HomeMy WebLinkAbout06/15/1992June 15, 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 June 15, 1992. Mayor Albert C. Manning, Jr.,
in the Chair. Roll Call: Fox, Angel, Buck, Wright, Budak, Lemke. Absent: Dell.
Invocation by: Councilperson Willie Mae Wright
Pledge of Allegiance: Councilperson Dave Buck
Mayor Manning presented an Employee Recognition Award to Robert Cutsforth for his 30 years
of service to the City.
99503 - Moved by Buck, seconded by Budak
that the Agenda, as proposed, for the Regular Session on Monday, June 15, 1992, at
7:00 p.m., and the Minutes of the Regular Session on Monday, June 8, 1992, at 7:00
p.m., be accepted and approved. Motion carried.
UNFINISHED BUSINESS
99504 - Moved by Angel, seconded by Fox
to receive, file. and instruct Clerk/Auditor to open and read bids for F.Y. 1992
Street Reconstruction Program - 2, Contract No. 430, and refer to City Engineer for
review and recommendation (see CR 99545 for award of bid):
Bidder
Base Bid Base Bid
+ Alt A + Alt B
Bid Bond (Asphalt) (Concrete)
Langman Construction, Rock Island, IL 5% No Bid $2,849,184.00
Aspro, Inc. & Subsidiaries, Waterloo, IA 5% $2,326,872.08 No Bid
Cedar Valley Corp., Waterloo, IA 5% No Bid $2,263,575.82
Youngblut Contracting, Washburn, IA 5% No Bid $2,264,510.63
Motion carried.
PETITIONS FROM PUBLIC
99505 - Moved by Budak, seconded by Angel
that communication from City Planner transmitting request of Quik Trip, Inc. to
vacate, sell and convey a portion of excess right-of-way generally located along
the northerly side of the East San Marnan Drive frontage road, east of Kimball
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 6, 1992 at 7:00 p.m. in the City Hall Council Chambers on above
described request", be adopted and Clerk/Auditor instructed to publish notice of
hearing of same. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-319.
99506 - Moved by Budak, seconded by Angel
that communication from City Planner transmitting request of RC Management to
vacate the 50 foot greenbelt easement generally located along the east side of the
Carriage Hill Apartments, 312 Cataract Drive, together with recommendation of
denial of the Planning, Programming'and Zoning Commission, be received, placed on
file and "Resolution setting date of hearing as July 6, 1992 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: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-320.
June 15, 1992
Petitions from Public - continued
99507 - Moved by Budak, seconded by Angel
Page 2
that communication from City Planner transmitting request of Young Investment
Company to vacate a portion of the sidewalk generally located along the easterly
side of Mullan Avenue, north of Commercial Street, 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 6, 1992 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: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-321.
99508 - Moved by Budak, seconded by Angel
that communication from City Planner transmitting request of Alvin Neisen to vacate
the sidewalk generally located along the easterly side of Wyoming Street just north
of Lafayette Street, 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 6, 1992 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: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-322.
99509 - Moved by Budak, seconded by Angel
that communication from City Planner transmitting request to vacate a portion of
Bluff Street generally located between West Eleventh and West Twelfth Streets and
to sell and convey a 25 foot portion of vacated right-of-way to Lorraine Barron
Layman (Standard Battery & Electric Company), 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 6, 1992 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: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-323.
99510 - Moved by Budak, seconded by Angel
that communication from City Planner transmitting request to vacate a portion of
Bluff Street generally located between West Tenth and West Eleventh Streets and to
sell and convey a 25 foot portion of vacated right-of-way to Ronald Weber, 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 6, 1992
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: Six.
Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-324.
99511 - Moved by Budak, seconded by Angel
that communication from City Planner transmitting request of Ronald Weber to sell
property adjoining Bluff Street for $4,300.00, 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 6, 1992 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: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-325.
June 15, 1992
Petitions from Public - continued
99512 - Moved by Budak, seconded by Angel
Page 3
that communication from City Planner transmitting request of Raymond Mayes and
Ralph Schultz to vacate a portion of the sidewalk along the westerly side of West
Eighth Street north of Commercial Street, together with recommendation of the
Planning, Programming and Zoning Commission to vacate only the northerly 65 feet
of the request, be received, placed on file and "Resolution setting date of hearing
as July 6, 1992 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: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-326.
REPORTS
99513 - Moved by Buck, seconded by Wright
that the Report from the Waterloo Housing Authority Ridgeway Towers and Section 8
Waterloo Housing Certificate Program --May 1992, be received and placed on file.
Motion carried. .
DOCUMENTS
995.- Moved by Buck, seconded by Wright
that communication from Transportation Program Manager transmitting Certification
of Completion and Final Acceptance of Agreement Work from Brice, Petrides -Donohue
Company, together with recommendation of approval, in conjunction with Ansborough
Avenue North, IX -6615(7)--79-07, be received, placed on file and "Resolution
approving said document", be adopted and Mayor authorized to execute same. Ayes:
Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-327.
99515 - Moved by Buck, seconded by Wright
that communication from Assistant City Engineer transmitting Completion Report and
Recommendation of Acceptance of Work performed by Prairie Construction in
conjunction with Exterior Renovation of Five Sullivan Brothers Convention Center,
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. 1992-328.
99516 - Moved by Buck, seconded by Wright
that communication from AssistantCityEngineer transmitting Maintenance Bond from
Prairie Construction in conjunction with Exterior Renovation of Five Sullivan
Brothers Convention Center, be received, placed on file and approved. Motion
carried.
99517 - Moved by Buck, seconded by Wright
that communication from Transportation Program Manager transmitting Indemnity
Agreement with the City of Hudson for repairs to Eldora Road in conjunction with
Shaulis Road Reconstruction, M-6470(5)--81-07, be received, placed on file and
"Resolution approving said agreement", be adopted and Mayor authorized to execute
same. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-329.
99518 - Moved by Buck, seconded by Wright
that communication from Insurance Coordinator transmitting renewal agreement with
Blue Cross Blue Shield for health and life insurance, together with recommendation
of approval, be received, placed on file and "Resolution approving said agreement",
be adopted. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-330.
June 15, 1992
Documents - continued
99519 - Moved by Buck, seconded by Wright
Page 4
that communication from Insurance Coordinator transmitting renewal agreement with
Heritage National Healthplan, together with recommendation of approval, be
received, placed on file and "Resolution approving said agreement", be adopted.
Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-331.
99520 - Moved by Buck, seconded by Wright
that communication from Insurance Coordinator transmitting renewal agreement with
Principal Financial Group for life insurance and long term disability insurance,
together with recommendation of approval, be received, placed on file and
"Resolution approving said agreement", be adopted. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-332.
RESOLUTIONS TO BE ADOPTED
99521 - Moved by Fox, seconded by Buck
that "Resolution accepting and approving Quit Claim Deed from Black Hawk County for
property located at 1428 Washington Street", be adopted. Ayes: Six. Absent:
Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-333.
99522 - Moved by Fox, seconded by Buck
that "Resolution designating private street extending southerly from Crestwood
Drive and curving to the east and north to serve Bertch Cabinet Mfg. Inc. to be
known as Kenter Lane for location purposes", be adopted. Ayes: Six. Absent:
Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-334.
99523 - Moved by Fox, seconded by Buck
that "Resolution setting date of hearing as July 6, 1992 at 7:00 p.m. in the City
Hall Council Chambers on sale of excess right-of-way generally located at the
southeasterly corner of Vinton Street and Independence Avenue to Mary S. Theroith
for $170.00 in conjunction with Independence Avenue Reconstruction", be adopted and
Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-335.
99524 - Moved by Fox, seconded by Buck
that "Resolution transferring from the Trust and Agency Fund the sum of $53,064.69
to the General Fund", be adopted. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-336.
99525 - Moved by Fox, seconded by Buck
that "Resolution transferring from the Tax Increment Financing Fund the sum of
$6,155.98 to the Debt Service Fund", be adopted. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-337.
99526 - Moved by Fox, seconded by Buck
that "Resolution transferring from the East Park Assessment District the sum of
$169,259.25 to the Debt Service Fund", be adopted. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-338.
June 15, 1992
Resolutions to be Adopted - continued
99527 - Moved by Fox, seconded by Buck
Page 5
that "Resolution consolidating the City Police Pension Funds by transferring
$23,171.00 from Police Annuity Reserve Fund and $12,332.23 from Police Retirement
Expense Fund to the City Police Retirement Accumulation Fund", be adopted. Ayes:
Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-339.
99528 - Moved by Fox, seconded by Buck
that "Resolution consolidating the City Fire Pension Funds by transferring
$3,679.00 from Fire Annuity Reserve Fund and $5,840.86 from Fire Retirement Expense
Fund to the City Fire Retirement Fund", be adopted. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-340.
99529 - Moved by Fox, seconded by Buck
that "Resolution.transferring from the Road Use Tax Fund the sum of $382,941.00 to
the General Fund", be adopted. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-341.
99530 - Moved by Fox, seconded by Buck
that "Resolution transferring from the Solid Waste Fund the sum of $155,297.00 to
the General Fund", be adopted. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-342.
99531 Moved by Fox, seconded by Buck
that "Resolution transferring from the Sewer Rental Fund the sum of $155,297.00 to
the General Fund", be adopted. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-343.
99532 - Moved by Fox, seconded by Buck
that "Resolution transferring from the Motor Vehicle Parking Fund the sum of
$46,059.00 to the General Fund", be adopted. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-344.
99533 - Moved by Fox, seconded by Buck
that "Resolution transferring from the Sewer Rental Fund the sum of $50,962.00 to
the Road Use Tax Fund", be adopted. Ayes:" Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-345.
99534 - Moved by Fox, seconded by Buck
that "Resolution transferring from'the Solid Waste Fund the sum of $76,443.00 to
the Road Use Tax Fund", be adopted. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-346.
99535 - Moved by Fox, seconded by Buck
that "Resolution transferring from the Motor Vehicle Parking Fund the sum of
$8,494.00 to the Road Use Tax Fund", be adopted. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-347.
June 15, 1992 Page 6
Resolutions to be Adopted - continued
99536 - Moved by Fox, seconded by Buck
that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo
Housing Authority, approving Section 8 Housing Voucher Consolidated Annual
Contributions Contract IA05-V050-016, a replacement funding contract to replace
expired Project No. IA05-V050-004", be adopted. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-348.
99537 - Moved by Fox, seconded by Buck
that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo
Housing Authority, amending the Administrative Plan and Admission Policy for the
Waterloo Section 8 Housing Programs, IA05-E050-001/9 and IA05-V050-006/16", be
adopted. Ayes: Six. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-349.
ORDINANCES TO BE ADOPTED
99538 - Moved by Buck, seconded by Wright
that "an Ordinance renumbering Subsection (8) of Subsection (a) Defective Sidewalk
of Section 33-71, Definitions, of Division 3, Sidewalk Inspection and Repair, of
Chapter 33, Streets and Sidewalks, of the 1988 Code of Ordinances of the City of
Waterloo, Iowa, as Subsection (9) thereof; and adding new Subsection (8) to
Subsection (a) Defective Sidewalk of Section 33-71, Definitions, of Division 3,
Sidewalk Inspection and Repair, of Chapter 33, Streets and Sidewalks, of the 1988
Code of Ordinances of the City of Waterloo, Iowa", be received, placed on file,
considered and passed for the first time.
Prior to a vote on the above motion, the following discussion was heard.
Eric Thorson, City Engineer, stated that the change in the ordinance was a
clarification the Council had requested the previous week. The clarification
speaks to the horizontal and vertical separation that is equal to 3/4 inch or more
where the sidewalk abuts the curb, or any other fixture and structure and the
separation is deemed unsafe. Thorson continued that the availability of mudjacking
a sidewalk to bring it level would be a part of the policy and should not appear
in the ordinance.
Ayes: Four. Abstain: Fox. Nays: Lemke. Absent: Dell. Motion carried.
BILLS PAYMENT
99539 - Moved by Angel, seconded by Wright
that "Resolution approving Schedule A918, pp. 1-51, dated June 15, 1992, in the
amount of $1.772,977.75, copies of which are on file in the Clerk/Auditor Office",
be adopted. Ayes: Five. Abstain: Buck. Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-350.
NEW BUSINESS
99540 - Moved by Lemke, seconded by Fox
that communication from Mayor Al Manning transmitting recommendation of appointment
of Essie Johnson to the MET Transit Authority, with term expiration of July 1,
1994, be received, placed on file and approved. Motion carried.
99541 - Moved by Fox, seconded by Budak
that communication from Public Works Director transmitting proposal for Sanitation
Department Improvement Team consulting/training with Hawkeye Institute of
Technology, be received, placed on file and approved.
June 15, 1992
Page 7
New Business - continued
Prior to a vote, John Meyer, Public Works Director, explained the use of the
garbage, refuse, and yard waste collection operation as the first initial
department in the City to implementTotal Quality Management. Meyer stated that it
would cost approximately $3,000 in overtime to train the volunteers from the
Sanitation Department, approximately $1,000 for the consultant from Hawkeye
Institute of Technology, for a total cost of approximately $4,000. Meyer
recommended that the Council approve said proposal and authorize him to proceed
with said implementation.
Motion carried.
Travel Requests
99542 - Moved by Budak, seconded by Wright
that the following travel request, with expenses not to exceed amount shown, be
received, placed on file and approved:
1. R. Bruce Arends, Police Sergeant, to attend Crime Scene Technology School in
Evanston, Illinois on November 16-20, 1992, with costs not to exceed $1,150.00,
including the use of city vehicle.
Motion carried.
MISCELLANEOUS
99543 - Moved by Budak, seconded by Wright
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 firework display and application for
extension of going out of business sale be received, placed on file and approved:
1. Beer License Permit Application
Class C
Virg's Foods, 1761 Independence Avenue (Renewal) (Expires 7/29/93) (Includes
Sunday Sales)
2. Beer & Liquor License Permit Application
Class C
Mandarin Cafe, 510 Mulberry Street (Renewal) (Expires 6/30/93) (Includes Sunday
Sales)
Half Pint, 1831 Independence Avenue (Renewal) (Expires 6/29/93) (Includes
Sunday Sales)
3. Beer & Liquor License Permit Application
Special Class C
Granny Annies, Waterloo Airport (New) (Expires 7/19/93) (Includes Sunday Sales)
4. Beer/Liquor License Permit Application
Class A
Fraternal Order of Eagles #764, 202 East First Street (Renewal) (Expires
6/30/93) (Includes Sunday Sales)
5. Liquor License Permit Applicatibn
Class E
Hy -Vee, 2052 Logan Avenue (Renewal) (Expires 7/11/93) (Includes Sunday Sales)
Application for Fireworks Display
Sunnyside Country Club, 1600 Olympic Drive, on July 4, 1992
Extension of Going Out of Business Sale
Smith's Jewelry, Inc., 104 East 4th Street (30 days --July 31, 1992)
Motion carried.
June 15, 1992
BONDS
99544 - Moved by Wright, seconded by Budak
Page 8
that the report of the City Attorney and list of bonds filed with the Clerk/Auditor
through June 15, 1992, be received, placed on file and report and bonds approved.
Motion carried.
99545 - Moved by Buck, seconded by Wright
that "Resolution authorizing award of contract to Cedar Valley Corporation of
Waterloo, Iowa, in the amount of $2,263,575.82 for F.Y. 1992 Street Reconstruction
- No. 2, Contract No. 430", be adopted (see CR 99504 for bid opening). Ayes: Six.
Absent: Dell.
Resolution adopted and upon approval by Mayor assigned No. 1992-351.
ORAL PRESENTATIONS
99546 - Carol Ennega, 608 Power Street, questioned the Council on the procedure that is
followed for weed complaints.
Public Works Director John Meyer explained the weed complaint procedure and how
the Public Works Department handles those complaints.
Ms. Ennega questioned a letter she received on May 27, 1992 in which a weed
assessment was assessed to her property on the corner of East Eighth and Sycamore
Streets. She stated that Councilperson Wright observed that the lot had been mowed
and that the assessment was not accurate.
Councilperson Wright stated that she had observed the lot and that if the timing
was correct, it had been mowed. John Meyer will work with Carol Ennega to resolve
this issue.
Carol Ennega stated that there was some confusion over a culvert and a ditch on her
property on Hawthorne Street in the Riverview Addition. John Meyer will meet with
Ms. Ennega to resolve this issue.
Elaine Jacquith, 810 Cornwall Avenue, asked that the Council consider the
reappointment of Cable Commission members when the terms expire. Ms. Jacquith
stated that the Cable Commission was acting in the form of censorship regarding her
cable television show, "Tell It Like It Is." Jacquith read a letter she presented
to the Council stating the same.
Councilperson Angel stated that not all of the Cable Commission members had been
against her and her comments.
Moved by Buck, seconded by Wright
that the above oral comments be received, placed on file and the Council adjourn
at 8:00 p.m. Motion carried.
Larry P. Burger
City Clerk/Auditor