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HomeMy WebLinkAbout01/23/84January 23, 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 January 23, 1984. Mayor Bowers in the Chair. Roll call: Getty, Lichty, Penaluna, Klinger, Dowie, Seeber, Wright. Invocation by Klinger. 85248 - Moved by Dowie, seconded by Wright that the Agenda, as proposed for the Regular Session of January 23, 1984 at 7:00 p.m., be accepted and approved. Motion carried. 85249 - Moved by Penaluna, seconded by Seeber that the Minutes of the Regular Session held January 16, 1984 at 7:00 p.m., be approved. Motion carried. HEARINGS 85250 - Moved by Seeber, seconded by Wright that proof of publication of notice of public hearing on issuance of not to exceed $3,000,000 Industrial Development Revenue Bonds for Verner D. & Donna L. Nelson Project (YMCA Renovation) as published in the Waterloo Courier on January 6, 1984 be received and placed on file. Motion carried. 85251 - HOLD HEARING --This being the time and place of hearing the Mayor called for written and oral objections and there were none. Moved by Getty, seconded by Klinger Chat "Resolution authorizing, proceeding with issuance and sale of bonds described above", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-30. The Mayor called for oral presentations and there were none. PETITIONS FROM PUBLIC 85252 - Moved by Getty, seconded by Lichty that request of Schenk Engineering to rezone from "R-2" One & Two Family Residence District to "C-2" Commercial District a parcel of land located south of A.E. Maynard Court and east of Hammond Avenue, together with petition of remonstrance of area property owners and recommendation of denial of the Waterloo Planning, Programming, and Zoning Commission be received, placed on file, and "Resolution setting date of hearing as February 13, 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. 1984-31. January 23, 1984 Page Two 85253 - Moved by Klinger, seconded by Seeber that Community Development Board Minutes of December 6, 1983 be received and placed on file. Motion carried. 85254 - Moved by Dowie, seconded by Wright that communication from City Engineer transmitting the Certificate of Completion and Recommendation of Acceptance for the F.Y. 1984 Oiling Program, Contract No. 249 be received, placed on file and "Resolution approving, said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-32. 85255 - Moved by Seeber, seconded by Getty that communication from City Engineer transmitting Change Order No. 5 from Shappert Engineering Company for the Sixth Street Bridge and Approaches, Contract No. 215 for no increase in contract mount, together with recommendation of approval be received, placed on file, and approved and Mayor and Clerk/Auditor authorized to execute sane. Motion carried. 85256 - Iloved by Getty, seconded by Klinger that communication from Transportation Program Manager transmitting design contract with Brice, Petrides, and Associates, Inc., for street and sewer improvements on East Park Avenue from the Cedar River to Franklin Street, Sycamore Street from East Park Avenue to East 4th Street and Lafayette Street from East Park Avenue to East 4th Street, together with recommendation of approval be received, placed on file, and "Resolution approving said document", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-33. RESOLUTIONS TO BE ADOPTED 85257 - Moved by Dowie, seconded by Getty that communication from Transportation Program Manager transmitting three (3) highest -ranked firms for design of the Interstate Substitution Greenhill Road/Sager Avenue Project (1: Brice, Petrides & Associates; 2: Kirkham Michael & Associates with Barton-Aschman; 3: Jensen, Cary & Shoff with Stanley Consultants) be received, placed on file, and "Resolution approving rankings as listed above and authorizing negotiations with Brice, Petrides and Associates for said design contract", be adopted. Ayes: Six. Nayes: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-34. January 23, 1984 Page Three RESOLUTIONS TO BE ADOPTED CONTINUED 85258 - Moved by Wright, seconded by Penaluna that "Resolution approving the execution of private road crossing with the Illinois Gulf Railroad at Dearborn Avenue in conjunction with the Blowers Creek Flood Control Project", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-35. ORDINANCES TO BE ADOPTED 85259 - Moved by Wright, seconded by Getty that an "Ordinance amending Ordinance No. 2479, known as the Zoning Ordinance by repealing: Part III, Section 2A-3, Definitions; and enacting in lieu thereof: Part III, Section 2A-3, Definitions; by enacting Subsection C, Minor Site Plan Amendments, Part XVI, "M-2" Heavy Industrial District, "M -2,P" Planned Industrial District; Section 2A-39, Regulations; by enacting Part XIX, Parking and Loading Areas, Public Garages, Parking Lots and Filling Stations, Section 2A-45, Off -Street Parking Area Required, Subsection B-13, General Requirements; Size; and Part XIX, Parking and Loading Areas, Public Garages, Parking Lots and Filling Stations, Section 2A-45, Off -Street Parking Area Required, Subsection D, Parking Space Required; and enacting in lieu thereof: Part XIX, Parking and Loading Areas, Public Garages, Parking Lots and Filling Stations, Section 2A-45, Off -Street Parking Area Required, Subsection D, Parking Space Required; by repealing Part XXII, Exceptions and Modifications, Section 2A-48, Exceptions and Modifications, Subsection H, Special Permit Required; and enacting in lieu thereof: Part XXII, Exceptions and Modifications, Section 2A-48, Exceptions and Modifications, Special Permit Required", be received, placed on file, considered and passed for the second time. Ayes: Six. Nayes: Lichty. Motion carried. 85260 - Moved by Getty, 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: Seeber, Getty. Nayes: Five. (see CR85261 below) Motion not carried. 85261 - Moved by Klinger, seconded by Wright that an "Ordinance amending Ordinance No. 2644, known as the Traffic Code, by repealing Section 322, Monthly Parking, Subsection (d) of Section 329, and Section 343, Parking Rates for cash patrons, all relating to Parking Fees and Fines; and by enacting in lieu thereof new Section 322, Fees for monthly ramp and lot parking, Subsection (d) of Section 329 and Section 343, Parking, Rates for cash patrons; and by adding Section 310, Daily Lot Fee", be received, placed on file, considered and passed for the second time. Ayes: Six. Nayes: Lichty. Motion carried. January 23, 1984 Page Four ORDINANCES TO BE ADOPTED CONTINUED 85262 - 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. (Hazardous Waste) Ayes: Six. Nayes: Wright. Motion carried. 85263 - Moved by Penaluna, seconded by Seeber that an "Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by adding a new chapter providing regulations regarding hazardous substances, and requiring persons responsible for the storing, handling, and transportation of such substances to clean up spills, and providing remedies for the City of Waterloo, to clean up such spills upon failure to do so, and providing penalties for the violation thereof", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3322. BILLS PAYMENTS 85264 - Moved by Dowie, seconded by Getty that "Bills, Resolution, Schedule A", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-36. 85265 - Moved by Getty, seconded by Klinger that "Resolution approving the following pay estimates for amounts shown together with recommendation of approval: Sixth Street Bridge, Contract No. 215 Pay estimate No. 5 from Shappert Engineering Company in the amount of $166,492.99. Deere Road Corridor, City of Cedar Falls, M-6565(1)-81-07 Project No. CP -000-1227, Contract No. 20344 _ Pay estimate No. 5 to the City of Cedar Falls in the amount o $5,990.44", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-37. 85266 - Moved by Getty, seconded by Klinger that "Resolution approving the following statements for amounts shown together with recommendation of approval: F.Y. 1983 Park Avenue Bridge Painting and Repairs, Contract No. 240 Final statement from Brice, Petrides and Associates, Inc. in the amount of $12,277.35. F.Y. 1983 ConwayVicinity Parking Ramp, Contract No. 241 Statement from Brice, Petrides and Associates, Inc. in the amount of $15,920.59", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-38. January 23, 1984 NEW BUSINESS 85267 - Moved by Klinger, seconded by Wright Page Five that communication from Superintendent of Water Pollution Control Plant transmitting resignation of W. John Legler, effective January 18, 1984 together with payment of $9,091.56 for accumulated sick leave and vacation pay be received, placed on file, and "Resolution approving said payment", be adopted and Clerk/Auditor instructed to issue a warrant accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-39. 85268 - Moved by Lichty, seconded by Getty that communication from Planning, Programming, and Zoning Commission transmitting, recommendation to rezone from "A-1" Agricultural District to "M-1" Light Industrial District a parcel of land bounded by Texas Street, E. Shaulis Road, relocated Highway 218 and the I-380/520 Interchange be received, placed on file, and "Resolution setting date of hearing as February 13, 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. 1984-40. 85269 - Moved by Getty, seconded by Seeber that communication from Mayor Del Bowers recommending permanent appointment of Eric Thorson to the position of City Engineer be received, placed on file and approved. Motion carried. 85270 - Moved by Getty, seconded by Dowie that communication from Superintendent of the Water Pollution Control Plant recommending the appointment of Richard K. Olson and Tim M. Robbins to the positions of Operator Trainees be received, placed on file and approved. Motion carried. 85271 - Moved by Seeber, seconded by flinger that communication from Police Department recommending the promotional appointment of Carol Hendershot to the position of Clerk III be received, placed on file, and approved. Motion carried. 85272 - Moved by Dowie, 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 Personnel Director to attend 13th Annual Conference/National Public Employer Relations Association, Tampa, Florida, March 11-16, 1984 cost not to exceed $984.00. Deputy Auditor to attend 78th Annual MFOA Conference, San Antonio, Texas, April 15-18, 1984 cost not to exceed $1,108.00. Motion carried. January 23, 1984 Page Six N&4 BUSINESS CONTINUED 85273 - Moved by Getty, seconded by Dowie that request of Cathy Bearbowers, owner of Wheel House Lounge, located at 622 Water Street to relocate her business to 626 Water Street (within the same building) and continue to maintain her current Class C Beer and Liquor License Permit be received, placed on file, and approved and Clerk/Auditor instructed to notify the Iowa Beer and Liquor Control Department accordingly. Motion carried. � � r r,Y� alr��►a� � x�Ir�y 85274 - Moved by Getty, seconded by Lichty 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 Application License Permit plus Sunday Sales Class C Br lnrci ey's Landing, 722 Water, (Renewal) (Expires 2/8/85) Fox's Bar, 715 Sycamore, (Renewal) (Expries 2/2/85) Dugout, 1125 W. Donald, (New owner -old location) (Expires 1/23/85) Beer Application License Permit plus Sunday Sales Class C Hy -Vee Food Store, Inc., 2325 Crossroads Blvd., (Renewal) (Expires 2/9/85) Class B K.D.K. Corp, Inc., dba Taco House, 3840 University, (Renewal) (Expires 2/20/85) Motion carried. 85275 - Moved by Getty, seconded by Lic:hty that the following Mobile Home License Application be received, placed on file, and approved. C & M Properties Inc., of Cedar Falls, Inc. 2947 Independence Avenue. Motion carried. 85276 - Moved by Dowie, seconded by Wright that the report of City Attorney and list of bonds filed with Clerk through January 23, 1984 be received, placed on file and report and bonds approved. Motion carried. Mawil"R eIMIaki th 85277 - Moved by Penaluna, seconded by Seeber that the Council adjourn. Motion carried. Larry P. Burger, City Clerk/Auditor I -N '0*\