HomeMy WebLinkAbout05/12/1986May 12, 1986
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 12, 1986. Mayor McKinley in
the Chair. Roll call: Budak, Seeber, Lichty, Wright, Angel, Dowie and Miller.
Invocation by: Dr. Jerry Kramer, St. Andrew's United Presbyterian Church.
Pledge of Allegiance by: Dennis and Ronald Johnson, Troop 106.
89155 - Moved by Miller, seconded by Dowie
that the Agenda, as amended for the Regular Session of May 12, 1986 at 7:00 p.m.,
be accepted and approved.
Motion carried.
89156 - Moved by Miller, seconded by Angel
that the Minutes of the Regular Session held May 5, 1986, at 7:00 p.m., be
approved.
Motion carried.
HEARINGS
89157 - Moved by Wright, seconded by Miller
that proof of publication of notice of public hearing on the issuance of not to
exceed 51,400,000 Sewer Revenue Bonds, as published in the Waterloo Courier on
April 25, 1986 be received and placed on file.
Motion carried.
89158 - HOLD HEARING --This being the tirne and place for public hearing the Mayor called for
written and oral objections and there were none.
Larry P. Burger, Clerk/Auditor, responded to a question by Councilperson Lichty by
indicating that at this time, a sewer increase is not anticipated with the sale of
these bonds.
Moved by Miller, seconded by Dowie
that "Resolution authorizing the issuance of not to exceed $1,400,000 Sewer Revenue
Bonds and instituting proceedings to take additional action", be adopted. Ayes:
Seven
Resolution adopted and upon approval by Mayor assigned No. 1986-254.
89159 - Moved by Miller, seconded by Lichty
that proof of publication of notice of public hearing to vacate a portion of Easton
Avenue lying between easterly right-of-way line of Washington Street (Relocated
Highway 218/I-380) and the westerly right -of way line of Texas Street as extended
northward, as published In the Waterloo Courier on May 6, 1986 be received and
placed on file.
Motion carried.
89160 HOLD HEARING --This being the time and place for public hearing the Mayor called for
written and oral objections and there were none.
Moved by Seeber, seconded by Wright
that "Ordinance vacating a portion of Easton Avenue lying between easterly
right-of-way line of Washington Street (Relocated Highway 218/I-380) and the
westerly right-of-way line of Texas Street as extended northward", be received,
placed on file, considered ,ani—passed for the first time. Ayes: Seven.
Motion carried.
May 12, 1986 Page Two
HEARINGS CONTINUED
89161 - Moved by Budak, seconded by Lich
that rules requiring ordinances
meetings, be suspended, and
considered and passed for the
adoption. Ayes: Seven.
Motion carried.
89 52 Moved by Miller, seconded by Dowie
that "Ordinance vacating a pn
right-of-way line of 'Washingh
westerly right-of-way line _ici
Ayes: Seven.
considered and voted for passage at two prior
below ordinance be recorded as having been
d and third times and now placed on its final
of Easton Avenue lying between easterly
street (Relocated Highway 218/I-380) and the
Street as .extended northward",. be adopted.
Ordinance adopted and upon apprc✓"1 by Mayor assigned No. 3432.
89153 - Moved by Seeber, seconded 4irinht
that proof of publication of notice of public hearing
property to David J. Hershbercer generally located north
of I-380, as published in the erloo Courier on May
placed on file.
Motion carried.
to sell and convey real
of Easton Avenue and east
6, 1986 be received and
89164 - HOLD HEARING --This being the ti e and place for public hearing the Mayor called for
written and oral objections and there were none.
Moved by Wright, seconded by Seb'per
that 'Resolution authorizing Sole and conveyance of above property to
Hershberger in the amount of 850,000", be adopted. Ayes: 'Seven.
Resolution adopted and upon
royal by Mayor assigned No. 1986-255.
29165 - Moved by Miller, seconded by Angel
David J.
that proof of publication of notice of public hearing on proposed plans, form of
contract and estimate of cost for the West Fourth Street Project No.
1:X-6587(6)--79-07, as publish- 10 the Waterloo Courier on May 2, 1986 be received
and placed on file.
Motion carried.
dDi56 - HCLM HEARING --This bPinq place for public hearing the Mayor called for
written and oral objectiri were none.
Mo ,;_.i by Miller, seconded bv
that "Resolution authorizing 1_ '_coda Department of Transportation to proceed with
pro,iect", be adopted. Ayes:
Resolution adopted and upon app,-cval, by Mayor assigned No. 1986-256.
ORAL PRESENTATIONS
39157 - foorny Smith, student at a eenm, ;r School, was awarded a plaque by Mayor Bernie
MoXinley for her winning entry In a contest sponsored by the Cedar Valley Economic
Action Committee. Students in the elementary Waterloo and Cedar Falls Schools were
asked to submit an essay on "What Business Means to Me." Tammy's essay was read by
Mayor McKinley. Tammy was congratulated along with her Teacher, Mrs. Virginia
Shimpach.
Mayor McKinley also presented to Council members a new brochure about Waterloo.
Gene Geiger also asked whether or
establishments, particularly
who buys and sells guns as
Pr1.ice Chief Roger Shook
1 oisl"ated by the Federal
City Ordinance. it was spegosh.
the City's pawnshop ordinance.
not the City Clerk had researched why certain
s Hardware, are not required to keep a log of
aired of pawnbrokers. Mr. Geiger was told by
Burger, Clerk/Auditor, that gun laws are
and that their requirements sup'erse'de that of
at a work session be held by the Council on
May 12, 1986 Page Three
ORAL PRESENTATIONS CONTINUED
:RP167 - Fi
Cont.,
co-_
Chief, Gerald Olson, th
•q his tenure as Chief:
gyration. Mayor McKinley e
of service.
Mrs. Nike Baker, 1300 Byron Aver;
appointment to fill the vacn.
allowed to not pay his properLv
he oCns in the City of Water
d that he would be
Mayor McKinley
Stapella regardino
was willing to cooperate ,d
possible.
Council person Wright stated Y-,_
public auction on Saturday, . r
de.bolition list. She suggesSeu
that. will be put up for sale.
Mo ve: by Miller, seconded by `:'...
at rhe above remarks he e_,,<.
carried.
:Ei.':ONS FROM PUBLIC
- Movec. by Miller, seconded by
t :onmunication from City E
302 ^ 111 Avenue, for tempora
recommendation of approval
"Reuel_tion approving said
P_-r_;lution adopted and upon
X59 - Moved by Miller, seconded by lin
that communication fran Waterl:J'r Downtown Council requesting removal of Courtesy
Parking .on West Fourth Strut Frain Jefferson Street to Washington Street, be
received, placed on file, approved and City Attorney instructed to prepare an
ordinance accordingly.
Mayor and Council for the years of support
so thanked former administrations for their
his appreciation to the Chief for his many
ue, asked why Stan Stapella, the Mayor's
_ated by the retirement of Chief Olson, was
She stated that many of the properties that
delinquent and dilapidated. Mr. Stapella
-lk about this issue with anyone who was
he was aware of the situation and had talked
.axes. The Mayor indicated that Mr. Stapella
..y .and bring_ the items up tocode..._as soon as
of the properties that will be put up for
025, are houses that are listed on the City's
the City consider reviewing the properties
n' placed on file.
transmitting request of Arnold A. Deich, Jr.,
trete driveway on Summit Avenue, together with
Engineer, be received, placed on file and
oe adopted. Ayes: Seven.
by Mayor assigned No. 1986-257.
Motion carried.
15.70 - Moved by Miller, seconded by
that communication from .'. :. Youth Boxing Club transmitting first year
operational costs in the e '7,000, together with recommendation of Mayor
McKinley to form a Committee aw said proposal be received, placed on file
and recommendation approved.
Moticarried.
D BUSINESS
The action of the Board of
Reber Avenue was brought t
May 5, 1985 Council Meeting
appeared under the oral prese
Meetings Law, no action can he
Agenda. At that meeting the
its granting of a variance at
that Council meeting, Councilpa
Adjustment met to discuss the �i
was polled as to whether or not
whether or not they would pene
residents had been given
action unless new evidence was
of April 22, 1986 granting a variance at 600
;or for discussion. It was stated that at the
was taken by the Council for an item that
o section of the Agenda. Under the Iowa Open
by the Council unless the item appears on the
Heil asked the Board of Adjustment to reconsider
?e'ser Avenue. Mayor McKinley reported that since
rsons Lichty and Seeber and members of the Board of
tern, In addition, each Board of Adjustment member
they felt a fair hearing had been held and secondly
dsi,.ier their action. All members stated that the
hearing and that they would not reconsider their
� r:es.=.nted.
Sound iperson Seeber -expres-s=r--
pcwers and duties of the Boar 1
anything.
".rustration, with the State Law concerning the
stment but that the City is unable to do
Ma;. 12, 1986 Page Four
,DISHED BUSINESS CONTII
9171 - Dar one Jarosh, 633 Reber
(cont.) action. She asked the City;
the Reber Street area.
Hugh Field, City Attorney,
review whether or not the ro
former use (meat market).
use was not more intensive:
The City Attorney advised
to the District Court on 9
next Council Meeting Ager:d__.
Moved by Lichty, seconded h
that on the Council Agenda
taking to Iowa District Court�t
1985 (Case No. 289 --variance at
Motion carried.
REPC',RTS
39172 - Moveo by Miller, seconded n;
tanac report from Mayor ,..
received, placed on file a
Motion carried.
39173 - Mova0 by ,Miller, seconded
thau the Human Rights Co mi31..
;Mi ms of Aprii 22, 1986:
Ccide Minutes of April 30, ' L
Mot ion carried.
39174 - M, ai by Miller, seconded b,
that the City Auditor's State
t:or's Balance - April I,
s - Property Tax
es - Federal & State
- Other
- Transfers
s Payable
311s
snsfers
.Lor's Balance - April
its Outstanding
surer's Balance - Abri
ri ed.
9175 - MQ3 Seeber, seconded r.
that communication from
Contract with the Trustees
and 'Resolution approving
autncrized to execute same.
R__ul .tion adopted and upon
the Board of Adjustment to reconsider its
assisting she and the taxpayers who reside in
the Board of Adjustment's only action was to
auto parts store was more intense than the
-:ion of the Board of Adjustment was that the
the use is allowed to move into the area.
Council wished to consider taking this item
neighbors, this item should be' placed on the
`maav 19, 1986, the Council give consideration to
decision of the Board of Adjustment of April 22,
5.0.1,_ber Avenue). Ayes: Six. Nays: Dowie.
u,;ntown parking during "My Waterloo Days" be
of April 3, 1986; Civil Service Commission
1 of Appeals and Examiners of the Electrical
ived and placed on file.
ril, 1986, be received and placed on file:
$38,174,789.36
4,372,817.52
715,983.43
1,661,355.46
860,287.89
3,827,783.52
1,377,734.35
860,287.89
$39,719,427.90
974,443.94
$40,693,871.84
ty Attorney transmitting Fire Protection
erloo Township, be received, placed on file
:t", be adopted and Mayor and Clerk/Auditor
en.
Mayor assigned No. 1986-258.
y 12, 1986
RESOLUTIONS TO BE ADOPTED
21176 - Pr -_d guidelines for beer
was pointed out that the
guidelines. Based on these
amend page 2, paragraph ; tb
be accessible from the license::
Moven by Budak, seconded by
thdr
Ave --
'Resolution approving
Seven.
Resolution adopted and upon
39177 - Jim Lawrence, President of
the continuation of this
Director, stated that the Chan
the City and the Iowa DepartRe
corridor. The Chamber has 'bei:
since they are unfamiliar wit,
0
Page Five
re brought to the floor for discussion. It
ad met earlier in the day to review the
:ions, it was the consensus of the Council to
follows: "Beer gardens/outdoor cafes shall
s which it adjoins."
for beer gardens", be adopted and amended.
1 by Mayor assigned No. 1986-259.
loo Chamber of Commerce, spoke in support of
Don Temeyer, Planning and Development
Commerce has been able to act as an agent for
ransportation relocating businesses within the
:ularly successful in assisting small business
location process.
Gene Geiger asked why he 'r__ _.
business. Jim Wilson, reps
Mr. Geiger could work out a
Moved by Seeber, seconded by
that. "Resolution approvinn JR_
for Highway Relocation Pros ,_
Resolution adopted and upon ie.
29178 - Moved by Seeber, seconded by
that "'Resolution accepting aria
property to the City a
AF--Lockard Development, In,.
Seven.
Resolution adopted and upon
29179 - Moved by Seeber, seconded by
that "Resolution approvinn
Improvement District (SSND)
Commercial Street", be adigp
Treasurer of same. Ayes:
Resolution adopted and upon a,
BILLS PAYMENT
89180 - Move's by Dowie, seconded by
that Mills, Resolution Sched..,:
in to sum of $1,107,972.20
592,204.25 (p. 1-6) both dater:
Resolution adopted and upon
given assistance in the relocation of his
Chamber of Commerce, indicated that he and
es.
ticipation with Waterloo Chamber of Commerce
iopted. Ayes: Seven.
,: Mayor assigned No. 1986-260.
nq certain acquisition contracts to sell real
and approving certain deeds (Parcel No.
Hackett Road Bypass", be adopted. Ayes:
Mayor assigned No. 1986-261.
Nation of certain Self -Supported Municipal
property located at West Fourth Street and
Clerk/Auditor instructed to notify County
no Mayor assigned No. 1986-262.
3 which includesSchedule of Bills payable
and Schedule of Bills payable in the sum of
1986", be adopted. Ayes: Seven.
by Mayor assigned No. 1986-263.
May 12, 1986 Page Six
BILLS PAYMENT CONTINUED
89181 - Moved by Dowie, seconded by Miller
that "Resolution approving the following pay estimates for amounts
shown together with recommendation of approval:
San Marnan Drive Reconstruction, Phase II, Project No. IX -6498(3)--79-07
Pay estimate No. 1 from Allied Construction Company, Inc. in the amount of
S41,519.84.
West Fourth Street (Shaulis Road to Hoff Road), Project No. IX -6583(1)--79-04
Pay estimate No. 1 from Cedar Valley Corporation in the amount of $97,331.09.
Fifth & Sixth Street Reconstruction, Project No. IX -6653(3)--79-07
Pay estimate No. 2 from Cedar Valley Corporation in the amount of $15,064.00.
Hoff Road Reconstruction, Project No. IX -6587(4)--79-07
Pay estimate No. 1 from Cedar Valley Corporation in the amount of 54,128.13.
Hackett Road Bypass, Project No. IX -6585(4)--79-07
Pay estimate No. 5 from Henkle Construction Company in the amount of S26,121.68
Wagner Road, Project No. IX -6585(1)--79-07
Pay estimate No. 1 from Holland Brothers Construction in the amount of
$153,561.36.
FY 85 Intercity Interceptor, Stage V, 5th & 6th Street Crossing, Contract 282
Pay estimate No. 7 from Peterson Contractors in the amount of $122,971.80.
Dysart Road - Phase II from Shaulis Road to Orange Road, IX -6691(1)--79-07
Pay estimate No. 7 from Robinson Engineering Company in the amount of $873.60.
San Marnan, Phase II, (Penneys Drive to Ansborough), IX -6498(3)--79-07
Pay estimate No. 1 from Waterloo Water Works in the amount of $2,324.06.
Intercity Interceptor, Stage IV, Highway 63 Pumping Station Storage Units,
Contract No. 255
Pay estimate No. 9 from Youngblut Contracting, Inc. in the amount of
584,300.15", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-264.
89182 - Moved by Dowie, seconded by Miller
that "Resolution approving the following statements for amounts shown together with
recommendation of approval:
Fifth & Sixth Street Corridor from Kimball Avenue to Vicinity of Newell Street
Final from Brice, Petrides/Donohue in the amount of $60,000.00.
FY 86 Nevada Street Pump Station & Ponding Area, Contract No. 289
Statement from.Brice, Petrides/Donohue in the amount of $16,960.00.
Wagner Road, Project No. IX -6589(2)--79-07
Statement from Carpenter Plumbing in the amount of $4,162.66.
Greenhill Road Construction --Progress & Sager Avenues --appraisal fees
Statement from City of Cedar Falls in the amount of $90.00.
Independence Avenue (from Sixth Street to Idaho Street), IX -6600(1)--79-07
Invoice No. 5 from Claassen Engineering & Surveying, Inc. in the amount of
$23,913.60.
Hoff Road, Phase III (West Fourth Street to Shaulis Road), IX -6587(4)--79-07
Invoice No. 1 from Robinson Engineering Company in the amount of $4,234.53.
Kimball Avenue (Ridgeway Avenue to West Fourth Street, Phase II), Project No.
IX -6641(2)--79-07
Invoice No. 7 frau Schenk Engineering Company in the amount of $2,205.41", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-265.
May 12, 1986 Page Seven
NEW BUSINESS
89183 - Moved by Miller, seconded by Angel
to instruct City Engineer to prepare plans, specifications, etc. for the FY 1987
University Intersections Pavement Repair, Contract No. 304, be received and placed
on file.
Motion carried.
89184 - Moved by Miller, seconded by Angel
that plans, specifications, etc. for the FY 1987 University Intersections Pavement
Repair, Contract No. 304, be received, placed on file and "Resolution preliminarily
approving same", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-256.
89185 - Moved by Miller, seconded by Angel
that "Resolution setting date of hearing and taking of bids as June 2, 1986, at
7:00 p.m. in the City Hall Council Chambers on the FY 1987 University Intersections
Pavement Repair, Contract No. 304", be adopted and Clerk/Auditor instructed to
publish notice of hearing accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-267.
29186 - Moved by Miller, seconded by Angel
that plats, schedules of assessments, etc. for the FY 1987 Oiling Program, Contract
No. 294, be received, placed on file and "Resolution preliminarily adopting
preliminary plat and schedule of assessments, etc.", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-2.58.
89187 - Moved by Miller, seconded by Angel
that "Resolution setting date of hearing as June 2, 1986, at 7:00 p.m. in the City
Hall Council Chambers on the FY 1987 Oiling Program, Contract No. 2.94", be adopted
and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1986-269.
89188 - Councilperson Wright expressed her desire for a woman or black appointment to the
Airport Commission.
Moved by Miller, seconded by Angel
that communication from Mayor McKinley transmitting recommendation of appointment
of Mert Townsend to Airport Commission, be received, placed on file and approved.
Ayes: Six. Nays: Wright.
Motion carried.
89189 - Moved by Dowie, seconded by Seeber
that communication from Civil Service Commission transmitting the certification
list for Fire Chief, be received and placed on file.
Motion carried.
89190 - Mayor McKinley brought to the floor his appointment of Stan Stapella to the
position of Fire Chief. The Mayor stated that he had participated in the Civil
Service oral interview panels and scored each candidate independently with Mr.
Stapella scoring highest. He also stated that Mr. Stapella has had a good record
with the Fire Department and that he was appointing him based on his
qualifications. Councilperson Seeber stated that he did not have any problem with
appointing Mr. Stapella to the position but was disappointed that the Council did
not have any say in his appointment. Councilperson Miller expressed that the Mayor
had not given consideration to Council input in his decision. No further action
was taken on this item.
May 12, 1986
89190 - Moved by Miller, seconded by Lichty
(cont.)
Page Eight
that the following requests for travel with expenses not to exceed amounts shown,
be received, placed on file and approved:
Travel Requests
Don Baruth, Police Lieutenant, to attend Civil Liability for Police
Administrators School, Northwestern University Traffic Institute, Evanston,
Illinois, June 3-5, 1986; cost not to exceed 5557.00, plus use of City vehicle.
Motion carried.
MISCELLANEOUS
89191 - Moved by Seeber, seconded by Lichty
that the following applications for Beer and Liquor Licenses he received, placed on
file, approved and endorsed applications forwarded to the Iowa Beer and Liquor
Control Department and the Cigarette Permit, and Scavenger Licenses be approved and
that Taxicab Licenses he tabled for One (1) week.
Beer and Liquor License Application
Class C
Paulie's Place, 814 LaPorte Road (Renewal) (Expires 5/15/87) plus Sunday sales
Cigarette Permit
Joyce Rublack dha Happy Hocker, 2243 Independence Avenue
Scavenger Licenses
A-1 Toilet Rental, 515 Trail Avenue
Aten Septic Tank & Sewer Service, 515 Trail
Crown Sewer Service, 1325 S. Elk Run Road
Taxicab Licenses (tabled for one (1) week)
Yellow Cab Co-operative, 117 E. 11th Street
Motion carried.
BONDS
89192 - Moved by Miller, seconded by Lichty
that the report of City Attorney and list of bonds filed with Clerk through
May 12, 1986, be received, placed on file and report and bonds approved.
Motion carried.
89193 - Assistant City Attorney Bill Sueppel stated that the Executive Session was
authorized under Iowa Code Section 21A.5(c).
Moved by Seeber, seconded by Dowie
that the Council adjourn to Executive Session. Ayes: Seven.
Motion carried.
EXECUTIVE SESSION
89194 - Moved by Dowie, seconded by Budak
that the Council adjourn Executive Session.
Motion carried.
89195 - Moved by Dowie, seconded by Angel
to instruct the City Attorney to proceed with action regarding the issue between
the City of Waterloo and Iowa Northern Railroad.
Motion carried.
89196 - Moved by Dowie, seconded by Wright
that the Council adjourn.
Motion carried.
Larry P. Burger
City Clerk/Auditor