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HomeMy WebLinkAbout06/18/84June 18, 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 June 18, 1984. Mayor Bowers in the Chair. Roll call: Seeber, Dowie, Wright, Getty, Lichty, Penaluna, and Klinger. Invocation by Klinger 85898 - Moved by Dame, seconded by Klinger that the Agenda, as amended for the Regular Session of June 18, 1984 at 7:00 p.m., be accepted and approved. Motion carried. 85899 - Moved by Klinger, seconded by Seeber that the Minutes of the Regular Session held June 11, 1984 at 7:00 p.m., and the minutes of the Special Session held June 12, 1984 at 10:00 a.m., be approved. Motion carried. HEARINGS AND BIDS 85900 - Moved by Dame, seconded by Klinger that proof of publication of notice of public hearing and taking of bids for the F.Y. 1984 Street Reconstruction Program, Contract No. 257 as published in the Waterloo Courier on June 1, 1984, be received and placed on file. Motion carried. 85901 - HOLD HEARING --This being the time and place of hearing the Mayor called for written and oral objections and there were none. Moved by Getty, seconded by Lichty that "Resolution confirming the approval of plans, specifications, etc., for the F.Y. 1984 Street Reconstruction Program, Contract No. 257", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-241. 85902 - Moved by Klinger, seconded by Getty that "Resolution ordering construction for the F.Y. 1984 Street Reconstruction Program, Contract No. 257", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-242. 85903 - Moved by Getty, seconded by Lichty to receive, file, and instruct Deputy Clerk to open and read bids, and refer to City Engineer for the F.Y. 1984 Street Reconstruction Program, Contract No. 257 for review and recommendation: (see CR#85932 for award of contract) Bidder Aspro, Inc. Waterloo Cedar Falls Const., C. F. Cedar Valley Corp. Peterson Cont., Inc. Motion carried. Bid Bond Amount 57. $7084 57. $760,336.49 57. $717,901.64 5% $729,216.00 June 18, 1984 Page Two HEARINGS AND BIDS CONTINUED 85904 - Moved by Dowie, seconded by Wright that proof of publication of notice of public hearing on plans, specifications, etc., and taking of bids for the F.Y. 1984 Lowder Road Area Sanitary Sewer Project, Phase II, Contract No. 262 as published in the Waterloo Courier on June 1, 1984, be received and placed on file. Motion carried. 85905 - 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 "Resolution adopting plans, specifications, etc.", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-243. 85906 - Moved by Getty, seconded by Klinger to receive, file, instruct Deputy Clerk to open and read bids, and refer to City Engineer for the F.Y. 1984 Lowder Road Area Sanitary Sewer Project, Phase II, Contract No. 262 for review and recommendation: (see CR#85933 for award of contract): Bidder Amount Ernster & Company, Inc. $267,352.05 Happel Excavating, Inc. Strawberry Pt. $242,821.74 Lehman Trucking & Excavating Inc. $180,601.00 NUOON Construction, Waverly $239,611.72 RWF Const., Council Bluffs $155,548.39 Van Hauen-Keller Cont. W. Des Moines $378,053.00 Motion carried. ORAL PRESENTATIONS 85907 - Councilman Seeber presented a letter of request from Grace United Methodist Church, E. 5th at Walnut to change the flow of traffic on E. 5th Street towards the church. Moved by Dowie, seconded by Klinger that the above request be received, placed on file, and referred to the Transportation Program Manager and the City's Consultant on the 5th and 6th Street Project. Motion carried. 85908 - Bennie Warren, 1210 Columbia Street, asked why his driveway had not been replaced when the street was paved. Eric Thorson, City Engineer, reported that the City does not replace illegal curb cuts, and that no permit had been obtained from the owners. Moved by Dowie, seconded by Klinger that the above comments be received, placed on file, and referred to the City Engineer for review, and that future action in regard to this matter not be precedent setting. Motion carried. June 18, 1984 PETITIONS FROM PUBLIC 85909 - Moved by Klinger, seconded by Wright io Page Three that request of Fred Ritchie, 251 Valley Road to reduce platted setback line located east of Valley Drive between Pleasant Valley Drive and Maynard Avenue, together with petition of approval of 85% of residents within Pleasant Valley Subdivision and Planning, Programming and Zoning Commission's recommendation of denial, be received, placed on file, and "Resolution setting date of hearing as June 25, 1984 at 7:00 p.m. in the City Hall Council Chambers on above described request", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-244. 85910 - Moved by Getty, seconded by Wright that request of Frank Donovan, 3909 Monterey Drive to vacate three (3) foot of an eight (8) foot utility easement in Central Heights II Addition, together with recommendation of denial of the Planning, Programming and Zoning Commission be received, placed on file, and "Resolution setting date of hearing as July 9, 1984 at 7:00 p.m. in the City Hall Council Chambers on above described request", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-245. 85911 - Moved by Getty, seconded by Wright that request of James Blackledge to rezone from "R-2" One & Two Family Residence District to "C-1" Commercial District property located at the northwest corner of the intersection of Ansborough Avenue and Black Hawk Road, together with Planning, Programming & Zoning Commission's recommendation of denial be received, placed on file, and "Resolution setting date of hearing as July 9, 1984 at 7:00 p.m. in the City Hall Council Chambers on above described request", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-246. 85912 - Moved by Getty, seconded by Wright that request of Harvey and Patricia Jackson to vacate, sell, and convey portion of sixteen (16) foot alley located between Rhey Street and Linden Avenue and south of Independence Avenue, with retention of permanent utility easement over, under, and above said parcel together with Planning, Programming & Zoning Commission's recommendation of approval be received, placed on file, and "Resolution setting date of hearing as July 9, 1984 at 7:00 p.m. in the City Hall Council Chambers on above described request", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-247. June 18, 1984 Page Four UNFINISHED BUSINESS 85913 - Mayor Bowers stated that this lease deals with time change only and that the lease price will be $65,000/year, as contained in previous lease arrangements. Moved by Wright, seconded by Penaluna that agreement with National Cattle Congress for McElroy Auditorium, dated June 18, 1984 be received, placed on file, and "Resolution approving said document", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Five. Nays: Seeber and Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-248. 85914 - Moved by Dowie, seconded by Klinger that communication from City Engineer transmitting recommendation on award of contract to Rampart Corp., of Waterloo, Iowa, for F.Y. 1984 200 block Baltimore Sanitary Sewer Replacement, Contract No. 265 in the amount of $104,728.88 be received, placed on file, approved and "Resolution awarding said contract to Rampart Corp., in the amount of $104,728.88", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-249. 85915 - Moved by Klinger, seconded by Penaluna that the Community Development Board Minutes of May 8, 1984, be received and placed on file. Motion carried. 85916 - Moved by Getty, seconded by Dgwie that communication from Planning, Programming and Zoning Commission transmitting proposed F.Y. 1985 General Obligation Bond Sale Program in the amount of $8,000,000, together with Public Works Committee's recommendation of approval be received, placed on file, approved and Deputy Clerk/Auditor instructed to direct the Ahlers Law Firm & Speer Financial Consultant to prepare the necessary documentation for July 1984 Bond Sale. Motion carried. 85917 - Councilman Seeber presented the recommendation of the Insurance Committee who had reviewed proposals for employee's Health, Dental, Prescription Drug and Life Insurance Program. He reported that the Committee recommended approval of a one (1) year contract with Blue Cross/Blue Shield. Prior to acceptance of the Blue bid, however, it will be necessary to meet with the respective bargaining units and to discuss several alternative proposals put forth by said company. June 18, 1984 REPORTS CONTINUED Page Five 85917 - Moved by Seeber, seconded by Getty (Cont) that the City of Waterloo accept the proposal from Blue Cross/Blue Shield for a one (1) year contract for City employees, as described above, with a recommendation on the alternatives to be forthcoming on June 25, 1984. Prior to a vote on this motion, the following motion was offered: Moved by Seeber, seconded by Penaluna that action on City employee's Health, Dental, Prescription Drug, and Life Insurance Program be tabled until June 25, 1984. Ayers: Seven. Motion carried. Councilperson Klinger asked that the Council be supplied with additional information concerning each proposal. 85918 - Moved by Seeber, seconded by Wright that the Health Maintenance Organization (HMO) be authorized to solicit City employees for open enrollment beginning July 2, 1984, with mailings to be distributed through the Clerk/Auditor's Office, at HMO's cost. Ayes: Six. Nays: Lichty. Motion carried. 85919 - Moved by Dowie, seconded by Penaluna that communication from Transportation Program Manager transmitting agreements with Brice, Petrides and Associates, Inc., for construction engineering services for Project No. IX -6579(1)--79-07, East Park Avenue Construction Engineering Contract be received, placed on file, and "Resolution approving said document", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-250. 85920 - Prior to a vote on the Change Order described below, Mayor Bowers reported that this expenditure would allow culverts to be constructed at various intersections prior to pavement work. This work would be a permanent improvement but would not impact drainage problems the area is experiencing. Assessments account for 20% of the total project cost. Moved by Getty, seconded by Klinger that communication from City Engineer transmitting Change Order No. 2 for F.Y. 1984 Maywood Area Paving, Contract No. 256, for increase in contract of $77,119.35 together with recommendation of approval be received, placed on file, approved and Mayor and Deputy Clerk/Auditor instructed to execute same. Ayes: Six. Nays: Lichty. Motion carried. June 18, 1984 Page Six DOCL>NIENM CONTINUED 85921 - Moved by Klinger, seconded by Getty that lease agreement with Iowa Public Service for parking lot located at Rock Island & Vaughn Street known as Lots 13 & 14, Blk. 26, Westfield Addition, for one year from date of June 1, 1984, in the amount of $1.00 per year, together with recommendations of approval of Planning, Programming, and Zoning and City Attorney be received, placed on file, approved, and 'Resolution approving said document", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-251. RESOLUTIONS TO BE ADOPTED 85922 - Moved by Wright, seconded by Seeber that "Resolution authorizing the Mayor to accept on behalf of the City of Waterloo effective July 2, 1984, the assumption of operation and maintenance responsibilities for the flood protection devices constructed as part of Blowers Creek Stage V -G by the Corps of Engineers for the local flood control project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-252. 85923 - Moved by Penaluna, seconded by Seeber that 'Resolution transferring from the Tax Increment Financing Fund the sum of Seventy -Eight Thousand Eighty Two Dollars and 07/100 ($78,082.07) to the Debt Service Fund", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-253. 85924 - Moved by Penaluna, seconded by Seeber that "Resolution transferring from the Trust and Agency Fund the sum of Nineteen Thousand Seven Hundred Twelve and 33/100 Dollars ($19,712.33) to the General Fund", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-254. 85925 - Moved by Penaluna, seconded by Seeber that 'Resolution transferring fron the General Fund the sum of Twenty -One Thousand Five Hundred Dollars ($21,500.00) to the Paving #176 Bond Fund", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-255. 85926 - Moved by Penaluna, seconded by Dowie that "Resolution authorizing an amendment to the Loan Agreement Bond Sale for Swisher and Cohrt Law Office Project Industrial Revenue Bond, Series 1982 in the amount of $400,000.00", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-256. June 18, 1984 Page Seven RESOLUTIONS TO BE ADOPTED CONTINUED 85927 - Tim Ince, Assistant City Attorney reported that when the city purchased the property a sum of $40,000 had been withheld to pay liens against the property. In calculating the liens, several assessments were not picked up or paid. The approximate $9,000 of remaining unpaid amounts must be cancelled prior to closing. Moved by Getty, seconded by Lichty that 'Resolution authorizing the cancellation of certain property taxes, paving assessments, and levy for the Self Supported Municipal Improvement District for property purchased from Johnny and Janice Rice now a part of Conway Plaza Development, located at W. 4th and Commercial Street", be adopted and Deputy Clerk/Auditor instructed to notify the County Treasurer accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-257. 85928 - Moved by Wright, seconded by Klinger that 'Resolution by City Council of the City of Waterloo, as the Waterloo Housing Authority, approving final application for Comprehensive Improvements Assistance Program Funds and making applicable certifications Re Project IA50003", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-258. ORDINANCES TO BE ADOPTED 85929 - Moved by Getty, seconded by Klinger that "Ordinance establishing and designating boundaries of Urban Revitalization District known as West Washington Urban Revitalization Area W. Park Avenue, Washington Street, South Street and W. Mullan", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 85930 - Moved by Seeber, seconded by Getty that "Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection 16-5(a), regarding number of containers allowed, of Chapter 16, Garbage and Refuse; and enacting in lieu thereof New Subsection 16-5(a), regarding number of containers allowed, of Chapter 16, Garbage and Refuse", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 85931 - Moved by Wright, seconded by Dowie that "Ordinance amending Ordinance "To. 2644, known as the Traffic Code, by repealing Subsections (20) Donald Street, (54) Kimball Ave. and (55) Kimball Avenue, of Section 541, increasing speed limits in certain areas; and by enacting in lieu thereof New Subsections (20) Donald Street, (20a) Donald Street, (54) Kimball Avenue and (55) Kimball Avenue to Section 541, increasing speed limits in certain areas", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. June 18, 1984 NEW BUSINESS Page Eight 85932 - Eric Thorson, City Engineer reported that the bid of Aspro, Inc in the amount of $703,342.84 was in order and recommended approval. This bid was for asphalt surfacing for all streets. Moved by Penaluna, seconded by Seeber that "Resolution awarding contract to Aspro, Inc., for F.Y. 1984 Street Reconstruction Program, Contract No. 257 in the amount of $703,342.84", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-259. 85933 - Eric Thorson, City Engineer, reported that the bid of RWF Construction, Inc., Council Bluffs, in the amount of $155,548.39 was in order and recommended approval. Moved by Getty, seconded by Klinger that "Resolution awarding contract to RWF Construction, Inc., for the F.Y. 1984 Loader Road Area Sanitary Sewer Project, Phase II, Contract No. 262 in the amount of $155,548.39", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-260. 85934 - Moved by Dowie, seconded by Seeber that authorization be given to the Deputy Clerk/Auditor to publish notice to bidders on the east Park Avenue Reconstruction Project No. IX -6579(1)--79-07. Motion carried. 85935 - Moved by Seeber, seconded by Wright that communication from Recreation Commission on the appointment of Sharon Andreassen as Clerk/Receptionist be received and placed on file. Motion carried. 85936 - Moved by Penaluna, seconded by Klinger that communication from Fire Chief transmitting the retirement of Robert G. Rohle and entitlement to vacation and sick pay in the amount of $16,802.50 be received, placed on file, approved and "Resolution approving said payment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-261. 85937 - Moved by Getty, seconded by Dawie that communication from Police Department on the appointment of Charles F. Hosier as Dispatcher be received and placed on file. Motion carried. June 18, 1984 NEW BUSINESS CONTINUED 85938 - Moved by Klinger, seconded by Penaluna Page Nine that authorization be given to the establishment of a Laboratory Technician II position at the Water Pollution Control Plant. Motion carried. MISCELLANEOUS 85939 - Moved by Dowie, 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: Beer and Liquor License Application Permit Class C Knights of Columbus, 1955 Locke Avenue, (Renewal) (Expires 7/1/85) plus Sunday sales T.E.E.N.S. Nightclub, 321 E. 4th (New) (Expires 5/15/85) The Other Bar, 735 Logan, (Renewal) (Expires 6/28/85) Order of Eagles, 202 E. 1st, (Renewal) (Expires 7/1/85) plus Sunday sales Veteran's of Foreign War, 612 Jefferson, (Renewal) (Expires 7/4/85) plus Sunday sales Maples Lanes, 2608 University, (Renewal) (Expires 7/10/85) plus Sunday sales Beer License Application Permit plus Sunday sales Class C R & G Oil Company, Inc., 600 Cleveland Street,i(Renewal) (Expires 7/6/85) Dane Street Market, 521 Diane Street, (Renewal) (Expires 7/8/85) One Stop Food Mart #2, 1622 University Avenue, (Renewal) (Expires 6/29/85) Gordy's Food, 2052 Logan Avenue, (Renewal) (Expires 7/11/85) plus Sunday sales Motion carried. 85940 - Moved by Dowie, seconded by Wright that the following Fireworks Display Application be received, placed on file and approved: Waterloo Baseball, Inc., 850 Park Road Motion carried. 85941 - Moved by Penaluna, seconded by Wright that licenses be issued to the following cabs (Yellow Cab Company) effective through date of April 30, 1984: Cab No. VIN. Number Plate No. # 36 #1 L35U4J1 42354 #JAN 0 # 32 #1L69H5J209112 #JAN 067 # 7 #1L45R3J188090 #JAN 903 # 16 #1M35H2J233815 #JAN 932 # 10 #1 L45U4J1 22200 #JAN 902 subject to final inspection of Cab #36 by the Police Department. Motion carried. June 18, 1984 Page Ten 85942 - Moved by Dowie, seconded by Seeber that the report of City Attorney and list of bonds filed with Clerk through June 18, 1984 be received, placed on file and report and bonds approved. Motion carried. 85943 - City Attorney, Dave Tyler stated that the items could be discussed in Executive Session. Moved by Seeber, seconded by Klinger to adjourn to Executive Session, to discuss negotiation strategy and litigation authorization on Police Protective Assoc., and Lafayette Building. Motion carried. EXECUTIVE SESSION 85944 - Moved by Dawie, seconded by Penaluna that Executive Session be adjourned. Motion carried. 85945 - Moved by Penaluna, seconded by Seeber that the City Attorney take expeditious action to proceed with judicial demolition on the Lafayette Bldg., located at E. 4th and Lafayette Street. Ayes: Five. Nays: Getty and Lichty. Motion carried. 85946 - Moved by Dowie, seconded by Klinger that the City Attorney be instructed to proceed with the rectification and settlement of the contract for the Police Protective Assn. (beginning July 1, 1984), within the parameters of the publically adopted contractual agreement (see min. of 3/12/84, Resolution No. 1984-100). Ayes: Six. Nays: Lichty. Motion carried. 85947 - Moved by Penaluna, seconded by Getty that the Council adjourn. Motion carried. Michelle Temeyer Deputy Clerk/Auditor