HomeMy WebLinkAbout04/01/91April 1, 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 April 1, 1991. Mayor Bernard L. McKinley in
the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown.
Invocation by: Councilperson Rose Angel
Pledge of Allegiance: Community Development Administrator Jim Lindsey
97210 - Moved by Buck, seconded by Wright
that the Agenda, as amended, for the Regular Session on April 1, 1991, at 7:00
p.m., and the Minutes of the Regular Session on March 25, 1991, at 7:00 p.m.,
be accepted and approved. Motion carried.
97211 - Fred Stewart, Principal of Central Intermediate School, thanked Police Officer
Tim Pilack for his outstanding service to Central Intermediate School in
presenting the D.A.R.E. Program (Drug Abuse Resistance Education). In
appreciation of his effort, over 100 volunteers and 900 attendees are sharing
with the City of Waterloo profit from a chili supper totaling $1,200.
Crystal McCarty, a student at Central Intermediate School, thanked Officer
Pilack for his training and asked that the proceeds be used for the D.A.R.E.
Program.
Police Chief Bernal Koehrsen indicated that donations to the D.A.R.E. Program
now total $5,000. He also announced that the D.A.R.E. Program is the official
charity of the Fourth Street Cruise. The McElroy Trust has also donated
$10,000 to the program.
Mayor McKinley stated that the D.A.R.E. Program has received excellent response
in the community and the monetary contributions reflect well on the officers
and the job they are performing.
HEARINGS
97212 - Moved by Wright, seconded by Angel
that proof of publication of notice of public hearing on request of Douglas
and Doris Conley and Calvin Brown to vacate, sell and convey the unimproved
alley adjoining the rear of property at 631 Linden Avenue, as published in the
Waterloo Courier on March 19, 1991, be received and placed on file. Motion
carried.
97213 - 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 Commiss ,n be received and placed on file. Motion
carried.
97214 - Moved by Fox, seconded by Dell
that "an Ordinance vacating the unimproved alley adjoining the rear of property
at 631 Linden Avenue", be received, placed on file, considered and passed for
the first time. Ayes: Seven. Motion carried.
97215 - Moved by Dell, seconded by Buck
that rules requiring ordinances to be considered and voted for passage at two
prior meetings, be suspended. Ayes: Seven. Motion carried.
97216 - Moved by Angel, seconded by Wright
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.
April 1, 1991 Page 2
Hearings - continued
97217 - Moved by Budak, seconded by Brown
that "an Ordinance vacating the unimproved alley adjoining the rear of property
at 631 Linden Avenue", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3778.
97218 - Moved by Buck, seconded by Dell
that "Resolution authorizing sale and conveyance of the unimproved alley
adjoining the rear of property at 631 Linden Avenue to Douglas and Doris Conley
and Calvin Brown", be adopted and City Attorney instructed to prepare and
deliver a deed accordingly. Ay: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-165.
UNFINISHED BUSINESS
97219 - Moved by Fox, seconded by Dell
that communication from Associate City Engineer transmitting recommendation of
award of contract to Allied Construction Company, Inc. of Waterloo, Iowa, in
the amount of $2,159,673.71 for the F.Y. 1991 North Elk Run Road Improvements,
Contract No. 389, be received, placed on file and "Resolution awarding said
contract", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-166.
97220 - Moved by Fox, seconded by Dell
that communication from the Director of the Waterloo Housing Authority
transmitting recommendation of award of contract to Blackhawk Automatic
Sprinklers, Inc. of Waterloo, Iowa, in the amount of $48,900.00 for the
Ridgeway Towers Fire Protection Project be received, placed on file and
"Resolution awarding said contract", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-167.
PETITIONS FROM PUBLIC
97221 - Moved by Brown, seconded by Buck
that communication from City Planner transmitting site plan request of Venture
Store to be generally located on the west side of Crossroads Boulevard and
north of Flammang Drive, be received, placed on file and "Resolution setting
date of hearing as April 15, 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 assigned No. 1991-168.
97222 - Moved by Brown, seconded by Buck
that communication from City Planner transmitting request of Powers
Manufacturing Company to rezone from "M-2" Heavy Industrial District to "M-1"
Light Industrial District property generally located in the seventeen block
area of the 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 April 22, 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 assigned No. 1991-169.
April 1, 1991
Unfinished Business - continued
97223 - Moved by Brown, seconded by Buck
Page 3
that communication from City Engineer transmitting request of Lawrence Mether
for temporary concrete driveway to be located at 645 Wyoming Street, together
with recommendation of approval, be received, placed on file and "Resolution
approving said request", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-170.
97224 - Moved by Brown, seconded by Buck
that communication from City Engineer transmitting request of Kathleen Keefer
for a temporary concrete driveway to be located at 641 Wyoming Street, together
with recommendation of approval, be received, placed on file and "Resolution
approving said request", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-171.
97225 - The Mayor announced that the time had arrived for discussion on the request of
Russ Tidwell to forgive special sewer assessments for 809-811 East Fourth
Street.
Russ Tidwell asked that the City Council consider forgiveness of the special
sewer assessments for property located at 809-811 East Fourth Street. He
explained that he and his wife operate the facility which is used for youth
recreation. He reported that a contract has been recorded indicating that they
are the contract purchasers.
Discussion was heard concerning the accumulation of taxes against the property
by former owners and that by forgiving these taxes, the city is in effect
helping the former owners instead of the Tidwells.
Larry P. Burger, City Clerk/Auditor, stated that the City of Waterloo can only
act on the annual specials which is for a sewer assessment. The water kill in
the amount of $798.30 has been referred to the Waterloo Water Works Board of
Trustees for action. It was the recommendation of the Clerk/Auditor that the
City of Waterloo forgive the special (sewer) assessment in the amount of
$535.41, subject to the Board of Supervisors forgiving the real estate taxes.
Police Chief Bernal Koehrsen indicated his support of the project because it
provides at -risk youth with recreational opportunities.
Moved by Brown, seconded by Buck
that communication from Clerk/Auditor transmitting request of Russ Tidwell for
city to forgive special sewer assessments in the amount of $535.41 for property
located at 809-811 East Fourth Street, be received, placed on file and
"Resolution approving said request, subject to forgiveness by the Black Hawk
County Board of Supervisors of all delinquent property taxes now levied against
said property", be adopted and Clerk/Auditor instructed to notify Black Hawk
County Treasurer of said forgiveness. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-172.
DOCUMENTS
97226 - Moved by Buck, seconded by Wright
that communication from Fire Chief transmitting 28E Agreement with City of Elk
Run Heights for fire protection, together with recommendation of approval, be
received, placed on file and "Resolution approving said agreement", be adopted
and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-173.
April 1, 1991 Page 4
Documents - continued
97227 - Moved by Buck, seconded by Wright
that communication from Planning and Development Director transmitting revised
28E Agreement with Black Hawk County for the F.Y. 1991 North Elk Run Road
Improvements, Contract No. 389, together with recommendation of approval, be
received, placed on file and "Resolution approving said agreement", be adopted
and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-174.
97228 - Moved by Buck, seconded by Wright
that communication from Transportation Program Manager transmitting
Supplemental Agreement No. 6 for Design Engineering Services with Brice,
Petrides -Donohue for Sixth Street Extension, IX -6604(2)--79-07, together with
recommendation of approval, be received, placed on file and "Resolution
approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to
execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-175.
97229 - Moved by Buck, seconded by Wright
that communication from City Engineer transmitting Contracts, Bonds and
Certificates of Insurance from Aspro, Inc. and Subsidiaries of Waterloo, Iowa
in the amount of $346,108.00 for the F.Y. 1990 Rehabilitation Paving Program,
Contract No. 353, be received, placed on file and "Resolution approving said
documents", be adopted and Mayor and Clerk/Auditor authorized to execute same.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-176.
97230 - Moved by Buck, seconded by Wright
that communication from City Engineer transmitting Contracts, Bonds and
Certificates of Insurance from Hauptly Construction and Equipment Co., Inc. of
Dunkerton, Iowa in the amount of $60,969.31 for the F.Y. 1991 Sidewalk Repair
Assessment Program - Zone 2, Contract No. 399, be received, placed on file and
"Resolution approving said documents", be adopted and Mayor and Clerk/Auditor
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-177.
97231 - Moved by Buck, seconded by Wright
that communication from City Engineer transmitting Contracts, Bonds and
Certificates of Insurance from Cedar Valley Corporation of Waterloo, Iowa in
the amount of $1,667,460.10 for the F.Y. 1991 Street Reconstruction Program,
Contract No. 400, be received, placed on file and "Resolution approving said
documents", be adopted and Mayor and Clerk/Auditor authorized to execute same.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-178.
97232 - Moved by Buck, seconded by Wright
that communication from City Engineer transmitting Contracts, Bonds and
Certificates of Insurance from Hauptly Construction and Equipment Co., Inc. in
the amount of $32,582.53 for the F.Y. 1991 Sidewalk Repair Program - Zone 3,
Contract No. 407, be received, placed on file and "Resolution approving said
documents", be adopted and Mayor and Clerk/Auditor authorized to execute same.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-179.
•
April 1, 1991
Documents - continued
97233 - Moved by Buck, seconded by Wright
Page 5
that communication from Police Chief transmitting a grant application for a
Multi -Jurisdictional Drug Task Force, together with recommendation of approval,
be received, placed on file and "Resolution approving said grant application",
be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-180.
RESOLUTIONS TO BE ADOPTED
97234 - Moved by Wright, seconded by Brown
that "Resolution approving Operating Budget Revision No. 1 for Fiscal Year 1991
for Ridgeway Towers Apartments at 225 W. Ridgeway Avenue acting as Public
Housing Authority of the City of Waterloo, Iowa", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-181.
97235 - The Mayor announced that the time had arrived for discussion on fee increases
for permits issued by the City Engineering Department.
Councilperson Angel questioned whether these permit increases would pertain to
a property owner doing minor repairs to his/her sidewalk.
Eric Thorson, City Engineer, stated it would apply to any repairs. During
city's implementation of the sidewalk repair program, the bond requirement
home owners who do their own repairs was dropped, but the license fee was
waived.
Moved by Wright, seconded by Brown
that "Resolution approving fee increases for building moving,
the
for
not
driveway,
sidewalk, excavation and excavation permits", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-182.
ORDINANCE TO BE ADOPTED
97236 - Moved by Angel, seconded by Fox
that "an Ordinance amending the 1988 Traffic Code by repealing Subsection (33)
Burton Avenue of Section 551, Parking Prohibited At All Times on Certain
Streets; and by enacting in lieu thereof a new Subsection (33) Burton Avenue to
Section 551, Parking Prohibited at All Times on Certain Streets (changing the
parking from the east side to the west side of Burton Avenue between Virginia
and Walker Streets)", be received, placed on file, considered and passed for
the second time. Ayes: Seven. Motion carried.
97237 - Moved by Budak, seconded by Dell
that rules requiring ordinances to be considered and voted for passage at two
prior meetings, be suspended. Ayes: Seven. Motion carried.
97238 - Moved by Dell, seconded by Fox
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.
April 1, 1991 Page 6
Ordinances to be Adopted - continued
97239 - Moved by Fox, seconded by Wright
that "an Ordinance amending the 1988 Traffic Code by repealing Subsection (33)
Burton Avenue of Section 551, Parking Prohibited At All Times on Certain
Streets; and by enacting in lieu thereof a new Subsection (33) Burton Avenue to
Section 551, Parking Prohibited at All Times on Certain Streets (changing the
parking from the east side to the west side of Burton Avenue between Virginia
and Walker Streets)", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3779.
BILLS PAYMENT
97240 - Moved by Angel, seconded by Brown
that "Resolution approving Schedule A918, pp. 1-42, in the amount of
$129,687.34, dated April 1, 1991, copies of which are on file in the
Clerk/Auditor's Office", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-183.
NEW BUSINESS
97241 - Moved by Brown, seconded by Dell
to instruct Public Works Director to prepare plans, specifications form of
contract, etc., for Sludge Disposal Services, be received, placed on file and
approved. Motion carried.
97242 - Moved by Brown, seconded by Dell
that plans, specifications, form of contract, etc., for Sludge Disposal
Services, be received, placed on file and "Resolution preliminarily approving
the same", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-184.
97243 - Moved by Brown, seconded by Dell
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc., and taking of bids as April 22, 1991, at 7:00 p.m. in the City
Hall Council Chambers on the above project", be adopted and Clerk/Auditor
instructed to publish notice of hearing accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-185.
97244 - Moved by Brown, seconded by Dell
that communication from Transportation Program Manager transmitting
recommendation of appointment of Lynette Hartman to the position of Secretary
for the Transportation Department, be received, placed on file and approved.
Motion carried.
97245 - Moved by Brown, seconded by Dell
that communication from Mayor Bernie McKinley transmitting recommendation of
appointment of Shirley Koslowski to the Cablevision Commission, with term
expiration of December 1, 1993, be received, placed on file and approved.
Motion carried.
97246 - Moved by Brown, seconded by Dell
that communication from Street Superintendent transmitting recommendation of
appointment of Mack Culp, Daniel VanEe, Steve Rice and Dotty Ross to the
position of Equipment Operator I for the Street Department, effective April 2,
1991, be received, placed on file and approved. Motion carried.
April 1, 1991 Page 7
Travel Requests
97247 - 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. Larry Johnson, Police Sergeant, and Steve Frost, Randy Chapman, and Dave
Taylor, Police Officers, to attend Police K-9 Work Dog Retraining and
Recertification in Lincoln, Nebraska, on March 20-23, 1991, with costs not
to exceed $1,200.00, including the use of city vehicle.
2. Sue Taylor and Steven Bagenstos, Police Investigators, to attend Child
Abuse and Exploitation Investigative Techniques Training Program in Omaha,
Nebraska, on June 10-14, 1991, with costs not to exceed $490.00, including
the use of city vehicle.
3. Bob Donels, Senior Planner, to attend Effective Zoning Administration
Techniques in Madison, Wisconsin, on May 1-3, 1991, with costs not to
exceed $369.00, including the use of city vehicle.
4. Louis Cutwright, Jr., Building Official, to attend Council of American
Building Officials Certified Building Official Exam in St. Louis,
Missouri, on May 4, 1991, with costs not to exceed $355.00, including the
use of city vehicle.
5. Larry P. Burger, Clerk/Auditor, to attend Iowa Municipal Finance Officers
52nd Annual Meeting in Des Moines, Iowa, on April 17-19, 1991, with costs
not to exceed $255.00.
Motion carried.
MISCELLANEOUS
97248 - 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 and cigarette license permits be received,
placed on file and approved:
1. Beer License Permit Application
Class C
Jim Lind Standard, 230 E. Ridgeway (Renewal) (Expires 4/6/92) (Includes
Sunday Sales)
JJ's Family Mart, 3535 Marigold (Renewal) (Expires 4/20/92) (Includes
Sunday Sales)
2. Beer/Wine License Permit Application
Class E
Clute's Highland Mkt. Inc., 909 Independence Avenue (Renewal) (Expires
4/4/92) (Includes Sunday Sales)
3. Liquor License Permit Application
Class A
Sunnyside Country Club, 1600 Olympic Drive (Renewal) (Expires 4/14/92)
(Includes Sunday Sales)
Cigarette Permit Application
Two (2)
Motion carried.
BONDS
97249 - Moved by Angel, seconded by Wright
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through April 1, 1991, be received, placed on file and report and
bonds approved. Motion carried.
April 1, 1991 Page 8
ADJOURNMENT
97250 - Moved by Buck, seconded by Wright
that the City Council adjourn at 7:45 p.m. Motion carried.
Larry P. Burger
City Clerk/Auditor