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HomeMy WebLinkAbout05/06/91May 6, 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 May 6, 1991. Mayor Bernard L. McKinley in the Chair. Roll Call: Fox, Angel, Buck, Wright, Budak, Brown. Absent: Dell. Judy Fossell, 935 Steely Street and sponsor of the Grant School Student Council, presented members of the Student Council and presented Mayor McKinley and City Council Members with May Baskets. She thanked the city for the excellent partnership and the sharing during the past year. Invocation by: Councilperson Bob Brown Pledge of Allegiance: Councilperson Dave Buck 97342 - Moved by Buck, seconded by Angel that the Agenda, as amended, for the Regular Session on May 6, 1991, at 7:00 p.m., and the Minutes of the Regular Session on April 22, 1991, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS 97343 - Moved by Budak, seconded by Wright that proof of publication of notice of public hearing on the request of the U.S. Postal Service to rezone from "C-2" Commercial District to "C -Z" Conditional Zoning property generally located on the southeast corner of University Avenue and South Hackett Road, as published in the Waterloo Courier on April 19, 1991, be received and placed on file. Motion carried. 97344 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Moved by Wright, seconded by Buck that the request of the U.S. Postal Service to adjourn the hearing on the above request until May 28, 1991 at 7:00 p.m. in the City Hall Council Chambers be received, placed on file and approved. Motion carried. UNFINISHED BUSINESS 97345 - Moved by Buck, seconded by Fox that communication from Public Works Director transmitting recommendation of award of contract to Nutri-Ject Systems, Inc. of Hudson, Iowa in the amount of $498,600 for Sludge Disposal Services be received, placed on file and "Resolution approving said contract", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-227. PETITIONS FROM PUBLIC 97346 - Moved by Angel, seconded by Wright that the request of Brad Williams for a variance to Chapter 25.5 of the Noise Ordinance on June 6, 1991 from 7:00 p.m. to 12:00 midnight to hold a teen dance at the Cattle Congress parking lot in conjunction with My Waterloo Days, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-228. 97347 - Moved by Angel, seconded by Wright that the request of My Waterloo Days organizers for a variance to Chapter 25.5 of the Noise Ordinance on May 31, 1991 from 8:30 p.m. to 12:30 a.m. to hold a dance on Water Street between East 4th and 5th Streets, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-229. May 6, 1991 Page 2 Petitions from Public - continued 97348 - Moved by Angel, seconded by Wright that communication from Associate Engineer transmitting request of Venture Stores Inc. to grade the southerly 640 feet of street right of way along East San Marnan Drive adjacent to the Venture Store site, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-230. DOCUMENTS 97349 - Moved by Fox, seconded by Brown that communication from Public Works Director transmitting Professional Services Agreements with Brice, Petrides -Donohue for engineering services in conjunction with the Water Pollution Control Facility, together with recommendation of approval, be received, placed on file and "Resolution approving said agreements", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-231. 97350 - Moved by Fox, seconded by Brown that communication from Personnel Director transmitting an addendum to the Police Bargaining Agreement for F.Y. 1992, together with recommendation of approval, be received, placed on file and "Resolution approving said addendum", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-232. 97351 - Moved by Fox, seconded by Brown that communication from Transportation Program Manager transmitting recommendation of award of contract to Cyclone Fence - USX Corporation of Chicago, Illinois in the amount of $7,942.00 for installation of security fence at Williams Pipeline Company in conjunction with Shaulis Road, M-6470(5)--81-07, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-233. 97352 - Moved by Fox, seconded by Brown that communication from Transportation Program Manager transmitting recommendation of award of contract for Appraisal Services to Keith Jones Appraisal Services of Cedar Falls, Iowa in the amount of $3,875.00 in conjunction with Sixth Street Extension (East), IX -6604(2)--79-07, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-234. 97353 - Moved by Fox, seconded by Brown that communication from Clerk/Auditor transmitting contract with Don Gardner Construction Company of Waterloo, Iowa in the amount of $24,542 for remodeling of the former East Side Library, together with recommendation of approval of the Finance Committee, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-235. May 6, 1991 Page 3 Documents - continued 97354 - Moved by Fox, seconded by Brown that communication from Transportation Program Manager transmitting Contracts, Bonds and Certificates of Insurance from K & W Electric, Inc. of Cedar Falls, Iowa in the amount of $796,449.12 for Subsystem "M", IX -6453(3)--79-07 (east side downtown signalization), be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-236. 97355 - Moved by Fox, seconded by Brown that communication from Assistant City Engineer transmitting Completion Report and Recommendation of Acceptance of Work performed by Aspro, Inc. and Subsidiaries in conjunction with F.Y. 1990 Street Reconstruction Program, Contract No. 384, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-237. 97356 - Moved by Fox, seconded by Brown that the Maintenance Bond from Aspro, Inc. & Subsidiaries F.Y. 1990 Street Reconstruction Program, Contract No. 384, on file and approved. Motion carried. in conjunction with be received, placed RESOLUTIONS TO BE ADOPTED 97357 - Moved by Brown, seconded by Wright that communication from City Engineer transmitting request for authorization to send out notification to property owners of proposed sidewalk repairs together with cost estimates for the F.Y. 1991 Sidewalk Repair Assessment Program, Zone 3, be received, placed on file and "Resolution setting date of hearing as May 20, 1991 at 7:00 p.m. in the City Hall Council Chambers on the proposed repairs", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-238. 97358 - Moved by Brown, seconded by Wright that "Resolution authorizing the abatement of special assessment for rental inspection fees for property located at the corner of Texas and Dysart Streets in the amount of $84.00 and for garbage disposal service fees for property located at 1018 Janney Street in the amount of $15.60 for property acquired in conjunction with the Interstate Substitution Program", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-239. 97359 - Moved by Brown, seconded by Wright that "Resolution authorizing the partial acquisition contracts and accepting the deeds and easements for (Statesman Federal Savings Bank), 1625 WFOR (Ansborough (H.R.Z. Partnership) and 803 MAR (Allen D. Sell) in Street Extension, IX -6604(2)--79-07", be adopted. Ayes: and temporary easement Parcel Nos. 827 WFOR Plaza, Inc.), 1636 WFOR conjunction with Sixth Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-240. 97360 - Moved by Brown, seconded by Wright that "Resolution accepting quit claim deed from Black Hawk County for three parcels of land located north of University Avenue water tower in Section 21, Township 89, Range 13 (south of Carriage Hill Drive)", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-241. May 6, 1991 Page 4 Resolutions to be Adopted - continued 97361 - Moved by Brown, seconded by Wright that "Resolution transferring from the Road Use Tax Fund the sum of $15,000.00 and the Street Reconstruction Fund the sum of $40,000.00 to the Engineering Department within the General Fund", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-242. 97362 - Moved by Brown, seconded by Wright that the plans, specifications, form of contract, etc., for Shaulis Road Reconstruction, M-6470(5)--81-07, be received, placed on file and "Resolution setting date of hearing as May 20, 1991, at 7:00 p.m. in the City Hall Council Chambers on above said project", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-243. 97363 - Moved by Brown, seconded by Wright that "Resolution setting date of hearing as May 21, 1991, at 4:00 p.m. in the City Hall Council Chambers to consider application to the Department of Housing and Urban Development for 10 units of public housing for single family housing for low income families for the Waterloo Housing Authority", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-244. 97364 - Moved by Brown, seconded by Wright that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, establishing new utilities allowance schedules for the Waterloo Section 8 Existing Housing Project", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-245. 97365 - Moved by Brown seconded by Wright that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, amending the Administrative Plan and Admission Policy, Appendix No. 2, to include Operation Bootstrap, for the Waterloo Section 8 Housing Program, IA05-E050-001/9 and IA05-V050-004/13", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-246. 97366 Moved by Brown, seconded by Wright that "Resolution approving Annual Contributions Contract Part I for Housing Voucher Program with U.S. Department of Housing and Urban Development, Section 8 Existing Housing with City acting as Waterloo Housing Authority, Contract No. IA05-E050-001/9", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-247. 97367 - Moved by Brown, seconded by Wright that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, approving submission of Fiscal Year 1992 Budget for Ridgeway Towers Apartments, 225 West Ridgeway", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-248. ANN May 6, 1991 Page 5 ORDINANCES TO BE ADOPTED 97368 - Moved by Budak, seconded by Brown that "an Ordinance amending the Traffic Code by repealing Subsection (101) Washington Street of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof new Subsection (101) Washington Street of Section 541, Increasing Speed Limits in Certain Areas (speed limit on Washington Street northbound service road from West Tenth Street to West Park Avenue to be 35 mph and West Park Avenue to West Second Street to be 25 mph)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dell. Motion carried. 97369 - Moved by Buck, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Dell. Motion carried. 97370 - Moved by Angel, seconded by Budak 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: Dell. Motion carried. 97371 - Moved by Brown, seconded by Fox that "an Ordinance amending the Traffic Code by repealing Subsection (101) Washington Street of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof new Subsection (101) Washington Street of Section 541, Increasing Speed Limits in Certain Areas (speed limit on Washington Street northbound service road from West Tenth Street to West Park Avenue to be 35 mph and West Park Avenue to West Second Street to be 25 mph)", be adopted. Ayes: Six. Absent: Dell. Ordinance adopted and upon approval by Mayor assigned No. 3782. 97372 - Moved by Fox, seconded by Angel that "an Ordinance amending the 1988 Traffic Code by adding Subsection (39b) Steely Street to Section 553, No Parking Here to Corner (corner on Steely from Glenwood to Alta Vista)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dell. Motion carried. BILLS PAYMENT 97373 - Moved by Angel, seconded by Buck that "Resolution approving Schedule A918, pp. 1-68, in the amount of $1,138,319.35, dated May 6, 1991, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Five. Absent: Dell. Abstain: Fox. Resolution adopted and upon approval by Mayor assigned No. 1991-249. NEW BUSINESS 97374 - Moved by Brown, seconded by Wright that communication from Director of Human Rights Commission transmitting recommendation of appointment of Joan Vogeler to the position of Administrative Secretary effective May 13, 1991, be received, placed on file and approved. Motion carried. Travel Request 97375 - Moved by Buck, seconded by Budak that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved. May 6, 1991 Page 6 Travel Requests - continued 1. John Meyer, Public Works Director, to attend the Tri-State APWA Conference and Exhibit Show in Davenport, Iowa on July 17-19, 1991, with costs not to exceed $397.50. Motion carried. MISCELLANEOUS 97376 - Moved by Buck, seconded by Budak 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 and application for outdoor cafe/beer garden, application for theater license, applications for dance license, application for fireworks display, application for massage technician permit, and application for massage business, be received, placed on file and approved: 1. Beer License Permit Application Class B Black Hawk Tennis Club, Inc., 1005 Black Hawk Road (New) (Seasonal --May 14 -November 15, 1991) Breadeaux Pisa, 520 LaPorte Road (Renewal) (Expires 4/29/92) (Includes Sunday Sales) 2. Beer & Liquor License Permit Application Class C Packers Inn, 201 Rath Street (Renewal) (Expires 5/21/92) (Includes Sunday Sales) The Eclipse, 211 West 18th Street (Renewal) (Expires 5/10/92) Hickory House, 315 Park Road (Renewal) (Expires 5/24/92) American Legion, 619 Franklin (Renewal) (Expires 5/9/92) (Includes Sunday Sales) 3. Beer & Liquor License Permit Application Class A Amvets, 32 Lafayette Street (Renewal) (Expires 5/13/92) (Includes Sunday Sales) Application for Outdoor Cafe/Beer Garden Black Hawk Tennis Club, Inc., 1005 and 1010 Black Hawk Road --May 15 -November 15, 1991 Application for Theater License Danish Book World II, 1507 LaPorte Road Application for Dance License Eclipse Lounge, 211 West 18th Street Fraternal Order of Eagles #764, 202 East 1st Street Electric Park Ballroom, 307 Rainbow Drive Application for Fireworks Display Sunnyside Country Club --May 25, 1991 at 1600 Olympic Drive Application for Massage Technician Permit Larry Lavenz, 411 Vinton Street (employed by YMCA) Application for Massage Business YMCA of Black Hawk County, 669 S. Hackett Road Motion carried. BONDS 97377 - Moved by Angel, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through May 6, 1991, be received, placed on file and report and bonds approved. Motion carried. May 6, 1991 Page 7 ORAL PRESENTATIONS 97378 - Shirley Koslowski, 816 Archer Avenue, thanked the Mayor and Council for the opportunity to attend the Iowa Governor's Pre -White House Conference on Library and Information Services. She also lauded the work of Dave VanDee, City Planner, as an excellent delegate to the conference as well as Bev Lind, Director of the Waterloo Public Library, as a member of the Steering Committee. She added that the conference was a great opportunity and thanked both participants for their involvement. John Bedard, Jr., 924 Mulberry Street, asked if there were any plans for draining Lafayette Park. Due to the recent heavy rains, the park is virtually unusable. Don Temeyer, Planning and Development Director, stated that as a part of the Rath Redevelopment Program, the city is investigating the possibility of draining the area and making the park more useable. Tim Schmitz, representing Porky's Red Carpet Supper Club, asked whether temporary detour signs would be placed on Willow or Beech Streets in conjunction with the reconstruction of Newell Street. The Mayor noted that city policy has been that the Council would approve temporary placement of detour signs on city right-of-way at the expense of the requestor. Sam Hopkins, 48 East Parker Street, asked whether the city had made any changes to its ordinance that would ban various animals within the city limits. The Council instructed the City Attorney's office to prepare an ordinance for Council review that would ban animals such as ducks and geese. The owner of property south of the John Deere Waterloo Works and affected by the Relocated U.S. 218 Project requested a meeting with city officials concerning the purchase of his property. Bob Stevenson, City Planner, stated that city staff is now ready to proceed with the acquisition of property in the vicinity. Dan Ross, representing the Black Hawk County Corn Producers, asked that the city consider the use and promotion of ethanol, a corn product, for city vehicles. He also encouraged the city's participation in a special conference at Hawkeye Institute of Technology on May 22, 1991 concerning the use of ethanol. Moved by Fox, seconded by Wright that the above oral comments be received, placed on file and the Council adjourn at 7:40 p.m. Motion carried. Larry P. Burger City Clerk/Auditor