendment to the 17th Year Community Development Block Grant application to allow for the acquisition of the building located at 1428 East Fourth Street. Councilperson Brown requested that this item be referred to the Building & Grounds Committee for formal review. He expressed a need to survey the condition of the building and develop a budget for the operation of the premise. September 3, 1991 Page 4 Resolutions to be Adopted - continued Moved by Brown, seconded by Buck that "Resolution authorizing an amendment to the 17th Year Community Development Block Grant Statement to allow for the acquisition of a building located at 1428 East Fourth Street", be tabled and referred to the Building & Grounds Committee. Ayes: Four. Nays: Dell. Absent: Fox, Wright. Motion carried. 98146 - Moved by Dell, seconded by Brown that "Resolution authorizing the transfer of $24,600 from the Law Enforcement Trust Fund line item Drug Resistance Education Program (D.A.R.E.) to the Police Department General Fund revenue budget line item Police Liaison Program", be adopted. Ayes: Five. Absent: Fox, Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-589. 98147 - Moved by Dell, seconded by Brown that communication from Deputy Clerk/Auditor transmitting Fiscal Year 1991 Street Finance Report be received, placed on file and "Resolution approving said report", be adopted and Deputy Clerk/Auditor instructed to file said report with the Iowa Department of Transportation. Ayes: Five. Absent: Fox, Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-590. 98148 - Moved by Dell, seconded by Brown that "Resolution authorizing certification of unpaid sewer fees in the amount of $1,626.81 for 1901 East Fourth Street", be adopted. Ayes: Five. Absent: Fox, Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-591. ORDINANCE TO BE ADOPTED 98149 - The Mayor announced that the time had arrived on the first reading of the Trespass Ordinance. The Mayor reported that violation of this ordinance would result in a misdemeanor charge and allow the city to collect the fines. The penalty for being found guilty of trespassing would be a $100 fine or 30 day jail sentence. This ordinance would apply to any property in the city and allow the posting of no trespassing signs in the Riverview area. City Attorney Jim Walsh stated that the ordinance mirrors the State Code in every respect. John Meyer, Public Works Director, stated that the city will be proceeding with the installation of gates in the Riverview area which will allow no trespassing between the hours of 9:00 p.m. and 7:00 a.m. No additional authority or authorization will be required to install said gates. Jamie Derifield, 1248 West Mullan Avenue, thanked the City Council for their prompt action on the Riverview situation. Mel Smelser, 2235 Temple Avenue, asked that the Council consider opening the Riverview area for early morning fishermen. Doris Derifield, 1406 West Third Street and grandmother of Jamie Derifield, thanked the Council for their action to stop the violence in the area and recognized that this action was not meant to stop recreational enjoyment of the area. Carol Ennenga, co-owner of Dick's Auto Salvage, stated that the gates will not solve the problems. She suggested that the city sign the area and save the $5,000 cost for the gates. Mayor McKinley stated that the city had thought about placing signs only, but in order to clearly show the intent of the city, it was decided that signing and gates would best get the message to violators. September 3, 1991 Page 5 Ordinance to be Adopted - continued Ms. Ennenga also asked that the city consider putting gates on Power Street. She suggested that the city do other recreational type activities in the Riverview area to enhance the surroundings. Dick Ennenga, 608 Power Street, suggested that the Riverview area be used for stock cars. Moved by Budak, seconded by Brown that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by adding Section 27-23, Trespassing, to Chapter 27, Offenses -Miscellaneous", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Fox, Wright. Motion carried. BILLS PAYMENT 98150 - Moved by Angel, seconded by Brown that the following items from the Finance agenda of September 3, 1991 be received, placed on file and approved: 1. Communication from Police Chief transmitting recommendation to reject all bids received for Phase V (office furniture) of the City Hall Renovation Project and authorization to rebid project, and 2. Communication from Police Chief transmitting request to purchase 4 drawer Honn brand file cabinet from Lincoln's in the amount of $127.55. Ayes: Four. Abstain: Buck. Absent: Fox, Wright. Motion carried. 98151 - Moved by Brown, seconded by Dell that "Resolution approving Schedule A918, pp. $804,496.56, dated September 3, 1991, copies of Clerk/Auditor's Office", be adopted. Ayes: Five. 1-55, in the amount of which are on file in the Absent: Fox, Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-592. NEW BUSINESS 98152 - Moved by Budak, seconded by Angel to instruct Park Superintendent of Planning to prepare plans, specifications, form of contract, etc., for the Gates Park Tennis Court Reconstruction be received, placed on file and approved. Motion carried. 98153 - Moved by Budak, seconded by Angel that plans, specifications, form of contract, etc., for the Gates Park Tennis Court Reconstruction be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Five. Absent: Fox, Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-593. 98154 - Moved by Budak, seconded by Angel that "Resolution setting date of hearing on plans, specificatio contract, etc., and taking of bids as September 23, 1991, at 7:00 City Hall Council Chambers on the above described project", be Deputy Clerk/Auditor instructed to publish notice of hearing Ayes: Five. Absent: Fox, Wright. ns, form of p.m. in the adopted and accordingly. Resolution adopted and upon approval by Mayor assigned No. 1991-594. 98155 - Moved by Budak, seconded by Angel to instruct Park Superintendent of Planning to prepare plans, specifications, form of contract, etc., for the Men's Softball Complex Concession/Rest Room Building be received, placed on file and approved. Motion carried. September 3, 1991 Page 6 New Business - continued 98156 - Moved by Budak, seconded by Angel that plans, specifications, form of contract, etc., for the Men's Softball Complex Concession/Rest Room Building be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Five. Absent: Fox, Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-595. 98157 - Moved by Budak, seconded by Angel that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as September 23, 1991, at 7:00 p.m. in the City Hall Council Chambers on the above described project", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Five. Absent: Fox, Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-596. 98158 - Moved by Budak, seconded by Angel that communication from Superintendent of Water Pollution/Flood Control transmitting the appointment of Danny Youngblood to the position of Instrument Control Technician, subject to passing of physical examination, be received, placed on file and approved. Motion carried. Travel Requests 98159 - Moved by Buck, seconded by Angel that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Dave Keidel, Housing Inspector, to attend NAHRO/IAHO 1991 Fall Training Conference in Ames, Iowa on September 11-13, 1991, with costs not to exceed $217.50. 2. John Shea, Wastewater Facilities Superintendent, to attend Upgrading Your Sanitary Sewer Maintenance Program in Madison, Wisconsin on October 2-4, 1991, with costs not to exceed $708.00, including the use of city vehicle. 3. Gary Schellhorn, Technical Services Coordinator, to attend Upgrading Your Sanitary Sewer Maintenance Program in Madison, Wisconsin on October 2-4, 1991, with costs not to exceed $708.00, including the use of city vehicle. 4. Mark Langenwalter, Police Sergeant, to attend Civil Liability & Use of Force The Balancing Act in Indianola, Iowa on October 24, 1991, with costs not to exceed $170.00, including the use of city vehicle. 5. James Oberle, Facility Engineer, to pick up NAEIR order in Galesburg, Illinois on September 4, 1991, with costs not to exceed $120.00, including the use of city vehicle. 6. Michelle Temeyer, Deputy Clerk/Auditor, to attend Leadership Iowa training sessions in various locations, with costs not to exceed $100 per session. Motion carried. MISCELLANEOUS 98160 - Moved by Buck, 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 C Kum & Go, 3016 Marnie Avenue (Renewal) (Expires 10/5/92) (Includes Sunday Sales) _a September 3, 1991 Page 7 Miscellaneous - continued 2. Beer & Wine License Permit Application Class E Quik Trip #526, 1976 Franklin Street (Renewal) (Expires 10/24/92) (Includes Sunday Sales) 3. Beer & Liquor License Permit Application Class C Yen Ching, 109 Commercial Street (Renewal) (Expires 9/11/92) (Includes Sunday Sales) Motion carried. BONDS 98161 - Moved by Angel, seconded by Buck that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through September 3, 1991, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 98162 - Mel Smelser, 2235 Temple Avenue, again discussed the reimbursement to the city by the Chicago Central Railroad for brush that the city disposed of and for which the railroad has not reimbursed the city $550 (see CR 98127 of August 26, 1991). Mayor McKinley stated that the city has no authority to charge the railroad for cleaning of its right of way, but that the city was intent on looking at ways to clean up the property to improve the natural beauty of the area and address drainage and snow removal problems. New management personnel at the railroad were approached for reimbursement to the city for the labor cost as well as amortization of the equipment. The railroad agreed and a written agreement will be forthcoming. Mr. Smelser asked that the city at least recoup its costs in future similar situations. Leon Mosley, 99 John Street, complained of the condition of the property at 1640 Cherry Hill Drive. He stated that the property is still in bad disrepair, including the "swimming pool." He asked what the situation was on this matter. Mayor McKinley stated that it was his understanding that appropriate action had been taken against the property in terms of compliance with safety or health regulations. It was reported that the City Attorney's office is working on a swimming pool ordinance although there are some reservations about regulating them. Councilperson Dell stated that he had talked with the owner yesterday who is considering fixing the property and selling it. The Mayor reported that the city cannot regulate "ugly things" but only those things that are allowed by ordinance. Paul Morgensen, 1634 Cherry Hills Drive and owner of property next to the property in question, stated that absolutely nothing has been done and asked that city leaders take whatever action necessary to alleviate the situation. He stated that on occasions he has talked with the owner of the property who does not care about its appearance. Again, he asked the city to take whatever steps possible. It was suggested that the property could be addressed under the public nuisance ordinance. The Mayor assured the Morgensens that the city will look at the property and take whatever action possible. Joy Lowe, 130 Webster Street, brought to the table discussion on the proposed transfer of Community Development Block Grant funds to allow purchase of property at 1428 East Fourth Street (see CR 98145). She stated that September 3, 1991 Page 8 Oral Presentations - continued Councilperson Brown's comments that action by the Council was premature was incorrect. This issue has been studied since last May and has been a neighborhood decision. Councilperson Brown stated that he did not think it was a bad idea, but that it needed further investigation by the city. Russ Lowe, 130 Webster Street, stated that it would be the responsibility of Community Development if it were necessary to tear the structure down. Councilperson Dell expressed his desire to work as quickly as possible on this issue. Vernon Weems, 637 Independence Avenue, read a prepared statement asking that the city consider other alternatives to the purchase of this property. Vonnie Jackson, 1838 Howard Avenue, questioned the payment on tonight's agenda to former Fire Lieutenant Dewayne Sevey in the amount of $15,866.04 for unused sick time. Jim Rodemeyer, Personnel Director, stated that benefits are accrued as authorized by union contract. Ms. Jackson questioned the large payout. Forest Dillavou, 1725 Huntington Road, questioned the city's purchase of property along Highway 218 in the amount of $250,000 (see CR 97945 of August 5, 1991). He stated that it was a waste of taxpayers' dollars and that the city should not be a real estate broker. The Mayor stated that this purchase will allow the city to have some control over the development of the area. It was the city's intention to eventually resell the property at a later date. Moved by Buck, seconded by Angel that the above oral comments be received, placed on file and the Council adjourn at 8:20 p.m. Motion carried. Michelle Temeyer Deputy City Clerk/Auditor