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HomeMy WebLinkAbout04/16/84April 16, 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 April 16, 1984. Mayor Bowers in the Chair. Roll call: Seeber, Dowie, Wright, Getty, Lichty, Klinger. Absent: Penaluna. Invocation by Seeber. Councilman Penaluna now present. 85580 - Moved by Klinger, seconded by Seeber that the Agenda, as amended for the Regular Session of April 16, 1984, at 7:00 p.m., be accepted and approved. Motion carried. 85581 - Mowed by Seeber, seconded by Dowie that the Minutes of the Regular Session held April 9, 1984, at 7:00 p.m., be approved. Motion carried. ORAL PRESENTATIONS 85582 - Co ncilperson Wright presented a petition from Faith Temple Baptist - SBC of 415 Walnut Street requesting that the parking in the 500 block of Lime Street be changed to allow parking for evening services. Currently parking is restricted except on Sunday. The matter was referred to the Sign and Traffic Department for review. Councilperson Lichty asked that the two way traffic on Commercial Street be reviewed since its alteration from two-way traffic to one-way traffic. Moved by Getty, seconded by Dowie to refer the above matter to the Sign and Traffic Department for recommendation. Motion carried. UNFINISHED BUSINESS 85583 - Neighbors reported that they wanted a stop sign on Oneida at its intersection with Beech Street. Moved by Getty, seconded by Wright that communication from Sign & Traffic Department transmitting recommendation on Stop Sign at Beech and Oneida Streets be received, placed on file, and City Attorney instructed to amend the traffic ordinance to reflect a stop sign on Oneida Street, with its intersection with Beech Street. Motion carried. k April 16, 1984 UNFINISHED BUSINESS CONTINUED 85584 - Moved by Getty, seconded by Wright Page Two that additional petitions requesting City Ordinance to restrict or eliminate the sale or possession of drug paraphernalia and drug magazines in the City of Waterloo be received and placed on file. Motion carried. 85585 - Assistant City Attorney Donna Leseyshen outlined her memo of April 13, 1984, which raised five (5) issues for the Council's consideration prior to enactment of a drug paraphernalia ordinance. Rosemary Dittmer, 518 Denver spoke.in support of the Council's enactment of an ordinance. Moved by Dowie, seconded by Seeber that communication from City Attorney making report on Cedar Valley Parent Support Group request for restriction or elimination of the sale or possession of drug paraphernalia and drug magazines in the City of Waterloo be received, placed on file and action deferred for two (2) weeks and the Police Department asked for input. Motion carried. PETITIONS FRCM PUBLIC 85586 - Moved by Dowie, seconded by Lich�y that communication from City Engineer transmitting request of Dermis Reuter for temporary concrete driveway at 621 Eureka Street, together with City Engineer's recommendation of approval, be received, placed on file and "Resolution approving said waiver grade", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-133. 85587 - Moved by Wright, seconded by Lichty that communication from Planning, Programming, and Zoning Commission transmitting request of William Benson to rezone from "A-1" Agricultural District to "C-1" Commercial District a parcel of property located north of Newell Street and east of Spring View Street, together with Planning, Programming and Zoning Commission's recommendation of approval, be received, placed on file, and "Resolution setting date of hearing as May 7, 1984 at 7:00 p.m. in the City Hall Council Chambers on above described request", be adopted and Clerk/Auditor instructed to publish notice accordingly. Ayes:Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-134. 85588 - Michael Conley, 2529 W. 9th asked that he be allowed to begin construction prior to a public hearing as he had the written authorization from Northwestern Bell and Iowa Public Service. Moved by Penaluna, seconded by Dowie that communication from Planning, Programming, and Zoning Commission transmitting request of Michael. Conley, 2529 W. 9th Street to reduce 8' utility easement in rear yard to 51,'together with Planning, Programming and Zoning Commission's recommendation of approval, be received, placed on file, and "Resolution setting date of hearing as May 7, 1984 at 7:00 p.m. in the City Hall Council Chambers on above described request", be adopted and Clerk/Auditor instructed to publish notice accordingly. Ayes: Ssyen. Resolution adopted and upon approval by Mayor assigned No. 1984-135. '4-N April 16, 1984 85589 - Moved by Klinger, seconded by Penaluna Page Three that coommication from City Engineer transmitting construction review of.Sanitary Sewer Crossing of relocated U.S. Highway 20 East of Kimball Avenue (Hope Martin Anderson), be received, placed on file and approved. Motion carried. 85590 - Moved by Klinger, seconded by Penaluna that communication from City Engineer transmitting construction review of Sanitary Sewer Crossing of relocated U.S. Highway 20 West of Kimball Avenue.(Black Hawk Development Corporation), be received, placed on file and approved. Motion carried. 85591 - Moved by Penaluna, seconded by Getty that communication from City Attorney transmitting Lease Agreement with Northwestern Bell Telephone Company for parking lot adjacent to their property at 403 Sycamore for a period of one (1) year at a cost of $900.00 be received, placed on file and 'Resolution approving said lease agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-136. RESOLUTIONS TO BE ADOPTED 85592 - Moved by Getty, seconded by Seeber that 'Resolution transferring from the Federal Revenue Sharing Fund the sum of One Hundred Forty Five.Thousand Dollars ($145,000) to the General Fund", be adopted. Ayes: Six. Nays: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-137. 85593 - Moved by Getty, seconded by Seeber that "Resolution transferring from the Tax Increment Financing Fund the sum of One Hundred Fifty Six Thousand Dollars ($156,000) to the Debt Service Fund", be adopted. Ayes: Six. Nays: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-138. 85594 - Moved by Getty, seconded by Seeber that 'Resolution transferring from the Trust and Agency Fund the sum of Seventeen Thousand Two Hundred Forty -Five and 43/100 Dollars ($17,245.43) to the General Fund", be adopted. Ayes: Six. Nays: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-139. 0 April 16, 1984 85595 - Moved by Getty, seconded by Seeber Page Four that "Resolution transferring from the Sewer Rental Fund the sum Of One Hundred Thousand ($100,000.00) to the Debt Service Fund", be adopted. Ayes: Six. Nays: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-140. 85596 - Moved by Penaluna, seconded by Klinger that "Resolution authorizing transfer of various capital funds", be adopted. Ayes: Six. Nays: Lichty. Resolution adopted and upon approval by Mayor, assigned No. 1984-141. 85597 - Moved by Klinger, seconded by Wright that "Resolution reaffirming the City of Waterloo's action in attaining goals and objectives as related to minority, female, and disadvantaged business enterprise participation in City Projects", be adopted. Ayes: Seven.' Resolution adopted and upon approval by Mayor assigned No. 1984-142. 85598 - Moved by Lichty, seconded by Wright that "Resolution approving agreement with Cooperative Personnel Services and directing execution of said agreement by Personnel Director", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-143. 85599 - Hugh Field, Chairman of the Task Force on Greyhound Dog Racing, reported that a site is being considered. This resolution is substantially in the same form as the one adopted on April 9, 1984 (see CR85564). by Getty, seconded by Penaluna that "Resolution authorizing execution of Memorandum of Agreement with National Cattle Congress for issuance of Industrial Development Revenue Bands --not to exceed $10,000,000.00", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-144. 85600 - Moved by Klinger, seconded by Seeber that "Resolution instructing the Planning, Programming and Zoning Commission staff to proceed with the establishment of urban revitalization district known as the West Washington Urban Revitalization Area", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-145. April 16, 1984 Q • W OU� Page Five 85601 - Bruce Bottorff, Superintendent of Water Pollution Control Plant, reported that the City would be monitoring commercial businesses in the -community for disposition of hazardous waste into the sewer system. Moved by Getty, seconded by Klinger that "Resolution approving Industrial Pretreatment Program and.its implementation", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-146. ORDINANCES TO BE ADOPTED 85602 - Moved by Penaluna, seconded by Dowie that "Ordinance amending Ordinance 2479, known as the Zoning Ordinance by Repealing: Part XIX, Parking and Loading Areas, Public Garages, Parking Lots and Filling Stations, Section 2A-45, Off -Street Parking Area Required, Subsection B, General Requirements and enacting in lieu thereof: Part XIX, Parking and Loading Areas, Public Garages, Parking IAts and Filling Stations, Section 2A-45, Off -Street Parking Area Required, -Subsection B, General Requirements", be received, placed on file, passed and considered for the second time. Ayes: Seven. Motion carried. 85603 - Moved by Dowie, seconded by Seeber that "Ordinance vacating a portion of Alexandra Circle", be received, filed, considered and passed for the third time. Ayes: Seven. Motion carried. 85604 - Moved by Dowie, seconded by_Klinger that "Ordinance vacating a portion of Alexandra Circle", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3333. 85605 — Moved by Klinger, seconded by Dowie that "Resolution authorizing the sale and conveyance of a portion of Alexandra Circle to Youngblut Construction Company, Inc.", be adopted and City Attorney instructed to prepare deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-147. 85606 - Jim Martin, Attorney, representing the adjacent property owners (Floyd Brinker and John Rollins), spoke against the sale to Joe Minard Construction Inc. Craig Brinker, son of one (1) of the adjacent property owners, spoke against the request. Millard McNabb, 3746 Cedar Terrace Drive, stated that the City's sale of $.10/sq. ft. is far less than market value, based on a recent purchase he had made in the area. Don Temeyer, Planning, Programming, and Zoning Commission Director, reported that it was the City's past policy to sell unbuildable property at $.10/sq. ft. April 16, 1984 Page Six ORDINANCES TO BE ADOPTED CONTINUED 85606 - Moved by Getty, seconded by Penaluna (tet) that 'ordinance vacating portion of Ridgeway Avenue generally located between LaPorte Road and relocated Highway 218", be received, filed, passed and considered for the third time. Ayes: Five. Nays: Lichty and Klinger. Motion carried. 85607 - Moved by Getty, seconded by Dowie that 'ordinance vacating portion of Ridgeway Avenue generally located between LaPorte Road and relocated Highway 218", be adopted. Ayes: Five. Nays: Lichty and Klinger. , Ordinance adopted and upon approval by Mayor assigned No. 3334. 85608 - Moved by Dame, seconded by Getty that "Resolution authorizing the sale and conveyance of a portion of Ridge�ay Avenue generally located between LaPorte Road and relocated Highway 218'to Joe Minard Construction, Inc.,", be adopted and City Attorney instructed to prepare deed accordingly. Ayes: Five. Nays: Lichty and Klinger. Resolution adopted and upon approval by Mayor assigned No. 1984-148. 85609 - Moved by Dowie, seconded by Klinger that 'ordinance amending Chapter 34, Utilities, by Repealing Subsection (6) regarding Sewer Rental Charges of Section 34-43; and enacting in lieu thereof a new Subsection (6) regarding Sewer Rental Charges of Section 34-43", be received, filed, passed and considered for the first time. Ayes: Six. Nays: Lichty. Motion carried. NEW BUSINESS 85610 - Moved by Seeber, seconded by Klinger that communication from City Engineer transmitting recommendation on appointment of Mark Graham as Associate Civil Engineer, be received and placed on file. Motion carried. 85611 - Moved by Klinger, seconded by Dowie that the following requests for permission to attend functions with expenses not to exceed amounts shown, be received, placed on file and approved: Travel Requests Two (2) Engineering Department Personnel to attend American Public Works Association 1984 Tri-State Conference, Janesville, Wisconsin, May 2-4, 1984, $360 plus use of City vehicle. Motion carried. �A r 0 April 16; 1984 MISCELLANEOUS 85612 - Moved by D wie, seconded by Klinger 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: Beer and Liquor Application Permit plus Sunday Sales Class C Steamboat Gardens, Inc., 1749 Falls Avenue, (New) (Expires 6/13/84) Scottie Burns dba Thunderbird Tap, 715 Ansborough (Renewal) (Expires 5/4/84) Billiards Pocket Lounge, The Pocket, 3295 University Avenue, (Renewal) (Expires 4/19/85) Beer Application Permit plus Sunday Sales Class B American Marketing Association, 3105 Shirley Road (14 day) (New) (Expires 5/11/84) Beer Application Permit plus Sunday Sales Class C Quik Trip, 4335 LaPorte Road, (Renewal) (Expires 6/25/85) Muether's Inc. Super Valu, 710 Broadway, (Renewal) (Expires 4/23/85) Motion carried. 85613 - Larry P. Burger, City Clerk/Auditor reviewed his memo of April 13, 1984, regarding the Pawnbroker's License for Steven Southworth. Moved by Seeber, seconded by Klinger that the following Pawnbroker's License application be received, placed on file and,License #32 issued to the Mr. Steven M. Southworth, 1202 Sycamore, be revoked. Motion carried. 85614 - Moved by Dowie, seconded by Klinger that a date of hearing on the revocation of the license mentioned above be set as Monday, April 23, 1984, at 7:00 p.m., in the City Hall Council Chambers and the Clerk/Auditor instructed to notify Mr. Southworth accordingly. Motion carried. 85615 - Moved by Getty, seconded by Klinger that the report of City Attorney and list of bands filed with Clerk through April 16, 1984, be received, placed on file and report and bonds approved. Motion ca.rri ed . i i. April 16, 1984 Page Fight ADJOURNMENT 85616 - Mayor Bowers and Council tkanlcied Mr. 'Dale Mercer for his many hours of dedication to the City as Community Development Administrator. Councilman Penaluna reported that a Goal Setting Planning Session would be held on May 4 and 5, 1984, with members of the Council and Tito Shields, with the Institute of Public Affairs at the University of, Iowa. Moved by Getty, seconded by Dowie that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor