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HomeMy WebLinkAbout04/02/84April 2, 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 April 2, 1984. Mayor Bowers in the Chair. Roll call: Seeber, Dowie, Wright, Getty, Lichty, Penaluna, and Klinger. Invocation by: Klinger. 85526 - Moved by Getty, seconded by Seeber that the Agenda, as amended for the Regular Session of April 2, 1984, at 7:00 p.m., be accepted and approved. Motion carried. 85527 - Councilman Dowie asked that the minutes of March 26, 1984 reflect the Council's consensus to terminate the City's contract with the Department of Agriculture specifically the Memorandum of Understanding dated July 1, 1983, paragraph 7, of the Mutual Understandings and Agreements dealing with the City's Milk Inspection Department. Moved by Dowie, seconded by Klinger that the Minutes of the Regular Session held March 26, 1984 at 7:00 p.m., be approved, as amended. Motion carried. HEARINGS 85528 - Moved by Dowie, seconded by Wright that proof of publication of notice of public hearing on -issuance of Urban Revitalization Area Revenue Bonds, Series 1984 for Campbell Supply Project in an amount not to exceed $250,000.00 as published in the Waterloo Courier on March 16, 1984 be received and placed on f ile. Motion carried. 85529 - HOLD HEARING --This being the time and place of hearing the Mayor called for written and oral objections. There were none. Councilman Dowie reiterated the Council's desire that local contractors be utilized in construction of the new facility. Moved by Getty, seconded by Seeber that "Resolution determining to proceed with the issuance of Urban Revitalization Area Revenue Bonds, Series 1984 for Campbell Supply Project in an amount not to exceed $250,000.00", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-119. 85530 - Moved by Klinger, seconded by Dowie that proof of publication of notice of public hearing on vacation, sale, and conveyance of portion of Ridgeway Avenue generally located between LaPorte Road and relocated Highway 218 as published in the Waterloo Courier on March 16, 1984 be received and placed on file. Motion carried. April 2, 1984 HEARINGS CONTINUED Page Two 85531 - HOLD HEARING --This being the time and place of hearing the Mayor called for written objections. There were none. Jerry Martin, attorney, representing two (2) property owners adjacent to the proposed vacation (Floyd Brinker and John Rollins) stated that his clients would be willing to purchase the entire 30 foot parcel. He stated that they had maintained the right-of-way adjacent to their property for many years. He asked that the Council not approve the sale to Joe Minard Construction, Inc. He reported that his clients had not been adequately informed of the proposed vacation. Fred Debe, representing Joe Minard Construction, Inc., reported that his client anticipates constructing a $2 million project on the land to the south and would develop the project by incorporating the vacated right-of-way into the plan. Moved by Dowie, seconded by Penaluna that "an Ordinance vacating portion of Ridgeway Avenue generally located between LaPorte Road and relocated Highway 218", be received, placed on file, passed and considered for the first time. Prior to a vote on this motion, the following discussion was heard: Craig Becker, nephew of Mr. Brinker, reported that he had conversations with John McCool from Planning, Programming and Zoning Commission. He supported Mr. Brinker's request to allow sale of a portion of the land to him. Don Temeyer, Planning, Programming and Zoning Director, reported that all adjacent property owners including McDonald's had been given written notification of the Planning, Programming and Zoning Commissions' public hearing on the proposal. A meeting to discuss the matter between the parties was scheduled. A vote was taken on the original motion. Ayes: Five. Nayes: Lichty and Klinger. Motion carried. 85532 - Moved by Getty, seconded by Klinger that proof of publication of notice of public hearing to vacate, sell, and convey a portion of Alexandra Circle - (James Youngblut) as published in the Waterloo Courier on March 23, 1984, be received and placed on file. Motion carried. 85533 - 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 Penaluna that "an Ordinance vacating portion of Alexandra Circle", be received, filed, considered and passed for the first time. Ayes: Seven. Motion carried. April 2, 1984 Page Three HEARINGS CONTINUED 85534 - Moved by Klinger, seconded by Wright that proof of publication of notice of public hearing to vacate a twenty (20) foot utility easement, Original Plat West Waterloo -- Varsity Cleaners, as published in the Waterloo Courier on March 23, 1984, be received and placed on file. Motion carried. 85535 - 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 Dowie, seconded by Getty that "an Ordinance vacating a twenty (20) foot utility easement, Blk. 41, Original Plat West Waterloo --Varsity Cleaners", be received, filed, considered and passed for the first time. Ayes: Seven. Motion carried. 85536 - Moved by Dowie, 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: Six. Nayes: Lichty. Motion carried. 85537 - Moved by Seeber, seconded by Penaluna that "an Ordinance vacating twenty (20) foot utility easement, Blk. 41, Original Plat West Waterloo --Varsity Cleaners", be adopted. Ayes: Six. Nayes: Lichty. Ordinance adopted and upon approval by Mayor assigned No. 3331. ORAL PRESENTATIONS The Mayor called for oral presentations and there were none. PETITIONS FROM PUBLIC 85538 - Moved by Getty, seconded by Seeber that communication from Cedar Valley Parent Support Group requesting ordinance to eliminate the sale or possession of drug paraphernalia and drug magazines in the City of Waterloo, be received, placed on file, referred to the City Attorney for review and recommendation in two (2) weeks. Motion carried. 85539 - Moved by Klinger, seconded by Lichty that communication from Planning, Programming and Zoning Commission transmitting request to rededicate portion of W. 16th Street lying southwesterly of vacated River Street (flood control dike) and northeasterly of the alley which parallels Black Hawk Street, together with recommendation of approval be received, placed on file, and "Resolution setting date of hearing as April 23, 1984, at 7:00 p.m., in the City Hall Council Chambers on above described request", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-120. April 2, 1984 Page Four 85540 - Moved by Wright, seconded by Getty that oral communication from Mayor Del Bowers on the Illinois Central Railroad Crossing at E. 4th, Sumner and Dane Streets reporting that future delays will be minimized be received and placed on file. Motion carried. Vii. ;ui�+►r�. 85541 - Moved by Penaluna, seconded by Seeber that communication from Transportation Program Manager transmitting Sanitary Sewer Design Contracts with Schenk Engineering Company at a cost of $4,600.00 for Interstate Substitution Projects IX6641(1)--79-07, Kimball Avenue, together with recommendation of approval be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-121. RESOLUTIONS TO BE ADOPTED 85542 - Moved by Getty, seconded by Klinger that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, approving revision No. Two (2) to the CIAP Program Budget for Federal Fiscal Year ending 9-30-82 as approved by HUD in the original amount of $162,444 for Ridgeway Towers, IA05003", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-122. 85543 - Deborah Collett, Executive Director of the Waterloo Housing Authority, reported that application was'being made to convert the heating system from electric to gas. Moved by Getty, seconded by Klinger that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, adopting submission of application No. Two (2) to HUD for Comprehensive Improvement Assistance Program Funds for modernization of Ridgeway Towers, IA050003", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-123. 85544 - Moved by Seeber, seconded by Dowie that "Resolution directing the advertisement for sale of $115,000.00 Street Improvement Bonds for F.Y. 1984 Paving Program, Contract No. 250 and setting date of sale as April 23, 1984, at 7:00 p.m., in the City Hall Council Chambers on above described sale", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-124. N April 2, 1984 Page Five RESOLUTIONS TO BE ADOPTED CONTINUED 85545 - Councilman Getty presented the following resolution: Resolution for Joint City/County Law Enforcement Center Be It Resolved by the Council of the City of Waterloo, Iowa, that: The City of Waterloo, Iowa, join with Black Hawk County in the planning, construction, ownership and operation of a joint City/County Law Enforcement Center, subject to the development of satisfactory arrangements for the above and/or to Black Hawk County obtaining favorable action by the voters to approve the issuance of general obligation bonds for the entire cost thereof. Moved by Getty, seconded by Klinger that "Resolution for joint City/County Law Enforcement Center", be adopted. Prior to the vote on the above resolution Seeber stated that he has had two major problems with the joint City/County Law Enforcement Center. A mad rush to make a commitment by the City. Now that the County has cancelled placing the issue on the primary ballot, the City can take more time in reviewing the total picture. Seeber continued the second problem is that he feels the eleven million dollar project is excessive and could be scaled down to a workable amount. Seeber stated that he was prepared to introduce a substitute resolution with the above concepts and support the total concept with reasonable cost controls. Getty pointed out that one of the first issues that the citizens committee needs to know is if the City will join with the County in a Law Enforcement Center. Moved by Seeber, seconded by Penaluna to amend Councilman Getty's resolution as follows: The City feels that the eleven and one half million dollars is too high, and we would urge the citizen's committee to cooperate with the Mayor to scale this project down to a more reasonable amount. Lichty stated that the Jail Committee has been working on this project for about two years. Getty asked for an amount Seeber would like to see the project trimmed to. Seeber stated that now that there is time to work, he would leave that up to the Jail Committee and Mayor. There was then a vote on the amendment. Ayes: Six. Nays: Lichty. Amendment adopted. Then the vote was called for on Councilman Getty's resolution as amended. Ayes: Six. Nayes: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-125. April 2, 1984 Page Six RESOLUTIONS TO BE ADOPTED CONTINUED 85546 - Moved by Getty, seconded by none that "Resolution approving Site A (Courthouse Parking Lot Site) for the location of the joint City/County Law Enforcement Center", be adopted. Dowie stated that he supported the concept without choosing one site over another. Seeber stated that he would be willing to state which site he is in favor of but would be against passing a formal resolution to that effect. Getty stated that by passing a resolution for Site A, if the Jail Committee decides on a different location, it would then come back to the Council for approval. Mayor Bowers called for a second to Councilman Getty's resolution. There was none. Resolution dies for lack of a second. Moved by Seeber, seconded by none that the City's representatives recommend Site A (Court House Parking Lot). (Simple Motion). Mayor Bowers called for a second. There was none. Councilman Seeber then withdrew his motion. Moved by Penaluna, seconded by none that the City goes along with whichever site the Jail Committee recommends. Jim Bauch, Black Hawk County Attorney, spoke against selecting one site over another and binding the Jail Committee. Mayor Bowers called for a second to Councilman Penaluna's motion. There was none. Councilman Penaluna then withdrew his motion. Moved by Seeber, seconded by Klinger that the City's two representatives recommend Site A (Court House Parking Lot). Ayes: Four. Nayes: Getty, Lichty, and Penaluna. Motion carried. ORDINANCES TO BE ADOPTED 85547 - Moved by Seeber, seonded by Klinger that "Ordinance amending Ordinance No. 2644, known as the Traffic Code, by repealing Subsection (17a) Meadow Lane and Russell Road of Section 544, All Way Stop Intersections", be received, placed on file, passed and considered for the second time. Ayes: Seven. Motion carried. 60 April 2, 1984 Page Seven ORDINANCES TO BE ADOPTED CONTINUED 85548 - 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. 85549 - Moved by Klinger, seconded by Seeber that "Ordinance amending Ordinance No. 2644, known as the Traffic Code, by repealing Subsection (17a) Meadow Lane and Russell Road of Section 544, All Way Stop Intersections", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3332. NEW BUSINESS 85550 - Moved by Getty, seconded by Lichty that communication from Water Pollution Control Plant Superintendent transmitting recommendation on appointment of Leonard Zmolek as Assistant Superintendent of Water Pollution Control Plant, be received, placed on file and approved. Motion carried. MISCELLANEOUS 85551 - Moved by Penaluna, 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 Permit Application and Dance License Application be received, placed on file and approved: Beer and Liquor License Application Permit plus Sunday Sales Class C Nino's, 3551 University (Renewal) (Expires 4/17/85) Good Times, 1400 E. 4th Street, (Old location -new owner) (Expires 4/6/85) Beer License Permit Application plus Sunday Sales Class B Waterloo Baseball Association, Inc., 850 Park Road, (6 months seasonal -new) (Expires 10/21/84) Beer License Permit Application plus Sunday Sales Class C Cwt s Highland Mkt., Inc., 909 Independence, (Renewal) (Expires 4/5/85) Cigarette Permit lication Skyvue Drive -In Theatre, 3066 Independence The American Legion, 619 Franklin Dance License Application National Cattle Congress, 310 West Conger Motion carried. April 2, 1984 Page Eight 85552 - Moved by Dowi.e, seconded by Getty that the report of City Attorney and list of bonds filed with Clerk through April 2, 1984 be received, placed on file and report and bonds approved. Motion carried. a O I ie uUi�►rr 85553 - Moved by Klinger, seconded by Seeber that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor