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HomeMy WebLinkAbout06/10/1985June 10, 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 June 10, 1985. Mayor Bowers in the Chair. Roll call: Klinger, Penaluna, Lichty, Getty, Seeber, Dowie, Wright. Invocation by Seeber. 87538 - Moved by Dawie, seconded by Seeber that the Agenda, as amended for the Regular Session of June 10, 1985, at 7:00 p.m., be accepted and approved. Motion carried. 87539 - Moved by Seeber, seconded by Penaluna that the minutes for the Regular Session of June 3, 1985, at 7:00 p.m., be approved. Motion carried. HEARING 87540 -Moved by Klinger, seconded by Wright that proof of publication of notice of public hearing on Resolution of Necessity on the F.Y. 1986 Paving Program, Contract No. 288 as published in the Waterloo Courier on May 22 and 29, 1985, be received and placed on file. Motion carried. 87541 - HOLD HEARING --This being the time and place of public hearing the Mayor called for written and oral objections. A resident questioned why streets improvement were being proposed in the 700 Block of Linden Avenue when the street was not in disrepair. Eric Thorson, City Engineer, indicated that only storm and sanitary improvements were being proposed. Steve Black, 516 Rhey Street, asked what kind of surfacing would be put on Rhey Street. Eric Thorson stated that the same surfacing as now exists will replace the street surface. The Clerk indicated that one petition of objection had been received from Lawrence Meisner objecting to the paving on Harwood Avenue. Moved by Getty, seconded by Dowie that the above written objection and oral comments be received and placed on file. Motion carried. 87542 - Moved by Getty, seconded by Dowie that "Resolution overruling objections to the F.Y. 1986 Paving Program, Contract No. 288", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-278. 87543 - Moved by Dawie, seconded by Getty that "Resolution adopting Resolution of Necessity, to the F.Y. 1986 Paving Program, Contract No. 288 as proposed", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-279. June 10, 1985 Page Two HEARING CONTINUED 87544 - Moved by Getty, seconded by Penaluna that "Resolution directing Engineer to prepare detailed plans and specifications and directing the Attorney to prepare form of contract to bidders", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-280. 87545 - Moved by Dowie, seconded by Seeber that "Resolution ordering bids, approving plans, specifications and form of contract and notice to bidders, fixing amount of bid security, and ordering Clerk to publish notice and fixing a date of hearing as July 1, 1985 at 7:00 p.m. in the City Hall Council Chambers for receiving bids, and for the public hearing on plans, specifications, form of contract and estimate of cost on the F.Y. 1986 Paving Program, Contract No. 288", be adopted and Clerk/Auditor instructed to publish notice accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-281. ORAL PRESENTATIONS 87546 - William Craig, Chairperson of the Black Hawk County Vietnam Veterans Memorial Committee reported that his committee will be dedicating a memorial to veterans of the war in southeast Asia including the deceased, missing in action, and survivors. The memorial will be placed in Paramount Park at E. 4th and Water Streets. He requested the City's moral and financial support of their efforts. He also asked the City's assistance in obtaining current family addresses of any resident or former resident of Black Hawk County who is classified as missing in action or killed in action in Vietnam or southeast Asia as a result of the Vietnam War. Dan Hanson, Secretary/Treasurer of the Committee stated that donations to the fund are tax deductable and are being funneled through the Waterloo Civic Foundation. The National Bank of Waterloo will be the custodian of the funds. Moved by Wright, seconded by Lichty that the above remarks be received and placed on file. Motion carried. 87547 - Councilperson Lichty introduced her son and daughter-in-law from Texas. PETITIONS FROM PUBLIC Moved by Die, seconded by Klinger that communication from City Engineer transmitting the request of Robert A. Stirm for temporary asphalt driveway located at 1857 Easton Avenue 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. 1985-282. 87548 - Moved by Die, seconded by Klinger that communication from City Engineer transmitting the request of Michael R. Murphy for temporary concrete driveway located at 903 Wisconsin 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. 1985-283. June 10, 1985 Page Three PETITIONS FROM PUBLIC CONTINUED 87549 - Moved by Dowie, seconded by Klinger that communication from Planning, Programming and Zoning Commission transmitting the special permit request of the Iowa Department of Public Safety to install a 500 foot radio dispatch tower and an 8' by 12' equipment building in an area zoned "A-1" Agricultural District generally located west of Hess Road and south of new U.S. 20, together with recommendation of approval be received, placed on file and "Resolution setting date of hearing as July 1, 1985 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-284. REPORTS 87550 Moved by Dowie, seconded by Klinger that the City Auditor's Statement for May, 1985 be received and placed on file: Auditor's Balance - May 1, 1985 $29,387,793.70 Revenues - Property Tax 4,942,684.23 Revenues - City Clerk 243,081.02 Revenues - City Treasurer 1,700,459.72 Revenues - Transfers 217,107.31 Accounts Payable 7,435,562.09 Payrolls 1,403,007.92 Transfers 217,107.31 Auditor's Balance - May 31, 1985 27,435,448.66 Warrants Outstanding 936,335.76 Treasurers Balance - May 31, 1985 28,371,784.42 Motion carried. 87551 - Moved by Dowie, seconded by Klinger that communication from Insurance Committee transmitting recommendation on health insurance for City employees for the F.Y. 1986 be received, placed on file, and "Resolution approving Blue Cross/Blue Shield as the insurance company covering health, major medical, dental and prescription drugs with administrative costs of 6.28% of paid claims and Cedar Valley Health Plan as an alternate health insurance at a rate of $3.25/subscriber", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-285. 87552 - Moved by Daaie, seconded by Klinger that communication from Assistant City Planner transmitting recommendation to set new dates of public hearings on issuance of Industrial Development Revenue Bonds for James W. Higgins Project, Michael Narey dba Quality Mat Refinishing Project and Laverne, Marcella, Thomas and Tony Nicol and Monica Card Project be received, placed on file and "Resolution setting date of hearing as June 24, 1985 at 7:00 p.m. on the above described issuance", be adopted and Clerk/Auditor instructed to publish notice accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-286. June 10, 1985 Page Four REPORTS CONTINUED 87553 - Moved by Penaluna, seconded by Seeber that communication from Mayor Bowers transmitting recommendation on appointment of the following members to the Demolition of Dilapidated Buildings Committee be received, placed on file and approved: Jack Seeber, Chairman, Orrin Miller, Robert Dart, Mary Lichty, Francis Messerly, Mark Smith, John L. McDowell. Ayes: Five. Nays: Getty and Wright. Motion carried. DOCUMENTS 87554 - Moved by Klinger, seconded by Dowie that communication from City Planner transmitting the Addendum No. 85-A-236 to Agreement No. 83-3-159 with the Iowa Department of Transportation for the purposes of paving the access road and to the K -Line Faiths property Project No. IX -520-6(8&28)--3P-07 together with recommendation of approval be received, placed on file and "Resolution approving said document", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-287. 87555 - Moved by Wright, seconded by Seeber that communication from City Engineer transmitting recommendation of acceptance for the F.Y. 1985 Lafayette Street Sanitary Sewer Extension No. 2, Contract No. 275 from Rampart Corporation be received, placed on file and "Resolution approving said acceptance", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-288. ORDINANCES TO BE ADOPTED 87556 - Moved by Klinger, seconded by Seeber that "an Ordinance amending Chapter 34, Utilities, by repealing Subsections (1), (2), and (6) regarding sewer rental charges of Section 34-43; and enacting in lieu thereof new Subsections (1), (2), and (6) regarding sewer rental charges of Section 34-43," be received, placed on file, considered and passed for the second time. Ayes: Six. Nays: Lichty. Motion carried. 87557 -Moved by Penaluna, seconded by Dowie that "an Ordinance amending Ordinance No. 2479, as amended, known as the Zoning Ordinance for the City of Waterloo, Iowa, by repealing Part III, Section 2A-3, Definitions; Part IV, District and Boundaries thereof; Part V, Section 2A-7, General Regulations; Part XVII, "U-1" Unclassified District; Part XXIII, Board of Adjustment: Section 2A-52; Part XXIV, Occupancy Permits; Part XXVI, Section 2A-55, Amendments, Subsection C; and adding Section 2A -52A, Hearings and Decisions of the Board of Adjustment; and Part XXIX, Duties and Responsibilities of the Building Official; --Flood Plain Management", be received, placed on file, passed and considered for the third time. Ayes: Seven. Motion carried. June 10, 1985 Page Five ORDINANCES TO BE ADOPTED CONTINUED 87558 - Moved by Dowie, seconded by Seeber that "an Ordinance amending Ordinance No. 2479, as amended, known as the Zoning Ordinance for the City of Waterloo, Iowa, by repealing Part III, Section 2A-3, Definitions; Part IV, District and Boundaries thereof; Part V, Section 2A-7, General Regulations; Part XVII, "U-1" Unclassified District; Part XXIII, Board of Adjustment: Section 2A-52; Part XXIV, Occupancy Permits; Part XXVI, Section 2A-55, Amendments, Subsection C; and adding Section 2A -52A, Hearings and Decisions of the Board of Adjustment; and Part XXIX, Duties and Responsibilities of the Building Official; and adding Section 2A -52A and Part XXIX", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3393. 87559 - Moved by Seeber, seconded by Wright that "an Ordinance amending Ordinance No. 2644, known as the Traffic Code, by repealing Subsection (10) Public Alley extending from West Fourth Street to Bluff Street and lying between Jefferson Street and Commercial Street of Section 542 One -Way Streets and Alleys", be received, placed on file, considered and passed for the third time. Ayes: Seven. Motion carried. 87560 - Moved by Klinger, seconded by Seeber that "an Ordinance amending Ordinance No. 2644, known as the Traffic Code, by repealing Subsection (10) Public Alley extending from West Fourth Street to Bluff Street and lying between Jefferson Street and Commercial Street of Section 542 One -Way Streets and Alleys", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3394. BILIS PAYMENT 87561 - Moved by Dowie, seconded by Penaluna, that "Bills Resolution Schedule A and B copies of which are available in the Office of the Clerk/Auditor", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-289. 87562 - Moved by Klinger, seconded by Getty that "Resolution approving the following pay estimates for amounts shown together with recommendation of approval: Conway Vicinity Skywalk, Contract No. 281 Pay estimate No. 6 in the amount of $4,262.00 from Cardinal Construction Company. F.Y. 1985 Street Reconstruction Program, Contract No. 283 Pay estimate No. 1 in the amount of $147,305.56 from Cedar Valley Corporation. F.Y. 1985 Street Reconstruction Program, Contract No. 283 Pay estimate No. 4 in the amount of $4,783.63 from Jensen, Cary, Shoff Consulting Engineers. F.Y. 1985 Falls Avenue Trunk Sewer Intercity Interceptor Stage III, Contract No. 254 Pay estimate No. 4 in the amount of $13,568.28 from McAninch Corporation. F.Y. 1985 Maywood Storm Sewer Improvements, Contract No. 276 Pay estimate No. 5 in the amount of $6,543.60 from Peterson Contractors, Inc. June 10, 1985 Page Six BILLS PAYMENT CONTINUED 87562 - Hoff Road (W. 4th Street to W. Shaulis Road) (IX -6591(1)--79-07) (Cont) Pay estimate No. 1 in the amount of $28.10 from Robinson Engineering Company. Hoff Road (W. 4th Street to W. Shaulis Road) (IX -6587(3)--79-07) Pay estimate No. 16 in the amount of $4,478.66 from Robinson Engineering Company. Dysart Road (Shaulis Road to Orange Road (IX -6691(1)--79-07 Pay estimate No. 7 in the amount of $3,933.78 from Robinson Engineering Compay. Kimball Avenue to Ridgeway Avenue to South City Limits (IX -6641(1)--79-07 Pay estimate No. 17 in the amount of $4,951.20 from Schenk Engineering Company. Sixth Street Bridge, Contract No. 215 Pay estimate No. 24 in the amount of $73,656.95 from Shappart Engineering", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-290. 87563 - Moved by Klinger, seconded by Getty that "Resolution approving the following statement for amount shown together with recommendation of approval: West 4th Street Project (IX -6587(5)--79-07 Final statement in the amount of $10,200.00 from Oakridge Realtors and Builders. Hoff Road Project (IX -6587(3)--79-07 Final statement in the amount of $7,500.00 from Oakridge Realtors and Builders. F.Y. 1985 Lafayette Street Sanitary Sewer Extension No. 2, Contract No. 275 Final estimate in the amount of $34,372.89 frau Rampart Corporation. Hoff Road (W. 4th Street to W. Shaulis Road) (IX -6591(1)--79-07) Final statement in the amount of $163.20 from Robinson Engineering Company", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-291. NEW BUSINESS 87564 - Moved by Penaluna, seconded by Lichty that communication from Sewer Department transmitting the retirement of Robert Jordan together with accumulated vacation pay and sick leave in the amount of $9,757. 44 be received, placed on file and "Resolution approving said payment", be adopted and Clerk/Auditor instructed to issue a warrant accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-292. June 10, 1985 Page Seven NEW BUSINESS CONTINUED 87565 - Moved by Penaluna, seconded by Lichty that communication from Fire Department transmitting the retirement of Raymond L. Cockerham, together with accumulated vacation pay and sick leave in the amount of $17,399.04 be received, placed on file and 'Resolution approving said payment", be adopted and Clerk/Auditor instructed to issue a warrant accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-293. 87566 - Moved by Penaluna, seconded by Lichty that communication from Mayor Del Bowers transmitting the appointment of James Kastli and DuWayne Mingus to the Plumbing Code and Examining Board with term expiration of March 1, 1987, be received, placed on file and approved. Motion carried. 87567 - Moved by Penaluna, seconded by Lichty that communication from Mayor Del Bowers transmitting the appointment of John Cooney to the Community Development Board with term expiration of March 1, 1989, be received, placed on file and approved. Motion carried. 87568 - Moved by Penaluna, seconded by Lichty that the following requests for travel with expenses not to exceed amounts shown, be received, placed on file and approved. Ayes: Six. Nayes: Getty. Travel Requests Don Temeyer, Planning and Development Director to attend Regional Officials regarding Ground Transportation Center, Kansas City, Mo., June 7, 1985, cost not to exceed $175.00. James Boyd, Human Rights Investigator to attend Basic Skills Training for Human Rights Investigators, Louisville, Kansas, June 17-19, 1985, cost not to exceed $702.00 plus taxes. Motion carried. MISCELLANEOUS 87569 - Moved by Wright, seconded by Dowie 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 Fireworks Display Application and Ambulance License Application be approved: Beer and Liquor License Permit Application Class C Mandarin Cafe, 510 Mulberry Street, (Renewal) (Expires 6/30/86) Zodiac, 319 Jefferson, (Renewal) (Expires 7/18/86) plus Sunday sales Veteran's of Foreign Wars, 612 Jefferson, (Renewal) (Expires 7/4/86) plus Sunday sales Beer License Permit Application Class C Korner Grocery Shoppe, 229 Sunnyside Avenue, (Renewal) (Expires 7/1/86) R & G Oil, 600 Cleveland, (Renewal) (Expires 7/16/86) plus Sunday sales Kimball Grocery Inc., 2206 Kimball Avenue, (Renewal) (Expires 6/25/86) plus Sunday sales June 10, 1985 MISCELLANEOUS CONTINUED 87569 - Fireworks Display (cont) Sunnyside Country Ambulance License 1GBJC34WOBV104882 1FDKE30L4CHA48141 6Z90R4Q245950 Motion carried. BONDS 87570 - Moved by Wright, Application Club, 1600 Olympic Drive Application - Schoitz Medical Center - Schoitz Medical Center - Schoitz Medical Center seconded by Lichty that the report of City Attorney and list of bonds through June 10, 1985, be received, placed on file bonds approved. Motion carried. Page Eight filed with Clerk and report and 87571 - City Attorney W. David Tyler stated that the Executive Session was for the purposes of discussing matters currently in litigation and was permissible under Iowa Code Section 28.A. Moved by Lichty, seconded by Seeber that the Council adjourn to Executive Session. Ayes: Seven. Motion carried. EXECUTIVE SESSION 87572 - Moved by Getty, seconded by Klinger to adjourn the Executive Session. Motion carried. 87573 - Moved by Getty, seconded by Klinger that the report of the City Attorney on the following items be received, placed on file, and approved: 1. Karlene Piper and Barbara Coffin vs. City of Waterloo, Iowa. 2. City of Waterloo, Iowa vs. Civil Service Commission of City of Waterloo vs. Karlene Piper and Barbara Coffin. 3. United States Department of Labor vs. Black Hawk County Board of Supervisors. 4. United States Department of Labor vs. Black Hawk County Comprehensive Employment and Training Program, Iowa. 5. United States Department of Labor vs. City of Waterloo, Iowa. 6. Zoom Investment Company, Inc. vs. City of Waterloo, Iowa. 7. City of Waterloo, Public Employer vs. Waterloo Policemen's Protective Assoc., Petitioner. 8. Blackhawk Advanced Life Support, Inc. vs. City of Waterloo, Iowa. 9. Rath Bankruptcy. Motion carried. 87574 -Moved by Penaluna, seconded by Getty that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor