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Home My WebLink About10/24/83 (2)October 17, 1983 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 17, 1983. Mayor Rooff in the Chair. Roll call: Getty, Penaluna, Wilharm, Roehr, Dowie, Burton, Bowers. Invocation by Getty 84847 - Moved by Roehr, seconded by Dowie that the Agenda, as amended for the Regular Session of October 17, 1983 at 7:00 p.m., be accepted and approved. Motion carried. 84848 - Moved by Burton, seconded by Bowers that the Minutes of the Regular Session held October 10, 1983 at 7:00 p.m., be approved. Motion carried. HEARINGS AND BIDS , 84849 - Moved by Wilharm, seconded by Roehr that proof of publication of notice of public hearing on plans, specifications and taking of bids on the F.Y. 1983 Highway 63 Pumping Station, Intercity Interceptor, Stage II, Contract No. 248 as published in the Waterloo Courier on September 20, 1983 be received and placed on file. Motion carried. 84850 - HOLD HEARING --This being the time and place of hearing, the Mayor called for oral and written objections and there were none. Moved by Roehr, seconded by Dowie that "Resolution confirming the approval of plans, specifications, etc.," be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-515. 84851 - Moved by Bowers, seconded by Burton that "Resolution ordering construction on above described contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-516. 84852 - Moved by Dowie, seconded by Bowers that all bids be received, placed on file, and Clerk instructed to open and read bids and refer to the City Engineer for review and recommendation in one (1) week. Bidder ivi Constructors Cramer Bros. Const. Moorhead Const. Co. Jens Olesen & Sons. Petersen Contractors Motion carried. Bid Amount Bid Bond $930,522.00 --5% $1,232,117.76 5% $1,749,495.00 5% $926,925.90 5% $998,784.10 5% October 17, 1983 HEARINGS 84853 - Moved by Roehr, seconded by Burton Page Two that proof of publication of notice of public hearing on dedication and conveyance of the ten foot parcel to Black Hawk Development Corporation in Woodland Knolls Addition as published in the Waterloo Courier on September 30, 1983 be received and placed on file. Motion carried. 84854 - HOLD HEARING --This being the time and place of hearing, the Mayor called for written and oral objections, and there were none. Moved by Wilharm, seconded by Burton that "Resolution accepting deed for a ten (10) foot parcel for storm sewer purposes between Lots 13 and 14 of Woodland Knolls Addition for Black Hawk Development Corporation and conveyance of said parcel to Black Hawk Development Corporation", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-517. The Mayor called for oral presentations and there were none. PETITIONS FROM PUBLIC 84855 - Moved by Roehr, seconded by Bowers that communication from Planning, Programming and Zoning Commission transmitting request of Mary Mangum to rezone from "C-1" Commercial District to "C -Z" Conditional Zoning District a parcel of land located north of Illinois Central Gulf Railroad and west of Chamberlain Mfg., together with recommendation of approval be received, placed on file and "Resolution setting date of hearing as November 7, 1983 at 7:00 p.m. in the City Hall Council Chambers on 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. 1983-518. 84856 - Moved by Wilharm, seconded by Dowie that communication from Planning, Programming and Zoning Commission transmitting request of Perpetual Savings & Loan for site plan amendment to allow for construction of Automatic Teller machine at existing facility located northeast of intersection of Kimball Avenue and Ridgeway Avenue, together with recommendation of approval be received, placed on file, and "Resolution setting date of hearing as November 7, 1983 at 7:00 p.m. in the City Hall Council Chambers on 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. 1983-519. 84857 - Moved by Burton, seconded by Bowers that request of Cedar Valley Corporation for variance to Ordinance No. 3094, Noise Ordinance, in conjunction with concrete work on Oneida and Manson Streets, together with recommendation of approval of Police Department be received, placed on file, and "Resolution approving said variance", be adopted, subject to contractor notifying the Police Department Shift Commander of commencing work. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-520. ,ON October 17, 1983 PETITIONS FROM PUBLIC CONTINUED 84858 - Moved by Wilharm, seconded by Roehr Page Three that communication from City Engineer transmitting request of Ralph Geweke for temporary asphalt driveway, at 1412 Longfellow Avenue together with recommendation of approval and $3.00 recording fee be received, placed on file, and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-521. UNFINISHED BUSINESS 84859 - Moved by Wilharm, seconded by Burton that communication from Recreation Commission transmitting recommendation on appointment of Jodi Budlong as Clerk/Receptionist, effective 10-10-83 be received and placed on file. (see CR84839 of October 10, 1983) Motion carried. 84860 - Moved by Penaluna, seconded by Roehr that communication from Assistant City Attorney transmitting response on recommendation of Reorganization and Reevaluation Committee to increase Board of Park Commisioners from three (3) to five (5) members be received, placed on file, and "Resolution setting date of hearing as October 24, 1983 on above described recommendation", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. (see CR84813 of 10/10/83) Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-522. 84861 - Moved by Wilharm, seconded by Dowie that communication from Clerk/Auditor transmitting recommendation of Finance Committee on award of FY 1983 Audit of City's Financial Records to Carney, Alexander and Marold, be received, placed on file, and "Resolution awarding said contract in the amount of $57,500 to Carney, Alexander and Marold", be adopted. Ayes: Seven.(see 84821 of October 10, 1983) Resolution adopted and upon approval by Mayor asigned No. 1983-523. REPORTS 84862 - Moved by Roehr, seconded by Burton that Community Development Board Minutes of September 19, 1983 be received and placed on file. Motion carried. 84863 - Moved by Roehr, seconded by Burton that communication from Deputy Clerk/Auditor transmitting City of Waterloo Financial Report for F.Y. 1983 be received, placed on file and "Resolution approving said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-524. October 17, 1983 Page Four DOCUMENTS 84864 - Moved by Wilharm, seconded by Bowers that communication from City Engineer transmitting Change Order No. 3 in conjunction with F.Y. 1983 Orange Grove Trunk Sewer, Stage I, Contract No. 247 from Lametti and Sons, Inc., for increase in contract of $9,800, together with recommendation of approval be received, placed on file, approved and Mayor and Clerk/Auditor instructed to execute same. Motion carried. 84865 - Moved by Roehr, seconded by Wilharm that communication from City Engineer transmitting contract, bond, and certificate of insurance from Lehman Trucking & Excavating, Inc., in conjunction with F.Y. 1984 Street Drainage Program, Contract No. 260, together with recommendation of approval, be received, placed on file, and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor instructed to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-525. RESOLUTIONS TO BE ADOPTED Moved by Wilharm, seconded by Bowers 84866 - that "Resolution accepting and approving easement agreements for real property to the City and accepting and approving certain easements from Harold and Edna Oltrogge and Henry and Agnes Thies in conjunction with the Blowers Creek Flood Control Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-526. Moved by Wilharm, seconded by Bowers 84867 - that "Resolution authorizing and approving a permanent easement to the City of Waterloo from the Illinois Central Gulf Railroad in conjunction with the Blowers Creek Flood Control Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-527. ORDINANCES TO BE ADOPTED Moved by Dowie, seconded by Bowers 84868 - 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: Seven. Motion carried. Moved by Bowers, seconded by Burton 84869 - that "an Ordinance amending Ordinance No. 2479, as amended, Zoning Ordinance by adding Sub -section No. 208 to Section 2A-5, Rezoning Certain Property", be adopted. Ayes: Seven. (rezone from "C-1" Commercial District to "M-1" Light Industrial District -- Harold Rooff) Ordinance adopted and upon approval by Mayor assigned No. 3309. .._1 --"-% ''1 October 17, 1983 ORDINANCES TO BE ADOPTED CONTINUED 84870 - Moved by Roehr, seconded by Wilharm Page Five that an "Ordinance establishing the salary of the Mayor of the City of Waterloo, Iowa, and repealing Ordinance No. 316511, be received, placed on file, considered and passed for the second time. Ayes: Five. Nays: Penaluna and Dowie. Motion carried. 84871 - Moved by Wilharm, seconded by Roehr that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended, and that above ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Four. Nays: Penaluna, Burton, Dowie Motion not carried. NEW BUSINESS 84872 - Moved by Penaluna, seconded by Roehr that communication from Mayor Leo P. Rooff transmitting recommendation on appointment of Amy Lockard to Cablevision Commission with term expiration of December 1, 1983 be received, placed on file and approved. Motion carried. 84873 - Moved by Wilharm, seconded by Getty that the following request for permission to attend functions with expenses not to exceed amounts shown, be received, placed on file and approved: Attend Functions Deputy Clerk/Auditor to attend the Iowa Municipal Finance Officers Association, Des Moines, Iowa, October 19-21, 1983 cost not to exceed $153.00. Motion carried. MISCELLANEOUS 84874 - Moved by Wilharm, seconded by Roehr 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 — - - - 77—F -Company, dba The Quality Bar of Waterloo, Inc., (New) (Expires 10/18/84) plus Sunday sales. Shadto, 809 E. 4th Street, (Renewal) (Expires 10/19/84). Gur-Land, Inc., dba The Brown Bottle, 209 W. 5th, (Renewal) (Expires 10/22/84) plus Sunday sales. Beer License Permit Application Class TT77il Company, Inc., 600 Cleveland Street, (Renewal) (Expires 11/19/84). Ken Heiple, dba Hipe's Grocery, 1055 Longfellow, (Renewal) (Expires 10/19/84). Motion carried. October 17, 1983 MISCELLANEOUS CONTINUED 84875 - Moved by Roehr, seconded by Wilharm Page Six that the following Alarm Permit Application be received, placed on file and approved: ADT Company, Rock Island, Illinois Motion carried. BONDS 84876 - Moved by Wilharm, seconded by Roehr that the report.of City Attorney and list of bonds filed with Clerk through October 17, 1983 be received, placed on file and report and bonds approved. Motion carried. 84877 - The City Attorney reported that the purpose for the Executive Session was authorized by the Open Meetings Law. Moved by Roehr, seconded by Bowers that the Council meet in Executive Session to discuss litigation strategy. Ayes: Seven. Motion carried. EXECUTIVE SESSION 84878 - Moved by Wilharm, seconded by Burton that the Executive Session be adjourned. Motion carried. 84879 - Moved by Wilharm, seconded by Burton that "Resolution authorizing the Mayor to execute the addendum to the Collective Bargaining Agreement between the City of Waterloo, Iowa and Teamsters Union Local No. 844, over the Road and City Cartage Drivers, Helpers and Dock Workers, Construction Drivers and Helpers and Allied Employees of Waterloo, Iowa", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-529. 84880 - Moved by Wilharm, seconded by Bowers that the City Attorney be instructed to prepare and file an Appeal in District Court in regard to Public Employment Relations Board, decision between City of Waterloo and Waterloo Association of Firefighters, Local No. 66 (Case No. 2325 and No. 2413). Ayes: Seven. Motion carried. An.ini 1RNMFNT 84881 - Moved by Getty, seconded by Dowie that the Council adjourn. Motion carried. Larry P. Burger Clerk/Auditor