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HomeMy WebLinkAbout09/12/83September 12, _ j3 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 12, 1983. Mayor Rooff in the Chair. Roll call: Wilharm, Roehr, Penaluna, Getty, Bowers, Burton, and Dowie.. Invocation by Getty 84643 - Moved by Roehr, seconded by Wilharm that the Agenda, as proposed for the Regular Session of September 12, 1983, at 7:00 p.m. be accepted and approved. Motion carried. 84644 - Moved by Burton, seconded by Dowie that the Minutes of the Regular Session held September 6, 1983 at 7:00 p.m. in the City Hall Council Chambers, be approved. Motion carried. HEARINGS & BIDS 84645 - Moved by Dowie, seconded by Burton that proof of publication of notice of public hearing on sale of property located along Utica Street between U.S. Highway 20 and Park Road as published in the Waterloo Courier on August 31, 1983, be received and placed on file. Motion carried. 84646 - 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 Roehr that all bids be received, placed on file, and Clerk/Auditor instructed to open same and refer to Planning, Programming and Zoning (see CR84650 for further action): Bidder Amount Step e� n lToffman $ Motion carried. HEARINGS 84647 - Moved by Roehr, seconded by Burton that proof of publication of notice of public hearing on proposed Resolution of Necessity in conjunction with the F.Y. 1984 Street Reconstruction Program, Contract No. 257 as published in the Waterloo Courier on August 24 and 31, 1983, be received and placed on file. Motion carried. 84648 - HOLD HEARING --This being the time and place of hearing, the Mayor called for oral and written objections. A resident of 2804 Saratoga Avenue, thanked the City for reconsidering their decision to postpone their action on the street reconstruction program. He encouraged careful consideration on the assessment of reconstruction of City Streets, in light of some property owners already paying the original construction price. Mayor Rooff reported that he favored a program whereby the water problem be addressed, with construction of culverts, drain tiles, and/or storm sewers, instead of street repairs. A date of hearing will be set by the Council on September 19, 1983 on the Plans and Specifications of said storm water repairs. The possibility of a city crew was discussed. In response to a question, the Mayor stated that the abstracts will not show a proposed assessment against the properties who had received a notice of impending assessment. September 12, 1983 Page Two HEARINGS CONTINUED 84649 - Moved by Penaluna, seconded by Roehr that "Resolution abandoning the F.Y. 1984 Street Reconstruction Program, Contract No. 257", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-442. 84650 - The Plan and Program Director reported that the bid of Stephen Hoffman (see CR84646 for previous action) in the amount of $350.00 was in order and could be accepted. Moved by Burton, seconded by Bowers that "Resolution authorizing the sale and conveyance of a parcel of property generally located along Utica Street between U.S. Highway 20 and Park Road to Stephen Hoffman in the amount of $350.00", be adopted and City Attorney instructed to prepare a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-443. 84650A - Moved by Roehr, seconded by Burton that proof of publication of notice of public hearing on vacation of portion of DeWitt Road as published in the Waterloo Courier on August 26, 1983 be received and placed on file. Motion carried. HOLD HEARING --This being the time and place of hearing, the Mayor called for written and oral objections. Ivan Miller, 3520 DeWitt Road, objected to the vacation, due to the potential traffic flow associated with the John Deere Plant. Without improvements to Ranchero Road, residents may have limited access. Don Temeyer, Plan & Program Director, reported that access can be gained either by U.S. Highway 63 to the east or Main Street to the west. Ranchero Road improvements have not yet been programmed. 84651 - Moved by Bowers, seconded by Wilharm that "an ordinance vacating a portion of DeWitt Road which intersects the proposed alignment of relocated Highway 20", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. ORAL PRESENTATIONS 84652 - Mayor Rooff welcomed two (2) members of the Waterloo Junior League. Councilman Getty asked that the Electrical Inspector be instructed to review the street lighting on E. 4th Street between Newell and Franklin Streets. Moved by Getty, seconded by Bowers to refer the above matter to the Electrical Inspector for review and recommendation. Motion carried. —1 v September 12, 1983 ORAL PRESENTATIONS CONTINUED 84653 - Moved by Burton, seconded by Wilharm Page Three that the petition of area residents requesting curb, gutter and pavement in the 2300 Block of Muncy Avenue, be received, placed on file, and referred to the City Engineers for review and recommendation. Motion carried. PETITIONS FROM PUBLIC 84654 - Moved by Dowie, seconded by Burton that communication from City Engineer transmitting request of Jim Kimmelshue, 1902 Hawthorne Avenue for temporary concrete driveway to be located on Wisconsin Street, 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. 1983-444. 84655 - Moved by Wilharm, seconded by Roehr that communication from Planning, Programming and Zoning Commission transmitting site plan of Bonanza Family Steakhouse to be generally located along Crossroads Blvd., between Sears Street and Bopp Street, with said Commission's recommendation to follow their meeting of September 12, 1983 be received, placed on file, and "Resolution setting date of hearing as September 26, 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. 1983-445. DOCUMENTS 84656 - Moved by Roehr, seconded by Bowers that communication from Transportation Program Manager transmitting Agreement No. TJ -412-1(5)--2M-07 & No. TJ -21-6(4)--2M-07 with Iowa Department of Transportation for Transfer of Public Road(s) Jurisdiction (Iowa Highway 412 from W. 4th Street to east of LaPorte Road), to City jurisdiction together with recommendation of approval be received, placed on file, and "Resolution approving the above described document", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-446. 84657 - Moved by Wilharm, seconded by Bowers that communication from Plan and Program Director transmitting proposal from Flinn, Saito, Anderson for development of plans and specifications for the third floor of the Waterloo Public Library for use by the Cedar Arts Forum and Waterloo Human Rights, together with recommendation of approval of the Building & Grounds Committee be received, placed on file and "Resolution approving said proposal", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-447. September 12, 1983 DOCUMENTS CONTINUED 84658 - Moved by Burton, seconded by Dowie Page Four that communication from City Engineer transmitting Recommendation of Acceptance and Completion Report for the F.Y. 1983 Street Pavement Mudjacking Program No. 3, Contract No. 253, from Ernster and Company, Inc., be received, placed on file, and "Resolution approving said documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-448. 84659 - Moved by Wilharm, seconded by Getty that communication from City Engineer transmitting the contract, bond, and Certificate of Insurance from Rohlin Construction Company in conjunction with F.Y. 1984 Maywood Area Paving, Contract No. 256, together with recommendation of approval, be received, placed on file, and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-449. 84660 - Moved by Bowers, seconded by Burton that City Auditor's Statement for August, 1983, be received and placed on file. Motion carried. RESOLUTIONS TO BE ADOPTED 84661 - Moved by Roehr, seconded by Wilharm that "Resolution accepting and approving certain offers to sell real property to the City and accepting and approving certain deeds in conjunction with Blowers Creek Flood Control from Victor Kupka", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-450. 84662 - Moved by Bowers, seconded by Burton that "Resolution authorizing the condemnation of a certain parcel of real property for the East Side Parking Facility Project owned by Morris Feldman and G & N Company," be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-451. 84663 - Moved by Dowie, seconded by Wilharm that "Resolution setting date of hearing as October 3, 1983 at 7:00 p.m. in the City Hall Council Chambers on the repeal of City Sign Ordinance (known as Ordinance No. 2447)," be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-452. 84664 - Moved by Wilharm, seconded by Bowers that "Resolution authorizing a Reserve Police Unit of a maximum of fifty (50) reserve officers", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-453. September 12, 1983 ORDINANCES TO BE ADOPTED 84665 - Moved by Penaluna, seconded by Burton Page Five 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. 84666 - Moved by Wilharm, seconded by Roehr that "an ordinance amending Ordinance No. 2644, known as the Traffic Ordinance, by repealing Subsection (98) West Fourth Street of Section 551, Parking prohibited at all times on certain streets; and enacting in lieu thereof a new subsection (98) West Fourth Street to Section 551, parking Subsections (2) Fourth Street (west) and (3) Commercial to Section 557A, 10 Minute Parking", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3299. 84667 - Moved by Bowers, seconded by Roehr that "an Ordinance renaming Fox Street to Willrich Street", be received, placed on file, considered, and passed for the second time. Ayes: Seven. Motion carried. 84668 - Moved by Roehr, seconded by Bowers 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 received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. BILLS PAYMENT 84669 - Moved by Dowie, seconded by Wilharm that "Bills, Resolution, Schedule A & B", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-454. 84670 - Moved by Burton, seconded by Dowie that "Resolution approving the following Pay Estimates, FY 1983 Orange Grove Trunk Sewer Intercity Interceptor, Stage I, Contract No. 247. l ay tstimate No. the amount oT-50T,59 .`60--Lam`ett`i and Sons, Inc. Conway Vicinity Parking Ramp, Contract No. 247 Pay s ima e Vo. 11 in the amount o -- ar in — Construction Co.", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-455. September 12, 1983 BILLS PAYMENT CONTINUED 84671 - Moved by Burton, seconded by Dowie Page Six that "Resolution approving the following statement", be adopted. Ayes: Seven. FY 1983 St. Pavement Mudjacking Program No. 3 Statement from Ernster & Gompanpy, Inc. --$20,136.54. Resolution adopted and upon approval by Mayor assigned No. 1983-456. NEW BUSINESS 84672 - Moved by Bowers, seconded by Getty that communication from Street Department transmitting the retirement of Darrell Newville, together with accumulated sick leave and vacation pay of $10,331.07, and recommendation of approval be received, placed on file, and "Resolution approving same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-457. 84673 - Moved by Wilharm, 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: Police Officer to attend Basic Law Enforcement Training, Johnston, Iowa, September 19 to December 9, 1983 cost not to exceed $1,039.50. Budget Analyst to attend League of Iowa Municipalities 85th Annual Convention, Des Moines, September 21-23, 1983 cost not to exceed $205.00 plus use of City vehicle. Community Development and Flood Control Administrator to attend Water Resources Congress Board of Directors and Flood Control meeting, September 27-29, 1983, Houston, Texas, cost not to exceed $647.00. Motion carried. MISCELLANEOUS 84674 - 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 and the approval of a Dance License: Beer and Wine License Permit Application Class Shakey' Pizza, 106 Brookeridge, (Renewal) (Expires 9/23/84) Dance License owaA—rdJohnson, dba Ground Round, 1425 E. San Marnan Drive Motion carried. I-ok\ September 12, 1983 BONDS 84675 - Moved by Burton, seconded by Bowers Page Seven that the report of City Attorney and list of bonds filed with Clerk through September 12, 1983, be received, placed on file and report and bonds approved. Motion carried. 84676 - Moved by Wilharm, seconded by Dowie that the Council adjourn, to the Board of Health. Motion carried. BOARD OF HEALTH The Council of the Waterloo, Iowa, met as the Board of Health at City Hall Council Chambers, Waterloo, Iowa on September 12, 1983 at 7:30 p.m. Mayor Leo P. Rooff in the chair. Roll Call: Wilharm, Roehr, Penaluna, Getty, Bowers, Burton, Dowie. 84677 - Mayor Rooff complimented Mr. Hoffman on the operation of his department. Moved by Bowers, seconded by Burton that the F.Y. 1983 Annual Report for the Department of Health, Sanitation, and Animal Control be received and placed on file. Motion carried. 84678 - Moved by Burton, seconded by Dowie that the Council adjourn. Motion carried. Larry P. Burqer, City Clerk/Auditor