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HomeMy WebLinkAbout07/25/83July 25, 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 July 25, 1983. Mayor Rooff in the Chair. Roll Call: Getty, Penaluna, Roehr, Wilharm, Burton, Bowers. Absent: Dowie. Invocation by: Wilharm 84348 - Moved by Roehr, seconded by Burton that the Agenda, as proposed for the Regular Session of July 25, 1983 at 7:00 p.m., be accepted and approved. Motion carried. 84349 - Moved by Burton, seconded by Wilharm that the Minutes of the Regular Session held July 18, 1983 at 7:00 p.m., be approved. Motion carried. HEARING 84350 - Moved by Bowers, seconded by,Wilharm that proof of publication of notice of public hearing on the issuance of Industrial Revenue Bonds for Roskamp Mfg., Inc., in an amount not to exceed $1,250,000, as published in the Waterloo Courier on July 8, 1983, be received and placed on file. Motion carried. 84351 - HOLD: HEARING --This being the time and place for public hearing the Mayor called for written and oral objections and there were none. Moved by Wilharm, seconded by Bowers that "Resolution determining to proceed with the issuance of not to exceed $1,250,000 Industrial Revenue Bonds, Series 1983 to Roskamp Mfg., Inc.", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1983-295. ORAL PRESENTATIONS 84352 - Councilman Burton asked that the garbage refund for Mrs. Richard Hernandez, 521 Baltimore, denied by the Finance Committee on July 25, 1983, be brought to the floor for reconsideration. (Mrs. Hernandez had requested a refund for double garbage payment since 1977 at 521 Baltimore in the amount of $191.10.) Councilman Roehr reported that Finance Committee policy had been to refund only the amount paid the previous year. Approval of this request would be setting a precedent. Councilman Getty stated that a person cannot tell from his billing whether he is being charged for one or more units of garbage. Moved by Burton, seconded by Getty that Mrs. Richard Hernandez, 521 Baltimore, be refunded double garbage payments in an amount not to exceed $150.00. (one previous year of payments) Ayes: Getty and Burton. Nayes: Penaluna, Roehr, Wilharm and Bowers. Absent: Dowie. Motion not carried. July 25, 1983 Page Two ORAL PRESENTATIONS CONTINUED 84353 - David Tyler, City Attorney, reported that the litigation involving the City and Hotel Employee and Restaurant Employee Union, Local #146, had been resolved and the suit dropped. David Tyler, City Attorney, reported that in researching other city's ordinances relating to assessments for street reconstruction work, none existed. (see CR84324 of July 18, 1983). Therefore, he recommended that the policy be in the form of a resolution. Moved by Wilharm, seconded by Burton that the above remarks be received and placed on file. Motion carried. ant 84354 - Moved by Bowers, seconded by Wilharm that a petition of area residents requesting paving on Lamont Street be received, placed on file and referred to Community Development. Motion carried. PETITIONS FROM PUBLIC 84355 - Moved by Burton, seconded by Roehr that communication from City Engineer transmitting petition from area residents requesting curb and gutter in the 700 block of Johnson Street, be received and placed on file. Motion carried. 84356 - Moved by Roehr, seconded by Wilharm that communication from Planning, Programming and Zoning transmitting the request of Steve Hoffman to purchase property generally located along Utica Street between U.S. Highway 20 & Park Road, together with recommendation of approval, be received, placed on file, and "Resolution setting date of hearing as August 15, 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 public hearing accordingly. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1983-296. 84357 - Due to the construction of the East Park Avenue Parking Ramp, the Black Hawk Abstract Co., will be moved from 501 Lafayette to the Cedar Book Store at 612-614 Sycamore Street. Moved by Wilharm, seconded by Roehr that request of Black Hawk Abstract for removal of parking meters at 612 and 614 Sycamore Street to facilitate deliveries, be received, placed on file, and denied. Ayes: Penaluna, Roehr, Wilharm. Nayes: Getty, Burton, Bowers. Absent: Dowie. Motion not carried. 84358 - The following motion was offered. Moved by Bowers, seconded by Burton that the request of Black Hawk Abstract as stated in CR 84357 above be received, placed on file, and temporarily approved. Ayes: Getty, Burton, Bowers. Nayes: Penaluna, Roehr, Wilharm. Absent: Dowie. Motion not carried. �*N -1-NI July 25, 1983 PETITIONS FROM PUBLIC CONTINUED 84359 - Moved by Penaluna, seconded by Roehr Page Three that action of the request of Black Hawk Abstract as described in CR84357 above be delayed one week. Ayes: Five. Nayes: Wilharm. Absent: Dowie. Motion carried. 84360 - Moved by Roehr, seconded by Wilharm that request of 7 -Eleven Stores to conduct fund raising campaign for MDA at various 4 -way stop intersections during Labor Day week -end be received, placed on file and approved. Motion carried. 84361 - Moved by Roehr, seconded by Wilharm that Report of Black Hawk County Solid Waste Management Commission for increase in landfill fees, be received and placed on file. Motion carried. DOCUMENT 84362 - Moved by Bowers, seconded by Wilharm that communication from Transportation Program Manager transmitting Construction Agreement for relocated U.S. 218 from 300 feet south of Mitchell Avenue to just East of Wisconsin Street, (Project No. IX -218-7-(52)--3P-07), together with recommendation of approval be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1983-297. RESOLUTIONS TO BE ADOPTED 84363 - Moved by Roehr, seconded by Wilharm that "Resolution authorizing the execution of a Memorandum of Agreement with Omega Cabinets, Inc.," be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1983-298. 84364 - Moved by Roehr, seconded by Wilharm that "Resolution fixing the date of hearing on proposed issuance of not to exceed $750,000 Industrial Development Revenue Bonds, Series 1983 to Omega Cabinet, Inc., as August 15, 1983 at 7:00 p.m. in the City Hall Council Chambers", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1983-299. July 25, 1983 Page Four RESOLUTIONS TO BE ADOPTED 84365 - Moved by Wilharm, seconded by Burton that "Resolution authorizing the issuance and sale of $975,000 Industrial Revenue Bonds, Series 1983 (Roskamp Mfg., Inc., Project)", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1983-300. 84366 - Moved by Burton, seconded by Bowers that "Resolution accepting and approving certain offers to sell real property to the City and accepting and approving certain deeds from Irving Neipert in conjunction with City Hall expansion project", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1983-301. 84367 - Moved by Bowers, seconded by Burton that "Resolution authorizing Mayor and Clerk/Auditor to enter into an agreement between Mid Town Development and the City concerning the Downtown Urban Development Action Grant Amendment", be adopted. Ayes: Six. Absent; Dowie. Resolution adopted and upon approval by Mayor assigned No. 1983-302. ORDINANCES TO BE ADOPTED 84368 - Moved by Bowers, seconded by Wilharm that "Amendment to Ordinance No. 2479, as amended, known as the Zoning Ordinance by repealing Subsection A of Section 2A-13 Lot Area, frontage and yard requirements under Part VII "R-1" One and Two Family Residence District; and enacting in lieu thereof a new Subsection Section 2A-13 Lot Area, frontage, and yard requirements, under part VII "R-1" One and Two Family Residence District: pertaining to side yard requirements for one family dwellings and other permitted uses", be received, placed on file, considered and passed for the third time. Ayes: Six. Absent: Dowie. Motion carried. 84369 - Moved by Penaluna, seconded by Wilharm that "Amendment to Ordinance No. 2479, as amended, known as the Zoning Ordinance by repealing Subsection A of Section 2A-13 Lot Area, frontage and yard requirements under Part VII "R-1" One and Two Family Residence District; and enacting in lieu thereof a new Subsection Section 2A-13 Lot Area, frontage, and yard requirements, under part VII "R-1". One and Two Family Residence District: pertaining to side yard requirements for one family dwellings and other permitted uses", be adopted. Ayes: Six. Absent: Dowie. Ordinance adopted and upon approval by Mayor assigned No. 3293. 84370 - Moved by Burton, seconded by Wilharm that the petition of area residents opposing the rezoning from "R-2" One & Two Family Residence District to "C-1" Commercial District, Lot 365, Kenwood Park Addition (David Hershberger), be received and placed on file. (see CR 84371 below) Motion carried. "1 July 25, 1983 ORDINANCES TO BE ADOPTED 84371 - Moved by Burton, seconded by Getty Page Five tht "an Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 205 to Section 2A-5, Rezoning Certain Property", be received, placed on file and action delayed one (1) week for review of the petition referred to in CR 84379. (Rezone from "R-2" One & Two Family Residence District to "C-1" Commercial District --David Hershberger). Ayes: Six. Absent: Dowie. Motion carried. BILLS PAYMENT 84372 - Moved by Wilharm, seconded by Roehr that "Bills, Resolution Schedule A and B", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1983-303. 84373 - Moved by Wilharm, seconded by Penaluna that "Resolution approving the following statements: FY 1984 East Park Avenue Parking Facility, Contract No. 251 Statemenf from Twin -city Te ting and Engineering Lab, Inc. - $1,200.00. FY 1983 Conwax Vicinity Parking Ramp, Contract No. 241 'Statement trom Twin city Cuing andng� iineering M,`Tnc.-- $40.00. EPA Grant No. C190769-01 tatement from Brice, Petrides X Assoc.,'16F.,Engineering Services -- $10,871.11. Master Planning Phase of Hackett Road Bypass 'Statement rom Brice, Petrides & ASSOC., nc.,ngine�" e`ri g Services -- $209,016.00", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1983-304. 84374 - Moved by Wilharm, seconded by Penaluna that "Resolution approving the following pay estimate: FY 1983 Conway Vicinity Parkin Ramp, Contract No. 241. Cardinal onst., nc.,-- be -a opte yes:7.17ix. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1983-305. NEW BUSINESS 84375 - Moved by Bowers, seconded by Burton that communication from Street Department Superintendent transmitting the retirement of Charles Mock, together with recommendation of payment for accumulated sick leave and vacation pay be received, placed on file and "Resolution authorizing the payment to Charles Mock in the amount of $9,148.55," be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1983-306. July 25, 1983 Page Six NEW BUSINESS 84376 - Moved by Wilharm, seconded by Roehr that communication from Civil Service Commission transmitting the following recommendations for Certification be received and placed on file. Certification of Police Recruit Reserve List Certification of Civilian Dispatcher Reserve List Certification of Park Superintendent List Correction of Fire Lt. Reserve List. Motion carried. 84377 - Moved by Bowers, seconded by Getty, 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 Assistant City Attorney to attend Annual NIMLO Conference, Milwaukee, Wisconsin, August 17-20, 1983, cost not to exceed $689.00. Police Officers to attend Basic Police Training, Johnston, Iowa, July 31, 1983 - October 21, 1983 not to exceed $1,990.00. Motion carried. 84378 - The Mayor reported that Craig Pothast, 3173 Burton Avenue, owner of Gray Horse Lounge, 102 W. 11th Street, had been informed of the Council's consideration of the suspension of their Class C Beer & Liquor License. Mr. Pothast reported that he had already been assessed court costs of $10.50 and fined $30.00, following a plea of guilty. Police Sgt. Milne reported the events of the evening of June 28, 1983. Moved by Bowers, seconded by Penaluna that the Class C Beer & Liquor License of Gray Horse Lounge, 102 W. 11th Street, be suspended for a 14 day period. Ayes: Six. Absent: Dowie. Motion carried. 84379 - Larry P. Burger, Clerk/Auditor, reported that the Police Department had received complaints of Fred Schneider's selling techniques and recommended revocation of the license. Mr. Schneider had been informed of the proposed action of the Council on July 25, 1983. Moved by Wilharm, seconded by Bowers that the Peddler's Permit issued July 15, 1983 (Lic. no. 1882) to Fred Schneider, be received, placed on file and revoked. Motion carried. "ON July 25, 1983 MISCELLANEOUS 84380 - Moved by Getty, seconded by Roehr 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 and approval of the following Cigarette Permits: Beer License Permit Application plus Sunday Sales Class ui rip Corporation, 117 San Marnan Hwy., (Renewal) (Expires QuikTrip Corporation, 3012 Ansborough, (Renewal) (Expires 9/11/84) R & G Oil Company, Inc., 1625 W. 4th, (Renewal) (Expires Dell Oil Ltd, 90 W. 18th St., (new owner -old location) (Expires 8/21/84) Macs Corp., 1918 Commercial (new owner -old location) (Expires 8/1/84) -- not Sunday Beer and Liquor License Permit Application Class i7im s Lounge, 1406 Commercial (Renewal) (Expires 8/7/84) Cigarette Renewal 6) Motion carried. BONDS 84381 - Moved by Bowers, seconded by Burton that the report of City Attorney and list of bonds filed with Clerk through July 25, 1983, be received, placed on file and report and bonds approved. Motion carried. An.1ni1RNMFNT 84382 - Moved by Burton, seconded by Getty that the Council adjourn. Motion carried. Larry P. Burger, City Clerk/Auditor