HomeMy WebLinkAbout04/06/92April 6, 1992
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 6, 1992. Mayor Albert C. Manning, Jr. in
the Chair. Roll Call: Fox, Angel, Wright, Budak, Brown. Absent: Dell, Buck.
An Invocation was given.
The Pledge of Allegiance was recited.
The Mayor read a proclamation declaring the month of April 1992 as "Child Abuse Prevention
Month."
The Mayor read a proclamation declaring the month of May 1992 as "Motorcycle Awareness
Month."
99085 - Moved by Angel, seconded by Fox
that the Agenda, as amended, for the Regular Session on Monday, April 6, 1992, at
7:00 p.m., and the Minutes of the Regular Session on Monday, March 23, 1992, at
7:00 p.m. and the Minutes of the Special Session on Monday, March 30, 1992, at 5:00
p.m., be accepted and approved. Motion carried.
HEARINGS
99086 - Moved by Budak, seconded by Wright
that proof of publication of notice of public hearing on site plan request of
Crossroads Hy -Vee to be generally located opposite County Market on Flammang Drive,
as published in the Waterloo Courier on March 27, 1992, be received and placed on
file. Motion carried.
99087 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and oral comments and there were none.
Bob Stevenson, City Planner, asked action on the site plan be delayed to allow time
to review the traffic analysis and storm drainage plans for the immediate area.
Moved by Brown, seconded by Wright
that the hearing be closed and said site plan request be tabled. Ayes: Five.
Absent: Dell, Buck. Motion carried.
99088 - Moved by Wright, seconded by Budak
that proof of publication of notice of public hearing on sale and conveyance of
property located at 121-121 1/2 Quincy Street to Wallace Stokes for $11,500.00, as
published in the Waterloo Courier on March 27, 1992, be received and placed on
file. Motion carried.
99089 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and oral comments and there were none.
Moved by Fox, seconded by Angel
that the hearing be closed. Motion carried.
99090 - Moved by Fox, seconded by Angel
that "Resolution authorizing sale and conveyance of property located at 121-121 1/2
Quincy Street to Wallace Stokes for $11,500.00", be adopted and City Attorney
instructed to prepare and deliver a deed accordingly. Ayes: Five. Absent: Dell.
Buck.
Resolution adopted and upon approval by Mayor assigned No. 1992-144.
99091 - Moved by Angel, seconded by Wright
that proof of publication of notice of public hearing on sale and conveyance of
property generally located at the northwest corner of University Avenue and
Greenhill Road to Y.M.C.A. of Black Hawk County for $5,000, as published in the
Waterloo Courier on March 23, 1992, be received and placed on file. Motion
carried.
April 6, 1992 Page 2
Hearings - continued
99092 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and oral objections.
Bob Stevenson, City Planner, stated that this was excess right-of-way and is
adjacent to property owned by the Y.M.C.A. of Black Hawk County. The property was
appraised for $8,000. It was the recommendation of the Planning and Zoning staff
that the offer of $5,000 be accepted, since no other party would be interested in
said property.
Moved by Budak, seconded by Brown
that the above oral comments be received and placed on file and the hearing be
closed. Motion carried.
99093 - Moved by Wright, seconded by Budak
that "Resolution authorizing sale and conveyance of property located at the
northwest corner of University Avenue and Greenhill Road to Y.M.C.A. of Black Hawk
County for $5,000.00", be adopted and City Attorney instructed to prepare and
deliver a deed accordingly. Ayes: Five. Absent: Dell, Buck.
Resolution adopted and upon approval by Mayor assigned No. 1992-145.
99094 - Moved by Fox, seconded by Brown
that proof of publication of notice of public hearing on request of Dick Klingaman
to rezone from "A-1" Agricultural District to "M-1" Light Industrial District
property generally located between U.S. 63 and Eldora Road, south of the Williams
Brothers Pipeline Co. to develop a portion of the property for an auto and heavy
equipment auction facility, as published in the Waterloo Courier on March 23, 1992,
be received and placed on file. Motion carried.
99095 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and oral objections.
Bob Stevenson, City Planner, stated that the Planning, Programming and Zoning
Commission had recommended approval, subject to the following conditions: Prior
to any specific development being proposed, a satisfactory sanitary sewer and storm
drainage plan must be approved by the City Engineer, and that no portion of the
property would be used for a race track of any kind without first obtaining a
special permit under the provision of the Zoning Ordinance. Mr. Stevenson also
reported that staff made two additional recommendations that they urged the City
Council strongly consider. They are: 1) No access onto Eldora Road from the site,
and 2) That a 100 foot wide landscape buffer area paralleling Eldora Road be
required.
Dick Young, a 76 year resident of the community and former member of the Planning,
Programming and Zoning Commission, opposed the rezoning as it would hinder growth
in the Waterloo and Hudson areas due to excessive noise. As an adjacent property
owner, he and others wish to develop adjacent property as resident district which
would not be compatible with the proposed use. In response to Mr. Young's
question, staff clarified that Mr. Klingaman has only asked that the property be
rezoned to accommodate an auto and heavy equipment auction facility and that
parking for a race track in Hudson was not a part of the request. It was noted
that a special permit would be required for any extension of the race track into
the proposed area. It was also noted that the rezoning could be approved exempting
certain types of uses.
Ed Pullin, a resident of Hudson and owner of property adjacent to the request,
stated that he was against the proposed use and alluded to the problems the City
of Hudson has had with his request for a race track.
Tim Luce, attorney representing Dick Young, sought answers to two questions,
including whether hard surfacing would be required for the parking lot and whether
the request would allow a race track. Mr. Stevenson stated that the parking lot
would need to be hard surfaced for the auction area and the drainage plan approved
by the City Engineer. It was noted that any use related to the race track,
including parking, would need to go to the Planning, Programming and Zoning
Commission and forwarded to the Board of Adjustment for final adjudication.
Hearings - continued
April 6, 1992 Page 3
Dick Klingaman, applicant, stated that he had identified two needs within the
community, including a race track and a car auction facility for vintage autos.
Mr. Klingaman leases the property and desires access to Eldora Road. He noted that
the adjacent properties would be difficult to develop as residential with the
underground pipelines and restrictions on excavations. He stated that although the
100 foot buffer would be difficult to develop, he favors an aesthetically pleasing
race track. He stated that a 25 foot setback would be more reasonable. Mr.
Klingaman apologized for any traffic he may bring to the Waterloo area because of
the proposed development. Mr. Stevenson noted that Eldora Road needs considerable
reconstruction and its narrowness will inhibit large equipment.
Forest Dillavou, 1725 Huntington Road, stated that he has attended many auctions
which in many cases draw many attenders resulting in considerable adjacent
commercial development.
Councilperson Fox stated that the Council has expressed a desire to extend the
requirements of the Gateway Ordinance beyond the U.S. Highway 218 Corridor. He
asked whether the 63 Corridor and this property could be more aesthetically
pleasing if the ordinance were enforced along this major thoroughfare. Mr.
Stevenson commented that a citizens' committee is currently working on landscaping
requirements that may be retroactive back to vacant land but not to undeveloped
land along major corridors such as U.S. Highway 63. Mr. Klingaman stated that he
was willing to meet appropriate landscaping requirements.
Moved by Budak, seconded by Wright
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission and written and oral comments be received and
placed on file. Motion carried.
99096 - Moved by Brown, seconded by Fox
that the request of Dick Klingaman to rezone from "A-1" Agricultural District to
"M-1" Light Industrial District property generally located between U.S. 63 and
Eldora Road, south of the William Brothers Pipeline Co. to develop a portion of the
property for an auto and heavy equipment auction facility be tabled for one week.
Ayes: Five. Absent: Dell, Buck. Motion carried.
99097 - Moved by Angel, seconded by Wright
that proof of publication of notice
to rezone from "C-1" Commercial
property generally located on the
Bishop Avenue for use as an outdoor
the Waterloo Courier on March 23,
carried.
of public hearing on request of Thomas Biemann
District to "M-1" Light Industrial District
southeast corner of Independence Avenue and
tire storage and salvage area, as published in
1992, be received and placed on file. Motion
99098 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and oral objections
Bob Stevenson, City Planner, noted that it would take five votes of the Council to
override the recommendation of denial of the Planning, Programming and Zoning
Commission.
Thomas Biemann, applicant and residing at 807 Creston Avenue, stated that he
intends to use the area only for used tires and not as an auto salvage location.
With the proposed Sixth Street Extension, he was looking to the future and trying
to comply with the ordinances. He stated that he stores approximately 5,000 tires
on the site. He also indicated a willingness to move across the street to an "M-1"
Light Industrial District.
Councilperson Wright stated that she had received numerous complaints concerning
the large number of tires at this location. Bob Stevenson, City Planner, noted
that the property is incorrectly zoned and the rezoning would allow Biemann to
obtain approval for a salvage yard for tires.
Judy Siler, 2341 Independence Avenue, stated that she opposed the proposed rezoning
and indicated that it is a nuisance to the neighborhood. She also stated that Mr.
Biemann had recently moved the tires.
April 6, 1992 Page 4
Hearings - continued
Lucy Etringer, 2375 Independence, stated that she was opposed to the rezoning
request. She also commented about the messy surroundings and the junk that
accumulates at the location.
Steve Glaspie, 2272 Independence Avenue, spoke against the request and questioned
Mr. Biemann on the ownership of adjacent property. Mr. Biemann's property was
identified as being north of the proposed request and zoned "M-1" Light Industrial
District and "C-1" Commercial District.
Betty Meather, 2330 Independence Avenue, spoke against the rezoning request and
asked the Council to deny it.
Moved by Brown, seconded by Wright
that the hearing be closed and the recommendation of denial of the Planning,
Programming and Zoning Commission, petitions in favor and opposing said request and
written and oral comments be received and placed on file. Motion carried.
99099 - Moved by Fox, seconded by Angel
that the request of Thomas Biemann to rezone from "C-1" Commercial District to "M-
1" Light Industrial District property generally located on the southeast corner of
Independence Avenue and Bishop Avenue for use as an outdoor tire storage and
salvage yard be denied. Ayes: Five. Absent: Dell, Buck. Motion carried.
99100 - Moved by Budak, seconded by Brown
that proof of publication of notice of public hearing on amendments to Zoning
Ordinance No. 2479, as amended, as it pertains to auto salvage yards and junk
yards, as published in the Waterloo Courier on March 23, 1992, be received and
placed on file. Motion carried.
99101 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and oral objections.
Bob Stevenson, City Planner, stated that the proposed ordinance changes have been
done in conjunction and cooperation with a committee consisting of city staff and
various auto and salvage yard operators. Bob Donels, Assistant City Planner,
stated that the amendments re -define junk and auto salvage yards as recycling
yards. As a special permit, each recycling yard must meet the following minimum
requirements: Each must be surrounded with a fence or wall at least 8 feet in
uniform height and color, no off -premise advertising on any wall or fence, post,
railings and other supporting elements of the fence shall face inside the yard,
vehicle bodies stacked higher than the wall or fence shall be no higher than two
car bodies above the wall when stacked at least 15 feet from the fence. All other
stacked salvage material cannot be higher than the allowable building height within
the zoning district, all work must be performed within the fenced area,
contaminating fluids are prohibited from being discharged onto the ground, and all
areas devoted to customer and/or employee parking must be hard surfaced, on private
property, that no salvage materials be placed in the floodway, that new yards
established after the adoption of this ordinance place the required solid wall or
fence no closer to any street, lot line and the minimum front yard required within
the district it is located.
Mel Smelser, 2235 Temple Avenue, objected to allowing piles that could be as high
as 48 feet. He asked for the Council's reconsideration of this requirement. It
was noted by City staff that fences are required even though piles may be higher
than the fence for containment purposes.
Moved by Brown, seconded by Angel
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission and written and oral comments be received and
placed on file. Motion carried.
99102 - Moved by Wright, seconded by Budak
that "an Ordinance amending the Zoning Ordinance, No. 2479, as amended, as it
pertains to auto salva a yards and junk yards", be received, placed on file,
considered and passed fr the first time. Ayes: Five. Absent: Dell, Buck.
Motion carried.
April 6, 1992
ASSESSMENT HEARING
99103 - Moved by Angel, seconded by Wright
that proof of publication of notice
regarding the F.Y. 1991 Gram Court
in the Waterloo Courier on March 27
carried.
Page 5
of public hearing and notice to property owners
Sanitary Sewer, Contract No. 405, as published
, 1992, be received and placed on file. Motion
99104 - 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 Budak, seconded by Brown
that the hearing be closed and oral and written comments be received and placed on
file. Motion carried.
99105 - Moved by Angel, seconded by Fox
that Proposed Resolution of Necessity, as proposed
Sanitary Sewer, Contract No. 405 be tabled for one
Dell, Buck. Motion carried. (A 3/4 vote of Council
for the F.Y. 1991 Gram Court
week. Ayes: Five. Absent:
required to adopt resolution.)
UNFINISHED BUSINESS
99106 - Moved by Budak, seconded by Brown
that communication from Public Works Director transmitting recommendation to reject
all bids opened on March 16, 1992 in conjunction with the F.Y. 1992 Industrial
Wastewater Pretreatment Facilities, Contract No. 435, be received, placed on file
and "Resolution setting new date of hearing on bids and bid opening as May 18, 1992
at 7:00 p.m. in the City Hall Council Chambers", be adopted and Clerk/Auditor
instructed to publish notice of same. Ayes: Five. Absent: Dell, Buck.
Resolution adopted and upon approval by Mayor assigned No. 1992-146.
PETITIONS FROM PUBLIC
99107 - An amendment to a site plan for Alabar Plaza to allow an 8' x 14' storage shed was
discussed. City staff noted that a date of hearing could be set if the Council
thought the change was significant.
The owner of Paul Revere's Pizza had circulated a petition to businesses within the
Plaza asking whether the elimination of a parking space with the placement of the
storage shed on the south side of Alabar Plaza would inhibit parking for their
customers. All agreed that one less space was not detrimental to their customers.
He asked that the Council allow them to proceed, particularly since the residents
along Linbud Lane cannot see the shed.
City Planner Bob Stevenson noted that with the businesses in the basement area of
the Plaza, the minimum parking requirements are not being met and therefore the
staff opposes the elimination of one additional parking space for placement of the
storage shed. Staff reported that two residents along Linbud Lane had called to
voice their opposition of the request.
Connie Merron, 1038 Linbud Lane, stated that she and her neighbors are concerned
about the availability of parking in the Plaza and the potential for overflow to
park on Linbud Lane. She urged the Council to deny the request.
Joe Harris, 912 Clough Street, noted that as a customer of the businesses in the
Plaza, he has had no problems with finding parking at any time during the day.
Moved by Brown, seconded by Angel
that communication from City Planner transmitting site plan amendment request of
Alabar Plaza to allow an 8' x 14' storage shed on the south side of Alabar Plaza
together with recommendation of denial of Planning, Programming and Zoning staff,
be received, placed on file and "Resolution setting date of hearing as April 20,
1992 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 same. Ayes:
Five. Absent: Dell, Buck.
Resolution adopted and upon approval by Mayor assigned No. 1992-147.
April 6, 1992
Petitions from Public - continued
99108 - Moved by Budak, seconded by Angel
Page 6
that the request of Jim Nienkark, 1315 Leavitt Street, to approve repayment plan
for delinquent certified garbage and sewer fees, be received, placed on file and
"Resolution approving said request", be adopted and Clerk/Auditor instructed to
notify Black Hawk County Treasurer of same. Ayes: Five. Absent: Dell, Buck.
Resolution adopted and upon approval by Mayor assigned No. 1992-148.
99109 - Moved by Budak, seconded by Angel
that the request of John Spragg for a variance to Chapter 25.5 of the Noise
Ordinance on May 31, 1992 from 8:00 a.m. to 5:00 p.m. to hold autocross race in
downtown area in conjunction with My Waterloo Days, be received, placed on file and
"Resolution approving said request", be adopted. Ayes: Five. Absent: Dell,
Buck.
Resolution adopted and upon approval by Mayor assigned No. 1992-149.
99110 - Moved by Budak, seconded by Angel
that the request of Bill Bradford for a variance to Chapter 25.5 of the Noise
Ordinance on June 4, 1992 from 8:00 p.m. to midnight to hold a teen dance at the
Cattle Congress Grounds parking lot in conjunction with My Waterloo Days, be
received, placed on file and "Resolution approving said request", be adopted.
Ayes: Five. Absent: Dell, Buck.
Resolution adopted and upon approval by Mayor assigned No. 1992-150.
99111 - Peggy Morgan, granddaughter of Fannie Mae Page of 612 Ash Street, asked for the
Council's consideration of approval of the request. Ms. Morgan stated that family
members have only recently been made aware that property taxes and assessments have
not been paid on their grandmother's property. Family members will attempt to pay
the property taxes but funds are not available for payment of the pavement
installments.
Larry P. Burger, City Clerk/Auditor, reminded the Council that it has been past
practice not to forgive installment payments, although past practice has allowed
cancellation of annual sewer and garbage assessments. Mr. Burger suggested that
the family consider payment of the installments and apply for a suspension of the
property taxes to the Black Hawk County Courthouse. Ms. Morgan noted that this
would need to be discussed with family members.
Moved by Budak, seconded by Fox
that the request of Ms. Fannie Mae Page, 612 Ash Street, for cancellation of paving
assessment, be received, placed on file and tabled for one week. Motion carried.
REPORTS
99112 - Moved by Fox, seconded by Budak
that the 1991 Operation Report of the Waterloo Water Works be received and placed
on file. Motion carried.
DOCUMENTS
99113 - Moved by Brown, seconded by Wright
that communication from Associate Engineer transmitting 28E Agreement with the City
of Cedar Falls in conjunction with Midway Drive Reconstruction from University
Avenue to Cadillac Lane, 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: Five. Absent: Dell, Buck.
Resolution adopted and upon approval by Mayor assigned No. 1992-151.
April 6, 1992 Page 7
Documents - continued
99114 - Moved by Brown, seconded by Wright
that communication from Associate Engineer transmitting Contracts, Bonds and
Certificates of Insurance from Aspro, Inc. of Waterloo, Iowa in the amount of
$2,256,927.19 in conjunction with F.Y. 1992 Street Reconstruction Program - No. 3,
Contract No. 431, be received, placed on file and "Resolution approving said
documents", be adopted and Mayor and Clerk/Auditor authorized to execute same.
Ayes: Five. Absent: Dell, Buck.
Resolution adopted and upon approval by Mayor assigned No. 1992-152.
99115 - Moved by Brown, seconded by Wright
that communication from City Planner transmitting Contracts, Bonds and Certificates
of Insurance from Lawless Trucking and Excavating of Waterloo, Iowa, in the amount
of $23,900.00 in conjunction with Demolition Contract C -92(D) for Powers
Manufacturing Expansion, be received, placed on file and "Resolution approving said
documents", be adopted and Mayor and Clerk/Auditor authorized to execute same.
Ayes: Five. Absent: Dell, Buck.
Resolution adopted and upon approval by Mayor assigned No. 1992-153.
99116 - Moved by Brown, seconded by Wright
that communication from Transportation Program Manager transmitting Contracts,
Bonds and Certificates of Insurance from Lehman Trucking & Excavating of Waterloo,
Iowa in the amount of $21,565.00 in conjunction with Demolition Contract B -92(D)
for Highway 218 Corridor, be received, placed on file and "Resolution approving
said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same.
Ayes: Five. Absent: Dell, Buck.
Resolution adopted and upon approval by Mayor assigned No. 1992-154.
99117 - Moved by Brown, seconded by Wright
that communication from Transportation Program Manager transmitting an application
to the Iowa Department of Transportation for Traffic Safety Improvement Program
funds for an additional left -turn lane at the intersection of Broadway Street and
Donald Street, together with recommendation of approval, be received, placed on
file and "Resolution approving said application", be adopted and Mayor and
Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Dell, Buck.
Resolution adopted and upon approval by, Mayor assigned No. 1992-155.
99118 - Moved by Brown, seconded by Wright
that communication from Police Chief transmitting a contract with the Iowa
Governor's Traffic Safety Bureau to fund Lieutenant Robert Greenlee in the position
of Operation Buckle Down program full time through August 1992 and part time
through September 1992, together with recommendation of approval, be received,
placed on file and "Resolution approving said contract", be adopted and Mayor
authorized to execute same. Ayes: Five. Absent: Dell, Buck.
Resolution adopted and upon approval by Mayor assigned No. 1992-156.
99119 - Moved by Brown, seconded by Wright
that communication from Recreation & Arts Center Director transmitting amendment
to Change Order No. 1 for F.Y. 1991 Waterloo Recreation & Arts Center Reroofing
previously approved by the City Council on October 14, 1991 from $9,880.00 to
$10,052.00 for work performed by Fuller Roofs Inc. be received, placed on file and
Mayor authorized to execute same. Motion carried.
April 6, 1992
Documents - continued
99120 - Moved by Brown, seconded by Wright
Page 8
that communication from Transportation,,Program Manager transmitting .Transfer. of
Jurisdiction Addendum No. 92-A-139 with the Iowa Department of Transportation in
conjunction with U.S. Highway 218 (University Avenue) from Greenhill Road to
Sergeant Road (U.S. Hwy. 63), FN -218-7(160)--21-07, together with recommendation
of approval, be received, placed on file and "Resolution approving said addendum",
be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Five.
Absent: Dell, Buck.
Resolution adopted and upon approval by Mayor assigned No. 1992-157.
RESOLUTIONS TO BE ADOPTED
99121 Moved by Budak, seconded by Brown
that "Resolution fixing date of hearing as April 20, 1992 at 7:00 p.m. in the City
Hall Council Chambers on the proposition of the issuance of not to exceed $150,000
General Obligation Bonds for a General Corporate Purpose (City Hall Renovation)",
be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Five.
Absent: Dell, Buck.
Resolution adopted and upon approval by Mayor assigned No. 1992-158.
99122 - Moved by Budak, seconded by Brown
that "Resolution fixing date
Hall Council Chambers on the
General Obligation Bonds for
be adopted and Clerk/Auditor
Absent: Dell, Buck.
of hearing as April 20, 1992 at 7:00 p.m. in the City
proposition of the issuance of not to exceed $65,000
a General Corporate Purpose (Stadium Improvements)",
instructed to publish notice of same. Ayes: Five.
Resolution adopted and upon approval by Mayor assigned No. 1992-159.
99123 - Moved by Budak, seconded by Brown
that "Resolution fixing date of hearing as April 20, 1992 at 7:00 p.m. in the City
Hall Council Chambers on the proposition of the issuance of not to exceed $50,000
General Obligation Bonds for a General Corporate Purpose (Roof repairs for Fire
Station)", be adopted and Clerk/Auditor instructed to publish notice of same.
Ayes: Five. Absent: Dell, Buck.
Resolution adopted and upon approval by Mayor assigned No. 1992-160.
99124 - Moved by Budak, seconded by Brown
that "Resolution canceling special assessments on property acquired in conjunction
with the U.S. 218 Project", be adopted. Ayes: Five. Absent: Dell, Buck.
Resolution adopted and upon approval by Mayor assigned No. 1992-161.
99125 - Moved by Budak, seconded by Brown
that "Resolution authorizing total acquisition contract payment, relocation
payments and acceptance of deed for 1318 Lafayette Street (Michael J. and Mary E.
Ahles and Loofall Investors Partnership) in conjunction with the Rath Tax Increment
Financing Redevelopment Area and Powers Manufacturing Expansion Project", be
adopted. Ayes: Five. Absent: Dell, Buck.
Resolution adopted and upon approval by Mayor assigned No. 1992-162.
99126 - Moved by Budak, seconded by Brown
that "Resolution setting date of hearing as April 13, 1992 at 7:00 p.m. in the City
Hall Council Chambers on sale and conveyance of excess right-of-way generally
located off Ansborough Avenue and adjacent to Devonshire School to John D. Eveland
in the amount of $67,500.00 in conjunction with Ansborough Avenue Reconstruction
Project", be adopted and Clerk/Auditor instructed to publish notice of hearing of
same. Ayes: Five. Absent: Dell, Buck.
Resolution adopted and upon approval by Mayor assigned. 1992-163.
April 6, 1992
Resolutions to be Adopted - continued
99127 - Moved by Budak, seconded by Brown
Page 9
that "Resolution setting date of hearing as April 20, 1992 at 7:00 p.m. in the City
Hall Council Chambers on sale and conveyance of excess right-of-way generally
located on the northwest corner of Martin Road and Ansborough Avenue to Donald T.
and Beverly J. Kerns in the amount of $4,000.00 in conjunction with Ansborough
Avenue (South) Project", be adopted and Clerk/Auditor instructed to publish notice
of hearing of same. Ayes: Five. Absent: Dell, Buck.
Resolution adopted and upon approval by Mayor assigned No. 1992-164.
BILLS PAYMENT
99128 - Moved by Angel, seconded by Wright
that "Resolution approving Schedule A918, pp. 1-70, dated April 6, 1992, in the
amount of $1,646,850.84, copies of which are on file in the Clerk/Auditor's
Office", be adopted. Ayes: Five. Absent: Dell, Buck.
Resolution adopted and upon approval by Mayor assigned No. 1992-165.
Travel Requests
99129 - Moved by Brown, seconded by Fox
that the following travel requests, with expenses not to exceed amount shown, be
received, placed on file and approved:
1 Steve Grimm, Fire Lieutenant, to attend Properties of Chemicals Course in Ames,
Iowa on March 30 -April 3, 1992 and April 13-17, 1992, with costs not to exceed
$895.00.
2. Mark Langenwalter, Police Sergeant, and Lynn Moller, Police Investigator, for
follow-up police investigation in Newport News, Virginia on April 1-3, 1992,
with costs not to exceed $919.00.
3. Frank Magsamen, Assistant Fire Chief, and Tom Lanigan, Fire Lieutenant, to
attend Regional IAAI Insurance Seminar in Newton, Iowa, on April 14-15, 1992,
with costs not to exceed $125.00 each, including the use of City vehicle.
4. Larry P. Burger, Clerk/Auditor, to attend Iowa Municipal Finance Officers
Annual Meeting in Des Moines, Iowa on April 22-24, 1992, with costs not to
exceed $223.50.
5. Chuck Angel, Waterloo Cable Commission Chair, to attend Cable Television
Workshop in Madison, Wisconsin on May 18, 1992, with costs not to exceed
$290.00.
Ayes: Four. Absent: Dell, Buck. Abstain: Angel. Motion carried.
MISCELLANEOUS
99130 - Moved by Brown, seconded by Fox
that the following beer and liquor license permit applications be received, placed
on file and approved and endorsed applications forwarded to the Iowa Beer and
Liquor Control Department and application for fireworks display be received, placed
on file and approved:
1. Beer License Permit Application
Class B
Rudy's Tacos, 2401 Falls Avenue (Renewal) (Expires 4/14/93)
2. Beer/Liquor License Permit Application
Class C
Brooster's, 3555 University Avenue (New) (Expires 4/8/93) (Includes Sunday
Sales)
Fortune's Tavern, 328 Elm Street (Renewal) (Expires 5/1/93) (Includes Sunday
Sales)
April 6, 1992 Page 10
Miscellaneous - continued
Application for Fireworks Display
Waterloo Professional Baseball, Inc., 850 Park Road (Municipal Stadium) on July 4,
1992
Motion carried.
BONDS
99131 - Moved by Budak, seconded by Wright
that the report of the City Attorney and list of bonds filed with the Clerk/Auditor
through April 6, 1992, be received, placed on file and report and bonds approved.
Motion carried.
ORAL PRESENTATIONS
99132 - Gary Eilers, 406 Litchfield Avenue, complained of neighbors crossing his property
to gain access to property to the west. Don Temeyer, Planning and Development
Director, reported that this has been an ongoing problem since there is no public
access to properties to the west of Mr. Eiler's He stated that this is a private
matter between property owners and cannot be addressed by city staff. Mr. Eilers
asked for assistance from the city to address the problem.
John Woods, representing Iowa Landlords Association, suggested that as an economic
measure the city consider joint dispatch of its Police Department and Black Hawk
County.
Bill Grimm, 1710 Forest Avenue, asked the City Council to consider cutting
management at the Fire Department. As calls for service have increased, the
management staff within the department has increased more rapidly.
Joel Harris asked that the Council consider lifting the ban on the burning of yard
waste since other methods of disposal are too costly. He also noted he does not
have room for a compost pile and is allergic to mold that compost produces. John
Meyer, Public Works Director, stated that there are alternatives to the purchase
of yard waste bags, which includes hauling your own to the landfill for a minimum
fee or a land application by a farmer.
Pete Mullesch, 1519 Columbia Street, stated that as an adjacent neighbor to Gary
Eilers, problems have arisen when Mr. Eilers has blocked access onto his property.
He stated that many of the comments made by Mr. Eilers were incorrect.
Moved by Budak, seconded by Brown
that the above oral comments be received and placed on file and the Council adjourn
at 10:15 p.m. Motion carried.
Larry P. Burger
City Clerk/Auditor