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HomeMy WebLinkAbout05/06/1985May 6, 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 6, 1985. Mayor Bowers in the Chair. Roll call: Klinger, Penaluna, Lichty, Getty, Seeber, Dowie, Wright. Invocation by Wright. 87323 - Moved by Getty, seconded by Penaluna that the Agenda, as amended for the Regular Session of May 6, 1985, at 7:00 p.m., be accepted and approved. Motion carried. 87324 - Moved by Penaluna, seconded by Dowie that the Minutes of the Regular Session held April 22, 1985, at 7:00 p.m., and the Special Session of April 23, 1985 at 4:00 p.m. and the Special Session of April 26, 1985, at 4:00 p.m., be approved. Motion carried. HEARINGS 87325 - Moved by Klinger, seconded by Wright that proof of publication of notice of public hearing on issuance of General Corporate Purpose Bonds not to exceed $75,000 for Street Department Roof Repair, as published in the Waterloo Courier on April 23, 1985, be received and placed on file. Ayes: Six. Nays: Lichty. Motion carried. 87326 - 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 Dowie, seconded by Seeber that "Resolution instituting proceedings for issuance of said bonds", be adopted. Ayes: Six. Nays: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1985-190. 87327 - Moved by Dawie, seconded by Klinger that proof of publication of notice of public hearing on issuance of $90,000 for General Corporate Purpose Bonds for repair of East Side Parking Ramp and Baseball Stadium as published in the Waterloo Courier on April 23, 1985 be received and placed on file. Ayes: Six. Nays: Lichty. Motion carried. 87328 - 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 Wright, seconded by Seeber that 'Resolution instituting proceedings for issuance of said bonds", be adopted. Ayes: Six. Nays: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1985-191. May 6, 1985 Page Two HEARINGS CONTINUED 87329 - Moved by Klinger, seconded by Seeber that proof of publication of notice of public hearing on issuance of $7,335,000 Essential Corporate Purpose Bonds, for street repairs, storm and sanitary sewers, flood control, equipment for Street, Police and Fire Deparu ents and Park improvements, as published in the Waterloo Courier on April 23, 1985, be received and placed on file. Ayes: Six. Nays: Lichty. Motion carried. 87330 -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 Seeber, seconded by Wright that "Resolution instituting proceedings for issuance of said bonds", be adopted. Ayes: Six. Nays: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1985-192. 87331 - Moved by Klinger, seconded by Dowie that proof of publication of notice of public hearing for issuance of not to exceed $45,000 Industrial Development Revenue Bonds --James W. Higgins Project, as published in the Waterloo Courier on April 19, 1985, be received and placed on file. Motion carried. 87332 - 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 Klinger 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 assigned No. 1985-193. 87333 - Moved by Seeber, seconded by Dawie that proof of publication of notice of public hearing to vacate platted 53' rear building line in Airline Burton Industrial Park, as published in the Waterloo Courier on April 22, 1985, be received and placed on file. Motion carried. 87334 - 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 Lichty, seconded by Klinger that recommendation of approval of Planning, Programming and Zoning Commission to vacate platted 53' rear building line in Airline Burton Industrial Park, be received and placed on file. Motion carried. May 6, 1985 HEARINGS CONTINUED 87335 - Moved by Getty, seconded that "Ordinance vacating Burton Industrial Park", considered for the first Motion carried. Page Three by Lichty platted 53' rear building line in Airline be received, placed on file, passed and time. Ayes: Seven. 87336 - Moved by Getty, seconded by Lichty 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: Seven. Motion carried. 87337 - Moved by Wright, seconded by Getty that "Ordinance vacating platted 53' rear building line in Airline Burton Industrial Park", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3389. 87338 - Moved by Klinger, seconded by Seeber that proof of publication of notice of public hearing to vacate, sell and convey excess right-of-way northeast of intersection Hammond Avenue and East San Marnan Drive --Reed Cadillac and Olds, as published in the Waterloo Courier on April 26, 1985, be received and placed on file. Motion carried. 87339 - 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 Klinger that recommendation of approval of Planning, Programming and Zoning Commission to vacate, sell and convey excess right-of-way northeast of intersection Hammond Avenue and East San Marnan Drive --Reed Cadillac and Olds be received and placed on file. Motion carried. 87340 - Moved by Seeber, seconded by Dowie that "Ordinance vacating excess right-of-way northeast of intersection Hammond Avenue and East San Marnan Drive --Reed Cadillac Olds", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. 87341 - Moved by Getty, seconded by Lichty 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: Seven. Motion carried. May 6, 1985 Page Four HEARINGS CONTINUED 87342 -Moved by Lichty, seconded by Dawie that "Ordinance vacating excess right-of-way northeast of intersection Hammond Avenue and East San Marnan Drive --Reed Cadillac and Olds", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3390. 87343 - Moved by Lichty, seconded by Wright that "Resolution authorizing sale and conveyance to Reed Cadillac Olds Honda, Inc., of excess right-of-way located northeast of intersection of Hammond and East San Marnan Drive", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-194. ORAL PRESENTATIONS 87344 - Rick Tagtow, City Forrestor, presented the City Council of the City of Waterloo with a recognition plaque and flag from the National Arbor Foundation designating the City of Waterloo as a Tree City U.S.A. for 1984. In order to receive this designation, a City must meet the following criteria: 1. $1.00 per capitia must be spent on tree care. 2. An ordinance governing tree care must be in place. 3. A governing body must be given the responsibility to monitor the ordinance, in this case the Park Commission. 4. The City must celebrate Arbor Day. Moved by Klinger, seconded by Dowie that the above remarks be received, placed on file and that Rick Tagtow and the Park Commission be commended for their work on this project. Motion carried. 87345 - Earl Rogers, a member of the Rath Employees Reorganization Committee reiterated the Judges decision to sell the Rath Trademark last week during bankruptcy proceedings. In light of this situation he asked the City's assistance in helping them determine the future of Rath Packing. He asked that the City meet as soon as possible, (within the next four days) since their appeal of the bankruptcy judge's decision must be made by Friday, May 10, 1985. No meeting time or date was set. Moved by Wright, seconded by Lichty that the above remarks be received and placed on file. Ayes: Seven. Motion carried. 87346 - Moved by Seeber, seconded by Penaluna that the Clerk/Auditor be instructed to set up a meeting between the City Council and Rath Employees Reorganization Committee as soon as possible. Motion carried. 87347 - Shirley Koslowski, 816 Archer, brought to the Council's attention the apparent problem with handicap parking near City Hall. She indicated that in several meetings that she has attended at City Hall including tonight's meeting the handicap areas have been unavailable for handicap parking. She suggested closer monitoring of this situation. Moved by Penaluna, seconded by Wright that the above remarks be received and placed on file. Motion carried. Nal May 6, 1985 Page Five ORAL PRESENTATIONS CONTINUED 87348 George Carroll, presented a petition signed by persons living on East Airline Highway asking that the City Council remove the truck embargo on East Donald Street. Moved by Klinger, seconded by Seeber that the above petition be received, placed on file and referred to Sign and Traffic for review and recommendation. Motion carried. 87349 A petition was presented from area residents requesting that the City investigate the noise at 57 John Street caused by goats, ducks, geese, chickens and dogs. Moved by Wright, seconded by Dawie that the above remarks be received, placed on file and referred to Health and Sanitation Department. Motion carried. 87350 - Lydia Clements representing the Waterloo Sister City Association presented a City Flag for adoption by the City Council. The flag consists of the City logo in the middle of the flag with horizontal red, blue and white stripes throughout the flag. This flag will be taken to Giesen, Germany and presented to the Sister City if adopted by the Council. Moved by Klinger, seconded by Wright that the above be received, placed on file and that the City Flag as described above be adopted as the City's official flag. Ayes: Seven. Motion carried. PETITIONS FROM PUBLIC 87351 The request of Planmark for dedication of right-of-way connecting Crossroads Blvd., and Flammang Drive was reviewed. Bob Stevenson, City Planner, indicated that the Planning, Programming and Zoning Commission on a four to two vote had approved the request for the City to accept the public right-of-way but that the requestee should comply with the minimum standards and specifications of the subdivison ordinance. The subdivision ordinance requires that streets within business or industrial areas have a minimum right-of-way of 60' and the minimum roadway width be 31' back of curb to back of curb. He also reported that the Planning, Programming and Zoning Staffs, City Engineering Staff, and Technical Committee had recommended that this right-of-way not be accepted as a public street. This recommendation of denial was based on the following concerns: 1) The proposed right-of-way and road widths are less than the minimum standards of the subdivision ordinance, 2) Abutting properties already have adequate street frontage, 3) A precedent may be established for other street dedications to be less than minimum standards and specifications, and 4) that this proposed street should not become a part of the overall street system for the City of Waterloo. Fred Debe, of Schenk Engineering speaking on behalf of Planmark, indicated that he would offer a street width of 31' if the Council so desired. May 6, 1985 Page Six PETITIONS FROM PUBLIC CONTINUED 87351 - Moved by Getty, seconded by Klinger (cont) that the request of Planmark for dedication of land for public street purposes by connecting Crossroads Blvd., and Flammang Drive be received, placed on file and "Resolution approving the future dedication of said land for public street purposes subject to the pavement being 31' back to back", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-195. UNFINISHED BUSINESS 87352 - Dennis Cunningham is the owner of the Jet Lounge, 451 W. Parker. He has made an offer to buy the lot to the east of his existing parcel. Bob Stevenson, City Planner, indicated that his office, the City Attorney's Office and the Clerk/Auditor's Office have been looking at a proposed beer garden ordinance that would address the concerns that City officials had regarding future requests for beer gardens including parking requirements, surfacing of parking areas, egress and ingress to the area, etc. Following development of a ordinance local tavern owners will be asked to review the request prior to the adoption by the City Council. Moved by Daaie, seconded by Wright that request of Jet Lounge, 451 W. Parker for a beer garden be received, placed on file and a temporary beer garden not to exceed one year with parking as shown on the attached plat and dated May 6, 1985 be received, placed on file and approved. Motion carried. 87353 - Moved by Getty, seconded by Seeber that communication from City Attorney transmitting report on parking ordinance relating to light truck ordinance be received and placed on file. Motion carried. 87354 - Moved by Getty, seconded by Dowie that communication from Health and Sanitation Department transmitting report on petition from Cedar Terrace residents regarding health and rodent problems be received, placed on file, and copy sent to the residents' attorney, Harry Zanville (see CR 87288 of April 22, 1985 for previous action). Motion carried. DOCUMENTS 87355 -Moved by Dowie, seconded by Seeber that communication from City Planner requesting authorization to proceed with right-of-way appraisal contracts for Hoff Road (IX -6587(4)--79-07), San Marnan Drive (IX -6498(1)--79-07), and W. 4th Street (IX -6587(6)--79-07) and (IX -6583(1)--79-07) with Oakridge Realtors and Builders and with Brasch, Inc. Realtors, be received, placed on file and "Resolution approving said contracts", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-196. May 6, 1985 Page Seven DOCUMENTS CONTINUED 87356 - Moved by Dowie, seconded by Seeber that communication from City Engineer transmitting Supplemental Agreement No. 1 for F.Y. 1985 Street Reconstruction Program, Contract No. 283 with Jenson Cary Shoff Consulting Engineers, Inc., for construction staking be received, placed on file and "Resolution approving said Supplemental Agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-197. 87357 - Moved by Dowie, seconded by Seeber that communication from City Engineer transmitting Amendment No. 1, Home Park Blvd. Improvements to the F.Y. 1985 Fowler Street Sanitary Sewer Improvement, Phase II, Contract No. 283 with Claassen Engineering and Surveying, Inc., be received, placed on file and "Resolution approving said Amendment", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-198. 87358 - Moved by Dowie, seconded by Seeber that communication from City Engineer transmitting Contracts, Bonds and Certificate of Insurance from Cedar Valley Corporation for the F.Y. 1985 Street Reconstruction Program, Contract No. 283, be received, placed on file, approved and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-199. 87359 - Moved by Dowie, seconded by Seeber that communication frau City Planner transmitting Amendment to Agreement 83 -F -099 -A for Ridgeway Avenue (IX -6500-(3)--79-07) for Reimbursement of Preliminary Engineering Costs with the Iowa Department of Transportation be received, placed on file, approved and "Resolution approving said Agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-200. 87360 - Moved by Dowie, seconded by Seeber that communication from Planning, Programming and Zoning Commission transmitting final plat of Crossroads Plat No. 1, together with Engineer's Certificate of Survey, Deed of Dedication, and Resolution of approval, be received, placed on file, and "Resolution approving said plat and necessary documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-201. RESOLUTIONS TO BE ADOYI'ED 87361 - Moved by Seeber, seconded by Klinger that "Resolution accepting and approving acquisition contracts for sale of real property and acceptance and approving deeds from Geraldine Stilwell for Hackett Road ByPass (Parcel M)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-202. May 6, 1985 Page Eight NEW BUSINESS 87362 - Moved by Klinger, seconded by Dowie to receive and file plats, schedules of assessments, etc., for the 1985 Oiling Program, Contract No. 286 be received, placed on file and approved. Motion carried. 87363 - Moved by Dowie, seconded by Wright that "Resolution adopting preliminary plat and schedule of assessments, etc., for F.Y. 1985 Oiling Program, Contract No. 286", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-203. 87364 - Moved by Daaie, seconded by Wright that "Resolution adopting proposed Resolution of Necessity for F.Y. 1985 Oiling Program, Contract No. 286 and setting date of hearing as May 28, 1985 at 7:00 p.m. in the City Hall Council Chambers", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-204. 87365 - Moved by Getty, seconded by Klinger that communication from Fire Chief transmitting retirement of Daniel P. Dowd and entitlement to vacation and sick pay in the amount of $16,626.76 be received, placed on file, approved, and 'Resolution approving said payment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-205. 87366 - Moved by Getty, seconded by Klinger that communication from Civil Service Commission transmitting certified list for Assistant Superintendent of Parks be received, placed on file and approved. Motion carried. 87367 -Moved by Getty, seconded by Klinger that communication from Park Director transmitting recommendation on appointment of Paul Huting to position of Assistant Superintendent of Parks be received, placed on file and approved. Motion carried. 87368 - Moved by Getty, seconded by Klinger that the following requests for travel with expenses not to exceed amounts shown, be received, placed on file and approved: Travel Requests Assistant City Attorney, Donna Lesyshen to attend A Practitioner's Guide to the Cable Communications Policy Act of 1984, Coralville, Iowa, June 11, 1985 cost not to exceed $142.30. Captain Michael Beener, to attend IACP Progressive Patrol Administration Training Program, Reno, Nevada, May 20-24, 1985, cost not to exceed $1,429.58. Training Officer, David Wickersheim, to attend Fire Department Instructor's Conference, Ames, Iowa, April 30 -May 3, 1985, cost not to exceed $150.00 plus use of City Vehicle. May 6, 1985 Page Nine NEW BUSINESS CONTINUED Travel continued Maintenance Electrician II, Rick Westphal and Ron Campbell, to attend principles of street and highway lighting design, use of the new luminance calculation method, and the new roadway reflectance tables, Ames, Iowa, May 14, 1985, cost not to exceed $105.00 plus use of City vehicle. Councilperson, Tom Penaluna, to attend Economic Development Seminars sponsored by National League of Cities, May 19-20, 1985, cost not to exceed $287.25. Motion carried. MISCELLANEOUS 87369 Moved by Dowie, 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, Dance License Application, Cigarette Permit Application, Cab Driver Applications, Fireworks Display Applications, License to erect and maintain signs, Applications for Ambulance Drivers and Taxi Cab License Applications be approved: Beer and Liquor License Permit Application Class C Ramada Hotel, 1st and Washington (old location -new owner) (Expires 6/1/86) plus Sunday sales Silver Fox, 916 W. 5th (old location -new owner) (Expires 5/6/86 plus Sunday sales Elaine Kay Geiger dba Fonzie's (old location -new owner) (Expires 5/8/86) Beer and Liquor License Permit Application Class A Amvets Home, 32 Lafayette (Renewal) (Expires 5/14/86) plus Sunday sales Beer License Permit Application Class B Godfather's Pizza, 1946 Schukei, (Renewal) (Expires 5/17/86) plus Sunday sales Beer and Wine License Permit Application Class C Happy Joe's, 918 Washington (Renewal) (Expires 5/11/86) plus Sunday sales Application for Dance License Iron Fireman Lounge, 341 Fletcher Cigarette Permit Application The Silver Fox, 916 W. 5th Street Cab Driver Applicants Susan M. Hansen Patricia K. Miner Kyle L. Hansen Michael Orton Application for Fireworks Display Crossroads Center Merchants' Association, Inc. 124 Crossroads License to Erect and Maintain Signs Mark A. Cuvelier, 542 Kern Street Application for Ambulance Driver Stephen R. Knight Jerry D. Nie G.D.A. Schultz Douglas A. Kroelle Jerry L. Blad Dennis D. Grimm Craig Gingrich Dan C. Newton Lynette Roberts Pamela Sue Schmitz May 6, 1985 Page Ten MISCELLANEOUS CONTINUED 87369 - Taxi Cab License Applications (cont) Yellow Cab 1L69H5J209112 Mini Cab A66L-706137 Yellow Cab 1L39H5J16448 Mini Cab TE28520139 Yellow Cab 1L69H5J209112 Yellow Cab 1L4546J179370 Yellow Cab 1M45R2J287197 Motion carried. BONDS 87370 - Moved by Wright, seconded by Dowie that the report of City Attorney and list of bonds filed with Clerk through May 6, 1985, be received, blacod o:, file and report and bonds approved. Motion carried, ADJOURNMENT 87371 - Moved by Dawi.e, seconded by Wright that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor