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Home My WebLink About07/12/82July 12, 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 July 12, 1982. Mayor Rooff in the Chair. On Roll Call: Present: Getty, Penaluna, Roehr, Wilharm, Bowers, Burton, Dowie. Invocation by Councilman Wilharm 82753 - Moved by Roehr, seconded by Penaluna the Agenda, as proposed, for the Regular Session of July 12, 1982, at 7:00 p.m., be accepted and approved. Motion carried. 82754 - Moved by Burton, seconded by Bowers that the minutes of the Regular Session held July 6, 1982 at 7:00 p.m. be approved. Motion carried. PUBLIC HEARINGS 82755 - Moved by Wilharm, seconded by Burton that proof of publication of notice of public hearing of issuance of not to exceed $200,000 Qualified Urban Renewal Area Revenue Bonds for Hershberger Development as published in the Waterloo Courier on June 25, 1982, be received and placed on file. Motion carried 82756 - HOLD HEARING --This being the time and place of said hearing, the Mayor called for written and oral objections and there were none. Moved by Roehr, seconded by Bowers that "Resolution determining to proceed with the issuance of not to exceed $200,000 Qualified Urban Renewal Area Revenue Bonds, Series 1982 (Hershberger Development Project) of the City of Waterloo, Iowa.", ber`adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1982-304 82757 - Moved by Bowers, seconded by Burton that proof of publication of notice of public hearing on the F.Y. 1983 Oiling Program No. 2, Contract No. 243 as published in the Waterloo Courier, on June 24, 1982, be received and placed on file. Motion carried. 82758 - HOLD HEARING --This being the time and place of hearing, the Mayor called for written and oral objections. The following written objections were presented: 1) Rosemary Jensen, 517 Bayard 2) Vinton Jones, Administrator for Bessie Jones, 516 Vermont 3) Karen Kafer, 1520 W. 5th Street Moved by Penaluna, seconded by Dowie to refer the above letters of objections to the City Engineer for review. (see CR 82780 for further action). Motion carried. July 12, 1982 ORAL PRESENTATION Page Two 82759 - Dennis Damon, President of the Waterloo Police Protective Association, read a prepared statement requesting that the City of Waterloo dedicate a memorial site in memory of slain Police Officers Michael Hoing and Wayne Rice. Mayor Rooff responded that several possibilities are being investigated. Moved by Wilharm, seconded by Roehr to receive and place on file. Motion carried. PETITIONS FROM PUBLIC 82760 - Chuck Adams requested that the Council join in opposing InterNorth Corporation's request for a natural gas rate increase. The company supplies natural gas to Iowa Public Service. Based on profit statements, the company has realized $243,000,000 in profits. Mayor Rooff suggested opposition to an increase from the standpoint that it is the only company supplying natural gas to IPS. Moved by Bowers, seconded by Burton that above remarks be received, placed on file, and "Resolution opposing rate increase proposed by InterNorth Corporation," be adopted. Ayes: Five. Nays: Wilharm and Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 1982-305. 82761 - Moved by Burton, seconded by Dowie that communication from City Engineer transmitting request of Delbert C. Ford for construction of temporary asphalt driveway at 1439 Rainbow Drive, irrespective of latter official grade together with recommendation of approval and $3.00 for recording of waiver be received, placed on file and "Resolution authorizing the construction of a temporary asphalt driveway at 1439 Rainbow Drive for Delbet C. Ford", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1982-306. UNFINISHED BUSINESS Mike Falk, attorney for Barley Corn Lounge, stated that his interpretation of the Beer & Liquor laws did not allow for revocation of a license due to non-compliance with city ordinances. His client is in the process of obtaining a loan from the Small Business Administration for improvements, including asphalting of the parking lot. Curt Parsons, Building Official, explained the incidents prior to his recommendation, including the Board of Adjustment action relating to the extention of time on making parking lot improvements. ` - \1 ---- -- AR r� July 12, 1982 UNFINISHED BUSINESS Moved by Dowie, seconded by Roehr Page Three that a hearing on the revocation of the Class C Beer & Liquor License Permit Application for Barley Corn Lounge, 2421 Falls Avenue be set for August 2, 1982 at 7:00 p.m. in the City Hall Council Chambers & Deputy Clerk instructed to publish notice of hearing accordingly. Motion carried. REPORT 82763 - Moved by Roehr, seconded by Bowers that City Auditors Statement for June, 1982, be received and placed on file. Motion carried. DOCUMENTS 82764 - Moved by Burton, seconded by Getty 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 the agreement with the Iowa Department of Transportation for repair and maintenance of Municipal Extension of Primary Roads", be adopted and Mayor authorized to execute same. Ayes: Seven Resolution adopted and upon approval by Mayor, assigned No.1982 - 307 RESOLUTIONS TO BE ADOPTED 82765 - Scott Hoyt, bond counsel for American Buildings Company Project, requested the City's authorization to refund $1,000,000 Industrial Development Revenue Bonds for the purposes of loans the proceeds of said sale to American Buildings Company. This is necessary due to the questionable tax exemption status of these bonds. Moved by Getty, seconded by Bowers that "Resolution authorizing the issuance of $1,000,000 principal amount of City of Waterloo, Iowa, Industrial Development Revenue Refunding Bonds (American Building Company Project), Series 1982 for the purpose of refunding $1,000,000 principal amount of the City's Industrial Development Revenue Bonds", be adopted. Ayes: Penaluna, Getty, Bowers. Nayes: Wilharm, Roehr, Burton, Dowie. Resolution not adopted. 82766 - Moved by Roehr, seconded by Wilharm that the City Attorney's Office be instructed to review the above matter and defer action for (1) one week. Motion carried. July 12, 1982 Page Four ORDINANCES TO BE ADOPTED 82767 - Moved by Roehr, seconded by Wilharm that the rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended, the above ordinance recorded as having been considered and passed for the second and third times, now be placed on its final adoption. Ayes: Seven (see CR 82768 below). Motion carried. 82768 - Moved by Bowers, seconded by Wilharm that "An Ordinance amending Chapter 36, Vehicles for Hire, of the Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsections 36-1 through 36-10, 36-25 through 36-29; and enacting in lieu thereof new Subsections 36-1 through 36-10 and 36-29", be adopted. Ayes: Seven. Ordinance adopted and upon approval by the Mayor, assigned No. 3229. 82769 - Moved by Wilharm, seconded by Roehr that the rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended, the above ordinance recorded as having been considered and passed for the second and third times, now be placed on its final adoption. Ayes: Seven. (see CR 82770 below). Motion carried. 82770 - Moved by Penaluna, seconded by Burton that "An Ordinance vacating a portion of Lowell Avenue between Mitchell Avenue and Easton Avenue", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 3230. 82771 - Moved by Roehr, seconded by Wilharm that "Resolution authorizing the sale and conveyance of Lowell Avenue between Mitchell Avenue and Easton Avenue to Gary W. and Caroline C. Wendell ", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1982-308 BILLS -PAYMENTS 82772 - 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. 1982-309. a July 12, 1982 Page Five BILLS -PAYMENTS CONTINUED: 82773 - Moved by Wilharm, seconded by Roehr that "Resolution approving the following pay estimates for amounts shown together with recommendation of approval: F.Y.1983 David Street Sanitary Sewer Program, Contract No. 236 Pay stimate o. 1 - Lehman Irucking and Excavating -- .53. F.Y. 1982 Paving Program, Contract No. 223 Pay Estimate o. 3 - cedar valley—Corporation - $156,808.64 Lincoln-Ackermant Area Storm Sewer & Sanitary Sewer Improvements, Stage II, Contract No. 214 Pay Estimate No. 6 - Hurst Excavating Inc., $25,943.36," be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1982-310. 82774 - Moved by Roehr, seconded by Getty that "Resolution approving the following statements for amounts shown together with recommendation of approval: Castle Hill Drainage Improvements -Helen Road Culvert Replacement and Railroad Cut, Contract No. 222. Statement from Brice, Petrides & Associates, Inc., Engineering Services --$12,898.08. Sewer System Evaluation Survey tatement from Brice, etre es & Associates, Inc., Engineering Services --$54,531.37. Signal Installation at River Road Payment to the Illinois Central Gulf Railroad --$4,124.08. be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1982-311. NEW BUSINESS 82775 - Moved by Wilharm, seconded by Dowie that communication from Civil Service Commission transmitting list of persons eligible for appointment to the position of Chief of Police be received and placed on file. Motion carried. 82776 -Moved by Bowers, seconded by Penaluna that communication from City Engineer transmitting plans, specifications, etc., for the F. Y. 1982 East San Marnan at Sears Street and Penneys Street Improvements, Contract No. 230, be received, placed on file and "Resolution setting date of hearing on the F.Y. 1982 East San Marnan at Sears Street and Penneys Street Improvements, Contract No. 230 as August 2, 1982, at 7:00 p.m. in the City Hall Council Chambers, be adopted and Deputy Clerk be instructed to publish notice of hearing according. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1982-312. July 12, 1982 Page Six MISCELLANEOUS 82777 - Moved by Getty, 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: Beer and Liquor License Permit Applications: Class nA cFo—r Lounge, 324 W. 4th (Renewal) (Expires 7/14/83) If and When Inc., dba The Rail's End, 110 Ida (Renewal) (Expires 7/23/83) Zodiac, 319 Jefferson, (Renewal) (Expires 7/18/83) Buzz's, 856 Rainbow Drive (Renewal) (Expires 7/27/83) Beer License Permit Applications Class B Flaarl"Torporation dba Long John Silvers, 2775 Crossroads Blvd. (Renewal) (Expires 8/9/83) Daniel Arthur Smith dba Happy Joe's Pizza & Ice Cream Parlor, 3362 University Avenue (Renewal) (Expires 8/1/83) Class C TFompson's Used Cars, Inc., 2230 Independence Avenue (Renewal) (Expires 7/24/83) R & G Company Inc., dba R & G Service, 1625 W. 4th (Renewal) (Expires 8/11/83) Kevin D. O'Connor dba Corner Market, 1055 Longfellow, (New Owner -old location)(Expires 7/12/83) Beer and Liquor License Permit A lications-Sunda Sales Class TT an_FWhen dba the Rail's End, 110 Ida (Renewal) (Expires 7/23/83) Wanda A. Abbe dba The Colony Club, 612 Maynard, (New) (Expires 3/31/83) Beer License Permit Applications -Sunday Sales Class Madri Corporation dba Long John Silvers, 2775 Crossroads Blvd. (Renewal) (Expires 8/9/83) Class C Kevin D. O'Connor dba Corner Market 1055 Longfellow (New Owner -Old location) (Expires 7/12/82) R. & G. Oil Company, Inc., dba R & G Service, 1625 W. 4th (Renewal) (Expires 8/11/83) Daniel Arthur Smith dba Happy Joes Pizza & Ice Cream Parlor 3362 University, (Renewal) (Expires 8/1/83) 82778 - Moved by Getty, seconded by Roehr that 6 New Application for Cigarette License be received, placed on file and approved. Motion carried. r July 12, 1982 Page Seven 82779 - Moved by Bowers, seconded by Wilharm that report of City Attorney and list of bonds filed with Clerk/Auditor through July 12, 1982 be received, placed on file and report and bonds approved. Motion carried. 82780 - Eric Thorson, Assistant City Engineer reported that the petitions received in opposition to the F.Y. 1983 Oiling Program No. 2, Contract No. 243 represented 50% of the frontage on the alley. (see CR 82758 above) Moved by Burton, seconded by Bowers that the alley between Bayard and Vermont from 5th Street Northwest 212' be included in the F.Y. 1983 Oiling Program No. 2, Contract No. 243. Ayes: Five. Nayes: Wilharm & Roehr. Motion carried. 82781 - Moved by Getty, seconded by Wilharm that "Resolution of Necessity for the F.Y. 1983 Oiling Program No. 2, Contract No. 243", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-3134 82782 - Moved by Getty, seconded by Wilharm that "Resolution ordering the work on the F.Y. 1983 Oiling Program, No. 2 Contract No. 243", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1982-314. 82783 - Moved by Bowers, seconded by Getty that the Council adjourn. Motion carried. Michelle Temeyer Deputy City Clerk