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HomeMy WebLinkAbout11/02/92November 2, 1992 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 Monday, November 2, 1992. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Dell, Fox, Angel, Wright, Budak, Lemke. Absent: Buck. Invocation by: Mayor Al Manning Pledge of Allegiance: Troop 17 --Joe Bolick, Kyle Langenberg, and Kevin Puetz. 100167 - Moved by Fox, seconded by Wright that the Agenda, as proposed, for the Regular Session on Monday, November 2, 1992, at 7:00 p.m., and the Minutes of the Regular Session on Monday, October 26, 1992, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS 100168 - Moved by Buck, seconded by Dell that proof of publication of notice of public hearing on request of Vinton Jones on sale and conveyance of excess right of way generally located along the west side of Ansborough Avenue, south and adjacent to the Pronto Convenience Store, and midway between Ridgeway Avenue and 4th Street for $2,000.00, plus costs, as published in the Waterloo Courier on October 26, 1992, be received and placed on file. Motion carried. 100169 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Bob Stevenson, City Planner, stated that a letter of objection was received from Jack Humphreys, Gilbralter Investments, Inc., requesting that they be given an opportunity to bid on said property. Based upon this recommendation, it was the staff's recommendation to deny the bid of Vinton Jones and set a new date of hearing. Mr. Stevenson stated that when notifying adjacent property owners, the owner of record at the Black Hawk County Treasurer's office was not the individual now responsible, and he did not notify Mr. Humphreys, the current owner. Vinton Jones, 1111 Cornwall Avenue, stated that he had submitted his bid in good faith. Since the records used by City staff to notify adjacent property owners was an official public record, said notification was adequate to all adjacent property owners. Mayor Manning stated that the purpose of the hearing was to hear objections for and against the request. Jim Walsh, City Attorney, stated that the Council was free to reject any and all bids. Accepting the $2,000 bid, in his estimation, may not be in the best interest of the City if a higher bid exists. Tim Benetti, Acquisition Agent, stated that in reviewing an access agreement for the property in question, the name Jack Humphreys appeared in the agreement which precipitated his initial contact with Mr. Humphreys. This conversation revealed that the proper party had not been notified when notices were originally sent. City Attorney Jim Walsh stated that the City should proceed with the rebidding of said property notifying adjacent property owners. Vinton Jones stated that this was unfair to him as a bidder and objected to the rebidding of said property. Moved by Angel, seconded by Buck that the hearing be closed and the recommendation of denial of the Transportation Department, letter of objection from Jack Humphreys and oral comments be received and placed on file. Motion carried. 100170 - Moved by Budak, seconded by Angel that the bid be rejected and the Clerk/Auditor be instructed to publish a new date of hearing for sealed bids. (See minutes of November 9, 1992 for new date of hearing.) Motion carried. November 2, 1992 Hearings - continued 100171 - Moved by Angel, seconded by Wright Page 2 that proof of publication of notice of public hearing on request of Allen and Dorothy McNamee to vacate the portion of the 25 foot platted building line along the easterly side of 1809 Coachman Drive occupied by an existing 24' x 24' garage, as published in the Waterloo Courier on October 26, 1992, be received and placed on file. Motion carried. 100172 - 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 Wright that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 100173 - Moved by Dell, seconded by Fox that "an Ordinance vacating the portion of the 25 foot platted building line along the easterly side of 1809 Coachman Drive occupied by an existing 24' x 24' garage", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. 100174 - Moved by Fox, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Buck. Motion carried. 100175 - 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. 100176 - Moved by Angel, seconded by Budak that "an Ordinance vacating the portion of the 25 foot platted building line along the easterly side of 1809 Coachman Drive occupied by an existing 24' x 24' garage", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3896. PETITIONS FROM PUBLIC 100177 - Moved by Fox, seconded by Dell that communication from City Engineer transmitting request of John J. Jorgensen for a temporary concrete driveway to be located at 3963 Airline Highway West, 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 assigned No. 1992-617. DOCUMENTS 100178 - Moved by Fox, seconded by Dell that Change Order No. 1 for a net increase of $45,440.76 for work to be performed by Fagen, Inc. in conjunction with F.Y. 1992 Industrial Wastewater Pretreatment Facilities, Contract No. 435, be received, placed on file and approved and Mayor authorized to execute same. Motion carried. 100179 - Moved by Fox, seconded by Dell that communication from City Engineer transmitting Completion Report and Recommendation of Acceptance of Work performed by Rampart Corporation in conjunction with F.Y. 1991 Gram Court Sanitary Sewer, Contract No. 405, be received, placed on file and "Resolution approving said document", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted ,aQ:1 upon approval by Mayor assignaANo. 1992-618. November 2, 1992 Documents - continued 100180 - Moved by Fox, seconded by Dell Page 3 that communication from City Engineer transmitting Maintenance Bond from Rampart Corporation in conjunction with F.Y. 1991 Gram Court Sanitary Sewer, Contract No. 405, be received, placed on file and approved. Motion carried. 100181 - Moved by Fox, seconded by Dell that communication from Clerk/Auditor transmitting two-year occupancy agreement with Public Employees Credit Union to occupy space in the basement of City Hall for use as office space and use of first floor conference room for monthly board meetings, 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: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-619. RESOLUTIONS TO BE ADOPTED 100182 - Moved by Fox, seconded by Dell that "Resolution authorizing cancellation of special assessments for city -owned property acquired from Resolution Trust Corporation located at 925 Logan Avenue, 1620 Mulberry Street, 812 Logan Avenue, 332 Newell Street, 929 Randolph Street, and 315 Randall Street", be adopted and Clerk/Auditor instructed to notify Black Hawk County Treasurer of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-620. 100183 - Moved by Fox, seconded by Dell that "Resolution authorizing cancellation of special assessments in conjunction with F.Y. 1988 Oiling Program, Contract No. 327", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-621. ORDINANCE TO BE ADOPTED 100184 - Moved by Dell, seconded by Budak that "an Ordinance reducing the 60 foot platted building line to 20 feet for property generally located at the northwest corner of Progress Avenue and Crossway Drive --Ted Winninger", be received, placed on file, considered and passed for the third time. Ayes: Six. Absent: Buck. Motion carried. 100185 - Moved by Budak, seconded by Wright that "an Ordinance reducing the 60 foot platted building line to 20 feet for property generally located at the northwest corner of Progress Avenue and Crossway Drive --Ted Winninger", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3897. BILLS PAYMENT 100186 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-42, in the amount of $2,032,541.11, dated November 2, 1992, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Five. Abstain: Budak. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-622. November 2, 1992 NEW BUSINESS 100187 - Moved by Angel, seconded by Fox Page 4 that communication from Waterloo Water Works General Manager transmitting proposed budget for the Waterloo Water Works for calendar year 1993, together with recommendation of approval of the Board of Trustees, be received, placed on file and "Resolution setting date of hearing as November 16, 1992 at 7:00 p.m. in the City Hall Council Chambers", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-623. 100188 - Moved by Angel, seconded by Fox that communication from Mayor Al Manning transmitting recommendation of appointment of Dr. Augusta A. Clark to the Board of Adjustment, with term expiration of December 8, 1994, be received, placed on file and approved. Motion carried. 100189 - Moved by Angel, seconded by Fax to instruct Fire Chief to prepare plans, specifications, form of contract, etc. for asbestos removal at the Hazardous Material Regional Training Center, be received, placed on file and approved. Motion carried. 100190 - Moved by Angel, seconded by Fax that plans, specifications, form of contract, etc., for asbestos removal at the Hazardous Material Regional Training 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 assigned No. 1992-624. 100191 - Moved by Angel, seconded by Fax that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as November 16, 1992, 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: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned Na. 1992-625. 100192 - Moved by Angel, seconded by Fax to instruct Fire Chief to prepare plans, specifications, form of contract, etc. for grading at the Hazardous Material Regional Training Center, be received, placed on file and approved. Motion carried. 100193 - Moved by Angel, seconded by Fax that plans, specifications, form of contract, etc., for the grading at the Hazardous Material Regional Training 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 assigned No. 1992-626. 100194 - Moved by Angel, seconded by Fax that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as November 16, 1992, 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: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-627. November 2, 1992 New Business - continued 100195 - Moved by Angel, seconded by Fox Page 5 that communication from Waterloo Water Works transmitting request of Ella R. O'Neal to certify $1,150.00 for work performed by the Waterloo Water Works at 301 Douglas, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-628. 100196 - Moved by Angel, seconded by Fox that communication from Superintendent of Traffic Operations transmitting recommendation to install street lights at the intersection of North Elk Run Road and Newell Street and the intersection of North Elk Run Road and Remington Road, be received, placed on file and "Resolution approving installation of said street lights", be adopted and Clerk/Auditor instructed to notify Iowa Public Service of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-629. Travel Requests 100197 - Moved by Angel, seconded by Fox that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Sang -Ki Han, Assistant City Attorney, to attend annual Seminar for Iowa Municipal Attorneys Association in Des Moines, Iowa on November 13, 1992, with costs not to exceed $105.00. Motion carried. MISCELLANEOUS 100198 - Moved by Angel, seconded by Fox 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/Liquor License Permit Application Class C Buzz's Bar, 856 Rainbow Drive (Renewal) (Expires 11/30/93) (Includes Sunday Sales) 4th Street Station, 3251 West 4th Street (Renewal) (Expires 11/4/93) (Includes Sunday Sales) 2. Beer/Wine License Permit Application Class E Quik Trip, 1104 Washington (Renewal) (Expires 11/14/93) (Includes Sunday Sales) 3. Liquor License Permit Application Class E County Market, 1411 Flammang (Renewal) (Expires 10/30/93) (Includes Sunday Sales) Motion carried. BONDS 100199 - Moved by Wright, seconded by Angel that the report of City Attorney and list of bonds filed with the Clerk/Auditor through November 2, 1992, be received, placed on file and report and bonds approved. Motion carried. November 2, 1992 Page 6 ORAL PRESENTATIONS 100200 - Shirley Koslowski, representing the League of Women's Voters, urged all citizens to vote in tomorrow's election and to support the Equal Rights Amendment. Vinton Jones, owner of property at 1310 West Ridgeway Avenue, stated that with the reconstruction of West Ridgeway Avenue, the right-of-way was not properly graded or seeded. He asked that the City consider having the contractor redo said work. In response to a question from Mr. Jones, Bob Stevenson, City Planner, noted that Interstate Substitution projects require rights-of-way to be sodded. City reconstruction projects require only seeding, which is less costly. Mr. Stevenson pointed out that the Ridgeway project has been closed out for sometime, but he will review the situation. James Robison, 1555 Newell Street, asked that the City consider purchasing his mother's home at 121 Sumner Street. The Mayor asked that he present this offer in writing for consideration. In response to a question from Councilperson Dell, City staff indicated that there were no immediate plans to address the bottleneck at the intersection of East Fourth and Sumner Streets by widening either street. Moved by Budak, seconded by Wright that the above oral comments be received, placed on file and the Council adjourn at 7:46 p.m. Motion carried. Larry P. Burger City Clerk/Auditor