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HomeMy WebLinkAbout07/16/84July 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 July 16, 1984. Mayor Bowers in the Chair. Roll call: Getty, Penaluna, Klinger, Seeber, Dowie, and Wright. Absent: Lichty. Invocation by: Klinger. 86088 - Moved by Dowie, seconded by Getty that the Agenda, as amended for the Regular Session of July 16, 1984, at 7:00 p.m., be accepted and approved. Motion carried. 86089 - Moved by Wright, seconded by Seeber that the Minutes of the Regular Session of July 9, 1984, at 7:00 p.m. be accepted and approved. Motion carried. HEARINGS 86090 - Moved by Getty, seconded by Dowie that proof of publication of notice of public hearing of proposed plans, specifications, form of contract, etc. for Electricity to Natural Gas Utility Conversion of Public Housing, Ridgeway Towers as published in the Waterloo Courier on July 6, 1984 be received and placed on file. Motion carried. 86091 - HOLD HEARING --This being the time and place of hearing, the Mayor called for oral and written objections and there were none. Moved by Dowie, seconded by Klinger that "Resolution confirming approval of plans, etc.," be adopted. Ayes: Six. Absent: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-312 86092 - Moved by Getty, seconded by Penaluna that "Resolution ordering construction," be adopted. Ayes: Six. Absent: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-313. 86093 - Moved by Klinger, seconded by Wright that proof of publication of notice of public hearing on plans, specifications, on FY 1984 East Park Avenue Improvements, Contract No. 263 as published in -the Waterloo Courier on June 29, 1984 be received and placed on file. Motion carried. July 16, 1984 HEARINGS CONTINUED Page 2 86094 - HOLD HEARING --This being the time and place of hearing, the Mayor called for oral and written objections and there were none. Moved by Wright, seconded by Dowie that "Resolution approving plans, specification, form of contract and estimate of cost and authorize Iowa Department of Transportation to proceed," be adopted. Ayes: Six. Absent: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-313A. ORAL PRESENTATIONS 86095 - The resident of 315 East 10th Street asked that action be taken regarding the occupants of 306 East 10th Street. Constant disturbance, parties, bad language, and fighting characterize the past few weeks of activities at the residence. Moved by Getty, seconded by Dowie that the above matter be received, placed on file, and referred to the Police Department for review. Motion ca.rri ed . 86096 - Ralph "Dutch" Strohecker, 1512 West 11th Street (the City's former Electrical Inspector), reported that the City was enforcing standards that were not authorized by City Ordinance and/or National Electrical Code. He questioned the authority to do so and asked that the Council take action to rescind said action of the Building Official. Bill Boesen, temporary Electrical Inspector, stated that the Electrical Code does permit him to inspect carry out enforcement as outlined in his letter of July 11, 1984 to Electrical Contractors. He also reported that several private electrical jobs are underway without City permits. Moved by Getty, seconded by Wright that the above remarks be received, placed on file, and referred to City Attorney and Building Department and that all electrical work being conducted in the City of Waterloo without a permit be suspended immediately, Lentil such time as a permit is obtained. Ayes: Four. Nays: Penaluna, Klinger. Absent: Lichty. Motion carried. 86097 - Councilperson Klinger presented a petition from Sue Cook, 1629 Pleasant Valley Drive, Apartment 5, for a street light near said location. Moved by Klinger, seconded by Seeber that the above request be received, placed on file, and referred to the City Electrician. Motion carried. 86098 - City Attorney Dave Tyler reported that the situation at West 15th and Commercial Street (see CR86075 of July 9, 1984) had been reviewed by the Attorney's staff. The owner is taking appropriate action to mitigate the situation. Councilperson Getty reported that he had received several complaints from area residents regarding the paint smell at Quality Refinishing, 2059 Logan Avenue. A fire within the structure occurred recently that may force the relocation of the business. Moved by Getty, seconded by Dowie that the above matter be received, placed on file, and referred to Health and Sanitation, City Attorney, and Planning, Programming, and Zoning. Motion carried. '""N July 16, 1984 PETITIONS FROM PUBLIC 86099 - Moved by Getty, seconded by Penaluna Page 3 that request of Culligan Water Conditioning, 207 Rainbow Drive, for variance to Ordinance No. 3094, Noise Ordinance, for July 20, 1984 for three (3) to four (4) hours, beginning at 9:00 a.m. for purposes of cleaning brine pit, together with recommendation of approval of Police Department, be received, placed on file, and "Resolution approving said variance," be adopted. Ayes: Six. Absent: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-314. 86100 - Moved by Dowie, seconded by Seeber that communication from City Engineer transmitting request of Neal Siebert, 1310 South Hackett Road, for installation of street light at said location, together with recommendation of approval be received, placed on file, and "Resolution approving said installation," be adopted and Clerk/Auditor instructed to notify Iowa Public Service accordingly. Ayes: Six. Absent: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-315. 86101 - Moved by Dowie, seconded by Seeber that communication from City Engineer transmitting request of John Bishop, 184 Graceline Boulevard, for temporary concrete driveway without regard to sidewalk grade, together with recommendation of approval be received, placed on file, and "Resolution approving said request," be adopted. Ayes: Six. Absent: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-316. 86102 - Moved by Dowie, seconded by Seeber that communication from Planning, Programming, and Zoning Commission transmitting request of Pepsi-Cola Botting Company, 1424 Burton Avenue, to vacate the southern thirteen (13) feet of a permanent utility easement generally known as vacated Thorson Avenue (formerly Whitney Avenue) lying between Burton Avenue and Thomas Street, together with recommendation of approval be received, placed on file, and "Resolution setting date of hearing as August 6, 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 of hearing accordingly. Ayes: Six. Absent: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-317. 86103 - Moved by Dowie, seconded by Seeber that communication from Planning, Programming, and Zoning Commission transmitting request of James L. Rooff, Jr., to rezone from "C-2" Commercial District to "M-1" Light Industrial District a parcel of approximately 2.3 acres, generally located north of Independence Avenue and west of Bishop Avenue, together with recommendation of denial be received, placed on file, and "Resolution setting date of hearing as August 6, 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 of hearing accordingly. Ayes: Six. Absent: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-318. July 16, 1984 Page 4 PETITIONS FROM PUBLIC CONTINUED 86104 - Moved by Dowie, seconded by Seeber that communication from Planning, Programming, and Zoning Commission transmitting request of James L. Rooff, Jr., for special permit request for operation of auto salvage yard on parcel of property generally located north of Independence Avenue and west of Bishop Avenue together with recommendation of denial, be received, placed on file, and "Resolution setting date of hearing as August 6, 1984 at 7:00 p.m. in City Hall Council Chamber on above described request," be adopted and City Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Lichty. Resolution adopted and upon approval of Mayor assigned No. 1984-319. 86105 - Moved by Dowie, seconded by Seeber that the Clerk/Auditor be instructed to prepare a Consent Agenda for future meetings to allow for more efficient conduct of the Council meetings. Motion carried. 86106 - Moved by Getty, seconded by Wright that City Auditor's statement for June, 1984, be received and placed on file. Motion carried. 86107 - Moved by Getty, seconded by Wright that Community Development Board Minutes for June 12, 1984, be received and placed on file. Motion carried. 86108 - Moved by Klinger, seconded by Getty that communication from City Engineer transmitting contracts with Wayne Claassen Engineering and Surveying, Inc. for design engineering services for replacement of following four (4) bridges: FY 1985 Burton Avenue Bridge Replacement, BROS-07WA(1)--8J-07 FY 1985 East Orange Road Bridge Replacement, BRM -6460(1)--8N-07 FY 1985 East Shaulis Road Bridge Replacement, BROS-07WA(2)--8J-07 FY 1985 Wagner Road Bridge Replacement, BRM -6589(2)--8N-07 together with recommendation of approval be adopted, placed on file, and "Resolution approving said document," and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-320. —11 �-' July 16, 1984 Page 5 DOCUMENTS CONTINUED 86109 - Moved by Getty, seconded by Klinger that communication from Transportation Program Manager transmitting Agreement for Use of City Streets with Iowa Department of Transportation known as Wagner Road during reconstruction of U.S. Highway 63 from Donald Street to Dunkerton Road (C-66), from approximately April 1, 1986 to November 15, 1986, together with recommendation of approval be received, placed on file, and "Resolution approving said document," be adopted and Mayor and City Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-321. 86110 - Moved by Seeber, seconded by Wright that communication from Transportation Program Manager transmitting Supplemental Agreements with Brice, Petrides, and Associates, Inc. for following projects: Donald Street IX -6662(1)--79-07 Fifth and Sixth Street IX -6653(2)--79-07 San Marnan Drive IX -6498(1)--79-07 Ansborough Avenue IX -6615(1)--79-07 for the purposes of involvement of Disadvantaged Business Enterprise (DBE), together with recommendation of approval be received, placed on file, and "Resolution approving said documents," be adopted and Mayor and City Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-322. 86111 - Moved by Getty, seconded by Dowie that communication from Planning, Programming, and Zoning Commission transmitting F.Y. 1985-89 Capital Improvements Program, together with recommendation of approval of Public Works Committee be received, placed on file, and "Resolution approving said document," be adopted. Ayes: Six. Absent: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-323. 86112 - Moved by Dowie, seconded by Penaluna that communication from City Engineer transmitting recommendation of acceptance for the Foundation for Sewer Department Building at Water Pollution Control Plant, Contract No. 261 from Chuck Heene Construction, Inc. be received, placed on file, and "Resolution approving said document," be adopted. Ayes: Six. Absent: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-324. 86114 - Moved by Klinger, seconded by Getty that communication from Planning, Programming, and Zoning Commission transmitting request of Pepsi-Cola Botting Company, 1424 Burton Avenue, for dedication of a thirteen (13) feet permanent utility easement generally known as vacated Thorson Avenue (formerly Whitney Avenue) lying between Burton Avenue and Thomas Street and a Hold Harmless and Indemnification Agreement to allow construction of a new addition, prior to vacation of easement (see CR 86102 of July 16, 1984 above), together with Programming, Planning, and Zoning Commission's recommendation of approval be received, placed on file, and "Resolution approving said dedication of utility easement and Hold Harmless and Indemnification Agreement dated July 12, 1984 from Pepsi-Cola Bottling Company of Waterloo," be adopted. Ayes: Six. Absent: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-325. July 16, 1984 Page 6 RESOLUTIONS TO BE ADOPTED 86114 - Moved by Seeber, seconded by Dowie that "Resolution approving agreements with Brasch Realtors and Appraisal Associates for Hackett Road By -Pass, and directing execution of said agreements by Mayor," be adopted. Ayes: Six. Absent: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-326. 86115 - Moved by Klinger, seconded by Dowie that "Resolution readopting resolution of necessity in conjunction with F.Y. 1985 Paving Program, Contract No. 266," be adopted. Ayes: Six. Absent: Lichty. (See Resolution No. 1984-286 of July 2, 1984.) Resolution adopted and upon approval by Mayor assigned No. 1984-327. ORDINANCES TO BE ADOPTED 86116 - Moved by Getty, seconded by Seeber that "an Ordinance amending Ordinance No. 2644, known as the Traffic Code by repealing Subsections (48) Iowa Highway 412 (49) Iowa Highway 4.12, and (85b) San Marnan Drive of Section 541, increasing speed limits in certain areas; and by enacting in lieu thereof new subsections (85b) San Marnan Drive (access), (85c) San Marnan Drive to Section 541, increasing speed limits in certain areas", be received, placed on file, passed and considered for the second time. Ayes: Seeber. Absent: Lichty. Motion carried. 86117 - Moved by Getty, seconded by Seeber 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: Six. Absent: Lichty. Motion carried. 86118 - Moved by Getty, seconded by Seeber that "an Ordinance amending Ordinance No. 2644, known as the Traffic Code by repealing Subsections (48) Iowa Highway 412, (49) Iowa Highway 412, and (85b) San Marnan Drive of Section 541, increasing speed limits in certain areas; and by enacting in lieu thereof new subsections (85b) San Marnan Drive (access), (85c) San Marnan Drive to Section 541, increasing speed limits in certain areas," be adopted. Ayes: Six. Absent: Lichty. Ordinance adopted and upon approval by Mayor assigned No. 3349. 86119 - Moved by Getty, seconded by Seeber that "an Ordinance amending Ordinance No. 2644, known as the Traffic Code, by repealing Subsection (9) Park Avenue (East and West) of Section 542, one-way streets and alleys; and enacting in lieu thereof new Subsection (9) Park Avenue (East) to Section 542, one-way streets and alleys; and by repealing Subsection (28) Park Avenue (West) of Section 545, Yield Streets", be received, placed on file, passed and considered for the second time. Ayes: Six. Absent: Lichty. Motion carried. ko July 16, 1984 Page 7 ORDINANCES TO BE ADOPTED CONTINUED 86120 - Moved by Getty, seconded by Seeber 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: Six. Absent: Lichty. Motion carried. 86121 - Moved by Klinger, seconded by Seeber that "an Ordinance amending Ordinance No. 2644, known as the Traffic Code, by repealing Subsection (9) Park Avenue (East and West) of Section 542, one-way streets and alleys; and enacting in lieu thereof new Subsection (9) Park Avenue (East) to Section 542, one-way streets and alleys; and by repealing Subsection (28) Park Avenue (West) of Section 545, Yield Streets", be adopted. Ayes: Six. Absent: Lichty. Ordinance adopted and upon approval by Mayor assigned No. 3350. 86122 - Moved by Getty, seconded by Klinger that "an Ordinance amending Ordinance No. 2644, known as the Traffic Code by repealing Subsections (39) Fourth Street (West), (47) Iowa Highway 412 and (86) San Marnan Drive of Section 543, Thru Streets; and enacting in lieu thereof new Subsections (39) Fourth Street (West) and (86) San Marnan Drive to Section 543, Thru Streets; and by adding new Subsection (103a) Wellington Street to Section 543, Thru Streets", be received, placed on file, passed and considered for the second time. Ayes: Six. Absent: Lichty. Motion carried. 86123 - Moved by Penaluna, 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: Six. Absent: Lichty. Motion carried. 86124 - Moved by Seeber, seconded by Klinger that "an Ordinance amending Ordinance No. 2644, known as the Traffic Code by repealing Subsections (39) Fourth Street (West), (47) Iowa Highway 412 and (86) San Marnan Drive of Section 543, Thru Streets; and enacting in lieu thereof new Subsections (39) Fourth Street (West) and (86) San Marnan Drive to Section 543, Thru Streets; and by adding new Subsection (103a) Wellington Street to Section 543, Thru Streets", be adopted. Ayes: Six. Absent: Lichty. Ordinance adopted and upon approval by Mayor assigned No. 3351. 86125 - Moved by Klinger, seconded by Seeber that "an Ordinance establishing and designating boundaries of Urban Revitalization area known as West Washington Urban Revitalization -(West Park Avenue Washington Street, South Street and West Mullan"), be adopted. Ayes: Six. Absent: Lichty. Ordinance adopted and upon approval by Mayor assigned No. 3352. July 16, 1984 Page 8 ORDINANCES TO BE ADOPTED CONTINUED 86126 - Moved by Klinger, seconded by Getty that "an Ordinance vacating portion of sixteen (16) feet alley located between Rhey Street and Linden Avenue and south of Independence Avenue", be received, placed on file, passed and considered for the second time. Ayes: Five. Nays: Wright. Absent: Lichty. Motion carried. 86127 - Moved by Getty, seconded by none that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended, and that above ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. (See CR 86126 above). Motion dies for lack of a second. 86128 - Moved by Penaluna, seconded by Klinger 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: Six. Absent: Lichty. Motion carried. 86129 - Moved by Penaluna, seconded by Dowie that "an Ordinance vacating three (3) feet of an eight (8) feet utility easement on Lot 125, Central Heights Addition" (3909 Monterey Drive), be adopted. Ayes: Six. Absent: Lichty. Ordinance adopted and upon approval by Mayor assigned No. 3353. NEW BUSINESS 86130 - Moved by Dowie, seconded by Seeber that coamunication from Water Pollution Control Plant Superintendent transmitting appointment of Janice Olson to position of Operator I be received and placed on file. Motion carried. 86131 - Moved by Dowie, seconded by Seeber that communication fran Mayor Del Bowers transmitting recommendation on appointment of Michael Glenz to Civil Service Commission, term expiring April 1, 1990 and reappointment of Dave Juon to Civil Service Commission, tern expiring April 1, 1988 be received, placed on file, and approved. Motion carried. 86132 - Moved by Dowie, seconded by Seeber that communication from Fire Chief transmitting retirement of Anthony Budak effective June 30, 1984, together with entitlement of vacation pay d sick leave in the amount of $16,268.65, be received, placed on file, and "Resolution approving said payment", be adopted. Ayes: Six. an Absent: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-328. "N 11°10' "*N July 16, 1984 NEW BUSINESS CONTINUED 86133 - Moved by Dame, seconded by Seeber Page 9 that communication from Fire Chief transmitting retirement of Laverne Cutsforth effective June 30, 1984, together with entitlement of vacation pay and sick leave in the amount of $18,787.08, be received, placed on file, and "Resolution approving said payment", be adopted. Ayes: Six. Absent: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1984-329. 86134 - Moved by Dowie, seconded by Seeber that communication from Fire Chief transmitting list of officers the eligible for clothing allowance for first half of F.Y. 1 amount of $225.00 each, together with recommendation of approval be received, placed on file, and "Resolution approving said payment, be adopted. Ayes: Six. Absent: Lichty. Resolution adopted and upon approval of Mayor assigned No. 1984-330. 86135 - Moved by Dawie, seconded by Seeber that communication from Fire Department transmitting recommendation on promotion of Michael Pierce to the rank of Fire Equipment Operator be received and placed on file. Motion carried. MISCELLANEOUS 86136 - Moved by Penaluna, seconded by Klinger 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 License Permit Application Class C Jim's Lounge, 1406 Commercial (Old Location -New Owner) (Expires 8/7/85) Beer and Li uor License Permit A lication Class C (also Sun a a es Rail's End, 110 Ida Renewal) (Expires 7/24/85) Beer License Permit Application_ Class B o s, 622 Water (New) (Expires 7/5/85) Motion carried. 86137 - Moved by Penaluna, seconded by Klinger that the following applications for Alarm Businesses be received, placed on file and approved: Black Hawk Electric Company, 1510 Falls Avenue All County Electrical Corp., 1002 Upton Avenue Motion carried. July 16, 1984 Page 10 MISCELLANEOUS CONTINUED 86138 - Moved by Penaluna, seconded by Klinger that the following applications for Junk Dealers be received, placed on file, and approved. Weissman Iron & Metal, Inc., 700 Falls Avenue Black Hawk Iron & Metals, 2724 Lafayette James L. Rooff, Jr., Lowell and Mitchell Avenue (2 Locations) Motion carried. 86139 - Moved by Penaluna, seconded by Klinger that the following applications for Automobile Salvage Yards be received, placed on file, and approved. Nathan Lipkin dba Commercial Auto, 1330 Commercial Street Wilber Auto Sales, 2220 Easton Waterloo Auto Parts, 1501 Grandview James L. Rooff, Jr., Lowell and Mitchell Avenue (2 locations) Richard Beenken, 953 Fulton Quail's Auto Salvage, 202 Glendale Motion carried. 86140 - Moved by Penaluna, seconded by Klinger that the following applications for 17 Cigarette Renewal Applications be received, placed on file, and approved. Motion carried. 86141 - Moved by Dowie, seconded by Klinger that the beer garden for Ernies 50's Lounge, 2000 Hawthorne, be approved for July 21, 1984, subject to the City Attorney's recommendation that a fence be erected around the entire outside area where liquor would be consumed and that the only entrance to the fenced in area be through the rear exit door. Motion carried. 86142 - Moved by Getty, seconded by Wright that the Junk Dealer's License for Howard's Recycling Center, 900 Fulton, be delayed for one (1) week to clarify the business location of the site. Motion carried. ,l n*1 86143 - Moved by Penaluna, seconded by Wright that the report of the City Attorney list file andbonds report and bonds Clerkthrough July 16, 1984 be received, placed on approved. Motion carried. ADJOURNMENT 86144 - Moved by Getty, seconded by Seeber that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor ..` ,/`