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HomeMy WebLinkAbout07/09/84v _4 Ak• "ON 11*N July 9, 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 9, 1984. Mayor Bowers in the Chair. Roll call: Seeber, Wright, Getty, Lichty, Penaluna, and Klinger. Absent: Dowie. Invocation by: Getty. 86048 - Moved by Wright, seconded by Seeber, that the Agenda, as amended for the Regular Session of July 9, 1984, be 7:00 p.m. be accepted and approved. Motion carried. 86049 - Moved by Klinger, seconded by Lichty, that the Minutes of the Regular Session held July 2, 1984, at 7:00 p.m. be approved. Motion carried. HEARINGS 86050 - Moved by Seeber, seconded by Penaluna, that proof of publication of notice of public hearing on issuance of not to exceed $50,000.00 principal amount of General Obligation Bonds as published in the Waterloo Courier on June 26, 1984 be received and placed on file. Motion carried. 86051 - HOLD HEARING --This being the time and place of public hearing„ the Mayor called for written and oral objections and there were none. Moved by Seeber, seconded by Wright, that "Resolution instituting proceedings to take additional action for the issuance of $50,000 General Obligation Bonds," be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1984-302. 86052 - Moved by Getty, seconded by Klinger that proof of publication of notice of public hearing on issuance of not to exceed $7,600,000.00 principal amount of General Obligation Bonds as published in the Waterloo Courier on June 26, 1984 be received and placed on file. Motion carried. 86053 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Moved by Klinger, seconded by Getty, that "Resolution instituting proceedings to take additional action for the issuance of $7,600,000.00 General Obligation Bonds," be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1984-303. -4\ ,.N July 9, 1984 Page 3 86060 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Moved by Klinger, seconded by Penaluna that petition of objection be received and placed on file. Motion carried. 86061 - Mrs. Ken Kaeppel, 1434 Ansborough Avenue, spoke against the request. She did not want commercial uses adjacent to her property. Larry Rust, real estate agent for the property being requested for rezoning, reported that the "C-1" Commercial District designation would legalize the non -conforming use that has existed at this intersection prior to 1947. He stated that his client would be willing to amend the request by reducing the area to be rezoned to include only the Hop'n'Shop Store (the east fifty (50) feet of Lot 1, Meadowdale Second Filing, City of Waterloo, Black Hawk County, Iowa). Don Temeyer, Planning and Development Director, stated that the matter could be reconsidered by the Planning, Programming, and Zoning Commission to allow the neighborhood to be renotified of the amended request. Additionally, the Planning, Programming, and Zoning Commission may reconsider its recommendation of denial, which requires the three-fourths (3/4) vote of the City Council to override said recommendation. Moved by Penaluna, seconded by Klinger that the request of James Blackledge to rezone from "R-2" One and Two Family Residence District to "C-1" Commercial District property located at the northwest corner of the intersection of Ansborough Avenue and Black Hawk Road be referred to the Planning, Programming, and Zoning Commission to reconsider the amended request, as proposed by Larry Rust stated above. Ayes: Six. Absent: Dowie. Motion carried. 86062 - Moved by Klinger, seconded by Lichty that proof of publication of notice of public hearing to vacate portion of utility easement at 3909 Monterey Drive (Frank Donovan) as published in the Waterloo Courier on June 22, 1984 be received and placed on file. Motion carried. 86063 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for oral and written objections and there were none. Frank Donovan presented a petition of support from area property owners. Moved by Klinger, seconded by Wright that the above petition be received and placed on file. Ayes: Six. Absent: Dowie. Motion carried. July 9, 1984 I��� Ju��I►I�h 86070 - Moved by Getty, seconded by Wright Page 5 that communication from Senior Civil Engineer transmitting recommendation of acceptance for FY 1984 Lafayette Street Sanitary Sewer Extension, Contract No. 259 from Tschiggfrie Excavating of Dubuque, Iowa be received, placed on file, and "Resolution approving said document," be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1984-306. RESOLUTIONS TO BE ADOPTED 86071 - Moved by Wright, seconded by Getty that "Resolution authorizing submission of grant application to the State Office of Planning and Programming in the amount of $25,000.00 for renovation of the former East Side Carnegie Library (Iowa Community Cultural Grants Program)," be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1984-307. ORDINANCES TO BE ADOPTED 86072 - Moved by Getty, seconded by Klinger, 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 neva subsections (85b) San Marnan drive (Access), (85c) Marnan Drive to Section 541, increasing speed limits in certain areas," be received, placed on file, passed and considered for the first time. Ayes: Six. Absent: Dowie. Motion carried. 86073 - Moved by Getty, seconded by Wright 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 first time. Ayes: Six. Absent: Dowie. Motion carried. 86074 - Moved by Getty, seconded by Lichty 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 first time. Ayes: Six. Absent: Dowie. Motion carried. BILLS -PAYMENT 86075 - Moved by Getty, seconded by Seeber that 'Bills, Resolution Schedule A", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1984-308. July 9, 1984 Page 2 86054 - Moved by Seeber, seconded by Getty that proof ofblication of notice of public hearing on issuance of not to exceed $160,000.00 principal amount of General Obligation Bonds as published in the Waterloo Courier on June 26, 1984 be received and placed on file. Motion carried. 86055 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Moved by Klinger, seconded by Seeber that "Resolution instituting proceedings to take additional action for the issuance of $160,000.00 General Obligation Bonds," be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1984-304. 86056 - Moved by Wright, seconded by Getty that proof of publication of notice of public hearing to vacate, sell, and convey portion of sixteen (16) feet alley located between Rhey Street and Linden Avenue and south of Independence Avenue as published in the Waterloo Courier on June 22, 1984 be received and placed on file. Motion carried. 86057 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for oral and written objections. Moved by Penaluna, seconded by Klinger that petition of objection be received and placed on file. Motion carried. 86058 - Patricia Jackson, 616 Rhey Street, spoke in support of the vacation request, stating that the alley is used as a thru street. Moved by Getty, seconded by Klinger 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 first time. Ayes: Five. Abstain: Lichty. Absent: Dowie. Motion carried. 86059 - Moved by Getty, seconded by Lichty that proof of publication of notice of public hearing to rezone from "R-2" One and Two Family Residence District to "C-1" Commercial District property located northwest of intersection of Ansborough Avenue and Black Hawk Road, as published in the Waterloo Courier on June 22, 1984 be received.and placed on file. Motion carried. July 9, 1984 Page 4 86064 - Moved by Penaluna, seconded by Klinger that an Ordinance vacating three (3) feet of an eight (8) feet utility easement on Lot 125, Central Heights Addition," be received, placed on file, passed and considered for the first time. Ayes: Six. Absent: Dowie. Motion carried. ORAL PRESENTATIONS 86065 - Rosemary Mitchell, 1711 Commercial Street, presented a petition opposing the special permit request of the property generally located at the intersection of Commercial and West 15th Streets for the purposes of operating a metal yard. (The Planning, Programming, and Zoning Commission had reviewed the request at their meeting of July 9, 1984 at 4:00 p.m. in the City Hall Council Chambers, at which time the request was withdrawn). She asked that City' officials take the appropriate action to alleviate the unhealthy situation in the neighborhood. Moved by Klinger, seconded by Seeber that the above comments be received, placed on file, and that the above matter be referred to the Health and Sanitation Department and City Attorney for review. Motion carried. 86066 - Councilperson Klinger asked that arty Council member interested in studying S.F. 2228 relating to mobile homes with several members of the Planning, Programming, and Zoning Commission and staff should contact her. PETITIONS FROM PUBLIC 86067 - Moved by Lichty, seconded by Wright that communication from City Engineer transmitting request of Lloyd L. Mennenga, 1730 Seneca Avenue to construct temporary asphalt driveway, together with recommendation of approval be received, placed on file, and "Resolution approving said request," be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1984-305. .1. 86068 - Moved by Klinger, seconded by Wright that communication from Mayor Del Bowers designating July 22-29, 1984 as Food Bank Week (Christmas in July) be received, placed on file, and approved. Motion carried. 86069 - Moved by Penaluna, seconded by Wright that communication from City Attorney transmitting recommendation on securing dangerous commercial buildings (referred to under C. R. 86017 of July 2, 1984), be received, placed on file, and authorization given to the securing of the Gateway Building on La Porte Road by the Building Department at an approximate cost of $120.00. Motion carried. July 9, 1984 Page 6 86076 - Moved by Getty, seconded by Klinger that "Resolution approving the following pay estimates for amount shown together with recommendation of approval: .-~East Park Avenue Parking Facility, Contract No. 251. Pay Estimate No. 7 from Cardinal Construction in the amount of $582,414.53. Ansborough Avenue (from San Marnan Drive to University Avenue. Project No. IX -6615 (1)--79-07. Fay Estimate No. 5 from Brice, Petrides, & Associates for Engineering Design Services in the amount of $7,702.48. Sixth Street (Fifth & Sixth Street --Franklin Street to Washington Street). Project No. IX -6653(2)--79-07. Pay Estimate No. 5 from Brice, Petrides & Associates for Engineering Design services in the amount of $14,151.48. Donald Street (U. S. 20 to Sage Road) Project No. IX -6662(1)--79-07. Pay Estimate No. 5 frau Brice, Petrides & Associates for Engineering Design Services in the amount of $5,506.07. San Marnan Drive (Formerly Iowa Highway 412 from West 4th Street to Sheffield Avenue. Pay Estimate No. 5 from Brice, Petrides & Associates for Engineering Design Services in the amount of $21,839.07. Intercity Interceptor, Stage II, Fy 1983 Highway 63 Pumping Station Contract No. 248. Pay Estimate No. 8 from Jens Olsen & Sons Construction Company in the amount of $92,530.00. Sixth Street Brite, Contract No. 215. Pay Estimate No. 1Z from Shappart Engineering Company in the amount of $45,796.86, be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1984-309. 86077 - Moved by Getty, seconded by Klinger that "Resolution approving the following statement for amount shown together with recommendation of approval: Kimball Avenue to Ridgeway Avenue to South City Limits. Project No. IX06641(1)--79-07. Pay Estimate No. 6 from Schenk Engineering Company for Engineering Design Services in the amount of $7,370.29," be adopted. Ayes: Six. Absent: Doowwie. Resolution adopted and upon approval by Mayor assigned No. 1984-310. NEW BUSINESS 86078 - Moved by Klinger, seconded by Penaluna That communication from Civil Service Commission transmitting certification lists for the positions of Laboratory Technician II - Water Pollution Plant, Administrative Secretary - Community Development, Building Official, and Fire Fighter, be received and placed on file. Ayes: Five. Nays: Wright. Absent: Dowi.e. Motion carried. ,.".. --1 n � July 9, 1984 86082 - Continued Beer License Permit Application -- also Sunday Sales Class C Page 8 Dell Oil Ltd - William D. Sawday dba Dell Oil Ltd., 90 W. 118th Street (Renewal) (Expires July 11, 1985) Ansborough Plaza Inc., dba Pronto Markets, 1459 Ansborough Avenue, (Renewal) (Expires July 9, 1985) Motion carried. 86083 - Moved by Getty, seconded by Lichty that the following Alarm Business Applications be received, placed on file and approved: License for Alarm Business Per Mar Security and Research Corp., 425 W. 2nd Street, Davenport. Motion carried. 86084 - Moved by Getty, seconded by Lichty that 7 Cigarette Renewal Applications be received, placed on file and approved. Motion carried. 86085 - Moved by Getty, seconded by Wright that the taxicab driver's license of John W. Pratt be upheld. Motion carried. 86086 - Moved by Klinger, seconded by Penaluna that the report of the City Attorney and list of bonds filed with Clerk through July 9, 1984 be received, placed on file and report and bonds approved. Motion carried. 86087 - Moved by Seeber, seconded by Wright that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor July 9, 1984 86079 - Moved by Klinger, seconded by Getty Page 7 that communication from Police Chief transmitting recommendation on appointment of Gregory L. Maifield to position of Data Systems Manager at salary of $25,071, communication from Planning and Development Director transmitting recommendation on appointment of James Curran to position of Building Official, and communication from Community Development Administrator transmitting recommendation on appointment of Anna M. Northey to position of Administrative Secretary, and communication from Superintendent of Water Pollution Control Plant transmitting recommendation on appointment of John Vankamen to position of Laboratory Technican II, be received and placed on file. Ayes: Five. Nays: Wright. Absent: Dowie. Motion carried. 86080 - Moved by Getty, seconded by Klinger that communication from Police Chief Huck transmitting list of officers eligible to receive cleaning and clothing allowances for the first half of FY 1985 in the amount of $450.00 each be received, placed on file, and "Resolution approving said expenditures," be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor asssigned No. 1984-311. 86081 - Moved by Seeber, seconded by Penaluna that the following requests for permission to attend functions with expenses not to exceed amount shown, be received, placed on file and approved: Travel Requests: Fire Inspector to attend Fire/Arson Investigation School, Des Moines, Iowa, July 30 - August 10, 1984, cost not to exceed $150.00. Police Chief to attend Quarterly Meeting of Law Enforcement Forum, Des Moines, Iowa, July 9-10, 1984, cost not to exceed $65.00, plus use of city vehicle. Motion carried. MISCELLANEOUS 86082 - Moved by Getty, seconded by Lichty 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 Application Permits. Class C. Victor R. Deutsch dba Vic's Lounge, 1106 La Porte Road, (Renewal) (Expires July 17, 1985) Patricia Schlindwein dba Zodiac, 319 Jefferson, (Renewal) (Expires July 18, 1985.) David A. Young dba Anchor Lounge, 324 E. 4th St. (Renewal) (Expires July 15, 1985. Herb P. Hunt dba Herb's Round Table Lounge, 1307 W. Fifth St. (Renewal) (Expires July 13, 1985) --also Sunday Sales. Clifton Sallis Jr. dba Club Shalimar, 743 Logan Avenue, (New) (Expires July 17, 1985) --Sunday only.