HomeMy WebLinkAbout08/12.1985r
August 12, 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 August 12, 1985. Mayor Bowers
in the Chair. Roll call: Wright, Dowie, Seeber, Getty, Lichty, Penaluna,
Klinger.
Invocation by Getty.
87867 - Moved by Getty, seconded by Dowie
that the Agenda, as amended, for the Regular Session of August 12, 1985, at 7:00
p.m., be accepted and approved.
Motion carried.
87868 - Moved by Wright, seconded by Klinger
that the Minutes of the Regular Session held August 5, 1985, at 7:00 p.m., be
approved.
Motion carried.
HEARINGS
87869 - Moved by Dowie, seconded by Wright
that proof of publication of notice of public hearing to rezone from "A-1"
Agricultural District to "R-2" One and Two Family Residence District, "R-4"
Multiple Family Residence District and "C-2" Commercial District property
located North of Ridgeway Avenue and Southeasterly of Sergeant Road, as published
in the Waterloo Courier on July 26, 1985, be received and placed on file.
Motion carried.
87870 - Moved by Getty, seconded by Penaluna
that recommendation of approval of Planning, Programming and Zoning Commission be
received and placed on file.
Motion carried.
87871 - 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 Penaluna, seconded by Dowie
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance, by adding Sub -section No. 215 to Section 2A-5, Rezoning Certain
Property", be received, placed on file, passed and considered for the first time.
Ayes: Seven.
Motion carried.
87872 - Moved by Klinger, seconded by Lichty
that proof of publication of notice of public hearing to rezone from "R-3"
Multiple Family Residence District to "C -Z" Conditional Zoning --Jeanne Klein of
1780 Lark Lane, as published in the Waterloo Courier on July 26, 1985 be received
and placed on file.
Motion carried.
87873 - Moved by Lichty, seconded by Dowie
to receive and place on file recommendation of denial from Planning, Progrd muing
and Zoning Commission.
Motion carried.
August 12, 1985 Page Two
HEARINGS CONTINUED
87874 - HOLD HEARING --This being the time and place of hearing the Mayor called for
written and oral objections.
Mrs. Michael Shaffer, 1749 Lark Lane, stated that she did not object to the
rezoning. She stated that the proposed use (Beauty Salon) will be on a part time
basis and will not disrupt the neighborhood. Shirley Benham, 1816 Lark Lane,
also indicated that she did not object to the rezoning with the restrictions.
Coleen Waschkat, 1800 Lark Lane, also voiced no objection to the rezoning.
Mary Charles, former owner of Pitze's Beauty Salon, stated that she did not
oppose the rezoning, but opposed the idea of allowing businesses in residential
areas. She asked that the Council be considerate of existing businesses
in commercially zoned areas.
Ernie Klatt, 1138 Patrick Court, also spoke to the rezoning.
Jeanne Klein, the applicant for said rezoning, stated that the business would be
on a part time basis approximately 15 to 20 hours per week. She stated that in
purchasing the home several months ago, she knew that the zoning was not
appropriate to allow a beauty shop in her home. She testified that she and her
realtor had looked at numerous homes in "R-4" Multiple Family Residence District
Zone which allows beauty shops but could not find one suitable. She also stated
that she was not trying to compete with other salons in Waterloo.
Bob Stevenson, City Planner, outlined the reasons why the Planning, Programming
and Zoning Commission had recommended denial of the request on a 4 to 2 vote. He
stated that in order to override the recommendation of the Commission it would
require 3/4 vote of the City Council.
Moved by Wright, seconded by Lichty
that the above comments be received and placed on file.
Motion carried.
87875 - Moved by Seeber, seconded by Wright
that "an ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance
by adding Sub -Section No. 216 to Section 2A-5, Rezoning Certain Property", be
received, placed on file, passed and considered for the first time. Ayes: Five.
Nays: Getty and Lichty.
Motion not carried (the motion required three quarters vote of the Council to
overide the recommendation of denial of the Planning, Programming and Zoning
Commission.)
87876 - Moved by Dowie, seconded by Wright
that proof of publication of notice of public hearing to reduce building setback
line along Derbyshire Road --Stephen and Katherine Bloom, 705 Prospect Blvd., as
published in the Waterloo Courier on July 13, 1985, be received and placed on
file.
Motion carried.
87877 - Moved by Penaluna, seconded by Dowie
to receive and file recommendation of denial of Planning, Programming and Zoning
Commission.
Motion carried.
87878 - HOLD HEARING --This being the time and place of hearing, the Mayor called for oral
and written objections.
Bob Stevenson, City Planner, reported that the Planning, Programing and Zoning
Commission had recommended that the request be denied, as in the past, the
Commission had denied similar requests.
August 12, 1985
HEARINGS CONTINUED
87878 - Moved by Dowie, seconded by Seeber
(cont)
ige Three
that "an Ordinance reducing the building setback line at 705 Prospect Blvd., from
30' to 20' along Derbyshire Road", be received, placed on file, passed and
considered for the first time. Ayes: Seven.
Motion carried.
87879 - Moved by Dowie, seconded by Wright
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. Nays:
Getty. Prior to the Mayor declaring this motion carried, he vetoed the
suspens ion of the rules.
87880 - Moved by Getty, seconded by Lichty
that the Council override the veto of the Mayor as indicated above. Ayes:
Dowie, Seeber, Getty, Lichty. Nays: Penaluna, Klinger. Absention: Wright.
Motion not carried. (This item will appear on the City Council Agenda of
8/19/85 for a second reading).
ORAL PRESENTATIONS
87881 - Searles Hayden, 2611 Manor Street, stated that the City is not doing an
adequate job of relocating businesses in conjunction with the Interstate
Substitution Project. He stated that the City must have a well thought out
plan for this project. Mayor Bowers reassured him that the City was making
every effort through its Economic Development Committee to assist businesses to
relocate within the community.
Ernie Klatt,1138 Patrick Court, asked about the outside beer garden located at
Brinkley's Landing at 722 Water Street and whether it was an authorized and
permitted use. He also asked if when Black Hawk County bought the landfill if
it was full at that time. He also asked if Weismann's Steel was moving out of
the community due to the Interstate Substitution Project. Mayor Bowers
stated that the City is assisting them in relocating.
Kathy Denning, owner and operator of the Branch Triple Seven 18 Bar asked the
City's assistance in keeping the doors open. This teen center has been
open since July 1, 1985, however, it is in need of additional operating money.
She asked the City's assistance in this regard. Mayor Bowers indicated that the
City would make every effort to assist the business if at all possible.
Moved by Getty, seconded by Lichty
that the above remarks be received and placed on file.
Motion carried.
PETITIONS FROM PUBLIC
Moved by Dowie, seconded by Wright
that the request of Cedar Falls Construction Company for a
Ordinance #3094, Noise Control in conjunction with the F.Y.
Program, Contract No. 288 for the purposes of sawing concrete
received, placed on file and 'Resolution approving said variance",
Ayes: Seven.
87882 -
87883 -
variance to
1986 Paving
streets be
be adopted.
Resolution adopted and upon approval by Mayor assigned No. 1985-452.
REPORTS
Moved by Seeber, seconded by Wright
that Minutes of Human Rights Commission of July 18, 1985, be received and
placed on file.
Motion carried.
August 12, 1985 Page Four
REPORTS CONTINUED
8787164- Moved by Seeber, seconded by Wright
that report of Sign and Traffic on four-way stop sign request at intersection of
W. 2nd Street and Wellington Street be received, placed on file, report approved
and request denied.
Motion carried.
87878 - Moved by Seeber, seconded by Wright
that City Auditor's Statement of July 1985 be received and placed on file:
Auditor's Statement - July 1, 1985 $34,527,696.57
Revenues - Property Tax 332,813.51
Revenues - Federal & State 662,792.98
Revenues - Other 1,811,527.18
Revenues - Transfers 449,735.46
Accounts payable 3,233,913.88
Payrolls 1,508,282.57
Transfers 449,735.46
Auditor's Balance - July 31, 1985 32,592,633.79
Warrants Outstanding 833,560.48
Treasurer's Balance July 31, 1985 $33,426,194.27
Motion carried.
DOCUMENTS
87886 -Moved by Dowie, seconded by Seeber
( that Final Environmental Assessment and Location/Design Study for Kimball Avenue,
Project No. IX -6641(1)--79-07 be received, placed on file and "Resolution
approving said documents", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1985-453.
878$17 - Moved by Dowie, seconded by Seeber
7 that Final Environmental Assessment and Location/Design Study for Shaulis Road,
Project No. IX -6470(3)--79-07 be received, placed on file and "Resolution
approving said documents", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1985-454.
87881 - Moved by Dowie, seconded by Seeber
that communication from City Engineer transmitting Contract, Bond and Certificate
of Insurance from Cedar Valley Corporation, for the F.Y. 1986 Street
Reconstruction Program, Contract No. 290 be received, placed on file and
"Resolution approving said documents", be adopted and Mayor and Deputy
Clerk/Auditor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1985-455.
8788' - Moved by Dowie, seconded by Seeber
that Utility Agreement with Waterloo Water Works for San Marnan Drive, Projec
No. IX -6498(3)--79-07 be received, placed on file and "Resolution approving
said documents", be adopted and Mayor and Deputy Clerk/Auditor authorized to
execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1985-456.
RESOLUTIONS TO BE ADOPTED
8780+ - Moved by Klinger, seconded by Wright
'` that "Resolution authorizing issuance and sale of $480,000 Industrial Development
Revenue Bonds for Omega Cabinets Expansion Project", be adopted. Ayes: Seven.
Resolution adopted arupon approval by Mayor assigneco. 1985-457.
August 12, 1985 Page Five
RESOLUTIONS TO BE ADOPThD CONTINUED
87891 - Moved by Dowie, seconded by Klinger
that 'Resolution authorizing transfer of $50,000 from Road Use Tax Fund to Street
Improvement Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1985-458.
87892 - Moved by Dowie, seconded by Seeber
that 'Resolution authorizing transfer of $120,000 frau City Hall Renovation Fund
to the Airport General Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1985-459.
87893 - Moved by Penaluna, seconded by Klinger
that "Resolution authorizing transfer of $48,335 frau Independence Avenue
Reconstruction to the Airport General Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1985-460.
87894 - Moved by Dowie, seconded by Lichty
that "Resolution accepting easement frau William J. Peters and Lisa M. Petersen
for Parcel #3 (3862 Hammond Avenue) for East San Marnan Drive Project", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1985-461.
87895 - Moved by Daaie, seconded by Lichty
that "Resolution approving purchase of Parcel #4 from William J. Peters and Lisa
M. Petersen for East San Marnan Drive Project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1985-462.
ORDINANCES TO BE ADOPThD
87896 - Moved by Wright, seconded by Seeber
that "Ordinance amending the traffic code by repealing Subsection (5) Beech
Street of Subsection 2 of Section 569, Truck Traffic prohibited on certain
streets, and enacting in lieu thereof a new Subsection (5) Beech Street to
Section 2 of Section 569, Truck Traffic prohibited on certain streets", be
received, placed on file, considered and passed for the first time. Ayes:
Seven.
Motion carried.
87897 - Moved by Daaie, seconded by Wright
that 'Ordinance amending the traffic code by repealing Subsections (a) and (b) of
Section 343, Parking Rates for cash patrons, and enacting in lieu thereof a new
Subsection (a) to Section 343, Parking Rates for cash patrons", be received,
placed on file, considered and passed for the first time. Ayes: Seven.
Motion carried.
BILIS PAYMENT
87898 - Moved by Dawie, seconded by Klinger
that 'Bills, Resolution Schedule A and B", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1985-463.
August 12, 1985 Page Six
BILLS PAYMENT CONTINUED
87899 - Moved by Penaluna, seconded by Klinger
that "Resolution approving the following pay estimates for amounts
shown together with recommendation of approval:
F.Y. 1986 San Souci Island Bypass Channel Wing Dam, Contract No. 237
Pay estimate No. 3 from Brice, Petrides and Assoc., in the amount of
$8,800.00.
F.Y. 1986 Nevada Street Pump Station and Ponding Area, Contract No. 289
Pay estimate from Brice, Petrides and Assoc., in the amount of $13,154.50.
F.Y. 1986 Paving Program, Contract No. 288
Pay estimate No. 1 frran Cedar Falls Construction Company, in the amount of
$6,582.69.
F.Y. 1986 Paving Program, Contract No. 288
Pay estimate No. 1 frau Cedar Falls Construction Company, in the amount of
$7,720.43.
F.Y. 1985 Street Reconstruction Program, Contract No. 283
Pay estimate No. 3 frau Cedar Valley Corporation in the amount of
$40,180.29.
West 4th Street (Shaulis Road to Ansborough Avenue) Project No.
IX -6587(1)--79-07.
Pay estimate No. 13 frau Claassen Engineering and Surveying, Inc., in the
amount of $17,706.89.
Independence Avenue (frau Sixth Street to Idaho Street) Project No.
IX -6600(1)--79-07
Pay estimate No. 1 from Claassen Engineering & Surveying, Inc., in the amount
of $15,428.63.
Hoff Road (West 4th Street to West Shaulis Road) Project No.
IX -6587(3)--79-07
Pay estimate No. 18 frau Robinson Engineering Company in the amount of
$921.01.
Kimball Avenue to Ridgeway Avenue to South City Limits, Project No.
IX -6641(1)--79-07
Pay estimate No. 16 from Schenk Engineering Canpany in the amount of
$4,933.01.
Existing Sanitary Sewer Investigation Kimball Avenue from Ridgeway Avenue to
4th Street Project No. IX -6641(2)--79-07
Pay estimate No. 2 frau Schenk Engineering Canpany in the amount of
$653.26," be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1985-464.
87900 - Moved by Dowie, seconded by Klinger
that "Resolution approving the following statements for amounts shown together
with recommendation of approval:
F.Y. 1985 Maywood Storm Sewer Improvements, Contract No. 278
Statement frau Brice, Petrides and Assoc., in the amount of $4,398.64.
F.Y. 1985 Maywood Storm Sewer Improvements, Contract No. 276
Statement frau Brice, Petrides and Assoc., in the amount of $4,214.39.
F.Y. East Side Parking Ramp Repairs, Contract No. 287
Statement frau Brice, Petrides and Assoc., in the amount of $10,000.00.
August 12, 1985 Page Seven
BILLS PAYMENT CONTINUED
87900 - F.Y. 1986 Street Reconstruction Program, Contract No. 290
(cont) Statement from Jensen Cary Shoff Consulting Engineers in the amount of
$11,451.26.
Existing Sanitary Sewer Investigation Kimball Avenue from South Corp. Limits
to Ridgeway Avenue Project No. IX -6641(1)--79-07
Statement frau Schenk Engineering Company in the amount of $883.77," be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1985-465.
NEW BUSINESS
87901 - Moved by Klinger, seconded by Wright
that communication from Mayor Bowers transmitting the appointment of Paul F. Koch,
210 Sunset Road and Russell Burt, 713 Cottage Street to the Cablevision Commission
with term expiring December 1, 1987 be received, placed on file and approved.
Ayes: Five. Nays: Getty and Lichty.
Motion carried.
87902 - Moved by Klinger, seconded by Wright
that communication from Mayor Bowers transmitting the appointment of Gale Quirk,
245 Alta Vista Avenue to the Waterloo Commission on Human Rights with term
expiring January 1, 1989 be received, placed on file and approved. Ayes: Five.
Nays: Getty and Lichty.
Motion carried.
87903 - Moved by Klinger, seconded by Wright
that communication from Mayor Bowers transmitting the appointment of SRmnie Dell,
203 Candlewick Road to the Board of Park Commissioners with term expiring January
1, 1990 be received, placed on file and approved. Ayes: Five. Nays: Getty and
Lichty.
Motion carried.
87904 - Moved by Klinger, seconded by Wright
that communication from Mayor Bowers transmitting the appointment of Don Bahls,
999 Home Plaza Bldg., to the Police and Fire Pension Board with term expiring
April 1987 be received, placed on file and approved. Ayes: Five. Nays: Getty and
Lichty.
Motion carried.
87905 - Moved by Klinger, seconded by Wright
that communication from Mayor Bowers transmitting the appointment of Art Carter,
Kathy Hadley, Dennis Clark and Harris Ceaser to the Mayor's Advisory Committee be
received, placed on file and approved. Ayes: Five. Nays: Getty and Lichty.
Motion carried.
87906 - Moved by Klinger, seconded by Wright
to instruct City Engineer to prepare plans, specifications, etc., for the F.Y.
1986 Railroad Runaround Track Iowa Northern Railway Company, Contract No. 291.
Ayes: Five. Nays: Getty and Lichty.
Motion carried.
August 12, 1985 Page Eight
NEW BUSINESS CONTINUED
87907 - Moved by Klinger, seconded by Wright
to receive and file plans, etc., for the F.Y. 1986 Railroad Runaround Track Iowa
Northern Railway Company, Contract No. 291, and "Resolution preliminarily
approving same", be adopted. Ayes: Five. Nays: Getty and Lichty.
Resolution adopted and upon approval by Mayor assigned No. 1985-466.
87908 -Moved by Klinger, seconded by Wright
to instruct Deputy Clerk/Auditor to publish notice of hearing of plans, etc. and
taking of bids for the F.Y. 1986 Railroad Runaround Track Iowa Northern Railway
Company, Contract No. 291, and 'Resolution setting date of hearing as September 3,
1985 at 7:00 p.m. in the City Hall Council Chambers for said project", be adopted
and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Five.
Nays: Getty and Lichty.
Resolution adopted and upon approval by Mayor assigned No. 1985-467.
87909 - Moved by Klinger, seconded by Wright
that communication from Community Development Administrator transmitting
recommendation on appointment of Randy Lockett to the position of Rehab/Specialist
be received, placed on file and approved. Ayes: Five. Nays: Getty and Lichty.
Motion carried.
87910 - Moved by Klinger, seconded by Wright
that communication from City Attorney transmitting resignation of Donna Lesyshen
and entitlement to vacation and sick pay in the amount of $1,143.05 be received,
placed on file, approved and 'Resolution approving said payment", be adopted.
Ayes: Five. Nays: Getty and Lichty.
Resolution adopted and upon approval by Mayor assigned No. 1985-468.
87911 - Moved by Dowie, seconded by Klinger
that the following requests for travel with expenses not to exceed amounts shown,
be received, placed on file and approved: Ayes: Seven.
Travel Requests
Tom Penaluna, Councilperson, to National League of Cities Third International
Trade Conference, September 19-21, 1985, Long Beach, California, cost not to
exceed $900.00.
David M. Keidel, Chief Housing Inspector, to attend 5th Annual Workshop/Seminar
of the Iowa Association of Housing Officials, September 18-20, 1985, cost not to
exceed $291.55 plus use of City vehicle.
Wiliam J. Sueppel, Assistant City Attorney, to attend Annual NIMLO Conference,
October 16-19, 1985, Philadelphia, Pa., cost not to exceed $1,061.00.
James Cain, Fire Marshal, and James Eggleston, Fire Inspector to attend
Community Fire Prevention Evaluation Workshop, August 10, 1985, Ames, Iowa, cost
not to exceed $100.00 plus use of City vehicle.
Motion carried.
August 12, 1985 Page Nine
MISCELLANEOUS
87912 -Moved by Davie, seconded by Klinger
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 License be approved: Ayes: Seven.
Beer and Liquor License Application
Class C
M.A.C. Restaurants Ltd., Nino's, 3551 University Avenue
(Old location -new owner) (Expires 8/19/86) plus
Sunday sales
Beer and Wine License Application
Class E
Country Market, 1411 Flammang Drive (New) (Expires
plus Sunday sales
7 -Eleven Store #18456, 1105 Cedar Bend Drive, (New) (Expires 9/17/86) plus
Sunday sales
7 -Eleven Store #22618, 510 Conger, (New) (Expires 9/17/86) plus Sunday
sales
Wine License Application
Class C
Concession Services Inc., Cattle Congress Grounds, (Expires 9/16/85)
Cigarette Permit
Country Market, 1411 Flammang Drive
Motion carried.
BONDS
87913 - Moved by Klinger, seconded by Wright
that the report of City Attorney and list of bonds filed with Clerk through August
12, 1985, be received, placed on file and report and bonds approved.
Motion carried.
ADJOURNMENT
87914 -Moved by Daaie, seconded by Getty
that the Council adjourn.
Motion carried.
Michelle Temeyer
Deputy Clerk/Auditor