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HomeMy WebLinkAbout09/03/1985September 3, 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 3, 1985. Mayor Bowers in the Chair. Roll call: Wright, Seeber, Getty, Lichty, Penaluna, Klinger. Absent: Dbwie. Invocation by Seeber. 87989 - Moved by Klinger, seconded by Wright • that the Agenda, as amended for the Regular Session of September 3, 1985 at 7:00 p.m., be accepted and approved. Motion carried. 87990 - Moved by Wright, seconded by Seeber that the Minutes of the Regular Session held August 26, 1985, at 7:00 p.m., be approved. Motion carried. HEARING AND BID 87991 - Moved by Getty, seconded by Penaluna that proof of publication of notice of public hearing on plans, specifications, etc., and taking of bids for the F.Y. 1986 Construction of Railroad Runaround Iowa Northern Railway Company, Contract No. 291 as published in the Waterloo Courier on August 16, 1985 be received and placed on file. Motion carried. 87992 - 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 "Resolution confirming the approval of plans, specifications, etc., for the F.Y. 1986 Construction of Railroad Runaround Iowa Northern Railway Company, Contract No. 291", be adopted. Ayes: Six. Absent: Dbwie. Resolution adopted and upon approval by Mayor assigned No. 1985-502. 87993 - Moved by Klinger, seconded by Seeber that "Resolution ordering construction for the F.Y. 1986 Construction of Railroad Runaround Iowa Northern Railway Company, Contract No. 291", be adopted. Ayes: Six. Absent: bowie. Resolution adopted and upon approval by Mayor assigned No. 1985-503. 87994 Moved by Penaluna, seconded by Klinger to receive, file, and instruct Clerk to open and read bids, and refer to City Engineer: (see CR87998 of September 3, 1985 for award of contract.) Bidder Bid Bond Bid Cedar Valley Corporation 5% $77,257.67 Peterson Contractors Inc. 5% $83,696.90 Rampart Corporation 5% $68,622.07 Motion carried. September 3, 1985 Page Two ORAL PRESENTATIONS The Mayor called for oral presentations and there were none. PETITIONS FROM PUBLIC 87995 - Moved by Wright, seconded by Klinger that request of Half Pint Saloon, 1831 Independence Avenue for one day Beer Garden, for September 7, 1985 together with recommendation of approval of Clerk/Auditor be received, placed on file and approved. Motion carried. 87996 - Moved by Klinger, seconded by Seeber that communication from City Engineer transmitting the request of Leland C. Bailey, 1822 Byron Avenue for temporary asphalt driveway together with recommendation of approval be received, placed on file and 'Resolution approving said request", be adopted. Ayes: Six. Absent: Dbwie. Resolution adopted and upon approval by Mayor assigned No. 1985-504. UNFINISHED BUSINESS 87997 - Moved by Klinger, seconded by Seeber that communication frau City Engineer transmitting the award of contract to Rampart Corporation for the F.Y. 1986 Sans Souci Island Bypass Channel Wing Dam, Contract No. 237 be received, placed on file and 'Resolution approving said contract", be adopted. Ayes: Six. Absent: bowie. Resolution adopted and upon approval by Mayor assigned No. 1985-505. 87998 - Eric Thorson, City Engineer, reported that the low bid of Rampart Corporation was in order and could be approved for the F.Y. 1986 Construction of Railroad Runaround Iowa Northern Railroad Company, Contract No. 291. A small mathematical error in their computation resulted in the bid totalling $68,620.37. (see CR87994 for bid opening). Moved by Getty, seconded by Klinger that communication from City Engineer transmitting recommendation to award Contract No. 291 to Rampart Corporation in the amount of $68,620.37 be received, placed on file, and 'Resolution awarding contract as recommended", be adopted. Ayes: Six. Absent: bowie. Resolution adopted and upon approval by Mayor assigned No. 1985-506. REPORTS 87999 - Moved by Getty, seconded by Wright that F.Y. 1985 Building Department Annual Report be received, placed on file and approved. Motion carried. 88000 - Moved by Getty, seconded by Wright that minutes of the Waterloo Municipal Airport Commission of August 13, 1985 be received and placed on file. Motion carried. September 3, 1985 Page Three DOCUMENTS 88001 - Moved by Getty, seconded by Wright that Utility Agreement with Iowa Public Service Company (Electric) for West Fourth Street IX -6583(1)--79-07 be received, placed on file, approved and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1985-507. 88002 - Moved by Getty, seconded by Wright that Utility Agreement with Iowa Public Service Company (Gas) for Hoff Road IX -6587(4)--79-07 be received, placed on file, approved and 'Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1985-508. 88003 - Moved by Getty, seconded by Wright that Utility Agreement with Iowa Public Service Company (Electric) for Hoff Road IX -6587(4)--79-07 be received, placed on file, approved and 'Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1985-509. 88004 - Moved by Getty, seconded by Wright that Utility Agreement with Iowa Public Service Company (Gas) for West Fourth Street IX -6583(1)--79-07 be received, placed on file, approved and 'Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: bowie. Resolution adopted and upon approval by Mayor assigned No. 1985-510. 88005 - Moved by Getty, seconded by Wright that contracts, bonds, and certificate of insurance from Rampart Corporation for the F.Y. 1986 Sans Souci Island Bypass Channel Wing Dam, Contract No. 237 be received, placed on file and 'Resolution approving same", be adopted and Mayor and Clerk/Auditor instructed to execute same. Ayes: Six. Absent: bowie. Resolution adopted and upon approval by Mayor assigned No. 1985-511. 88006 - In response to questioning from Councilperson Lichty, Bob Stevenson, City Planner, stated that each of the cities of Waterloo, Cedar Falls, and Evansdale, as well as Black Hawk County, University of Northern Iowa, and the Iowa Rails to Trails Chapter are contributing funds for the study. Upon completion, the study will identify specific bike corridors which may be eligible for Interstate Substitution funding or any other future federal funding. Moved by Klinger, seconded by Getty that communication from City Planner transmitting the Bikeway Master Development Plan for the metropolitan area together with request to spend $9,500 for the City of Waterloo's share of the total of $18,000.00 for said study be received, placed on file and 'Resolution authorizing said expenditure", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1985-512. September 3, 1985 Page Four DOCUMENTS C.'ONTINUED 88007 - Moved by Getty, seconded by Wright that communication from City Engineer transmitting City/State Reimbursement Agreement No. 85-F-067 for Ansborough Avenue IX -6615(3)--79-07 be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor instructed to execute same. Ayes: Five. Nays: Lichty. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1985-513. 88008 - Moved by Seeber, seconded by Penaluna that communication from City Engineer transmittingCi ty/ State Agreement No. 86-16-013 for the following projects: Hoff Road IX -6587(4)--79-07; W. 4th Street IX -6583(1)--79-07; and San Marnan Drive IX -6498(2)--79-07 be received, placed on file, approved and "Resolution approving said agreements", be adopted and Mayor and Clerk/Auditor instructed to execute same. Ayes: Six. Absent: bowie. Resolution adopted and upon approval by Mayor assigned No. 1985-514. 88009 - Mayor Bowers announced that the time had arrived for discussion on the proposed agreement on the proposed access road for the Waterloo Greyhound Race Track. Dick Klingamen, President of the National Cattle Congress Board, reported that the agreement being considered by the City Council consisted of the City of Waterloo paying for one-half of the total project cost of $550,000 with reimbursement from the National Cattle Congress through the City's one-half of one percent of the track's betting handle (an estimated $200,000-$250,000 per year). The other half of the project cost would be reimbursed when the land across the road from the track is developed. The proposed four lane road would stretch from Highway 63 to the track. Groundbreaking for the road will occur for October, 1985. Installation of sewers and utility lines is also included as a part of the project. Mr. Klingamen also indicated that the design for the track is underway with the track opening for the start of the winter racing season on October 15, 1986. He emphasized the need to proceed with this agreement to allow the remaining financing to be completed. Councilperson Lichty stated that she was not ready to make a decision on this matter as the public had not been made aware of the plans for the dogtrack road. Searles Hayden, 2611 Manor Street, asked that the Council not take action at this time and study it properly before a decision is made. Moved by Seeber, seconded by Getty that the proposed agreement to assist and finance the proposed access road for the Waterloo Greyhound Race Track with the Waterloo Savings Bank and Ralph E. Russell, Jr. as co -trustees and that the last will and testament of Ralph E. Russell be delayed for one week. Prior to a vote on the motion, the following discussion followed. Councilperson Getty stated that instead of the City taking its share of the road costs from its handle, Cattle Congress should be responsible for repaying the City with the profits realized from each year's operation. He felt that it was not an undue burden on the Cattle Congress to repay for the project in this matter. With the approval of the mover and seconder the above notion to delay action on this matter was withdrawn. Moved by Getty, seconded by Seeber that "Resolution approving above described agreement subject to changes in Paragraph 10 relating to the cog track road financing and repayment of the road's cost", be adopted. Ayes: Six. Absent: bowie. (see Council agenda of September 9, 1985 for further action on agreement.) Resolution adopted and upon approval by Mayor assigned No. 1985-515. September 3, 1985 Page Five DOCUMENTS CONTINUED 88010 - Moved by Getty, seconded by Seeber that communication from City Engineer transmitting engineering contract with Brice, Petrides/Donahue for F.Y. 1986 Greyhound Track Access Road, Contract No, 284 for design of the access road from U.S. Highway 63/U.S. Highway 20 interchange to the proposed Greyhound track parking lot be received, placed on file and 'Resolution approving agreement", be adopted and Mayor and Clerk/Auditor instructed to execute same. Ayes: Six. Absent: bowie. Resolution adopted and upon approval by Mayor assigned No. 1985-516. RESOLUTIONS TO BE ADOPTED 88011 - Moved by Getty, seconded by Seeber that 'Resolution accepting and approving certain acquisition contract to sell real property at 4045 Hammond Avenue to the City and accepting and approving a certain deed from James W. Youngblut", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1985-517. 88012 - Moved by Getty, seconded by Seeber that "Resolution accepting and approving certain acquisition contract to sell real property at 3715 University Avenue to the City and accepting and approving a certain deed for parcel AE -1&2 from Marie E. Tunis", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1985-518. 88013 - Moved by Getty, seconded by Seeber that 'Resolution authorizing the condemnation of a certain parcel of real property for the San Marnan Drive Project awned by Hope Martin Anderson", be adopted. Ayes: Six. Absent: bowie. Resolution adopted and upon approval by Mayor assigned No. 1985-519. 88014 - Moved by Getty, seconded by Seeber that 'Resolution approving and providing for the execution of Housing and Community Development Block Grant Contract No. R -84 -MC -19-0207 by and between the City of Waterloo and the U.S. Department of Housing and Urban Development Amendment No. 1", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1985-520. 88015 - Moved by Getty, seconded by Seeber that 'Resolution amending resolution entitled Resolution Adopting and Levying Final Schedule of Assessments, and Providing for the Payment Thereof (No. 1985-68) to cover the re -assessment and re -levy of certain assessments pursuant to the City Code of Iowa for property at 1009 Calhoun in conjunction with FY 1984 Maywood Area Paving, Contract No. 256", be adopted. Ayes: Six. Absent: bowie. Resolution adopted and upon approval by Mayor assigned No. 1985-521. 88016 - Moved by Getty, seconded by Seeber that 'Resolution amending 28E Agreement between the City of Waterloo and Black Hawk County regarding computer services and purchase of financial software", be adopted. Ayes: Six. Absent: bowie. Resolution adopted and upon approval by Mayor assigned No. 1985-522. September 3, 1985 Page Six NEW BUSINESS 88017 - Moved by Wright, seconded by Getty that communication from Mayor Del Bowers recommending the appointment of Raymond Harris to the Waterloo Cablevision Commission with term expiring December 1, 1988 be received and placed on file and approved. Motion carried. 88018 - Moved by Wright, seconded by Seeber that communication frau Police Chief Douglas together with recommendation sick pay in the amount of $2,544.93 "Resolution approving said payment", Resolution adopted and upon approval 2115.11Request 88019 - Moved by Klinger, seconded by Getty that the following requests for travel with expenses not to exceed amounts shown, be received, placed transmitting the resignation of Virginia M. of approval and entitlement to vacation and be received, placed on file, approved, and be adopted. Ayes: Six. Absent: bowie. by Mayor assigned No. 1985-g23. on file and approved: Police Chief, Roger Shook, to attend Iowa Association of Chiefs of Police and Pease Officers, Inc., Annual Conference, Cedar Rapids, Iowa, September 4-6, 1985, cost not to exceed $170.00 plus use of City vehicle. Motion carried. 88020 - Moved by Getty, seconded by Wright 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 be approved: Class B Water oo Jaycees, 612-1/2 Jefferson Streets (Renewal) (Expires 8/10/86) Kilby's Korner Grocery, 229 Sunnyside, (old location -new owner) (Expires 9/3/86) plus Sunday sales Kwik Trip, Inc., 4th & Kimball, (New) (Expires 9/3/86) plus Sunday sales Class C - Beer Crawford's Laundromat -Groceries, 523 Logan Avenue, (Renewal) (Expires 9/8/86) plus Sunday sales LeRoy's Pub, 809-811 E. 4th Street, (old location -new owner) (Expires 9/5/86) Cigarette Permit Mini Market, 4th and Kimball Kilby Corner Grocery, 229 Sunnyside Motion carried. BONDS 88021 Moved by Wright, seconded by Getty that the report of City Attorney and list of bonds filed with Clerk through September 3, 1985, be received placed on file and report and bonds approved. Motion carried. September 3, 1985 Page Seven 88022 - City Attorney, W. David Tyler, reported that the purpose of the Executive Session was authorized under Iowa Code Section 28.A(5). Moved by Seeber, seconded by Lichty to adjourn to Executive Session. Ayes: Six. Absent: Dbwie. Motion carried. EXECUTIVE SESSION 88023 - Moved by Penaluna, seconded by Klinger to adjourn Executive Session for the Police Sergeants and Zoan Investments Inc., and recess the Rath Packing Company bankruptcy discussion until 4:00 p.m. on Wednesday, September 4, 1985 in the City Hall Council Chambers. Ayes: Four. Nays: Seeber and Lichty. Absent: bowie. Motion carried. 88024 - Moved by Getty, seconded by Penaluna that the City intervene on behalf of the Police Sergeants and direct the City Attorney to proceed accordingly. Ayes: Four. Nays: Getty and Lichty. Absent: Dowie. Motion carried. 88025 - Moved by Getty, seconded by Lichty that the City Attorney be instructed to settle out of court with Zoan Investments, Inc. Ayes: Six. Absent: bowie. Motion carried. 88026 - Moved by Penaluna, seconded by Getty that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor