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HomeMy WebLinkAbout12/16/1985December 16, 1985 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 December 16, 1985. Mayor Bowers in the Chair. Roll call: Wright, Dowie, Seeber, Getty, Lichty, Penaluna, Klinger. Invocation by Seeber. 88515 - Moved by Dowie, seconded by Wright that the agenda as amended for the Regular Session of December 16, 1985, at 7:00 p.m., be accepted and approved. Motion carried. 88516 - Moved by Wright, seconded by Klinger that the Minutes of the Regular Session held December 9, 1985, at 7:00 p.m., be approved. Motion carried. HEARINGS 88517 - Moved by Seeber, seconded by Dowie that proof of publication of notice of public hearing to sell and convey portion of vacated alley behind 608 W. 4th Street -First Congregational Church, as published in the Waterloo Courier on December 6, 1985, be received and placed on file. Motion carried. 88518 - HOLD HEARING --This being the time and place for public hearing the Mayor called for written and oral objections and there were none. Bob Stevenson, City Planner, reported that First Congregational Church has signed an Indemnity Agreement. Moved by Dowie, seconded by Seeber that "Resolution authorizing sale and conveyance of portion of vacated alley behind 608 W. 4th Street to First Congregational Church", be adopted and that the Indemnity Agreement dated December 16, 1985 be approved, and City Attorney instructed to prepare a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-705. 88519 - Moved by Klinger, seconded by Wright that proof of publication of notice of public hearing to sell and convey portion of vacated Brookpark Road in Cedar Crest Addition--Yoigblut Construction Company as published in the Waterloo Courier on December 6, 1985, be received and placed on file. Motion carried. 88520 - HOLD HEARING --This tieing the time and place for public hearing the Mayor called for written and oral objections and there were none. Moved by Getty, seconded by Klinger that "Resolution authorizing sale and conveyance of portion of vacated Brookpark Road in Cedar Crest Addition to Younghlut Construction Company", be adopted and City Attorney instructed to prepare a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-706. December 16, 1985 Page Two HEARINGS CONTINUED 88521 - Moved by Dowie, seconded by right that proof of publication of notice of public hearing on the issuance of Industrial Development Revenue Bonds for Depot Restoration Corporation for purchase of old railroad building on W. 4th Street and Bluff not to exceed $250,000.00, as published in the Waterloo Courier on November 29, 1985, be received and placed on file. Motion carried. 88522 - 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 Dowie that "Resolution authorizing the issuance of Industrial Development Revenue Bonds for Depot Restoration Corporation for purchase of old railroad building on W. 4th Street and Bluff not to exceed $250,000.00", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-707. 88523 - Moved by Wright, seconded by Klinger that proof of publication of notice of public hearing to vacate, sell and convey the easterly 17' of Allen Street between Pleasant Street and Williston Avenue, as published in the Waterloo Courier on December 10, 1985, be received and placed on file. Motion carried. 88524 - 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 Penaluna that "Ordinance vacating the easterly 17' of Allen Street between Pleasant Street and Williston Avenue", be received, filed, considered and passed for the first time. Ayes: Seven. Motion carried. ORAL PRESENTATIONS 88525 - Councilperson Getty asked that the combination of the City's Health Department with the Black Hawk County Health Department he placed on the City Council Agenda of December 23, 1985 for this Council's consideration. Councilperson Seeber also indicated his desire to Hove ahead with the proposed plan. Several questions were raised as to whether or not employee rights or seniority had been addressed. Jim Rodemeyer, Assistant Personnel Director, reported that the details of the transition are yet to be worked out. December 16, 1985 Page Three HEARINGS CONTINUED 88525 - Moved by Getty, seconded by Seeber (cont) that the above described issue be placed on the Council Agenda of December 23, 1985. Ayes: Seven. Motion carried. 88526 - Councilperson Getty stated that he has been working on an ordinance to address parking on city streets during significant snow falls. This ordinance has been reviewed by the City Attorney's Office. Moved by Getty, seconded by Dowie that the City Attorney be instructed to submit said ordinance for council consider on its agenda of December 23, 1985. Motion carried. 88527 - Mayor Bowers responded to a concern of Councilperson Wright at the Council Meeting of December 9, 1985, relating to a special event at Conway Civic Center and the difficulty the patrons of the West Side Ramp had at the toll booths. He reported that each fron- Conway provides the City with a listing of everts to be scheduled at the Center. This event Baas ; ot: included on this list. Mayor Bowers reported that he had received a letter from Don Huff on significant events that have been happening within the City of Waterloo: 1) a successful Up Downtowners Celebration had been held on December 8, 1985; 2) the announcement that intro -Spec will purchase the Rath Buildings and property employing approximately 250 people; 3) announcement that the Chicago Central and Pacific Railroad will be locating its grain offices in Waterloo during 1986 and employ 400 employees. He also congratulated the Waterloo Schools in establishing a Dan Gable honor. Moved by Wright, seconded by Lichty that the above remarks be received and placed on file. Motion carried. PETITIONS FROM PUBLIC 88528 - Moved by Klinger, seconded by Wright that communication from Planning, Programming, and Zoning Commission transmitting request of Immanuel Lutheran Church, 215 Franklin Street, to vacate, sell and convey an alley located between Logan Avenue and E. Second Street and lying parallel to Franklin Street and Walnut Street together with recommendation of approval of Planning, Programming and Zoning Commission be received, placed on file and "Resolution setting date of hearing as January 6, 1986, at 7:00 p.m. on above described proposal", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-708. 88529 - Moved by Klinger, seconded by Wright that communication from Planning, Programming and Zoning Commission transmitting, request of Immanuel Lutheran Church, 215 Franklin Street, for site plan approval together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as January 6, 1986, at 7:00 p.m. on above described proposal", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by -Mayor assigned No. 1985-709. December 16, 1985 Page Four UNFINISHED BUSINESS 88530 - The Mayor announced that the time had arrived for a decision on the Special Permit request of Ron Soper for purposes of cutting iron tubs near North Hackett Road and Shirey Way (See GR88491 of 12/9/95). The Deputy Clerk/Auditor reported that a petition of objection had been received from Paul Schiels, 222 Greenwood Avenue. Councilperson Lichty asked which uses were allowed in a "U-1" Unclassified District. Ron Soper, the applicant, stated that he had been unable to find a suitable area for relocation. These locations range in cost from $500 to S800 per month, considerably more than he is now paying. He also stated that it would take approximately one week of down time for him to love to a new location. He stated that his current lease expires on Mav 12, 1986. Councilperson Lichty reported that she had talked to Fred Richmond, the next door neighbor and stated that he was willing to allow the operation until May 1986. Moved by Dowie, seconded by Penaliina that Ron Soper be allowed to operate at North Hackett Road and Shirey Way until May 12, 1986, the date of expiration of his current lease term. Prior to a vote on this motion Councilperson Klinger asked which of the conditions that had been stipulated by the Planning, Programming and Zoning Connnission would apply to Mr. Soper's operation. Mr. Soper replied that he could comply with all of the requirements as set forth by the Commission except for the fencing requirements. Tim Boller, Attorney for Mr. Richmond, confirmed Councilperson Lichty's statement regarding Mr. Richmond's desire that the operation cease by April 1, 1986. The mover and seconder clarified that the conditions set forth by the Planning, Programming and Zoning Commission would apply except for the fencing requirement. Ayes: Wright, Daaie, Getty, Penaluna, Klinger. Nays: Seeber and Lichty. Resolution adopted and upon approval by Mayor assigned No. 1985-710. 88531 - Moved by Davie, seconded by Getty that "Resolution awarding contract for the repair to the Street Department roof be awarded to Chuck's Roofing Company in the amount of $61,558.00", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-711. REPORTS 88532 - Moved by Dowie, seconded by Getty that Minutes of the Board of Adjustment meeting of October 22, 1985; Minutes of Community Development Board meetings of November 12, December 3 and December 6, 1985 be received and placed on file. Motion carried. aa December 16, 1985 Page Five REPORTS CONTINUED 88533 - Moved by Dowie, seconded by Getty that the City Auditor's Statement for November, 1985, be received and placed on file. Auditor's Balance - November 1, 1985 $31,766,036.42 Revenues - Property Tax 4,162,986.18 Revenues - Federal & State 480,176.52 Revenues - Other 2,401,684.39 Revenues - Transfers 1,183,895.74 Accounts Payable 3,487,409.15 Payrolls 1,386,939.74 Transfers 1,183,895.74 Auditor's Balance - November 30, 1985 $33,936,534.62 Warrants Outstanding 732,155.00 Treasurer's Balance - November 30, 1985 $34,668,689.62 Motion carried. DOCUMENTS 88534 - Moved by Dowie, seconded by Getty that communication from City Engineer transmitting Change Order No. 1 for FY 1986 Paving Program, Contract No. 288 for decrease of $24,938.09 from Cedar Falls Construction Company, together with recommendation of approval be received, placed on file and approved and Mayor and Deputy Clerk/Auditor instructed to execute same. Motion carried. RESOLUTIONS TO BE ADOPTED 88535 - Moved by Getty, seconded by Klinger that "Resolution authorizing the County Auditor to levy taxes within the Self Supported Municipal Improvement District (SSMID) in the amount of $1.50 for $1,000 taxable value", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-712. 88536 - Moved by Getty, seconded by Klinger that "Resolution authorizing the purchase of parcel of property of the 300 block of E. 4th Street (317 E. 4th Street) from Mabel Longfellow in the amount of $12,000.00", he adopted. Ayes: Six. Nays: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1985-713. 88537 - Moved by Getty, seconded by Klinger that "Resolution authorizing the issuance of industrial Development Revenue Bonds for Walden Photo, Inc., 227-229 W. 4th Street in the amount of $145,000.00", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-714. 88538 - Moved by Getty, seconded by Klinger that "Resolution authorizing the destruction of certain documents within the Clerk/Auditor's Office as authorized by Iowa Statute", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-715. December 16, 1985 Page Six RESOLUTIONS TO BE ADOPMD CONTINUED 88539 - Moved by Getty, seconded by Klinger that "Resolution authorizing the cancellation of certain paving and garbage assessemnts on City owned property", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-716. ORDINANCES TO BE ADOPTED 88540 - Moved by Getty, seconded by Penaluna that "Ordinance amending the Traffic Code by repealing Subsection (295) Westfield Avenue of Section 551, parking prohibited at all times on certain streets; and enacting in lieu thereof new subsection (295) Westfield Avenue of Section 551, Parking prohibited at all times on certain streets; by repealing Section 558, 30 minute parking; and enacting in lieu thereof a new Section 558, 30 minute parking", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. NEW BUSINESS 88541 - Moved by Klinger, seconded by Getty that communication from Planning, Programming and Zoning Commission transmitting draft copy of Historic Preservation Ordinance be received, placed on file, and "Resolution setting date of hearing as January 20, 1986, at 7:00 p.m. in the City Hall Council Chambers on above described ordinance", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-717. 88542 - Moved by Klinger, seconded by Getty that communication from the Fire Chief transmitting the promotion of James Schneider to the position of Lieutenant on the Waterloo Fire Department, be received, placed on file and approved. Motion carried. MISCELLANEOUS 88543 - Moved by Getty, seconded by Wright Beer License Application Permit Class C Molo Oil Company, 127 Jefferson, (Renewal) (Expires 1/11/87) plus Sunday sales Krause Gentle Oil Corporation, 2900 Falls Avenue, (Expires 2/27/87) plus Sunday sales The Brothers Bar and Grill, 118 Commercial, (Renewal) (Expires 12/31/86) plus Sunday sales Cycle Inn, 115 Simmer, (Renewal) (Expires 12/22/86) plus Sunday sales Golden Dolphin, 301 W. 4th, (Old location -New Owner) (Expires 12/19/86) Motion carried. December 16, 1985 Page Seven BONDS 88544 - Moved by Getty, seconded by Dowie that the report of City Attorney and list of bonds filed with Deputy Clerk/Auditor through December 16, 1985, be placed on file and report and bonds approved. Motion approved. ADJOURNMENT 88545 - Moved by Wright, seconded by Seeber that the Council adjourn. Mot ion carried. Michelle Temeyer Deputy Clerk/Auditor JOYOUS NOEL SCW INC