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June 20, 1983
'1
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 June 20,
1983. Mayor Rooff in the Chair. Roll Call: Getty, Penaluna, Roehr,
Wilharm, Dowie, Burton, Bowers.
Invocation: Wilharm
84155 - Moved by Roehr, seconded by Getty
that the Agenda, as proposed for the Regular Session of June 20,
1983, at 7:00 p.m., be accepted and approved.
Motion carried.
84156 - Moved by Burton, seconded by Dowie
that the Minutes of the Regular Session held June 20, 1983 at 7:00
p.m., be approved.
Motion carried.
ADJOURNED HEARINGS
84157 - HOLD HEARING --This being the time and place for the public hearing
the Mayor called for objections.
Curt Van Deest, of the Engineering Department stated that the
original petition for Edison Street was signed by 50% of the
residents effected. Since the proposed assessments, 25% have
protested. The Engineering Department would recommend placing Edison
Street in the Oiling Program.
Curt Van Deest continued that on the original petition for Jersey
Lane 70% signed in favor of oiling. Since the proposed assessment,
36% are protesting. The Engineering Department would now recommend
the Jersey Lane be left in the F.Y. 1983 Oiling Program.
Werner Wittman, 1314 Jersey Lane, spoke against oiling Jersey Lane.
Mr. Wittman stated that his assessment was to high and questioned how
long the oiling would last.
Mayor Rooff stated that the City couldn't predict how long any oiling
job would last.
84158 - Moved by Roehr, seconded by Getty
that "Resolution adopting Resolution of Necesesity, as amended", to
include Jersey Lane & Edison Street", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-221.
84159 - Moved by Bowers, seconded by Burton
that "Resolution adopting Resolution Ordering Work", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-222.
June 20, 1983 Page Two
HEARINGS
84160 - Several residents of Ashland Avenue stated that they thought they had
enough people opposed to the oiling program to stop it. The
residence presented two additional letters of protest from Mrs. Clara
Stitt, 758 West Donald St., and Mrs. Nettie Phelp, 2015 Ashland
Avenue and asked that the hearing be adjourned one week and
reconsider Ashland Avenue.
Moved by Getty, seconded by Dowie
To receive and place on file all oral and written comments and
adjourn the hearing on the FY 1983 Oiling Program for Ashland Avenue
until Monday, June 27, 1983, at 7:00 p.m. in the City Hall Council
Chambers.
Motion carried.
84161 - Moved by Roehr, seconded by Dowie
that proof of publication of notice of public hearing to vacate a
portion of Memorial Court generally located northwesterly of
Commercial and W. 6th Street, as published in the Waterloo Courier on
.June 14, 1983, be received and placed on file.
Motion carried.
84162 - 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 Getty, seconded by Burton
that "an Ordinance to vacate a portion of Memorial Court generally
'located northwesterly of Commercial and W. 6th Street", be received,
filed, considered and passed for the first time.-. Ayes: Seven.
Motion carried.
r:
84163 - Moved by Roehr, seconded by Bowers
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.
84164 - Moved by Bowers, seconded by Burton
that "an ordinance to vacate a portion of Memorial Court generally
located northwesterly of Commercial and W. 6th Street", be adopted.
Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3286.
84165 Moved by Bowers, seconded by Burton
that proof of publication of notice of public hearing on the sale and
conveyance of the Municipal Parking Lot located at W. 6th and -
Commercial as published in the Waterloo Courier on June 9 1983, be
received and placed on file.
Motion carried.
84167 - The Clerk/Auditor reported that he had received one bid from Peoples
Bank & Trust Company of Waterloo in the amount of $120,000. A
certified check for $12,000 and the balance due by July 1, 1983 of
$108,000. The buyer also agrees to lease back the parking lot
portion of the property to the City for $1.00 per year on a
net -net -net basis to the City through July 1, 1988, subject to
earlier cancellation depending on buyer's needs for construction.
Moved by Getty, seconded by Penaluna
that "Resolution authorizing the sale and conveyance of the Municipal
Parking Lot located at W. 6th and Commercial with at least 3 years of
parking revenues of approximately $5,000 per year", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-223.
ORAL PRESENTATIONS
Warren Kelsey, 319 Hanna Blvd., questioned what the latest update on
the condition of Hanna Blvd.
Mayor Rooff responded that there is a possibility that it might be
repaired with Substitution Monies.
Paul Radue, 3332 Ellington asked for a report on developing an
inter -connect system for the Waterloo School System by the Waterloo
Cablevision.
Mayor Rooff reported that the Waterloo Cable Company will install a
system similar to the one in Cedar Falls.
84168 - C.W. Parsons presented a petition to remove a nuisance in the area of
Cardinal Drive, Rainbow Drive and Vincent Road. A basement was dug
and never finished and now is full of water which may be hazardous to
small children.
Moved by Penaluna, seconded by Wilharm
To receive and place on file the petition from residents in the
Cardinal Drive, Rainbow Drive and Vincent Road area and refer to the
City Attorney's Office.
Motion carried.
June 20, 1983 Page Four
PETITIONS FROM PUBLIC
84169 - Moved by Roehr, seconded by Getty
communication from Plan & Program Commission transmitting the request
of David Hershberger to rezone from "R-2" One and Two Family District
to "C-2" Commercial District a lot located north of Hawthorne Avenue
between Wisconsin Street and U.S. Highway 218, together with
recommendation of approval be received, placed on file and
"Resolution setting date of hearing as July 11, 1983 at 7:00 p.m.,
in the City Hall Council Chambers on above described proposal", be
adopted and Clerk/Auditor instructed to publish notice accordingly.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-224.
84170 - Moved by Penaluna, seconded by Bowers
communication from Plan & Program Commission transmitting the request
of Home Savings and Loan for certain easements on existing structure
located at 610/612 and 614 Sycamore Street (Old Cedar Book Store
Building), together with recommendation of approval be received,
placed on file and "Resolution setting date of hearing as July 11,
1983 at 7:00 p.m., in the City Hall Council Chambers on above
described proposal", be adopted and Clerk/Auditor instructed to
publish notice accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-225.
84171 - Moved by Getty, seconded by Wilharm
communication from Plan & Program Commission transmitting the request
of Chamberlain Corp., to vacate, sell and convey a portion of Louise
Street with retention of utility easement, together with
recommendation of approval be received, placed on file and
"Resolution setting date of hearing as July 11, 1983 at 7:00 p.m.,
in the City Hall Council Chambers on above described proposal", be
adopted and Clerk/Auditor instructed to publish notice accordingly.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-226
84172 - Moved by Wilharm, seconded by Penaluna
communication from Plan & Program Commission transmitting the request
of Lind Standard Service Station for approval for new curb cut and
extension of existing curb cut located at Ridgeway and Edgemont
Avenue, be received, placed on file and approved. Ayes: Seven.
Motion carried.
84173 - Moved by Burton, seconded by Wilharm
communication from Plan & Program Commission transmitting the request
of Jerry Kettels, 404 Devonshire for curb cut approval on Ansborough
Avenue, be received, placed on file and approved. Ayes: Seven.
Motion carried.
01N IN
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Ifto., .
June 20, 1983
PETITIONS FROM PUBLIC CONTINUED
84174 - Moved by Roehr, seconded by Wilharm
Page Five
communication from Half Pint Saloon, Inc., 1831 Independence Avenue
to conduct Grand Opening on June 25, 1983, be received, placed on
file and "Resolution authorizing the Half Pint Saloon, Inc., 1831
Independence, to conduct a grand opening on June 25, 1983 and
extending operations into the adjacent parking lot", be adopted.
Ayes: Six. Abstaining: Bowers.
Resolution adopted and upon approval by Mayor assigned No. 1983-227.
84175 - Moved by Wilharm, seconded by Getty
that communication from City Engineer transmitting request of
.Corinthian Baptist Church, 915 Willow Street for temporary asphalt
driveways, irrespective of latter official grade together with
recommendation of approval be received, placed on file and
"Resolution authorizing the construction of a temporary asphalt
driveway 915 Willow Street irrespective of latter official grade", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-228.
84176 - Moved by Wilharm, seconded by Getty
that communication from City Engineer transmitting request of
Leon Mosley, 99 John Street for temporary asphalt driveway,
irrespective of latter official grade together with recommendation of
approval be received, placed on file and "Resolution authorizing the
construction of a temporary asphalt driveway at 99 John Street
irrespective of latter official grade", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-229.
84177 - Moved by Getty, seconded by Wilharm
that petition from area residents in the 400 block of Jackson Street
requesting paving, be received, placed on file and referred to
Community Development.
Motion carried.
REPORTS
84178 - Moved by Bowers, seconded by Burton
that Report from Community Development Board be received and placed
on file.
Motion carried.
84179 - Moved by Wilharm, seconded by Roehr
that Report from Transportation/Program Manager transmitting
engineering firms submitting proposals for various projects in
conjunction with the Interstate Substitution Program together with
rankings of the Consultant Selection Committee, be received and
placed on file.
Motion carried.
June 20, 1983 Page Six
DOCUMENTS
84180 - Moved by Bowers, seconded by Roehr
that communication from City Engineer transmitting Agreement for
repair and maintenance of Municipal Extensions of Primary Roads with
the Iowa Department of Transportation, 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: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-230.
84181 - Moved by Roehr, seconded by Penaluna
that communication from City Engineer transmitting FY 1983 Conway
Vicinity Parking Ramp, Contract No. 241, Change Order No. 4 for
increase in the amount of $123,050.57 to Cardinal Construction Co.,
together with recommendation of approval, be received, placed on file
and approved, and Mayor and Clerk/Auditor authorized to execute
same.
Motion carried.
RESOLUTIONS TO BE ADOPTED
84182 - Moved by Getty, seconded by Dowie
that "Resolution authorizing the Waterloo Housing Authority to make
application to the Department of Housing and Urban Development for 25
Units under the Section 8 existing Housing Association Payment
Program and setting date of hearing as July 7, 1983 at 4:00 p.m.
in the City Hall Council Chambers", be adopted and Clerk/Auditor
instructed to publish notice of hearing accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-231.
84183 - Moved by Dowie, seconded by Roehr
that "Resolution transferring from the General fund to the Road Use
Fund the sum of Seventy Thousand Dollars, ($70,000) be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-232.
84184 - Moved by Roehr, seconded by Penaluna
that "Resolution authorizing the sale of Disposal No.4 in the Logan
Avenue Urban Renewal Area Project No. Iowa R-2 and setting date of
hearing as July 11, 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: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-233.
84185 - 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 from
Waterloo Savings Bank (ACME Trust) in conjunction with the Blowers
Creek Flood Control Project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-234.
..N -'11,
June 20, 1983 Page Seven
RESOLUTIONS TO BE ADOPTED CONTINUED
84186 - Moved by Dowie, seconded by Bowers
that "Resolution accepting and approving certain offers to sell real
property to the City and accepting and approving certain deeds from
Robert F. Lichty in conjunction with the East Side Parking Ramp
facility", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-235.
84187 - Moved by Roehr, seconded by Pen'aluna
that "Resolution authorizing the execution of Memorandum of Agreement
between the City of Waterloo and NE Iowa Real Estate Investment,
Ltd., regarding the issuance of Industrial Revenue Bonds in the
amount of $350,000", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-236.
84188 - Moved by Roehr, seconded by Penaluna
that "Resolution fixing date of hearing on Proposed Industrial
Revenue Bonds, not to exceed $350,000 Series 1983 (Urgicenter
Project) as July 18, 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: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-237
84189 - Moved by Burton, seconded by Bowers
that "Resolution authorizing preparation & submission of application
for Emergency Jobs Bill to the U.S. Department of Commerce -Economic
Development Administration for $1,000,000 in conjunction with the
construction of City Hall addition", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-238.
84190 - Moved by Bowers, seconded by Burton
that "Resolution instructing Clerk not to publish notice to property
owners notifying them to cut or destroy weeds, vines, or bushes
required by Chap. 35 (Vegetation) Article II Weeds, Section 35-13 of
the Waterloo Code of Ordinances", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-239.
84191 - Moved by Burton, seconded by Bowers
that "Resolution approving and providing for execution of
Housing, Community Development Block Grant, Contract No.
B -83 -MC -19-0008 by and between the City of Waterloo and the U.S.
Department of Housing and Urban Development", be adopted.
Resolution adopted and upon approval by Mayor assigned No. 1983-240.
June 20, 1983 Page Eight
ORDINANCES TO BE ADOPTED
84192 - Moved by Wilharm, seconded by Roehr
that an "Ordinance amending Ordinance No. 2644, known as the Traffic
Ordinance, by repealing Subsection (4) Sycamore Street to Section
562A, Two Hour Parking", be received, filed, and 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 a
now placed on its final adoption. Ayes: Seven.
Motion carried.
84193 - Moved by Bowers, seconded by Penaluna
that an "Ordinance amending Ordinance no. 2644, known as the Traffic
Ordinance, be repealing Subsection (4) Sycamore Street to Section
562A, Two Hour Parking, be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3287.
NEW BUSINESS
84194 — Moved by Dowie, seconded by Burton
that communication from Mayor Leo P. Rooff recommending the
appointment of George Keith, 260 Columbia Circle to the Board of
Adjustment, be received, placed on file and approved.
84195 - Moved by Roehr, seconded by Penaluna
that communication from Planning, Programming and Zoning Commission
transmitting changes to Ordinance No. 2479, as amended, Zoning
Ordinance relating to side yard requirements in an "R-1" one and two
Family District be received, placed on file and "Resolution setting
date of hearing on the above proposal as July 18, 1983, at 7:00 p.m.
in the City Hall Council Chambers", be adopted and Clerk/Auditor
instructed to publish notice of hearing accordingly.
Resolution adopted and upon approval by Mayor assigned No. 1983-241.
84196 - Mayor Rooff stated that due to the inconsistency between the City
employees under bargaining units and the employees not under
bargaining units, he would recommend to the Council that all
employees not under the bargaining units and outside the City
step -range system be granted a $1,000 annual raise beginning July 1,
1983 and also the Mayor announced that the step -system be
re -implemented beginning July 1, 1983, with a minimum advance of
$600.00 annual increase effective on July 1, 1983.
Moved by Penaluna, seconded by Dowie
to receive and place on file the Mayor's oral comments and approve
them.
Motion carried.
84197 - Moved by Roehr, seconded by Burton
that report from Police Department on the cleaning allowance for
Police Officers be received, placed on file and "Resolution
authorizing the Police Department to make said payment", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-242.
June 20, 1983
NEW BUSINESS CONTINUED
84198 - Moved by Burton, seconded by Dowie
ka
Page Nine
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
Police Officers and Jailer to attend Basic Jail Operations and
Training, Waverly, Iowa, July 11-15, 1983 cost not to exceed
$172.50 plus use of City vehicle.
Motion carried.
MISCELLANEOUS
84199 - 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 also
approval of the following permits:
Beer and Liquor License Permit Application plus Sunday Sales
Class
rr aterna1 Order of Eagles, 202 E. First Street, (Renewal) (Expires
7/1/84)
Beer and Liquor License Permit Application plus Sunday Sales
Class
aFf ndari Cafe, 510 Mulberry Street, (Renewal) (Expires 6/30/84)
Knights of Columbus, 1955 Locke, (Renewal) (Expires 7/1/84)
Beer and Liquor License Permit Application
ass
oras ounge, 2341 Falls Avenue, (Renewal) (Expires 6/24/84)
Woods Tap, 226 W. 11th Street, (Renewal) (Expires 7/1/84)
Black Bull Lounge, 605 Ansborough, (Renewal) (Expires 7/2/84)
Beer License Permit Application
Class
Uncle C arlie's, Inc., 408 W. Park Avenue, (Renewal) (Expires
5/1/84)
Beer License Permit Application plus Sunday Sales
Cl ass
al Firnal Cigar Store, 617 Sycamore, (Renewal) (Expires 7/5/84)
R & G Oil Co., 1020 Franklin St., (Renewal) (Expires 7/7/84)
Motion carried.
84200 - Moved by Getty, seconded by Getty
that the following Ambulance Driver Permit Application and Fireworks
Display Application be received, placed on file and approved.
Ambulance Driver Permit Application
Kevin BarKnott, 13V Edgewood
Fireworks Display Application
Sunnyside Country u , =Olympic Drive
Motion carried.
June 20, 1983 Page Ten
BONDS
84201 - Moved by Burton, seconded by Getty
that the report of City Attorney and list of bonds filed with Clerk
through June 20, 1983, be received, placed on file and report and
bonds approved.
Motion carried.
ADJOURNMENT
84202 - Moved by Burton, seconded by Wilharm
that the Council adjourn
Motion carried.
Larry P. Burger, City Clerk/Auditor