Loading...
HomeMy WebLinkAbout06/17/91June 17, 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 June 17, 1991. Mayor Pro Tem Robert J. Brown in the Chair. Roll Call: Brown, Buck, Budak, Angel, Wright, Fox and Dell. Invocation by: Councilperson Dell. Pledge of Allegiance: Councilperson Budak. 97589 - Moved by Buck, seconded by Angel that the Agenda, as proposed, for the Regular Session on June 17, 1991, at 7:00 p.m., and the Minutes of the Regular Session on June 10, 1991, at 7:00 p.m. and June 12, 1991 at 11:00 a.m., be accepted and approved. Motion carried. HEARINGS AND BIDS • 97590 - Moved by Wright, seconded by Dell that proof of publication of notice of public hearing on F.Y. 1991 Crossroads Drainage Improvements -- Hess Road Culvert, Contract No. 397, as published in the Waterloo Courier on June 3, 1991, be received and placed on File. Motion carried. 97591 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. f 97592 - Moved by Buck, seconded by Angel that the hearing be closed. Motion carried. Moved by Buck, seconded by Angel that "Resolution confirming approval of plans, contract, etc., in conjunction with said project", be Resolution adopted and upon approval L Mayor Pro Tem 97593 - Moved by Fox, seconded by Dell that "Resolution ordering construction", be adopted. Resolution adopted and upon approval by Mayor Pro Tem 97594 - Moved by Fox, seconded by Budak specifications, form of adopted. Ayes: Seven. assigned No. 1991-335. Ayes: Seven. assigned No. 1991-336. to receive, file and instruct Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (award delayed until June 24, 1991). Bidder Youngblut Contracting Inc. Peterson Contractors Inc. Rampart Corporation Taylor Construction, Inc. Motion carried. Bid Bond 5% 0 5% 5% 5% 0 97595 - Moved by Angel, seconded by Fox Bid Amount $180,465.30 $186,903.80 $206,480.40 $207,340.05 that proof of publication of notice of public hearing on Ridgeway Towers CIAP Work Project, as published in the Waterloo Courier on May 31, 1991, be received and placed on File. Motion carried. 97596 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Moved by Dell, seconded by Wright that the hearing be closed. Motion carried. June 17, 1991 Page 2 Hearings and Bids continued: 97597 - Moved by Dell, seconded by Wright that "Resolution confirming approval of plans, specifications, form of contract, etc., in conjunction with said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-337. 97598 - Moved by Fox, seconded by Dell that "Resolution ordering construction", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-338. 97599 - Moved by Wright, seconded by Angel to receive, file and instruct Clerk/Auditor to open and read bids and refer to Waterloo Housing Authority Administrator for review and recommendation (bid delayed): Bidder Bids Lockard Construction Kayser Inc. Don Gardner Construction Motion carried. $ 94,300 Base Bid $ 9,516 Alt. 1 $ 7,112 Alt. 2 $106,100 Base Bid $ 10,390 Alt. 1 $ 5,981 Alt. 2 $103,972 Base Bid $ 13,050 Alt. 1 $ 4,105 Alt. 2 HEARINGS 97600 - Moved by Buck, seconded by Dell that proof of publication of notice of public hearing on F.Y. 1992 Alley Oiling Assessment Program, Contract No. 424, as published in the Waterloo Courier on May 30, 1991, be received and placed on file. Motion carried. 97601 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections. Mayor Pro Tem Brown asked for objections to the proposed oiling of the alley between Kirkwood Avenue and Dundee Avenue from Bismark Avenue to Stratford Avenue. Steve Armstrong, 604 Kirkwood Avenue, objected to the proposed oiling due to the cost. When the petition was circulated by neighborhood members, the price was much lower per square foot than is now being proposed. Larry P. Burger, Clerk/Auditor, stated that an objection had been filed by Marlene G. Troyer, 648 Kirkwood Avenue, objecting to the proposed assessment. City Engineer Eric Thorson stated that 60% of the adjacent neighbors had signed a petition requesting the oiling. With the objections that have been filed this evening, less than 50% of the adjacent owners are opposed to the request. Discussion was heard on whether the owners not notifing the City of their objection or approval since sending the notice, should be accounted for or against the oiling. After discussion, it was moved by Budak, seconded by Fox that the alley between Kirkwood Avenue and Dundee Avenue from Bismark Avenue to Stratford Avenue be included in the F.Y. 1992 Alley Oiling Assessment Program, June 17, 1991 Hearings continued: Page 3 Contract No. 424. Ayes: Fox, Budak, Buck, Brown. Nayes: Dell, Angel, Wright. Motion carried. The Mayor Pro Tem announced that the time had arrived for objections to the oiling of the alley between Hope Avenue and Logan Avenue from Dale Street to Louise Street. The resident at 1756 Logan Avenue opposed the request. Walter Grau, 643 Hope Street, and Robert Green, 1726 Logan Avenue, supported the proposed oiling project. Discussion was heard as to whether the City or adjacent property owners were responsible for maintaining the alley. When the State of Iowa purchased the property in the area for the widening of U.S. Highway 63, property owners' access was restricted to the rear of the homes and onto the alley in question. It was stated that there were no agreements that the City would perpetually maintain the alley for these property owners. Moved by Buck, seconded by Budak that the alley between Hope Avenue and Logan Avenue, from Dale Street to Louise Street be included in the F.Y. 1992 Alley Oiling Assessment Program, Contract No. 424. Ayes: Seven. Motion carried. Moved by Buck, seconded by Budak that the hearing be closed and the above oral and written comments be received and placed on file. Motion carried. 97602 - Moved by Buck, seconded by Budak that "Resolution adopting resolution of necessity, as proposed, in conjunction with said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-339. 97603 - Moved by Buck, seconded by Wright that "Resolution ordering work", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-340. UNFINISHED BUSINESS 97604 - Moved by Angel, seconded by Dell that communication from Transportation Program Manager transmitting recommendation of award of contract to Peterson Contractors Inc. of Reinbeck, Iowa, in the amount of $3,845,858.43 for Shaulis Road Reconstruction, M-6470(5)--81-07, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-341. PETITIONS FROM PUBLIC 97605 - Moved by Dell, seconded by Fox that communication from City Planner transmitting request of National Cattle Congress to vacate the sidewalk on Courier Street adjoining property at 307 Rainbow Drive, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as July 8, 1991, at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-342. Page 4 June 17, 1991 Petitions from Public continued: 97606 - Moved by Dell, seconded by Fox that communication from City Planner transmitting request of Crystal Distribution Services, Inc. to rezone from "M-2" Heavy Industrial District and "U-1" Unclassified District to "M-1" Light Industrial District property generally located within the seventeen block Rath Tax Increment Financing District, together with recommendation of approval of the Planning, Programming and Zoning Commission be received, placed on file and "Resolution setting date of hearing as July 8, 1991, at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-343. 97607 - Moved by Dell, seconded by Fox that communication from City Planner transmitting request of B.D.E. Company to vacate the sidewalk adjoining property located at 919 Chalmer Avenue, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as July 8, 1991, at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-344. 97608 - Moved by Dell, seconded by Fox that communication from City Planner transmitting request of Thomas G. Friedman to vacate the sidewalk adjoining property at 1047 Thorndale Avenue, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as July 8, 1991, at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-345. 97609 - Moved by Dell, seconded by Fox that communication from City Planner transmitting request of Henry Anderson to vacate a portion of the twenty-five foot platted building line generally located along the west side of 253 Upland Drive, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as July 8, 1991, at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-346. 97610 - Moved by Dell, seconded by Fox that communication from City Planner transmitting request of R. J. Witham and UTE City to vacate, sale and convey portions of the cul-de-sac on Pheasant Lane for an extension of Pheasant Lane to West San Marnan Drive, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as July 8, 1991, at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-347. June 17, 1991 REPORTS Page 5 97611 - Moved by Fox, seconded by Wright that the Waterloo Housing Authority Ridgeway Towers and Section 8 Waterloo Housing Certificate Program --May 1991, be received and placed on file. Motion carried. DOCUMENTS 97612 - Moved by Budak, seconded by Angel that communication from Superintendent of Resources, Parks and Forestry, transmitting Change Order No. 1 to extend completion date from July 1, 1991 to August 1, 1991, for work to be performed by Rampart Construction in conjunction with Cedar River/Exchange Park Boat Ramp Reconstruction, be received, placed on file and approved. Motion carried. RESOLUTION TO BE ADOPTED 97613 - Moved by Wright, seconded by Dell that "Resolution approving disposition of property and charge off of uncollectible tenant receivables for Ridgeway Towers Apartments, 225 W. Ridgeway", be adopted. Ayes: Six. Abstain: Brown. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-349. 97614 - Moved by Wright, seconded by Dell that "Resolution transferring from the Trust and Agency Fund the sum of $51,312.75 to the General Fund", be adopted. Ayes: Seven. Resolution adopted and upon approval of Mayor Pro Tem assigned No. 1991-348. 97615 - Moved by Wright, seconded by Dell that "Resolution dedicating eight feet of property generally located along the north side of Lot 4 in Audubon Park Second Addition for utility easement", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-350. 97616 - Moved by Wright, seconded by Dell that "Resolution fixing date for a meeting as July 1, 1991 on the proposition to authorize a lease -purchase agreement in the principal amount not to exceed $650,000 for the acquisition of municipal equipment and vehicles (for Essential Corporate Purposes) --funds to pay costs of equipping the city police, fire and street departments and providing for publication thereof", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-351. 97617 - Moved by Wright, seconded by Dell that "Resolution fixing date for a meeting as July 1, 1991 on the proposition to authorize a lease -purchase agreement in the principal amount not to exceed $60,000 for the acquisition of municipal equipment and vehicles (for General Corporate Purposes) --funds to pay costs of equipping the city's Recreation Center and golf courses and providing for publication thereof", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-352. ORDINANCES TO BE ADOPTED 97618 - Moved by Dell, seconded by Fox that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by adding Section 4-35.1, Minors Prohibited from Certain Page 6 June 17, 1991 Ordinances to be adopted continued: Premises, to Chapter 4, Alcoholic Beverages (prohibit minors under 21 years of age from entering or remaining in establishments whose sale or dispensing of alcoholic beverages is more than 50 percent of the business conducted)", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 97619 - Moved by Budak, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 97620 - Moved by Fox, seconded by Dell that the following ordinance be recorded as having been considered and passed for the third time and now placed on its final adoption. Ayes: Seven. Motion carried. 97621 - Moved by Dell, seconded by Wright Ordinance amending the 1988 Code of Ordinances of the City of Iowa, by adding Section 4-35.1, Minors Prohibited from Certain to Chapter 4, Alcoholic Beverages (prohibit minors under 21 years of entering or remaining in establishments whose sale or dispensing of beverages is more than 50 percent of the business conducted)", be Ayes: Seven. that "an Waterloo, Premises, age from alcoholic adopted. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3794. ion, 97622 - E.J. Gallagher, III, Vice Presidentothe loiteringvil ordinanceLiberties e ncitedstated several that they were opposed to the proposed court cases indicating that said ordinance is unconstitutional. Moved by Budak, seconded by Wright that "an Ordinance repealing Section 27-8, Curfew, of Chapter 27, Offenses -Miscellaneous, of the Code of Ordinances of the City of Waterloo, Iowa; and enacting in lieu thereof a new Section 27-8, Curfew, of Chapter 27, Offenses -Miscellaneous (establishing curfew for persons below the age of sixteen)", be received, placed on file and tabled indefinitely. Ayes: Seven. Motion carried. 97623 - Moved by Budak, seconded by Wright that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, be adding Section 27-10, Loitering for the purpose of Engaging in Drug -Related Activity, to Chapter 27, Offense -Miscellaneous (prohibit loitering in or near any public or private place in a manner and under circumstances manifesting the purpose of illegally using, possessing, transferring, or selling any controlled substance)", be received, placed on file and tabled indefinitely. Ayes: Seven. Motion carried. BILLS PAYMENT 97624 - Moved by Angel, seconded by Buck that "Resolution approving Schedule A918, pp. 1-44, in the amount of $985,932.10, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-353. NEW BUSINESS 97625 - Moved by Wright, seconded by Buck that communication from City Planner requesting authorization to proceed with Stage I of the traffic signal removal process at the intersection of Burton June 17, 1991 New Business continued: Page 7 Avenue and West Parker Street, be received, placed on file and "Resolution authorizing to proceed", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-354. 97626 - Moved by Wright, seconded by Buck that communication from City Planner transmitting proposed amendments to the Long Range Land Use Plan as it relates to the seventeen block Rath Tax Increment Financing District, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as July 8, 1991, at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1991-355. MISCELLANEOUS 97627 - Moved by Buck, seconded by Dell that the following beer and liquor license permit application be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department, application for outdoor service area, application for dance license and cigarette permit applications be received, placed on file and approved. 1. Beer & Liquor License Permit Application Class C Light House Lounge, 1307 West 5th Street (Renewal) (Expires 6/28/92) (Includes Sunday Sales) 2. Liquor License Permit Application Class C Club 700 (Knights of Columbus), 1955 Locke Avenue (Renewal) (Expires 6-30-92) 3. Beer License Permit Application Class B Mama Nick's Circle Pizzaria, 1934 Washington (New) (Expires 6/17/92) (Includes Sunday Sales) Application for Outdoor Service Area Holiday Inn, 200 West 4th Street --June 22, 1991 Application for Dance License Goodies Incorporated, 115 Sumner Street Cigarette Permit Application Fifty-three (53) Renewal Applications Motion carried BONDS 97628 - Moved by Angel, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through June 17, 1991, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 97629 - Shirley Koslowski, 816 Archer Avenue, stated that the editorial appearing in the June 17, 1991, issue of the Waterloo Courier was incorrect. The Waterloo Chamber of Commerce Study Group which reviewed the structure of Waterloo city government did not recommend the hiring of a city manager. Instead, the study proposed the creation of a central administrative figure. She stated that she was quite concerned about the article's incorrectness. June 17, 1991 Page 8 Oral presentations continued: Councilperson Budak asked that since the 1400 block of Mitchell Avenue has been widened the City consider allowing parking on one side of the street for the church located in this block. He asked that this item be placed on next week's council agenda for review. Mel Smelser, 2235 Temple Avenue, stated his objection to Shirley Koslowski's comments in bringing forward for discussion the issue of whether the City should change its form of government to allow the creation of a city manager position. Councilperson Buck stated that Ms. Koslowski's comments were not in support or in favor of the change in government but were merely detailing the misquote the Waterloo Courier had made concerning the Chamber's study of this issue. 97630 - Moved by Buck, seconded by Wright that the Council adjourn at 8:15 p.m. Motion carried. Larry P. Burger City Clerk/Auditor