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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