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HomeMy WebLinkAbout10/14/1985October 14, 1985 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 October 14, 1985. Mayor Pro -Tem Dowie in the Chair. Roll call: Wright, Dowie, Seeber, Getty, Lichty, Klinger. Absent: Penaluna. Invocation by Klinger. 88197 - Moved by Klinger, seconded by Seeber that the Agenda, as amended for the Regular Session of October 14, 1985, at 7:00 p.m., be accepted and approved. Motion carried. 88198 - Moved by Seeber, seconded by Wright that the Minutes of the Regular Session held October 7, 1985, at 7:00 p.m., be approved. Motion caried. HEARINGS 88199 - Moved by Klinger, seconded by Wright that proof of publication of notice of public hearing on Ordinance No. 2447, as revised, known as Advertising Signs, Chapter 3 by repealing and enacting various sections, as published in the Waterloo Courier on October 8, 1985, be received and placed on file. Motion carried. 88200 - HOLD HEARING --This being the time and place for public hearing the Mayor Pro -Tem called for written and oral objections and there were none. Bob Stevenson, City Planner, reported that the amendment deals with advertising on bus benches and will standardize the Zoning Ordinance and Advertising Signs on this matter. Moved by Getty, seconded by Klinger that "Ordinance amending Ordinance No. 2447, as revised, known as Advertising Signs, Chapter 3 by repealing and enacting various sections", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Penaluna. Motion carried. 88201 - Moved by Wright, seconded by Getty that proof of publication of notice of public hearing on disposal of property located at 2027 Independence Avenue -Blowers Creek Flood Control Project --Barbara and Richard Kafer, as published in the Waterloo Courier on September 30, 1985, be received and placed on file. Motion carried. 88202 - HOLD HEARING --This being the time and place for public hearing the Mayor Pro -Tem called for written and oral objections and there were none. Moved by Seeber, seconded by Wright that "Resolution authorizing sale and conveyance of property located at 2027 Independence Avenue -Blowers Creek Flood Control Project to Barbara and Richard Kafer", be adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1985-588. October 14, 1985 Page Two REPORTS 88203 - Moved by Klinger, seconded by Seeber that proof of publication of notice of public hearing on issuance of not to exceed $80,000 Industrial Development Revenue Bonds for Richard and Sharon Armfield Penn as published in the Waterloo Courier on September 27, 1985 be received and placed on file. Motion carried. 88204 - HOLD HEARING --This being the time and place for public hearing the Mayor Pro -Tem called for written and oral objections and there were none. Moved by Seeber, seconded by Wright that "Resolution determining to proceed with the issuance of not to exceed $80,000 Industrial Development Revenue Bonds --Richard and Sharon Armfield Penn", be adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1985-589. ORAL PRESENTATIONS 88205 - Jerry Puls, 2516 W. 9th Street, reported that he has been unable to obtain a building permit for the construction of a garage in the rear portion of his yard. A drainage easement located along the rear of his yard for Dry Run Creek overflow has prevented him from the construction. He asked that the Council take the appropriate action to allow him to construct the building prior to inclement weather. Bob Stevenson, City Planner, explained that the adoption of the flood plain management ordinance by the Council in June, 1985, does not allow for construction of accessory buildings in the flood plain. The 50' easement located within the Dry Run Creek area was obtained in 1968; however, over the years several garages have been permitted to be constructed over the easement. He asked that staff be given additional time to review the needs for an easement in this particular area. Moved by Getty, seconded by Seeber that the request of Jerry Puls, 2516 W. 9th Street to construct a garage in the rear portion of his yard be received, placed on file and referred to the Planning, Programming and Zoning Commission for review and recommendation. Ayes: Dowie, Seeber, Getty, Klinger. Nays: Wright, Lichty. Absent: Penaluna. Motion carried. PETITIONS FROM PUBLIC 88206 -Moved by Getty, seconded by Klinger that communication from Planning, Programming and Zoning Commission transmitting request of John Deere Community Credit Union, to purchase portion of vacated alley between Ansborough Avenue and Home Park Blvd., together with recommendation of approval, be received, placed file and 'Resolution setting date of hearing as October 28, 1985, at 7:00 p.m., in the City Hall Council Chambers on above described proposal", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor Pro -Ten assigned No. 1985-590. 88207 - Moved by Getty, seconded by Klinger that communication from City Engineer transmitting the request of Wesley Hogeland of Ridgeway Golf and Sports, Inc., 1850 West Ridgeway Avenue, for temporary concrete driveway together with recommendation of approval be received, placed on file and 'Resolution approving said request", be adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1985-591. October 14, 1985 Page Three REPORTS 88208 - Moved by Seeber, seconded by Wright that minutes from Community Development Board of September 10, 1985 be received and placed on file. Motion carried. 88209 -.Moved by Seeber, seconded by Wright that minutes of the Park Commission of September 18, 1985, be received and placed on file. Motion carried. 88210 -Moved by Seeber, seconded by Wright that minutes of the Waterloo Municipal Airport of September 27, 1985, be received and placed on file. Motion carried. 88211 - Moved by Seeber, seconded by Wright that City Auditor's Statement of September Auditor's Balance - September 1, 1985 Revenues - Property Tax Revenues - Federal & State Revenues - Other Revenues - Transfers Accounts Payable Payrolls Transfers Auditor's Balance - September 30, 1985 Warrants Outstanding Treasurer's Balance - September 30, 1985 Motion carried. 1985, be received and placed on file. $31,160,821.11 782,180.54 714,943.44 1,585,937.65 49,541.48 2,313,858.20 1,440,967.83 49,541.48 30,489,056.71 $ 935,046.64 $31,424,103.35 88212 Mayor Pro -Tem Dowie reported that the next item for Council consideration was the recommendation of the Finance Committee to purchase an aerial fire truck for the Fire Department. Fire Chief Olson orally reviewed this request. He stated that this purchase would replace one of two aerial trucks currently in service at the department. The oldest truck is a 1952 model and would be retired. Formal bids were solicited and approved by the Finance Committee. Moved by Seeber, seconded by Wright that the recommendation of the Finance Committee for the purchase of an aerial fire truck be received, placed on file and "Resolution authorizing said purchase", be adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1985-592. DOCUMENTS 88213 - Moved by Getty, seconded by Seeber that communication from City Engineer transmitting Change Orders Nos. 11 and 12 for F.Y. 1984 East Park Avenue Area Improvements, Contract No. 263, Project No. IX -6579-(1)--79-07 for a net increase of $3,506.16 from Cedar Valley Corporation, together with recommendation of approval be received, placed on file and approved and Mayor Pro -Tem and Clerk/Auditor instructed to execute same. Motion carried. October 14, 1985 Page Four DOCUMENTS CONTINUED 88214 - Moved by Getty, seconded by Seeber that communication from City Engineer transmitting Certificate of Completion and final acceptance of work for the F.Y. 1984 Fast Park Avenue Area Improvements, Contract No. 263 Project No. IX -6579-(1)--79-07, together with recommendation of approval be received, placed on file, and 'Resolution approving said document", be adopted. Aye: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1985-593. 88215 - Moved by Getty, seconded by Seeber that communication from City Engineer transmitting award of contract to Cedar Valley Corporation in the amount of $839,835.09 for the Fifth/Sixth Street Project No. IX -5563-(3)--79-07, together with recommendation of approval be received, placed on file, and "Resolution approving said award", be adopted and Mayor Pro -Tenn and Clerk/Auditor instructed to execute contract, bond, and certificate of insurance for said contract. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1985-594. RESOLUTIONS TO BE ADOFIED 88216 - Moved by Klinger, seconded by Getty that "Resolution transferring from the Airport General Fund the sum of $7,119.31 to the Debt Service Fund", be adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1985-595. 88217 - Moved by Klinger, seconded by Getty that "Resolution transferring from the Federal Revenue Sharing Fund the sum of $490,000.00 to the General Fund", be adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1985-596. 88218 - Moved by Klinger, seconded by Getty that "Resolution transferring from the Sewer Rental Fund the sum of $445,360.50 to the Debt Service Fund", be adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1985-597. 88219 - Moved by Klinger, seconded by Getty that "Resolution authorizing the acquisition of public officials liability and police assault and battery insurance coverage for the City of Waterloo", be adopted. Ayes: Five. Absent: Penaluna. Abstain: bowie (for reason of possible conflict of interest per Iowa Code Section). Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1985-598. ORDINANCES TO BE ADOPMD 88220 - Moved by Getty, seconded by Klinger 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 received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Penaluna. Motion carried. 88221 - Moved by Klinger, seconded by Wright that "amendments to Ordinance No. 2479, as amended, City Zoning Ordinance --Bus Stop Bench Regulation", be received, filed, considered and passed for the second time. Ayes: Six. Absent: Penaluna. Motion carried. October 14, 1985 Page Five ORDINANCES TO BE ADOPTED CONTINUED 88222 - Moved by Getty, seconded by Seeber that "Ordinance amending the Traffic Code by repealing Section 16, Reports Confidential without prejudice, and enacting in lieu thereof a new Section 16, Reports Confidential -without prejudice", be received, placed on file, passed and considered for the second time. Ayes: Six. Absent: Penaluna. Motion carried. BILLS PAYMENT 88223 - Moved by Getty, seconded by Seeber that 'Bills, Resolution Schedule A and B", be adopted. Ayes: Five. Absent: Penaluna. Abstain: Dawie. (for reason of possible conflict of interest per Iowa Code Section) Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1985-599. 88224 - Moved by Klinger, seconded by Getty that "Resolution approving the following pay estimates for amounts shown together with recommendation of approval: F.Y. 1985 Intercity Interceptor, Stage V, 5th and 6th Street Crossing Contract No. 282 Pay estimate No. 2 from Brice, Petrides and Assoc., in the amount of $27,048.89. F.Y. 1986 East Side Parking Ramp Repairs, Phase II, Contract No. 292 Pay estimate from Brice, Petrides and Assoc., in the amount of $5,000. F.Y. 1986 Railroad Runaround Track Iowa Northern Railway Company, Con. 291 Pay estimate from Brice, Petrides and Assoc., in the amount of $14,000. F.Y. East Side Parking Ramp Repairs, Contract No. 287 Pay estimate No. 2 from Cardinal Construction Company in the amount of $16,027.14. F.Y. 1986 Paving Program, Contract No. 288 Pay estimate No. 3 from Cedar Falls Construction Company in the amount of $33,386.99. F.Y. 1986 Paving Program, Contract No. 288 Pay estimate No. 3 from Cedar Falls Construction Company in the amount of $50,855.07. F.Y. 1986 Paving Program, Contract No. 288 Pay estimate No. 3 from Cedar Falls Construction Company in the amount of $7,950.25. East Park Avenue Improvements, Contract No. 263 (IX -6579(1)--79-07 Pay estimate No. 2 from Cedar Valley Corporation in the amount of $5,695.95. F.Y. 1986 Street Reconstruction Program, Contract No. 290 Pay estimate No. 2 from Cedar Valley Corporation in the amount of $377,034.95. Dysart Road, Phase II, IX -6691(1)--79-07 Pay estimate from Robinson Engineering company in the amount of $548.84. Intercity Interceptor, Stage IV Highway 63 Pumping Station Storage Units, Contract No. 255 Pay estimate No. 2 from Youngblut Construction Company in the amount of $258,115.00. F.Y. 1985 Maywood Storm Sewer Improvements, Areas I, II, & III, Con. No. 278 Pay estimate No. 2 from Winmor Construction Company in the amount of $219,111.63", be adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1985-600. October 14, 1985 Page Six BILLS PAST CONTINUED 88225 - Moved by Klinger, seconded by Getty that "Resolution approving the following statement for amounts shown together with recommendation of approval: Wagner Road IX -6589(1)--79-07 Invoice No. 5 from Claassen Engineering & Surveying, Inc., in the amount of $27,360.69. Shaulis Road (Iowa 21 to U.S. 63 IX -6470(3)--79-07 Invoice from Claassen Engineering and Surveying, Inc., in the amount of $24,806.86. Wagner Road IX -6589(1)--79-07 Invoice from Claassen Engineering and Surveying, Inc., in the amount of $940.00. Wagner Road Reconstruction (IX -6589(2)--79-07, Phase I, Sewage Facilities Investigation Invoice from Claassen Engineering and Surveying, Inc., in the amount of $816.60. Wagner Road Project, IX -6589(2)--79-07 Invoice from Claassen Engineering & Surveying, Inc., in the amount of $4,725.37. Hoff Road IX -6591(1)--79-07 and IX -6587(3)--79-07 Invoice from Robinson Engineering Company in the amount $1,048.79. Hoff Road IX -6587(3)--79-07 Invoice from Robinson Engineering Company in the amount of $1,194.06. Hoff Road IX -6591(1)--79-07 Invoice from Robinson Engineering Company in the amount of $200.93", be adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1985-601. NEW BUSINESS 88226 - Moved by Wright, seconded by Getty that communication frau Park Superintendent transmitting recommendation of the appointment of Joseph Traywici, Jr., for Park Maintenance IV -Plumbing be received and placed on file. 88227 - Moved by Wright, seconded by Getty that communication from Mayor Bowers transmitting recommendation on the reappointment of Jane Christensen and James Hutchins, Jr., to the Recreation Commission, with terms expiring October 1, 1988 be received and placed on file. Motion carried. 88228 -Moved by Wright, seconded by Getty that communication from Fire Department transmitting recommendation on the appointment of Donna K. Duryee to the position of Clerk II be received and placed on file. Motion carried. Moved by Wright, seconded by Getty 88229 - that communication from Waterloo Water Works transmitting the proposed budget for F.Y. 1986, be received, placed on file and "Resolution setting date of hearing as November 4, 1985 at 7:00 p.m. in the City Hall Council Chambers on above described budget", be adopted and Clerk/Auditor instructed to publish notice accordingly. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1985-602. October 14, 1985 Page Seven MISCELLANEOUS ANEOUS 88230 -Moved by Klinger, seconded by Lichty 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: Class A The Supervisors Club, Inc., 3265 DeWitt Road (Renewal) (Expires 11/10/86) Class E Pester Marketing Company #38, 1415 Logan Avenue (New) (Expires 11/21/87) One Stop Food Mart #3, 1025 East 4th Street, (New) (Expires 10/14/86) plus Sunday sales Class C The Office, 226 W. 5th Street, (New Owner -Old Location) (Expires 10/19/86) Motion carried. BONDS 88231 - Moved by Getty, seconded by Lichty that the report of City Attorney and list of bonds filed with Clerk through October 14, 1985, be received, placed on file and report and bonds approved. Motion carried. W. David Tyler, City Attorney, stated that the purposes for the Executive Session were authorized by Iowa Code. 88232 -Moved by Klinger, seconded by Getty adjourn to Executive Session. Ayes: Six. Absent: Penaluna. Motion carried. EXECUTIVE SESSION 88233 - Moved by Getty, seconded by Lichty adjourn Executive Session. Ayes: Six. Absent: Penaluna. Motion carried. 88234 - Moved by Getty, seconded by Klinger that the report of the City Attorney be received, placed on file and that the matter be referred to Finance Committee for their review. Ayes: Six. Absent: Penaluna. Motion carried. 88235 - Moved by Seeber, seconded by Lichty that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor