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HomeMy WebLinkAbout09/09/1985September 9, 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 Septmber 9, 1985. Mayor Bowers in the dlair. Roll call: Wright, Dawie, Seeber, Getty, Lichty, Penaluna, Klinger. Invocation by Getty. 88032 - Moved by Dowie, seconded by Wright that the Agenda, as proposed for the Regular Session of September 9, 1985, at 7:00 p.m., be accepted and approved. Motion carried. 88033 - Moved by Seeber, seconded by Klinger that the Minutes of the Regular Session held September 3, 1985, at 7:00 p.m., be approved. Motion carried. HEARINGS AND BIDS 88034 - Moved by Klinger, seconded by Penaluna that proof of publication of notice of public hearing and taking of bids for the F.Y. 1986 Construction of Intercity Interceptor, Stage V, 5th and 6th Street Crossings, Contract No. 282 as published in the Waterloo Courier on August 23, 1985, be received and placed on file. Motion carried. 88035 - 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 Wright, seconded by Dowie that "Resolution confirming the approval of plans, specifications, etc., for the F.Y. 1986 Construction of Intercity Interceptor, Stage V, 5th and 6th Street Crossings, Contract No. 282", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-524. 88036 - Moved by Seeber, seconded by Wright that "Resolution ordering construction for the F.Y. 1986 Construction of Intercity Interceptor, Stage V, 5th and 6th Street Crossings, Contract No. 282", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-525. 88037 - Moved by Wright, seconded by Getty to receive, file, instruct Clerk to open and read bids, and refer to City Engineer for review and recommendation (see CR88046 for award of contract): Bidder Bid Bond Bid Amount Peterson Contractors 5% $584,321.36 VanHauen-Keller 5% $794,752.08 Motion carried. 88038 - Moved by Seeber, seconded by Dowie that proof of publication of notice of public hearing and taking of bids for the F.Y. 1986 East Side Parking Ramp Repairs, Phase II, Contract No. 292, as published in the Waterloo Courier on August 23, 1985, be received and placed on file. Motion carried. September 9, 1985 Page Two HEARINGS AND BIDS CONTINUED 88039 - 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 Wright, seconded by Seeber that "Resolution confirming the approval of plans, specifications, etc., 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. 1985-526. 88040 - Moved by Getty, seconded by Seeber that "Resolution ordering construction for the F.Y. 1986 East Side Parking Ramp Repairs, Phase II, Contract No. 292", be adopted and that the bid opening be recessed until September 16, 1985. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-527. 88041 - Moved by Klinger, seconded by Dowie that proof of publication of notice of public hearing on status of Beer Garden Permit for The Jet, 451 West Parker, as published in the Waterloo Courier on August 30, 1985, be received and placed on file. Motion carried. 88042 - The Mayor announced that the time had arrived for the public hearing on the status of the Beer Garden Permit for The Jet, 451 West Parker. Quinn Martin, attorney for The Jet, submitted a petition containing the signatures of persons in support for the Jet and Beer Garden. He also called a neighbor, Dan Gibbons, of 450 West Parker Street, who said that the operation of the Beer Garden has been quite descent. Dennis Cunningham, co-owner of The Jet stated that he had operated The Jet for 8 months and that he has 5-1/2 years of previous experience in the business. He also recalled that when the City Council had originally granted him the permit to operate the Beer Garden (May 6, 1985) that no time limit was set on paving the parking lot. He also stated that he would not reopen the Beer Garden in the Spring of 1986 without the parking requirement being fullfilled. He also reported that he and his workers attempt to control the crowd in terms of keeping noise to a minimum. City Attorney, W. David Tyler, explained to the Council that the additional land that Mr. Cunningham had purchased for parking purposes has not been resurfaced. Due to the expansion of the business (beer garden), the Zoning Ordinance requires that additional parking be provided. Councilperson Klinger asked that City Staff meet with members of the Community to formulate an ordinance governing Beer Gardens that is in the best interest of the City. A resident stated that the Beer Garden did not close at midnight as reported by the owner. He has on occasion called the police to report incidents at the bar. He also suggested that a time limit be placed on the bar's operation of 10:30 or 11:00 o'clock in the evening. He also stated that within the past two weeks the noise conditions have improved. Mary and Roger Morrison, 1020 Ackermant Street, asked for greater control aver the outside area of the establishment. Moved by Getty, seconded by Lichty that The Jet, 451 West Parker, be permitted to operate its beer garden permit as approved by the City Council on May 6, 1985. Ayes: Seven. Motion carried. September 9, 1985 HEARINGS Page Three 88043 - Moved by Klinger, seconded by Seeber that the Planning, Programming and Zoning Commission Staff be instructed to establish a citizen's committee to formulate an ordinance regulating beer gardens. Ayes: Seven. Motion carried. 88044 - Moved by Dowie, seconded by Wright that proof of publication of notice of public hearing to lease City awned property located east of Logan Avenue and north of Edwards Street extended to Clifton Sallis, as published in the Waterloo Courier on August 30, 1985 be received and placed on file. Motion carried. 88045 - HOLD HEARING --This being the time and place of public hearing the Mayor called for written and oral objections. Clifton Sallis stated that he could meet all nine (9) conditions of the lease except for the $1,000,000 liability insurance and the hard surfacing of the parking area. He reported that he could obtain an insurance policy with $500,000 limit. He asked that the Council waive these two (2) requirements. Moved by Dowie, seconded by none that a lease agreement for said property be approved. This motion was withdrawn. Moved by Dowie, seconded by Wright that action on this item be tabled for one (1) week to allow the Planning, Programming and Zoning Commissioon staff to work on the two (2) areas of disagreement. Prior to a vote on this motion, Mr. Sallis asked that the Council make a decision on the lease as soon as possible. A vote on the above motion was taken. Ayes: Seven. Motion carried. 88046 - Eric Thorson, City Engineer, reported that the low bid of Peterson Contractors, Inc. for the FY1985 Intercity Interceptor, Stage V, Fifth and Sixth Street Crossings, Contract No. 282, was in order and recommended its approval in the amount of $584,321.36 (see CR88037 for bid opening). Moved by Getty, seconded by Seeber that "Resolution awarding contract as described above", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-528. PETITION FROM PUBLIC 88047 - Moved by Getty, seconded by Klinger that request from Helene Strassburger to cancel special assessments for sewer and garbage assessments for property at 421 and 429 Pine Street be received, placed on file and "Resolution denying said cancellation", be adopted. Ayes: Six. Nays: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1985-529. DOCUMENTS 88048 - Moved by Getty, seconded by Seeber that communication from Mayor Bowers transmitting agreement with National Cattle Congress and Waterloo Savings Bank and Ralph E. Russell, Jr., Co -Trustees under the last will and testament of Ralph E. Russell for Greyhound Racetrack Access Road, 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. 1985-530. September 9, 1985 Page Four DOCUMENTS CONTINUED 88049 - Moved by Getty, seconded by Seeber that communication from City Planner transmitting acceptance of 22.6 acres of real estate located southwest of the intersection of relocated Highway 20 and Highway 63 from the State of Iowa for F.Y. 1986 Greyhound Racetrack Access Road, 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. 1985-531. 88050 - Moved by Getty, seconded by Seeber that communication from Engineering Department transmitting Supplemental Agreement No. 2 with Schenk Engineering Company for engineering services for Kimball Avenue between Ridgeway Avenue and W. 4th Street (IX -6641--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. 1985-532. 88051 - Moved by Getty, seconded by Seeber that communication from Engineering Department transmitting Recamnendation of Acceptance from the Cedar Valley Corporation for the F.Y. 1985 Street Reconstruction Program, Contract No. 283, be received, placed on file, and "Resolution approving said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-533. RESOLUTIONS TO BE ADOPTED 88052 - Moved by Dowie, seconded by Getty that "Resolution setting date of hearing as September 23, 1985 at 7:00 p.m. in the City Hall Council Chambers to consider application for additional units of Section 8 Rental Rehabilitation for the Waterloo Housing Authority", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-534. 88053 - Moved by Dawie, seconded by Getty that "Resolution authorizing the execution of Memorandum of Agreement with Control -o -fax Inc. Project for the issuance of Industrial Revenue Bonds Series 1985", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-535. 88054 - Moved by Dowie, seconded by Getty that "Resolution fixing date of hearing as October 7, 1985 at 7:00 p.m. in the City Hall Council Chambers on proposed Industrial Development Bonds Series 1985, in an amount not to exceed $1,000,000 for Control -o -fax Inc. Project", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-536. BILLS PAYMENT 88055 - Moved by Dowie, seconded by Getty that "Bills, Resolution Schedule A and B", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-537. September 9, 1985 Page Five BILLS PAYMENT CONTINUED 88056 - Moved by Getty,seconded by Seeber that "Resolution approving the following pay estimates for amounts shown together with recommendation of approval: F.Y. 1985 Falls Avenue Trunk Sewer, Intercity Interceptor Stage III, Contract No. 254 Pay estimate Brice, Petrides/Donohue Engineering Services in the amount of $2,080.38. F.Y. 1986 San Souci Island Bypass Channel Wing Dam, Contract No. 237 Final estimate from Brice, Petrides/Donohue Engineering Services in the amount of $6,600.00. F.Y. East Side Parking Ramp Repairs, Contract No. 287 Pay estimate No. 1 from Cardinal Construction Company in the amount of $4,175.20. F.Y. 1986 Paving Program, Contract No. 288 Pay estimate No. 2 from Cedar Falls Construction Company in the amount of $29,316.29. F.Y. 1986 Paving Program, Contract No. 288 Pay estimate from Cedar Falls Construction Company $23,549.70. in the amount of F.Y. 1986 Paving Program, Contract No. 288 Pay estimate No. 2 from Cedar Falls Construction Company in the amount of $45,947.84. F.Y. 1985 Street Pay estimate No. $58,057.76. F.Y. 1986 Street Pay estimate No. $59,269.02. Reconstruction Program, Contract No. 283 4 from Cedar Valley Corporation in the amount of Reconstruction Program, Contract No. 290 1 from Cedar Valley Corporation in the amount of Highway 63 Pumping Station Storage Units, Contract No. 255 Pay estimate No. 1 from Youngblut Contracting, Inc., in the amount of $170,553.50. F.Y. 1985 Maywood Storm Sewer Improvements Areas I, II and III, Contract No. 278 Pay estimate No. 1 from Winmor Construction Co., Inc. in the amount of $271,087.52", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-538. 88057 - Moved by Getty, seconded by Seeber that "Resolution approving the following statements for amounts shown together with recommendation of approval: F.Y. 1986 Street Reconstruction Program, Contract No. 290 Statement from Jensen, Cary, Shoff in the amount of $13,675.75. Dysart Road (from Shaulis Road to Orange Road) IX -6691(1)-79-07 Statement from Robinson Engineering Company in the amount of $2,738.90", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-539. September 9, 1985 Page Six NEW BUSINESS 88058 - Moved by Penaluna, seconded by Klinger that communication from Water Pollution Control Superintendent transmitting request to hire Sue M. Kelley to the position of Laboratory Technician I for the Water Pollution Control Plant, be received, placed on file and approved. Motion carried. 88059 - Moved by Penaluna, seconded by Klinger that communication from the Civil Service Commission transmitting Certification List for positions of Pump Operator/Mechanic, Sewer; Senior Planner, Planning; Equipment Operator II, Street; and Civilian Dispatcher, Police/Fire; be received and placed on file. Motion carried. 88060 - Moved by Penaluna, seconded by Klinger that the following requests for travel with expenses not to exceed amounts shown, be received, placed on file and approved: Travel Requests Donna VanHorn, Administrative Secretary, to attend continuing education training program - Word Processing, September 10, 1985, Cedar Rapids, Iowa, cost not to exceed $166.50. Larry Cunningham, Supt. Central Garage, to attend How to Plan, Estimate and Schedule Maintenance Course, October 7 & 8, 1985, Bloomington, Minn., cost not to exceed $625.00. Motion carried. MISCELLANEOUS 88061 - Moved by Dowie, seconded by Penaluna 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 the Cigarette Permit License be approved: Class C - Beer Petro -N -Provisions, 1805 La Porte Road, (Renewal) (Expires 10/2/86) plus Sunday sales Ritz Beer Garden, 380 W. 4th Street, (Renewal) (Expires 9/24/85) plus Sunday sales Cigarette Permit Petro -N -Provisions, 1805 LaPorte Road Corks Grocery, 1956 Lafayette Motion carried. BONDS 88062 - Moved by Klinger, seconded by Getty that the report of City Attorney and list of bonds filed with Clerk through September 9, 1985, be received, placed on file and report and bonds approved. Motion carried. ADJOURNMENT 88063 -Moved by Getty, seconded by Lichty that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor