HomeMy WebLinkAbout01/28/1985January 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 January
28, 1985. Mayor Bowers in the Chair. Roll call: Getty, Lichty,
Penaluna, Klinger, Wright, Dowie, Seeber.
Invocation by Seeber.
86884 - Moved by Dawie, seconded by Getty
that the Agenda, as amended for the Regular Session of January 28,
1985, at 7:00 p.m., be accepted and approved.
Motion carried.
86885 - Moved by Klinger, seconded by Lichty
that the Minutes, as amended, of the Regular Session held January 21,
1985, at 7:00 p.m., be approved.
Motion carried.
ORAL PRESENTATIONS
The Mayor called for oral presentations and there were none.
PETITIONS FROM PUBLIC
86886 - Rev. Stufflebeam reported that the Maywood Wesleyan Church was
willing to pave the existing parking lot by October 31, 1985.
Moved by Getty, seconded by Klinger
that communication from Planning, Programming and Zoning Commission
transmitting Special Permit request of Maywood Wesleyan Church, 607
Bishop for construction of addition together with recommendation of
approval, be received, placed on file, and "Resolution approving said
special permit", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1985-30.
86887 - Moved by Penaluna, seconded by Klinger
that communication from City Planner transmitting Developer Proposal
Kit for redevelopment of an area between the Cedar River and the West
Side Parking Ramp and along W. 4th Street, together with
recommendation of approval, be received, placed on file, and
"Resolution setting date of hearing and receipt of proposals as Mardi
4, 1985, at 7:00 p.m., in the City Hall Council Chambers on the above
described proposal", be adopted and Clerk/Auditor instructed to
publish notice of public hearing accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1985-31.
86888 - Don Temeyer, Planning and Development Director, reported that the
application for industrial property tax exemption must be received by
the City Assessor by February 1, 1985. The Council is not required
to review the application, but past practice has been for prior
Council review.
Moved by Penaluna, seconded by Klinger
that communication from Planning, Programming and Zoning Commission
transmitting the request of Lockard Partnership, 1110 Peters Drive,
for industrial property tax exemption at said location as authorized
by Ordinance No. 3136 adopted by the City of Waterloo on April 13,
1981, together with recommendation of approval be received, placed on
file, and "Resolution approving said exemption", be adopted and
Clerk/Auditor instructed to notify the City Assessor accordingly.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1985-32.
January 28, 1985 Page Two
DOCUMENTS
86889 - Moved by Dowie, seconded by Getty
that communication from City Planner transmitting Consulting Rankings
for Construction Engineering for Wagner Road, Project No.
IX -6589(1)--79-07, together with recommendation of approval be
received, placed on file, approved and "Resolution approving said
documents", be adopted and Mayor and Clerk/Auditor instructed to
execute same. Ayes: Six. Nays: Lichty.
Resolution adopted and upon approval by Mayor assigned No. 1985-33.
86890 Moved by Dowie, seconded by Getty
that communication from City Engineer transmitting Contracts for
Consultant Engineering Services with Brice, Petrides and Assoc.,
Inc., for the Ansborough Avenue Project No. IX -6615(2)--79-07
together with recommendation of approval be received, placed on file,
approved and "Resolution approving said documents", be adopted and
Mayor and Clerk/Auditor instructed to execute same. Ayes: Six.
Nays: Lichty.
Resolution adopted and upon approval by Mayor assigned No. 1985-34.
86891 - Moved by Dawie, seconded by Getty
that communication from City Engineer transmitting Contracts for
Consultant Engineering Services with Brice, Petrides and Assoc.,
Inc., for the Falls Avenue, Project No. IX -6570(1)--79-07 together
with recommendation of approval be received, placed on file,
approved and "Resolution approving said documents", be adopted and
Mayor and Clerk/Auditor instructed to execute same. Ayes: Six.
Nays: Lichty.
Resolution adopted and upon approval by Mayor assigned No. 1985-35.
86892 - Moved by Dowie, seconded by Getty
that communication frau Community Development Administrator
transmitting permanent easements from H.G. Simmons for the F.Y. 1985
Lafayette Street Sanitary Sewer Extension, Phase II, Contract No. 259
(Parcel 2) be received, placed on file, approved and "Resolution
approving said document", be adopted. Ayes: Seven. Nays: Lichty.
Resolution adopted and upon approval by Mayor assigned No. 1985-36.
86893 - Moved by Dowie, seconded by Getty
that communication from Community Development Administrator
transmitting permanent easements from Ruth and Harold Messingham for
the F.Y. 1985 Tafayette Street Sanitary Sewer Extension, Phase II,
Contract No. 259 (Parcel 3) be received, placed on file, approved and
"Resolution approving said document", be adopted. Ayes: Six. Nays.
Lichty.
Resolution adopted and upon approval by Mayor assigned No. 1985-37.
January 28, 1985
DOCUMENTS CONTINUED
Page Three
86894 - Moved by Davie, seconded by Getty
that communication from Transportation Program Manager transmitting
Agreement with the Iowa Department of Transportation for
reimbursement of acquisition of Right -of -Way along Wagner Road
Project No. IX -6589(1)--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: Six. Nays: Lichty.
Resolution adopted and upon approval by Mayor assigned No. 1985-38.
86895 - Moved by Dowie, seconded by Getty
that communication from City Engineer transmitting Change Order No. 6
for F.Y. 1985 200 Block Baltimore Sanitary Sewer Replacement,
Contract No. 265 for increase of $3,848.17, together with
recommendation of approval be received, placed on file and approved
and Mayor and Clerk/Auditor instructed to execute same.
Motion carried.
RESOLUTIONS TO BE ADOPTED
86896 - Moved by Klinger, seconded by Penaluna
that "Resolution adopting and levying final assessments for the East
Park Avenue Parking Facility, Contract No. 251", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1985-39.
ORDINANCES TO BE ADOPTED
86897 - Moved by Getty, seconded by Klinger
that "Ordinance increasing residential garbage fees from $4.80 to
$5.80 per month", be received, placed on file, passed and considered
for the third time. Ayes: Seven.
Motion carried.
86898 - Moved by Getty, seconded by Dowie
that "Ordinance increasing residential garbage fees from $4.80 to
$5.80 per month", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3381.
86899 - Randy Pilkington, Director of Waterloo Redevelopment Authority,
reported that petitions have been received in support of the
voluntary assessment representing 71% of the property owners and 85%
of the property value.
Moved by Davie, seconded by Klinger
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.
Adoption of Ordinance will be February 25, 1985.
January 28, 1985 Page Four
BILLS PAYMENT
86900 - Moved by Dowie, seconded by Wright
that "Bills, Resolution Schedule A", be adopted. Ayes: Six. Nays:
Lichty.
Resolution adopted and upon approval by Mayor assigned No. 1985-40.
86901 - Moved by Klinger, seconded by Seeber
that "Resolution approving the following pay estimates for amounts
shown together with recommendation of approval:
F.Y. 1984 Maywood Area Paving, Contract No. 256
Final Pay estimate to Brice, Petrides and Assoc., Inc., in an amount
of $17,321.40.
F.Y. 1983 Highway 63 Pumping Station, Contract No. 248
Final Pay estimate to Brice, Petrides and Assoc., Inc., in an amount
of $16,856.67.
West Fourth Street (Ansborough Avenue to W. Shaulis Road)
Project No. IX -6587(1)--79-07
Pay estimate No. 9 to Wayne Claassen Engineering & Surveying in an
amount of $11,698.37.
Shaulis Road (Iowa 21 to U.S. 63) Project No. IX -6470(3)--79-07
Pay estimate No. 9 to Wayne Claassen Engineering & Surveying in an
amount of $6,343.79.
F.Y. 1984 Lowder
Contract No. 262
Pay estimate No.
$6,544.84.
Road Area Sanitary Sewer Project, Phase II,
4 to RWF Construction Company in an amount of
Kimball Avenue (EACIX) Ridgeway Avenue West 4th Street)
Project No. IX -6641(2)--79-07
Pay estimate No. 2 to Schenk Engineering Company in an amount of
$5,944.56", be adopted. Ayes: Six. Nays: Lichty.
Resolution adopted and upon approval by Mayor assigned No. 1985-41.
86902 - Moved by Klinger, seconded by Seeber
that "Resolution approving the following statement for amount
shown together with recommendation of approval:
Conway Vicinity Skywalk, Contract No. 281
Statement from Cardinal Construction, Inc., in the amount of
$3,961.00", be adopted. Ayes: Six. Nays: Lichty.
Resolution adopted and upon approval by Mayor assigned No. 1985-42.
NEW BUSINESS
86903 - Moved by Getty, seconded by Seeber
that communication from Mayor Del Bowers recommending the appointment
to the Commission on Human Rights of Edyce Waters, with term
expiring January 1, 1988, and the reappointments of Dr. Robert
Ross, with term expiring January 1, 1988, and Nancy Zimmerman with
term expiring January 1, 1986, be received, placed on file, and
approved.
Motion carried.
January 28, 1985 Page Five
NEW BUSINESS CONTINUED
86904 - Moved by Getty, seconded by Seeber
that communication from the Civil Service Commission transmitting
the Certification List for position of Real Estate
Acquisition/Rehabilitation Specialist be received, placed on file and
approved.
Motion carried.
MISCELLANEOUS
86905 - 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
Cigarette Permit Application be received, placed on file and
approved:
Beer and Liquor License Permit Application plus Sunday sales
Class C
The Jet, 451 W. Parker, (old location -new owner) (Expires
2/1/86)
Glenn's Packer's Inn, 201 Rath, (Renewal) (Expires 2/12/86)
Cigarette Permit Application
Metro Fuel, Inc., W. 4th and Ansborough Avenue
Motion carried.
BONDS
86906 - Moved by Penaluna, seconded by Klinger
that the report of City Attorney and list of bonds filed with
Clerk/Auditor through January 28, 1985, be received, placed on file
and report and bonds approved.
Motion carried.
86907 - W. David Tyler, City Attorney reported that the purpose for Executive
Session was authorized by Iowa Code Section 28A.5(c).
Moved by Seeber, seconded by Wright
that the Council meet in Executive Session. Ayes: Seven.
Motion carried.
EXECUTIVE SESSION
86908 - Moved by Getty, seconded by Wright
that the Executive Session adjourn.
Motion carried.
86909 - The Mayor asked W. David Tyler, City Attorney, to read the
proposed Resolution regarding the authorization for the Mayor to
enter into a guarantee Agreement for a loan to secure the Rath
Packing Company Trademark and Patents.
January 28, 1985 Page Six
City Attorney, W. David Tyler, read the proposed resolution to the
Council.
86909 - Moved by Getty, seconded by Dowie
(cont)
that the "Resolution authorizing the Mayor to enter into a guarantee
Agreement for a loan to secure the Rath Packing Company Trademark
and Patents subject to the satisfactory negotiation of terms thereof
as read by City Attorney, W. David Tyler", be adopted.
Prior to the vote the Mayor asked for discussion.
A representative of the Rath Employee's Reorganization Committee
stated that his Committee has not fallen by the wayside but
continues to be very active in a proposed plan for reorganization of
the Rath Packing Company. He continued that a meeting was scheduled
to be held on Tuesday, January 29, 1985, 7:00 p.m, at East High
School, and invited the Mayor and Council and all interested citizens
of the community to attend.
Mr. Tyler stated that the proposed resolution places the City of
Waterloo in a neutral position regarding the trademark and patents
for the Rath Packing Company.
Robert Fulton, Chairperson of the Board of Directors of the Rath
Packing Company, stated that if the Resolution were passed regarding
the trademark and patents of the Rath Packing Company, that a lien
would be placed on the trademark and patents of the Rath Packing
Company, but title to said trademark and liens would be retained by
the Rath Packing Company.
Fulton continued that it would be a possibility to place members of
the guaranteeing agencies on the Board of Directors to safe guard
their interests.
Lyle Taylor, President of Rath Packing Company, stated that the
present balance awed to Security Pacific is 1.4 million dollars.
Taylor continued, that all the company is trying to do is to keep the
trademark and patents in the community. He also stated that he would
present the bankruptcy courts the most viable reorganization plan
submitted to him, that would put the most employees back to work.
Robert Fulton asked the Council to change the proposed Resolution to
read that the lien would be placed on the trademark and patents and
that Rath Packing Company would retain the title.
Merle Thompson, member of the Rath Employees Reorganization
Committee, of the Rath Packing Company, stated that he was encouraged
by Lyle Taylor's comments regarding a reorganization plan. He
continued that his committee would not oppose any reorganization plan
that would save jobs. He asked that the Mayor and Council meet with
the reorganization committee at a future date to review their
reorganizational plans.
Moved by Penaluna, seconded by Dowie
that proposed Resolution be amended by deleting all wording appearing
after the words "and subject finally" and inserting in lieu thereof
the following:
"and, finally, subject to the assignment and receipt of a
proportionate first lien on the trademark and patents of the Rath
Packing Company."
Motion carried.
The Mayor then called for a vote on the Resolution as noved by Getty,
seconded by Dowie, as just amended. Ayes: Klinger, Penaluna, Lichty,
Getty, Dowie and Wright. Nays: Seeber.
January 28, 1985 Page Seven
After further discussion on the City's neutral position regarding
this Resolution and the apparent support of both the Rath Packing
Company and the Rath Employee's Reorganization Committee, Seeber
asked to change his vote to Aye.
The Mayor declared the Resolution adopted.
Resolution adopted and upon approval by Mayor assigned No. 1985-43.
86910 - Moved by Dowie, seconded by Wright
that the Council adjourn.
Motion carried.
Larry P. Burger
City Clerk/Auditor