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HomeMy WebLinkAbout02/13/84February 13, 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 February 13, 1984. Mayor Bowers in the Chair. Roll call: Seeber, Dowie, Wright, Getty, Lichty, Penaluna and Klinger. Invocation by: Seeber. 85313 - Moved by Dowie, seconded by Wright that the Agenda, as amended for the Regular Session of February 13, 1984 at 7:00 p.m., be accepted and approved. Motion carried. 85314 - Moved by Klinger, seconded by Lichty that the Minutes of the Regular Session held February 6, 1984 at 7:00 p.m., be approved. Motion carried. HEARINGS 85315 - Moved by Penaluna, seconded by Seeber that proof of publication of notice of public hearing on request to rezone from "A-1" Agricultural District to "M-1" Light Industrial District a parcel of property bounded by Texas Street, E. Shaulis Road, relocated Highway 218 and I-380/520 Interchange as published in the Waterloo Courier on January 27, 1984 be received and placed on file. Motion carried. 85316 - HOLD HEARING --This being the time and place of hearing, the Mayor called for oral and written objections. Councilperson Lichty questioned who requested the rezoning and what use the property would be utilized for. Don Temeyer, Director of Planning, Programming and Zoning Commission, reported that James Ernest had made the original request for rezoning approximately 11 acres within the proposed "M-1" Light Industrial area. The Commission then amended the request to include the proposed area based upon the Future Land Use Plan and the proximity of streets, highways, and sanitary sewer to serve light industrial businesses. Councilperson Lichty opposed the request, as the specific use of the property was unknown. Moved by Getty, seconded by Penaluna that "an Ordinance amending Ordinance No. 2479, as amended, Zoning Ordinance by adding Sub -section No. 209 to Section 2A-7, Rezoning Certain Property", be received, placed on file, passed and considered for the first time. Ayes: Six. Nayes: Lichty. Motion carried. February 13, 1984 Page Two HEARINGS CONTINUED 85317 - Moved by Dowie, seconded by Klinger that proof of publication of notice of public hearing on request of Schenk Engineering to rezone from "R-2" One & Two Family Residence District to "C-2" Commercial District 2.4 acres located south of A.E. Mayner Court and east of Hammond Avenue as published in the Waterloo Courier on January 27, 1984 be received and placed on file. Motion carried. 85318 - HOLD HEARING --This being the time and place of hearing, the Mayor called for written and oral objections. Larry P. Burger, Clerk/Auditor reported that petitions of objections had been submitted (dated December 12, 1983). Moved by Klinger, seconded by Wright that said petition of objection submitted by area residents be received and placed on file. Motion carried. 85319 - Fred Debe, of Schenk Engineering Company, speaking on behalf of Menard's, Inc., reported that a compromise had been reached between area residents opposed to the request and the developer. The following conditions were agreed upon: 1) Menard's would construct an 8 ft. fence along the westerly property line (along Hammond Avenue); 2) Landscaping will be placed between the fence and right-of-way along Hammond Avenue; 3) should Menard's fail to locate at this site, they would not object to rezoning of the site to "R-2" One & Two Family Residence District; 4) that the above conditions would become a part of the real estate transactions of the property. Don Temeyer, Planning, Programming and Zoning Director, reported that the Planning, Programming, and Zoning Commission had reviewed the compromise and had received and placed on file the compromise, but did not take action to reverse their recommendation of denial. Eric Ritchie of Menard's Inc., also reiterated Mr. Debe's proposal and supported the request. Moved by Dowie, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, Zoning Ordinance by adding Sub -section No. 210 to Section 2A-7, Rezoning Certain Property", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. ORAL PRESENTATIONS The Mayor called for oral presentations and there were none. February 13, 1984 DOCUMENTS 85320 - Moved by Wright, seconded by Penaluna ka Page Three that communication from Public Building and Grounds Committee transmitting proposed contract with Brice, Petrides and Associates, Inc., for a Feasibility Study for Pedestrian Skywalk System for the Downtown Area of Waterloo, Iowa, together with recommendation of approval be received, placed on file and "Resolution approving said contract", be adopted and Mayor and Clerk/Auditor authorized to execute same. Prior to a vote on the resolution, the following discussion was heard. 85321 - Councilperson Lichty presented petitions against the feasibility study on the downtown skywalks. Moved by Dowie, seconded by Wright that said petitions be received and placed on file. Motion carried. 85320 - Mrs. Mike Baker, 1300 Byron Avenue, spoke against the proposal. (cont) Don Temeyer, Planning, Programming and Zoning Director, reported that the feasibility study would consider future needs of the downtown and stated a public hearing would be held prior to each stage of progress. He also stated that the $25,000 feasibility study would be paid from Tax Increment Financing Funds. Former Mayor Leo P. Rooff spoke in favor of the feasibility study and asked the Council to continue aggressiveness in the downtown's economic development. After further discussion pro and con to the skywalk feasibility study, the question was called for. Ayes: Six. Nayes: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-51. PETITIONS FROM PUBLIC 85322 - Larry Thompson, representing the Police Protective Association spoke against the proposed elimination of the indoor shooting range at the Police Training Center on Elk Run Road. Mr. Thompson stated that the range is needed for that type of training that cannot be accomplished on an outside range. Moved by Dowie, seconded by Getty that the request of the Waterloo Police Protective Association be received, placed on file and referred to the Public Safety Committee for study. Motion carried. 85323 - Moved by Dowie, seconded by Klinger that the City Auditor's Statement for January 1984 be received and placed on file. Motion carried. February 13, 1984 Page Four REPORTS CONTINUED 85324 - Moved by Klinger, seconded by Seeber that communication from Mayor's Blue Ribbon Committee -Public Works Committee transmitting recommendation on assessment method for street reconstruction work be received, placed on file and an update from City Staff be presented tonight and a public discussion meeting be held at the City Council Meeting of February 27, 1984 at 7:00 p.m. Motion carried. Don Temeyer reviewed the process the Blue Ribbon Committee followed to arrive at its final recommendation for twenty-five percent assessment for future street reconstruction programs. Mr. Temeyer continued that the City could complete 18.75 blocks of City streets without an assessment program and 25 blocks of streets with an assessment program. Thomas Langlas, member of the Blue community needs to be informed; he week delay to allow input. Ribbon Committee stated that the commended the Council for the two Dean Platt, 3905 Oak Park Circle and Vern Duffy, 3723 Cadillac Drive, spoke against the assessment program. Dowie is now absent. 85325 - Moved by Klinger, seconded by Wright that communication from City Engineer, transmitting Change Order No. 4 from Lametti and Sons., Inc., for decrease in the amount of $50,623.68 for the F.Y. 1983 Orange Grove Trunk Sewer, Contract No. 247 Intercity Interceptor, Stage 1, together with recommendation of approval be received, placed on file, approved and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 85326 - Moved by Klinger, seconded by Wright that communication from City Engineer, transmitting Change Order No. 1 from Chuck Heene Construction for increase in the amount of $1,621.00 for the F.Y. Foundation for Sewer Department Building at Water Pollution Control Plant, together with recommendation of approval be received, placed on file, approved and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 85327 - Moved by Seeber, seconded by Klinger that communication from City Engineer, transmitting the Completion Report and Recommendation of Acceptance for the F.Y. 1983 Park Avenue Bridge Repairs and Painting, Contract No. 240 for Waterloo Construction Company Inc., be received, placed on file, and "Resolution approving said document", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1984-52. .-N h February 13, 1984 Page Five RESOLUTIONS TO BE ADOPTED 85328 - Moved by Getty, seconded by Wright that the "Resolution transferring from the Federal Revenue Sharing Fund the sum of Five Hundred Seventy Nine, Three Hundred Thirty Two Dollars ($579,332.00) to the General Fund", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1984-53. 85329 - Moved by Penaluna, seconded by Klinger that communication from Sign and Traffic recommending three (3) ton embargo on Hanna Blvd., between Falls Avenue and Rainbow Drive be received, placed on file, and "Resolution approving said embargo", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1984-54. ORDINANCES TO BE ADOPTED 85330 - Moved by Getty, seconded by Lichty that "an Ordinance vacating sixteen (16) foot utility easement in Lot 155, Granger's Second Addition", be received, placed on file, passed and considered for the second time. Ayes: Six. Absent: Dowie. Motion carried. 85331 - 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: Six. Absent: Dowie. (amendments to Sign Ordinance) Motion carried. 85332 - Moved by Penaluna, seconded by Getty that "an Ordinance amending the Code of the Ordinances of the City of Waterloo, Iowa, by repealing sections 3-1,3-12,3-16,3-17,3-29,3-30(b) 3-31,3-31.2,3-32(c)(1) and (d), 3-35,3-37(a) and (c), 3-38,3-45, 3-47,3-48,3-57,3-61(a) and (c), 3-62, 3-64,3-73(d), 3-74(b) and (d), all of Chapter 3, Advertising and Signs, and enacting in lieu thereof New Sections 3-1, 3-12,3-16,3-17,3-29,3-30(b), 3-31,3-31.2, 3-32(c)(1) and (d), 3-37(a) and (c), 3-38,3-45,3-47,30-48,3-61(a) and (c), 3-62, 3-64,3-73(d), 3-74(b) and (d) of Chapter 3, Advertising and Signs; and by adding Sections 3-49 and 3-73(e) and (f) to Chapter 3, Advertising and Signs", be adopted. Ayes: Six. Absent: Dowie. Ordinance adopted and upon approval by Mayor assigned No. 3325. BILLS PAYMENT 85333 - Moved by Getty, seconded by Seeber that "Bills, Resolution, Schedule A and B", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1984-55.' February 13, 1984 Page Six BILLS PAYMENT CONTINUED 85334 - Moved by Getty, seconded by Klinger that "Resolution approving the following pay estimates for amounts shown together with recommendation of approval: F.Y. 1983 Highway 63 Pumping Station, Contract No. 248, Intercity Interceptor Stage II Pay estimate No. 3 trom Jens Olesen & Sons Construction Co., in e amount of $106,685.00. F.Y. 1983 Orange Grove Trunk Sewer, Contract No. 247, Intercity Interceptor, Stage I Pay estimate No. 10 from Lametti & Sons, Inc., in the amount o $8,136.01. F.Y. 1984 Foundation Sewer Department Building, Contract No. 261 Pay estimate No. T trom Chuck Heene Construction Inc., in the amount of $32,125.00. F.Y 1984 Maywood Area Paving, Contract No. 256 Pay Estimate No 4 from Rohlin Construction, Inc., in the amount of $82,435.30. F.Y. 1983 East Park Avenue Parking Facility, Contract No. 251 Pay estimate No. 2 from Cardinal Construction in the amount o $45,268.10", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1984-56. 85335 - Moved by Getty, seconded by Klinger that "Resolution approving the following statements for amounts shown together with recommendation of approval: Kimball Avenue to Ridgeway Avenue to South City Limits, Project IX -6641(1)--79-07 Statement No. 1 trom Schenk Engineering Co., in the amount o $15,668.26. Final payment to Illinois Central Gulf Railroad, Project No. PRO -000S(2)--71-07 crossing signal installation at Westfield and Durvea Final Payment ince amount of $14,726.19 to Illinois Central Gulf Railroad", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1984-57. NEW BUSINESS 85336 - Moved by Klinger, seconded by Wright that communication from Police Chief transmitting resignation of Michael Quinn together with payment of accumulated sick leave and vacation pay in the amount of $15,991.61 be received, placed on file, and "Resolution approving same", be adopted and Clerk/Auditor authorized to draw a warrant accordingly. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1984-58. '-N February 13, 1984 NEW BUSINESS CONTINUED 85337 - Moved by Klinger, seconded by Wright Page Seven that communication from Police Chief transmitting resignation of Marlys Rosburg together with payment of accumulated sick leave and vacation pay in the amount of $3,961.72 be received, placed on file, and "Resolution approving same", be adopted and Clerk/Auditor authorized to draw a warrant accordingly. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1984-59. 85338 - Moved by Klinger, seconded by Wright that communication from Water Pollution Control Plant transmitting resignation of Leonard Miller together with payment of accumulated vacation pay in the amount of $485.46 be received, placed on file, and "Resolution approving same", be adopted and Clerk/Auditor authorized to draw a warrant accordingly. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1984-60. 85339 - Moved by Penaluna, seconded by Lichty that communication from Police Chief transmitting appointment of Steven Tomkins be received, placed on file, and approved. Motion carried. 85340 - Moved by Wright, seconded by Getty that communication from Waterloo Water Works transmitting resolution regarding stopping the flow of water and preventing further damage to 119 Argyle Street, owned by Elvan and Verdella Wooten, be received, placed on file and "Resolution authorizing certification of $698.50 for water kill at 119 Argyle Street", be adopted and Clerk/Auditor instructed to take appropriate action. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1984-61. 85341 - Moved by Getty, seconded by Klinger 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 Police Officer to attend Basic Police Training Class, Iowa Law Enforcement Academy, Johnston, Iowa, February 13 - March 27, 1984 cost not to exceed 397.50 plus use of city vehicle. Council person to attend National League of Cities Convention Training Session, March 2-5, 1984, Washington, D. C., not to exceed $920.00. Motion carried. February 13, 1984 MISCELLANEOUS 85342 - Moved by Getty, seconded by Seeber Page Eight 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 Cigarette Permit Applications be received, placed on file and approved: Beer and Wine License Permit Application Class C Wo -b-0 's Inc., 2936 University Avenue, (New) (Expires 2/13/85) Beer and Liquor License Permit Application Class C Babes Tavern, 210 Division, (Renewal) (Expires 3/25/84) Holiday Inn Civic Center, Inc., W. 4th & Commercial (Renewal) (Expires 3/24/85) Beer License Permit Application plus Sunday Sales Class C Chieftain Oil Company of Iowa, Inc., 217 Washington, (Renewal) (Expires 3/4/85/ Gordy's Inc., 2834 Ansborough, (Renewal) (Expires 3/10/85) Eagle Discount Supermarket 9131, Washington & W. 7th Street, (Renewal) (Expires 4/1/85) Family Circle DX, 3039 Saratoga Drive, (Renewal) (Expires 3/30/85) Krause Gentle Oil Corporation dba Kum and Go 99442, 2900 Falls Ave, (Renewal) (Expires 2/27/85) Cigarette Permit Application Kum & Go 99442, 2900 Falls Avenue. Urban Enterprises, Inc., dba Charlie Brown, 120 Sumner Motion carried. 85343 - Moved by Getty, seconded by Klinger that the report of City Attorney and list of bonds filed with Clerk through February 13, 1984 be received, placed on file and report and bonds approved. Motion carried. 85344 - Moved by Penaluna, seconded by Getty to meet in Executive Session to discuss Labor Negotiation Strategy. the City Attorney stated that the Council was allowed to meet to discuss labor strategy under Iowa Law. Ayes: Six. Absent: Dowie. Motion carried. 4-1 -14-\ ' N February 13, 1984 Dowie now present. EXECUTIVE SESSION 85345 - Moved by Getty, seconded by Dowie to adjourn Executive Session. Motion carried. 85346 - Moved by Lichty, seconded by Seeber .•.N Page Nine to allow the City Attorney and Personnel Department to proceed to binding arbitration with both Teamsters Bargaining Unit and 41127, if necessary. Ayes: Seven. Motion carried. 85347 - Moved by Getty, seconded by Lichty that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor