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HomeMy WebLinkAbout08/19/1985August 19, 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 19, 1985. Mayor Bowers in the Chair. Roll call: Wright, Dowie, Seeber, Getty, Lichty, Penaluna, and Klinger. Invocation by Klinger. 87915 - Moved by Dawie, seconded by Wright that the Agenda, as amended, for the Regular Session of August 19, 1985, at 7:00 p.m., be accepted and approved. Motion carried. 87916 - Moved by Wright, seconded by Seeber that the Minutes of the Special Meeting of August 8, 1985 and Regular Session held August 12, 1985, at 7:00 p.m., be approved. Motion carried. ORAL PRESENTATIONS 87917 - Chuck Adams, President of Citizens for Community Improvement (CCI), asked that the City Council encourage the Iowa Commerce Commission to release money to the metropolitan area for energy conservation loan program administered by Iowa Public Service Company. Residential customers may use this loan money for replacement of furnaces and other energy efficient devices. Moved by Dowie, seconded by Wright that the Mayor be instructed to write a letter to the Iowa Commerce Commission as requested above. Motion carried. 87918 - Irma Gossman, 204 Linden Avenue, asked the Council's support on requiring the Iowa Commerce Commission to conduct a public hearing in Waterloo on Iowa Public Service's proposed 15% increase in Natural Gas prices. Mayor Bowers indicated that he personally would lend his support to this program and that City support is not appropriate on this matter. Mike McClure, 1230 Calhoun Street, complained of the work being done in the Maywood Area in conjunction with the F.Y. 1985 Maywood Storm Sewer Improvements, Area I, II, III, Contract No. 278. He reported that the contractor (Winmore Construction Company) has stated that the sewer will not function after its completion. He also stated that he had received four different answers frau City Hall on whether or not he could construct a garage in his rear lot as a result of an easement through his property. He also complained that not everyone in the neighborhood was being paid for the easements. Evelyn Sawyer, 1240 Calhoun Street, also complained about the offer for an easement from a City staff person. Councilperson Dowie stated that a meeting should be held between the neighborhood residents and City staff explaining the project and its perimeters. Harriet Hutchins, 1035 Calhoun Street, stated that property owners had received varying amounts for easements acquired in conjunction with the project. Jim Lindsey, Community Development Administrator, explained that residents are paid for easements only if the easement makes the property unbuildable (per zoning requirements). Dorothy Nelson, 500 Bishop Street, stated that she had heard that if she did not sign an easement agreement with the City that she would be assessed for the project cost. August 19, 1985 Page Two ORAL PRESENTATIONS CONTINUED Mike McCombs, representing his father who resides in the Maywood Area, stated that he had heard that his property would be taken if he did not sign an easement agreement with the City. Mayor Bowers indicated that he was satisfied with the City's handling of this matter and stated that he, Councilperson Lichty and City staff would meet with area residents at the construction site on Tuesday morning at 8:30 a.m. Jean Crawford, 528 West Wellington Street, requested that the City consider keeping the Animal Control Division within the jurisdiction of the City of Waterloo. Ernie Klatt, 908 Prairie Meadow Court, stated that money is available for the dredging of the Cedar River through a state program and that the sand removed from the river could be used by a local contractor. Mayor Bowers emphatically stated that the rumors regarding of Fire Station No. 5 are false. The City nor the Fire Chief have any intentions of closing this station. Fire Chief Olson also reiterated this viewpoint. A citizen also inquired as to how City Departments are authorized to purchase large equipment i.e. truck and vehicles. Councilperson Dowie, Chairperson of the Finance Committee, indicated that authorization to seek bids on such items are requested through the Finance Committee and that bids are opened publicly as required by law. Julie Moses, speaking for her father who resides at 182 Greenwood Street, stated her father's concerns about the amount being offered to him for the purchase of his home in conjunction with the bridge over the Cedar River. Jim Lindsey, Community Development Administrator, explained that the Iowa Department of Transportation has made offers to residents in the area and that they have guidelines that rust be adhered to in the purchase of this property. Mayor Bowers stated that proceeds for RAGBRAI benefitted all of Waterloo and that the Crossroads Center contributed $1,000.00 for expenses for the event. The transfer of money from Independence Avenue to Road Use Tax Fund (see Resolution No. 1985-460 of August 12, 1985) for purchase of a paint machine will not in any way hinder the construction schedule for repair to Independence Avenue. Moved by Dowie, seconded by Wright that the above oral comments be received and placed on file. Motion carried. 87919 - Councilperson Getty asked that the temporary beer garden permit authorized by the City Council for The Jet, 451 W. Parker Street, be referred to the Planning, Programming and Zoning Commission and the City Attorney to review for compliance with appropriate ordinances and that this item be placed on the City Council agenda of August 26, 1985 for further discussion. PETITIONS FROM PUBLIC Moved by Dowie, seconded by Seeber that communication from Cedar Valley Corporation for variance to noise ordinance in conjunction with F.Y. 1986 Street Reconstruction Program, Contract No. 290, together with recommendation of approval of City Engineer be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-469. REPORTS 87920 - Moved by Wright, seconded by Penaluna that communication from Clerk/Auditor transmitting F.Y. 1985 Street Finance Report -Road Use Tax Fund be received, placed on file, and "Resolution approving said document", be adopted and Clerk/Auditor instructed to forward said document to the Iowa Department of Transportation. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-470. August 19, 1985 Page Three REPORTS CONTINUED 87921 - Moved by Wright, seconded by Penaluna that Community Development Board Minutes of July 9, 1985 and July 24, 1985 Special Meeting be received and placed on file. Motion carried. 87922 - Moved by Wright, seconded by Penaluna that Financial Report for Ridgeway Towers and Section 8 Existing Housing for July 1985 be received and placed on file. Motion carried. 87923 - Moved by Wright, seconded by Penaluna that Waterloo Public Library Minutes of July 12, 1985 be received and placed on file. Motion carried. 87924 - Moved by Wright, seconded by Penaluna that Waterloo Recreation Minutes of August 8, 1985 be received and placed on file. Motion carried. 87925 - Moved by Wright, seconded by Penaluna that Planning, Programming and Zoning Commission Minutes of July 15, 1985 be received and placed on file. Motion carried. DOCUMENTS 87926 - Moved by Dowie, seconded by Getty that utility agreement with Waterloo Cablevision for Hoff Road Project No. IX -6587(4)--79-07 be received, placed on file and "Resolution approving agreement", be adopted and Mayor and Clerk/Auditor instructed to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-471. 87927 - Moved by Dowie, seconded by Getty that utility agreement with Waterloo Cablevision for W. 4th Street Project No. IX -6583(1)--79-07 be received, placed on file and "Resolution approving agreement", be adopted and Mayor and Clerk/Auditor instructed to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-472. 87928 - Moved by Dawie, seconded by Getty that contracts for Final Design Consultant Engineering Services with Robinson Engineering Company for Dysart Road Project No. IX -6691(1)--79-07 be received, placed on file and "Resolution approving contracts", be adopted and Mayor and Clerk/Auditor instructed to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-473. 87929 - Moved by Dowie, seconded by Getty that agreement with Chicago and Northwestern Transportation Company for Intercity Interceptor, Stage IV, F.Y. 1985 Highway 63 Pumping Station Storage Units, Contract No. 255, be received, placed on file and 'Resolution approving agreement", be adopted and Mayor and Clerk/Auditor instructed to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-474. August 19, 1985 Page Four DOCUMENTS CONTINUED 87930 - Moved by Dowie, seconded by Getty that communication from City Engineer transmitting Change Order No. 1 for net increase of $40,540.68 for inclusion of 400 block of Rachael Street with the F.Y. 1986 Street Reconstruction Program, Contract No. 290, be received, placed on file and Mayor and Clerk/Auditor instructed to execute same. Motion carried. 87931 - Moved by Dowie, seconded by Getty that Project Status Report - Street Reconstruction Program, R.U.T. 5 be received, placed on file and "Resolution approving said report", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-475. 87932 - Moved by Dowie, seconded by Getty that Intergovernmental (28E) Agreement for Eldora Road with City of Hudson and Black Hawk County from Acker Road to U.S. Highway 63, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor instructed to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-476. 87933 - Moved by Dowie, seconded by Getty that communication from City Engineer transmitting Supplemental Agreement No. 1 with Jensen, Cary & Shoff for Construction Engineering Services (staking) for F.Y. 1986 Street Reconstruction Program, Contract No. 290, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor instructed to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-477. 87934 - Moved by Dowie, seconded by Getty that communication from Waterloo Redevelopment Authority transmitting Agreement with the MATCH Institution for technical assistance in developing a leasing program and marketing strategy for downtown properties, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-478. 87935 - Moved by Dawie, seconded by Getty that Final Environmental Assessment/Draft Section 4(f) Statement and Location/Design Study on Donald Street Project No. IX -6662(1)--79-07, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-479. RESOLUTIONS TO BE ADOPTED 87936 - Moved by Getty, seconded by Seeber that "Resolution approving purchase of Parcel No. 8 and 36 from Miller Development Company for Wagner Road", be adopted. Ayes: Six. Nays: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1985-480. 87937 - Moved by Getty, seconded by Seeber that "Resolution approving permanent and temporary easement on Parcel No. 8 and 36 from Miller Development Company for Wagner Road", be adopted. Ayes: Six. Nays: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1985-481. August 19, 1985 Page Five RESOLUTIONS TO BE ADOPTED CONTINUED 87938 - Moved by Getty, seconded by Seeber that "Resolution authorizing to proceed with condemnation of Parcel No. 6 for San Marnan Project (United Concrete, Inc.)", be adopted. Ayes: Six. Nays: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1985-482. 87939 - Moved by Getty, seconded by Seeber that "Resolution authorizing purchase of Parcel No. 12 frau Engineered Equipment Company for Wagner Road", be adopted. Ayes: Six. Nays: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1985-483. ORDINANCES TO BE ADOFfl D 87940 - Moved by Klinger, seconded by Penaluna that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection 215 to Section 2A-5, Rezoning Certain Property ("A-1" Agricultural District to "R-2" One and Two Family Residence District, "R-4" Multiple Family Residence District and "C-2" Commercial District property located North of Ridgeway Avenue and Southeasterly of Sergeant Road)", be received, placed on file, passed and considered for the second time. Ayes: Seven. Motion carried. 87941 - Moved by Dowie, seconded by Klinger 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. 87942 -Moved by Penaluna, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection 215 to Section 2A-5, Rezoning Certain Property ("A-1" Agricultural District to "R-2" One and Two Family Residence District, "R-4" Multiple Family Residence District and "C-2" Commercial District property located North of Ridgeway Avenue and Southeasterly of Sergeant Road)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3399. 87943 - Moved by Klinger, seconded by Seeber that "an Ordinance reducing the building setback line along Derbyshire Road at 705 Prospect Boulevard from 30' to 20", be received, placed on file, passed and considered for the second time. Ayes: Seven. Motion carried. 87944 - Moved by Dowie, seconded by Penaluna 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. 87945 - Moved by Dowie, seconded by Seeber that "an Ordinance reducing the building setback line along Derbyshire Road at 705 Prospect Boulevard from 30' to 20", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3400. August 19, 1985 Page Six ORDINANCES TO BE ADOPUD CONTINUED 87946 - Moved by Wright, seconded by Klinger that "an Ordinance amending the traffic code by repealing Subsection (5) Beech Street of Subsection 2 of Section 569, Truck Traffic prohibited on certain streets, and enacting in lieu thereof a new Subsection (5) Beech Street to Section 2 of Section 569, Truck Traffic prohibited on certain streets", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 87947 - Moved by Wright, seconded by Penaluna 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. 87948 - Moved by Wright, seconded by Seeber that "an Ordinance amending the traffic code by repealing Subsection (5) Beech Street of Subsection 2 of Section 569, Truck Traffic prohibited on certain streets, and enacting in lieu thereof a new Subsection (5) Beech Street to Section 2 of Section 569, Truck Traffic prohibited on certain streets", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3401. 87949 - Moved by Getty, seconded by Wright 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. 87950 - Moved by Klinger, seconded by Seeber that "an Ordinance amending the traffic code by repealing Subsections (a) and (b) of Section 343, Parking Rates for cash patrons, and enacting in lieu thereof a new Subsection (a) to Section 343, Parking Rates for cash patrons", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3402. NEW BUSINESS 87951 - Moved by Dawie, seconded by Wright to instruct City Engineer to prepare plans, specifications, etc., for the F.Y. 1985 Intercity Interceptor, Stage V Fifth and Sixth Street Crossings, Contract No. 282. Motion carried. 87952 - Moved by Dawie, seconded by Wright to receive and file plans, etc. and "Resolution preliminarily approving plans and specifications for the F.Y. 1985 Intercity Interceptor, Stage V Fifth and Sixth Street Crossings, Contract No. 282", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-484. August 19, 1985 NEW BUSINESS CONTINUED Page Seven 87953 - Moved by Dowie, seconded by Wright that "Resolution setting date of hearing as September 9, 1985 at 7:00 p.m. in the City Hall Council Chambers on plans and taking of bids on the F.Y. 1985 Intercity Interceptor, Stage V Fifth and Sixth Street Crossing, Contract No. 282", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-485. 87954 - Moved by Dowie, seconded by Wright to instruct City Engineer to prepare plans, specifications, etc. for the F.Y. 1986 East Side Parking Ramp Repairs, Phase II, Contract No. 292. Motion carried. 87955 - Moved by Dowie, seconded by Wright to receive and file plans, etc. and 'Resolution preliminarily approving plans and specifications for the F.Y. 1986 East Side Parking Ramp Repairs, Phase II, Contract No. 292", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-486. 87956 - Moved by Dowie, seconded by Wright that 'Resolution setting date of hearing as September 9, 1985 at 7:00 p.m. in the City Hall Council Chambers on plans and taking of bids on the F.Y. 1986 East Side Parking Ramp Repairs, Phase II, Contract No. 292", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-487. 87957 - Moved by Dowie, seconded by Wright that communication from Police Chief transmitting the appointment of Becky Christie and Jimmy Schmidt to the Waterloo Police Department, be received, placed on file and approved. Motion carried. 87958 - Moved by Dawie, seconded by Wright that communication frau Fire Chief reporting death of Richard H. Locke from the Fire Department together with payment of accumulated sick leave and vacation pay in the amount of $10,013.19 be received, placed on file, approved and 'Resolution approving said payment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-488. 87959 - 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 Larry P. Burger and Donald J. Planning and Development Director Municipalities Convention, Cedar 1985, cost not to exceed $353.00. Roger Shook, Police Chief, to attend the 92nd Annual Conference International Association of Chiefs of Police, Houston, Texas, October 11-17, 1985, cost not to exceed $947.00. Temeyer, City Clerk/Auditor and to attend 1985 League of Iowa Rapids, Iowa, September 25-27, Motion carried. August 19, 1985 Page Eight MISCELLANEOUS 87960 - Moved by Getty, 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 and the Cigarette License be approved. Beer and Liquor License Application Permit Class C 929 Tap, 929 W. 5th Street, (Renewal) (Expires 9/1/86) Narey's 19th Hole, 2073 Logan, (Renewal) (Expires 8/23/86) Beer and Wine License Application Permit Class E Quik Trip #536, 117 San Marnan Drive, (New) (Expires 9/5/86) plus Sunday sales Siech's Varly Drug Inc., 908 La Porte Road, (Renewal) (Expires 9/1/86) plus Sunday sales Cigarette Permit Q & T Pharmacy, 920 West 5th Street. Motion carried. ADJOURNMENT 87961 - Moved by Wright, seconded by Dowie that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor