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HomeMy WebLinkAbout05/14/84May 14, 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 14, 1984. Mayor Bowers in the Chair. Roll call: Seeber, Dowie, Wright, Getty, Lichty, Penaluna, and Klinger. Invocation by: Klinger. 85695 - Moved by Wright, seconded by Dowie that the Agenda, as proposed for the Regular Session of May 14, 1984, at 7:00 p.m., be accepted and approved. Motion carried. 85696 - Moved by Seeber, seconded by Dowie that the Minutes of the Regular Session held May 7, 1984, at 7:00 p.m., be approved. Motion carried. HEARINGS 85697 - Moved by Penaluna, seconded by Klinger that proof of publication of notice of public hearing to increase garbage fees from $4.50 per month to $4.80 per month, as published in the Waterloo Courier on May 8, 1984, be received and placed on f ile . Motion carried. 85698 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for oral and written objections and there were none. Moved by Getty, seconded by Klinger that an "Ordinance amending Chapter 16, Garbage and Refuse, of the Code of Ordinances of the City of Waterloo, Iowa, by re�ealing Subsection (a) of Section 16-8, fee for service; penal 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 first time. Ayes: Six. Nays: Lichty. Motion carried. ORAL PRESENTATIONS 85699 - C. L. Hoffman, 2816 Idaho Street, requested a stop sign from all directions at the intersection of E. Donald and Idaho Streets. He also reported that with the increased speed limits on Idaho Street, traffic was moving too rapidly. Moved by Getty, seconded by Wright that the above remarks be received, placed on file and referred to the Police and Sign and Traffic Departments. Motion carried. May 14, 1984 ORAL PRESENTATIONS CONTINUED Page Two 85700 - Councilperson Lichty requested that the Council reconsider action taken under CR 85665 of May 7, 1984 on the rezoning of a parcel generally located at 1977 Newell Street from "A-1" Agricultural District to "C-1" Commercial District. (Councilperson Lichty voted on the prevailing side.) The City Attorney stated that this was appropriate action. Moved by Lichty, seconded by Dowie that said action be brought to the table for reconsideration. Ayes: Seven. Motion carried. 85701 - Moved by Getty, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 211 to 2A-7, Rezoning Certain Property", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. 85702 - Moved by Dowie, seconded by Klinger that communication from Iowa Department of Transportation transmitting notification of proposed street construction for relocated Highway 20 between U.S. 63 easterly to the combined U.S. 20/I-380/U.S. 218 Interchange be received and placed on file. Motion carried. 85703 - Moved by Lichty, seconded by Penaluna that City Auditor's Statement for April, 1984 be received and placed on file. Motion carried. 85704 - Mayor Bowers stated his position on the lease agreement with National Congress Board: We, the City of Waterloo, will pay one-half (507.) of the estimated cost of construction and architect's fee of the plan presented by Mr. Ivan Warm of Stenson, Warm, Grimes and Port Architects, Inc., which would make McElroy Auditorium structurally sound. If the National Cattle Congress contemplates any additional alteration of McElroy which might affect the City and/or the Waterloo Recreation Commission either .financially or programmatically, prior approval must be obtained from the City. Due to our sharing of the cost for the plans to make McElroy structurally sound, we, the City of Waterloo, hereby agree to waive its right under the Extension of Lease (Paragraph #2) for one year beginning May 31, 1984. 'Thereafter, the City shall, if conditions so warrant, exercise its right to vacate the leased premises by giving the three hundred sixty-five (365) day written notice to Congress. May 14, 1984 I.11Do0 710KCI)k)I VIkN M DID] Page Three Councilperson Penaluna explained an alternative proposal to continuation of the current McElroy Lease. His proposal included the construction of a new facility at an estimated cost of $1.7 million. The Hockey Association has indicated their willingness to assist in funding of the facility in the amount of $700,000. Construction would be complete for ice usage in October, 1985, with the site of the facility to be on city owned property located between W. 8th Street and W. 9th Street, along Cedar River. Dr. Richard Long stated his approval of Mr. Penaluna's project by indicating that it would be a cheaper and better facility. Councilperson Penaluna reiterated his support for the ice program and the ice enthusiasts. Moved by Getty, seconded by Lichty that the communication from Mayor Bowers on the McElroy Lease and Councilperson Penaluna's proposal be received, placed on file, and action delayed for one (1) week to allow for further refinement of money sources and project time line. Prior to a vote on the above motion, the following additional discussion was heard: Councilperson Seeber expressed his support for an ice facility near the downtown area due to its positive impact on adjacent businesses. Dr. Steve Bloom suggested that in addition to ice usage, the facility should also support symphony or arts type uses. Jack Shakey, President of the Waterloo Warrior Hockey Team, spoke in support of a new facility. A roll call was taken on the above motion. Ayes: Seven. Motion carried. 85705 - Moved by Penaluna, seconded by Klinger that the above remarks on the McElroy Lease/new ice facility be received and placed on file. Motion carried. 85706 - Moved by Klinger, seconded by Getty that proposed Agreement with Jensen, Cary, and Shoff Consulting Engineers Inc., for preliminary engineering agreement on F.Y. 1985 Maynard Avenue Paving and Incidentals from Hackett Road By -Pass to Letsch Road, Contract No. 270, together with City Engineer's recommendation of approval 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. 1984-173. May 14, 1984 RESOLUTIONS TO BE ADOPTED 85707 - Moved by Dowie, seconded by Wright Page Four that "Resolution authorizing to proceed with condensation for permanent easement in conjunction with Lowder Road Sanitary Sewer, Phase II, Contract No. 262 from Gerald 0. and Carol A. Robinson", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-174. 85708 - Moved by Penaluna, seconded by Klinger that "Resolution authorizing the issuance of $620,000.00 Industrial Development Bonds for Verner D. and Donna Nelson", be adopted. (renovation of former YMCA Building located on W. Park & Cedar St.) Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-175. 85709 - Moved by Klinger, seconded by Penaluna that "Resolution approving Deed of Conveyance of Certain Excess Right -of -Way to Joe Minard Construction, Inc.", (Ridgeway Ave.) be adopted. Ayes: Six. Nays: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-176. 85710 - Moved by Seeber, seconded by Getty that "Resolution authorizing cancellation of paving assessment for City owned property on W. 4th Street, next to Waterloo Building", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-177. ORDINANCES TO BE ADOPTED 85711 - Moved by Getty, seconded by Klinger that "an 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 first time. Ayes: Seven. Motion carried. 85712 - Jan Guthrie, speaking on behalf of Green Scene, spoke in support of the proposed vegetation ordinance. This ordinance if adopted would be a first step in a tree replacement program. The City of Waterloo is one of only a few major cities in the upper midwest without such an ordinance. Terry Poe spoke in support of the replanting program and thanked the Park Department staff for their support in developing the ordinance. In order to be eligible for designation in the Tree City USA Program, $1 per capita must be spent per year by a municipality. Moved by Klinger, seconded by Dowie that "an 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 first time. Ayes: Seven. Motion carried. --11\ -'1 May 14, 1984 Page Five ORDINANCES TO BE ADOPTED CONTINUED 85713 - Moved by Lichty, seconded by Penaluna that the remarks in regard to the vegetation ordinance be received and placed on file. Motion carried. BILIS PAYMENT 85714 - Moved by Dowie, seconded by Getty that "Bills, Resolution Schedule A and B", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-178. 85715 - Moved by Klinger, seconded by Getty 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 No. 5 in the amount of 259,509.37 frc Construction Co. Sixth Street Brid e, Contract No. 215 Pay estimate No. 10 in the amount o 54,975.91 from Shappart Engineering Co. Sixth Street Bridge, Contract No. 215 Pay estimate No. 3 in the amount of $14,418.58 from Brice, Petrides & Assoc., Inc. Sixth Street Bridge, Contract No. 215 Pay estimate No. 9 in the amount o $119,492.16 from Shappart Engineering Co. F.Y. 1983 Highway 63 Pumping Station, Contract No. 248 Pay estimate No. 6 in the amount of 33,380.00 from Jens Olesen and Sons Construction Co. F.Y. 1984 Lafayette Street Sanitary Sewer Extension, Contract No. 259 Pay estimate No. the amount of $23,912.36 from Tschiggfrie Excavating. wood Area Paving, Contract No. 256 estimate No. 5 to Rohlin Construction in the amount ,104.19", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-179. May 14, 1984 Page Six BILLS PA)IENT CONTINUED 85716 - Moved by Klinger, seconded by Getty that "Resolution approving the following statements for amounts shown together with recommendation of approval: Project No. IX6662(1)--79-07 Donald Street (U.S. 20 to Sage Road) Statement from Brice, Petrides and Assoc., Inc., in the amount of $11,665.03. Project No. IX6498 (1) --79-07 San Marnan Drive (formerly Iowa Highway 412 from W. 4th Street to Sheffield Avenue) Statement from Brice, Petrides and Assoc., Inc., in the amount of $11,379.23. Project No. IX6641(1)--79-07 Kimball Avenue to Ridgeway Avenue to South City limits ta�tement trom Schenk Engineering Company in the amount of $5,761.16. Project No. to W. Shaul tatement the amount Project No. Statement f the amount IX6587(1)--79-07 W. 4th Street (Ansborough Avenue is Road) sen of $1,712.98. ng, IX6470(3)--79-07 Shaulis Road (Iowa 21 to U.S. 63 om Wavne Claassen Engineering- & Survevinq. Inc. i of $8,932.09. Project No. IX6591(1)--79-07 Hoff Road (W. 4th Street to West Shaulis Road Statement from Robinson Engineering Company in the amount of $3,483.65. East Park Avenue Parking Facility, Contract No. 251 Statement from Brice, Petrides & Assoc., in the amount of $51,800.59. Intercity Interceptor Project, proposed sewer line in Jefferson and Bluff Streets, Contract No. 248 tatement om Twin City Testing & Engineering Laboratory, Inc. in the amount of $2,756.95. Project No. IX6615(1)--79-07 Ansborough Avenue (from San Marnan Drive to University Avenue) Statement from Brice, Petrides & Assoc., Inc in the amount of $10,426.63", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-180. NEW BUSINESS 85717 - Moved by Dawie, seconded by Lichty that communication from Police Chief transmitting recommendation on the appointment of Lee Ann Martin as Dispatcher be received and placed on file. Motion carried. AN May 14, 1984 Page Seven NEW BUSINESS CONTINUED 85718 - Moved by Seeber, seconded by Klinger that communication from Mayor Del Bowers on the appointment of Donald J. Temeyer to the position of Planning and Development Director, be received, placed on file, and approved. Ayes: Seven. Motion carried. 85719 - Moved by Klinger, seconded by Dowie that plats, schedule of assessments, etc., for the F.Y. 1984 Oiling Program, Contract No. 267, be received, placed on file and approved. Motion carried. 85720 - Moved by Getty, seconded by Seeber that "Resolution adopting preliminary plat and schedule of assessments for the F.Y. 1984 Oiling Program, Contract No. 267', be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-181. 85721 - Moved by Penaluna, seconded by Lichty that "Resolution adopting proposed Resolution of Necessity and setting date of hearing as June 4, 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. 1984-182. 85722 - Moved by Getty, seconded by Lichty that the following requests for permission to attend functions with expenses not to exceed amounts shown, be received, placed on file and approved: Attend Functions Eight Police Officers to attend Iowa Association of Chiefs of Police Match, June 2-3, 1984, Cedar Rapids, Iowa, cost not to exceed $400.00 total. Motion carried. MISCELLANEOUS 85723 - Moved by Getty, seconded by Wright 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 Cigarette Permit Licenses be received, placed on file and approved: Beer and Liquor License Application Permits Class C Kit Kat Club, 1933 Williston (Renewal) (Expires 5/15/85) The Wheel House, 626 Water Street, (Renewal) (Expires 5/17/85) plus Sunday Sales E1 Toro Lounge Inc., 3005 University Avenue, (Renewal) (Expires 6/1/85) plus Sunday Sales Purple Parrott, 2043 Logan Avenue (Renewal) (Expires 6/1/85) May 14, 1984 MISCELIANEOUS CONTINUED Page Eight Beer License Application Permit Class B Crossroads Center Merchants Assoc., 124 Crossroads Center, (6 months seasonal) (Nein) Beer License Application Permit Class C Cityview Market, 2324 Idaho, (Renewal) (Expires 5/14/85) Chieftain Corporation, Kiln & Go #449, 217 Washington (New) (Expires 5/11/85) plus Sunday Sales Cigarette Permit Skyvue Drive -In Theatre, 3066 Independence Avenue Cajun Country, 1607 Sycamore Motion carried. 85724 - Moved by Getty, seconded by Wright that communication from Dutch Mill, 823 Franklin, to be allowed to operate a Beer Garden on said premises, be received, placed on file, and approved and Clerk/Auditor instructed to notify the Iowa Beer and Liquor Control Department accordingly. Motion carried. 85725 - Moved by Getty, seconded by Klinger that the following Pawnbroker License Application be received, placed on file and approved: Pawnbroker License Application Gin s Pawn Shop & Antiques, 2717 Falls Avenue Motion carried. BONDS 85726 - Moved by Wright, seconded by Dowie that the report of City Attorney and list of bonds filed with Clerk through May 14, 1984, be received, placed on file and report and bonds approved. Motion carried. 85727 - Councilperson Seeber reported that since it was National Municipal Clerks Week, the Council should recognize Waterloo City Clerk, Larry P. Burger. Moved by Seeber, seconded by Wright that the above remarks be received and placed on file. Motion carried. I"t81i0►4RI,r 85728 - Moved by Getty, seconded by Seeber that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor