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HomeMy WebLinkAbout08/06/84J August 6, 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 August 6, 1984. Mayor Bowers in the Chair. Roll call: Getty, Lichty, Penaluna, Klinger, Seeber, Dowie, Wright. Invocation by Seeber. Donna Lesyshen, Assistant City Attorney, explained to the Council and public that this and future meetings of the Council would be following a new format. Each agenda item will be numbered. Prior to action on each section of the agenda, the Mayor will ask if any Councilmember or public has questions or comments pertaining to any item within that section. If a particular item is requested for discussion, that matter will be immediately discussed and voted upon. The remaining items within that section can then be voted upon collectively. The Council was advised that should a Councilperson vote "no" on a collective action, his/her vote will be recorded as such on each item within that category. By bringing to the floor for discussion the item that they wish to vote "no" on will eliminate this voting record. The above is not applicable to hearings, hearings and bids, ordinances or resolutions pertaining to unrelated subject matter. 86192 - Moved by Dowie, seconded by Klinger that the Agenda, as amended for the Regular Session of August 6, 1984, at 7:00 p.m., be accepted and approved. Motion carried. 86193 - Moved by Klinger, seconded by Wright that the Minutes of the Regular Session held July 23, 1984, at 7:00 p.m. and the Special Sale of July 19, 1984, at 11:00 a.m., be approved. Motion carried. HEARINGS AND BIDS 86194 - Moved by Dowie, seconded by Seeber that proof of publication of notice of public hearing for the F.Y. 1985 Hammond Avenue Asphalt Paving, Contract No. 277, as published in the Waterloo Courier on July 27, 1984, be received and placed on file. Motion carried. 86195 - 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 Penaluna, seconded by Getty that "Resolution confirming the approval of plans, specifications, etc", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-349. 86196 - Moved by Seeber, seconded by Klinger that "Resolution ordering construction of F.Y. 1985 Hammond Avenue Asphalt Paving, Contract No. 277", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-350. August 6, 1984 Page Two HEARINGS AND BIDS CONTINUED 86197 - Moved by Dowie, seconded by Wright to receive, file, and instruct Deputy Clerk to open and read bids and refer to City Engineer: (see CR 86209 for further action). Bidder Bid Bond Base Bid Alternate A* Aspro, Inc. �— $-6T,-08Q.00 $77,477 —.80 Rampart Corporation 57. $68,724.85 $84,871.15 Rohlin Construction Co. 57. $51,109.93 $66,954.43 *Alternate A is an optional project of pavement marking using reflective tape and may or may not be awarded depending on the availability of funds. Motion carried. HEARINGS 86198 - Moved by Klinger, seconded by Dowie that proof of publication of notice of public hearing to vacate a portion of utility easement --Pepsi Cola Bottling Company, 1424 Burton Avenue, as published in the Waterloo Courier on July 20, 1984, be received and placed on file. Motion carried. 86199 - 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 Penaluna, seconded by Dowie that recommendation of approval of Planning, Programming, and Zoning Commission to vacate a portion of utility easement --Pepsi Cola Bottling Company, 1424 Burton Avenue, be received and placed on file. Motion carried. 86200 - Moved by Dowie, seconded by Seeber that an "Ordinance vacating a portion of utility easement --Pepsi Cola Bottling Company, 1424 Burton Avenue", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 86201 - Moved by Getty, 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. 86202 - Moved by Seeber, seconded by Wright that an "Ordinance vacating a portion of utility easement --Pepsi Cola Bottling Company, 1424 Burton Avenue", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3357. FRO August 6, 1984 HEARINGS CONTINUED 86203 - Moved by Wright, seconded by Getty Page Three that proof of publication of notice of public hearing to rezone from "C-2 Commercial District to "M-1" Light Industrial District --James L. Rooff, Jr., 2167 Independence Avenue, as published in the Waterloo Courier on July 20, 1984, be received and placed on file. Motion carried. 86204 - HOLD HEARING --This being the time and place of hearing, the Mayor called for oral and written objections. Dale DuBois, 2151 Independence Avenue, spoke against the request. Dwayne Eilers, 2243 Independence Avenue, stated his support for the request particularly since it will bring in additional business to the area and if it is kept clean. Henrik Petersen, owner of Petersen & Tietz, 2275 Independence Avenue, opposed the auto salvage yard by stating that the prevailing westerly winds may bring damage to flowers in his greenhouse which is located east of the proposed site. The oxidation of the metals may cause damage to his greenhouse contents. Jim Rooff, Jr. stated that an Jim Rooff, Jr., stated that an eight (8) foot fence would be constructed around the salvage yard. Raymond Hayes, 2166 Independence Avenue, opposed the request. Michael Peterson, Attorney for applicant, spoke in support of the request and reported that the operator would be buffered from surrounding uses. The operation would be creating badly needed jobs for the community. Mildred Nissen, 2145 Independence Avenue, spoke against the request. Tom Clark spoke on behalf of his mother who resides at 2135 Independence Avenue (Mrs. Ruth Clark). He relayed her opposition to the request. Michael Peterson reported that it would be a clean operation. Moved by Seeber, seconded by Wright that the above remarks and written and oral petitions be received and placed on file. Motion carried. 86205 - Moved by Seeber, seconded by Wright that the recommendation of denial of the Planning, Programming and Zoning Commission be received, placed on file, and that an 'Ordinance amending Ordinance No. 2479, as amended, by adding Subsection No. 212, to Section 2A-5, Rezoning Certain Property", be received, placed on file, and request denied. Ayes: Penaluna, Klinger, Seeber, Dowie and Wright. Nays: Getty and Lichty. Motion carried. 86206 - Moved by Getty, seconded by Wright that proof of publication of notice of public hearing for Special Permit Request for Auto Salvage Yard --James L. Rooff, Jr., 2168 Independence Avenue, as published in the Waterloo Courier on July 20, 1984 be received and placed on file. Motion carried. i August 6, 1984 Page Four HEARINGS CONTINUED 86207 - Moved by Penaluna, seconded by Dowie that said hearing be closed as the rezoning of said property (see CR 86205) was denied. Motion carried. ORAL PRESENTATIONS 86208 - Raymond Hayes, 2166 Independence Avenue, objected to supporting Allan and Sue Brase and Robert b. Smith through tax dollars. 86209 - The City Engineer reported that the bid of Rohlin Construction Company, Inc. for the F.Y. 1985 Hammond Avenue Asphalt Paving, Contract No. 277 was in order and recommended its approval. (see CR86209). Moved by Getty, seconded by Lichty that "Resolution awarding contract for FY1985 Hammond Avenue Asphalt Paving, Contract No. 277, to Rohlin Construction Company, Inc. with base bid of $51,109.93 and Alternate A in the amount of $66,954.43", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-351. 86210 - Councilperson Wright presented the request of Lee Moore and Charles Reed, members of Motorcycle Club, for permission to use the City owned lot located at Springview and Southview Street on August 19, 1984 for a field meet. Moved by Getty, seconded by Wright that the above remarks be received, placed on file and approved subject to review by City Attorney and Planning, Programming and Zoning staff and the signing of a hold harmless and indemnification agreement. Motion carried. Mayor Bowers expressed sympathy to the family of Larry Rust who died on August 3, 1984. Mr. Rust was former Planning and Programming Director for the City of Waterloo. PETITIONS FROM PUBLIC 86211 - Councilperson Getty, member of the Cablevision Commission, reported that the Commission had met on August 2, 1984 to review the proposed increase for basic cable service from $8.50 to $10.00/month for Waterloo Cablevision, Inc. The Commission approved an increase but did not specify an amount; however, he reported that they would recommend a specific amount if the Council so desired. Several Councilpersons questioned why the Commission did not make a recommendation on the amount of increase. Moved by Getty, seconded by Wright that communication from Cablevision Commission transmitting request of Waterloo Cablevision, Inc., for rate increase for basic service together with recommendation of approval with no amount of increase stated, be received, placed on file and "Resolution setting date of hearing as August 20, 1984, at 7:00 p.m. on above described proposal", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing accordingly and Cable Commission instructed to make recommendation on amount of increase. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-353. ''N "\ August 6, 1984 Page Five PETITIONS FROM PUBLIC CONTINUED 86212 - Moved by Klinger, seconded by Penaluna that communication from 7-11 Stores to solicit funds from motorists at the following four-way stops for MDA: Conger and Burton, Third and Kimball, and Martin Road and Ansborough on September 2 and 3, 1984, together with restrictions imposed in letter to Mayor and Council dated July 6, 1984 be received, placed on file and approved. Motion carried. 86213 - Moved by Klinger, seconded by Penaluna that communication from City Engineer transmitting the request of Elliott J. Ames, 1142 Wallgate Avenue, for temporary asphalt driveway together with recommendation of approval be received, placed on file and "Resolution approving the request of Elliott J. Ames for a temporary asphalt driveway at 1142 Wallgate Avenue irrespective of latter official grade", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-352. UNFINISHED BUSINESS 86214 - Moved by Getty, seconded by Seeber that communication from Transportation Program Manager transmitting recommendation on street improvements for Interstate Substitution Improvements to Hone Park Blvd., Norton Street, and West Third Street (See CR 86158 of July 23, 1984), be received and placed on file. Motion carried. 86215 - Moved by Getty, seconded by Seeber that communication from Transportation Program Manager transmitting recommendation on award of contract to Cedar Valley Corporation in the amount of $720,246.53 for the East Park Avenue Improvements (IX -6579(1)--79-07) be received, placed on file, and "Resolution awarding said contract to Cedar Valley Corporation", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute contract after receipt of Federal Highway Administration concurrence. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-354. 86216 - Moved by Dowie, seconded by Lichty that all items contained within the Reports and Documents Sections, be approved. This motion was withdrawn. 86217 - Moved by Dowie, seconded by Getty that Minutes of Park Board Meeting of July 11, 1984, be received and placed on file. Motion carried. August 6, 1984 Page Six 86218 - Councilperson Lichty asked why this change order which allows construction of sidewalks along Lafayette Street was omitted from the original contract. Community Development Administrator Jim Lindsey stated that due to the delay in the Lafayette Street Reconstruction as a part of the Interstate Substitution Project, sidewalk construction was being transferred to Contract No. 251 to coincide with the ramp's completion. Moved by Seeber, seconded by Klinger that communication from Community Development Administrator transmitting Change Order No. 3 for FY 1984 East Park Avenue Parking Facility, Contract No. 251, for increase of $13,680.00, 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. 86219 - Moved by Seeber, seconded by Dowie that Items 1-6 under Documents be approved. This motion was withdrawn. Moved by Getty, seconded by Seeber that communication from City Engineer transmitting permit for construction of sanitary and storm sewers under Illinois Central Gulf Railroad Tracks, F.Y. 1985 Paving Program, Contract No. 266 be received, placed on file, and "Resolution approving said permit", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-355. 86220 - Moved by Getty, seconded by Seeber that communication from City Engineer transmitting permit for construction of sanitary sewers under the Chicago and Northwestern Transportation Tracks for Fifth and Sixth Street Substitution Project be received, placed on file, and "Resolution approving said permit", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-356. 86221 - Moved by Getty, seconded by Seeber that communication from Transportation Program Manager transmitting Agreement with Reed Auto Plaza for construction of frontage road along north side of San Marnan Drive from Flammang Drive to Hammond Avenue as part of the San Marnan Interstate Substitutuion Project, be received, placed on file, and 'Resolution approving said agreement", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-357. "*N --. ,`IN August 6, 1984 DOCUMENTS CONTINUED 86222 - Moved by Getty, seconded by Seeber RO Page Seven that communication from City Engineer transmitting Contract, Bonds, and Certificate of Insurance from Youngblut Construction Company, Inc., for F.Y. 1985 Paving Program, Contract No. 266 be received, placed on file, and 'Resolution approving said documents", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-358. 86223 - Moved by Getty, seconded by Seeber that corm mication from Transportation Program Manager of summary of public input received from Donald Street Public Information Meeting held on July 17, 1984 be received and placed on file. Motion carried. RESOLUTIONS TO BE ADOPTED 86224 - Moved by Dame, seconded by Klinger that 'Resolution authorizing the issuance of $8,000,000 General Obligation Bonds", be adopted. Ayes: Six. Nays: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-359. 86225 - Moved by Seeber, seconded by Dowie that 'Resolution removing truck embargo on West Fourth Street from West San Marnan Drive to West Shaulis Road", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-360. 86226 - Moved by Dowie, seconded by Wright that 'Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, approving submission of fiscal year ending June 30, 1985 operating budget revision #1 for Ridgeway Towers, IA050003", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-361. 86227 - Moved by Dowie, seconded by Wright that 'Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, approving the signed contract with Young Plumbing and Heating Company for comprehensive improvements assistance program funds to complete the conversion from electricity to gas heat and hot water at 225 W. Ridgeway, Waterloo, Iowa", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-362. 86228 - Moved by Getty, seconded by Klinger that 'Resolution setting date of hearing as August 27, 1984 at 7:00 p.m. in the City Hall Council Chambers for purposes of considering application to the U.S. Department of Housing and Urban Development for an additional eleven (11) units under Section 8 Existing Housing Assistance Program for use with Rental Rehabilitation Program", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-363. August 6, 1984 ORDINANCES TO BE ADOPTED 86229 - Moved by Penaluna, seconded by Getty Page Eight that "Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by adding a new Section 27-22, Urination, to Chapter 27, Offenses- Miscellaneous", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. 86230 - Moved by Dowie, seconded by Seeber that "Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 27-14, Window Peeping, of Chapter 27, Offenses --Miscellaneous; and by enacting in lieu thereof a new Section 27-14, Window Peeping, to Chapter 27," be received, Placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. 86231 - Moved by Dowie, 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. 86232 - Moved by Dowie, seconded by Klinger that "Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection 33 1/2-29, Fees for Permit, of Chapter 33 1/2, Swimming Pools; and enacting in lieu thereof new Subsection 33 1/2-29, Fees for Permit and Testing, of Chapter 33 1/2, Swimming Pools", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3355. 86233 - Moved by Getty, seconded by Penaluna that "Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa by adding new Subsection (h) to Subsection 15-2, Food Quality Requirements of Chapter 15, Food and Food Handlers", be received, placed on file, passed and considered for the second and third time. Ayes: Seven. Motion carried. 86234 - Moved by Penaluna, seconded by Klinger that "Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa by adding new Subsection (h) to Subsection 15-2, Food Quality Requirements of Chapter 15, Food and Food Handlers", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3356. --, ,., August 6, 1984 NEW BUSINESS 86235 - Moved by Klinger, seconded by Penaluna "IN Page Nine that communication from the Civil Service Commission transmitting the Certification List for the following: Electrical Inspector, Associate Planner, City Planner, Operations Manager (Airport), and Assistant Fire Chief be received and placed on file. Ayes: Penaluna, Klinger, Seeber and Dowie. Nays: Getty and Lichty. Abstain: Wright. Motion carried. 86236 - Moved by Klinger, seconded by Penaluna that communication from Building Official transmitting recommendation on appointment of John P. Kehoe as Electrical Inspector be received, placed on file and approved. Ayes: Penaluna, Klinger, Seeber and Dowie. Nays: Getty and Lichty. Abstain: Wright. Motion carried. 86237 - Moved by Klinger, seconded by Seeber that communication from Mayor Del Bowers recommending the appointment of Gary Blair to the Cablevision Commission term expiring December 1, 1987, be received, placed on file, and approved. Motion carried. 86238 - Moved by Klinger, seconded by Seeber that Communication from Fire Chief transmitting the following promotions: Raymond N. Moore to the rank of Division Chief and Stanley P. Stapella to the rank of Assistant Chief be received, placed on file and approved. Motion carried. 86239 - Moved by Klinger, seconded by Seeber that communication from Electrical Department transmitting the approval of installation and removal of street lights on the following streets, be received, placed on file, and "Resolution approving said installations and removals", be adopted and Deputy Clerk/Auditor instructed to notify Iowa Public Service accordingly. Removal: 1 175 Mercury light at 1900 Forest Ave. and Washington St. 1 175 Mercury light at 2000 East Ridgeway Ave. 3 400 watt Mercury lights at Diagonal Road and Wagner Road These 3 lights to be replaced with 1 100 watt high pressure sodium. Installation: 1 100 watt high pressure sodium light 122 Thomas 1 100 watt high pressure sodium light 1590 Pleasant Valley Dr. Relocation of light at 1406 Avon St. to approximately 100 ft. north of present location and change to 100 watt high pressure sodium. Resolution adopted and upon approval by Mayor assigned No. 1984-364. 86240 - Moved by Getty, seconded by Dowie that the following requests for permission to attend functions with expenses not to exceed amounts shown, be received, placed on file and approved: Travel Requests Fire Chief to attend International Association of Fire Chiefs 111th Annual Conference, Los Angeles, Calif., September 30, Oct., 1, 2, 3, 1984, cost not to exceed $1,000. August 6, 1984 Page Ten Travel Requests continued Mayor Del Bowers to attend Conference of Association of Iowa Human Rights Agencies, Des Moines, Iowa, August 16 and 17, 1984, cost not to exceed $190.00. Police Officers to attend Drug Investigation School, Cedar Rapids, Iowa, August 6-17, 1984, cost not to exceed $215.00 plus use of City vehicle. Councilman Seeber to attend National League of Cities Second Annual International Trade Development Conference, Atlanta, Georgia, September 6-8, 1984, cost not to exceed $746.00. Motion carried. MISCELLANEOUS ANEOUS 86241 - Moved by Penaluna, seconded by Klinger 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 following Cigarette, Junk Dealer, Alarm Business, and Automobile Salvage Applications be received, placed on file and approved: Beer and Liquor License Permit Application Class C Overtime Lounge, 1918 Commercial (renewal) (Expires 8/7/85) Ground Round, 1425 E. San Marnan, (Renewal) (Expires 9/8/85) plus Sunday Sales Beer License Permit Application Class B Crossroads Center Merchants' Association, Inc., 124 Crossroads Center, (14 day new) (Expires 9/16/84) Sunday Sales American Legion, 619 Franklin, (Renewal) (Expires 8/9/85) Cliff's Supper Club, 106 Linn, (Renewal) (Expires 8/15/85) Beer and Wine License Permit Application Class C One Four Alpha Inc., The Pizza Pub, 504 Riehl, (Renewal) (Expires 8/13/85) plus Sunday Sales Cigarette Permit Application Leroy's DX Station, Washington Street Junk Dealer License Application Vic Fuller Sal. & Wrecking Company, 950 Sheffield Avenue B. Schultz Company, 1500 David Street Alarm Business License Application Diebold, Inc., 1425 N.W. 81st Street, Des Moines, Iowa Security Products Company, 1701 93rd Lane, N.E., Blaine, Minn. Fandel Alarms, Inc., 3330 Southgate Ct. S.W., Cedar Rapids, Ia. Night Eye Electronic Alarms, 4723 Tyler, Sioux City, Iowa Automobile Salvage Yard License Application Vic Fuller Sal. & Wrecking Company, 950 Sheffield Avenue Motion carried. ,.1.1 —N '"N August 6, 1984 Page Eleven BONDS 86242 - Moved by Dowie, seconded by Wright that the report of City Attorney and list of bonds filed with Clerk through August 6, 1984 be received, placed on file and report and bonds approved. Motion carried. A T T^T TTIT.T - 86243 - Moved by Klinger, seconded by Seeber that the Council adjourn. Motion carried. Michelle Temeyer Deputy Clerk/Auditor