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HomeMy WebLinkAbout05/13/1985May 13, 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 May 13, 1985. Mayor Bowers in the Chair. Roll call: Klinger, Penaluna, Lichty, Getty, Seeber, Dowie, Wright. Invocation by Seeber. 87378 - Moved by Wright, seconded by Getty that the Agenda, as proposed for the Regular Session of May 13, 1985, at 7:00 p.m., be accepted and approved. Motion carried. 87379 - Moved by Klinger, seconded by Dowie that the Minutes of the Regular Session held May 6, 1985, at 7:00 p.m., be approved. Motion carried. 87380 - Moved by Dowie, seconded by Lichty that the City Council adjourn to meet as the Board of Health. Motion carried. The Council of the City of Waterloo, Iowa, met as the Board of Health in the City Hall Council Chambers, Waterloo, Iowa, May 13, 1985. Roll call: Klinger, Penaluna, Lichty, Getty, Seeber, Dowie, Wright. Mayor Bowers in the Chair. 87381 - The Memorandum of Consent and Cooperation between the City of Waterloo and the Iowa State Department of Health known as a 28E Agreement was reviewed. Donna Balk, Coordinator of Health and Sanitation Department, reported that their department's recommendation was not to enter into this Agreement, as the State is already performing the task of investigating complaints of Health Care Facilities. Within the last year approximately twelve (12) complaint calls have been filed with the State concerning Health Care Facilities in Black Hawk County. Consensus of the Council was to delay action on this matter until Bill Mayes, Black Hawk County Health Director could be present to explain the need for this Agreement. Moved by Getty, seconded by Klinger that the communication from Black Hawk County Health Department transmitting the Memorandum of Consent and Cooperation between the Iowa State Department of Health and Black Hawk County for the purposes of investigating complaints of Health Care Facilities within the City limits of the City of Waterloobe received, placed on file and action delayed for one week. Motion carried. 87382 - Moved by Dowie, seconded by Lichty to adjourn to full Council. Motion carried. May 13, 1985 Page Two ORAL PRESENTATIONS 87383 - Mike Baker, 1300 Byron Avenue, asked why the sound system in the Council Chambers could not be better. Mayor Bowers reminded Councilmembers to speak into the microphone lapel. It was also suggested that at next week's Council Meeting the table model of microphones be utilized. Councilperson Wright read a letter from Orrin E. Miller, 1920 Franklin Street asking the Council not to oppose any limitations or restrict any activity in anyway during the 4th Street Cruise. Moved by Wright, seconded by Klinger that the above remarks be received and placed on file. Motion carried. PETITIONS FROM PUBLIC 87384 - MDved by Daaie, seconded by Wright that request of the Northeast Iowa Sports Car Club for variance to Ordinance No. 3094, Noise Ordinance, for Auto Cross to be held on June 9, 1985, together with map indicating the routing of said event and recommendation of approval from the Police Department be received, placed on file and "Resolution approving said variance", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-206. 87385 - Moved by Daaie, seconded by Wright that request of Crossroads Center Merchants Association for variance to Ordinance No. 3094, Noise Ordinance for a celebration to be held at Crossroads Center on the evening of July 25, 1985, for the RAGBRAI Riders at the upper level of the parking lot, together with recommendation of approval of the Police Department be received, placed on file and "Resolution approving said variance", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-207. 87386 - Moved by Daaie, seconded by Wright that communication from City Engineer transmitting request of Oma A. G. Fergurson for temporary asphalt driveway at 1530 Newell 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. 1985-208. REPORTS 87387 - Moved by Wright, seconded by Dowie that the City Auditor's Statement for April, 1985 be received and placed on file: Auditor's Balance - April 1, 1985 $26,689,191.20 Revenues - Property Tax 3,520,943.24 Revenues - City Clerk 340,989.99 Revenues - City Treasurer 2,093,718.20 Revenues - Transfers 5,303,243.47 Accounts Payable 1,864,006.70 Payrolls 1,393,042.23 Transfers 5,303,243.47 Auditor's Balance - April 30, 1985 Warrants Outstanding Treasurer's Balance - April 30, 1985 Motion carried. $29,387,793.70 714,530.49 $30,102,324.19 May 13, 1985 Page Three REPORTS CONTINUED 87388 -Moved by Wright, seconded by Dowie that the Minutes of the Waterloo Board of Park Commissioners held on April 10, 1985, be received and placed on file. Motion carried. 87389 - The communication frau Economic Development Committee transmitting recommendation on participation with the Waterloo Chamber of Commerce on Highway Relocation to assist affected property owners with the expenditure of $15,000 annually for the new position was reviewed. Chairperson Penaluna indicated that approximately 75 businesses representing $7.5 million dollars in assessed value lie within the 218 Corridor and will be affected by the new highway. These businesses generate approximately $220,000 in tax revenues annually. He recommended that the Council fund the program for one year with reevaluation of the program 9 to 10 months after the hiring of the new staff person. Weekly reports will be provided to the Council of progress in the relocation effort. Mayor Bowers indicated his support of this position and asked the Council's approval. Jim Bockelman, President of the Waterloo Chamber of Commerce, spoke in favor of the request and indicated that the City would be involved in the selection process for the new position. Moved by Penaluna, seconded by Dowie that said communication be received, placed on file and "Resolution approving said request", be adopted with weekly reports to the Council and reevaluation of the program 9 to 10 months after its initiation. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-209. DOCUMENTS 87390 - Moved by Seeber, seconded by Getty that communication from the City Engineer transmitting a Crossing Agreement with Chicago and North Western Transportation Company for 5th and 6th Streets (IX -6653(3)--79-07) 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. 1985-210. 87391 - Moved by Seeber, seconded by Getty that communication from the City Planner transmitting the revised Agreement No. 85-17-145 with the Iowa Department of Transportation for the installation of traffic signals at the north and south ramp terminals of Relocated Highway 20 with U.S. 63 in Waterloo (Project No. (IX -520-6(13)--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. 1985-211. May 13, 1985 Page Four DOCUMENTS CONTINUED 87392 - Moved by Seeber, seconded by Getty that communication from City Engineer transmitting recommendation of Acceptance for the F.Y. 1985 Installation of the Roof for Sewer Department Building at the Water Pollution Control Plant, Contract No. 280, with Chuck Heene Construction, Inc., be received, placed on file and "Resolution approving said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-212. 87393 - Moved by Seeber, seconded by Getty that communication from City Engineer transmitting Change Order No. 1 for the F.Y. 1985 Lafayette Street Sanitary Sewer Extension No. 2, Contract No. 275 for Rampart Corporation for a net increase of $1,668.45 together with recommendation of approval be received, placed on file, approved and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 87394 - Councilperson Seeber extended his thanks to the National Cattle Congress for their cooperation in approving this contract. Moved by Seeber, seconded by Getty that Amendment to Lease Agreement with the National Cattle Congress for McElroy Auditorium dated May 13, 1985, be received, placed on file and "Resolution approving said amendment to lease agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-213. Mayor Bowers reported that Councilperson Seeber has been appointed Chairperson of a task force to begin looking at a new ice facility. RESOLUTIONS TO BE ADOPTED 87395 - Moved by Klinger, seconded by Seeber that "Resolution accepting and approving the contract to sell real property to the City and accepting and approving deed for 1509 Rainbow Drive with the Reorganized Church of the Latter Day Saints for Parcel No. Y (Hackett Road By -Pass)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-214. 87396 - Moved by Penaluna, seconded by Klinger that "Resolution authorizing the destruction of certain records and papers as provided in Section No. 372.13 paragraph 5 of the 1981 Code of Iowa in the Clerk/Auditor's Office", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-215. ANN May 13, 1985 Page Five RESOLUTIONS TO BE ADOPTED CONTINUED 87397 - Moved by Getty, seconded by Klinger that "Resolution authorizing the Execution of a Memorandum of Agreement by and between the City of Waterloo, Iowa and James E. Walsh, Jr., Law Office Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-216. 87398 - Moved by Getty, seconded by Klinger that "Resolution fixing date of hearing as June 3, 1985, at 7:00 p.m. in the City Hall Council Chambers on proposed Qualified Urban Renewal Area Revenue Bonds, Series 1985 James E. Walsh, Jr., (Law Office Project) in an amount not to exceed $350,000", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-217. 87399 - Moved by Getty, seconded by Klinger that "Resolution authorizing the Execution of a Memorandum of Agreement by and between the City of Waterloo, Iowa and Omega Cabinets, Ltd", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-218. 87400 - Moved by Getty, seconded by Klinger that "Resolution fixing date of hearing as June 3, 1985, at 7:00 p.m. in the City Hall Council Chambers on proposed Industrial Revenue Bonds, Series 1985 (Omega Cabinets Expansion Project) in an amount not to exceed $800,000", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-219. 87401 - Donna Lesyshen, Assistant City Attorney, gave a brief overview of the amusement/entertainment ordinance including the requirements of the application and the $25.00 fee. Sharon Juon, Director of the Waterloo Downtown Council, indicated that the requirement of a $25.00 fee for each event may require each event during My Waterloo Days to be so licensed. If this were the case, this would put the My Waterloo Days event in jeopardy. Mayor Bowers indicated that he would not recommend approval of this ordinance at this time. W. David Tyler, City Attorney, indicated that the ordinance was developed as a result of meetings with the 4th Street Cruise Commission, persons and various other organizations following last year's cruise days. It was his understanding that the parties had mutually agreed to the requirements of this ordinance. He also indicated that the City Departments expend large amounts of money for such events including security, clean up, and planning. It was decided that a Committee be formulated to review the requirements of the ordinance and make changes as needed. Councilperson Getty agreed to convene this Committee. Dave Stein, Manager of Crossroads Center, asked to be on the Committee. Jim Miller of the Highland Area also requested membership on the Committee and invited the Mayor and Council to the Highland Festival on May 18, 1985. Moved by Lichty, seconded by Wright that the above remarks be received and placed on file. Motion carried. May 13, 1985 Page Six BILLS PAYMENT 87402 - Moved by Dowie, seconded by Seeber that 'Bills Resolution Schedule A and B", be adopted with said bills available in the Office of the Clerk/Auditor. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-220. 87403 - Moved by Klinger, seconded by Seeber that "Resolution approving the following pay estimates for amounts shown together with recommendation of approval: Conway Vicinity Salk, Contract No. 281 Pay estimate No. from Brice, Petrides & Assoc., in the amount of $109,936.00. East Park Avenue Improvements, Contract No. 263 (IX -6579(1)--79-07) Pay estimate No. 1 from Cedar Valley Corporation in the amount of $17,269.82. F.Y. 1985 Installation of Roof and Siding for a Sewer Department Building at Water Pollution Control Plant, Contract No. 280 Pay estimate No. 3 from Chuck Heene Construction Company in the amount of $440.80. F.Y. 1985 Street Reconstruction Program, Contract No. 283 Pay estimate No. 3 from Jensen Cary Shoff Consulting Engineers in the amount of $24,972.75. F.Y. 1985 Falls Avenue Trunk Sewer Intercity Interceptor, Stage III, Contract No. 254 Pay estimate No. 3 from McAninch Corporation in the amount of $136,360.72. F.Y. 1984 Lowder Contract No. 262 Pay estimate No. of $31,373.75. Road Area Sanitary Sewer Project, Phase II, 5 from RWF Construction Company in the amount F.Y. 1985 Lafayette Street Sanitary Sewer Extension No. 2 Contract No. 275 Pay estimate No. 1 from Rampart Corporation in the amount of $10,540.31. Dysart Road (frau Shaulis Road to Orange Road) IX -6691(1)--79-07 Pay estimate No. 6 from Robinson Engineering Company in the amount of $5,017.13. Hoff Road from West 4th Street to IX -6587(3)--79-07 Pay estimate No. 15 from Robinson amount of $2,299.33. West Shaulis Road Project No. Engineering Department in the Sixth Street Bridge, Contract No. 215 Pay estimate No. 23 from Shappart Engineering Company in the amount of $21,789.20. Kimball Avenue to Ridgeway Avenue to south City limits Project No. IX -6641(1)--79-07 Pay estimate No. 16 from Schenk Engineering Company in the amount of $5,927.50", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-221. May 13, 1985 rage Seven BILLS PAYMENT CONTINUED 87404 -Moved by Klinger, seconded by Seeber that "Resolution approving the following statement for amount shown together with recommendation of approval: Release retainage for Railroad Crossing Signalization at Linden Avenue - CRA#200-778-D Statement from Chicago & Northwestern Transportation in the amount of $907.68", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-222. NEW BUSINESS 87405 -Moved by Wright, seconded by Dowie that communication from Planning, Programming and Zoning Commission transmitting amendments to the Waterloo City Zoning Ordinance No. 2479, as amended, relating to Flood Plain Management together with recommendation of approval be received, placed on file and "Resolution setting date of hearing as May 28, 1985 at 7:00 p.m. in the City Hall Council Chambers on the Flood Plain Management changes", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-223. 87406 Moved by Wright, seconded by Dowie that the following requests for travel with expenses not to exceed amounts shown, be received, placed on file and approved: Travel Requests Sgt. Larry Johnson, Crime Prevention Officer, to attend Crime Prevention Institute at the University of Louisville, Louisville, Ky., June 10-14, 1985, cost not to exceed $550.00 plus use of City vehicle. Motion carried. MISCELLANEOUS 87407 - Moved by Getty, seconded by Penaluna 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 Dance License, License for Junk Dealer and Automobile Salvage Yard be approved: Beer and Liquor License Permit Application Class C Wheel House Restaurant and Lounge, 626 Water Street (Renewal) (Expires 5/17/86) plus Sunday sales The Purple Parrott, 2043 Logan Avenue, (Renewal) (Expires 6/1/86) Rita Pepperling dba Rita's Place, 3005 University Avenue, (old location -new owner) (Expires 6/1/86) plus Sunday sales Paulie's Place, Inc., 814 LaPorte (old location -new owner) (Expires 5/13/86) Request of Crossroads Center for Beer Garden on July 25, 1985, -- RAGBRAI Celebration. Beer License Permit Application Class C City View Market, 2324 Idaho, (Renewal) (Expires 5/ /86) plus Sunday sales Pony Express Days, 3535 Marigold, (old location -new owner) (Expires 5/14/86) May 13, 1985 Page Eight MISCELLANEOUS CONTINUED Beer License Permit Application Class B Waterloo Chamber of Commerce, My Waterloo Days, W. 4th and Bluff, (14 day - New) (Expires 6/12/85) plus Sunday sales Waterloo Chamber of Commerce, My Waterloo Days, Cedar River Park, (14 day - New) (Expires 6/12/85) plus Sunday sales Waterloo Chamber of Commerce, My Waterloo Days, Byrnes Park, (14 day - New) (Expires 6/12/85) plus Sunday sales Dance License Permit Application Donald A. Weatherman, Hitchin Post, 749 Rainbow Drive Application for License for Junk Dealer Victor Fuller, 950 Sheffield Avenue Howard S. Tournier, 900 Fulton Street B. Schultz Company, 1500 David Street Weissman Iron & Metal, Inc., 600 Falls Avenue James Rooff, Jr., 431 Gladys Street Application for License for Automobile Salvage Yard James Rooff, Jr., 431 Gladys Street Nathan Lipkin dba Commercial Auto, 1330 Commercial Street Wilber Auto Body & Sales, Inc., 2220 Easton Victor H. Fuller, 950 Sheffield Robert Jack Quail, 341 Glendale Street Richard Beenken, B & L Auto Salvage, 321 Creston Avenue Dennis Osborn, 1501 Grandview Motion carried. BONDS 87408 - Moved by Davie, seconded by Wright that the report of City Attorney and list of bonds filed with Clerk through May 13, 1985, be received, placed on file and report and bonds approved. Motion carried. ADJOURNMENT 87409 - Moved by Klinger, seconded by Penaluna that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor