Loading...
HomeMy WebLinkAbout04/22/1985April 22, 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 April 22, 1985. Mayor Bowers in the Chair. Roll call: Klinger, Penaluna, Lichty, Getty, Seeber, Dowie, and Wright. Invocation by Klinger. 87241 - Moved by Klinger, seconded by Wright that the Agenda, as amended for the Regular Session of April 22, 1985, at 7:00 p.m., be accepted and approved. Motion carried. 87242 - Moved by Getty, seconded by Dowie that the Minutes of the Regular Session held April 15, 1985, and the Special Session of April 9 and April 11, 1985 be approved. Motion carried. HEARING AND BID 87243 - Moved by Dawie, seconded by Wright that proof of publication of notice of public hearing on plans, specifications, etc., and taking of bids for the F.Y. 1985 Street Reconstruction Program, Contract No. 283, as published in the Waterloo Courier on April 5, 1985, be received and placed on file. Motion carried. 87244 - 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 Dowie that "Resolution confirming the approval of plans, specifications, etc., for the F.Y. 1985 Street Reconstruction Program, Contract No. 283", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-151 87245 - Moved by Seeber, seconded by Penaluna that "Resolution ordering construction for the F.Y. 1985 Street Reconstruction Program, Contract No. 233", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-152. 87246 - Moved by Getty, seconded by Dowie to receive, file, instruct Clerk to open and read bids, and refer to City Engineer for review and recommendation (see CR 87273 of April 22, 1985 for award of contract). Total Base & Alternate A (Asphalt) Bidder Bid Bond Amount Aspro, Inc. 5% $814,286.47 Cedar Falls Const. Co. 5% No Bid Cedar Valley Corp., 5% No Bid Youngblut Construction Co., Inc. 5% No Bid Total Base & Alternate B (Concrete) Bidder Bid Bond Amount Aspro, Inc. 5% No Bid Cedar Falls Const. Co. 5% $838,704.15 Cedar Valley Corp. 5% $767,875.52 Youngblut Construction Co., Inc. 5% $787,536.20 Motion carried. April 22, 1985 Page Two HEARINGS CONTINUED 87247 - Moved by Wright, seconded by Penalulna that proof of publication of notice of public hearing for Issuance of Industrial Revenue Bonds for Laverne Nicol and Family in an amount not to exceed $65,000--228 E. 4th Street (former Larry's Building), as published in the Waterloo Courier on April 5, 1985, be received and placed on file. Motion carried. 87248 - 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 Dowie that "Resolution determining to proceed with the issuance of not to exceed $65,000 of Industrial Revenue Bonds for Laverne Nicol and Family", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-153. ORAL PRESENTATIONS 87249 - Councilperson Wright presented a letter from Jean Seeland, 265 Madison Avenue, regarding the serious problem of vacant houses in the Fourth Ward. Moved by Wright, seconded by Getty that the above letter be received, placed on file and referred to the Community Development Board for review. Motion carried. 87250 - Councilperson Lichty stated that she had done extensive review of the vacancies in the City's trailer parks. She stated that people are moving out of town at a rapid pace and recommended that the City begin looking at its spending priorities. Moved by Lichty, seconded by Dowie that the above remarks be received and placed on file. Motion carried. 87251 - John Bedard, 924 Mulberry Street, reported several observations concerning the intersection of Mitchell Avenue with LaPorte Road and 1-380. A particular problem has been turning movements from Mitchell onto the freeway and visa versa. Bob Stevenson, City Planner, reported that this intersection is not yet within the jurisdiction of the City of Waterloo; however, similar concerns have been expressed to the Iowa Department of Transportation. At the time the intersection is transferred to the City's jurisdiction, changes may be made. Moved by Klinger, seconded by Lichty that the above remarks be received, placed on file and referred to the Planning, Programming and Zoning Commission. Motion carried. April 22, 1985 Page Three ORAL PRESENTATIONS CONTINUED 87252 - Tom Hall suggested that the Council review its rules regarding mobile home parks. Moved by Dowie, seconded by Lichty that the above remarks be received and placed on file. Motion carried. PETITIONS FROM PUBLIC 87253 - Dr. Sam Nodarse explained to the Council the concept of establishing a World Import Mart in Black Hawk County. In order to arrive at this designation, it is necessary that the City of Waterloo became a port of entry and to create a "satellite free zone" close to the airport. He estimated that within eighteen months the City would have 1,000 American importers in the area and approximately 2,000 associated importers. A minimum of five jobs for each importer and one job for each associate importer could be created within the area. As a result approximately 5,200 jobs could be created before the end of next year. He stated that he was not asking for money from the government for this project, and that this mart would not be in competition with the World Trade Center which is being planned in Des Moines. Councilperson Seeber stated that rather than having importers sell products within the United States, he was more interested in selling American products to the World Market. Moved by Getty, seconded by Wright that the above remarks be received, placed on file and Mr. Nodarse was instructed to contact Donna Lesyshen, Assistant City Attorney, to review the details of this project. Motion carried. 87254 - Moved by Dowie, seconded by Penaluna that communication from Planning, Programming and Zoning Commission transmitting request of Schenk Engineering on behalf of Reed Cadillac and Olds to vacate, sell and convey excess right-of-way located northeast of the intersection of Hammond Avenue and East San Marnan Drive frontage road together with recommendation of approval be received, placed on file, and "Resolution setting date of hearing as May 6, 1985 at 7:00 p.m. in the City Hall Council Chambers on above described request", be adopted and Clerk/Auditor instructed to publish notice hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-154. 87255 - Moved by Dawie, seconded by Penaluna that communication from City Engineer transmitting the request of J. January Harrison for temporary concrete driveway at 300 Bismark Avenue 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 assigned No. 1985-155. 22, 1985 Page Four UNFINISHED BUSINESS 87256 - Councilperson Getty, Chairperson of the Public Works Committee, reported that the Committee had reviewed the restrictions for Spring Clean -Up Week as proposed by the Clean Community Commission and Street Department. On several attempts the committee tried to come to an agreement on placing restrictions on this item; however, after discussion the committee was unable to make any recommendation to the Council. Moved by Penaluna, seconded by none that the only restriction for Spring Clean -Up Week was that no commercial refuse or landlord cleanings be accepted. Motion died for lack of a second. Moved by Wright, seconded by Seeber that the communication from Public Works Committee on Spring Clean -Up Week be received, placed on file and that no restrictions be placed on Spring Clean -Up Week during 1985. Ayes: Seven. Motion carried. 87257 - Moved by Dawie, seconded by Getty that communication from Sign and Traffic Department transmitting recommendation on petition from residents in the 1200 block of Knoll Avenue requesting that parking be moved from the west side of the street to the east side be received, placed on file, and request denied. Motion carried. 87258 Councilperson Seeber stated that he requested that the McElroy Auditorium Lease be placed on the Council agenda so that the City could give Cattle Congress one years' notice prior to cancellation (as required by the agreement). The lease agreement runs through May, 1986. He also enumerated the total expenditures the City has made for the operation of McElroy over the past five years. Councilperson Dawie suggested that perhaps giving notice of cancellation may be premature in light of the freeway construction which may take a portion of the parking at the Cattle Congress grounds. Bob Stevenson, City Planner, stated that the Iowa Department of Transportation is currently appraising the damages to the property. Appraisals for this property may be available in approximately three weeks. John Fister, Attorney representing Cattle Congress, indicated that Cattle Congress may be willing to alter the current lease agreement with the City to allow a lesser time of notification for the City's cancellation of the lease. Moved by Seeber, seconded by Klinger that action on the lease agreement with McElroy Auditorium be tabled until May 13, 1985. Ayes: Seven. Motion carried. 87259 -Moved by Klinger, seconded by Getty that report on parking ordinance relating to light truck traffic be received, placed on file and tabled for two (2) weeks (May 6, 1985). Motion carried. April 22, 1985 Page Five REPORTS 87260 -Moved by Klinger, seconded by Seeber that Minutes of the Recreation Commission of April 10, 1985, be received and placed on file. Motion carried. DOCUMENTS 87261 - Moved by Wright, seconded by Klinger that communication from City Planner transmitting Agreement No. 85-F-030 with Iowa Department of Transportation for reimbursement of right-of-way cost for W. 4th Street from Shaulis Road to Ansborough Avenue (IX -6587(5)--79-07) together with recommendation of approval be received, placed on file 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. 1985-156. 87262 - Moved by Wright, seconded by Klinger that communication from City Planner transmitting Supplemental Agreement No. 1 from Schenk Engineering Company (Project No. IX -6641(2)--79-07) for Kimball Avenue from Ridgeway Avenue to W. 4th Street together with recommendation of approval be received, placed on file and "Resolution approving Supplemental Agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-157. 87263 - Moved by Wright, seconded by Klinger that communication from City Engineer transmitting Change Order No. 2 for FY 1985 Conway Vicinity Skywalk, Contract No. 281 for increase of $6,003.00, together with recommendation of approval be received, placed on file and approved and Mayor and Clerk/Auditor instructed to execute same. Motion carried. 87264 - Cora Turner, Affirmative Action Officer, reported that the Affirmative Action Advisory Committee together with the Personnel Department had formulated the Affirmative Action Plan, as proposed. She stated that the plan had been reviewed with City Department Heads and that page 25 dealing with the Affirmative Action Complaint Procedures will be amended to reflect the views of the City Attorney's Office regarding the function of this committee. Moved by Wright, seconded by Klinger that the communication frau the Personnel Analyst/Affirmative Action Officer transmitting the Affirmative Action Plan for the City of Waterloo be received, placed on file and "Resolution approving said document, subject to changes to page 25 as stated above", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-158. April 22, 1985 Page Six DOCUMENTS CONTINUED 87265 - Moved by Wright, seconded by Klinger that communication from City Planner transmitting Utility Agreement with Waterloo Water Works for 5th/6th Street (Project IX -6653(3)--79-07), 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-159. 87266 - Moved by Wright, seconded by Klinger that communication from City Engineer transmitting the final draft of the Environmental Assessment for San Marnan Drive Reconstruction from West 4th Street to Sheffield Avenue, Project No. IX -6498(1)--79-07, together with recommendation of approval be received, placed on file and "Resolution approving the final environmental assessment as desribed above", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-160. 87267 Moved by Wright, seconded by Klinger that caiirnnication from City Planner transmitting the design study report and requesting design approval for San Marnan Drive from W. 4th Street to Sheffield Avenue, Project No. IX -6498(1)--79-07, together with recommendation of approval be received, placed on file, and "Resolution approving said design study report", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-161. 87268 Moved by Wright, seconded by Klinger that communication from City Planner transmitting City/State Reimbursement Agreements with the Iowa Department of Transportation for Agreement No. 85-F-031, W. 4th Street from San Marnan Drive to Ansborough Avenue (IX -6587(6)--79-07); and Agreement No.85-F-032 from Shaulis Road to Hoff Road (IX -6583(1)--79-07), together with recommendation of approval be received, placed on file and "Resolution approving said agreements", be adopted and Mayor and Clerk/Auditor instructed to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-162. 87269 - Moved by Wright, seconded by Klinger that communication from Community Development Board transmitting revised Addendum to Statement of Policy, Affirmative Action Program for Minority Contracting together with recommendation of approval, be received, placed on file, and "Resolution approving said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-163. 87270 - Moved by Wright, seconded by Klinger that communication from City Engineer transmitting Recommendation of Acceptance for the F.Y. 1985 Salvaged Asphalt Crushing, Contract No. 285 be received, placed on file and 'Resolution approving said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-164. April 22, 1985 DOCUMENTS CONTINUED 87271 - Moved by Wright, seconded by Klinger that the Acceptance of Offer of Sale of Land from Larry Edler for Sale of Property in Block 41 Riverview Addition be received, placed on file and "Resolution approving said document", be adopted. Ayes: Seven. Page Seven Resolution adopted and upon approval by Mayor assigned No. 1985-165. 87272 - Moved by Wright, seconded by Klinger that communication from City Planner transmitting Utility Agreement for Wagner Road Project No. IX -6589(1)--79-07, together with recommendation of approval be received, placed on file and "Resolution approving said document", be adopted and Mayor and Clerk/Auditor instructed to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-166. RESOLUTIONS TO BE ADOYrED 87273 - Eric Thorson, City Engineer, reported that the Engineer's office had reviewed the bids for the F.Y. 1985 Street Reconstruction Program, Contract No. 283, and recommended that the law bid of Cedar Valley Construction be approved. (See CR 87246 above). Moved by Penaluna, seconded by Klinger that the above communication be received, placed on file and "Resolution awarding said contract to Cedar Valley Corporation in the amount of $767,875.42", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-167. 87274 - Moved by Dawie, seconded by Getty that "Resolution authorizing Acceptance of Work for the F.Y. 1985 Reconstruction Program, Contract No. 283", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-168 87275 - Moved by Dowie, seconded by Getty that "Resolution Ordering Preparation of Final Plat and Schedule of Assessments, for the F.Y. 1985 Paving Program, Contract No. 266", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-169. 87276 - Moved by Seeber, seconded by Klinger that Final Plat and Schedule of Assessments be received and placed on file. Motion carried. 87277 - Moved by Daaie, seconded by Getty that "Resolution adopting and levying Final Schedule of Assessments, and providing for the payment thereof for the F.Y. 1985 Paving Program, Contract No. 266", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-170. 87278 - Moved by Getty, seconded by Seeber that "Resolution fixing date of hearing as May 6, 1985, at 7:00 p.m. in the City Hall Council Chambers on proposition to issue $7,335,000 Essential Corporate Purpose Obligation Bonds", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-171. April 22, 1985 Page Eight RESOLUTIONS TO BE ADOY1ED CONTINUED 87279 - Moved by Getty, seconded by Seeber that 'Resolution fixing date of hearing as May 6, 1985, as 7:00 p.m. in the City Hall Council Chambers on proposition to issue $90,000 General Corporate Purpose General Obligation Bonds", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Resolution adopted and upon approval by Mayor assigned No. 1985-172 87280 - Moved by Getty, seconded by Seeber that "Resolution fixing date of hearing as May 6, 1985, as 7:00 p.m. in the City Hall Council Chambers on proposition to issue $75,000 General Corporate Purpose General Obligation Bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-173. 87281 - Moved by Getty, seconded by Penaluna that "Resolution authorizing the Mayor to execute permit for work to be performed in connection with the Blowers Creek Flood Control Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-174. 87282 - Moved by Dawie, seconded by Seeber thet "Resolution transferring from the Airport General Fund the sum of $7,520.50 to the Debt Service Fund", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-175. 87283 - Moved by Davie, seconded by Seeber that "Resolution transferring from the Federal Revenue Sharing Fund in the sum of $165,830.00 to the General Fund", be adopted. Ayes: Seven Resolution adopted and upon approval by Mayor assigned No. 1985-176. 87284 - Moved by Dowie, seconded by Seeber that "Resolution transferring from the Sewer Rental Fund in the sum of $342,325.50 to the Debt Service", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-177. 87285 - Moved by Getty, seconded by Klinger that "Resolution approving restrictions on beer gardens for Fourth Street Cruise (May 25, 1985)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-178. April 22, 1985 ORDINANCES TO BE ADOPTED imaN !age Nine 87286 - Harry Zanville, Attorney representing the citizens residing in the area of the rezoning from "A-1" & "C-2" to "M-1" Light Industrial District near Cedar Terrace Drive, urged the Council's denial of this request. He stated that the Council could take one of two actions at tonight's meeting: either allow both sides to negotiate a compromise or deny the third reading of the ordinance. He stated that to date Bertch Cabinet has not committed to expanding their business if granted the rezoning. He urged that someone step forward to make this clear. John Fister, Attorney representing the applicant, Youngblut Construction Company, again spoke in favor of the request. Gary Bertch indicated that if the zoning was granted, Bertch Cabinets would expand their current operations. Maureen Kraus, a resident in the affected area, urged the Council's denial of this request. Moved. by Getty, seconded by Wright that "Ordinance amending Ordinance No. 2479, as amended, by adding Subsection No. 213 to Section 2A-5, Rezoning Certain Property. (Youngblut Rezoning "A-1" & "C-2" - "M-1" Light Industrial District), be received, filed, considered and passed for the third time. Ayes: Seven. Motion carried. 87287 - Moved by Seeber, seconded by Wright that "Ordinance amending Ordinances No. 2479, as amended, by adding Subsection No. 213 to Section 2A-5, Rezoning Certain Property. (Youngblut Rezoning "A-1" & "C-2" - "M-1" Light Industrial District), be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3386. 87288 - Councilperson Klinger asked that the problem eluded to regarding rodents in the area of the Bertch Cabinet area and Cedar Terrace Drive area be referred to the Health and Sanitation Department for review. Moved by Klinger, seconded by Wright that the above comments be received, placed on file and referred to Health and Sanitation. Motion carried. 87289 - Moved by Getty, seconded by Wright that "Ordinance vacating a portion of Brookpark Road --Cedar Crest Addition", be received, placed on file, considered and passed for the third time. Ayes: Seven. Motion carried. 87290 - Moved by Getty, seconded by Seeber that "Ordinance vacating a portion of Brookpark Road -- Cedar Crest Addition", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3387. 87291 - Moved by Klinger, seconded by Lichty that "Ordinance vacating a 10' easement along east 10' Tracts E, F, and G, Cedar Crest Addition", be received, placed on file, considered and passed for the third time. Ayes: Seven. Motion carried. 87292 - Moved by Seeber, seconded by Penaluna that "Ordinance vacating 10' easement along east 10' Tracts E, F, and G, Cedar Crest Addition", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3388. April 22, 1985 Page Ten BITS PAYMENT 87293 - Moved by Dawie, seconded by Klinger that "Bills, Resolution Schedule A copies of which are available in the Office of the Clerk/Auditor", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-179. 87294 - Moved by Klinger, seconded by Dowie that "Resolution approving the following statements for amounts shown together with recommendation of approval: Ansborough Avenue (San Marnan Drive to University Avenue) Project No. IX -6615(1)--79-07 Statement from Brice, Petrides and Assoc., Inc., in the amount of $7,928.28. San Marnan Drive (from W. 4th Street to Sheffield Avenue) Project No. IX -6498(1)--79-07 Statement from Brice, Petrides and Assoc., Inc., in the amount of $12,116.55. Shaulis Road (Iowa 21 to U.S. 63) Project No. IX -6470(3)--79-07 Statement from Wayne Claassen Engineering in the amount of $18,204.23. Salvaged Asphalt Crushing - Contract No. 285 Statement from Twin City Testing and Engineering Lab., Inc., in the amount of $60.00. F.Y. 1985 Falls Avenue Trunk Sewer Intercity Interceptor Stage III, Contract No. 254 Statement from Twin City Testing & Engineering Lab., Inc., in the amount of $84.00", be adopted. Ayes: Six. Nays: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1985-180. 87295 - Moved by Klinger, seconded by Dowie that "Resolution approving the following pay estimates for amounts shown together with recommendation of approval: F.Y. 1985 East Park Avenue Area Improvements, Contract No. 263 Pay estimate No. 5 from Brice, Petrides and Assoc., in the amount of $10,232.87. F. Y. 1985 Falls Avenue Trunk Sewer, .Intercity Interceptor, Stage 111 Pay estimate No. 2 from Brice, Petrides and Assoc., Inc., in the amount of $18,744.66. East Park Avenue Improvements, City Contract No. 263 Pay estimate No. 9 from Cedar Valley Corporation in the amount of $29,611.02. West 4th Street (Ansborough Ave. to W. Shaulis Road) Project No. IX -6578(1)--79-07 Pay estimate No. 11 from Wayne Claassen Engineering in the amount of $22,879.45. F. Y. 1985 Falls Avenue Trunk Sewer Intercity Interceptor Stage III, Contract No. 254. Pay estimate No. 2 from McAninch Corporation in the amount of $217,921.64. Kimball Avenue (EACIX) (Ridgeway Avenue to West Fourth Street) Project No. IX -6641(2)--79-07 Pay estimate No. 5 from Schenk Engineering Company in the amount of $10,653.53", be adopted. Ayes: Six. Nays: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1985-181. April 22, 1985 Page Eleven NEW BUSINESS 87296 - Moved by Klinger, seconded by Dowie that the communication from Waterloo Water Works transmitting statement an repair to the following address: 600 Independence Avenue, together with recommendation to certify unpaid amount to the County Treasurer be received, placed on file and "Resolution approving said certification", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-182. 87297 - Mayor Bowers thanked Bill Hoffman for his fine service to the City. Moved by Getty, seconded by Lichty that communication from Health and Sanitation transmitting retirement of William Hoffman and entitlement to vacation and sick pay in the amount of $20,399.68 be received, placed on file, approved, and "Resolution approving said payment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-183. 87298 - Moved by Dowie, seconded by Getty that communication from Police Department transmitting resignation of Steven Bartell and entitlement to vacation and sick pay in the amount of $3,446.56 be received, placed on file, approved, and 'Resolution approving said payment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-184. 87299 - Mbved by Seeber, seconded by Klinger that communication from Fire Department transmitting the promotion of three (3) Lieutenants to Captain, (Gary Smith, William Grimm, and Gary Carter) to Hazardous Materials Officer and promotion of Thomas Westemeier to Lieutenant, be received and placed on file, and approved. Motion carried. 87300 - Moved by Wright, 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 Mayor, Del Bowers; Don Temeyer, Planning and Development Director; and Larry P. Burger, City Clerk/Auditor to meet with Moody's Rating Service on City's upcoming General Obligation Bond Sale, New York City, May 1 and 2, 1985, with cost not to exceed $478.00 each. Senior Civil Engineer, Dennis Gentz, and Heating Inspector, Jim Boesen, to attend Iowa Energy Policy Council Community Energy Conference, Des Moines, May 9 and 10, 1985, cost not to exceed $135.00 each plus use of City vehicle. Community Development Administrator, James Lindsey, to attend Water Resources Congress 1985 Annual Meeting, Washington, D.C., May 13-15, 1985, cost not to exceed $1,055.00. Identification Officer, Duane Foutch, to attend Spring Educational Conference, Iowa Division of the International Association for Identification, Des Moines, May 2-3, 1985, cost not to exceed $122.00 plus use of City vehicle. Motion carried. April 22, 1985 Page Twelve MISCELLANEOUS 87301 - 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 Dance Permit Application be received, placed on file and approved: Beer and Liquor License Permit Application Class C Cajun Country, 1607 Sycamore, (Renewal) (Expires 4/30/86) Beer License Permit Application Class B Black Hawk Tennis Club, 1010 Black Hawk Road, (New) (Expires 11/1/85) plus Sunday sales Beer and Liquor License Permit Application Class A El Mecca Shrine Club, 716 Commercial, (Renewal) (Expires 5/22/86) plus Sunday sales Application for Dance License National Cattle Congress, Inc., 310 Conger Cajun Country, 1607 Sycamore Motion carried. BONDS 87302 - Moved by Penaluna, seconded by Dowie that the report of City Attorney and list of bonds filed with Clerk through April 22, 1985, be received, placed on file and report and bonds approved. Motion carried. 87303 - Jerry Burns, of G.N.B. Investment Bankers spoke to the Council on behalf of the Reorganization Committee of the Rath Packing Company. Mr. Burns the various parts of the Plan regarding the financial package and number of employees that would be put back to work. Burns stated that part of the Plan included the Columbus Junction Slaughtering House and the financing for that would be obtained through a $10,000,000 grant frau the Department of Agriculture. Discussions followed regarding various sections of the reorganization plan presented by Mr. Burns. Burns continued that the interum financing for the reopening of Rath Packing Company would carried by Foothills Capital Corp., of Brentwood, Mo. This would be a $8,000,000 loan at 6% over prime rate. Burns stated that he would ask that the City of Waterloo to subordinate their position in the Rath Packing and that he would place other securities in place of the interest of the Rath Packing Company. Moved by Getty, seconded by Wright that the Council meet in Executive Session to discuss the Reorganization Plan and the proposal for the City of Waterloo to Subordinate their interest. W. David Tyler, City Attorney, stated that the Council could meet in Executive Session regarding the Reorganization Plan of the Rath Packing Company based on the Iowa Code and the City's involvement in potential litigation of the City and Rath Packing Company. April 22, 1985 Page Thirteen The vote on the Executive Session was Ayes: Seven. Motion carried. EXECUTIVE SESSION 87304 - Moved by Dowie, seconded by Wright to adjourn the Executive Session. Motion carried. 87305 - Moved by Getty, seconded by Seeber that the City of Waterloo will entertain a proposal to subordinate their financial position in the Rath Packing Company based on a satisfactory agreement between the City of Waterloo, ERC, and G.N.B. Investment Bankers. This action demonstrates our interest in the Reorganization of the Rath Packing Company but, in no way should be considered a committment on behalf of the City of Waterloo. Ayes: Six. Nays: Lichty. Motion carried. 87306 - Moved by Getty, seconded by Seeber that the Council meet in Executive Session to discuss the possible litigation on the Waterloo Black Hawks claim against the McElroy Auditorium. Ayes: Getty, Lichty, Seeber, Wright. Nays: Klinger, Penaluna, Dowie. Motion carried. EXECUTIVE SESSION 87307 - Moved by Wright, seconded by Getty that the Council adjourn the Executive Session. Motion carried. 87308 - Moved by Getty, seconded by Lichty to authorize the City Legal Department to pursue claims against the National Dairy Cattle Congress. Ayes: Six. Nays: Penaluna. Motion carried. 87309 - Moved by Getty, seconded by Lichty that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor