HomeMy WebLinkAbout06/24/1985June 24, 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 June
24, 1985. Mayor Pro -Tem Dowie in the Chair. Roll call: Klinger,
Penaluna, Lichty, Getty, Seeber, Dawie, Wright.
Invocation by Klinger.
87607 - Moved by Wright, seconded by Seeber
that the Agenda, as amended for the Regular Session of June 24, 1985,
at 7:00 p.m., be accepted and approved.
Motion carried.
87608 - Moved by Seeber, seconded by Wright
that the Minutes of the Regular Session held June 17, 1985, at 7:00
p.m., be approved.
Motion carried.
HEARINGS AND BIDS
87609 - Moved by Klinger, seconded by Seeber
that proof of publication of notice of public hearing and sale of
garage and home at 2227 Sager Avenue as published in the Waterloo
Courier on May 30 and June 7, 1985, be received and placed on file.
Motion carried.
87610 - HOLD HEARING --This being the time and place of hearing the Mayor
Pro -Tem called for written and oral objections and there were none.
Moved by Klinger, seconded by Getty
to receive, file and instruct the Clerk to open bids and read same:
Bidder
Larry G. Orr
Alfred J. Herbslab
Gerald Graves
Motion carried.
Garage
Securit Bid Amount
7.0 227.00
101.00 101.00
148.53 148.53
House
Security Bid Amount
$ 573.00 $ 573.00
$2,869.00 $2,869.00
87611 - Moved by Seeber, seconded by Penaluna
that the above bids be received, placed on file, and referred to
Planning, Programming and Zoning Commission for review (see CR
87624 and CR87625 for resolution authorizing sale and conveyance).
Motion carried.
87612 - Moved by Penaluna, seconded by Lichty
that proof of publication of notice of public hearing to vacate, sell
and convey an alley located between Roosevelt and Ann Streets and
east of Gilbert Street as published in the Waterloo Courier on June
7, 1985, be received and placed on file.
Motion carried.
June 24, 1985 Page Two
HEARINGS CONTINUED
87613 - Moved by Seeber, seconded by Wright
that the recommendation of approval of the Planning, Programming and
Zoning Commission, be received and placed on file.
Motion carried.
87614 - HOLD HEARING --This being the time and place of hearing the Mayor
Pro -Tem called for oral and written objections and there were none.
Bob Stevenson, City Planner, reported that one of the adjacent
property owner's has been contacted to buy his portion of the alley,
but has not responded.
Moved by Wright, seconded by Lichty
that "an Ordinance vacating an alley between Roosevelt and Ann
Streets and east of Gilbert Street", be received, filed, considered
and passed for the first time. Ayes: Seven.
Motion carried.
87615 - Moved by Klinger, seconded by Penaluna
that proof of publication of notice of public hearing on issuance of
not to exceed $45,000 Industrial Revenue Bonds for James W. Higgins
Project as published in the Waterloo Courier on June 9, 1985 be
received and placed on file.
Motion carried.
87616 - Randy Pilkington, Director of Waterloo Redevelopment Authority,
stated that each of the three (3) hearings for Industrial Revenue
Bonds had been held previously. Each was now being re -scheduled to
correct the legal publications to include addresses for the project
locations.
HOLD HEARING --This being the time and place of hearing the Mayor
Pro -Tem called for written and oral objections. There were none.
Moved by Penaluna, seconded by Getty
that "Resolution authorizing issuance of not to exceed $45,000
Industrial Development Revenue Bonds for James W. Higgins Project",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No.
1985-310.
87617 - Moved by Klinger, seconded by Penaluna
that proof of publication of notice of public hearing on issuance of
not to exceed $190,000 Industrial Revenue Bonds for Michael Narey as
published in the Waterloo Courier on June 9, 1985, be received and
placed on file.
Motion carried.
June 24, 1985 Page Three
HEARINGS CONTINUED
87618 - HOLD HEARING --This being the time and place of hearing the Mayor
Pro -Tem called for written and oral objections. There were none.
Moved by Penaluna, seconded by Getty
that "Resolution authorizing issuance of not to exceed $190,000
Industrial Development Revenue Bonds for Michael Narey", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No.
1985-311.
87619 - Moved by Klinger, seconded by Penaluna
that proof ofblication of notice of public hearing on issuance of
not to exceed $65,000 Industrial Development Revenue Bonds for
Laverne Nicol and Family as published in the Waterloo Courier on June
9, 1985, be received and placed on file.
Motion carried.
87620 -HOLD HEARING --This being the time and place of hearing the Mayor
Pro -Tem called for written and oral objections. There were none.
Moved by Penaluna, seconded by Getty
that "Resolution authorizing issuance of not to exceed $65,000
Industrial Development Revenue Bonds for Laverne Nicol and Family",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No.
1985-312.
87621 - Moved by Getty, seconded by Klinger
that proof of publication of notice of public hearing for Special
Permit Request of Kenneth DeVries to operate Automotive Recycling
Business --808 Dearborn Avenue as published in the Waterloo Courier on
June 18, 1985, be received and placed on file.
Motion carried.
87622 - Moved by Wright, seconded by Klinger
that the recommendation of approval of Planning, Programming and
Zoning Commission be received and placed on file.
Motion carried.
-une 24, 1985 Page Four
HEARINGS CONTINUED
87623 HOLD HEARING --This being the time and place of hearing the Mayor
Pro -Tem called for written and oral objections.
Bob Stevenson, City Planner, reported that the Planning Commission
had recommended approval of this request subject to the following
stipulations:
1. That the larger tract of land (13 acres) will only be used for
the storage of various metals, automobiles and parts.
2. That the crushing and shredding operations be conducted
entirely on the smaller (4.83) tract of land.
3. Access to this operation be gained via Rooff Avenue to Dearborn
Avenue. That the easterly extension of Dearborn to the
Maywood area be prohibited for purposes of private access.
4. That the solid fence be a minimum of eight (8) feet in height
and constructed of good material.
5. The location of the fence along the east property line he
constructed along the higher ridge of the larger tract of land
and is acceptable by the applicant and area residents.
6. That in the event there is a "buffer park" (open space)
between the automotive salvage area and properties in Maywood,
said buffer area will be maintained by the land owner in an
aesthetic -pleasing manner.
7. The Automotive Resources, Inc. will apply dust control
maintenance to Rooff Avenue and that segment of Dearborn Avenue
which provides access to the operations of said automotive
recycling business. The application of dust control
maintenance shall be at least two (2) times per year not to
exceed an annual cost of $1,000.00.
8. That the crushing of vehicles, scrap, parts, etc. shall be on a
temporary basis or limited to three (3) times per year and not
more that three days per time.
9. The stacking of vehicles is prohibited, except during crushing
operations as permitted above.
Mayor Pro -Tem Dowie indicated that the owner had agreed to meet all
of the these requirements.
Tim Boller spoke in support of the request and stated that an
additional 10 to 25 jobs will be created in the community should this
request be approved. He also presented an additional petition
in support of the request.
Moved by Penaluna, seconded by Wright
that "Resolution approving special permit request of Kenneth DeVries
to operate an Automotive Recycling Business at 808 Dearborn Avenue",
be adopted and petitions of support be received and placed an file.
Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No.
1985-313.
June 24, 1985 Page Five
HEARINGS CONTINUED
87624 - Bob Stevenson, City Planner, reported that the bids of Larry G. Orr
and Alfred J. Herbslab for the garage and home, respectively, were in
order and could be approved.
Moved by Seeber, seconded by Getty
that "Resolution authorizing sale and conveyance of the home at 2227
Sager Avenue to Alfred J. Herbslab in the amount of $2,869.00 and the
garage at 2227 Sager to Larry G. Orr in the amount of $227.00", be
adopted and City Attorney instructed to prepare and deliver deeds
accordingly.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No.
1985-308 and 1985-309, respectively.
ORAL PRESENTATIONS
87625 - Sidney Thomas, 115 Sheridan Road, a Waterloo Attorney, reported on
the hazardous condition at the intersection of Ridgeway Avenue and
Sheridan Road due to a hedge protruding into the intersection.
He reported that on numerous occasions he has contacted City
Departments complaining about this situation. No action has yet been
taken. Secondly, he complained of the problem with dust in the area
of Byrnes Park parking lot. He stated that the Zoning Ordinance
requires all parking lots to be hard surfaced and asked that the City
comply with its own rules and regulations.
Myron Lorenzen, 618 Sheridan Road, stated that he, as an area
resident, is encouraging the City's removal of the hedge at this
intersection.
Bob Stevenson, City Planner, stated that the parking lot is a
non -conforming use and is grandfathered into the ordinance;
therefore, is not required to the comply with the ordinances.
Sid Thomas, indicated that the City should rise above its minimum
requirements and comply with its awn ordinances.
W. David Tyler, City Attorney, reported that the City Engineer's
Office did a survey of the intersection at Sheridan Road and
Ridgeway Avenue and have determined that a portion of the hedge is
within the Right -of -Way. He indicated that the Park Department will
be advised on the portion to be removed.
Moved by Penaluna, seconded by Klinger
that the above remarks be received, placed on file and referred to
the City Attorney and that the Park Department together with the
Street Department be instructed to oil the Byrnes Park parking lot.
Ayes: Seven.
Motion carried.
87626 - Melvin Billings, 1101 Englewood, indicated that a serious weed
problem exists at 228 Hartman. He stated that neighbors in the area
keep their yards very tidy and that this property is a deterent to
the neighborhood. He asked that the City take action on this matter.
Moved by Klinger, seconded by Wright
that the above oral comments be received, placed on file and referred
to the City Attorney for review.
Motion carried.
June 24, 1985 Page Six
PETITIONS FROM PUBLIC
87627 - Moved by Klinger, seconded by Wright
that communication from City Engineer transmitting the request of
Robert Decker, 130 Prince Street for temporary concrete driveway
together with recommendation of approval be received, placed on file
and 'Resolution approving said request", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No.
1985-314.
REPORTS
87628 - Moved by Lichty, seconded by Wright
that the Waterloo Public Library Minutes of May 9, 1985 be received
and placed on file.
Motion carried.
DOCUMENTS
87629 Moved by Wright, seconded by Klinger
that communication from City Engineer transmitting crossing agreement
at Nevada Street and construction of paving at the intersection of
Nevada Street and Fowler Street with the Illinois Central Gulf
Railroad in conjunction with the F.Y. 1986 Paving Program, Contract
No. 288 be received, placed on file and "Resolution approving said
agreement", be adopted and Mayor Pro -Tem and Clerk/Auditor instructed
to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No.
1985-315.
87630 Moved by Wright, seconded by Klinger
that communication from City Engineer transmitting an agreement
for maintenance and repair of primary roads within the City of
Waterloo with the Iowa Department of Transportation together with
recommendation of approval be received, placed on file and
"Resolution approving said document", be adopted and Mayor Pro -Tem
and Clerk/Auditor instructed to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No.
1985-316.
87631 The revisions to the Affirmative Action Plan were brought to the
floor for discussion. Assistant City Attorney Donna Lesyshen
indicated that following review by their staff, the Personnel
Analyst/Affirmative Action Officer and members of the Affirmative
Action Advisory Committee, several minor revisions have been made to
the plan. The revisions now proposed do not affect the content or
meaning of the plan, and are gramatical in nature. She stated all
parties have agreed to the amendments.
Moved by Wright, seconded by Seeber
that the revisions to the Affirmative Action Plan be received, placed
on file and "Resolution approving the Affirmative Action Plan, as
amended", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No.
1985-317.
June 24, 1985 Page Seven
RESOLUTIONS TO BE ADOPTED
87632 -Moved by Getty, seconded by Klinger
that "Resolution authorizing the suspension of taxes on property at
318 Glenwood Street for past and future delinquencies", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No.
1985-318.
87633 - Moved by Getty, seconded by Klinger
that "Resolution authorizing transfer of two vehicles from the
State of Iowa to the City of Waterloo", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No.
1985-319.
87634 - Moved by Getty, seconded by Klinger
that "Resolution authorizing and directing the Clerk/Auditor to
destroy certain records and papers as provided in Section 372.13,
paragraph 5, 1981, Code of Iowa", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No.
1985-320.
87635 - Moved by Getty, seconded by Klinger
that "Resolution authorizing the issuance and sale of $325,000.00
Qualified Urban Renewal Area Revenue Bond, Series 1985 (Law Office
Project)", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No.
1985-321.
87636 - Moved by Getty, seconded by Klinger
that "Resolution authorizing transfer of $160,000.00 from the General
Fund to the Road Use Tax Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No.
1985-322.
87637 - Moved by Getty, seconded by Klinger
that "Resolution authorizing transfer of $82,416.46 from the Revenue
Sharing Trust Fund to the General Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No.
1985-323.
87638 - Moved by Getty, seconded by Klinger
that "Resolution authorizing issuance and sale of $42,000 Industrial
Development Revenue Bonds, James W. Higgins Project", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No.
1985-324.
June 24, 1985 Page Eight
RESOLUTIONS TO BE ADOF ED CONTINUED
87639 - Moved by Getty, seconded by Klinger
that "Resolution authorizing issuance and sale of $59,500.00
Industrial Development Revenue Bonds, Laverne Nicol and Family", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No.
1985-325.
BILLS PAYMENT
87640 - Moved by Getty, seconded by Klinger
that "Bills, Resolution Schedule A", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No.
1985-326.
87641 - Moved by Seeber, seconded by Wright
that "Resolution approving the following pay estimates for amounts
shown together with recommendation of approval :
F.Y. 1985 Maywood Storm Sewer Improvements Areas 1, 2, 3,
Contract No. 278
Statement from Black Hawk County Abstract Company in the amount
of $105.00.
Sixth Street (Project No. IX -6653(2)--79-07)
Pay estimate No. 7 from Brice, Petrides and Assoc., Inc., in the
amount of $10,790.00.
Easement Agreement Illinois Gulf Central Railroad
$150.00.
Hackett Road By -Pass, (Project No. IX -6585(3)--79-07)
Pay estimate from Brice, Petrides and Assoc., Inc., in the
amount of $4,043.91.
Hackett Road Engineering Design Services, Phase I and Phase II
(Project No. IX -6585(1)--79-07)
Pay estimate from Brice, Petrides and Assoc., Inc., in the
amount of $41,231.44.
Donald Street (U.S. 20 to Sage Road) (Project No.
IX -6662(1)--79-07
Pay estimate No. 11 from Brice, Petrides and Assoc., Inc., in
the amount of $18,439.65.
Ansborough Avenue (San Marnan Drive to University Avenue)
(Project No. IX -6615(1)--79-07)
Pay estimate No. 16 from Brice, Petrides and Assoc., Inc., in
the amount of $15,678.24.
Sixth Street Bridge, Contract No. 215
Pay estimate No. 9 from Brice, Petrides and Assoc., Inc., in the
amount of $14,489.13.
San Marnan Drive (from West Fourth Street to Sheffield Avenue)
(Projrect No. IX -6498(1)--79-07)
Pay estimate No. 15 from Brice, Petrides and Assoc., Inc., in
the amount of $13,183.37.
F.Y 1985 Fowler Street Sanitary Sewer Improvement, Phase 2
Contract No. 238
Pay estimate No. 1 from Wayne Claassen Engineering & Surveying,
Inc., in the amount of $20,810.47.
F.Y. 1984 Lowder Road Area Sanitary Sewer Project, Phase II,
Contract No. 262
Statement from Wayne Claassen Engineering & Surveying Inc., in
the amount of $1,197.80. Ayes: Six. Nays: Lichty.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No.
1985-327. -. -�
June 24, 1985 Page Nine
BILLS PAYMENT CONTINUED
87642 - Moved by Seeber, seconded by Wright
that "Resolution approving the following statements for amounts shown
together with recommendation of approval:
F.Y. 1985 Maywood Storm Sewer Improvements Areas 1, 2, 3,
Contract No. 278
Statement from Black Hawk County Abstract Company in the amount
of $105.00
F.Y. 1984 Lowder Road Area Sanitary Sewer Project, Phase II,
Contract No. 262
Statement from Wayne Claassen Engineering & Surveying Inc., in
the amount of $1,197.80", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No.
1985-328.
NEW BUSINESS
87643 - Moved by Penaluna, seconded by Getty
to instruct City Engineer to prepare plans, specifications, etc., for
the F.Y. 1985 Highway 63 Pumping Station Storage Units, Intercity
Interceptor, Stage IV, Contract No. 255 be received and placed on
file.
Motion carried.
87644 - Moved by Getty, seconded by Penaluna
to receive and file plans, etc., prepared by the City Engineer for
the F.Y. 1985 Highway 63 Pumping Station Storage Units, Intercity
Interceptor, Stage IV, Contract No. 255 and "Resolution preliminarily
approving same", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No.
1985-329.
87645 - Moved by Klinger, seconded by Wright
that "Resolution setting date of hearing, as July 22, 1985 at 7:00
p.m. in the City Hall Council Chambers on plans and taking of bids on
the F.Y. 1985 Highway 63 Pumping Station Storage Units, Intercity
Inceptor, Stage IV, Contract No. 255", be adopted and Clerk/Auditor
instructed to publish notice of hearing accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No.
1985-330.
87646 - Moved by Penaluna, seconded by Getty
to instruct City Engineer to prepare plans, specifications, etc., for
the F.Y. 1985 Maywood Storm Sewer Improvements, Areas I, II, and III,
Contract No. 278 be received and placed on file.
Motion carried.
June 24, 1985 Page Ten
NEW BUSINESS CONTINUED
87647 - Moved by Klinger, seconded by Wright
to receive and file plans, etc., prepared by the City Engineer for
the F.Y. 1985 Maywood Storm Sewer Improvements, Areas I, II, and III,
Contract No. 278 and "Resolution preliminarily approving same", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No.
1985-331.
87648 -Moved by Getty, seconded by Penaluna
that "Resolution setting date of hearing as July 15, 1985 at 7:00
p.m. in the City Hall Council Chambers on plans and taking of bids on
the F.Y. 1985 Maywood Storm Sewer Improvements, Areas I, II, and III,
Contract No. 278", be adopted and Clerk/Auditor instructed to publish
notice of hearing accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No.
1985-332.
87649 - Moved by Seeber, seconded by Klinger
to instruct City Engineer to prepare plans, specifications, etc., for
the F. Y. 1985 East Side Parking Ramp Repairs, Contract 287 be
received and placed on file.
Motion carried.
87650 - Moved by Getty, seconded by Seeber
to receive and file plans, etc., prepared by the City Engineer for
the F.Y. 1985 East Side Parking Ramp Repairs, Contract 287 and
"Resolution preliminarily approving same", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No.
1985-333.
87651 - Moved by Klinger, seconded by Wright
that "Resolution setting date of hearing as July 15, 1985 at 7:00
p.m. in the City Hall Council Chambers on plans and taking of bids on
the F.Y. 1985 East Side Parking Ramp Repairs, Contract No. 287", be
adopted and Clerk/Auditor instructed to publish notice of hearing
accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro -Tem assigned No.
1985-334.
87652 -Moved by Getty, seconded by Lichty
that the following requests for travel with expenses not to exceed
amounts shown, be received, placed on file and approved:
Travel Requests
Michelle Temeyer, Deputy Clerk/Auditor to attend 1985 Municipal
Clerk's Institute Continuing Education Forum July 17-19, 1985,
Ames, Iowa, cost not to exceed $200.00
Motion carried.
June 24, 1985
Page Eleven
MISCELLANEOUS
87653 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 and the
Cigarette Permits and Distress Sale License be approved:
Wine License Permit Applications
Class B
Hy -Vee Food Stores, Inc., 306 Byron Street (New) (Expires
3/24/86)
Hy -Vee Food Stores, Inc., 2325 Crossroads Blvd., (New) (Expires
2/29/86)
Hy -Vee Food Stores, Inc., 3808 University Ave., (New) (Expires
3/16/86) 4/29/86)
Walgreenen's Drug, Crossroads Blvd., (New) (Expires
Beer License Permit Applications
Class C
Gordy's Inc., 2052 Logan Avenue, (Renewal) (Expires 7/11/86)
plus Sunday sales
Ansborough Plaza, Inc., 1459 Ansborough, (Renewal) (Expires
7/11/86) plus Sunday sales
Dane Street Market, 521 Dane Street, (Renewal) (Expires
7/8/86) plus Sunday sales
R & G Oil Company, Inc., 1625 W. 4th Street, (Renewal)
(Expires 8/22/86) plus Sunday sales
Dell Oil Ltd., 90W. 18th Street, (Renewal) (Expires 7/27/86)
plus Sunday sales
National Cigar Store, 617-619 Sycamore (Renewal) (Expires
7/4/86) plus Sunday sales
Beer and Liquor License Permit Application
Class C
Black Bull, 607 Ansborough, (Renewal) (Expires 7/2/86)
Cigarette Permits
Renewal of 47 Cigarette Permits.
Distress Sale Permit
Ben Franklin, 21 ast 4th Street
Motion carried.
BONDS
87654 - Moved by Penaluna, seconded by Wright
that the report of City Attorney and list of bonds filed with Clerk
through June 24, 1985, be received, placed on file and report and
bonds approved.
Motion carried.
ADJOURNMENT
87655 - Moved by Getty, seconded by Lichty
that the Council adjourn.
Motion carried.
Larry P. Burger
City Clerk/Auditor