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HomeMy WebLinkAbout05/21/84May 21, 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 21, 1984. Mayor Bowers in the Chair. Roll call: Seeber, Dowie, Wright, Getty, Lichty, Penaluna, and Klinger. Invocation by: Shawn Wilson Mayor Bowers introduced the following high school students who had spent the day with the Mayor, Council, and Police and Fire Chiefs: Maura Weidner, Steve Duggan, Ricky Anderson, Liz Flaherty, Fritz Koch, Chris Holstein, Mira Canion, Shawn Wilson, Mike Damge and Becky Bean. 85729 - Moved by Wright, seconded by Dowie that the Agenda, as proposed for the Regular Session of May 21, 1984, at 7:00 p.m., be accepted and approved. Motion carried. 85730 - Moved by Klinger, seconded by Seeber that the Minutes of the Regular Session held May 14, 1984, at 7:00 p.m., be approved. Motion carried. HEARINGS AND BIDS 85731 - Moved by Seeber, seconded by Wright that proof of publication of notice of public hearing to sell Fire Station #2 generally located at Byron and Randolph Streets -owned by the City of Waterloo, as published in the Waterloo Courier on May 4, 1984, be received and placed on file. Motion carried. 85732 - 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 Wright, seconded by Getty to receive and file bids and instruct Deputy Clerk/Auditor to open same and refer to Planning, Programming and Zoning Commission for review: Bidder Certified Check Bid James A. & Susan K. $3,750 $37,500 Zierath Ayes: Six. Nays: Lichty. (see CR 85735 for further action.) Motion carried. 85733 - Moved by Dowie, seconded by Wright that proof of publication of notice of public hearing for the F.Y. 1985 Rooff Avenue Connection to U.S. Highway 20, Contract No. 269, on plans, specifications, etc., and taking of bids as published in the Waterloo Courier an May 11, 1984, be received and placed on file. Motion carried. May 21, 1984 Page Two HEARINGS CONTINUED 85734 - 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 confirming the approval of plans, specifications, etc.," be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-183. 85735 - Moved by Klinger, seconded by Getty that "Resolution ordering construction on the F.Y. 1985 Rooff Avenue Connection to U.S. Highway 20, Contract No. 269", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-184. 85736 - Moved by Penaluna, seconded by Klinger to receive, file, instruct Deputy Clerk to open and read bids, and refer to City Engineer: (see CR 85745 for award of contract) Bidder Peterson Contractors, Inc. Rampart Corp. Tschiggfrie Excavating Motion carried. Bid Bond Bid 10% $26,237.40 5% $32,337.70 5% $30,828.00 85737 - Don Temeyer, Planning & Development Director, asked that action on sale (see CR 85732) be delayed one (1) week to clear the "subject to clause" (sale of mobile home). Moved by Dowie, seconded by Klinger that action on sale and conveyance of Fire Station No. 2 (Randolph & Byron) be delayed one (1) week. Ayes: Seven. Motion carried. ORAL PRESENTATIONS 85738 - Mike Lyons & Dean Graveman appeared before the Council asking support for Metro Boxing for youth, particularly the cronically disruptive. Waterloo will be hosting the State & Regional meets in the fall. The non-profit organization is located at 714-1/2 Jefferson. Moved by Lichty, seconded by Dowie that the above remarks be received and placed on file. Motion carried. 85739 - Moved by Getty, seconded by Wright that the City Council of the City of Waterloo, Iowa support the Metro Boxing Program, as described above. Motion carried. 1-11\ --r May 21, 1984 ORAL PRESENTATIONS CONTINUED Page Three 85740 - Joyce Wilder, representing Prairie Park, asked that the City take action on water run-off from Allen Hospital near W. Dale Street. The accumulation causes mosquito, rat, and skunk problems. She presented a petition of concerned persons from Prairie Park Apartments. Moved by Getty, seconded by Wright that the above comments be received, placed on file, and appropriate action taken. Motion carried. UNFINISHED BUSINESS 85741 - Mayor Bowers suggested that a citizen's committee be established to draft a drug paraphernalia ordinance from those that have voiced concern about the problem. He reported that Police Chief Huck's memo stated that enforcement may be difficult. Moved by Penaluna, seconded by Dowie that the Mayor appoint a citizen's committee to draft a drug paraphernalia ordinance. Motion carried. 85742 - Mayor Bowers suggested that the following be incorporated into the continuation of the lease agreement with National Cattle Congress: 1. Cattle Congress will agree to pay 50% of all structural and maintenance costs if the City will agree to remain in McElroy for two years. 2. The parties will agree that those costs are both necessary and reasonable. 3. On or before May 30, 1985, the City shall declare its intent with regard to the occupancy of McElroy. 4. If the City elects to continue the occupancy of McElroy, the parties agree to declare the present contract to be null and void and a new contractual agreement shall be negotiated with the City becoming the owner of McElroy Auditorium. 5. The City declares its commitment to providing an ice facility for the interested citizens of Waterloo. Councilperson Penaluna reported that the ice users of the community are committed to the program and have been reasonable with the City. Councilperson Seeber stated that he was uncomfortable with the last clause of Mayor Bower's proposal (City's future purchase of McElroy). It was suggested that paragraph #4 be amended, as follows: If the City elects to continue the occupancy of McElroy, the parties agree to declare the present contract to be null and void and a new contractual agreement shall be negotiated. Assistant Attorney Donna Lesyshen stated that Mayor Bower's statement was a proposal only and could be amended. The final agreement with McElroy Auditorium would still require Council approval. May 21, 1984 Page Four UNFINISHED BUSINESS CONTINUED 85742 - It was explained that one half of the bill to Jens Olesen (cont) Construction Company, Inc., for roof repair to McElroy Auditorium is the responsibility of the City, according to the current contractual agreement. Moved by Penaluna, seconded by Dowie that the following be incorporated into an agreement with McElroy Auditorium, with said amended agreement to be brought to the Council for consideration on Tuesday, May 29, 1984: 1. Cattle Congress will agree to pay 50% of all structural and maintenance costs if the City will agree to remain in McElroy for two years. 2. The parties will agree that those costs are both necessary and reasonable. 3. On or before May 30, 1985, the City shall declare its intent with regard to the occupancy of McElroy. 4. If the City elects to continue the occupancy of McElroy, the parties agree to declare the present contract to be null and void and a new contractual agreement shall be negotiated. 5. The City declares its commitment to providing an ice facility for the interested citizens of Waterloo. Ayes: Five. Nays: Seeber and Lichty. Motion carried. 85743 - Moved by Seeber, seconded by Penaluna that authorization be given to pay the City's portion of the repair to the roof of McElroy Auditorium in the amount of $27,235.00. Ayes: Seven. Motion carried. 85744 - Moved by Dowie, seconded by Seeber that communication from Sign & Traffic Department transmitting recommendation on 3 -Way Stop Sign at intersection of E. Donald and Idaho Streets, be received, placed on file, approved and request denied. Ayes: Six. Nayes: Wright. Motion carried. 85745 - Eric Thorson, City Engineer, reported that the bid of Peterson Contractors, Inc., was in order and could be accepted. Moved by Seeber, seconded by Dowie that "Resolution awarding the F.Y. 1985 Rooff Avenue Connection to U.S. Highway 20, Contract No. 269 to the low bidder, Peterson Contractors Inc., in the amount of $27,237.40", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-185. 85746 - Councilperson Penaluna recommended the appointment of the following persons to the Citizen's Committee on reorganization of City departments: Don Hoth, John Schang, Fedon Petrides, Bill Fry, Don Cleghorn and Bonetta Culp. Moved by Penaluna, seconded by Klinger that the above be received, placed on file, and approved. Motion carried. May 21, 1984 REPORTS CONTINUED 85747 - Moved by Wright, seconded by Getty -1 Page Five that Community Development Board Minutes of April 10, 1984, be received and placed on file. Motion carried. 85748 - Moved by Dowie, seconded by Penaluna that communication from Transportation Program Manager transmitting agreements with Iowa Department of Transportation for reimbursement of preliminary engineering costs for the following projects: Independence Avenue from Walnut Street to Idaho Street Project #IX -6600(1)--79-07 Cedar Terrace Drive from U.S. 218 to Shaulis Road Project #IX -6711(1)--79-07 Hess Road from U.S. 218 to Orange Road Project #IX -6671(1)--79-07 Maynard Avenue from Hackett Road Bypass to Hanna Blvd. Project #IX -6608(1)--79-07 Upton Avenue from Hanna Blvd. to Ansborough Avenue Project #IX -6606(1)--79-07 Easton Avenue from Kimball Avenue to U.S. 218 Project #IX -6504(1)--79-07 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. 1984-186. 85749 - Moved by Klinger, seconded by Penaluna that communication from Transportation Program Manager transmitting agreements with Iowa Department of Transportation for reimbursement for constructions costs on the following projects: Lafayette Street from East Park Avenue to East Fourth Street Project #IX -6594(3)--79-07 Sycamore Street from East Park Avenue to East Fourth Street Project #IX -6590(1)--79-07 East Park Avenue from Cedar River to Franklin Street Project #IX -6579(1)--79-07 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. 1984-187. 85750 - R. S. Fetner - Waterloo Redevelopment Authority, spoke in support of the agreement. The authority will continue to look for a director. Moved by Getty, seconded by Klinger that communication from Planning, Programming, Zoning Commission transmitting proposed Staff Services Agreement with Waterloo Redevelopment Authority be received, placed on file, and "Resolution approving said agreement", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Six. Abstain: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-188. May 21, 1984 Page Six DOCUMENTS CONTINUED 85751 - Moved by Dowie, seconded by Wright that communication from Clerk/Auditor transmitting proposed F. Y. 1984 City Budget Amendment be received, placed on file, and "Resolution setting date of hearing as May 29, 1984 at 7:00 p.m. in the City Hall Council Chambers on the above described amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-189. RESOLUTIONS TO BE ADOPTED 85752 - Moved by Getty, seconded by Penaluna that "Resolution rescinding Resolution No. 1984-171 setting date of hearing on proposed Industrial Revenue Bonds for National Cattle Congress in an amount not to exceed $10,000,000", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-190. 85753 - Moved by Dowie, seconded by Getty that "Resolution fixing date of hearing on proposed Industrial Revenue Bonds for National Cattle Congress in an amount of $10,000,000 for May 31, 1984 at 4:00 p.m. in the City Hall Council Chambers", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-191. ORDINANCES TO BE ADOPTED 85754 - Discussion was heard on whether the ordinance could be enforced in its present form. Bob Brooks, Parks Director and Rick Tagtow, Outdoor Recreation Specialist, reported that the responsibility of determining who was guilty would be in the hands of the judge and not that of the Park Staff. Moved by Getty, 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 received, placed on file, considered and passed for the second time. Ayes: Six. Nays: Wright. Motion carried. 85755 - The Mayor's Blue Ribbon Committee will be meeting to discuss a possible bag limitation and modification to the Spring Clean-up Week. Moved by Getty, 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 received, placed on file, considered and passed for second time., Ayes: Six. Nays: Lichty. Motion carried. May 21, 1984 ORDINANCES TO BE ADOPTED CONTINUED 85756 - Moved by Getty, seconded by Klinger Page Seven 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 second time. Ayes: Six. Nays: Dbwie. Motion carried. 85757 - Moved by Getty, seconded by Penaluna 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 received, filed, considered and passed for the first time. Ayes: Six. Nays: Wright. Motion carried. 85758 - Moved by Klinger, seconded by Wright that "Ordinance amending Ordinance No. 2479, as amended, by adding Subsection No. 211 to Section 2A-5, Rezoning Certain Property ("A-1" Agricultural District to "C-1" Commercial District - 1977 Newell Street)", be received, filed, considered and passed for the second time. Ayes: Seven. Motion carried. 85759 - Moved by Klinger, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspenJed, 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: Six. Nays: Getty. Motion carried. 85760 - Moved by Dowie, seconded by Wright that "Ordinance amending Ordinance No. 2479, as amended, by adding Subsection No. 211 to Section 2A-5, Rezoning Certain Property ("A-1" Agricultural District to "C-1" Commercial District - 1977 Newell Street)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3340. 85761 - Moved by Getty, seconded by Klinger 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 received, filed, considered, and passed for the first time. Ayes: Seven. Motion carried. May 21, 1984 . �,, Page Eight NEW BUSINESS 85762 - Moved by Seeber, seconded by Lichty that communication from Library Board transmitting the resignation of Mary Johnson and entitlement to vacation pay in the amount of $3,131,56 be received, placed on file, approved, and "Resolution approving said payment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-192. 85763 - Moved by Wright, seconded by Getty that communication from Mayor Del Bowers on the appointment of James Lindsey as Community Development Administrator, be received, placed on file and approved. Ayes: Seven. Motion carried. 85764 - Moved by Klinger, seconded by Wright that the City Engineer be instructed to prepare plats, schedule of assessments, etc. for the F.Y. 1985 200 Block of Baltimore Street, Sanitary Sewer Replacement, Contract No. 265. Motion carried. 85765 - Moved by Penaluna, seconded by Getty that plat, schedule, etc. be received, placed on file, and "Resolution preliminarily approving same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-193. i 85766 - Moved by Getty, seconded by Klinger that "Resolution adopting proposed Resolution of Necessity for Contract No. 265 and setting date of hearing as June 11, 1984, at 7:00 p.m. in the City Hall Council Chambers", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-194. 85767 - Moved by Getty, seconded by Klinger that "Preliminary resolution for the construction of Sanitary Sewer Improvements for the F.Y. 1984 Lowder Road Area Sanitary Sewer Project, Phase II, Contract No. 262", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-195. 85768 - Moved by Getty, seconded by Klinger that "Resolution fixing values of lots", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-196. 85769 - Moved by Getty, seconded by Klinger that "Resolution adopting preliminary plat and schedule", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-197. 85770 - Moved by Getty, seconded by Klinger that "Resolution of necessity and setting date of hearing as June 11, 1984 at 7:00 p.m. in the City Hall Council Chambers on above described project", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing accordingly. Resolution adopted and upon approval by Mayor assigned No. 1984-198. --� � f --� May 21, 198 Page Eight NEW BUSINESS 85762 - Moved by Seeber, seconded by Lichty that communication from Library Board transmitting the resignation of Mary Johnson and entitlement to vacation pay in the amount of $3,131.56 be received, placed on file, approved, and "Resolution approving said payment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-192. 85763 - Moved by Wright, seconded by Getty that communication from Mayor Del Bowers on the appointment of James Lindsey as Community Development Administrator, be received, placed on file and approved. Ayes: seven. Motion carried. 85764 - Moved by Klinger, seconded by Wright that the City Engineer be instructed to prepare plats, schedule of assessments, etc., for the F.Y. 1985 200 Block of Baltimore Street, Sanitary Sewer Replacement, Contract No. 265. Motion carried. 85765 - Movevd by Penaluna, seconded by Getty that plat, schedule, etc., be received, placed on file, and "Resolution preliminarily approving same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-193. 85766 - Moved by Getty, seconded by Klinger that "Resolution setting date of hearing as June 11, 1984, at 7:00 p.m. in the City Hall Council Chambers on plans & taking of bids on FY 1985 200 Block of Baltimore Street Sanitary Sewer Replacement, Contract No. 265", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-194. 85767 - Moved by Getty, seconded by Klinger that "Preliminary resolution for the construction of Sanitary Sewer Improvements for the F.Y. 1984 Lowder Road Area Sanitary Sewer Project, Phase II, Contract No. 262", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-195. 85768 - Moved by Getty, seconded by Klinger that "Resolution fixing values of lots", be adopted. Ayes: Seven. 85769 - Moved by Getty, seconded by Klinger that "Resolution adopting preliminary plat and schedule", be adopted. Ayes: Seven. 85770 - Moved by Getty, seconded by Klinger that "Resolution of necessity and setting date of hearing as June 11, 1984 at 7:00 p.m. in the City Hall Council Chambers on above described project", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-198. .-*N May 21, 1984 NEW BUSINESS CONTINUED 85771 - Moved by Lichty, seconded by Wright Page Nine 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 Assistant Police Chief to attend 138th Session of the FBI National Academy, Quantico, Va., June 29 -Sept. 16, 1984 cost not to exceed $635.00. Motion carried. MISCELLANEOUS 85772 - Moved by Dowie, seconded by Getty 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 and Dance License Permits be received, placed on file and approved: Beer and Liquor License Permit Application Class C Barleycorn, 2421 Falls, (Renewal) (Expires 5/22/85) Club Shalimar, 743 Logan Avenue, (Renewal) (Expires 5/22/85) Southtown Lounge, 2026 Bopp (Renewal) (Expires 6/8/85) Beer License Permit Application Class B My Waterloo Days, Byrnes Park, (New) (14 day) My Waterloo Days, Exchange Park (New) (14 day) plus Sunday sales My Waterloo Days, Airport Grounds, (New) (14 day) plus Sunday sales Latin American Club of Waterloo, Inc., Lincoln Park & 4th, (New) (Expires 5/19/84) Beer Permit Application plus Sunday Sales Class C Pester Marketing Company, 611 Rainbow, (Renewal) (Expires 8/1/85) Cigarette Permit Chieftain Corp., dba Kum & Go #449, 217 Washington Dance Permit Cajun Country, 1607 Sycamore Motion carried. 85773 - Moved by Klinger, seconded by Getty that the report of City Attorney and list of bonds filed with Clerk through May 21, 1984, be received, placed on file and report and bonds approved. Motion carried. 1 � l: ►lul�l►II 85774 - Moved by Getty, seconded by Wright that the Council adjourn. Motion carried. Michelle Temeyer Deputy Clerk/Auditor