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HomeMy WebLinkAbout09/16/1985September 16, 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 September 16, 1985. Mayor Bowers in the Chair. Roll call: Wright, Dowie, Seeber, Getty, Lichty, Penaluna, Klinger. Invocation by Klinger. 88064 - Moved by Dowie, seconded by Wright that the Agenda, as amended for the Regular Session of September 16, 1985 at 7:00 p.m., be accepted and approved. Motion carried. 88065 - Moved by Wright, seconded by Getty that the Minutes of the Regular Session held September 9, 1985, and the Special Meeting of September 4, 1985, at 7:00 p.m., be approved. Motion carried. RECESSED HEARING AND BIDS 88066 - The Mayor announced that the time had arrived for the recessed hearing on the F.Y. 1986 East Side Parking Ramp Repairs, Phase II, Contract No. 292. Moved by Klinger, seconded by Penaluna to receive, file, instruct Clerk to open and read bids, and refer to City Engineer for review and recommendation: Bidder Bid Bond Certified Check Bid Amount Daniel's Construction Concrete Work $2,650.00 $55,277.98 Cardinal Construction Co., Inc. 5% $41,751.70 Motion carried. 88067 - Eric Thorson, City Engineer, reported that the bid of Cardinal Construction, Inc., in the amount of $41,751.70 was in order and could be accepted. Moved by Klinger, seconded by Seeber that "Resolution awarding contract to Cardinal Construction Company, Inc., for the F.Y. 1986 East Side Parking Ramp Repairs, Phase II, Contract No. 292", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-540. The Mayor called for oral presentations and there were none. PETITIONS FROM PUBLIC 88068 - Moved by Dowie, seconded by Klinger that request of Rev. David Rainey on behalf of Gift of Life Ministries for Special Permit request to use 1651 Sycamore Street for a church worship center, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file, and "Resolution approving said request subject to 1) the applicant receiving approval through the Board of Adjustment to provide additional parking on adjacent properties to meet the minimum parking requirements of 50, and 2) the applicant making request to the City Engineer to procure a curb cut on Sycamore Street and identifying entrances and exits to the east side parking lot", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-541. September 16, 1985 Page Two PETITIONS FROM PUBLIC CONTINUED 88069 - The Mayor announced that the time had arrived for discussion on the Special Permit request of Immanuel Lutheran Church, 330 Almond Street to construct an accessory building on said premises. Chuck and Judy Heeney gave a background on the structure that is now being constructed on the lot. They indicated that the property was the former site of a house under construction but without a building permit. Subsequently the lot was purchased by the d-iurch and conversion began on the building; however, no permit had yet been obtained. The diurch was now requesting that a Special Permit be approved based upon the regulations of the Zoning Ordinance. Councilperson Wright stated that she did not agree with this type of structure being built in a residential area. Councilperson Getty indicated his concern for the way in which the permit process had been handled. Moved by Dowie, seconded by Penaluna that the request of Immanuel Lutheran Church for a special permit request to construct an accessory building at 330 Almond Street, together with recommendation of approval of Planning, Programming and Zoning Commission together with the above comments be received, placed on file and "Resolution approving said special permit", be adopted. Ayes: Five. Nays: Wright, Seeber. Resolution adopted and upon approval by Mayor assigned No. 1985-542. 88070 - Moved by Wright, seconded by Dowie that request of Wally J. Robinson to cancel garbage and sewer assessments levied against property at 2155 Lafayette Street totalling $93.43 together with request of Clerk/Auditor to establish policy governing same, be received, placed on file, and "Resolution denying said request", be adopted and Clerk/Auditor instructed to develop policy governing same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-543. 88071 The Mayor announced that the time had arrived to discuss the lease of City owned property located east of Logan Avenue and north of Edwards Street extended to Clifton Sallis for off-street parking purposes (deferred from September 9, 1985). The two items of disagreement between the City and the leasee as discussed at the last Council Meeting included the indemnity and liability insurance and the requirement of hard surfacing of the parking lot. Both parties have agreed to a $500,000 liability limit. After discussion the Council deleted a portion of paragraph 8 requiring the leasee to hard surface the parking lot. Moved by Penaluna, seconded by Dowie that the lease between the City of Waterloo and Clifton Sallis for lease of property east of Logan Avenue and north of Edward Street be received, placed on file, and "Resolution_ approving said lease", be adopted. Ayes: Six. Nays: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1985-544. REPORTS 88072 - Moved by Dowie, seconded by Seeber that the Minutes of the Planning, Programing and Zoning Commission of August 12, 1985 be received and placed on file. Motion carried. 88073 - Moved by Dowie, seconded by Seeber that the Minutes of the Human Rights Commission of August 1, 1985 be received and placed on file. Motion carried. 88074 - Moved by Dowie, seconded by Seeber that the Waterloo Housing Authority Section 8, Existing Housing Program Report and Financial Report of Ridgeway Towers for August 1985, be received and placed on file. Motion carried. '� September 16, 1985 Page Three REPORTS CONTINUED 88075 - Moved by Dowie, seconded by Seeber that the Community Development Board Minutes of August 13 and 22, and September 4, 1985, be received and placed on file. Motion approved. 88076 - Moved by Dowie, seconded by Seeber that the City Auditor's Statement for August 1985 be received, placed on file and approved: Auditor's Balance - August 1, 1985 $32,592,633.79 Revenues - Property Tax 332,163.01 Revenues - Federal & State 758,127.05 Revenues - Other 1,570,603.42 Revenues - Transfers 497,178.08 Accounts Payable 1,984,387.90 Payrolls 2,108,318.26 Transfers 497,178.08 Auditor's Balance - August 31, 1985 $31,160,821.11 Warrants Outstanding 1,110,336.14 Treasurer's Balance - August 31, 1985 $32,271,157.25 Motion carried. 88077 - Moved by Dowie, seconded by Seeber that report from Planning, Programming and Zoning Commission on Brinkley's Landing Beer Garden (The Ship's Helm) be received and placed on file. Motion carried. Councilperson Klinger asked that a committee be appointed by the Mayor to formulate a policy on outside beer gardens. Roger Morrison, 1020 Ackermant, should be appointed as a member of the committee. 88078 - Moved by Dowie, seconded by Seeber that report frau Sign and Traffic Department on change of yield sign to stop sign at intersection of Cornwall and LaPorte Road Access Road and report on flashing lights at intersection of Grimm and Bopp Streets and LaPorte Road be received, placed on file and approved. Motion carried. DOCUMENTS 88079 - Moved by Getty, seconded by Klinger that communication frau City Engineer transmitting utility agreement with Waterloo Water Works for W. 4th Street, (IX -6583(1)--79-07) 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-545. 88080 - Moved by Klinger, seconded by Penaluna that communication from City Engineer transmitting Change Order No. 1 for FY 1985 East Side Parking Ramp Repairs, Contract No. 287 for increase of $2,819.00, together with recommendation of approval be received, placed on file, approved and Mayor and Clerk/Auditor instructed to execute same. Motion carried. September 16, 1985 Page Four RESOLUTIONS TO BE ADOPTED 88081 - Moved by Klinger, seconded by Penaluna that "Resolution approving the cancellation of property taxes for Lots 38-43, inclusive, Riverview Addition, in the total amount of $24.00 purchased by the City of Waterloo in May, 1985", be adopted and Clerk/Auditor instructed to notify the County Treasurer accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-546. 88082 - Moved by Getty, seconded by Seeber that "Resolution authorizing cancellation of paving assessments for property owned by Illinois Central Gulf Railroad in conjunction with the F.Y. 1985 Paving Program, Contract No. 266", be adopted. Ayes: Seven. R esolution adopted and upon approval by Mayor assigned No. 1985-547. 88083 - Moved by Getty, seconded by Seeber that "Resolution authorizing the Mayor, to sign on behalf proposed loan guarantee between the Chicago, Central and local lending institution in the amount of $500,000.00", Seven. of City of Waterloo Pacific Company and be adopted. Ayes: Resolution adopted and upon approval by Mayor assigned No. 1985-548. NEW BUSINESS 88084 - Moved by Getty, seconded by Seeber that communication from Planning, Programming and Zoning Commission transmitting proposed amendments to Ordinance No. 2479, as amended, City Zoning Ordinance relating to Bus Stop Bench Ordinance be received, placed on file, and "Resolution setting date of hearing as October 14, 1985 at 7:00 p.m. in the City Hall Council Chambers on above described amendments", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-549. 88085 - Moved by Getty, seconded by Seeber that communication from City Planner transmitting the appointment of John McCool to position of Senior Planner and Superintendent of Water Pollution Control Plant transmitting appointment of Robert Eisner to position of Sewer Pump Operator/Mechanic, be received, placed on file and approved. Motion carried. 88086 - Moved by Getty, seconded by Seeber that communication frau City Engineer for 5th & 6th transmitting plans, specifications, cost estimate, form of contract and notice for 5th and 6th Street Project, IX -6653(3) be received, placed on file and "Resolution setting date of hearing as September 23, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-550. 88087 - Moved by Getty, seconded by Seeber that communication from Police Chief transmitting the resignation of Michael Root and entitlement to vacation and sick pay in the amount of $398.23 be received, placed on file, approved, and "Resolution approving said payment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-551. September 16, 1985 Page Five NEW BUSINESS CONTINUED 88088 - Moved by Getty, seconded by Seeber that the following requests for travel with expenses not to exceed amounts shown, be received, placed on file and approved: Travel Request Harry Helgesen, Captain, to attend 5th Annual M.O.C.I.C. Training Conference, Omaha, Neb., September 17-18, 1985, cost not to exceed $222.50. Eric Gunderson, Sergeant, to attend 1st Annual LEIN Training Conference, Des Moines, Iowa, September 16-18, 1985, cost not to exceed $189.00 plus use of City vehicle. Motion carried. MISCELLANEOUS 88089 - Moved by Getty, 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, Cigarette Permit, and Pawnbroker License be approved: Class B - Beer and Wine Permit QuikTrip Corporation, 1976 Franklin, (New) (Expires 10/25/86) plus Sunday sales Class C - Beer and Liquor Permit The Dispensary, 2122 Kimball Avenue, (Renewal) (Expires 10/1/86) Eight Ball Lounge, 302 Ansborough, (Renewal) (Expires 10/8/86) plus Sunday sales Class C - Beer and Wine S & M Enterprises, Inc., 106 Brookeridge, (Renewal) (Expires 9/23/86) plus Sunday sales Cigarette Permit Bing B. Ltd., 920 Taporte Road Pawnbroker License Corner Trading Post, 217 Washington Motion carried. BONDS 88090 - Moved by Getty, seconded by Lichty that the report of City Attorney and list of bonds filed with Clerk through September 16, 1985, be received, placed on file and report and bonds approved. Motion carried. ADJOURNMENT TO EXECUTIVE SESSION 88091 - W. David Tyler, City Attorney, stated that the Executive Session was permitted under Iowa Code 21.5(1)(c). Moved by Getty, seconded by Klinger that the Council of the City of Waterloo, Iowa, meet in Executive Session. Motion carried. EXECUTIVE SESSION September 16, 1985 Page Six EXECUTIVE SESSION CONTINUED 88092 - Moved by Dowie, seconded by Lichty that the Executive Session adjourn. Motion carried. 88093 - Moved by Lichty, seconded by Dowie that the City not became involved with litigation on behalf of the Police Sergeants as previously authorized by Council on September 3, 1985. Ayes: Seven. ADJOURNMENT 88094 - Moved by Getty, seconded by Dowie that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor