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HomeMy WebLinkAbout08/05/1985August 5, 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 August 5, 1985. Mayor Bowers in the Chair. Roll call: Wright, Dowie, Seeber, Getty, Lichty, Penaluna, Klinger. Invocation by Seeber. 87817 - Moved by Klinger, seconded by Wright that the Agenda, as amended for the Regular Session of August 5, 1985, at 7:00 p.m., be accepted and approved. Motion carried. 87818 - Moved by Wright, seconded by Dowie that the Minutes of the Regular Session held July 22, 1985, and Special Minutes of July 26, 1985, be approved. Motion carried. HEARING AND BID 87819 - Moved by Daaie, seconded by Wright that proof of publication of notice of public hearing on plans, Specifications, etc., and taking of bids for the F.Y. 1986 Street Reconstruction Program, Contract No. 290 as published in the Waterloo Courier on July 19, 1985, be received and placed on file. Motion carried. 87820 - 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 Getty, seconded by Dowie that "Resolution confirming the approval of plans, specifications, etc., for the F.Y. 1986 Street Reconstruction Program, Contract No. 290", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-427. 87821 - Moved by Klinger, seconded by Seeber that "Resolution ordering construction of plans, specifications, etc., for the F.Y. 1986 Street Reconstruction Program, Contract No. 290", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-428. 87822 - Moved by Getty, seconded by Klinger to receive, file and instruct Clerk to open and read bids and refer to City Engineer for review and recommendation (see CR87861 for award of contract): Bidder Base Bid + Alt. A Base Bid + Alt. B Aspro, Inc. $495,616.40 Cedar Valley Corp. $473,426.89 Cedar Falls Construction $480,652.31 Youngblut Contracting $485,629.48 Motion carried. August 5, 1985 Page Two ORAL PRESENTATIONS 87823 - Ken Dooley, 192 Greenwood Avenue wished to inform the City Council of the unethical practices of the Iowa Department of Transportation as it relates to the purchase of property in the Sherwood Park area. He reported that offers have been made to him and other property owners in the area to accomodate the construction of the bridge across the Cedar River. He stated that he believed that the Iowa Department of Transportation would not construct a bridge without adversely affecting the property owners in the area frau flood damage. The Mayor stated that members of the Iowa Department of Transportation and City staff would meet with Mr. Dooley to clarify some of the issues that he addressed. Bob Larsen, 157 University Avenue, complained about the many weeds and vacant lots around the City. He asked what the City was going to do about this problem and stated that it adversely impacts visitors to our community. F. J. Lynch, 1181 Cornwall Avenue, brought up numerous points. They are as follows: He asked if anything was being done about the conflicts of interest as reported in our recent City audit; What the liability was of the City when parking is allowed to close too an intersection, i.e., Randolph and Cornwall, whether the City was investigating alternatives to the use of salt on City streets as it greatly deteriorates them; why the City is allowed to dump snow in the river with the accesive amount of salt of runoff frau City streets; whether the City was competitively bidding its supplies; and why the City allowed a nubile home at the airport. Moved by Getty, seconded by Dowie that above remarks be received, placed on file and that the parking situation on the corner of Cornwall and Randolph Streets be referred to the City Sign and Traffic Department for review. Motion carried. PETITIONS FROM PUBLIC 87824 - Moved by Dowie, seconded by Penaluna that communication from City Engineer transmitting the request of Richard Snuck for temporary concrete driveway at 925 Belle Street together with recommendation of approval be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-429. 87825 - Bob Stevenson, City Planner, reported that the contractor constructing the detached garage at 705 Prospect Blvd., desires Council approval to complete the structure. In applying for the building permit it was discovered that the garage encroached into the building platted setback line on Derbyshire Road and that the garage was larger than the maximum square footage permitted in this residential zone. Mr. Stevenson stated that the building setback line reduction mast first be reviewed by the Planning, Programming and Zoning Cammission and that granting a variance to the size of the building may only be approved by the Board of Adjustment. Therefore, the Council could not act on either of these items at this time. He recommended that a date of hearing be set by the City Council as August 12, 1985, with said date also being the day the Planning Commission will review this request. Moved by Dowie, seconded by Klinger that the communication from Stephen and Katherine Bloom to construct a detached garage at 705 Blvd., be received, placed on file and "Resolution setting date of hearing as August 12, 1985, at 7:00 p.m. in the City Hall Council Chambers on the reduction of the building setback line", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-430. August 5, 1985 Page Three PETITIONS FROM PUBLIC CONTINUED 87826 - Moved by Wright, seconded by Penaluna that decision on sewer rate charges be received, placed on file and referred to City Attorney's Office for review. (see Ordinance No. 3396). Motion carried. 87827 - The Mayor reported that the Black Hawk Board of Supervisors had passed on its first reading an ordinance regulating and controlling electrical output weapons kncwn as stun guns. Moved by Penaluna, seconded by Dowie that the report of the Police Chief on an ordinance regulating and controlling electrical output weapons known as stun guns be received, placed on file and that the Police Department and City Attorney's Office be instructed to meet with Black Hawk County to jointly encourage the Iowa State Legislature to enact a law regulating stun guns for all of Iowa's cities and counties. Motion carried. REPORTS 87828 - Moved by Wright, seconded by Klinger that Waterloo Human Rights Commission Minutes of June, 1985, be received and placed on file. Motion carried. 87829 -Moved by Wright, seconded by Klinger that Board of Adjustment Minutes of June, 1985, be received and placed on file. Motion carried. 87830 - Moved by Wright, seconded by Klinger that Waterloo Housing Authority Financial Report of June 1985, for Ridgeway Towers and Section 8 Existing Housing, be received and placed on file. Motion carried. 87831 - Moved by Wright, seconded by Klinger that report of Sign and Traffic making recanmendation on petition received frau area residents of Beech Street requesting a truck embargo between Sumner and Newell Streets, be received, placed on file, approved and City Attorney instructed to prepare ordinance accordingly. Motion carried. DOCUMEN'T'S 87832 - Moved by Dowie, seconded by Seeber that communication from City Planner transmitting Location/Design Concept Plan for Kimball Avenue (Project No. IX -6641(2)--79-07) between Ridgeway Avenue and W. 4th Street be received, placed on file and "Resolution approving plan", be adopted. Ayes: Six. Nays: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1985-431. August 5, 1985 Page Four DOCUMENTS CONTINUED 87833 - Moved by Dowie, seconded by Seeber that communication from City Planner transmitting Professional Services Agreement with Cedar Skyline Corporation to engage the City in furnishing technical and professional assistance in connection with redevelopment of downtown Waterloo together with Planning, Progranmiing and Zoning Commission's recommendation of approval be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor instructed to execute same. Ayes: Six. Nays: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1985-432. 87834 - Moved by Dowie, seconded by Seeber that Final Environmental Assessment/Draft Section 4 (f) Statement and Location/Design Approval on Ansborough Avenue No. IX -6615(1)--79-07 be received, placed on file and "Resolution approving final assessment", be adopted. Ayes: Six. Nays: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1985-433. 87835 - Moved by Dowie, seconded by Seeber that Agreements with National Cattle Congress and Sans Souci Association for temporary easements to provide access at the construction site for the F.Y. 1986 Sans Souci Island Bypass Channel Wing Dam, Contract No. 237 be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Six. Nays: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1985-434. 87836 - Moved by Davie, seconded by Seeber that communication from City Engineer transmitting contracts, bonds and certificates of insurance frau Cardinal Construction Company for F.Y. 1985 East Side Parking Ramp Repairs, Contract No. 287 together with recommendation of approval, be received, placed on file and 'Resolution authorizing said documents", be adopted. Ayes: Six. Nays: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1985-435. 87837 - Moved by Dowie, seconded by Seeber that 'Resolution approving Supplemental Agreement No. 1 with Wayne Claassen Engineering and Surveying Inc., for W. 4th Street (Shaulis Road to Ansborough Avenue) Project No. IX -6587(1)--79-07", be adopted. Ayes: Six. Absent: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1985-436. 87838 - Moved by Davie, seconded by Seeber that Application for use of highway Right -of -Way frau the Iowa Department of Transportation in conjunction with installation of tile outlet for storm water run off near Bopp Street be received, placed on file and 'Resolution approving said application", be adopted and Mayor and Clerk/Auditor instructed to execute same. Ayes: Six. Nays: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1985-437. 87839 - Mrs. R. E. Cleaver, Jr., 1940 Ansborough Avenue, inquired as to which side of the street sidewalks would be constructed along Ansborough Avenue. (see CR87834) She asked that consideration be given to putting the sidewalks on the east side of Ansborough rather than on the west side. She also spoke against construction of the project. Moved by Klinger, seconded by Wright that the above remarks be received and placed on file. Motion carried. August 5, 1985 Page Five RESOLUTIONS TO BE ADOYIED 87840 Moved by Penaluna, seconded by Klinger that "Resolution approving the acquisition contract payment and accepting deed from Frank and Priscilla Cagley, 3730 Wagner Road - Parcel No. 9", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-438. 87841 - Moved by Penaluna, seconded by Klinger that 'Resolution approving temporary easement frau Frank and Priscilla Cagley, 3730 Wagner Road - Parcel No. 9", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-439. 87842 - Moved by Penaluna, seconded by Klinger that 'Resolution approving the acquisition contract payment and accepting deed frau Fred Carlson Company - Parcel No. 22", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-440. 87843 Moved by Penaluna, seconded by Klinger that 'Resolution approving the acquisition contract payment and acceptance deed from Kent Feeds, Inc., - Parcel No. 23", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-441. 87844 Moved by Penaluna, seconded by Klinger that 'Resolution approving the acquisition contract payment and acceptance deed frau Waterloo Airport Commission - Parcel No. 24", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-442. 48445 - Moved by Penaluna, seconded by Klinger that 'Resolution approving temporary easement from Waterloo Airport Commission - Parcel No. 24", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-443. 84846 - Moved by Wright, seconded by Seeber that "Resolution proclaiming the week of October 6-12 as "Waterloo Minority Enterprise Development Week, 1985", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-444. 84847 Moved by Dawie, seconded by Wright that 'Resolution authorizing issuance and sale of Industrial Development Revenue Bonds for George S. Warren Project in the amount of $50,000", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-445. 84848 Moved by Dawie, seconded by Wright to instruct City Engineer to prepare plans, specifications, etc., for the F.Y. 1986 Sans Souci Island Bypass Channel Wing Dam, Contract No. 237 be received and placed on file. Motion carried. August 5, 1985 Page Six NEW BUSINESS 87849 - Moved by Dowie, seconded by Wright to receive and file plans etc., and 'Resolution preliminarily approving same for the F.Y. 1986 Sans Souci Island Bypass Channel Wing Dam, Contract No. 237", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-446. 87850 - Moved by Dowie, seconded by Wright that "Resolution setting date of hearing as August 26, 1985 at 7:00 p.m. in the City Hall Council Chambers on plans and taking of bids on the F.Y. 1986 Sans Souci Island Bypass Channel Wing Dam, Contract No. 290", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-447. 87851 - Moved by Dowie, seconded by Wright that communication from Civil Service Commission transmitting the Certification List for positions of Fire Lieutenant and Rehab Specialist/Community Development Department be received, placed on file and approved. Motion carried. 87852 - Moved by Dowie, seconded by Wright that communication from Police Department transmitting resignation of Thomas L. Pregler and entitlement to vacation and sick pay in the amount of $235.00 be received, placed on file, approved and 'Resolution approving said payment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-448. 87853 - Moved by Dowie, seconded by Wright that communication from Police Department transmitting resignation of Randy R. Rosenberg and entitlement to vacation and sick pay in the amount of $3,648.00 be received, placed on file, approved, and 'Resolution approving said payment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-449. 87854 - Moved by Dowie, seconded by Wright that communication from Water Pollution Control Plant transmitting resignation of John Taylor and entitlement to vacation and sick pay in the amount of $11,617.93 be received, placed on file, approved and 'Resolution approving said payment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-450. 87855 - Discussion was heard regarding the following appointments: Moved by Seeber, seconded by Klinger that communication from Mayor Bowers transmitting the following people to various committees be received, placed on file, and action delayed one (1) week: Paul F. Koch, 210 Sunset Road and Russell Burt, 713 Cottage Street to the Cablevision Committee with term expiring December 1, 1987; Gale Quirk, 245 Alta Vista Avenue, to the Waterloo Commission on Human Rights with term expiring January 1, 1989; Sammie Dell, 203 Candlewick Road to the Board of Park Commissioners with term expiring January 1, 1990; Don Bahls, 999 Hare Plaza Bldg to the Police and Fire Pension Board with term expiring April, 1987; and the following people to the Mayor's Advisory Committee: Art Carter, Kathy Hadley, Dennis Clark, and Harris Ceaser. Motion carried. August 5, 1985 Page Seven NEW BUSINESS CONTINUED 87856 - Moved by Dawie, seconded by Getty that the following requests for travel with expenses not to exceed amounts shown, be received, placed on file and approved: Travel Requests Captain Donald Kehoe to attend FBI NA Training Session, Omaha, Nebraska, August 7 & 8, 1985, cost not to exceed $169.92 plus use of City vehicle. John Kehoe, Chief Electrical Inspector, to attend 81st Annual Meeting of International Association of Electrical Inspectors, Western Section, St. Paul Minn., September 9-11, 1985, cost not to exceed $474.24. Lts. Hermansen & Pryor, Watch Commanders, to attend seminar on 'Managing the Problem Employee", July 29, 1985, Des Moines, Iowa $330.00 plus use of City Vehicle. Ernest Clark, Richard Knief, Carl Teske and Mark Langenwalter, Police Officers, to attend course at ILEA on Basic Narcotics Enforcement, Des Moines, Iowa, August 12-23, 1985, $276.16 plus use of City vehicle. Roger Shook and Gary Hartwig, Police Chief and Sergeant to attend seminar on "Hiring and Firing", Des Moines, Iowa, August 6, 1985, $207.00 plus use of City vehicle. Motion carried. MISCELLANEOUS ANEOUS 87857 - Moved by Dowie, seconded by Getty 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 License for Distress Sales be approved: Wine Permit License Application Class B Clute s Highland Market, Inc., 909 Independence, (New) (Expires 4/6/86) 7 -Eleven Store #22618, 510 Conger, (New) (Expires 9/1/85) 7 -Eleven Store #18456, 1105 Cedar Bend Drive, (New) (Expires 9/1/85) 7 -Eleven Store #18436, 1309 Lafayette Street, (New) (Expires 9/1/85) Pester Marketing Company #96, 611 Rainbow, (New) (Expires 8/1/85) Pester Marketing Company #97, 508 N. Broadway, (New) (Expires 10/9/85) Pester Marketing Company #38, 1415 Logan Avenue, (New) (Expires 11/2/85) Beer and Liquor Permit License Application Class C Paulie s Place Inc., 814 LaPorte Road, (New) (Expires 5/15/86) Sunday sales Becker -Chapman American Legion Post #138, 619 Franklin, (Renewal) (Expires 8/9/86) Mac's Overtime Lounge, 1918 Commercial, (Renewal) (Expires 8/8/86) The Ground Round, 1425 East San Marnan, (Renewal) (Expires 9/8/86) plus Sunday sales Beer and Wine Permit License Application Class C The Pizza Pub, 504 Riehl, (Renewal) (Expires 8/13/86) plus Sunday sales Application for License for Distress Sales The Furniture House, 1216 LaPorte Road Motion carried. August 5, 1985 Page Eight BONDS 87858 - Moved by Penaluna, seconded by Wright that the report of City Attorney and list of bonds filed with Clerk through August 5, 1985 be received, placed on file and report and bonds approved. Motion carried. 87859 - Eric Thorson, City Engineer, reported that the low bid of Cedar Valley Corporation for F.Y. 1986 Street Reconstruction Program, Contract No. 290 was in order. (see CR87822 for bid opening) Moved by Davie, seconded by Getty that "Resolution awarding the F.Y. 1986 Street Reconstruction Program, Contract No. 290 to Cedar Valley Corp., in the amount of $473,426.89", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-451. ADJOURNMENT 87860 - Moved by Dowie, seconded by Wright that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor