HomeMy WebLinkAbout10/01/84October 1, 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 October 1,
1984. Mayor Bowers in the Chair. Roll call: Lichty, Penaluna,
Klinger, Dame, Wright, Seeber. Absent: Getty.
Invocation by Wright.
86523 - Moved by Dowie, seconded by Lichty
that the Agenda, as proposed for the Regular Session of October 1,
1984, at 7:00 p.m., be accepted and approved.
Motion carried.
86524 - Moved by Wright, seconded by Dowie
that the Minutes of the Regular Session held September 24, 1984 and
Special Meeting held September 18, 1984 be approved.
Motion carried.
HEARINGS
86525 - Moved by Seeber, seconded by Wright
that proof of publication of notice of public hearing for Special
Permit Request of James L. Rooff, Jr., to operate Metals Yard at
1700, 1704, and 1708 Commercial Street, as published in the Waterloo
Courier on September 21, 1984 be received and placed on file.
Motion carried.
86526 - HOLD HEARING --This being the time and place of public hearing the
Mayor called for written and oral objections.
Michael Peterson, Attorney representing James L. Rooff, Jr., stated
that the metals yard is consistent with the existing zoning and uses
found in the immediate area.
Bob Stevenson, City Planner, stated that the Planning, Programming
and Zoning Commission had recommended approval, subject to the
following conditions:
1. At no time will cars be parked, stripped or junked on the
property.
2. At no time will cars be allowed to park in the setback area
along the West Fifteenth Street side of the property.
3. The setback area along West Fifteenth Street will be maintained
as an open grass covered area.
4. That a majority of the surrounding residents support the
proposal.
5. That no automotive salvage operation (dismantling any vehicle)
is to take place on the property.
6. An ongoing pest control program must be implemented if problems
of pests are evident.
Moved by Dowie, seconded by Seeber
that all petitions of objection and above comments be received and
placed on file.
Motion carried.
86527 - Moved by Dowie, seconded by Wright
to receive and place on file recommendation of approval, of Planning,
Programming, and Zoning Commission, subject to conditions.
Motion carried.
October 1, 1984 Page Two
HEARINGS CONTINUED
86528 - Moved by Klinger, seconded by Wright
that "Resolution approving Special Permit Request for James L.
Rooff, Jr., to operate Metals Yard at 1700, 1704, and 1708 Commercial
Street", be adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 1984-457.
86529 - Moved by Dame, seconded by Penaluna
that proof of publication of notice of public hearing on Site Plan
for Supermarket at Crossroads Shopping Center as published in the
Waterloo Courier on September 21, 1984 be received and placed on
file.
Motion carried.
86530 - HOLD HEARING --This being the time and place for public hearing the
Mayor called for written and oral objections and there were none.
Moved by Penaluna, seconded by Klinger
to receive and place on file recommendation of approval from
Planning, Programming and Zoning Commission.
Motion carried.
86531 - Moved by Penaluna, seconded by Klinger
that "Resolution approving site plan for Supermarket at Crossroads
Shopping Center", be adopted. Ayes: Six. Absent: -Getty.
Resolution adopted and upon approval by Mayor assigned No. 1984-458.
86532 - Moved by Klinger, seconded by Lichty
that proof of publication of notice of public hearing for Special
Permit Request of Dennis Osborn, to expand Waterloo Auto Parts 1501
Grandview, as published in the Waterloo Courier on September 21, 1984
be received and placed on file.
Motion carried.
86533 - 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 Wright
to receive and place on file recommendation of approval from the
Planning, Programming and Zoning Commission.
Motion carried.
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October 1, 1984
HEARINGS CONTINUED
86534 - Moved by Klinger, seconded by Dowie
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Page Three
that "Resolution approving Special Permit of Dennis Osborn to expand
Waterloo Auto Parts, 1501 Grandview", be adopted. Ayes: Six.
Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 1984-459.
ORAL PRESENTATIONS
86535 - Elsie Kloberdanz, 840 W. Donald Street asked several questions
regarding the Donald Street widening project and spoke against its
widening.
PETITIONS FROM PUBLIC
Moved by Dowie, seconded by Lichty
that communication from City Engineer transmitting the request of
Karl Sanger for temporatry concrete driveway at 1825 Falls Avenue
together with recommendation of approval be received, placed on file
and "Resolution approving the request of Karl Sanger, 825 Falls Ave.,
for a temporary asphalt driveway on Englewood Avenue
irrespective of latter official grade", be adopted. Ayes: Six.
Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 1984-460.
UNFINISHED BUSINESS
86536 - Mayor Bowers reported that the time had arrived to discuss the
request of Rita Butters to utilize City property located between
Logan Avenue and Highway 63 and south of Illinois Central Railroad
tracks for parking purposes.
Councilperson Wright, Chairperson of the Building and Grounds
Committee, reported that the Committee could not arrive at a decision
on the matter. She asked that the City Attorney review the various
options available to the Council.
Moved by Wright, seconded by Klinger
that the above remarks be received and placed on file.
Motion carried.
86537 - City Attorney W. David Tyler reported that the City's options were as
follows:
1) not lease the property, or
2) bid the lease with the following conditions:
a. total indemnification of City
b. hard surface the lot and provide on site retention
c. no complaints would be heard by the City
d. provide public indemnity insurance policy in the amount
equal to the City ($5 million)
e. 90 day notice to cease operations by either party
f. lease term, with option to renew
g. forfeiture to City of all improvements
h. City will have immediate access to pump station for service
i. an additional curb cut would be provided to the site
Rita Butters, owner of Direct Connection, 735 Logan Avenue spoke in
support of the request.
October 1, 1984 Page Four
UNFINISHED BUSINESS CONTINUED
86537 - Moved by Dowie, seconded by Wright
that the above remarks be received and placed on file and that the
Planning, Programing and Zoning Commission staff be directed to
contact the interested parties (Direct Connection, 735 Logan Avenue
and Shalimar, 743 Logan) as to the feasibility of leasing the lot,
with the conditions stated by the City Attorney. Ayes: Five. Nays:
Seeber. Absent: Getty.
Motion carried.
86538 - Moved by Klinger, seconded by Penaluna
that the City of Waterloo proclaim October 3, 1984 as Peace Day in
the City of Waterloo.
Motion carried.
86539 - Councilperson Penaluna, Chairperson of the Reorganization Committee,
reported that the Committee recommended Range 11, Step 2 for the
Contract Compliance Officer.
Moved by Penaluna, seconded by Klinger
that communication from Reorganization Comittee transmitting salary
recommendation for Contract Compliance Officer at $22,415 be
received, placed on file and approved. Ayes: Six. Absent: Getty.
Motion carried.
86540 - Moved by Klinger, seconded by Wright
that "an Ordinance amending Ordinance No. 2479, as amended, Zoning
Ordinance, by adding Sub -section No. 213 to Section 2A-5, Rezoning
Certain Property" ("R-2" One & Two Family Residence District to "C-1"
Commercial District) property located at intersection of Linden and
Franklin Avenue be tabled for one (1) week due to the absence of
Councilperson Getty.
Prior to a vote on the motion, the following discussion was heard:
John Bedard, Jr., stated that the Council should take action on the
matter even with a Councilperson absent.
Mary Shirley, 411-1/2 Vinton, objected to the rezoning and the
proposed tabling action.
City Attorney W. David Tyler noted that the reconsideration of the
action taken September 24, 1984, (see CR86492) only required that the
mover be a member of the prevailing side. In order to rezone the
property, 3/4 of the Council must vote in favor of the motion.
Beth Hanisch, 424 Linden Avenue, stated that the Council should vote
on the matter. She opposed the rezoning.
A vote was taken on the motion: Ayes: Lichty, Klinger, Seeber,
Wright. Nays: Penaluna and Dowie. Absent: Getty.
Motion carried.
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October 1, 1984
UNFINISHED BUSINESS CONTINUED
86541 - Moved by Wright, seconded by Klinger
Page Five
that communication from Building and Grounds Committee transmitting
recommendation to set new date of hearing on sale of Fire Station No.
2 (located at Byron and Randolph), due to inability of James Zierath
to obtain permanent financing (see Resolution No. 1984-203
authorizing sale to Mr. Zierath), together with refund of $3,750 to
Mr. Zierath (original deposit on property) and establishment of new
minimum bid of $29,500 be received, placed on file, and "Resolution
setting new date of hearing as October 22, 1984 at 7:00 p.m. in the
City Hall Council Chambers on above described sale, with minimum bid
established at $29,500", be adopted, and refund made to Mr. Zierath
accordingly, and Larry P. Burger, Clerk/Auditor instructed to publish
notice of hearing accordingly. Ayes: Five. Nays: Lichty. Absent:
Getty.
Resolution adopted and upon approval by Mayor assigned No. 1984-461.
FOURU1DAW
86542 - Moved by Dowie, seconded by Seeber
that communication from City Engineer transmitting Contract, Bond,
and Certificate of Insurance from Chuck Heene Construction in the
amount of $27,000 for the F.Y. 1985 Installation of Roof and
Siding for a Sewer Department Building at the Water Pollution Control
Facility, Contract No. 280, be received, placed on file and
"Resolution approving said documents", be adopted and Mayor and
Deputy Clerk/Auditor authorized to execute same. Ayes: Six. Absent:
Getty.
Resolution adopted and upon approval by Mayor assigned No. 1984-462.
86543 - Moved by Dowie, seconded by Dowie
that communication from City Engineer transmitting Change Order No. 1
for F.Y. 1985 Seal Coat Program, Contract No. 279 for increase of
$4,684.40 together with recommendation of approval be received,
placed on file and approved and Mayor and Deputy Clerk/Auditor
instructed to execute same.
Motion carried.
NEW BUSINESS
86544 - Moved by Klinger, seconded by Seeber
that communication from Mayor Del Bowers recommending the appointment
of Pam Klima and reappointment of Tom Staack, Russell Hayes, and
Chris Marsau to the Waterloo Playgrounds and Recreation Commission be
received, placed on file, and approved.
Motion carried.
86545 - Moved by Klinger, seconded by Seeber
that the following requests for travel with expenses not to exceed
amounts shown, be received, placed on file and approved:
Travel Requests
Police Lieutenant to attend Seminar and Instruction on Police
Planning, Houston, Texas, October 6-12, 1984 cost not to exceed
$900.00.
Police Sergeant to attend Smith and Wesson Armorers School, Menominee
Falls, Wisconsin, October 7-12, 1984 cost not to exceed $325.00.
Motion carried.
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October 1, 1984 Page Six
MISCELLANEOUS
86546 - Moved by Dowie, seconded by Wright
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 be received, placed on file and
approved:
Beer and License Permit Application plus Sunday sales
Class C
Petro -N -Provisions, 1805 LaPorte Road, (new location -new owner)
Expires (10/4/85)
Ch�i arette Permit application
Aldan,Inc., 1995EnterpriseAvenue
Motion carried.
86547 - Moved by Penaluna, seconded by Wright
that the report of City Attorney and list of bonds filed with Clerk
through October 1, 1984 be received, placed on file and report
and bonds approved.
Motion carried.
86548 - Moved by Dowie, seconded by Lichty
that the Council adjourn.
Motion carried.
Michelle Temeyer
Deputy Clerk/Auditor