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HomeMy WebLinkAbout07/11/83July 11, 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 11, 1983. Mayor Rooff in the Chair. Roll Call: Getty, Penaluna, Wilharm, Roehr, Dowie, Burton and Bowers. Invocation: Wilharm. 84267 - Moved by Roehr, seconded by Dowie that the Agenda, as amended for the Regular Session of July 11, 1983, at 7:00 p.m., be accepted and approved. Motion carried. 84268 - Moved by Dowie, seconded by Burton that the Minutes of the Regular Session held July 7, 1983 at 7:00 p.m., be approved. Motion carried. HEARINGS 84269 - Moved by Roehr, seconded by Penaluna that proof of publication of notice of public hearing on an amendment to Ordinance No. 2479, as amended, Zoning Ordinance --Side Yard Requirements in "R-1" One and Two Family Residence District, as published in the Waterloo Courier on June 29, 1983, be received and placed on file. Motion carried. 84270 - 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 Burton, seconded by Penaluna that "Amendment to Ordinance No. 2479, as amended, Zoning Ordinance -- Side Yard Requirements in "R-1" One and Two Family Residence District", be received, filed, considered and passed for the first time. Ayes: Seven. Motion carried. 84271 - Moved by Getty, seconded by Wilharm that proof of publication of notice of public hearing to vacate, sell and convey an alley lying between Commercial and Jefferson Streets and southeasterly of W. 18th Street, as published in the Waterloo Courier on July 1, 1983, be received and placed on file. Motion carried. 84272 - 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 Dowie that "an Ordinance to vacate, sell and convey an alley lying between Commercial and Jefferson Streets and southeasterly of W. 18th Street", be received, filed, considered and passed for the first time. Ayes: Seven. Motion carried. July 11, 1983 HEARINGS CONTINUED 84273 - Moved by Roehr, seconded by Dowie Page Two 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. 84274 - Moved by Wilharm, seconded by Burton that "an Ordinance to vacate, sell and convey an alley lying between Commercial and Jefferson Streets and southeasterly of W. 18th Street", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3288. 84275 - Moved by Getty, seconded by Roehr that "Resolution authorizing the sale and conveyance", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-268. 84276 - Moved by Roehr, seconded by Burton that proof of publication of notice of public hearing to vacate, sell and convey portion of Louise Street, as published in the Waterloo Courier on June 29, 1983, be received and placed on file. Motion carried. 84277 - 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 Getty, seconded by Bowers that "an Ordinance to vacate, sell and convey a portion of Louise Street", be received, filed, considered and passed for the first time. Ayes: Seven. Motion carried. 84278 - Moved by Roehr, seconded by Penaluna 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. 84279 - Moved by Wilharm, seconded by Bowers that "an Ordinance to vacate, sell and convey a portion of Louise Street", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3289. 84280 - Moved by Burton, seconded by Bowers that "Resolution authorizing the sale and conveyance", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-269. July 11, 1983 HEARINGS CONTINUED 84281 - Moved by Burton, seconded by Dowie Page Three that proof of publication of notice of public hearing to rezone from "R-2" One and Two Family Residene District to "C-2" Commercial District a parcel located north of Hawthorne Avenue between Wisconsin Street and U.S. Highway 218 --David Hershberger, as published in the Waterloo Courier on June 29, 1983, be received and placed on file. Motion carried. 84282 - HOLD HEARING --This being the time and place of hearing the Mayor called for written and oral objections. Leland Anderson spoke in opposition to the rezoning as it may decrease the value of his property at 1909 Hawthorne Street. Don Temeyer, stated that there was a petition on file with 71% of the residents in favor of rezoning. Moved by Burton, seconded by Bowers to receive and place on file the above comments. 84283 - Moved by Dowie, seconded by Penaluna that "an Ordinance to rezone from "R-2" One and Two Family Residence District "C-2" Commercial District a parcel located north of Hawthorne Avenue between Wisconsin Street and U.S. Highway 218 --David Hershberger", be received, filed, considered and passed for the first time. Ayes: Getty, Penaluna, Roehr, Dowie. Nays: Wilharm, Burton and Bowers. Motion carried. 84284 - Moved by Roehr, seconded by Getty that proof of publication of notice of public hearing on the request of Home Savings and Loan Association to obtain certain easements from the City --610/612 and 614 Sycamore Street, as published in the Waterloo Courier on June 29, 1983, be received and placed on file. Motion carried. 84285 - 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 Wilharm, seconded by Dowie that "Resolution authorizing the exchange of easements between the City and Home Savings and Loan", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-270. 84286 - Moved by Penaluna, seconded by Burton that proof of publication of notice of public hearing on the request of Home Savings and Loan Association for site plan amendment for property located northeast of Intersection of Ansborough and Iowa Highway 412, as published in the Waterloo Courier on July 1, 1983, be received and placed on file. Motion carried. July 11, 1983 HEARINGS CONTINUED Page Four 84287 - 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 Burton, seconded by Bowers that "Resolution approving for site plan amendment for Home Savings and Loan Association property located northeast of Intersection of Ansborough Ave., and Iowa Highway 412", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-271. 84288 - Moved by Roehr, seconded by Getty that proof of publication of notice of public hearing on the Sale of Disposal Parcel No. 4 in the Iowa R-2 Logan Avenue Urban Renewal Area -115 Quincy to Doris Williams as published in the Waterloo Courier on June 29, 1983, be received and placed on file. Motion carried. 84289 - 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 Getty, seconded by Bowers that "Resolution approving sale and authorizing execution of necessary contract deed", be adopted. Ayes: Seven. Resolution adopted and approval by Mayor assigned No. 1983-272. PETITIONS FROM PUBLIC 84290 - Moved by Dowie, seconded by Burton that request of Swisher and Court Building Partnership for property tax abatement to commercial property located at 528 W. 4th Street, be received and placed on file and "Resolution granting the tax abatement for property located at 528 W. 4th Street", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-273. UNFINISHED BUSINESS 84291 - Mayor Leo P. Rooff declared that the five year program for street reconstruction, with no assessment be approved and "Resolution approving the street reconstruction, with no assessment", be declared adopted. Ayes: Seven. (see CR 84243 - July 5, 1983) Resolution adopted and upon approval by Mayor assigned No. 1983-274. DOCUMENTS 84292 - Moved by Roehr, seconded by Dowie that communication from Engineering Department transmitting of Acceptance and Completion Report for Lowder Road Sanitary Sewer Project, Contract No. 180, be received, placed on file, and "Resolution approving said recommendation of Acceptance and Completion reports for the above contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-275. July 11, 1983 RESOLUTIONS TO BE ADOPTED 84293 - Moved by Bowers, seconded by Burton Page Five that "Resolution accepting and approving certain easement agreements and accepting and approving certain easements from Russell and Kathryn Poyner in conjunction with Blowers Creek Flood Control Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-276. ORDINANCES TO BE ADOPTED 84294 - Moved by Dowie, seconded by Roehr 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; and enacting in lieu thereof a new Subsection (40) Hammond Avenue and a new Subsection (93) Third Street, to Section 541, increasinq 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 second time. Motion carried. 84295 - Moved by Bowers, seconded by Getty that "Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by adding Subsection 7-5, Trapping, to Chapter 7, Animals and Fowl", be received, filed, considered and passed for the third time. Ayes: Seven. Motion carried. 84296 - Moved by Burton, seconded by Bowers that "Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by adding Subsection 7-5, Trapping, to Chapter 7, Animals and Fowl", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3290. 84297 - Moved by Burton, seconded by Bowers that "Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 7-55 (noisy, annoying dogs and cats) of Chapter 7, Animals and Fowl; and by enacting in lieu thereof a new Section 7-55 (noisy, annoying animals) to Chapter 7, Animals and Fowl", be received, filed, considered and passed for the third time. Ayes: Seven. Motion carried. 84298 - Moved by Bowers, seconded by Burton that "Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 7-55 (noisy, annoying dogs and cats) of Chapter 7, Animals and Fowl; and by enacting in lieu thereof a new Section 7-55 (noisy, annoying animals) to Chapter 7, Animals and Fowl", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3291. July 11, 1983 Page Six BILLS - PAYMENTS 84299 - Moved by Dowie, seconded by Burton that "Resolution approving the following Pay Estimates: F.Y. 1983 Street Pavement Mudjacking Program No. 3, Contract No. 253 rns er & company, Inc., MT -mate No. I --$.19,4Zb.36 F.Y. 1983 Orange Grove Trunk Sewer, Con. No. 247 ametti & Sons, Inc. Estimate No. 5 -- $46,068.00 F.Y. 1983 Paving Program, Section II, Con. No. 234 Dale j. Clarkon rac ing Uo., Estimate No. -- Lowder Road Sanitary Sewer Project, Contract No. 180 LAman Trucking & Excavating Inc., Estimate No. 5 -- $6,7837r% be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-277. 84300 - Moved by Penaluna, seconded by Roehr that "Resolution recommending the approval and payment of sick leave and vacation pay to various Conway Civic Center employees: Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-278. NEW BUSINESS 84301 - Moved by Dowie, seconded by Roehr that "Preliminary resolution for the construction of public improvements, for the FY 1984 Paving Program, Contract No. 250", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-279. 84302 - Moved by Burton, seconded by Penaluna that "Resolution fixing values of lots", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-280. 84303 - Moved by Wilharm, seconded by Bowers that "Resolution adopting preliminary plat, schedule of assessments, estimate of cost and proposed plans and specifications", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-281. 84304 - Moved by Roehr, seconded by Getty that "Proposed Resolution of Necessity and setting date of hearing", be adopted and Clerk/Auditor instructed to publish notice of public hearing as August 1, 1983, 7:00 p.m. in the City Hall Council Chambers. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-282. July 11, 1983 NEW BUSINESS CONTINUED 84305 - Moved by Penaluna, seconded by Wilharm -'N Page Seven that "Resolution accepting work for the 1982 Lowder Road Sanitary Sewer Improvement Project, Contract No. 18011, be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-283. 84306 - Moved by Wilharm, seconded by Burton that "Resolution ordering preparation of final plat and schedule of assessments", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1983-284. 84307 - Moved by Getty, seconded by Dowie that communication from Mayor Leo P. Rooff recommending the reappointment of Warren Cunningham and Cecil A. Pierce to the Metropolitan Transit Authority Board of Directors for a 3 year term, expiring July 1, 1986, be received and placed on file and approved. Motion carried. 84308 - Moved by Wilharm, seconded by Bowers to receive and place on file the report of the Public Safety Committee and approve authorization for the employment of one Fire Fighter be approved. Motion carried. MISCELLANEOUS 84309 - Moved by Dowie, seconded by Wilharm that the following Beer License Application Permits be received, considered and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and the approval of the following licenses and permits, be received, placed on file and approved: Beer and Liquor License Application Permit ass Anchor ounge, 324 E. 4th, (Renewal) (Expires 7/15/84) Vic's Lounge, 1106 LaPorte Rd., (Renewal) (Expires 7/17/84) Herb's Round Table, 1307 W. 5th, (Renewal) (Expires 7/13/84) plus Sunday Sales Silver Cue, 814 LaPorte Rd., (New) (Expires 714/84) plus Sunday Sales Beer License Application Permit plus Sunday Sales ass er�nn. & Goldie E. Boleyn, 319 Edwards, (Renewal) (Expires 8/29/84) Kenneth & Kay Buehler, Buehler Meat Market, 600 Reber Ave., (old location -new owner) (Expires 7/8/84) Automobile Salvage Yard Permit Application Charlie's Auto Salvage, 821 Dearborn Street Dance License Application Scotf Morgensen,73—r-g7-s-Tottom Line Cigarette Permit Application enewa Motion carried. July 11, 1983 Page Eight BONDS 84310 - Moved by Bowers, seconded by Burton that the report of the City Attorney and list of bonds filed with the Clerk through July 11, 1983, be received, placed on file and report and bonds approved. Motion carried. An,1nIIRNMFNT 84311 - Moved by Burton, seconded by Getty that the Council adjourn. Motion carried. Larry P. Burger, City Clerk/Auditor