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HomeMy WebLinkAbout10/28/1985October 28, 1985 The Council of the City of Waterloo, Council Chambers, Waterloo, Iowa at 7: the Chair. Roll call: Wright, Seeber, and Getty. Iowa, met in Regular Session at City Hall 00 p.m. on October 28, 1985. Mayor Bowers in Lichty, Penaluna, Klinger. Absent: Dowie Invocation by Seeber. 88271 - Moved by Klinger, seconded by Wright that the Agenda, as amended for the Regular Session of October 28, 1985 at 7:00 p.m., be accepted and approved. Motion carried. 88272 - Moved by Seeber, seconded by Lichty that the Minutes of the Regular Session held October 21, 1985, at 7:00 p.m., be approved. Motion carried. HEARINGS 88273 - Moved by Klinger, seconded by Lichty that proof of publication of notice of public hearing on issuance of not to exceed $75,000 Industrial Development Revenue Bonds for Progressive Tool Company -1624 Black Hawk Street, as published in the Waterloo Courier on October 11, 1985 be received and placed on file. Motion carried. 88274 - HOLD HEARING --This being the time and place of hearing the Mayor called for written and oral objections and there were none. Moved by Seeber, seconded by Wright that "Resolution authorizing to proceed with the issuance of not to exceed $75,000 Industrial Development Revenue Bonds for Progressive Tool Company, 1624 Black Hawk Street", be adopted. Ayes: Five. Absent Dowie and Getty. Resolution adopted and upon approval by Mayor assigned No. 1985-618. 88275 - Moved by Wright, seconded by Seeber that proof of publication of notice of public $180,000 Industrial Development Revenue Bonds Street, as published in the Waterloo Courier placed on file. Motion carried. hearing on issuance of not to exceed for Walden Photo Inc. -227-229 W. 4th on October 11, 1985, be received and 88276 - 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 Klinger, seconded by Seeber that "Resolution authorizing to proceed with the issuance of not to exceed $180,000 Industrial Development Revenue Bonds for Walden Photo Inc. -227-229 W. 4th Street", be adopted. Ayes: Five. Absent: Dowie and Getty. Resolution adopted and upon approval by Mayor assigned No. 1985-619. October 28, 1985 Page Two HEARINGS CONTINUED 88277 - Moved by Penaluna, seconded by Klinger that proof of publication of notice of public hearing on sale of a portion of vacated alley located between Ansborough Avenue and Home Park Blvd., to John Deere Community Credit Union, as published in the Waterloo Courier on October 18, 1985, be received and placed on file. Motion carried. 88278 - 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 Seeber, seconded by Wright that "Resolution authorizing sale and conveyance of a portion of vacated alley located between Ansborough Avenue and Home Park Blvd., to John Deere Community Credit Union", be adopted and City Attorney instructed to prepare deed accordingly. Ayes: Five. Absent: Dowie and Getty. Resolution adopted and upon approval by Mayor assigned No. 1985-620. 88279 - Moved by Seeber, seconded by Lichty that proof of publication of notice of public hearing to vacate and convey the easterly 17' of Allen Street between Pleasant Street and Williston Avenue, as published in the Waterloo Courier on October 22, 1985, be received and placed on file. Motion carried. 88280 - 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 "an Ordinance vacating the easterly 17' of Allen Street between Pleasant Street and Williston Avenue", be received, filed, considered and passed for the first time. Ayes: Five. Absent: Ibwie and Getty. Motion carried. The Mayor called for oral comments and there were none. PETITIONS FROM PUBLIC 88281 - Moved by Penaluna, seconded by Klinger that request of Richard L. and Joan Kafer Kerns to purchase vacated portion of Easton Avenue lying East of LaPorte Road and West of I-380, together with recommendation of approval of Planning, Programming and Zoning Commission be received, placed on file and "Resolution setting date of hearing as November 18, 1985 at 7:00 p.m., in the City Hall Council Chambers", be adopted and Clerk/Auditor instructed to publish notice accordingly. Ayes: Five. Absent: bowie and Getty. Resolution adopted and upon approval by Mayor assigned No. 1985-621. 88282 - Moved by Penaluna, seconded by Klinger that communication frau Planning, Programming and Zoning Commission transmitting request to dedicate a parcel of land 17' in width for street purposes located along Allen Street lying between Pleasant Street and Williston Avenue, together with recommendation of approval be received, placed on file, approved, and "Resolution approving said dedication", be adopted. Ayes: Five. Absent: Dawie and Getty. Resolution adopted and upon approval by Mayor assigned No. 1985-622. ANN October 28, 1985 Page Three PETITIONS FROM PUBLIC CONTINUED 88283 - Moved by Penaluna, seconded by Klinger that communication frau City Engineer transmitting the request of Terry L. Elfritz, 555 McShane Avenue for temporary concrete driveway together with recommendation of approval be received, placed on file and 'Resolution approving said request", be adopted. Ayes: Five. Absent: bowie and Getty. Resolution adopted and upon approval by Mayor assigned No. 1985-623. 88284 - Fred Richman, 3065 Shirey Way, objected to the illegal use at 471 North Hackett Road. The use consists of delivery of iron tubs used by John Deere and cut into scrap metal with the use of a torch. He objected to the use because of the hours of operation and the noise and occasional smell of smoke that it creates. He also reported that the area is in an "U-1" Unclassified Flood Plain Area. Due to Mr. Richman's medical problems he stated that this use adversely affects his health and asked that the Council take action to cease its operation. Bob Stevenson, City Planner, reported that such a use requires review by the Planning Commission and the filing of an application for a special permit. Mayor Bowers recommended to the Council that Mr. Soper be allowed to operate until November 18, 1985 when the Planning Commission will meet and review the request. Ken Lockard, owner of the property at 471 North Hackett Road, reported that the original use of this sight was for a construction yard. He was unaware of the special permit requirement of the City. They are willing to make the necessary changes to comply with the ordinance requirements. Ron Soper, operator, stated that he was willing to work with Mr. Richman to address the problems that he had discussed earlier. Councilperson Klinger stated that the City should adopt a policy relating to legal uses in the flood plain as well as an entire land use plan for the Sherwood Park Area. Moved by Penaluna, seconded by Lichty that the above comments be received, placed on file and that Mr. Soper be referred to the Planning Commission to obtain a Special Permit and that he be authorized to operate until November 18, 1985 (date that the Planning Commission will meet). Ayes: Five. Absent: Dowie and Getty. Motion carried. REPORTS 88285 - Moved by Wright, seconded by Seeber that the Minutes of the Waterloo Municipal Airport of October 8, 1985 be received and placed on file. Motion carried. 88286 - Moved by Wright, seconded by Seeber that the Minutes of the Waterloo Human Rights Commission of September 5, 1985 be received and placed on file. Motion carried. October 28, 1985 Page Four DOCUMENTS 88287 - Moved by Wright, seconded by Seeber that communication from Sign and Traffic Department transmitting recommendations on installation of "No Parking This Side" signs on N. Barclay Street, Anthony Street, and Olympic Drive, be received, placed on file, approved and City Attorney instructed to submit an ordinance accordingly. Motion carried. 88288 - Moved by Klinger, seconded by Penaluna that "Resolution approving Contract with Barbara Beving Long for consulting services for preparation of Waterloo Historical Site Survey Project", be adopted. Ayes: Five. Absent: bowie and Getty. Resolution adopted and upon approval by Mayor assigned No. 1985-624. RESOLUTIONS TO BE ADOPTED 88289 - Moved by Penaluna, seconded by Klinger that "Resolution approving temporary easement contract payment to various property owners in conjunction with the Hoff Road Project", be adopted. Ayes: Five. Absent: Getty and Dowie. Resolution adopted and upon approval by Mayor assigned No. 1985-625. 88290 - Moved by Penaluna, seconded by Klinger that "Resolution approving temporary easement contract payment, partial acquisition contract payment and accepting deed for property known as Parcel No. 2, 3 and 21 in conjunction with the Wagner Road Project (Glen Leland Estate Et Al, Jerald Sulky Company and United Concrete, Inc. respectively)", be adopted. Ayes: Five. Absent: Dawie and Getty. Resolution adopted and upon approval by Mayor assigned No. 1985-626. 88291 - Moved by Penaluna, seconded by Klinger that 'Resolution approving acquisition contract payment and accepting deeds for Parcel Nos. 20-S, 25-S, 26-S in conjunction with the W. 4th Street Reconstruction Contract", be adopted. Ayes: Five. Absent: bowie and Getty. Resolution adopted and upon approval by Mayor assigned No. 1985-627. 88292 - Moved by Penaluna, seconded by Klinger that "Resolution approving temporary easement contract payment for various parcels in conjunction with the W. 4th Street Reconstruction Project", be adopted. Ayes: Five. Absent: bowie and Getty. Resolution adopted and upon approval by Mayor assigned No. 1985-628. 88293 - Moved by Penaluna, seconded by Klinger that "Resolution approving acquisition contract payment and accepting deed for Parcel No. 2 from LeRoy C. Lathrop for the Burton Avenue Bridge Replacement", be adopted. Ayes: Five. Absent: bowie and Getty. Resolution adopted and upon approval by Mayor assigned No. 1985-629. 88294 - Moved by Penaluna, seconded by Klinger that "Resolution approving permanent easement contract payment for Parcel No. 29-S in conjunction with the W. 4th Street Reconstruction", be adopted. Ayes: Five. Absent: bowie and Getty. Resolution adopted and upon approval by Mayor assigned No. 1985-630. October 28, 1985 Page Five RESOLUTIONS TO BE ADOPTED CONTINUED 88295 - Moved by Penaluna, seconded by Klinger that "Resolution setting date of hearing as November 18, 1985, at 7:00 p.m. in the City Hall Council Chambers on the issuance of Special Assessment Bonds in the amount of $115,000 for Contract No. 256 and $36,000 for Contract No. 266", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Five. Absent: Dowie and Getty. Resolution adopted and upon approval by Mayor assigned No. 1985-631. 88296 - Moved by Penaluna, seconded by Klinger that "Resolution approving amendment to Section 8 Existing Annual Contributions Contract Housing Voucher Program, Project IA05-V050-001, Contract No. KC -9070V, Waterloo Housing Authority, Waterloo, Iowa", be adopted. Ayes: Five. Absent: Dowie and Getty. Resolution adopted and upon approval by Mayor assigned No. 1985-632. 88297 - Moved by Penaluna, seconded by Klinger that "Resolution approving Section 8 Existing Annual Contributions Contract KC -9070V, Housing Voucher Program, Project IA05-V050-002 and IA05-V050-003, Waterloo Housing Authority, Waterloo, Iowa", be adopted. Ayes: Five. Absent: Dowie and Getty. Resolution adopted and upon approval by Mayor assigned No. 1985-633. 88298 - Moved by Penaluna, seconded by Klinger that "Resolution establishing fee schedule for preparing copies of Traffic Accidents and Verification of Loss Reports", be adopted. Ayes: Five. Absent: Dowie and Getty. Resolution adopted and upon approval by Mayor assigned No. 1985-634. ORDINANCES TO BE ADOPTED 88299 - Moved by Seeber, seconded by Wright that "an Ordinance amending the Traffic Code by repealing Section 298, One -Hour Parking, and 299, Two -Hour Parking, and enacting in lieu thereof a new Section 298, One -Hour Parking and 299, 'Itao-Hour Parking", be received, placed on file, considered and passed for the third time. Ayes: Five. Absent: bowie and Getty. Motion carried. 88300 - Moved by Klinger, seconded by Seeber that "an Ordinance amending the Traffic Code by repealing Section 298, One -Hour Parking, and 299, Two -Hour Parking, and enacting in lieu thereof a new Section 298, One -Hour Parking and 299, Two -Hour Parking", be adopted. Ayes: Five. Absent: Davie and Getty. Ordinance adopted and upon approval by Mayor assigned No. 3411. October 28, 1985 Page Six BINS PAYMENT 88301 - Moved by Klinger, seconded by Penaluna that "Bills, Resolution Schedule A which includes Schedule of Bills payable in the sum of $1,198,031.01 (p. 1-21) and Schedule of Bills payable in the sum of $104,195.41 (p. 1-5) both dated October 28, 1985", be adopted. Ayes: Five. Absent: bowie and Getty. Resolution adopted and upon approval by Mayor assigned No. 1985-635. 88302 - Moved by Klinger, seconded by Seeber that "Resolution approving the following pay estimates for amounts shown together with recommendation of approval: Sixth Street Extension (from Kimball Avenue to Washington Street and from Franklin Street to Newell Street, (IX -6604(1)--78-07) Pay estimate No. 2 from Brice, Petrides and Assoc., Inc., in the amount of $10,487.07. Ansborough Avenue (San Marnan Drive to University Avenue) IX -6615(1)--79-07 Pay estimate No. 18 from Brice, Petrides and Assoc., Inc., in the amount of $15,941.03. Cleveland Street (from University Avenue to Rock Island Avenue) (IX -6627) Pay estimate No. 2 from Brice, Petrides and Assoc., Inc., in the amount of $12,411.16. F.Y. 1985 Maynard Avenue Paving & Incidentials (Letsch Road to Hackett Road By -Pass, Contract No. 270 Pay estimate No. 4 from Jensen Cary Shoff Consulting Engineers in the amount of $252.99. F.Y. 1985 Falls Avenue Trunk Sewer Intercity Interceptor Stage III, Contract No. 254 Pay estimate No. 6 from McAninch Corporation in the amount of $567.15. Sixth Street Bridge (IX -6653(1)--79-07), Contract No. 215 Pay estimate No. 27 from Shappart Engineering Company in the amount of $9,896.06", be adopted. Ayes: Four. Nays: Lichty. Absent: bowie and Getty. Resolution adopted and upon approval by Mayor assigned No. 1985-636. 88303 - Moved by Klinger, seconded by Seeber that "Resolution approving the following statements for amounts shown together with recommendation of approval: Ring Road Construction Invoice No. 1 from Brice, Petrides and Assoc., Inc., in the amount of $10,017.52. Kimball Avenue (Ridgeway Avenue to West Fourth Street), Phase II Invoice No. 1 from Schenk Engineering Company in the amount of $884.16", be adopted. Ayes: Five. Absent: D wie and Getty. Resolution adopted and upon approval by Mayor assigned No. 1985-637. October 28, 1985 Page Seven BILLS PAYMENT CONTINUED 88304 - Moved by Klinger, seconded by Seeber that communication frau City Engineer transmitting Certificate of Completion and Final Acceptance of Work for the F.Y. 1985 Falls Avenue Trunk Sewer, Intercity Interceptor, Stage III, Contract No. 254 be received, placed on file and "Resolution approving said document", be adopted. Ayes: Five. Absent: bowie and Getty. Resolution adopted and upon approval by Mayor assigned No. 1985-638. MISCELLANEOUS 88305 - Moved by Klinger, seconded by Seeber that the following applications for Beer and Liquor Licenses be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and that the travel request be approved: Beer and Liquor License - Class C Boot Hill Tap, 704 Cleveland (Renewal) (Expires 11/29/86) Z's Seven Seas Lounge, Inc., 3937 W. Airline, (Renewal) (Expires 11/1/86) Beer License - Class C Pony Express Convenience Store, 3535 Marigold, (Old location -new owner) (Expires 11/1/86) plus Sunday sales. Travel Request John Woods and Michael O'Connor, Training Instructors, to attend Horizontal Nystagmus Instructor's Seminar, Iowa City, Iowa, November 4, 1985 plus use of City vehicle. Motion carried. BONDS 88306 - Moved by Wright, seconded by Lichty that the report of City Attorney and list of bonds filed with Clerk through October 28, 1985, be received, placed on file and report and bonds approved. Motion carried. 88307 - W. David Tyler, City Attorney, reported that the purpose of the Executive Session was authorized under Iowa Code Section. Moved by Seeber, seconded by Klinger that the Council meet in Executive Session. Ayes: Five. Absent: bowie and Getty. Motion carried. EXECUTIVE SESSION 88308 - Moved by Seeber, seconded by Klinger to adjourn Executive Session. Motion carried. 88309 - Moved by Penaluna, seconded by Klinger that: 1. the City Attorney be authorized to file a motion for summary judgement. 2. the City Attorney be authorized to file a notice of appeal on the Karlene Piper ruling of the Civil Service Commission. 3. to receive, file and approve the clarification on health insurance for City employees as prepared by Larry Burger in a memo dated October 28, 1985. 4. accept the finding of the Waterloo Civil Service Commission on the Barb Coffin ruling. Ayes: Penaluna, Klinger. Nays: Wright. Absent: tbwie and Getty. Abstain: Seeber and Lichty (due to possible conflict of interest). Motion not carried. October 28, 1985 Page Eight 88310 - City Attorney, W. David Tyler recommended that the Council reconsider the action in the above motion concerning the health insurance for City employees. Moved by Seeber, seconded by Klinger that the recommendation of the Clerk/Auditor on the clarification of health insurance for City employees in a memo dated October 28, 1985 be received, placed on file and approved. Ayes: Wright, Seeber, Klinger, Penaluna. Absent: Dowie and Getty. Abstain: Lichty. Motion carried. 88311 - Moved by Penaluna, seconded by Lichty that the Council adjourn. Motion carried. Larry P. Burger, Clerk/Auditor