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HomeMy WebLinkAbout09/19/83September 19, 1983 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 September 19, 1983. Mayor Rooff in the Chair. Roll Call: Wilharm, Roehr, Getty, Penaluna, Bowers, Burton, Dowie. Invocation: Bowers 84679 - Moved by Roehr, seconded by Wilharm that the Agenda, as proposed for the Regular Session of September 19, 1983, at 7:00 p.m., be accepted and approved. Motion carried. 84680 - Moved by Dowie, seconded by Burton that the Minutes of the Regular Session held September 12, 1983 at 7:00 p.m., be approved. HEARINGS 84681 - Moved by Wilharm, seconded by Burton that proof of publication of notice of public hearing on vacation, sale, and conveyance of a portion of Louise Street as published in the Waterloo Courier on September 12, 1983, be received, and placed on file. Motion carried. 84682 - HOLD HEARING --This being the time and place of hearing, the Mayor called for written and oral objections and there were none. Moved by Burton, seconded by Dowie that "an Ordinance vacating a portion of Louise Street lying between Mildred Avenue and Irma Street", be received, placed on file, passed and considered for the first time. Ayes: Seven.. Motion carried. 84683 - Moved by Roehr, seconded by Wilharm that proof of publication of notice of public hearing on Sale of Disposal Parcel No. 24c in the Logan Avenue Urban Renewal Area, Iowa R-2 to Robert Hild as published in the Waterloo Courier on September 12, 1983 be received and Placed on file. Motion carried. 84684 - HOLD HEARING --This being the time and place of hearing, the Mayor called for written and oral objections and there were none. Moved by Wilharm, seconded by Dowie that "Resolution authorizing the sale and conveyance of Parcel No. 24c in the Logan Avenue Urban Renewal Area, Iowa R-2 to Robert Hild", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-458. September 19, 1983 Page Two ORAL PRESENTATIONS 84685 - Moved by Bowers, seconded by Burton that communication from Police Chief on the school crossinq at Idaho and Independence be received, placed on file, and referred to the City Engineer for cost estimates. Motion carried. PETITIONS FROM PUBLIC 84686 - Moved by Roehr, seconded by Dowie that communication from Plan, Program, and Zoning Commission transmitting site plan amendment for Payless Cashways, Inc., generally located at the southwest corner of the intersection of U.S. Highway 63 and Ridgeway Avenue, together with recommendation of approval be received, placed on file, and "Resolution setting date of hearing as October 10, 1983 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-459. 84687 - Moved by Roehr, seconded by Dowie that communication from Plan, Program, and Zoning Commission transmitting request of Bob Molstead to rezone from "R-2" One & Two Family Residence District to "C -Z" Conditional Zoning a parcel of property generally located at the northeasterly corner of the intersection of Orange Grove and Campbell Avenue together with recommendation of approval and petition submitted by area residents in favor of said request, be received, placed on file, and "Resolution setting date of hearing as October 10, 1983 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-460. 84688 - Moved by Roehr, seconded by Dowie that communication from Plan, Program, and Zoning Commission transmitting request of Shriver Enterprises Inc., to rezone from "C-1" Commercial District to "C-2" Commercial District a parcel of property generally located at the northeast corner of the intersection of Ansborough Avenue and Black Hawk Road together with recommendation of denial and petition submitted by area residents opposing said request, be received, placed on file, and "Resolution setting date of hearing as October 10, 1983 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-461. September 19, 1983 PETITIONS FROM PUBLIC CONTINUED 84689 - Moved by Roehr, seconded by Dowie Page Three that communication from Plan, Program, and Zoning Commission transmitting request of Harold Truax to rezone from "C-1" Commercial District to "M-1" Light Industrial District a parcel of property generally located between Logan Avenue & U.S. Highway 63 and south of the Illinois Central Gulf Railroad together with recommendation of approval, be received, placed on file, and "Resolution setting date of hearing as October 10, 1983 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-462. 84690 - Moved by Roehr, seconded by Dowie that communication from Plan, Program, and Zoning Commission transmitting request of Boyd Voshell to vacate an easement over alley between W. 5th and W. 6th Streets and between Wellington and Grant Streets, together with recommendation of approval be received, placed on file and "Resolution setting date of hearing as October 10, 1983 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 hearinq accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-463. 84691 - Moved by Roehr, seconded by Dowie that communication from Plan, Program and Zoning Commission transmitting request of Harold Rooff to rezone from "C-1" Commercial District to "M-1" Light Industrial District a parcel of property generally located north of Illinois Central Gulf Railroad together with recommendation of approval be received, placed on file, and "Resolution setting date of hearing as October 10, 1983 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-464. 84692 - Moved by Wilharm, seconded by Bowers that communication from City Engineer transmitting request of Donald A. Fanning for temporary concrete driveway to be located on 544 Maxwell, together with recommendation of approval and $3.00 for recording fee be received, placed on file, and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-465. 84693 - Moved by Burton, seconded by Getty that request of J.L. Tunis for variance to Ordinance No. 3094 Noise Ordinance on September 25, 1983 from 4:00 - 8:00 p.m., together with recommendation of Police Department, be received, placed on file, and "Resolution approving said request", be adopted, subject to maximum decibel level set at 95 dBA, with cars properly equipped with mufflers. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-466. September 19, 1983 Page Four REPORTS 84694 - Moved by Burton, seconded by Wilharm that communication from City Engineer transmitting petition for paving of 2300 Block of Muncy Avenue together with recommendation that it be included in future paving program be received, placed on file, and approved. Motion carried. 84695 - Moved by Bowers, seconded by Penaluna that communication from Community Development Board transmitting minutes of August 9 and 16, 1983 be received and placed on file. Motion carried. 84696 - Moved by Bowers, seconded by Penaluna that communication from Building Official transmitting F.Y. 1983 Annual Report be received and placed on file. Motion carried. DOCUMENTS 84697 - Moved by Roehr, seconded by Wilharm that communication from City Engineer transmitting Change Order No. 1 in conjunction with the F.Y. 1984 Paving Program, Contract No. 250, for increase in the amount of $1,200.00 from Cedar Valley Corporation together with recommendation of approval be received, placed on file, and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 84698 - Moved by Wilharm, seconded by Bowers that communication from City Engineer transmitting Change Order No. 5 in conjunction with the F.Y. 1983 Paving Program, Section II, Contract No. 234 for decrease in the amount of $18,398.92 from Dale J. Clark Contracting together with recommendation of approval be received, placed on file, and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 84699 - Moved by Penaluna, seconded by Bowers that communication from City Engineer transmitting revised construction plans for storm sewer for St. Francis Professional Park, together with recommendation of approval be received, placed on file, and approved. Motion carried. September 19, 1983 DOCUMENTS CONTINUED 84700 - Moved by Wilharm, seconded by Dowie Page Five that communication from Plan, Program, and Zoninq Commission transmitting the preliminary plat of Crossroads Plat No. 1 together with deed of dedication, report of the City Engineer, and recommendation of approval be received, placed on file, and "Resolution approving said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-467. 84701 - Moved by Getty, seconded by Wilharm that the City Engineer be instructed to investigate the installation of a left -turn signal at the intersection of U.S. Highway 218 and Highway 412 (in conjunction with the I-380 project). Motion carried. RESOLUTIONS TO BE ADOPTED 84702 - Moved by Burton, seconded by Bowers that "Resolution authorizing the condemnation of Parcel No. 10 in conjunction with Blowers Creek Flood Control Project, owned by Gail E. Mueller", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-468. 84703 - Moved by Bowers, seconded by Dowie that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, approving revision No. 1 to the CIAP Program Budget for Federal Fiscal Year ending September 30, 1982 as approved by HUD in the amount of $140,952 for Ridgeway Towers, Iowa 05000311, be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-469. 84704 - Moved by Wilharm, seconded by Roehr that "Resolution accepting and approving certain easement agreements to the City and accepting and approving certain easements from H.G. Simmons in conjunction with the Blowers Creek Flood Control Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-470. ORDINANCES TO BE ADOPTED 84705 - Moved by Burton, seconded by Wilharm 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. 84706 - Moved by Wilharm, seconded by Roehr that an "Ordinance establishing grades for the F.Y. 1984 Maywood Area Paving, Contract No. 256", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3300. September 19, 1983 Page Six ORDINANCES TO BE ADOPTED CONTINUED 84707 - Moved by Wilharm, seconded by Roehr 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. 84708 - Moved by Dowie, seconded by Burton that "an Ordinance vacating a portion of DeWitt Road which intersects the proposed alignment of relocated Highway 20", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3301. 84709 - Moved by Roehr, seconded by Getty that "an Ordinance renaming Fox Street to Willrich Street", be received, placed on file, considered and passed for the third time. Ayes: Seven. Motion carried. 84710 - Moved by Penaluna, seconded by Bowers that "an Ordinance renaming Fox Street to Willrich Street", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3302. 84711 - Moved by Wilharm, seconded by Roehr 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. 84712 - Moved by Roehr, seconded by Wilharm that an "ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by repealing subsection (a) of Section 16-5, containers required; deposits regulated; location for collection; platforms, racks prohibited of Chapter 16, Garbage and Refuse; and enacting in lieu thereof a new subsection (a) of Section 16-5, containers required deposits regulated; location for collection; platforms, racks prohibited to Chapter 16, Garbage and Refuse; and by repealing subsection (7) of Section 23-1/2-6, precollection practices, of Chapter 23-1/2, Litter Control, and enacting in lieu thereof a new subsection (7) of Section 23-1/2-6, precollection practices to Chapter 23-1/2, Litter Control", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3303. ON 'ti September 19, 1983 NEW BUSINESS 84713 - Moved by Bowers, seconded by Burton Page Seven that communication from Library Board transmitting resignation of Michael Phipps, Director, together with recommendation for payment of $5,310.36 be received, placed on file, and "Resolution authorizing said payment to Michael Phipps," be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-471. 84714 - Moved by Penaluna, seconded by Getty to instruct City Engineer to prepare plans, specifications etc., for the F.Y. 1984 Street Drainage Program, Contract No. 260. Motion carried. 84715 - Moved by Getty, seconded by Roehr that plans etc., prepared by the City Engineer for the F.Y. 1984 Street Drainage Program, Contract No. 260, be received, placed on file, and "Resolution preliminarily approving same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-472. 84716 - Moved by Roehr, seconded by Bowers that "Resolution setting date of hearing, as October 3, 1983 at 7:00 p.m. in the City Hall Council Chambers on plans and taking of bids on the F.Y. 1984 Street Drainage Program, Contract No. 260", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: seven. Resolution adopted and upon approval by Mayor assigned No. 1983-473. 84717 - Moved by Bowers, seconded by Burton to instruct City Engineer to prepare plans, specifications, etc., for the FY 1984 Lafayette Street Sanitary Sewer Extension, Contract No. 259. Motion carried. 84718 - Moved by Bowers, seconded by Getty that plans etc., prepared by the City Engineer for the F.Y. 1984 Lafayette Street Sanitary Sewer Extension, Contract No. 259, be received, placed on file and "Resolution preliminarily approving same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-474. 84719 - Moved by Getty, seconded by Bowers that "Resolution setting date of hearing, as October 3, 1983 at 7:00 p.m. in the City Hall Council Chambers on plans and taking of bids on the F.Y. 1984 Lafayette Street Sanitary Sewer Extension, Contract No. 259", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-475. September 19, 1983 NEW BUSINESS CONTINUED 84720 - Moved by Burton, seconded by Getty Page Eight 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 Chief Electrical Inspector to attend 79th Annual Western Section International Association of Electrical Inspectors, October 9-12, 1983 Cincinnati, Ohio cost not to exceed $611.00. Two (2) Sanitation Inspector I to attend the Iowa Environmental Health Association Fall Educational Conference, Des Moines, Iowa cost not to exceed $115.00, plus use of City vehicle. Motion carried. MISCELLANEOUS 84721 - Moved by Wilharm, seconded by Roehr 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 as�T`s — Chen LT Chen dba Yen Ching, 109 Commercial, (New) (Expires 3/16/84), plus Sunday Sales Picadilly Scoreboard, Inc., 416 Jefferson, (Renewal) (Expires 10/1/84), plus Sunday Sales Beer License Permit Application Mass B`---- - - -- yycamore Tap, 710 Sycamore, (Renewal) (Expires 9/23/84) Bing B. Ltd., 916 LaPorte Road, (Renewal) (Expires 10/3/84) plus Sunday Sales Beer License Permit Application Class ui rip Corporation, QuikTrip #532, 1104 Washington, (Renewal) (Expires 10/6/84) plus Sunday Sales Cadillac Bowling Lanes, 650 LaPorte Road, (Renewal) (Expires 10/4/84) plus Sunday Sales Motion carried. 84722 - Moved by Getty, seconded by Roehr that one Cigarette Renewal License be received, placed on file and approved. Motion carried. 84723 - Moved by Getty, seconded by Roehr, that the following Ambulance Driver License be received, placed on file and approved: Scott Werkmeister, 1303 Logan Avenue Motion carried. ..*N September 19, 1983 Page Nine BONDS 84724 - Moved by Bowers, seconded by Burton that the report of City Attorney and list of bonds filed with Clerk through September 19, 1983 be received, placed on file and report and bonds approved. Motion carried. ADJOURNMENT 84725 - Moved by Getty, seconded by Roehr that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor