HomeMy WebLinkAbout05/20/1985May 20, 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 20,
1985. Mayor Bowers in the Chair. Roll call: Klinger, Getty, Dowie,
Wright. Absent: Penaluna, Lichty, Seeber.
Invocation by Getty.
87417 - Moved by Klinger, seconded by Wright
that the Agenda, as amended for the Regular Session of May 20, 1985,
at 7:00 p.m., be accepted and approved.
Motion carried.
The following guests were introduced from the local high schools.
Each "shadowed" a Councilperson, Mayor, Police or Fire Chief for the
afternoon.
Lori Weidner - Columbus High School
Reenie Budak - Columbus High School
Reatha Sudduth - West High School
Ben Burger - West High School
Chad Palmer - East High School
Mechon Williams - East High School
Scott Damge - Central High School
David Emily - Central High School
87418 - Moved by Dowie, seconded by Klinger
that the Minutes of the Regular Session held May 13, 1985, and the
Special Minutes of May 8 and 9, 1985, be approved.
Motion carried.
ORAL PRESENTATIONS
87419 Sharon Juon, Director of Waterloo Downtown Council, thanked the City
and the Fire Department for their efforts in the downtown clean-up
of 4th Street on Saturday, May 18, 1985. With the Fire Department's
assistance, members of the Council were able to wash dawn 4th Street
between Franklin and Washington Street. She also thanked the City
for their efforts in renovation of Lincoln Park. Also on Saturday,
May 18 a dedication ceremony was held in Lincoln Park in memory of
Larry Rust, a former City employee and the planting of a tree in
the name of Merlin Hodapp.
PETITIONS FROM PUBLIC
87420 - Moved by Getty, seconded by Dowie
that communication from Finance Committee transmitting the request of
the Waterloo Public Library for City Funds in the amount of $5,000
for a grant from the Library Services and Construction Act of the
State Library of Iowa for development of the library's collection by
purchasing print and non print materials, together with
recommendation of approval be received, placed on file and
"Resolution approving said request", be adopted and Clerk/Auditor
instructed to draw warrant accordingly. Ayes: Four. Absent:
Penaluna, Lichty, Seeber.
Resolution adopted and upon approval by Mayor assigned No. 1985-225.
87421 - Moved by Getty, seconded by Dowie
that communication from City Engineer transmitting the request of
Ronald Penne for temporary asphalt driveway at 3849 Cedar Terrace
Drive together with recommendation of approval be received, placed on
file and "Resolution approving said request", be adopted. Ayes:
Four. Absent: Penaluna, Lichty, Seeber.
Resolution adopted and upon approval by Mayor assigned No. 1985-226.
May 20, 1985 Page Two
YI:1'ITIONS FROM PUBLIC CONTINUED
87422 - Moved by Getty, seconded by Dowie
that communication from Planning, Programming and Zoning Commission
transmitting the request of Dwight and Susan Dehl to rezone frau
"R-1" One and Two Family Residence District to "C -Z" Conditional
Zoning a parcel of land located between Clough and Moir Streets and
south of Arden Streets together with recommendation of denial of the
staff and recommendation of approval of the Planning, Programming and
Zoning Commission and petition containing 78% of the property owners
within 250 feet favoring said request be received, placed on file and
"Resolution setting date of hearing as May 28, 1985 at 7:00 p.m. in
the City Hall Council Chambers on the above described request", be
adopted and Clerk/Auditor instructed to publish notice of hearing
accordingly. Ayes: Four. Absent: Penaluna, Lichty, Seeber.
Resolution adopted and upon approval by Mayor assigned No. 1985-227.
87423 Moved by Getty, seconded by Dawie
that caiminication frau Planning, Programming and Zoning Commission
transmitting the site plan request of Arlin Zevenbergen for
construction of a car wash located at 346 E. Ridgeway Avenue located
in an "S-1" Shopping Center District together with recommendation of
approval be received, placed on file and "Resolution setting date of
hearing as May 28, 1985 at 7:00 p.m. in the City Hall Council
Chambers on above described site plan", be adopted and Clerk/Auditor
instructed to publish notice of hearing accordingly. Ayes: Four.
Absent: Penaluna, Lichty, Seeber.
Resolution adopted and upon approval by Mayor assigned No. 1985-228.
87424 Moved by Getty, seconded by Dowie
that communication frau Planning, Programming and Zoning Commission
transmitting the request of Wayne Claassen Engineering Company, 2709
University Avenue for site plan review to construct a detached garage
in the southwest corner of said property together with recommendation
of approval be received, placed on file and "Resolution approving
said site plan", be adopted. Ayes: Four. Absent: Penaluna, Lichty,
Seeber.
Resolution adopted and upon approval by Mayor assigned No. 1985-229.
87425 - Moved by Klinger, seconded by Wright
that communication from Planning, Programming and Zoning Commission
transmitting a site plan amendment for a tract of land zoned
"R -3,R -P" Planned Residence District for an area generally located
east of Ansborough Avenue and north of Home Plaza for construction of
a small animal clinic together with recommendation of approval be
received, placed on file and"Resolution approving said site plan
amendment", be adopted. Ayes: Four. Absent: Penaluna, Lichty,
Seeber.
Resolution adopted and upon approval by Mayor assigned No. 1985-230.
May 20, 1985 Page Three
UNFINISHED BUSINESS
87426 Bill Mays, Black Hawk County Health Director, asked the Council's
approval of a 6 month pilot project that would authorize the County
Health Department to investigate complaints against Waterloo Nursing
Homes. He indicated that the Iowa Department of Health has given the
County Department the choice of investigating complaints. Due to the
current state back log, the Health Department will be assisting in
local complaints. He stated that at this time he was not requesting
funding for the program, only for permission to investigate. At some
future time he anticipates that State appropriations or federal
matching funds will be available to help fund the program.
Glenda Mabrey, indicated her support of this Agreement.
Moved by Getty, seconded by Wright
that the Memorandum of Consent and Cooperation between the City of
Waterloo and the Black Hawk County Department of Health concerning
the investigation of nursing home complaints be received, placed on
file and "Resolution approving said agreement", be adopted and Mayor
authorized to execute same. Ayes: Four. Absent: Penaluna, Lichty,
Seeber.
Resolution adopted and upon approval by Mayor assigned No. 1985-231.
87427 - Moved by Dowie, seconded by Getty
that communication from Sign and Traffic Department making report on
request of residents on East Airline Highway to lift the truck
embargo on Donald Street together with recommendation of denial be
received, placed on file, request of residents denied, and
Clerk/Auditor be instructed to notify the residents accordingly.
Motion carried.
REPORTS
87428 - Mayor Bowers indicated his desire to eliminate Special Police
security at Rath Packing Company since the City is no longer the
holder of the superior priority on the building and equipment at Rath
Packing Company. He indicated that Rath has now been given the
authority by bankruptcy court to pay security costs out of the sale
of the trademark to John Morrel and Company.
Councilperson Dowie wanted action on this matter delayed for one week
until such time as the City finds out how much security is being
provided by Rath.
City Attorney W. David Tyler indicated that Rath is securing the
premises.
Moved by Getty, seconded by Klinger
that the communication from Mayor Bowers recommending the elimination
of Special Police security at Rath Packing Company be received,
placed on file and approved. Ayes: Klinger, Getty, Wright. Nays:
Dowie. Absent: Penaluna, Lichty, Seeber.
Motion not carried.
May 20, 1985 Page Four
REPORTS CONTINUED
87429 - Moved by Wright, seconded by Klinger
that the Community Development Board Minutes of April 9, 1985 be
received and placed on file.
Motion carried.
87430 - Moved by Wright, seconded by Klinger
that the Waterloo Public Library Minutes of April 10, 1985 be
received and placed on file.
Motion carried.
87431 - Moved by Wright, seconded by Klinger
that Financial Report for Ridgeway Towers and Section 8 Existing
Housing for April 1985 be received and placed on file.
Motion carried.
87432 -Moved by Wright, seconded by Klinger
that communication from Sign and Traffic Department transmitting
report on the changing of the traffic flow in the alley bounded by W.
4th, W. 5th, Commercial and Jefferson Streets together with
recarmendtion that traffic flow be changed be received, placed on
file and City Attorney instructed to submit an ordinance.
Motion carried.
87433 - Moved by Wright, seconded by Klinger
that communication from Mayor Bowers transmitting recommendation of
Russell Lowe as Chairperson and Bernard Stroh as Vice Chairperson to
the Community Development Board through May 1, 1986, be received,
placed on file and approved.
Motion carried.
87434 - Moved by Wright, seconded by Klinger
that communication from Mayor Bowers recommending that no parking
tickets be issued for overtime parking in any metered off street or
on street parking space in the downtown area during My Waterloo Days,
June 1 - 9, 1985, be received, placed on file, and approved, however,
meter attendants are instructed to issue tickets for all the
violations of the Traffic Code during this time.
Motion carried.
87435 - Discussion was heard on the revised Affirmative Action Plan, Page 25
dealing with the Affirmative Action Review Complaint Procedures.
City Attorney W. David Tyler indicated that if the Council approved
Page 25 as part of the Affirmative Action Plan that "the complaint
committee" provided for on Page 25 must be carefully monitored so as
to avoid any illegal actions.
May 20, 1985 Page Five
REPORTS CONTINUED
87435 - Cora Turner, Personnel Analyst/Affirmative Action Officer, indicated
(cont) that the intent of the Review Committee was to serve as a listening
body and not to act in a legal capacity.
Russ Tawe, Chairperson for Community Development Board indicated his
support of the Review Committee as recommended by the Affirmative
Action Advisory Committee.
Tyler also indicated that adoption of the plan including page 25
would be acceptable if the person requesting review by the
Affirmative Action Review Committee were only told that a department
head may select any person frau the certified list, no matter what
that person's position in the list may have been.
Joy Lowe, a member of the Affirmative Action Advisory Committee also
recommended approval of Page 25.
Moved by Klinger, seconded by Wright
that communication frau Personnel Analyst/Affirmative Action Officer
transmitting a revised copy of Page 25 (Affirmative Action Review
Complaint Procedures) of the Affirmative Action Plan together with
recommendation of approval by the Mayor, Personnel Department,
Affirmative Action Advisory Committee, be received, placed on file
and "Resolution approving said amendment to the Affirmative Action
Plan with the attachment of the legal opinion of the City Attorney's
Office dated May 20, 1985", be adopted. Ayes: Four. Absent:
Penaluna, Lichty, Seeber.
Resolution adopted and upon approval by Mayor assigned No. 1985-232.
87436 - Moved by Getty, seconded by Davie
that communication frau Personnel Department transmitting revisions
to the Management Package be received, placed on file and "Resolution
approving said revisions", be adopted. Ayes: Four. Absent:
Penaluna, Lichty, Seeber.
Resolution adopted and upon approval by Mayor assigned No. 1985-233.
87437 - Mayor Bowers presented Fred Petersen, past chairperson of the
Community Development Board, with a plaque of appreciation frau the
City of Waterloo and the Community Development Board and Staff in
recognizing him for his 26 years of service to this City. Jim
Lindsey, Community Development Director also thanked Mr. Petersen for
his efforts and that with his assistance the City of Waterloohas been
able to realize $113 million of federal assistance.
DOCUMENTS
87438 - Moved by Dawie, seconded by Getty
that communication from the City Planner transmitting the contract
for consultant engineering services with Brice, Petrides and Assoc.,
Inc., for Cleveland Street (IX -6627) 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: Four. Absent: Penaluna, Lichty, Seeber.
Resolution adopted and upon approval by Mayor assigned No. 1985-234.
May 20, 1985 Page Six
DOCUMENTS CONTINUED
87439 - Moved by Dowie, seconded by Getty
that communication from City Engineer transmitting the construction
plans for storm sewer in the SW quarter of the SW quarter in Section
2-88-13 for Reed Auto Plaza together with recommendation of approval
be received, placed on file and approved.
Motion carried.
RESOLUTIONS TO BE ADOP D
87440 - Moved by Getty, seconded by Klinger
that "Resolution rescinding Resolution No. 1985-224, adopted May 16,
1986" relating to sale of General Obligation Bonds to Harris Trust
and Savings Bank, be adopted. Ayes: Four. Absent: Lichty, Penaluna,
Seeber.
Resolution adopted and upon approval by Mayor assigned No. 1985-235.
87441 - Moved by Getty, seconded by Klinger
that "Resolution directing sale of $7,500,000 General Obligation
Bonds to The Northern Trust Co.", be adopted. Ayes: Four. Absent:
Penaluna, Lichty, Seeber.
Resolution adopted and upon approval by Mayor assigned No. 1985-236.
87442 - Moved by Klinger, seconded by Wright
that communication from Planning, Programming and Zoning Commission
transmitting request of the City Engineer's Office for acceptance of
25 private street names in the City of Waterloo, together with
recomendation of approval be received, placed on file and "Resolution
approving the naming of certain private streets in the City of
Waterloo", be adopted. Ayes: Four. Absent: Penaluna, Lichty,
Seeber.
Resolution adpoted and upon approval by Mayor assigned No. 1985-237.
87443 - Moved by Klinger, seconded by Wright
that "Resolution accepting and approving acquisition contracts to
purchase real property and accepting deeds from Anna Sulentic for
Hackett Road Bypass known as Parcel R", be adopted. Ayes: Four.
Absent: Penaluna, Lichty, Seeber.
Resolution adopted and upon approval by Mayor assigned No. 1985-238.
May 20, 1985 Page Seven
ORDINANCES T'0 BE ADOPTED
87444 - The ordinance pertaining to special events was brought to the floor
for discussion. Councilperson Klinger inquired as to haw the
insurance provision was being addressed in the new ordinance.
Donna Lesyshen, Assistant City Attorney, indicated that an applicant
would need to obtain liability insurance in an amount agreeable to
the City Clerk, City Attorney and the applicant and would also need
to name the City as an insured party.
Pat Derfield, Chairperson of the Fourth Street Cruise questioned the
need for the ordinance and stated that he felt that the ordinance was
targeted to the organizers of the Fourth Street Cruise.
W. David Tyler, City Attorney, indicated that this statment was
false. Jim Lind, Chairperson of the My Waterloo Days Committee,
indicated that there was not a need for such an ordinance.
Rich Wiseman, Chairperson of the Rainbow Cyclist Club, indicated that
it was the City's responsibility to insure users of its street
against harm. Dave Stein, Promotions and Marketing Director of
Crossroads Center, indicated that existing rules allow negotiation
without the need for a new ordinance governing special events and
amusements. He stated that Crossroads did not strenuously object to
the ordinance.
Pat Derfield stated that he would withdraw his opposition to the
ordinance as long as City officials cooperated with cruise
organizers.
Moved by Wright, seconded by none
that "An Ordinance amending the Code of Ordinances of the City of
Waterloo, Iowa, by adding Article V, Special Events, Chapter VI,
Amusements", be received, filed, considered and passed for the first
time. Due to the lack of a second this motion died.
Moved by Getty, seconded by Klinger
that the above Ordinance be tabled for one week to allow full
participation by the City Council.
Motion carried.
NEW BUSINESS
87445 - Moved by Klinger, seconded by Getty
that "Preliminary resolution for the construction of public
improvements for the F.Y. 1986 Paving Program, Contract No. 288", be
adopted. Ayes: Four. Absent: Lichty, Penaluna, and Seeber.
Resolution adopted and upon approval by Mayor assigned No. 1985-239.
87446 - Moved by Getty, seconded by Dowie
that 'Resolution fixing value of lots for the F.Y. 1986 Paving
Program, Contract No. 288", be adopted. Ayes: Four. Absent:
Lichty, Penaluna, and Seeber.
Resolution adopted and upon approval by Mayor assigned No. 1985-240.
May 20, 1985 Page Eight
NEW BUSINESS CONTINUED
87447 - Moved by Getty, seconded by Dowie
that "Resolution adopting preliminary plat, schedule of assessments,
estimate of cost and proposed plans and specifications for the F.Y.
1986 Paving Program, Contract No. 288", be adopted. Ayes: Four.
Absent: Lichty, Penaluna and Seeber.
Resolution adopted and upon approval by Mayor assigned No. 1985-241.
87448 - Moved by Klinger, seconded by Getty
that "Resolution setting date of hearing as June 10, 1985, at 7:00
p.m. in the City Hall Council Chambers on a proposed resolution of
necessity for the F.Y. 1986 Paving Program, Contract No. 288", be
adopted and Clerk/Auditor instructed to publish notice of same.
Ayes: Four. Absent: Penaluna, Lichty and Seeber.
Resolution adopted and upon approval by Mayor assigned No. 1985-242.
87449 - Moved by Getty, seconded by Dowie
that communication from City Planner transmitting request to set date
of sale and taking of bids for property at 2227 Sager Avenue to be
sold to the public in conjunction with the Hackett Road ByPass
Project be received, placed on file and "Resolution setting date of
hearing and bid opening as June 24, 1985 at 7:00 p.m. in the City
Hall Council Chambers on above described sale", be adopted and
Clerk/Auditor instructed to publish notice of same. Ayes: Four.
Absent: Seeber, Lichty and Penaluna.
Resolution adopted and upon approval by Mayor assigned No. 1985-243.
87450 - Moved by Getty, seconded by Dawie
that "Resolution setting date of hearing as May 28, 1985, at 7:00
p.m. in the City Hall Council Chambers on the Amendments to the F.Y.
1985 City Budget", be adopted and Clerk/Auditor instructed to publish
notice of same. Ayes: Four. Absent: Seeber, Lichty and Penaluna.
Resolution adopted and upon approval by Mayor assigned No. 1985-244.
87451 - Moved by Getty, seconded by Dowie
that the following requests for travel with expenses not to exceed
amounts shown, be received, placed on file and approved:
Travel Requests
Waterloo Police Pistol Team to participate in yearly shoot,
Cedar Rapids, Iowa, June 1-2, 1985, cost not to exceed $691.20.
Timothy Luce, Assistant City Attorney, to attend CETA Meetings,
Washington, D.C., May 12-15, 1985, cost not to exceed $952.00.
Betty Jean Furgerson, Human Rights Commission Executive
Director and two (2) Commissioners, to attend 37th Annual
Convention of the International Association of Official Human
Rights Agencies, Chicago, I11., July 7-12, 1985, cost not to
exceed $1,724.00.
Motion carried.
May 20, 1985 Page Nine
MISCELLANEOUS
87452 - Moved by Wright, seconded by Getty
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 Application, Cigarette Permits, Fireworks Application,
and City Scavenger's License Application be received, placed on file
and approved:
Beer and Liquor License Permit Applications
Class C
Club Shalimar, 743 Logan, (Renewal) (Expires 5/22/86)
Hickory House, 315 Park Road, (Renewal) (Expires 5/24/86) plus
Sunday sales
Waterloo Club, 10 W. 4th, (New) (Expires 5/24/86) plus Sunday
sales
Beer License Permit Applications
Class B
DuBois Mercantile, 700 Bishop, (New) (Expires 5/20/86) plus
Sunday sales
Latin American Club of Waterloo, Inc., Lincoln Park, (14 day)
(New) plus Sunday sales
Beer License Permit Application
Class C
Pester Marketing Company, 611 Rainbow, (Renewal) (Expires
7/31/86) plus Sunday sales
Application for Transfer of Beer Permit for Latin American Club
of Waterloo, Inc., from Byrnes Park to Lincoln Park, June 4,
1985.
Request from Brinkley's Landing for Beer Garden.
Cigarette Permit
Pony Express, 3535 Marigold
DuBois Mercantile, 418 Gilbert
Paulie's Place, 814 LaPorte Road
Rita's Place, 3005 University Avenue
Application for Fireworks Display
Vitale Fireworks Display Co., Inc., New Castle, Penn.
Application for City Scavenger's License
A-1 Toilet Rental, 515 Trail Avenue, Evansdale, Ia.
Motion carried.
87453 - Moved by Klinger, seconded by Wright
that the report of City Attorney and list of bonds filed with Clerk
through May 20, 1985, be received, placed on file and report and
bonds approved.
Motion carried.
ADJOURNMENT
87454 - Moved by Getty, seconded by Wright
that the Council adjourn.
Motion carried.
Larry P. Burger
City Clerk/Auditor