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HomeMy WebLinkAbout05/07/84r May 7, 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 May 7, 1984. Mayor Bowers in the Chair. Roll call: Seeber, Dowie, Wright, Getty, Lichty, Penaluna, Klinger. Invocation by Lichty. 85657 - Moved by Dowie, seconded by Wright that the Agenda, as amended for the Regular Session of May 7, 1984, at 7:00 p.m., be accepted and approved. Motion carried. 85658 - Moved by Klinger, seconded by Lichty that the Minutes of the Regular Session held April 23, 1984 at 7:00 p.m., be approved. Motion carried. HEARINGS 85659 - Moved by Wright, seconded by Penaluna that proof of publication of notice of public hearing to vacate westerly three (3) feet of an eight (8) foot utility easement along the easterly portion of Lot 18, Shuman Addition, Waterloo, Black Hawk County, Iowa, as published in the Waterloo Courier on April 20, 1984 be received and placed on file. Motion carried. 85660 - 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 Getty, seconded by Klinger that "an Ordinance vacating, westerly three (3) feet of an eight (8) foot utility easement along easterly portion of Lot 18, Shuman Addition", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. 85661 - Moved by Getty, seconded by Lichty 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. 85662 - Moved by Klinger, seconded by Getty that an Ordinance vacating westerly three (3) feet of an eight (8) foot utility easement along easterly portion of Lot 18, Shuman Addition", be adopted. Ayes: Seven. Ordinance adopted and upon approval,by Mayor assigned No. 3338. May 7, 1984 Page Two HEARINGS CONTINUED 85663 - Moved by Wright, seconded by Penaluna that proof of publication of notice of public hearing to rezone from "A-1" Agricultural District to "C-1" Commercial District property located at 1977 Newell Street (William Benson) as published in the Waterloo Courier on April 20, 1984, be received and placed on file. Motion carried. 85664 - HOLD HEARING --This being the time and place for public hearing the Mayor called for oral and written objections. Moved by Wright, seconded by Seeber. Receive and file petition for and against said rezoning. Motion carried. 85665 - William Benson spoke on behalf of the rezoning and outlined several reasons for the rezoning. Randy Pilkington, Assistant Planning Director, outlined the reasons for the Planning staff's recommendation of denial. Moved by Penaluna, seconded by Wright that an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Sub -Section No. 211 to 2A-7, Rezoning Certain Property", be received, placed on file, passed and considered for the first time. Ayes: Five. Nays: Seeber and Lichty. Motion not carried. (Failed due to a 3/4 vote is required to override the zoning Commission recomemndation of denial (Section 2479, Part 26 2A55C of Zoning Ordinance). ORAL PRESENTATIONS 85666 - Moved by Seeber, seconded by Penaluna to receive and place on file a petition from residents of Waterloo objecting to the widening of Ansborough Avenue and refer to the City Engineer. Motion carried. PETITIONS FROM PUBLIC 85667 - Moved by Dowie, seconded by Klinger that request of Janette Williams for a street light to be installed at 721 Denver Street, together with recommendation of denial from Superintendent of Traffic Signals, be received, placed on file, and request denied. Ayes: Six. Nays: Lichty. Motion carried. 85668 - Councilperson Wright spoke in favor of lifting the restrictions of parking on the 500 block of Lime Street. She stated that the Faith Baptist Church held services all week along and needed additional parking during the week. Jack Seeber asked if after 6:00 p.m. parking would help. Councilperson Wright stated that it would help. May 7, 1984 Page Four RESOLUTIONS TO BE ADOPTED 85672 - Moved by Wright, seconded by Lichty that communication from Planning, Programming, and Zoning Commission transmitting proposed plan for West Washington Urban Revitalization Area, be received, placed on file and "Resolution setting date of hearing as June 11, 1984, at 7:00 p.m.", in the City Hall Council Chambers on above proposed plan be adopted and Clerk/Auditor instructed to publish notice ofhearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-162. 85673 - Moved by Seeber, seconded by Wright that offer of sale of land from Mrs. Maurine Nelson, 1140 Mendota located north of Easton Avenue in Riverview Addition for future park purposes, with total lot area of 6,000 square feet in the amount of $4,500.00, together with Planning, Programming and Zoning Commission's recommendation of approval be received, placed on file and 'Resolution approving said offer of sale," be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-163. 85674 - Moved by Getty, seconded by Lichty that "Resolution authorizing the issuance and sale of $250,000.00 Industrial Revenue Bond, Series 1984 (Campbell Supply Project)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-164. 85675 - Moved by Getty, seconded by Lichty that 'Resolution authorizing the issuance and sale of $700,000.00 Industrial Revenue Bond, Series 1984 (Miller Medical Service, Inc., Project)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-165. 85676 - Moved by Getty, seconded by Lichty that "Resolution authorizing the issuance and sale of $115,000.00 Special Assessment Bonds for F. Y. 1984 Paving Program, Contract No. 250", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-166. 85677 - Moved by Getty, seconded by Lichty that 'Resolution regarding the issuance of an Industrial Development Revenue Bond (Plogman, Finkelstein, Neboda and Wernimont Project) of the City of Waterloo, Iowa, in an aggregate principal amount not to exceed $60,000, directing publication of notice of intention to issue and calling a public hearing as May 29, 1984 at 7:00 p.m. in the City Hall Council Chambers on above described request and authorizing execution of a Memorandum of Agreement", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-167. May 7, 1984 Page Three PETITIONS FROM PUBLIC CONTINUED 85668 - Moved by Wright, seconded by Penaluna (cont.) that communication from Sign and Traffic Department transmitting request of Faith Baptist Church for parking on 500 block of Lime Street at times other than Sundays, be received, placed on file. Ayes: Six. Nays: Wright. Motion carried. Moved by Seeber, seconded by Wright that parking signs be placed in the 500 block of Lime Street to allow parking from 6:00 p.m. to 6:00 a.m. and all day Sunday and instruct the Attorney to prepare an ordinance accordingly. Ayes: Five. Nays: Dowie and Lichty. Motion carried. 85669 - Moved by Klinger, seconded by Seeber that communication from Holiday Inn/Civic Center for permission to sell alcoholic beverages out of doors during the following dates: May 25 and 26, June 1, 8, 15, 22, 29, July 6, 13, 20, 27, August 3, 10, 17, 24, 31, and September 7, 1984, subject to restrictions contained in letter of request be received, placed on file, permission granted and Clerk/Auditor instructed to notify the Iowa Beer and Liquor Control Department accordingly. Motion carried. 85670 - Moved by Dowie, seconded by Getty that further consideration on drug paraphernalia ordinance be tabled for two (2) weeks subject to additional information being received from the Police Department. Motion carried. 85671 - Ed Gallagher, representing Bertch Pharmacies, R.M. Moore, Owner of Moore Engineering, Dave Kelson, Nile Brunson, Man's World and Dr. Albert Nesbit all requested that the Council continue to allow parking contrary to the City Engineer's recommendation in connection with Contract 266. They asked to be grandfathered in and stated that it would seriously hurt their businesses if they were not allowed to continue to park on the parking. Moved by Klinger, seconded by Lichty that request of area property owners: Dr. Albert R. Nesbit, Man's World Barber Shop, Moore Engineering Company, Inc., Bertch Pharmacies, Inc., and Mrs. Catherine Ahrenholz, requesting authorization to utilize parking area for parking purposes along Magnolia Parkway and Knoll Street, together with City Engineer's recommendation of denial, be received, placed on file, and requests approved. Ayes: Seven. Motion carried. May 7, 1984 RESOLUTIONS TO BE ADOPTED CONTINUED 85678 - Moved by Getty, seconded by Lichty -'N IN Five that "Resolution fixing the date of hearing on proposed Industrial Development Revenue Bonds with National Cattle Congress in an amount not to exceed $10,000,000 as May 30, 1984 at 7:00 p.m. in the City Hall Council Chambers on above desribed request", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Resolution adopted and upon approval by Mayor assigned No. 1984-168. ORDINANCES TO BE ADOPTED 85679 - Moved by Klinger, seconded by Seeber that "Ordinance amending Ordinance No. 2644, known as the Traffic Code, by repealing subsection (14) public alley from Franklin Street to Mulberry Street and lying between E. 4th and E. 5th of Section 542, one-way streets and alleys; and enacting in lieu thereof a new subsection (14) public alley from Franklin Street to Mulberry Street and lying between E. 4th and E. 5th of Section 542, one-way streets and alleys", be received, filed, considered and passed for the first time. Ayes: Seven. Motion carried. 85680 - Moved by Getty, seconded by Lichty 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: Motion carried. 85681 - that "Ordinance amending Ordinance No. 2644, known as the Traffic Code, by repealing Subsection (14) public alley from Franklin Street to Mulberry Street and lying between E. 4th and E. 5th of Section 542, one-way streets and alleys; and enacting in lieu thereof a new Subsection (14) public alley from Franklin Street to Mulberry Street and lying between E. 4th and E. 5th of Section 542, one-way streets and alley", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3339. NEW BUSINESS 85682 - Moved by Wright, seconded by Klinger that City Engineer be instructed to prepare plans, specifications, etc., in conjunction with the F.Y. 1985 Rooff Avenue Connection to U.S. Highway 20, Contract No. 269. Motion carried. 85683 - Moved by Seeber, seconded by Getty that plans, etc., for the F.Y. 1985 Rooff Avenue Connection to U.S. Highway 20, Contract No. 269 be received, placed on file, and "Resolution preliminarily approving same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-169. 85684 - Moved by Seeber, seconded by Getty that "Resolution setting date of hearing as May 21, 1984 at 7:00 p.m. in the City Hall Council Chambers on plans and taking of bids on F.Y. 1985 Rooff Avenue Connection to U.S. Highway 20, Contract No. 269", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-170. May 7, 1984 Page Six NEW BUSINESS CONTINUED 85685 - Moved by Getty, seconded by Lichty To rescind Resolution No. 1984-168 C.R. #8__and adopt "Resolution fixing date of hearing on proposed Industrial Revenue Bonds, National Cattle Congress, for Tuesday, May 29, 1984," at 7:00 p.m. in the City Hall Council Chambers. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-171. 85686 - Moved by Getty, seconded by Klinger that communication from Civil Service Commission transmitting the Certification Lists for the following positions: Planning and Development Director and Community Development Administrator, be received and placed on file. Motion carried. 85687 - Moved by Seeber, seconded by Wright that communication from Street Department transmitting recommendation on the appointment of Roy Ostlund to Equipment Operator I, be received and placed on file. Motion carried. 85688 - Moved by Dowie, seconded by Seeber that communication from Planning, Programming, and Zoning Commission transmitting recommendation in proposed increase on garbage fees from current rate of $4.50/month to $4.80/month to cover increased labor costs and equipment replacement together with Mayor's Citizen's Budget Review Committee's recommendation of approval be received, placed on file and "Resolution setting date of hearing as May 14, 1984 at 7:00 p.m. in the City Hall Council Chambers on above described proposal be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Six. Nays: Lichty. f �a Resolution adopted and upon approval by Mayor assigned No. 1984-440%, 85689 - Moved by Klinger, seconded by Wright that the following requests for permission to attend functions with expenses not to exceed amounts shown, be received, placed on file and approved: Attend Functions Police Officer to attend Iowa Law Enforcement Academy, May 7 - June 8, 1984, cost not to exceed $165.75. Police Sergeant to attend Workshop on "How to do on the Job Training", Des Moines, May 22-24, 1984, cost not to exceed $140.40 plus use of City vehicle. Acting Community Development Administrator and Flood Control Representative to attend Water Resources Congress, New Orleans, La., May 31 -June 2, 1984, cost not to exceed $1,782.00. Fire Captain and Lieutenant to attend Fire Department Instructor's Conference, Ames, May 1-4, 1984, cost not to exceed $300.00. Eleven Fire personnel to attend Triage in Tauma XII for paramedic recertification, Waverly, May 10-12, 1984, cost not to exceed $355.00. Motion carried. --N, '1 1 11 ., May 7, 1984 MISCELLANEOUS 85690 - Moved by Getty, seconded by Dowie N Page Seven 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 following Cigarette Permit License, Dance License Application and Fireworks Display Application be received, placed on file and approved: Beer and Liquor Permit Application Class C Amyet, 32 Lafayette, (Renewal) (Expires 5/14/85), plus Sunday Sales D & K Inc., 315 Park Road, (Old location -new owner) (Expires 5/24/85), plus Sunday Sales Beer and Liquor Permit Application ass C Cajun Country,,1607 Division, (Old location -new owner) (Expires 5/7/85) Crossroads Center Association, 124 Crossroads Blvd., (14 day) (Expires 5/27/84) Ernies Bar, 2000 Hawthorne (Expires 5/8/85) (New) Beer Permit Application plus Sunday Sales Class B Godfather Pizza, 1946 Schukei Road, (Renewal) (Expires 5/17/85) Happy Joe's Pizza, 918 Washington, (New owner -new location) Cigarette Permit Application The Galley, Bertch Avenue Dance License Application The Hitchin Post, 749 Rainbow Fireworks Dislay Application Crossroads Center Merchants Association, Inc., 124 Crossroads Motion carried. 85691 - Assistant City Attorney Donna Lesyshen, spoke regarding the recommendation for suspension of Liquor License of the Loading Dock Inn. Lesyshen stated that the Council had several choices of action that they could take. She would recommend that the City Council suspend the Loading Dock Inn Liquor License for 14 days. Mr. Loren B. Armstrong, owner of the Loading Dock Inn stated that this was his first offense and asked the Council to take this into consideration when making a decision. Moved by Getty, seconded by Lichty that the communication from the City Attorney transmitting the suspension of liquor License of the Loading Dock Inn, 435 Sycamore be received, placed on file and the Loading Dock Inn be placed on notice that if the council receives additional complaints regarding the Loading Dock Inn the City will be forced to take further action and the Clerk/Auditor is instructed to notify Mr. Armstrong of the same. Prior to the vote, City Attorney Dave Tyler asked the Council that a time limit be placed on this warning to the Loading Dock Inn. Moved by Seeber, seconded by Wright to the amend the original motion and to place a time limit on the warning to the Loading Dock Inn until March 28, 1985. Ayes: Five. Nays: Dowie and Lichty. Motion carried. May 7, 1984 Page Eight MISCE TAMUS CONTINUED 85692 - Moved by Dowie, seconded by Getty that taxicab licenses renewals of Yellow Cab Company be received, placed on file and denied until the taxi cabs come into compliance with the recommendations of the Police Department. Motion carried. BONDS 85693 - Moved by Getty, seconded by Klinger that the report of City Attorney and list of bonds filed with Clerk through May 7, 1984, be received, placed on file and report and bonds approved. Motion carried. . T T/�T 1TLT ITTlfil 85694 - Moved by Wright, seconded by Getty that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor --*-I -IN