Loading...
HomeMy WebLinkAbout07/18/83r July 18, 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 18, 1983. Mayor Rooff in the Chair. Roll Call: Getty, Penaluna, Roehr, Wilharm, Dowie, Burton and Bowers. Invocation: Getty 84312 - Moved by Roehr, seconded by Wilharm that the Agenda, as amended for the Regular Session of July 18, 1983 at 7:00 p.m., be accepted and approved. Motion carried. 84313 - Moved by Dowie, seconded by Bowers that the Minutes of the Regular Session held July 11, 1983 at 7:00 p.m., be approved. Motion carried. HEARING 84314 - Moved by Roehr, seconded by Penaluna that proof of publication of notice of public hearing on the issuance of Industrial Development Revenue Bonds for Urgicenter Project, in an amount not to exceed $350,000 as published in the Waterloo Courier on June 29, 1983, be received and placed on file. Motion carried. 84315 - 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 Roehr, seconded by Dowie that "Resolution determining to proceed with the issuance of not to exceed $350,000 Industrial Revenue Bonds, Series 1983 for Urgicenter Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-285. ORAL PRESENTATIONS 84316 - August Hopka, 1350 Black Hawk Road, reported that past year's property tax assessment had been figured on a larger home (in terms of square footage) than he actually owned. Mayor Rooff asked that he bring all information on this matter to his office for further review. Stanley Sorenson, representing Amalgamated Local 838, U.A.W. requested use of City right-of-way for use by picketer's of Weissman Steel & Iron located in the 600 and 700 blocks of Falls Avenue. Moved by Getty, seconded by Bowers that the above comments be received, placed on file, and that a maximum of four (4) cars be allowed to park on the North parking in the 600 and 700 block of Falls Avenue, with the provisions that the sod be replaced should significant damage occur and that a hold harmless agreement be executed between said parties. Ayes: Seven. Motion carried. July 18, 1983 Page Two ORAL PRESENTATIONS CONTINUED 84317 - Robert Graves, 100 Prince Street, asked when the paving on Prince Street would be completed. He reported that the project had been in progress approximately twelve (12) weeks. Moved by Bowers, seconded by Burton that the above remarks be received, placed on file, and referred to Community Development for review. Motion carried. 84318 - Linda Anfinson, Rt. 2, Jesup, Iowa, requested authorization to maintain her foodstand at the southeast corner of the intersection of W. Ridgeway Avenue and U.S. Highway 63 until approximately October, 1983. Randy Pilkington, Assistant Plan & Program Director, reported that it was in violation of several ordinances including the following: hard surfacing parking is lacking and access is being gained via an illegal curb cut. Ralph Anderson, City Engineer, reported that the Iowa Department of Transportation had denied a curb cut at this location on Ridgeway Avenue near U.S. Highway 63 at the time the preliminary plat of Kingswood Second Addition had been proposed. Councilman Penaluna suggested that the City institute an ordinance allowing the set-up and operation of seasonal foodstands. Moved by Wilharm, seconded by Penaluna that the above remarks be received, placed on file, City ordinances upheld and the request denied. Ayes: Seven. Motion carried. The City Attorney stated that since the Planning, Programming and Zoning Commission has jurisdiction over the denial of a curb cut, the matter be referred to them for further review. The Council concurred in this action. PETITIONS FROM PUBLIC 84319 - Moved by Roehr, seconded by Bowers that communication from Planning, Programming and Zoning Commission transmitting the request of James Blackledge to rezone from 11R-2" One and Two Family Residence District to "C-1" Commercial District a parcel of land generally located south of Newell Street, between Peek & Hewitt Streets, together with recommendation of approval, be received, placed on file, and "Resolution setting date of hearing as August 1, 1983 at 7:00 p.m. in the City Hall Council Chambers on above described request", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-286. July 18, 1983 PETITIONS FROM PUBLIC CONTINUED 84320 - Moved by Roehr, seconded by Bowers _1 Page Three that communication from Planning, Programming and Zoning Commission transmitting the request of Ardith Shull to vacate, sell and convey an alley lying between Sycamore and Lafayette Streets between Elm Street and Illinois Central Gulf Railroad with the City's retention of easment, together with recommendation of approval, be received, placed on file, and "Resolution setting date of hearing as August 1, 1983, at 7:00 p.m. in the City Hall Council Chambers on above described request", be adopted and Deputy Clerk/Auditor instructed to publish notice of public hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-287. 84321 - Moved by Roehr, seconded by Bowers that communication from Planning, Programming and Zoning Commission transmitting the request of Allen Memorial Hospital for proposed expansion which consists of x-ray addition, intensive care unit, ambulatory surgery unit, administration addition, parking layout and three story patient tower, together with recommendation of approval, be received, placed on file, and "Resolution setting date of hearing as August 1, 1983 at 7:00 p.m. in the City Hall Council Chambers on above described request", be adopted and Deputy Clerk/Auditor instructed to publish notice of public hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-288. UNFINISHED BUSINESS 84322 - Councilman Getty requested that CR 84291 of July 11, 1983 be reconsidered (relating to the five (5) year program for street reconstruction, with no assessment to the property owner.) Discussion was heard of the differentiation of the words "reconstruction" and "rejuvenation". Councilman Getty suggested that a 25% assessment be allowed in the case of street reconstruction if the street were at least twenty (20) years old. Moved by Getty, seconded by Penaluna that CR 84291 of July 11, 1983 be brought to the floor for reconsideration. Ayes: Five. Nays: Roehr and Wilharm. Motion carried. 84323 - Moved by Bowers, seconded by Burton that CR 84243 of July 11, 1983 be rescinded. Ayes: Five. Nays: Roehr and Wilharm. Motion carried. 84324 - Moved by Getty, seconded by Bowers that the City Attorney and Planning, Programming and Zoning Commission be instructed to submit an ordinance reflecting a 25% assessment to property owners requesting reconstruction of a street, (excluding curb and gutter) and one (1) block in length and is at least twenty (20) years old. Ayes: Five. Nays: Roehr and Wilharm. Motion carried. July 18, 1983 REPORTS 84325 - Moved by Bowers, seconded by Burton Page Four that Motor Vehicle Parking Facilities Funds Final Audit Report, as of February 28, 1983, be received and placed on file. Motion carried. 84326 - Moved by Burton, seconded by Dowie that City Auditor's Statement for June, 1983, be received and placed on file. Motion carried. 84327 - Moved by Burton, seconded by Dowie that Community Development Board Minutes of June, 1983 be received and placed on file. Motion carried. RESOLUTIONS TO BE ADOPTED 84328 - Moved by Bowers, seconded by Roehr that "Resolution authorizing the condemnation of certain parcels of real property for the Blowers Creek Flood Control Project owned by Thompson's Used Cars, Inc., Raymond J. and Flora M. Hayes, and Lawrence W. & Evalyn S. Stansberry", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-289. 84329 - Moved by Roehr, seconded by Bowers 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 Project from -Carl & Rose Russell, Kathryn Dettmer, David & Joyce Dunn, Hilliard & Evelyn Beaton & Kenney Corporation", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-290. 84330 - Moved by Roehr, seconded by Burton that communication from Community Development transmitting offer of C. Harold Truax to purchase Disposal Parcel No. 18a and b in the Logan Avenue Urban Renewal Area, Project Iowa R-2 in the amount of $2,000.00, together with recommendation of approval be received, placed on file and "Resolution setting date of hearing as August 1, 1983 at 7:00 p.m. in the City Hall Council Chambers on above described request", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-291. 84331 - Moved by Dowie, seconded by Burton that "Resolution approving and providing for the execution of an Urban Development Action Grant Contract No. B -78 -AA -19-0001, Amendment No. 2 by and between the City of Waterloo, Iowa, and the U.S. Department of Housing and Urban Development", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-292. July 18, 1983 ORDINANCES TO BE ADOPTED 84332 - Moved by Penaluna, seconded by Roehr ''\ Page Five that "Ordinance amending 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; enacting in lieu thereof a new Subsection A, 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, two family dwellings and other permitted uses", be received, filed, considered and passed for the second time. Ayes: Seven. Motion carried. 84333 - Dave Hershberger, requestor of the rezoning, reported that the additional land will allow him to replace land purchase by the Iowa Department of Transportation for highway construction. An adjacent neighbor reported that he had not been contacted for the public hearing conducted by the Planning, Programming and Zoning Commission. He requested additional time to solicit signatures in opposition to the rezoning. Moved by Penaluna, seconded by Roehr that "an Ordinance amending Ordinance No. 2479, as amended, Zoning Ordinance of the City of Waterloo, Iowa by adding Sub -section No. 205 to Section 2A-5 Rezoning Certain Property", be received, placed on file, and action delayed one (1) week. Ayes: Wilharm, Burton, Bowers. Nays: Getty, Penaluna, Roehr and Dowie. Motion not carried. 84334 - Moved by Burton, seconded by Dowie that the above remarks be received, placed on file, and "an Ordinance amending Ordinance No. 2479, as amended, Zoning Ordinance of the City of Waterloo, Iowa by adding Sub -section No. 205 to Section 2A-5 Rezoning Certain Property", be received, placed on file, passed and considered for the second time. Ayes: Getty, Penaluna, Roehr, Dowie. Nays: Wilharm, Burton, Bowers. Motion carried. 84335 - Moved by Roehr, seconded by Bowers that an "Ordinance amending Ordinance No. 2644, known as the Traffic Ordinance, by repealing Subsections (40) and (40a), Hammond Avenue and Subsection (93) Third Street, of Section 541, increasing speed limits in certain areas; enacting in lieu thereof a new Subsection (40) Hammond Avenue and a new Subsection (93) Third Street, to Section 541, increasing speed limits in certain areas; and by adding Subsection (32c) Brookeridge Drive to Section 551, parking prohibited at all times on certain streets", be received, filed, considered and passed for the third time. Ayes: Six. Nays: Burton. July 18, 1983 Page Six ORDINANCES TO BE ADOPTED CONTINUED 84336 - Moved by Bowers, seconded by Penaluna that an "Ordinance amending Ordinance No. 2644, known as the Traffic Ordinance, by repealing Subsections (40) and (40a), Hammond Avenue and Subsection (93) Third Street, of Section 541, increasing speed limits in certain areas; enacting in lieu thereof a new Subsection (40) Hammond Avenue and a new Subsection (93) Third Street, to Section 541, increasing speed limits in certain areas; and by adding Subsection (32c) Brookeridge Drive to Section 551, parking prohibited at all times on certain streets", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3292. NEW BUSINESS 84337 - Moved by Bowers, seconded by Burton that City Engineer's final plats, schedule of assessments, breakdown of project costs, for the F.Y. 1982 Lowder Road Sanitary Sewer, Contract No. 180, be received and placed on file. Motion carried. 84338 - Moved by Roehr, seconded by Bowers that "Resolution adopting Schedule of Abandoned Assessments and Final Plats and Schedules of Assessments for the FY 1982 Lowder Road Sanitary Sewer, Contract No. 18011, be adopted. Ayes: Seven. Resoluton adopted and upon approval by Mayor assigned No. 1983-293. 84339 - Moved by Dowie, seconded by Bowers that "Resolution adopting and levying final schedule of assessments for the FY 1982 Lowder Road Sanitary Sewer Program, Contract No. 180", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-294. 84340 - Moved by Bowers, seconded by Burton that communication from Fire Chief transmitting the following promotions, be received, placed on file, and approved: Robert L. Brandes to the rank of Fire Equipment Operator Patrick L. Mangin to the rank of Fire Equipment Operator Ambulance/Drive Attendants, Paramedics/EMT's to Fire Equipment Operators: Dennis R. Davis Richard A. Riker Ned R. DeBerg Stephen L. Weliver Steven G. Jordan Motion carried. July 18, 1983 NEW BUSINESS CONTINUED 84341 - Moved by Roehr, seconded by Burton Page Seven 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 Community Development Administrator and Flood Control Administrator to attend Water Resources Congress Board of Directors and Flood Control Meeting, Louisville, Kentucky, August 24-26, 1983 --cost not to exceed $577.00. Two Fire Department Personnel to attend Hazard Material Conference, Des Moines, Iowa, July 20 and 21, 1983, cost not to exceed $150.00, plus use of City vehicle. Motion carried. MISCELLANEOUS 84342 - Moved by Wilharm., seconded by Bowers 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 Permit plus Sunday Sales Class Rails end, 110 Ida, (Renewal) (Expires 7/23/84) Hat Trick Lounge, 425 Washington, (Renewal) (Expires 8/7/84) Buck Hill, 704 Cleveland, (Renewal) (Expires 7/29/84) Beer License Application Permit Class E. U. Groves dba Grove Groceries, 909 Walnut, (New) (Expires 7/20/84) plus Sunday Sales Thompson Used Cars, Inc., 2230 Independence (Renewal) (Expires 7/24/84) Motion carried. 84343 - Moved by Wilharm, seconded by Getty that communication from Police Chief recommending that the Class C, Beer and Liquor License for Pothast & Horslund, dba Gray Horse Lounge, 102 W. 11th be suspended for a period of 14 days with authorization by the Iowa Code, Chapter 123.50 Subsection 3 for violation of Miscellaneous Prohibitions, Iowa Code 123.49 Subsection 2 paragraph B pertaining to the sale of alcoholic beverage after 2:00 a.m. and before 6:00 a.m., be received, placed on file and approved. Motion carried. 84344 - Moved by Getty, seconded by Roehr that 13 cigarette license renewals be received, placed on file and approved. Motion carried. July 18, 1983 Page Eight MISCELLANEOUS CONTINUED 84345 - Moved by Burton, seconded by Getty that the following Ambulance Driver/Attendent application be received, placed on file and approved: Steve Weliver Motion carried. BONDS 84346 - Moved by Burton, seconded by Getty that the report of City Attorney and list of bonds filed with Clerk through July 18, 1983, be received, placed on file and report and bonds approved. Motion carried. ADJOURNMENT 84347 - Moved by Bowers, seconded by Dowie that the Council adjourn. Motion carried. Michelle Temeyer, Deputy Clerk/Auditor