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HomeMy WebLinkAbout02/11/1985February 11, 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 February 11, 1985. Mayor Bowers in the Chair. Roll call: Klinger, Penaluna, Lichty, Getty, Seeber, Dowie, Wright. Invocation by Seeber. 86941 - Moved by Wright, seconded by Dowie that the Agenda, as proposed for the Regular Session of February 11, 1985, at 7:00 p.m., be accepted and approved. Motion carried. 86942 - Moved by Penaluna, seconded by Klinger that the Minutes of the Regular Session held February 4, 1985 and the Minutes of the Special Meeting held February 2, 1985, be approved. Motion carried. HEARING 86943 - that proof of publication of notice of public hearing on Amendments to Ordinance No. 2479, as amended, Zoning Ordinance (Fee for vacation of public right-of-way or easements), as published in the Waterloo Courier on January 25, 1985, be received and placed on file. Motion carried. 86944 - Moved by Klinger, seconded by Wright to receive and file recommendation of approval of Planning, Programming and Zoning Commission. Motion carried. 86945 - HOLD HEARING --This being the time and place for public hearing the Mayor called for written and oral objections and there were none. Moved by Getty, seconded by Lichty that "Amendments to Ordinance No. 2479, as amended Zoning Ordinance (Fee for vacation of public right-of-way or easements)", be received, placed on file, and passed for the first time. Ayes: Seven. Motion carried. 86946 - Moved by Klinger, seconded by Seeber 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. February 11, 1985 Page Two HEARINGS CONTINUED 86947 - Moved by Seeber, seconded by Penaluna that "Amendments to Ordinance No. 2479, as amended Zoning Ordinance (Fee for vacation of public right-of-way or easements)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3382. ORAL PRESENTATIONS 86948 - Wright stated that she was disturbed about the hiring practices of the City of Waterloo. She felt the City was discriminating against blacks. Moved by Wright, seconded by Lichty that the Mayor and Personnel Department implement the proposed Affirmative Action Plan at a faster rate. Motion carried. 86949 - Moved by Wright, seconded by Penaluna that communication from St. Peter Claver Mission, 1112 Mobile Street, requesting cancellation of Special Assessments for paving of Oneida Street be received, placed on file and "Resolution approving said request", be adopted. Prior to the vote it was Moved by Klinger, seconded by Wright that the Resolution be tabled for one (1) week to gather more information. Motion carried. 86950 - Lyle Taylor, President of Rath Packing Company spoke on behalf of the City's supporting Resolution No. 1985-44 regarding loan guarantees for the Rath Packing Company. Lyle Taylor asked that the City reaffirm their position in the loan guarantee. Lucille Bremer, asked the City to reaffirm the position in Resolution No. 1985-44, to keep the Rath Trademark in Waterloo. Moved by Klinger, seconded by Lichty to receive and place on file the above comments. Motion carried. 86951 - Moved by Dawie, seconded by Klinger that the Council adjourn to Executive Session to discuss the reconsideration of Resolution No. 1985-44. (W. David Tyler, City Attorney, stated that this Executive Session would be authorized under Chapter 28A of the Iowa Code). Ayes: Six. Nays: Lichty. Motion carried. February 11, 1985 Page Three EXECUTIVE SESSION 86952 - Moved by Dawie, seconded by Wright to adjourn the Executive Session. Motion carried. 86953 - The motion to reconsider action of February 2, 1985, relating to Rath Packing Company Resolution No. 1985-44 as tabled on February 4, 1985, (CR86923 and CR86924) now is brought to the floor for a vote. Ayes: Getty and Seeber. Nays: Klinger, Penaluna, Lichty, Dowie and Wright. Motion to reconsider Resolution No. 1985-44 is defeated and Resolution No. 1985-44 stands as adopted February 2, 1985. 86954 - Moved by Penaluna, seconded by Klinger that the Council authorize the Mayor to sign a loan agreement with one of the local financial institution to finance on going expenses on the Rath Packing Company regarding maintenance of said facility. (heat, insurance, maintenance employees wages, etc.), and that a "Resolution authorizing the Mayor to sign the same be adopted". Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-54 DOCUMENTS 86955 - Moved by Dowie, seconded by Wright that "Resolution accepting and approving certain permanent easements in conjunction with Falls Avenue Trunk Sewer Project: Empire Realty, Inc.,", (Weissman Industries), be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-55 86956 - Moved by Dowie, seconded by Wright that communication from City Engineer transmitting Contract for Engineering Services with Schenk Engineering Company, for Sanitary Sewer Investigation Kimball Avenue North Project No. IX -6641(2)--79-07, together with recommendation of approval be received, placed on file and "Resolution approving said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-56 RESOLUTION TO BE ADOPTED 86957 - Moved by Getty, seconded by Lichty that `Resolution accepting and approving certain acquisition contracts to sell real property to the City and accepting and approving certain deeds: Smith & Miller, Inc., (Hackett Road,. By -Pass)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-57 February 11, 1985 Page Four BITJS PAYMENT 86958 - Moved by Dowie, seconded by Seeber that "Bills, Resolution Schedule A and B", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-58. 86959 - Moved by Klinger, seconded by Seeber that "Resolution approving the following pay estimates for amounts shown together with recommendation of approval: East Park Avenue Parking Facility, Contract No. 251 Pay estimate from Brice, Petrides and Assoc., in the amount of $4,804.75. Conway Vicinity Skywalk, Contract No. 281 Pay estimate No. 2 from Cardinal Construction Company in the amount of $8,284.00. Hanna Blvd., Project No. IX -6605(1)--79-07 Pay estimate No. 1 (Final) from Jensen, Cary, Shoff Consulting Engineers in the amount of $5,698.40. Hoff Road West 4th Street to West Shaulis Road Project No. IX -6591(1)--79-07 Pay estimate No. 12 from Robinson Engineering Company in the amount of $1,076.01. Dysart Road (EACIX) from Shaulis Road to Orange Road Project No. IX -6691(1)--79-07 Pay estimate No. 3 from Robinson Engineering Company in the amount of $4,114.98", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-59. 86960 - Moved by Klinger, seconded by Seeber that "Resolution approving the following statement for amount shown together with recommendation of approval: Evaluation and Planning for the Hackett Road Bypass Statement from Brice, Petrides and Assoc., in the amount of $11,738.94. F.Y. 1985 200 Block Baltimore Sanitary Sewer Replacement, Contract No. 265 Statement from Wayne Claassen Engineering in the amount of $779.70. Kimball Avenue to Ridgeway Avenue to south city limits Project No. IX -6641(1)--79-07 Statement from Schenk Engineering Company in the amount of $12,082.22", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-60. February 11, 1985 Page Five NEW BUSINESS 86961 - Moved by Penaluna, seconded by Klinger that communication from Water Pollution Control Plant Superintendent transmitting the hiring of Kenneth J. Heiar to the position of Operator Trainee and promotion of Roger Controy and Eddy H. Haag to Maintenance II for the Sewer Department, be received, placed on file and approved. Motion carried. 86962 - Moved by Penaluna, seconded by Klinger that communication from Community Development Board Administrator transmitting the appointment of Brad McMahon as Real Estate Acquisition/Rehabilitation Specialist be received, placed on file and approved. Motion carried. 86963 - Moved by Penaluna, seconded by Klinger to instruct City Engineer to prepare plans, specifications, etc., for the F.Y. 1985 Lafayette Street Sanitary Sewer Extension No. 2, Contract No. 275, be received, placed on file and approved. Motion carried. 86964 - Moved by Penaluna, seconded by Klinger that "Resolution preliminarily approving plans, specifications, etc., for the F.Y. 1985 Tafayette Street Sanitary Sewer Extension No. 2, Contract No. 275", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-61. 86965 - Moved by Penaluna, seconded by Klinger that "Resolution setting date of hearing as March 4, 1985, at 7:00 p.m. in the City Hall Council Chambers on plans and taking of bids on the F.Y. 1985 Lafayette Street Sanitary Sewer Extension No. 2, Contract No. 275", be adopted and Clerk/Auditor instructed to publish notice accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-62. 86966 - Moved by Klinger, seconded by Wright that the following requests for travel with expenses not to exceed amounts shown, be received, placed or file and approved: Travel Requests Division Chief, Frank Magsamen, to attend Fire Service Organizational Theory Course, Emmitsburg, Maryland, March 11-22, 1985, cost not to exceed $132.00 (meals only). Community Development Board Administrator, James N. Lindsey, to attend Water Resources Board Meetink, Denver, Colorado, February 19-20, 1985, cos;_ not to exceed $405.00. City Engineer, Eric Thorson, Senior Civil_ Engineer, Dennis Gentz, to attend Asphalt Paving Assoc., of Iowa 26th Annual Workshop, and to receive APAI Smoothness Award for. N`u::nicippal Street Paving for the City, Des Moines, Iowa, March 7-8, 1985, cost not to exceed $160.00 plus use of City vehicle. Personnel Director, Roger Mogle, to attend National training conference on Public Personnel, San Diego, Calif., March 18-22, 1985, cost not to exceed $988.00. Motion carried. February 11, 1985 Page Six MISCELLANEOUS 86967 - Moved by Getty, seconded by Lichty 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 Going -out -of -Business License, Cigarette Permit Applications, Massage Technician Permit Application be received, placed on file and approved: Beer and Liquor License Application Sunday sales Class C Red Cedar Lounge, 102 W. 11th Street, (New) (Expires 12/10/85) Beer Permit License Application plus Sunday sales Class B The Taco House, 3840 University, (Renewal) (Expires 2/20/86) Beer Permit License Application plus Sunday sales Class C Texas Road Pronto, 4335 Texas Street, (old location -new owner) (Expires 2/15/86) Ansborough Pronto, 3012 Ansborough, (old location -new owner) (Expires 2/15/86) Ridgeway Pronto, 334 E. Ridgeway, (old location -new owner) (Expires 2/15/86) Cigarette Permit Application Airliner Lounge Tavern, 3850 Airline Hwy. Ansborough Pronto, 3012 Ansborough Texas Road Pronto, 4335 Texas Street Ridgeway Pronto, 334 E. Ridgeway Application for Going -out -of -Business Ames News Agency, Inc., (Walt's), 218 East 4th Street Application for Massage Technician Permit Leilani White, 526 Independence Avenue Motion carried. 86968 - Donna Lesyshen, Assistant City Attorney, recommended that Balko's distress sale license extension be denied. Moved by Getty, seconded by Klinger to deny a 30 day extension request of Balko's distress sale license. Motion carried. BONDS 86969 -Moved by Penaluna, seconded by Wright that the report of City Attorney and list of bonds filed with Clerk through February 11, 1985, be received, placed on file and report and bonds approved. Motion carried. February 11, 1985 86970 - Moved by Dawie, seconded by Lichty Page Seven that the Council meet in Executive Session to discuss labor negotiations strategy. W. David Tyler, City Attorney, stated that this is authorized under (Sec. 20.17 Sub. 3 of the Iowa Code). Ayes: Seven. Motion carried. EXECUTIVE SESSION 86971 - Moved by Dowie, seconded by Klinger that the Council adjourn the Executive Session. Motion carried. 86972 - Moved by Penaluna, seconded by Lichty to authorize the City's Negotiating Committee to proceed to binding arbitration with the Waterloo Police Protective Association. Motion carried. 86973 - Moved by Getty, seconded by Dawie that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor