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HomeMy WebLinkAbout08/09/82I IN August 9, 1982 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 August 9, 1982. Mayor Rooff in the Chair. On Roll Call: Present: Getty, Penaluna, Roehr., Wilharm, Bowers, Burton, Dowie. Invocation by Wilharm. 82902 - Moved by Roehr, seconded by Wilharm that agenda, as amended, for the Regular Session of August 9, 1982, at 7:00 p.m., be accepted and approved. Motion carried. 82903 - Moved by Burton, seconded by Bowers that the minutes of the Regular Session held August 2, 1982 at 7:00 p.m. be approved. Motion carried. ADJOURNED HEARINGS 82904 - The Mayor announced that the time had arrived for the adjourned hearing on the revocation of the Beer & Liquor License Permit of Barley Corn Lounge, 2421 Falls Avenue. (see CR 82873 of 8/2/82). Dave Keidal, Building Department, reported that the asphalting of the parking lot had been nearly completed. Moved by Getty, seconded by Burton that the Beer and Liquor License Permit of Barley Corn Lounge, 2421 Falls Avenue not be revoked. Motion carried. HEARINGS 82905 - Moved by Roehr, seconded by Getty that proof of publication of notice of hearing on changing speed limits on certain streets in the City of Waterloo as published in the Waterloo Courier on August 2, 1982 be received and placed on file. Motion carried. 82906 - HOLD HEARING --This being the time and place of hearing, the Mayor called for written and oral objections. A resident stated his opposition to the proposed increase in speed limits on E. Mitchell Avenue between W. 11th Street and LaPorte Road. No sidewalks exist and the safety of pedestrians may be jeopardized. Moved by Burton, seconded by Bowers to receive and place on file the above comments. Motion carried. 82907 - Moved by Getty, seconded by Penaluna to table for one (1) week action on the changing of speed limits on certain streets in the City of Waterloo, Iowa. Ayes: Roehr, Penaluna, Getty, Dowie. Nays: Wilharm, Bowers, and Burton. Motion carried. August 9, 1982 HEARINGS CONTINUED 82908 - Moved by Dowie, seconded by Burton Page Two that proof of publication of notice of public hearing on issuance of Industrial Development Revenue Refunding Bonds for American Bldg. Company Project, Series 1982 in the amount of $1,000,000 as published in the Waterloo Courier on July 23, 1982 be received and placed on file. Motion carried. 82909 - HOLD HEARING --This being the time and place of hearing, the Mayor called for written and oral objections and there were none. Moved by Penaluna, seconded by Getty that "Resolution authorizing the issuance of one million dollars ($1,000,000) principal amount of the City of Waterloo, Iowa Industrial Development Revenue Refunding Bonds (American Buildings Company Project), Series 1982 (the "Series 1982 Bonds") for the purpose of refunding $1,000,000 principal amount of the City's Industrial Development Revenue Bonds (American Buildings Company ` Project) Series 1979 (The "Series 1979 Bonds"), be adopted. Ayes: Penaluna and Getty. Nayes: Wilharm, Roehr, Bowers, Burton, and Dowie. Resolution not adopted. The Mayor called for oral presentations and there were none. PETITIONS FROM PUBLIC 82910 - Moved by Roehr, seconded by Wilharm that communication from Zoning Commission transmitting request of Dan Cowley to vacate an eight (8) foot utility easement along the easterly portion of Lot 17, Pro's Adition, together with recommendation of approval, be received, placed on file and "Resolution setting date of hearing as August 23, 1982, at 7:00 p.m. in the City Hall Council Chambers on above described proposal", be adopted and Clerk instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-352. 82911 - Moved by Wilharm, seconded by Dowie that request of Edwin Sells, 726 Cedar Bend Street, Carol A. Mancl, 5924 A -B Avenue, and Everett Axline, 2549 Edgemont to construct temporary concrete driveways, and temporary ashalt driveway for the latter address, without regard to sidewalk grade, together with $3 each for recording waiver and City Engineer's recommendation of approval, be received, placed on file and "Resolution granting permission to Edwin Sells, 726 Cedar Bend Street, Carol A. Mancl, 5924 A -B Avenue, and Everett Axline, 2549 Edgemont to construct temporary driveways irrespective of latter official grade", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-353, 354, 355 respectively. August 9, 1982 PETITIONS FROM PUBLIC CONTINUED 82912 - Moved by Bowers, seconded by Penaluna Page Three that application for variance to Ordinance No. 3094, Noise Ordinance, from Vis Roofing, Marshalltown, Iowa, to complete the roofing contract for the Black Hawk County Court House, together with recommendation of approval from the Police Department be received, placed on file, and "Resolution approving variance to Ordinance No. 3094, Noise Ordinance, for Vis Roofing, Marshalltown, Iowa", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-356. UNFINISHED BUSINESS 82913 - Moved by Bowers, seconded by Getty that communication from Clerk/Auditor requesting new date of hearing on sale of Urban Renewal Property (Parcel I-24) to John R. Rooff, III and John Rooff, Jr., known as 317 E. First Street, be received, placed on file, and "Resolution setting date of hearing as August 16, 1982, at 7:00 p.m. in the City Hall Council Chambers", be adopted and Clerk instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayq.r assigned No. 1982-357. 82914 - Moved by Bowers, seconded by Getty that communication from Clerk/Auditor requesting new date of hearing on rezoning request of Vern Halverfson Lot 10, Clark's Subdivison from "R-3" Multiple Family Residence District to "C -Z" Conditional Zoning be received, placed on file and "Resolution setting date of hearing as August 16, 1982, at 7:00 p.m. in the City Hall Council Chambers", be adopted and Clerk instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-358. 82915 - Moved by Wilharm, seconded by Roehr that communication from City Engineer recommending that the F.Y. 1983 Conway Vicinity Parking Ramp, Contract No. 241 bids received on August 2, 1982, be rejected with further action on said contract to be taken on August 16, 1982. (see CR 82863 of 8/2/82). Ayes: Seven. Motion carried. 82916 - Moved by Getty, seconded by Bowers that communication from City Engineer's Office recommending that award of contract for FY 1982 E. San Marnan at Sears Street and Penneys Street Improvements, Contract No. 230 be delayed until such time as the bids received on August 2, 1982 are reviewed by the Iowa Department of Transportation be received, placed on file, and approved. (see CR 82867 of 8/2/82). Motion carried. August 9, 1982 Page Four UNFINISHED BUSINESS CONTINUED 82917 - Moved by Getty, seconded by Bowers that communication from City Engineer's Office transmitting recommendation on acceptance of bid of Ohrt Excavating Corp., in the amount of $20,864.25 for the FY 1983 Pinehurst Drainage Improvements, Schedule II, Contract No. 242 be received, placed on file, approved and "Resolution awarding contract for the FY 1983 Pinehurst Drainage Improvements, Schedule II, Contract No. 242, in the amount of $20,864.25 to Ohrt Excavating Corp," be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-359. 82918 - Moved by Dowie, seconded by Roehr that communication from Assistant City Attorney making a recommendation of the four-way stop fund raiser for Muscular Dystrophy as referred to under CR 82880 of August 2, 1982, be received, placed on file and approved. Motion carried. REPORTS 82919 - Moved by Roehr, seconded by Burton that City Auditor's Statement for July, 1982, be received and placed on file. Motion carried. DOCUMENTS 82920 - Moved by Getty, seconded by Bowers that communication from City Engineer transmitting Completion Report and Recommendation of Acceptance for the FY 1982 Pinehurst Drainage Improvements, Schedule I, Contract No. 228 be received, placed on file, and "Resolution approving Completion Report and Recommendation of Acceptance for FY 1982 Pinehurst Drainage Improvements, Schedule I, Contract No. 228", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-360. 82921 - Moved by Bowers, seconded by Getty Councilman Bowers requested that the construction of a Sewer Bldg. at the Water Pollution Control Plant be moved up in the priority schedule. that communication from Plan & Program Director transmitting FY 1983-1987 Capital Improvements Program together with recommendation of approval be received, placed on file, and "Resolution approving FY 1983-1987 Capital Improvements Program", with above described amendment, be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-361. RESOLUTIONS TO BE ADOPTED 82922 - Moved by Dowie, seconded by Roehr that "Resolution authorizing the issuance and sale of $187,000 Industrial Revenue Bonds, Series 1982, (Superior Welding Project)," be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-362. August 9, 1982 RESOLUTIONS TO BE ADOPTED CONTINUED 82923 - Moved by Roehr, seconded by Getty Page Five that "Resolution authorizing the issuance and sale of $344,000 Industrial Revenue Bonds, Series 1982 (DaJack Properties Project)," be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-363. 82924 - Moved by Getty, seconded by Burton that "Resolution authorizing the issuance and sale of $125,000 Industrial Development Revenue Bonds, Series 1982 (Hershberger Development Project)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-364. 82925 - Moved by Wilharm, seconded by Getty that "Resolution authorizing and providing for the issuance of $8,375,000 General Obligation Bonds and levying a tax to pay said bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-365. 82926 - Moved by Penaluna, seconded by Bowers that communication from Plan and Program Director transmitting recommendation on condemnation of property in conjunction with Deere Road Improvements owned by Elmer S. & Ruth E. Haurum (contract buyer -Thomas L. & Karla Flaherty) be received, placed on file, and "Resolution authorizing condemnation of property owned by Elmer S. & Ruth E. Haurum (contract buyer -Thomas L. & Karla Flaherty) in conjunction with Deere Road Improvements," be adopted and City Attorney instructed to proceed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-366. ORDINANCES TO BE ADOPTED 82927 - Moved by Burton, seconded by Dowie that "an ordinance amending Ordinance No. 2644, known as the Traffic Code, by adding Subsections (35a) Camelot Drive and (249a) Sears Drive to Section 551, Parking prohibited at all times on certain streets," be received, placed on file, and passed for the first time. Ayes: Seven. Motion carried. 82928 - Moved by Burton, seconded by Wilharm that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended, and that above 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. 82929 - Moved by Wilharm, seconded by Burton that "an ordinance amending Ordinance No. 2644, known as the Traffic Code, by adding Subsections (35a) Camelot Drive and (249a) Sears 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. 3235. August 9, 1982 Page Six ORDINANCES TO BE ADOPTED CONTINUED 82930 - Moved by Bowers, seconded by Wilharm that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended, and that below described ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Seven. (see CR 82931 below) Motion carried. 82931 - Moved by Bowers, seconded by Burton an "ordinance amending Ordinance No. 2644, known as the Traffic Code, by adding Subsection (94a) Idaho and Monroe Street to Section 540, obedience to official traffic -control devices, and by repealing Subsection (46) Idaho Street of Section 543, thru streets, and enacting in lieu thereof a new Subsection (46) Idaho Street of Section 543, thru streets", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3236. BILLS -PAYMENTS 82"932 - Moved by Dowie, seconded by Wilharm that "Bills, Resolution, Schedule "A" and "B", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-367. 82933 - Moved by Getty, seconded by Roehr that "Resolution approving the following pay estimates for various construction projects, together with recommendation of approval: Pay Estimate No. 1 - Peek Street Sanitary Sewer Extention, Contract No. 229, Ernster & Co., Inc. --$7,095.95. Pay Estimate No. 1 - Lowder Road Sanitary Sewer Project, Contract No. 180, Lehman Trucking & Excavating, Inc. -- $44,281.40. Pay Estimate No. 1 - FY 1982 NHS Oneida Street Paving Program No. 2, Contract No. 231, Cedar Valley Corp., -- $13,586.89. Pay EstiRiate No. 1 - FY 1982 Sidewalk Repair Program, Section I and II, Contract No. 233, Seals Construction - $20,149.50. Pay Estimate No. 2 - FY 1982 Pinehurst Drainage Improvements, Schedule I, Contract No. 228, Nucon Construction, Inc. -- $101.16. Pay Estimate No. 4 - FY 1982 Paving Program, Contract No. 223, Cedar Valley Corp. -- $16,259.56", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982 - 368. 82934 - Moved by Roehr, seconded by Getty that communication from Mayor Leo P. Rooff recommending appointment • of Cecil J. DeLange to the Waterloo Redevelopment Authority with term expiration of October 13, 1982, be received, placed on file, and approved. Motion carried. August 9, 1982 Page Seven NEW BUSINESS CONTINUED 82935 - Moved by Roehr, seconded by Getty that communication from Mayor Leo P. Rooff recommending appointment of Fedon Petrides to the Waterloo Redevelopment Authority with term expiration of October 13, 1984 be received, placed on file, and approved. Motion carried. 82936 - Moved by Burton, seconded by Bowers that communication from Mayor Leo P. Rooff recommending appointment of John "Jack" Swinehart of 1900 Westchester Road to the Airport Commission with term expiration of September 17, 1984 be received, placed on file and approved. Motion carried. MISCELLANEOUS 82937 - Moved by Getty, seconded by Wilharm that the following request to attend functions with expenses be allowed not to exceed amounts shown, be received, placed on file and approved: Three (3) police officers to attend Management Level School at Iowa Law Enforcement Academy, August 29 - September 3, 1982, $104.25 total, plus use of City Vehicle. Ayes: Seven Motion carried. 82938 - Moved by Roehr, seconded by Getty that 2 new Cigarette License Applications be received, placed on file and approved. \ Motion carried. 82939 - John Holmes, City Attorney, advised the Council that their action of June 28, 1982 specifically stated that Mr. Speller's license only be revoked if the courts found him guilty. Since Mr. Speller pled guilty and was not tried, the council should not revoke the license. Moved by Dowie, seconded by Bowers that communication from Clerk/Auditor reporting on charges filed against Darryl Speller for possession of a controlled substance with intent to deliver, and his pleading of guilty to said charges with above mentioned person issued a Taxicab License on June 28, 1982 (see CR 82716 of 6/28/82) be received, placed on file and Taxicab License not revoked. Ayes: Six. Nays: Wilharm Motion carried. August 9, 1982 Page Eight MISCELLANEOUS CONTINUED 82940 - Moved by Getty, seconded by Dowie that the following applications for Beer & Liquor Licenses, be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer & Liquor Control Department: Beer & Liquor License Permit Applications Class C Becker -Chapman American Legion Post #138, 619 Franklin (Renewal) (Expires 8/9/83) Lee R. Smith dba Cliff's Supper Club, 106 Linn St., (Renewal) (Expires 8/15/83) The Dugout, Inc., dba The Dugout, 1125 W. Donald St., (Renewal) (Expires 8/16/83) Beer & Liouor License Permit Applications -Sunday Sales Class C Becker -Chapman American Legion Post #138, 619 Franklin (Renewal) (Expires 8/9/83) The Dugout Inc., dba The Dugout, 1125 W. Donald St., (Renewal) (Expires 8/16/83). Beer License Permit Application Class C Dave Linn Lane dba Dave's W. 4th Street Grocery, 508 W. 4th St., (Renewal) (Expires 8/6/83) Southland Corp, dba 7 -Eleven Store #18506, 2302 Falls Ave., (Renewal) (Expires 8/16/83) Beer License Permit Application -Sunday Sales Class C Dave Linn Lane dba Dave's W. 4th Street Grocery, 508 W. 4th (Renewal) (Expires 8/6/83) Southland Corp, dba 7 -Eleven Store #18506, 2302 Falls Avenue, (Renewal) (Expires 8/16/83) Motion carried. BONDS Moved by Burton, seconded by Getty 82941 - that report of City Attorney and list of bonds filed with Clerk/Auditor through August 9, 1982, be received, placed on file and report and bonds approved. Motion carried. Moved by Bowers, seconded by Wilharm 82942 - that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor