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HomeMy WebLinkAbout05/28/1985May 28, 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 May 28, 1985. Mayor Bowers in the Chair. Roll call: Klinger, Penaluna, Lichty, Getty, Seeber, Wright. Absent: Dowie. Invocation by Klinger. 87455 - Moved by Lichty, seconded by Wright that the Agenda, as amended for the Regular Session of May 28, 1985, at 7:00 p.m., be accepted and approved. Motion carried. 87456 - Moved by Wright, seconded by Seeber that the Minutes of the Regular Session held May 20, 1985, and Special Minutes of May 16, 1985, be approved. Motion carried. HEARINGS 87457 - Moved by Klinger, seconded by Seeber that proof of publication of notice of public hearing on plans, specifications for the F.Y. 1986 Oiling Program, Contract No. 286 as published in the Waterloo Courier on May 8 and 15, 1985, be received and placed on file. Motion carried. 87458 - HOLD HEARING --This being the time and place of hearing the Mayor called for written and oral objections. The Clerk reported that petitions of objections were on file. Moved by Wright, seconded by Lichty that petitions of objection to the F.Y. 1986 Oiling Program, Contract No. 286 be received and placed on file. Motion carried. 87459 - James Rooff, Jr., objected to the oiling of Birmingham Avenue from the alley southeasterly of Byron to Hawthorne. He stated that construction associated with the highway project has put this street in its current condition and did not feel that adjacent property owners should be responsible for the repair. Darius Alderman, 2202 Byron Avenue, objected to his assessment of $840.00. A resident on Byron Avenue also objected to the oiling. He reported that truck traffic on the street is a problem and repair costs should not be born by the property owners. Moved by Getty, seconded by Klinger that the above objections be received and placed on file. Motion carried. 87460 - Curt Van Deest, City Engineer's Office reported that 100% of the adjacent property owners on Birmingham Avenue objected to the oiling. Moved by Getty, seconded by Klinger that Birmingham Avenue, frau alley southeasterly of Byron to Hawthorne, twenty-two (22) feet wide, be deleted from the F.Y. 1986 Oiling Program, Contract No. 286. Motion carried. May 28, 1985 Page Two HEARINGS CONTINUED 87461 - There were no objections to the oiling of Byron Avenue. Moved by Penaluna, seconded by Getty that Byron Avenue from Birmingham Avenue to Old Mill Race, twenty-two (22) feet wide, be retained in the F.Y. 1986 Oiling Program, Contract No. 286. Ayes: Six. Nays: Lichty. Motion carried. 87462 - There were no objections to the oiling of Hewitt Street Moved by Getty, seconded by Penaluna that Hewitt Street frau Oneida Street to Adams Street, twenty-one (21) feet wide, be retained in the F.Y. 1986 Oiling Program, Contract No. 286. Motion carried. 87463 - Curt Van Deest reported that 59% of the adjacent property owners objected to the oiling of the alley between Broadway and Columbia from Edwards-Bratnober, fourteen (14) feet. Moved by Getty, seconded by Klinger that North-South Alley between Broadway and Columbia from Edwards-Bratnober, fourteen (14) feet wide be deleted from the F.Y. 1986 Oiling Program, Contract No. 286. Motion carried. 87464 - There were no objections to the oiling of the alley between Dundee and Kirkwood from Bismark to Stratford, ten (10) feet. Moved by Getty, seconded by Penaluna that Alley between Dundee and Kirkwood from Bismark to Stratford, ten (10) feet wide be retained in the F.Y. 1986 Oiling Program, Contract No. 286. Motion carried. 87465 - Moved by Klinger, seconded by Getty that "Resolution adopting Resolution of Necessity, as amended, for the F.Y. 1986 Oiling Program, Contract No. 286," be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1985-245. 87466 - Moved by Penaluna, seconded by Seeber that "Resolution ordering work for the F.Y. 1986 Oiling Program, Contract No. 286", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1985-246. 87467 - Moved by Getty, seconded by Klinger that proof of publication of notice of public hearing on amendment to the F.Y. City of Waterloo Operating Budget as published in the Waterloo Courier on May 21, 1985, be received and placed on file. Motion carried. May 28, 1985 Page Three HEARINGS CONTINUED 87468 - HOLD HEARING --This being the time and place of public hearing the Mayor called for written and oral objections. There were none. Bruce Meisinger, Budget Analyst, reported that the amendment was an end of the year bookkeeping adjustment. Moved by Getty, seconded by Seeber that "Resolution approving amendment to the F.Y. 1985 City of Waterloo Operating Budget", be adopted and Clerk/Auditor instructed to certify same to the County Auditor. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1985-247. 87469 - Moved by Seeber, seconded by Wright that proof of publication of notice of public hearing on amendment to Ordinance No. 2479, as amended, Zoning Ordinance --Flood Plain Ordinance as published in the Waterloo Courier on May 17, 1985, be received and placed on file. Motion carried. 87470 - HOLD HEARING --This being the time and place of public hearing the Mayor called for written and oral objections. There were none. Moved by Klinger, seconded by Penaluna that recommendation of approval of the Planning, Programming and Zoning Commission to said amendment be received and placed on file. Motion carried. 87471 - Moved by Seeber, seconded by Getty that "Ordinance amending Ordinance No. 2479, as amended, known as the Zoning Ordinance for the City of Waterloo, Iowa, by repealing Part III, Section 2A-3, Definitions; Part IV, District and Boundaries thereof; Part V, Section 2A-7, General Regulations; Part XVII, "U-1" Unclassified District; Part XXIII, Board of Adjustment: Section 2A-52; Part XXIV, Occupancy Permits; Part XXVI, Section 2A-55, Amendments, Subsection C; and adding Section 2A -52A, Hearings and Decisions of the Board of Adjustment; Part XXIX, and Duties and Responsibilities of the Building Official", be received, filed, considered and passed for the first time. Ayes: Six. Absent: Daaie. Motion carried. 87472 - Moved by Klinger, seconded by Getty that proof of publication of notice of public hearing to rezone from "R-1" One and Two Family Residence District to "C -Z" Conditional Zoning property located between Clough and Moir Streets and south of Arden Street as published in the Waterloo Courier on May 21, 1985 be received and placed on file. Motion carried. 87473 - HOLD HEARING --This being the time and place of hearing the Mayor called for written and oral objections. The Clerk reported that oral objections were on file. Moved by Klinger, seconded by Getty that petitions of objections to said rezoning and recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Motion carried. May 28, 1985 Page Four HEARINGS CONTINUED 87474 - Moved by Penaluna, seconded by Klinger that "Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 6 to Section 2A -7-N Conditional Zoning", be received, placed on file, passed and considered for the first time. Ayes: Six. Absent: bowie. Motion carried. 87475 - Moved by Getty, 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. Absent: Daaie. Motion carried. 87476 - Moved by Klinger, seconded by Penaluna that "Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 6 to Section 2A -7-N Conditional Zoning", be adopted. Ayes: Six. Absent: Davie. Ordinance adopted and upon approval by Mayor assigned No. 3392. 87477 - Moved by Getty, seconded by Lichty that proof of publication of notice of public hearing on site plan review for construction of a car wash in "S-1" Shopping Center District at 346 E. Ridgeway Avenue as published in the Waterloo Courier on May 21, 1985, be received and placed on file. Motion carried. 87478 - HOLD HEARING --This being the time and place of public hearing the Mayor called for written and oral objections and there were none. Moved by Klinger, seconded by Lichty that recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 87479 - Moved by Seeber, seconded by Penaluna that "Resolution approving the site plan for construction of a car wash in a "S-1" Shopping Center District, 346 East Ridgeway Avenue", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1985-248. ORAL PRESENTATIONS 87480 - Pat Derfield, Chairman of the 4th Street Cruise thanked the Police Departments and the City for their cooperation for the 4th Street Cruise (May 25, 1985). Councilperson Seeber requested that the item of security at Rath Packing Company be placed on the Council Agenda of June 3, 1985, for consideration. Moved by Klinger, seconded by Wright that the item as described above be placed on the Agenda of June 3, 1985. Motion carried. rieN May 28, 1985 Page Five PETITIONS FROM PUBLIC 87481 - Moved by Getty, seconded by Penaluna that comunication from City Engineer transmitting the request of Iowa Toy Company, Inc., 420 Ansboraugh Avenue for temporary concrete driveway to be located on Upton Avenue together with recommendation of approval be received, placed on file, and "Resolution approving said request", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1985-249. REPORTS 87482 - Councilperson Penaluna indicated that an amendment has been made to Page 3 of the Citizen Reorganization Report. Said amendment should include No. 14 Comity Development Board in the column listed under proposed divisions. Councilperson Getty questioned why the Print Shop was put under the Division Head of the Clerk/Auditor and why a broken line was shown between the Division of Community Development and Planning and Development. The Print Shop was so placed to coordinate services. The broken line between Community Development and Planning and Development is to shag the coordination of activities between the departments. Councilperson Lichty stated that she did not think merit raises should be given. Councilperson Penaluna indicated that this plan did not address the issue of merit raises but the operation of City government. Moved by Penaluna, seconded by Klinger that communication from the Citizen's Reorganization Committee transmitting final report dated May, 1985, be received, placed on file and approved. Motion carried. 87483 - Moved by Penaluna, seconded by Klinger that Waterloo Recreation Commission Minutes of May 9, 1985, be received and placed on file. Motion carried. DOCUMENTS 87484 - Moved by Getty, seconded by Seeber that Warranty Deed from Larry L. Edler and Susan K. Edler for property known as Lot 38, 39, 40, 41, 42, 43, Block 41, Riverview Addition dated May 24, 1985, be received, placed on file and "Resolution approving said deed", be adopted and Clerk/Auditor instructed to record same. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1985-250. 87485 - Moved by Getty, seconded by Seeber that communication from the Waterloo Housing Authority transmitting the recommendation of final acceptance for the conversion of electric to gas heat and hot water at 225 W. Ridgeway Avenue together with approval of the architect, the contractor, the Department of Housing and Urban Development and the City's Chief Heating Inspector be received, placed on file and "Resolution approving final acceptance, and authorization to release the 10% retainage", be adopted. Ayes: Six. Absent: Dawie. Resolution adopted and upon approval by Mayor assigned No. 1985-251. May 28, 1985 Page Six DOCUMENTS CONTINUED 87486 - Moved by Getty, seconded by Seeber that communication from City Planner transmitting request of Granger and Assoc., Inc., for dedication for two sanitary sewer easements in Tract F, Southbrook Addition, together with recommendation of approval of the Planning, Programming and Zoning Commission and City Engineer's Office be received, placed on file and 'Resolution approving said easement documents", be adopted and Clerk/Auditor instructed to record same. Ayes: Six. Absent: Dawie. Resolution adopted and upon approval by Mayor assigned No. 1985-252. 87487 - Moved by Getty, seconded by Seeber that communication from City Planner transmitting Supplemental Agreement No. 1 with Robinson Engineering Company for Hoff Road (IX -6587(3)--79-07) together with recommendation of approval be received, placed on file and 'Resolution approving said document", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1985-253. 87488 - Moved by Getty, seconded by Seeber that communication from City Planner transmitting agreement with the Iowa DeparLment of Transportation for Black Hawk Road from Cedar Heights Road in Cedar Falls to Ansborough Avenue in Waterloo known as City/State Reimbursement Agreement No. 85-F-043 Black Hawk Road (IX -6576(1)--79-07) together with recommendation of approval be received, placed on file and "Resolution approving same", be adopted and Mayor and Clerk/Auditor instructed to execute same. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1985-254. 87489 - Moved by Getty, seconded by Seeber that communication from City Planner transmitting agreement with the Iowa Department of Transportation for the acquisition of Right -of -Way for construction of relocated U.S. 218 from Rainbow Drive north to the existing U.S. 20 near the Waterloo Airport known as acquisition Agreement No. 85-1-237, Relocated U.S. 218 (Rainbow Drive to existing U.S. 20) (IX -218-7(58)--3P-07) together with recommendation of approval be received, placed on file and 'Resolution approving said Agreement", be adopted and Mayor and Clerk/Auditor instructed to execute same. Ayes: Six. Absent: bowie. Resolution adopted and upon approval by Mayor assigned No. 1985-255. 87490 - Moved by Getty, seconded by Seeber that communication frau City Engineer transmitting construction plans for paving for East Entrance Drive to Crossroads Plat No. 2 together with recommendation of approval, be received, placed on file and approved. Motion carried. 87491 - Moved by Getty, seconded by Seeber that communication from Planning, Programming and Zoning Commission transmitting the final plat of Bill Ramsey Replat in Soppe Addition, Black Hawk County, Iowa, together with the Engineer's certificate of survey, deed of dedication, report of the City Engineer, and Resolution of approval be received, placed on file, and 'Resolution approving said plat", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1985-256. May 28, 1985 Page Seven DOCUMENTS CONTINUED 87492 - Moved by Getty, seconded by Seeber that communication from City Engineer transmitting Engineering Contracts for the F.Y. 1986 Street Reconstruction Program, Contract No. 290, from Jensen, Cary, Shoff Consulting Engineers, Inc., together with recommendation of approval be received, placed on file, and "Resolution approving said contracts", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1985-257. 87493 - Moved by Getty, seconded by Seeber that communication from City Planner transmitting the Capital Improvements Program for F.Y. 1986 through 1990 together with recommendation of approval be received, placed on file and "Resolution approving said document", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1985-258. 87494 - Moved by Getty, seconded by Seeber that communication from City Engineer transmitting Engineering Contracts for the F.Y. 1986 Street Reconstruction Program, Contract No. 290, from Jensen, Cary, Shoff Consulting Engineers, Inc., together with recommendation of approval be received, placed on file, and 'Resolution approving said contracts", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1985-259. RESOLUTIONS TO BE ADOPTED 87495 - Moved by Penaluna, seconded by Getty that "Resolution authorizing an amendment to the loan agreement of $800,000 Industrial Revenue Bond, Series 1980 (Fahr Beverage, Inc., Project)", be adopted. Ayes: Six. Absent: Dawie. Resolution adopted and upon approval by Mayor assigned No. 1985-260. 87496 - Moved by Penaluna, seconded by Getty that "Resolution authorizing an amendment to the loan agreement of $400,000 Industrial Revenue Bond, Series 1981-B (Fahr Beverage, Inc., Project)", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1985-261. 87497 - Moved by Getty, seconded by Seeber that 'Resolution authorizing issuance of Industrial Revenue Bonds not to exceed $190,000 for Michael Narey dba Quality Mat Refinishing Project", be adopted. Ayes: Six. Absent: bowie. Resolution adopted and upon approval by Mayor assigned No. 1985-262. 87498 - Moved by Getty, seconded by Seeber that 'Resolution authorizing the condemnation of a parcel of property known as Parcel G, H, and I in conjunction with Hackett Road ByPass Right -of -Way acquisition (IX -6585 (3)--79-07) Bonnie and Robert Shadier", be adopted. Ayes: Five. Nays: Lichty. Absent: Davie. Resolution adopted and upon approval by Mayor assigned No. 1985-263. May 28, 1985 Page Eight RESOLUTIONS TO BE ADOPTED CONTINUED 87499 -Moved by Wright, seconded by Seeber that "Resolution approving and providing for the Execution of Housing and Community Development Block Grant Contract No. B -85 -MC -19-0008 by and between the City of Waterloo and the U.S. Department of Housing and Urban Development", be adopted. Ayes: Six. Absent: bowie. Resolution adopted and upon approval by Mayor assigned No. 1985-264. 87500 - Moved by Klinger, seconded by Seeber that "Resolution approving acceptance of an easement from Brinkley's Square Mall Inc., for maintenance of the flood control levee and granting an easement for air rights to Brinkley's Square Mall for extension of the deck of the floodwall", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1985-265. ORDINANCES TO BE ADOYI'ED 87501 - The first reading of the Special Events Ordinance was brought to the floor for discussion. Donna Lesyshen, Assistant City Attorney, stated that adoption of the ordinance was needed so that City departments are aware of Special Events within the City Limits. Dave Stein, Manager of Crossroads Shopping Center stated his opposition to the proposed ordinance. Sharon Juon, Director of the Downtown Council, stated that she supported the adoption of the ordinance based on the City's needs to know events within the City Limits. Moved by Getty, seconded by None that "an Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by adding Article V, Special Events to Chapter VI Amusements, be received, placed on file, considered and passed for. the first time. Motion died for lack of second. No other action was taken on this ordinance. 87502 - Moved by Getty, seconded by Klinger that "an Ordinance amending Ordinance No. 2644, known as the Traffic Code, by repealing Subsection (10) Public Alley extending from West Fourth Street to Bluff Street and lying between Jefferson Street and Commercial Street of Section 542, One Way Streets and Alleys", be received, placed on file, considered and passed for the first time. Ayes: Five. Nays: Lichty. Absent: bowie. Motion carried. May 28, 1985 Page Nine BILLS PAYMENT 87503 - Moved by Getty, seconded by Seeber that "Bills, Resolution Schedule A", be adopted. Ayes: Six. Absent: bowie. Resolution adopted and upon approval by Mayor assigned No. 1985-266. 87504 - MDved by Getty, seconded by Penaluna that 'Resolution approving the tfollowring statement for amount shown together with recommendation of approval: Conway Vicinity Skywalk, Contract No. 281 Statement from Brice, Petrides, and Assoc., in the amount of $6,444.60", be adopted. Ayes: Six. Absent: bowie. Resolution adopted and upon approval by Mayor assigned No. 1985-267. 87505 - Moved by Getty, seconded by Penaluna that "Resolution approving the following pay estimates for amounts shown together with recommendation of approval: Ansborough Avenue (San Marnan Drive to University Avenue) Project No. IX -6615(1)--79-07 Pay estimate No. 15 from Brice, Petrides and Assoc., in the amount of $8,802.34. San Marnan Drive (frau W. 4th Street to Sheffield Avenue) Project No. IX -6498(1)--79-07 Pay estimate No. 14 frau Brice, Petrides and Assoc., in the amount of $8,110.89. Kimball Avenue (Ridgeway Avenue to West Fourth Street) IX -6641(2)--79-07 Pay estimate No. 6 from Schenk Engineering in the amount of $1,810.46", be adopted. Ayes: Five. Nays: Lichty. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1985-268. NEW BUSINESS 87506 - Moved by Klinger, seconded by Wright that communication from Mayor Del Bowers recommending the appointment of Jack Seeber to the Electrical Examiners and Appeals Board, be received, placed on file and approved. Motion carried. 87507 - Moved by Klinger, seconded by Wright that the following request for travel with expenses not to exceed amounts shown, be received, placed on file and approved: Travel Request Don Temeyer, Planning and Development Director to attend training course in local economic development, Des Moines, Iowa, June 17-22, 1985, cost not to exceed $296.25. Motion carried. May 28, 1985 Page Ten MISCELLANEOUS 87508 - Moved by Getty, seconded by Wright 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 Beer Garden, Dance Permit and Noise Ordinance be approved: Beer and Liquor License Application Class C Pats Place, 303 W. 4th, (Renewal) (Expires 7/10/86) Schoepske's 3rd Street Market, 923 W. 3rd, (old location new owner) (Expires 5/31/86) plus Sunday sales The Locker Room, 1918 Hawthorne Sunday sales (New) (Expires 4/30/86) Beer Garden Brinkley's Landing (Ship's Helm) outdoor deck for dining. Cigarette Permit Schoepske's 3rd Street Market, 923 W. 3rd Street Dance Permit Waterloo Club, 10 W. 4th Street Motion carried. 87509 - Moved by Getty, seconded by Wright that "Resolution approving Noise Ordinance, Chapter 25.5 for Cedar Valley Construction Company together with approval from Police Department", be adopted. Ayes: Six. Absent: Dawie. Resolution adopted and upon approval by Mayor assigned No. 1985-269. BONDS 87510 - Moved by Klinger, seconded by Lichty that the report of City Attorney and list of bonds filed with Clerk through May 28, 1985, be received, placed on file and report and bonds approved. Motion carried. ADJOURNMENT 87511 -Moved by Seeber, seconded by Lichty that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor