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HomeMy WebLinkAbout05/29/84May 29, 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 May 29, 1984. Mayor Bowers in the Chair. Roll call: Seeber, Dowie, Wright, Getty, Lichty, Penaluna and Klinger. Invocation by: Wright. 85775 - Moved by Klinger, seconded by Wright that the Agenda, as amended for the Regular Session of May 29, 1984, at 7:00 p.m., be accepted and approved. Motion carried. 85776 - Moved by Penaluna, seconded by Getty that the Minutes of the Regular Session held May 21, 1984 at 7:00 p.m., be approved. Motion carried. HEARINGS 85777 - Moved by Seeber, seconded by Dowie that proof of publication of notice of public hearing on issuance of Industrial Revenue Bonds for Plogman, Finkelstein, Neboda and Wernimont Project as published in the Waterloo Courier on May 11, 1984 be received and placed on file. Motion carried. 85778 - 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 Seeber, seconded by Klinger that "Resolution determining to proceed with issuance of not to exceed $60,000 Industrial Revenue Bonds for Plogman, Finkelstein, Neboda and Wernimont Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-199. 85779 - Moved by Dowie, seconded by Getty that proof of publication of notice of public hearing on amendments to FY 1984 City of Waterloo Operating Budget as published in the Waterloo Courier on May 22, 1984 be received and placed on file. Motion carried. 85780 - 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 Klinger that "Resolution approving said amendment", be adopted and Clerk/Auditor instructed to certify amendment to the County Auditor. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-200. May 29, 1984 ORAL PRESENTATIONS Page Two 85781 - Nadene Chestnut reported that as an owner of rental property she had received notice of the City's intent to certify against her taxes her tenant's unpaid sewage and garbage bill in the amount of $18.59. She stated that this should not be her responsibility and asked the City's attention to this matter. Clerk/Auditor, Larry Burger, reported that several alternatives are being studied including notification to the owner of the property when a tenant becomes delinquent or requiring a deposit for the garbage and sewer. Councilman Dowie suggested notifying the Apartment Association of this problem. Reed Craft, Manager of the Waterloo Water Works, stated that water cannot be assessed to the property. Moved by Penaluna, seconded by Dowie that the above remarks be received, placed on file, and referred to the City Attorney for further review. Motion carried. 85782 - C. L. Hoffman, 2816 Idaho Street, asked the Council's reconsideration of its decision to deny a three-way stop at the intersection of Idaho and East Donald Street (see CR 85744 of May 21, 1984). He stated that current traffic volumes warrant it as well as a reduction in the speed limit on both streets. Moved by Getty, seconded by Wright that the above remarks be received, placed on file and referred to Sign and Traffic for reconsideration in reduction of the speed limits on said streets. Motion carried. Mayor Bowers reported that the Council was invited to the Municipal Band Concert at Byrnes Park on June 7, 1984. Mayor Bowers reported that the McElroy lease will be reviewed at the Council Meeting of June 4, 1984 (see CR 85742 of May 21, 1984). PETITIONS FROM PUBLIC 85783 - Moved by Dowie, seconded by Getty that communication from City Engineer transmitting request by Francis L. Levendusky for temporary concrete driveway at 809 Belle Street, together with City Engineer's recommendation of approval, be received, placed on file, and "Resolution approving said waiver grade", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-201. 14 85784 - Moved by Dowie, seconded by Getty that communication from City Engineer transmitting request by Mrs. Louis Rogge for temporary asphalt driveway at 1554 East Ridgeway Avenue together with City Engineer's recommendation of approval, be received, placed on file, and "Resolution approving said waiver grade", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-202. May 29, 1984` Page Three PETITIONS FRCM PUBLIC CONTINUED 85785 - Moved by Dowie, seconded by Getty that request of Cohn Brothers to pave parking area between sidewalk and curb at 911 Commercial Street, together with City Engineer's recommendation of approval with conditions that 1) paving be used for beautification purposes only and 2) no parking and any other uses be allowed, be received, placed on file, and approved with conditions of City Engineer. Motion carried. UNFINISHED BUSINESS 85786 - Moved by Getty, seconded by Klinger that communication from Planning and Development Director transmitting recommendation on acceptance of bid from James A. & Susan K. Zierath for Fire Station No. 2 at Randolph & Byron (see CR85732 of May 21, 1984) in the amount of $37,500 with purchaser waiving restriction on sale of mobile home be received, placed on file, and 'Resolution authorizing sale and conveyance of Fire Station No. 2 to purchaser described above", be adopted and City Attorney instructed to prepare deed accordingly. Ayes: Six. Nays: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-203. 85787 - Don Temeyer, Planning and Development Director, reported that Black Hawk County has concurred in forming a joint building authority with the City. Both will issue the bonds and sign leases to pay their portion of the operation and debt service for the project. Moved by Getty, seconded by Penaluna that communication from Planning and Development Director transmitting request to hire Ahlers, Cooney, Dorweiler, Haynie, Smith & Allbee to prepare documents for the law enforcement center bond referendum be received, placed on file, and 'Resolution approving said request", be adopted. Ayes: Five. Nays: Seeber and Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-204. 85788 - Moved by Klinger, seconded by Lichty that communication from Mayor Del Bowers requesting suspension of parking ticket issuance during My Waterloo Days (June 2-10, 1984), be received, placed on file and approved. Motion carried. 85789 - Moved by Wright, seconded by Klinger that communication from Building & Grounds Committee transmitting lease agreement with Waterloo Art Association for old Eastside Library, together with recommendation of approval be received, placed on file, and 'Resolution approving said lease", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-205. 85790 - Moved by Getty, seconded by Klinger that Contract, Bonds and Certificate of Insurance from Peterson Contractors, Inc. for FY 1985 Rooff Avenue Connection to U.S. Highway 20, Contract No. 269 be received, placed on file, and 'Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-206. May 29, 1984 Page Four RESOLUTIONS TO BE ADOPTED 85791 - Moved by Getty, seconded by Wright that "Resolution authorizing the Mayor to accept on behalf of the City of Waterloo effective June 20, 1984, the assumption of operation and maintenance responsibilities for the flood protection devices constructed as construction mitigation by the Corps of Engineers Local Flood Control Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-207. 85792 - Moved by Getty, seconded by Wright that "Resolution accepting and approving certain offers to sell real property and easements to the City and accepting and approving certain deeds and easements for Blowers Creek Flood Control from John Rooff (Parcel No. 1); Ruth Rooff (Parcel No. 2 & 3); and Ethel Schuler (Parcel No. 4)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-208. 85793 - Moved by Getty, seconded by Wright that 'Resolution accepting and approving certain permanent easements to the City and accepting and approving certain easements for Lowder Road Sanitary Sewer from Mary Iehl (Parcel No. 1); Gladys King (Parcel No. 2); Darwyn Pals (Parcel No. 5); and Michael Wingert (Parcel No. 9)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-209. ORDINANCES TO BE ADOPTED 85794 - Moved by Getty, seconded by Dawie that "Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by repealing Chapter 35, Vegetation, and enacting in lieu thereof a new Chapter 35, Vegetation", be received, placed on file, considered and passed for the third time. Ayes: Seven. Motion carried. 85795 - Moved by Seeber, seconded by Klinger that "Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by repealing Chapter 35, Vegetation, and enacting in lieu thereof a new Chapter 35, Vegetation", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3341. 85796 - Moved by Seeber, seconded by Wright that "Ordinance amending Chapter 16, Garbage and Refuse of the Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection (a) of Section 16-8, fee for service; penalty for late payment; reimbursement, in its entirety; and by enacting in lieu thereof a new Subsection (a) of Section 16-8, fee for service; penalty for late payment; reimbursement", be received, placed on file, considered and passed for the third time. Ayes: Six. Nays: Lichty. Motion carried. May 29, 1984 Page Five ORDINANCES TO BE ADOPTED CONTINUED 85797 - Moved by Dowie, seconded by Seeber that "Ordinance amending Chapter 16, Garbage and Refuse of the Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection (a) of Section 16-8, fee for service; penalty for late payment; reimbursement, in its entirety; and by enacting in lieu thereof a new Subsection (a) of Section 16-8, fee for service; penalty for late payment; reimbursement", be adopted. Ayes: Six. Nays: Lichty. Ordinance adopted and upon approval by Mayor assigned No. 3342. 85798 - Moved by Klinger, seconded by Wright that "Ordinance amending Ordinance No. 2644, known as the Traffic Code, by repealing Section 566, No Parking 6:00 a.m.to 6:00 p.m. except Sunday and Subsection (10) Lime of Section 567, No Parking any time except Sunday; and enacting in lieu thereof a new Section 566, No Parking 6:00 a.m. to 6:00 p.m. except Sunday, and a new Subsection (10) Lime to Section 567, No Parking any time except Sunday", be received, placed on file, considered and passed for the third time. Ayes: Six. Nays: Dowie. Motion carried. 85799 - Moved by Klinger, seconded by Seeber that "Ordinance amending Ordinance No. 2644, known as the Traffic Code, by repealing Section 566, No Parking 6:00 a.m.to 6:00 p.m. except Sunday and Subsection (10) Lime of Section 567, No Parking any time except Sunday; and enacting in lieu thereof a new Section 566, No Parking 6:00 a.m. to 6:00 p.m. except Sunday, and a new Subsection (10) Lime to Section 567, No Parking any time except Sunday", be adopted. Ayes: Six. Nays: Dawie. Ordinance adopted and upon approval by Mayor assigned No. 3343. 85800 - Moved by Getty, seconded by Dowie 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. 85801 - Moved by Seeber, seconded by Wright that "Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsections (2) through (5) of Section 23-1/2-22, Trash and Weeds; duty of person responsible, for Chapter 23-1/2, Litter Control", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3344. 85802 - Moved by Dowie, seconded by Getty 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. May 29, 1984 Page Five ORDINANCES TO BE ADOPTED CONTINUED 85797 - Moved by Dowie, seconded by Seeber that "Ordinance amending Chapter 16, Garbage and Refuse of the Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection (a) of Section 16-8, fee for service; penalty for late payment; reimbursement, in its entirety; and by enacting in lieu thereof a new Subsection (a) of Section 16-8, fee for service; penalty for late payment; reimbursement", be adopted. Ayes: Six. Nays: Lichty. Ordinance adopted and upon approval by Mayor assigned No. 3342. 85798 - Moved by Klinger, seconded by Wright that 'Ordinance amending Ordinance No. 2644, known as the Traffic Code, by repealing Section 566, No Parking 6:00 a.m.to 6:00 p.m. except Sunday and Subsection (10) Lime of Section 567, No Parking any time except Sunday; and enacting in lieu thereof a new Section 566, No Parking 6:00 a.m. to 6:00 p.m. except Sunday, and a new Subsection (10) Lime to Section 567, No Parking any time except Sunday", be received, placed on file, considered and passed for the third time. Ayes: Six. Nays: Dowie. Motion carried. 85799 - Moved by Klinger, seconded by Seeber that 'Ordinance amending Ordinance No. 2644, known as the Traffic Code, by repealing Section 566, No Parking 6:00 a.m.to 6:00 p.m. except Sunday and Subsection (10) Lime of Section 567, No Parking any time except Sunday; and enacting in lieu thereof a new Section 566, No Parking 6:00 a.m. to 6:00 p.m. except Sunday, and a new Subsection (10) Lime to Section 567, No Parking any time except Sunday", be adopted. Ayes: Six. Nays: Dowie. Ordinance adopted and upon approval by Mayor assigned No. 3343. 85800 - Moved by Getty, seconded by Dowie 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. 85801 - Moved by Seeber, seconded by Wright that "Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsections (2) through (5) of Section 23-1/2-22, Trash and Weeds; duty of person responsible, for Chapter 23-1/2, Litter Control", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3344. 85802 - Moved by Dowie, seconded by Getty 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. "", May 29, 1984 Page Six ORDINANCES TO BE ADOPTED CONTINUED 85803 - Moved by Klinger, seconded by Penaluna that "Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 33-9, Lawns in Parkings: Authorized; maintenance by abutting owner; City's rights reserved; damaging lawns and ornamental plantings, of Chapter 33, Streets and Sidewalks", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3345. BILLS PANTS 85804 - Moved by Dowie, seconded by Wright that "Bills Resolution Schedule A", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-210. 85805 - Moved by Penaluna, seconded by Klinger that "Resolution approving the following pay estimates for amounts shown together with recommendation of approval: Ansborough Avenue from San Marnan Drive to University Avenue Pay Estimate No. 4 from Brice, Petrides & Associates, Inc. for Engineering Design Services in the amount of $12,672.35. Fifth & Sixth Street --Franklin Street to Washington Street ay Estimate No. 4 from Brice, Petrides & Associates, Inc. for Engineering Design Services in the amount of $32,597.05. San Marnan Drive formerly Iowa Highway 412 from West 4th Street to Sheffield Avenue Pay Estimate No. 4 from Brice, Petrides & Associates, Inc. for Engineering Design Services in the amount of $7,083.24. Donald Street from U.S. 20 to Sa a Road Pay Estimate No. 4 trom Brice, Petrides & Associates, Inc. for Engineering Service in the amount of $28,035.55", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-211. 85806 - Moved by Penaluna, seconded by Klinger that "Resolution approving the following statement for amount shown together with recommendation of approval: FY 1984 Foundation Sewer Department Building, Contract No. 261 Statement from Twin City Testing & Surveying Laboratory, Inc. in the amount of $40.00", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-212. NEW BUSINESS 85807 - Moved by Klinger, seconded by Dowie that communication from Mayor Del Bowers on the reappointment of Kathy Braun to Civil Service Commission with term expiration of April 1, 1986 be received, placed on file, and approved. Motion carried. May 29, 1984 Page Seven NEW BUSINESS CONTINUED 85808 - Moved by Dame, seconded by Penaluna that City Engineer be instructed to prepare plans, specifictions, etc., in conjunction with the FY 1984 Street Reconstruction Program, Contract No. 257. Motion carried. 85809 - Moved by Klinger, seconded by Penaluna that plans, etc., for the FY 1984 Street Reconstruction Program, Contract No. 257 be received, placed on file, and 'Resolution preliminarily approving same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-213. 85810 - Moved by Getty, seconded by Dowie that 'Resolution setting date of hearing as June 18, 1984, at 7:00 p.m., in the City Hall Council Chambers on plans and taking of bids on the F.Y. 1984 Street Reconstruction Program, Contract No. 257", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-214. 85811 - Moved by Getty, seconded by Wright that 'Resolution directing preparation of detailed plans and specifications, form of contract and notice to bidders for FY 1984 Lowder Road Sanitary Sewer Project, Contract No. 262", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-215. 85812 - Moved by Klinger, seconded by Wright that 'Resolution ordering bids, approving plans, specifications and form of contract and notice to bidders, fixing amount of bid security, and setting public hearing on plans, specifications, form of contract and estimate of costs as June 18, 1984 at 7:00 p.m. in the City Hall Council Chambers", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-216. 85813 - Moved by Wright, 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 Assistant City Attorney to attend Iowa State Bar Association Annual Meeting and Seminar and Iowa Municipal Attorney Association Meeting, Des Moines, June 13-15, 1984; cost not to exceed $341.40. Motion carried. .--IN May 29, 1984 NEW BUSINESS CONTINUED 85808 - Moved by Dowie, seconded by Penaluna Page Seven that plats, schedule of assessments, etc. for the F.Y. 1984 Street Reconstruction Program, Contract No. 257, be received, placed on file and approved. Motion carried. 85809 - Moved by Klinger, seconded by Penaluna that "Resolution adopting preliminary plat and schedule of assessments for the F.Y. 1984 Street Reconstruction Program, Contract No. 257', be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-213. 85810 - Moved by Getty, seconded by Dowie that "Resolution adopting proposed Resolution of Necessity and setting date of hearing as June 18, 1984 at 7:00 p.m. in the City Hall Council Chambers", be adopted and Clerk/Auditor instructed to publish notice of hearing. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-214. 85811 - Moved by Getty, seconded by Wright that 'Resolution directing preparation of detailed plans and specifications, form of contract and notice to bidders for FY 1984 Lowder Road Sanitary Sewer Project, Contract No. 262", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-215. 85812 - Moved by Klinger, seconded by Wright that 'Resolution ordering bids, approving plans, specifications and form of contract and notice to bidders, fixing amount of bid security, and setting public hearing on plans, specifications, form of contract and estimate of costs as June 18, 1984 at 7:00 p.m. in the City Hall Council Chambers", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-216. 85813 - Moved by Wright, 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 Assistant City Attorney to attend Iowa State Bar Association Annual Meeting and Seminar and Iowa Municipal Attorney Association Meeting, Des Moines, June 13-15, 1984; cost not to exceed $341.40. Motion carried. May 29, 1984 MISCELLANEOUS Page Eight 85814 - Councilman Getty asked that the City Attorney investigate whether an establishment selling beer and liquor (Class C Beer and Liquor Holder) can allow said alcoholic beverages to be consumed off -premises. Councilman Dowie stated that beer gardens may need additional restrictions. Attorney Dave Tyler reported that his office would investigate and asked that the Council go into Executive Session at the June 4, 1984 meeting to discuss the City's liability in various past situations. 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: Beer and Liquor License Permit Application Class C Mandarin Cafe, 510 Mulberry, (Renewal) (Expires 6/30/85) Pat's Place, 303 West 4th, (Renewal) (Expires 7/10/85) Ritz Deli & Lounge, 320 West 4th, (Renewal) (Expires 6/1/85) Beer License Permit Application ass C Gibsons Apco, 4036 Logan, (Renewal) (Expires 6/24/85) Beer Permit Application plus Sunday Sales Class C i sons Apco, 4036 Logan, (Renewal) (Expires 6/24/85) Beer and Liquor Permit Application plus Sunday Sales Class C Mandarin Cafe, 510 Mulberry, (Renewal) (Expires 6/30/85) Motion carried. 85815 - Moved by Dowie, seconded by Getty that the following Cigarette Permit License be received, placed on file and approved: Cigarette Permit Application Waterloo Softball Association Concession Stand Motion carried. 85816 - Assistant City Attorney Donna Lesyshen stated that the bond for said pawnbroker was not in order and recommended denial of said license. Moved by Dowie, seconded by Penaluna that the following Pawnbroker License Application be received, placed on file and action delayed until Thursday, May 31, 1984 at 4:00 p.m. (Special Council Meeting). Pawnbroker License Application Eiler spawn op, 188 West18th Street Ayes: Six. Nays: Lichty. Motion carried. May 29, 1984 Page Nine 85817 - Moved by Klinger, seconded by Dowie that the report of City Attorney and list of bonds filed with Clerk through May 29, 1984, be received, placed on file and report and bonds approved. Motion carried. ADJOURI+M 85818 - Moved by Wright, seconded by Getty that the Council adjourn. Motion carried. tarry P. Burger City Clerk/Auditor