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HomeMy WebLinkAbout11/05/84ON November 5, 1984 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 November 5, 1984. Mayor Bowers in the Chair. Roll call: Getty, Lichty, Penaluna, Klinger, Wright, Dowie, Seeber. Invocation by Wright. Mayor Bowers introduced Troops 106 & 116. 86659 - Moved by Getty, seconded by Lichty that the Agenda, as amended for the Regular Session of November 5, 1984, at 7:00 p.m., be accepted and approved. Motion carried. 86660 - Moved by Dowie, seconded by Penaluna that the Minutes of the Special Session held October 29, 1984, at 4:00 p.m. and Regular Session held October 22, 1984, at 7:00 p.m., be approved. Motion ca.rri ed . HEARINGS 86661 - Moved by Klinger, seconded by Lichty that proof of publication of notice of public hearing for the 1985 Budget of the Waterloo Water Works, as published in the Waterloo Courier on October 26, 1984, be received and placed on file. Motion carried. 86662 - 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 Seeber, seconded by Getty that "Resolution approving budget for the 1985 Waterloo Water Works", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-501. 86663 - Moved by Dowie, seconded by Klinger that proof of publication of notice of public hearing for the Issuance of Industrial Revenue Bonds for Tota -Cure, Inc., not to exceed $2,000,000.00, as published in the Waterloo Courier on October 19, 1984 be received and placed on file. Motion ca.rri ed . 86664 - HOLD HEARING --This being the time and place for public hearing the Mayor called for written and oral objections and there were none. Hugh Field, Council representing Tota -Cure, Inc., introduced the principals of the company including Lyle Taylor, Steve Cohen, Albert Toto, Jr. and Joseph Toto, Jr. He stated that the City would not be financially responsible for the bonds. He distributed boxes of mushrooms to the Mayor, Council and audience. Moved by Penaluna, seconded by Klinger that "Resolution determining to proceed with the issuance of not to exceed $2,000,000.00 Industrial Revenue Bonds for Tota -Cure, Inc.", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-502. November 5, 1984 Page Two HEARINGS CONTINUED 86665 - Moved by Seeber, seconded by Wright that proof of publication of notice of public hearing to rezone from 11M-1 Light Industrial District to "C-2" Commercial District property located between I-380 and Texas Street and between Easton Avenue and Howard Street, as published in the Waterloo Courier on October 19, 1984, be received and placed on file. Motion carried. 86666 - HOLD HEARING --This being the time and place for public hearing the Mayor called for written and oral objections and there were none. Bob Stevenson, City Planner, stated that the Commission recommended denial due to the non-compliance of the request to the long-range plans for the area. Moved by Dowie, seconded by Klinger to receive and place on file recommendation of denial of Planning, Programming and Zoning Commission. Motion carried. 86667 - Moved by Dowie, seconded by Klinger that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Sub -section No. 213 to Section 2A-5, Rezoning Certain Property", be received, placed on file, and denied. Ayes: Six. Nays: Lichty. Motion carried. ORAL PRESENTATIONS 86668 - Councilperson Getty stated that a resident in the Ranchero Road area had requested that Waterloo Cablevision extend cable television to them. The cost to the franchisee would be approximately $2,700.00. Ordinance No. 2949, an Ordinance Regulating Cable Television, states in Section 11 that the Grantee is responsible for the construction and installation of cable to all parts of the City within eighteen (18) months of effective date of ordinance (Feb. 1978). He suggested that the Council may wish to review this matter as it relates to this and other less populated parts of the City. PETITIONS FROM PUBLIC 86669 - Sharon Juon, Executive Director of the Waterloo Downtown Council, stated that businesses along W. 4th Street support this concept and will contribute $20/month/business to off -set the usual parking revenue generated from the meters (approximately $530/mo.) Councilperson Lichty asked why E. 4th Street was not a part of this per• Ms. Juon stated that the area between Commercial and Washington Streets was selected due to the mix of adjacent businesses. Moved by Getty, seconded by Seeber that communication from the Waterloo Downtown Council transmitting petition of businesses requesting 2 hour courtesy parking on W. 4th Street between Commercial and Washington Streets be received, placed on'file, and "Resolution approving 2 hour courtesy parking on W. 4th Street between Commercial and Washington Streets for November and December, 1984", be adopted. Ayes: Seven. Resolution adopted and,upon approval by Mayor assigned No. 1984-503. '\ November 5, 1984 PETITIONS FROM PUBLIC CONTINUED 86670 - Moved by Klinger, seconded by Dowie Page Three that communication from City Engineer transmitting the request of L. W. Bodenstein for temporary concrete driveway at 2602 Lafayette Street, together with recommendation of approval be received, placed on file and 'Resolution approving the request of L. W. Bodenstein, 2602 Lafayette Street, for temporary concrete driveway irrespective of latter official grade", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-504. 86671 - Moved by Klinger, seconded by Dowie that communication from City Engineer transmitting the request of John C. Graham for temporary concrete driveway at 129 Graceline Blvd., together with recommendation of approval be received, placed on file and 'Resolution approving the request of John C. Graham, 129 Graceline Blvd., for temporary concrete driveway irrespective of latter official grade", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-505. 86672 - Moved by Klinger, seconded by Dowie that communication from City Engineer transmitting the request of Mrs. Vernon 0. Olsen for temporary concrete driveway at 2530 Lafayette Street together with recommendation of approval be received, placed on file and 'Resolution approving the request of Mrs. Vernon 0. Olsen, 2530 Lafayette Street, for temporary concrete driveway irrespective of latter official grade", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-506. 86673 - Moved by Klinger, seconded by Dowie that communication from City Engineer transmitting the request of Velma V. Zuke for temporary concrete driveway at 373 Wyoming Street together with recommendation of approval be received, placed on file and "Resolution approving the request of Velma V. Zuke 373 Wyoming Street, for temporary concrete driveway irrespective of latter official grade", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-507. 86674 - Moved by Klinger, seconded by Dowie that communication from City Engineer transmitting the request of Curtis L. Wollin for temporary asphalt driveway at 123 Clark Street together with recommendation of approval be received, placed on file and "Resolution approving the request of Curtis L. Wollin, 123 Clark Street, for temporary asphalt driveway irrespective of latter official grade", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-508. November 5, 1984 UNFINISHED BUSINESS Page Four 86675 - Councilperson Lichty asked where the money was coming from to pay for the skywalk, connecting the Holiday Inn and Conway Plaza Development (across Commercial Street). Don Temeyer, Planning and Development Director, stated that one half or an amount not to exceed $150,000 was being generated through the Iowa Community Development Loan Program with payback scheduled in 1988 and 1989 with proceeds from the Tax Increment Financing District (TIF). The other half will be financed with General Obligation Bonds, issued in July, 1983, with payment over thirteen (13) years from proceeds from the TIF. Moved by Klinger, seconded by Dowie that "Resolution Authorizing Execution of Memorandum of Agreement with Conway Plaza Development Company for the Conway Vicinity Skywalk", be adopted. Ayes: Six. Nays: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-509. 86676 - Moved by Klinger, seconded by Dowie that "Resolution awarding the contract for the F.Y. 1985 Construction of Conway Vicinity Skywalk, Contract No. 281 to Cardinal Construction Company in the amount of $209,200.00", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-510. 86677 - Moved by Dowie, seconded by Getty that communication from Sign and Traffic Department transmitting parking requests on both sides of the street on Hallowell Road, Flamnang Drive, Arizona Street, San Marnan access road, together with recommendation of approval be received, placed on file, and referred to the City Attorney for submission of an ordinance accordingly. Motion carried. 86678 - Councilperson Penaluna stated that he and the other five (5) Councilpersons took issue with the remarks of Mrs. Lichty's letter of October 3, 1984 to President Ronald Reagan and that a response of their views should be conveyed to Mr. Reagan. Mayor Bowers stated that the City has not been dead for fifteen (15) years and that he was proud of the City. He stated that he would draft a letter of response to President Reagan. Councilperson Lichty stated that she was conveying the wishes of her constituents. Moved by Dowie, seconded by Getty that communication from Mayor Bowers transmitting a letter initiated by Councilperson Lichty objecting to the economic recovery of the City of Waterloo and the response fran the Federal Highway Administration be received and placed on file. Ayes: Six. Nays: Lichty. Motion carried. 0 November 5, 1984 REPORTS CONTINUED Page Five 86679 - Councilperson Lichty stated that she wanted it a matter of public record that copies of her communication dated October 3, 1984 to President Ronald Reagan were available to the public. Moved by Lichty, seconded by Penaluna that the above remarks be received and placed on file. Motion carried. �IDI�Yk. 86680 - Moved by Dowie, seconded by Seeber that communication from City Planner transmitting Final Plat of Crossroads Plat No. 2 together with Engineer's Certificate of Survey, Deed of Dedication, Report of City Engineer, and recommendation of approval of Planning, Programming, and Zoning Commission be received, placed on file and "Resolution approving said plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-511. 86681 - Moved by Dowie, seconded by Seeber that communication from City Engineer transmitting Engineering Agreement with Robinson Engineering Company for Sanitary Sewer Investigation Contract for Dysart Road, Project No. IX -6691(1)--79-07 be received, placed on file, and "Resolution approving said documents", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-512. 86682 - Moved by Dame, seconded by Seeber that communication from City Engineer transmitting Engineering Agreement with Robinson Engineering Company for Sanitary Sewer Investigation Contract for Hoff Road, Project No. IX -6591(1)--79-07 be received, placed on file, and 'Resolution approving said documents", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-513. RESOLUTIONS TO BE ADOPTED 86683 - Moved by Getty, seconded by Klinger that "Resolution accepting and approving certain acquisition contracts to sell real property to the City and accepting and approving certain deeds from James and Shirley McCarthy for Parcel No. N for Hackett Road ByPass (2227 Sager --Total Take $45,000.)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-514. November 5, 1984 Page Six RESOLUTIONS TO BE ADOPTED CONTINUED 86684 - Moved by Getty, seconded by Klinger that "Resolution setting date of hearing as November 19, 1984 at 7:00 p.m., in the City Hall Council Chambers for conveyance of property generally located at W. 4th and Commercial Streets from the City of Waterloo to Conway Plaza Development Company", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-515. ORDINANCES TO BE ADOPTED 86685 - Moved by Dowie, seconded by Lichty that "Ordinance vacating a portion of an utility easement at 1409 Aspen Drive located in Central Heights II Addition", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 86686 - Moved by Getty, seconded by Dowie 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. 86687 - Moved by Getty, seconded by Lichty that "Ordinance vacating a portion of an utility easement at 1409 Aspen Drive located in Central Heights II Addition", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3374. NEW BUSINESS 86688 - Moved by Klinger, seconded by Seeber that communication from Building Official recommending the appointment of Frank Curran to the Building Inspection Department to the position of Inspector II, be received and placed on file. Motion carried. 86689 - Moved by Klinger, seconded by Seeber that cosmomication from Mayor Del Bowers recommending the appointment of Rev. Martha Ward, Co -Pastor, Grace United Methodist Church to the Waterloo Commission on Human Rights, with term expiring January 1, 1988 be received, placed on file, and approved. Motion carried. 1 -IN, Q November 5, 1984 NEW BUSINESS CONTINUED 86690 - Moved by Klinger, seconded by Seeber .'IN Page Seven that communication from Street Department Superintendent recommending the appointment of Larry Davis and Richard Raymond to Equipment Operators III be received and placed on file. Motion carried. 86691 - Moved by Seeber, seconded by Lichty that the following requests for travel with expenses not to exceed amounts shown, be received, placed on file and approved: Travel Requests Police Officer to attend Fall Educational Conference of International Association for Identification, Iowa Division, Davenport, Iowa, November 7-9, 1984, cost not to exceed $150.00 plus use of City vehicle. Motion carried. MISCE T ANEOUS 86692 - Moved by Getty, seconded by Dowie 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 Cigarette Permit Application, Massage Business Permit, Roller Skating Rink Application, Application for License to Erect and Maintain Signs, Pawnbroker License Application and Massage Technician Permit be received, placed on file, and approved. Beer and Liquor License Application C ass C Boot Hill Tap, 704 Cleveland, (Renewal) (Expires 11/29/85) plus Sunday sales Electric Park Ballroom, Rainbow and Conger, (Renewal) (Expires 11/2/85) plus Sunday sales Beer and Liquor License Application Sunday sales Class C Steamboat Gardens, Inc., 1740 Falls Avenue, (New) (Expires 5/9/85) Beer License Application plus Sunday sales Class C R & G Oil Company, Inc., 600 Cleveland, (Renewal) (Expires 11/19/85) Application for Massage Business Permit River Plaza Athletic Club, 10 W. 4th Street Application for Massage Technician Permit Wayne C. Wilson, bO3 Kirkwood lication for Roller Skating Rink Skates Alive, 110 Black Hawk Road Application for License to Erect and Maintain Signs Bill Si verson, 807 Commercial Street Cigarette Permit lica.tion American Black Food Services Inc., 2700 Falls Avenue Pawnbroker License Application nnie-s C. Farris, 188 W.18th Street Motion carried. November 5, 1984 Page Eight OIN " 86693 - Moved by Seeber, seconded by Wright that the report of City Attorney and list of bonds filed with Clerk through November 5, 1984 be received, placed on file and report and bonds approved. Motion carried. AT) MTTRNMfiTTT 86694 - Moved by Getty, seconded by Wright that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor v