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HomeMy WebLinkAbout10/22/84October 22, 1984 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 October 22, 1984. Mayor Bowers in the Chair. Roll call: Getty, Klinger, Seeber, Dowie, Wright. Absent: Penaluna and Lichty. Invocation by Klinger. 86615 - Moved by Wright, seconded by Dowie that the Agenda, as proposed for the Regular Session of October 22, 1984, at 7:00 p.m., be accepted and approved. Motion carried. 86616 - Moved by Getty, seconded by Seeber that the Minutes of the Regular Session held October 15, 1984 at 7:00 p.m., be approved. Motion carried. HEARINGS 86617 - Moved by Dowie, seconded by Wright that proof of publication of notice of public hearing on sale of Fire Station No. 2 generally located at the intersection of Randolph and Byron Streets as published in the Waterloo Courier on October 5, 1984 be received and placed on file. Motion carried. 86618 - 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 Getty, seconded by Klinger that all bids be received, placed on file and the Clerk/Auditor instructed to open bids and refer to the City Planner for review and recommendation: Bidder Amount of Bid Certified Check Roger P.Tt-�pTens $30,150.00 • Richard L. & Joan Kafer Kerns $27,500.00 $2,750.00 Motion carried. 86619 - Bob Stevenson, City Planner, reported that the bid of Roger P. Stephens was above the minimum established bid of $29,500 and recommended its approval. Moved by Getty, seconded by Wright that the recommendation of the City Planner to accept the bid of Roger P. Stephens in the amount of $30,150.00 for Fire Station No. 2 be received, placed an file and 'Resolution authorizing sale and conveyance of Fire Station No. 2 in the amount of $30,150.00 to Roger P. Stephens", be adopted and City Attorney instructed to prepare deed accordingly. Ayes: Five. Absent: Lichty and Penaluna. Resolution adopted and upon approval by Mayor assigned No. 1984-484. October 22, 1984 HEARINGS CONTINUED 86620 - Moved by Getty, seconded by Dowie Page Two that proof of publication of notice of public hearing on request of Jerry Fannon of 1409 Aspen Drive to reduce existing 8' foot utility easement to 5' located in Central Heights II Addition as published in the Waterloo Courier on October 16, 1984 be received and placed on file. Motion carried. 86621 - HOLD HEARING --This being the time and place of hearing the Mayor called for written and oral objections and there were none. Moved by Klinger, seconded by Getty that the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 86622 - Barb Fannon, 1409 Aspen Drive asked that the Council suspend the rules and adopt the ordinance to accommodate construction of a garage before winter. Moved by Klinger, seconded by Wright that "an Ordinance vacating a portion of an utility easement at 1409 Aspen Drive located in Central Heights II Addition", be received, placed on file, passed and considered for the first time. Ayes: Five. Absent: Lichty and Penaluna. Motion carried. 86623 - Moved by Klinger, seconded by Dowie that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended, and that below ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Five. Absent: Lichty and Penaluna. Motion carried. 86624 - Moved by Seeber, seconded by Klinger that "an Ordinance vacating a portion of an utility easement at 1409 Aspen Drive located in Central Heights II Addition", be adopted. Ayes: Five. Absent: Lichty and Penaluna. Ordinance adopted and upon approval by Mayor assigned No. 3372. ORAL PRESENTATIONS 86625 - The Mayor reported that the Council will meet in Special Session on Monday, October 29, 1984 at -4:00 p.m. PETITIONS FROM PUBLIC 86626 - Moved by Dowie, seconded by Klinger that commrunication from City Planner transmitting request of Chuck Hinton to purchase City -owned property located south of Oakcrest Drive between S. Hackett Road and proposed Hackett Road ByPass of approximately 3.54 acres, zoned "R-2" One and Two Family REsidence District together with the establishment of minmum bid of $12,000 be received, placed on file and "Resolution setting date of hearing as November 13, 1984 at 7:00 p.m. in the City Hall Council Chambers on above described sale", be adopted and Clerk/Auditor instructed to publish notice accordingly, with minimum bid of $12,000. Ayes: Five. Absent: Lichty and Penaluna. Resolution adopted and upon approval by Mayor assigned No. 1984-485. October 22, 1984 Page Three UNFINISHED BUSINESS 86627 - The Mayor stated that the time had arrived for discussion on the copyright fees being assessed to customers of Waterloo Cablevision. Donna Lesyshen, Assistant City Attorney, reiterated her opinion that the copyright fee is not a governmental tax or fee and therefore was unauthorized by Ordinance No. 2949, An Ordinance Regulating Cable TV (see CR86601 of October 15, 1984). She stated that in written communications with Jay Roberts, Attorney for Waterloo Cablevision, he stated that the fee was appropriate and could be assessed against subscribers. Councilperson Getty stated that the franchisee should be allowed to charge the copyright fee. Councilperson Dowie asked if both parties could cane to an agreement via a declaratory judgement. Moved by Dowie, seconded by Seeber that Waterloo Cablevision cease charging the $.50 copyright fee and if the company fails to do so, an injunction be sought and declaratory judgement filed. Ayes: Klinger, Seeber, Dowie, Wright. Nays: Getty. Absent: Lichty and Penaluna. Motion carried. 86628 - Moved by Klinger, seconded by Getty that the Financial Report for Ridgeway Towers and Section 8 Existing Housing Program for September, 1984, be received and placed on file. Motion carried. 86629 - The Mayor reported that the Council will meet in Special Session on Monday, October 29, 1984, at 4:00 p.m. The Mayor announced that the time had arrived for the consideration of the Environmental Assessment for Ansborough Avenue Reconstruction from San Marnan Drive to University Avenue. (Project No. IX -6615(1)--79-07. Bob Stevenson, City Planner, stated that this was not a public hearing and that comments would be heard from the public during the 30 day review process. Dr. Martha Maxson of Brice, Petrides and Assoc., presented the Environmental Review Report which assess the social, economic, and environmental impact of the project. The areas of review included the number of homes that would be purchased as part of the project and the monies that they would receive for replacement of said housing. Other items that were reviewed were the purchase of right-of-way and the loss of the front yard of properties along Ansborough Avenue, pedestrian safety, the impact on the churches in the area, commercial properties and parks, as well as positive affects of reduced traffic congestion, improved safety and access and noise levels. The following comments were heard from the public: Larry Ehrig, 2122 Ansborough Avenue reminded the Council of the petition of 800 area residents in opposition to the project. October 22, 1984 REPORTS CONTINUED Page Four 86629 - Don Bergen, representing the Waterloo Chamber of Commerce stated that (cont) the long term benefits of the project would far out weigh the opponent's opposition. A resident at 150 Berkshire, asked which businesses would be affected by the widening. It was explained that right-of-way adjacent to Gordy's Grocery Store would be utilized. Bob Brown, 3665 Inverness Road, and speaking on behalf of the Citizens Support Group for Transportation reaffirmed their support for the project. Mrs. Norbert Watson, 2640 Ansborough Avenue, asked what the project would cost City taxpayers. Don Temeyer, Planning and Development Director discussed the total cost of substitution for the City of Waterloo. The average cost per year to an individual homeowner could be approximtely $31.00. Orrin Miller, 1920 Franklin, stated that the Environmental Assessment did not address two specific points: 1) increase in vibration due to truck traffic and 2) the snow removal problem. Moved by Klinger, seconded by Dowie that the communication from City Planner transmitting the recommendation of the City Planning, Programming and Zoning Commission on the Environmental Assessment for Ansborough Avenue Reconstruction from San Marnan Drive, to University Avenue, (Project No. IX -6615(1)--79-07), be received, placed on file and "Resolution approving said Environmental Assessment for Ansborough Avenue Reconstruction", be adopted. Ayes: Five. Absent: Lichty and Penaluna. Resolution adopted and upon approval by Mayor assigned No. 1984-486. 86630 - Moved by Dowie, seconded by Wright that the communication from Sign and Traffic transmitting recommendation on embargo on W. 4th Street between Kimball and Ansborough Avenues be received, placed on file and no embargo implemented. Ayes: Five. Absent: Lichty and Penaluna. Motion carried. 86631 - Moved by Dowie, seconded by Wright that communication from the Reorganization Committee transmitting the approval of the hiring of a Facilities Manager at McElroy Auditorium and approval of salary range of 5, Level 1, intermediary step for the upcoming position opening of Associate Planner to be filled effective November 19, 1984, at $19,480 per year be received, placed on file and approved. Motion carried. October 22, 1984 Page Five REPORTS CONTINUED 86632 - Moved by Dowie, seconded by Wright that "Resolution endorsing the Energy Assistance Coordination of Community Resources", be adopted. Ayes: Five. Absent: Lichty and Penaluna. Resolution adopted and upon approval by Mayor assigned No. 1984-487. 86633 - Moved by Klinger, seconded by Dowie that communication from the City Engineer transmitting Change Order No. 2 for the F. Y. 1983 Highway 63 Pumping Station, Intercity Interceptor, Stage II, Contract No. 248 for increase in contract of $12,797.71 together with recommendation of approved be received, placed on file, approved and Mayor and Clerk/Auditor authorized to sign same. Motion carried. 86634 - Moved by Klinger, seconded by Dawie that communication from City Engineer transmitting Engineering Contract for the East Side Parking Facility Repairs on East 5th Street with Brice, Petrides and Assoc., Inc., in the amount of $4,000.00 be received, placed on file, approved and "Resolution approving said documents", and Mayor and Clerk/Auditor instructed to sign same. Ayes: Five. Absent: Lichty and Penaluna. Resolution adopted and upon approval by Mayor assigned No. 1984-488. RESOLUTIONS TO BE ADOPTED 86635 - Moved by Seeber, seconded by Klinger that "Resolution transferring from the Airport General Fund the sum of $7,520.50 to the Debt Service Fund", be adopted. Ayes: Five. Absent: Lichty and Penaluna. Resolution adopted and upon approval by Mayor assigned No. 1984-489. 86636 - Moved by Klinger, seconded by Wright that "Resolution transferring from the Sewer Rental Fund the sum of $342,325.50 to the Debt Service Fund", be adopted. Ayes: Five. Absent: Lichty and Penaluna. Resolution adopted and upon approval by Mayor assigned No. 1984-490. 86637 - Moved by Wright, seconded by Klinger that "Resolution transferring from the Federal Revenue Sharing Fund the sum of $640,484.00 to the General Fund", be adopted. Ayes: Five. Absent: Lichty and Penaluna. Resolution adopted and upon approval by Mayor assigned No. 1984-491. BILLS PAYIENr 86638 - Moved by Dowie, seconded by Getty that "Bills, Resolution Schedule A", be adopted. Ayes: Five. Absent: Lichty and Penaluna. Resolution adopted and upon approval by Mayor assigned No. 1984-492. October 22, 1984 Page Six BILL PAYMENTS CONTINUED 86639 - Moved by Getty, seconded by Dawie that 'Resolution approving the following pay estimates for amounts shown together with recommendation of approval: F.Y. 1985 Installation of Roof and Siding for a Sewer Department Building at the Water Pollution Control Plant, Contract No. 280 ay estimate No. 1 for Chuck Heene Construction Co., in e amount of $17,609.20. F.Y. 1985 Maywood Storm Sewer Improvements Area III Outlet Contract No. 276 Pay estimate No. 2 for Peterson Contractors, Inc., in the amount of $66,170.16. East Park Avenue Improvements, Project No. IX -6579(1)--79-07, Contract No. 263 Pay estimate No. 4 for Cedar Valley Corporation, in EFe amount $227,473.02. F.Y. 1984 lowder Road Area Sanitary Sewer Project, Phase II, Contract No. 262 ray estimate No. 3 for Construction Company, Inc., in the amount of $34,350.89. F.Y. 1985 East Park Avenue Area Improvements, Project No. IX -6579(1)--79-07, Contract No. 263 ay -estimate No. 2 for Brice Petrides & Assoc., Inc., in amount of $23,685.20. Sixth Street Bridge, Contract No. 215, Project No. IX -6653(1)--79-07. Fay estimate No. 5 for Brice Petri es & Assoc., Inc., in the amount of $19,041.13. F.Y. 1984 Maywood Area Paving, Contract No. 256 Pay estimate No. 16 for Rohlin Construction Company, Inc. in e amount of $185,152.75", be adopted. Ayes: Five. Absent: Lichty and Penaluna. Resolution adopted and upon approval by Mayor assigned No. 1984-493. 86640 - Moved by Getty, seconded by Dowi.e that 'Resolution approving the following statements for amount shown together with recommendation of approval: F.Y. 1984 Street Reconstruction Program, Contract No. 257 Statement for Schenk Engineering Company, in the amount o; $614.25. F.Y. 1984 Maywood Area Paving, Contract No. 256 Statement from Brice, Petri es and Assoc., Inc., in the amount of $11,437.26. Hackett Road ByPass Statement from Brice, Petrides and Assoc., Inc., in the $1,437.92", be adopted. Ayes: Five. Absent: Lichty and Penaluna. Resolution adopted and upon approval by Mayor assigned No. 1984-494. 101%11 -%-% "-1 October 22, 1984 Page Seven NEW BUSINESS 86641 - Moved by Seeber, seconded by Wright that communication from Waterloo Water Works transmitting the Calendar 1985 Budget and requesting that the Council set a date of hearing be received, placed on file and "Resolution setting date of hearing as November 5, 1984, at 7:00 p.m. in the City Hall Ccxmcil Chambers on the calendar year 1985 Waterloo Water Works Budget", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Five. Nays: Lichty and Penaluna. Resolution adopted and upon approval by Mayor assigned No. 1984-495. 86642 - Moved by Klinger, seconded by Seeber that the following requests for travel with expenses not to exceed amounts shown, be received, placed on file and approved: Travel Requests Lieutenant Police Department to attend High -Risk Incident Management Seminar, Evanston, Illinois, November 19-20, 1984, cost not to exceed $405.00 plus use of City vehicle. Fire Inspector to attend Hawkeye State Fire Safety Association Conference, Des Moines, Iowa, October 24-26, 1984, cost not to exceed $200.00 plus use of City vehicle. Mayor, Superintendent of Streets, Asst. Superintendent of Streets, and Senior Civil Engineer to attend Demonstration of various Portland Cement Concrete pavement rehabilitation techniques, Des Moines, Iowa, October 25, 1984, cost not to exceed $164.80. Chief and Assistant Chief to attend Iowa Association of Professional Fire Chief's Conference, Ames, Iowa October 24-25, 1984 cost not to exceed $150.00 plus use of City vehicle. Seven (7) fire fighters to attend Fire Service Supervision Course, the Pesticide Challenge Course, Ames, Iowa, November 17-18, 1984, cost not to exceed $545.00 plus use of City vehicle. Motion carried. MISCELIANEOUS 86643 - Moved by Getty, 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: Beer and Liquor License Permit Application Class C FEE Trick Lounge, 1125 Washington, (Renewal) (Expires 11/1/85) Z's Seven Seas, 3927-3937 W. Airline Hwy (Renewal) (Expires 11/1/85) The Supervisors Club, 3265 Dewitt Road, (Renewal) (Expires 11/10/85) plus Sunday sales Beer License Permit Application Crass Cedar Falls Oil Co., 1602 LaPorte Road, (Renewal) (Expires 11/1/85) plus Sunday sales Beer and Wine License Permit Application Mass C ErMa_rro, 302 W. 4th Street, (Renewal) (Expires 11/09/85) plus Sunday sales Motion carried. October 22, 1984 Page Eight 86644 - Moved by Dowie, seconded by Wright that the report of the City Attorney and list of bonds filed with Clerk through October 22, 1984, be received, placed on file and report and bonds approved. Motion carried. WIP-1111VIIINDW 86645 - Moved by Wright, seconded by Dowie that the Council adjourn. Motion carried. "`r larry P. Burger City Clerk/Auditor