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HomeMy WebLinkAbout04/11/1983April 11, 1983 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 11, 1983. Mayor Rooff in the Chair. Roll Call: Penaluna, Roehr, Wilharm, Dowie, Burton and Bowers. Absent: Getty. Invocation by: Bowers 83865 - Moved by Dowie, seconded by Roehr that the Agenda, as amended for the Regular Session of April 11, 1983, at 7:00 p.m., be accepted and approved. Motion carried. 83866 - Moved by Roehr, seconded by Bowers that the Minutes of the Regular Session held April 4, 1983 at 7:00 p.m., be approved. Motion carried. WVAPTNr_c 83867 - Moved by Roehr, seconded by Wilharm that proof of publication of notice of public hearing to vacate, sell and convey portion of north -south alley generally located west of Hammond Avenue and south of Leavitt Street - (Donald Dana and Frances Woodcock) as published in the Waterloo Courier on April 1, 1983 be received and placed on file. Motion carried. 83868 - HOLD HEARING --This being the time and place of hearing the Mayor called for written and oral objections and there were none. Moved by Bowers, seconded by Burton that "Ordinance to vacate portion of north -south alley generally located west of Hammond Avenue and south of Leavitt Street -- (Donald Dana and Frances Woodcock)", be received, filed, considered and passed for the first time. Ayes: Six. Absent: Getty. Motion carried. 83869 - Moved by Burton, seconded by Bowers that proof of publication of notice of public hearing to rezone from "R-3" Multiple Family Residence District to "R-2" One and Two Family Residence District property located between S. Hackett Road and Letsch Road and on either side of Maynard Avenue as published in the Waterloo Courier on March 25, 1983 be received and placed on file. Motion carried. April 11, 1983 Page Two HEARINGS CONTINUED 83870 - HOLD HEARING --This being the time and place of hearing the Mayor called for written and oral objections. There were none. Moved by Roehr, seconded by Dowie that "an Ordinance amending Ordinance No. 2479, as amended, by adding Sub -section No. 204 to Section 2A-5, Rezoning Certain Property", be received, placed on file, passed and considered for the first time. Ayes: Six. Absent: Getty. Motion carried. 83871 - Moved by Roehr, seconded by Bowers that proof of publication of notice of public hearing on the East Park Avenue Parking Facility Improvement Project, as published in the Waterloo Courier on March 25, 1983 be received and placed on file. Motion carried. 83872 - HOLD HEARING --This being the time and place of hearing the Mayor called for written and oral objections. Moved by Burton, seconded by Dowie that petition in opposition to the proposed East Park Avenue Project Facility Project received from the Holiday Gas Station located at the intersection of Franklin and East Fifth Streets, be received and placed on file. Motion carried. 83873 - Jung Lim Gee, owner of the Mandarin Inn, 510 Mulberry, objected to the ramp construction. Mr. Gee signed the petition for the project and now would like to remove his name. Alan Saunders, Director of the Downtown Redevelopment Authority, spoke in support of the ramp stating that it will be an asset to employees and shoppers. Merchants are being encouraged to initiate validation of parking tickets after ramp construction. Mayor Rooff reported that after the construction of the ramp, parking will not be free. Moved by Penaluna, seconded by Dowie that the above remarks be received, placed on file, objections overruled and "Resolution adopting Resolution of Necessity, without amendment, for East Park Avenue Parking Facility Improvement Project", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1983-111. 83874 - Moved by Roehr, seconded by Bowers that "Resolution directing preparation of detailed plans and specifications, form of contract, and notice to bidders", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1983-112. 1-N -01 April 11, 1983 Page Three d: ORAL PRESENTATIONS 3 3875 - Mayor Rooff reported that the recent mailing of property valuation notices from the City Asses'br's Office were unsatisfactory. No explanation was enclosed nor current value for reference purposes. He reported that the Waterloo Conference Board would be meeting April 12, 1983 to discuss further explanation of assessment. Larry Lehman questioned the bids taken for the hauling of the rubble at 614 Washington. He stated that he had not been informed of the project. z' The Mayor reported that the bids were informal. Lydia Clements, Chairman of the Sister City Committee (Giesen, Germany) asked that local merchants be encouraged to produce memorabilia of Waterloo, i.e., post cards, T-shirts. The guests from Germany expressed their disappointment that souvenirs were not available to take back to Germany. Moved by Roehr, seconded by Dowie 1 that paving petition signed by residents in the 1000 - 1100 Block of Englewood Avenue be received and placed on file and referred to the Engineering Department. Motion carried. ,83876 - Moved by Burton, seconded by Bowers that the Building Official be authorized to enter into a contract for disposal of rubble at 614 Washington in an amount not to exceed $5,000. Motion carried. PETITIONS FROM PUBLIC 083877 - Lyle Tyler spoke on behalf of the employees of Conway Civic Center, who have been notified by the Holiday Inn of their termination of employment at the Civic Center. He stated that due to the succession clause within the labor contract, the contract is not being followed. f He asked for the City's assistance in their continued employment at Conway Civic Center. Mayor Rooff reported that the City will assist, if possible, in this endeavor. Moved by Bowers, seconded by Burton that the above remarks be received and placed on file. Motion carried. 83878 - Moved by Roehr, seconded by Burton that communication from City Engineer transmitting the request of Clifford Marsh for temporary concrete driveway at 154 Valley Road, together with City Engineer's recommendation of approval be received, placed on file and "Resolution approving the request of Clifford Marsh for a temporary concrete driveway at 154 Valley Road, irrespective of latter official grade", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1983-113. April 11, 1983 UNFINISHED BUSINESS Page Four 83879 - Lyndal Graff, Manager of McElroy Auditorium asked that previous problems be set aside and that a cooperative spirit be established between the City and the Dairy Cattle Congress. Mayor Rooff reported that the existing relationship is one of trust and cooperation. Councilman Roehr suggested that the agreement be simplified and terms reduced to a six month agreement. Moved by Burton, seconded by Dowie that "Resolution approving a lease agreement by and between McElroy Auditorium and the City of Waterloo for a period of five years (June 1, 1983 to May 1, 1988)", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Four. Nayes: Roehr. Bowers declined due to possible conflict of interest (Section 362.6 of the State Code of Iowa) Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1983-114. 83880 - Moved by Bowers, seconded by Burton that communication from Community Development Director transmitting amendment to EDA Project No. 05-01-02092 for the downtown parking., ramp from the U.S. Department of Commerce for extension of time together with recommendation of approval be received, placed on file, and "Resolution approving said Revision No. 1", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1983-115. REPORTS 83881 - Moved by Dowie, seconded by Wilharm that City Auditor's Statement from March 1983 be received and placed on file. Motion carried. DOCUMENTS 83882 - Chairman of the Cable Commission Calvin Hall explained the Commission's need for a consultant, and in particular, the Commission's broader responsibility of providing adequate cable service to the community. Discussion was heard relating to problems the Commission has experienced in regard to ordinance interpretation and lack of cooperation with the cable operator. Commissioner Larry White spoke in support of the contract. Moved by Bowers, seconded by Burton that communication from Waterloo Cable Commission transmitting proposed agreement with Marc Chimes, together with recommendation of approval be received, placed on file, and "Resolution approving said agreement", be adopted. Ayes: Burton, Bowers. Nayes: Four. Absent: Getty. Resolution not adopted. N April 11, 1983 DOCUMENTS CONTINUED ,4N Page Five Mayor Rooff requested that he and the Commissioners discuss with the cable operator the apparent problems. Commissioner Mike Schreurs reported that the Commission's efforts have been stymied by the Commission's lack of authority to act. Councilman Burton supported Mr. Schreur's statement. RESOLUTIONS TO BE ADOPTED 83883 - Moved by Roehr, seconded by Bowers that a "Resolution accepting and approving certain offers to sell real property and approving and accepting certain deeds in conjunction with the Blowers Creek Flood Control Project from Frank Bouck, 2268 Independence", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1983-116. 83884 - Moved by Burton, seconded by Penaluna that a "Resolution accepting and approving certain offers to sell real property and approving and accepting certain deeds in conjunction with Blowers Creek Flood Control Project from George Nuehring 2436 Independence and Robert Nagel, 2272 Independence", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1983-117. 83885 - Moved by Roehr, seconded by Burton that a "Resolution authorizing the Mayor to accept on behalf of the City of Waterloo effective April 20, 1983, the assumption of operation and maintenance responsibilities of flood protective devices constructed as the Virden Creek early warning system of the Corps of Engineers Local Flood Control Project", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1983-118. ORDINANCES TO BE ADOPTED 83886 - Moved by Bowers, seconded by Penaluna that "an Ordinance amending Ordinance No. 2644, known as the Traffic Code, by repealing Subsection (1) Commercial Street of Section 542, one-way streets and alleys and enacting in lieu thereof a new subsection (1) Commercial Street" be received, placed on file, passed and considered for the first time. Moved by Burton, seconded by Wilharm that the above motion be tabled for two (2) weeks to allow consideration of allowing Commercial Street as a two-way from W. Mullan to W. 11th Street. Ayes: Wilharm and Burton. Nayes: Penaluna, Roehr, Dowie, Bowers. Absent: Getty. Motion not carried. April 11, 1983 Page Six ORDINANCES TO BE ADOPTED CONTINUED 83887 - The following amendment was offered to the original motion stated in CR 83886 above: Moved by Burton, seconded by Wilharm that the Mayor and City Engineer review allowing two-way traffic on Commercial Street from W. Mullan Avenue to W. 11th Street. Ayes: Six. Absent: Getty. Motion carried. 83888 - The original motion as amended and stated as follows was voted on: that "an ordinance amending Ordinance No. 2644, known as the Traffic Code, by repealing Subsection (1) Commercial Street of Section 542, one-way streets & alleys and enacting in lieu thereof a new Subsection (1) Commercial Street, as amended". Ayes: Six. Absent: Getty. Motion carried. 83889 - Moved by Bowers, seconded by Dowie that "an Ordinance adopting the 1982 Uniform Building Code", be received, placed on file, passed & considered for the third time. Ayes: Six. Absent: Getty. Motion carried. 83890 - Moved by Bowers, seconded by Burton that "an Ordinance adopting the 1982 Uniform Building Code", be adopted. Ayes: Six. Absent: Getty. Ordinance adopted and upon approval by Mayor assigned No. 3270. BILLS PAYMENTS 83891 - Moved by Dowie, seconded by Roehr that "Resolution approving Bills Schedule A", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1983-119 83892 - Moved by Burton, seconded by Wilharm that "Resolution approving the following pay estimates for amounts shown together with recommendation of approval: FY 1983 Orange Trunk Sewer Intercity Interceptor, Stage 1, Contract No. 247 Pay estimate No. 2 in the amount of $61,104 from Lametti and Sons. FY 1983 ConwayVicinity Parking Ramp, Contract No. 241 Pay estimate No. 6 in the amount o 63,282.00 from Cardinal Construction Co. Railroad Grade Crossing Repair at Fletcher Avenue Final payment in the amount o 2,900.31 to Chicago and Northwestern Transportation Co.", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1983-120. April 11, 1983 Page Seven UNFINISHED BUSINESS 83893 - Moved by Roehr, seconded by Bowers that communication from Chief of Police transmitting recommendation on promotion of Officer Stephen J. Hancock to Police Sergeant be received and placed on file. Motion carried. 83894 - Moved by Dowie, seconded by Burton that communication from Mayor Leo P. Rooff recommending the appointment of Councilman Harold Getty to the Cable Commission with term expiration of December 1, 1983 be received, placed on file and approved. Motion carried. 83895 - Moved by Wilharm, seconded by Roehr 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 Sergeant to attend Iowa Criminal Justice Information System All Participants Conference, Des Moines, Iowa, April 12-14, 1983 cost not to exceed --$125.00 plus use of city vehicle. Police Lieutenant and Sergeant to attend Advance DEA Drug School Minneapolis, Minnesota, April 18-22, 1983 cost not to exceed $443.20 plus use of city vehicle. Asst. Supt. Central and Garage Mechanic to General Motors Training Center Electronic Fuel Injection/T.B.I., Omaha, Nebraska, April 21-22, 1983, cost not to exceed $350.00 plus use of city vehicle. Motion carried. MISCELLANEOUS 83896 - Moved by Wilharm, seconded by Dowie that the following applications for Beer License Permit Applications be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer License Permit Application plus Sunday Sales C ass B Waterloo Softball Association, Burton & Longfellow, (6 month seasonal) Beer License Permit Application plus Sunday Sales Class C Bertch Pharmacies, Inc. dba Falls Road Drug, 2027 Falls Ave., (Renewal) (Expires 5/1/84) Beer and Liquor License Permit Application plus Sunday Sales Class C Round -Up Inc., 1927 Jefferson, (Renewal) (Expires 4/21/84) Motion carried. April 11, 1983 Page Eight MISCELLANEOUS CONTINUED 83897 - Moved by Bowers, seconded by â–ºJilharm that the following application for an Ambulance Driver Attendant be received, placed on file, and approved. Connie Beener, 3909 Clearview Drive, Cedar Falls, Iowa Motion carried. 83898 - Moved by Dowie, seconded by Roehr that the following application for a Dance Permit be received, placed on file, and approved: Electric Park Ballroom (National Cattle Congress) Motion carried. 83899 - Moved by Dowie, seconded by Roehr that the following application for a Cigarette License Permit be received, placed on file, and approved: The Loading Dock Inn, 725 Fletcher Motion carried. 83900 - Moved by Dowie, seconded by Roehr that the following application for a Massage Parlor License Permit be received, placed on file, and approved: Lady Fingers Massage, 1408 Black Hawk Motion carried. BONDS 83901 - Moved by Bowers, seconded by Burton that the report of City Attorney and list of bonds filed with Clerk through April 11, 1983 be received, placed on file and report and bonds approved. Motion carried. ADJOURNMENT 83902 - Moved by Roehr, seconded by Dowie that -the Council adjourn. Motion carried. Larry P. Burger, City Clerk/Auditor