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HomeMy WebLinkAbout06/28/82N June 28, 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 Monday, June 28, 1982. Mayor Rooff in the Chair. On Roll Call: Present: Penaluna, Roehr, Wilharm, Bowers, Burton, Dowie. Absent: Getty. Invocation by Councilman Bowers. 82676 - Moved by Roehr, seconded by Wilharm that the Agenda, as proposed, for the Regular Session of June 28, 1982 at 7 P.M., be accepted and approved. Motion carried. 82677 - Moved by Bowers, seconded by Dowie that the minutes of the Regular Session held June 21, 1982 at 7 P.M. be approved. Motion carried. HEARINGS 82678 - Moved by Roehr, seconded by Burton that comments on revocation of Peddler's License of Brian C. Friedman be received and placed on file. Motion carried. Because Mr. Friedman was not yet present, the hearing was deferred until later in the meeting (See C.R. 82693 for further action). 82679 - Moved by Roehr, seconded by Dowie that proof of publication of notice of public hearing on proposed issuance of $3,475,000 of General Obligation Bonds as published in the Waterloo Courier on June 16, 1982 be received and placed on file. Motion carried. 82680 - HOLD HEARING --This being the time and place for hearing, the Mayor called for written and oral objections and there were none. Moved by Wilharm, seconded by Bowers that "Resolution instituting proceedings to take additional action for the issuance of $3,475,000 General Obligation Bonds", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 1982-269. 82681 - Moved by Dowie, seconded by Penaluna that proof of publication of notice of public hearing on proposed issuance of $120,000 General Obligation Bonds as published in the Waterloo Courier on June 16, 1982 be received and placed on file. Motion carried. June 28, 1982 Page Two HEARINGS CONTINUED: 82682 - HOLD HEARING --This being the time and place of hearing, the Mayor called for written and oral objections and there were none. Moved by Bowers, seconded by Wilharm that "Resolution instituting proceedings to take additional action for the issuance of $120,000 General Obligation Bonds", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 1982-270. 82683 - Moved by Bowers, seconded by Dowie that proof of publication of notice of public hearing on proposed issuance of $55,000 General Obligation Bonds as published in the Waterloo Courier on June 16, 1982 be received and placed on file. Motion carried. 82684 - HOLD HEARING --This being the time and place of hearing, the Mayor called for written and oral objections and there were none. Moved by Wilharm, seconded by Bowers that "Resolution instituting proceedings to take additional action for the issuance of $55,000 General Obligation Bonds", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 1982-271. ORAL PRESENTATIONS Bea Allen, 615 Cottage, asked which department could be contacted for removal of a tree in City right-of-way. She was told that the Park Department could review the situation. Ms. Allen also inquired about a burglar alarm call to the Hustler's Pool Hall, when apparently the alarm had not been activated. Police Chief Grimm stated that he would review the case and contact her. Sam Hopkins asked that the oiling job in the 600 Blcok of hope be reviewed and the situation remedied. PETITIONS FROM PUBLIC 82685 - Moved by Roehr, seconded by Dowie that communication from City Engineer transmitting requests of Gary Shippy for construction of temporary asphalt driveway at 1135 Hammond Avenue without regard to latter official grade and Waterloo Water Works for construction of a temporary asphalt driveway at 1950 LaPorte Road, without regard to latter official grade, together with recommendation of approval be received, placed on file and "Resolution authorizing construction of temporary asphalt driveways at 1135 Hammond Avenue and 1950 LaPorte Road, irrespective of latter official grade", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 1982-272 and 1982-273 respectively. June 28, 1982 Page Three PETITIONS FROM PUBLIC CONTINUED: 82686 - Moved by Penaluna, seconded by Burton that communication from Zoning Commission transmitting request of Anita Andries to rezone from "R-2" One and Two Family Residence District to "R-4" Multiple Family Residence District a parcel of property generally located at southeast corner of intersection of East Ridgeway Avenue and Ohio Street together with recommendation of denial be received, placed on file and "Resolution setting date �of hearing as July 19, 1982 at 7 P.M. at City Hall Council Chambers", be adopted and Deputy City Clerk instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 1982-274. 82687 - Moved by Bowers, seconded by Dowie that communication from Zoning Commission transmitting request of Larry Bedard to rezone from "R-2" One and Two Family Residence District to "C-2" Commercial District a parcel of property generally located at the northeast corner of Linden Avenue and Franklin Street together with recommendation of denial be received, placed on file and "Resolution setting date of hearing as July 19, 1982 at 7 P.M. at City Hall Council Chambers", be adopted and Deputy Clerk instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 1982-275. 82688 - Moved by Burton, seconded by Roehr that communication from Zoning Commission transmitting request of Robert Shaver to rezone from "R-2" One and Two Family Residence District to "C-2" Commercial District a parcel of property generally located at southeast corner of intersection of Minnesota Street and Williston Avenue together with recommendation of approval be received, placed on file and "Resolution setting date of hearing as July 19, 1982 at 7 P.M. at City Hall Council Chambers", be adopted and Deputy Clerk instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 1982-276. 82689 - Moved by Dowie, seconded by Burton that communication from Plan and Program Commission transmitting request of Payne Memorial A.M.E. Church to construct a detached garage at 1044 Mobile Street for the purposes of housing the church bus and mower together with recommendation of approval be received, placed on file and "Resolution approving site plan consisting of construction of garage for Payne Memorial A.M.E. Church located at 1044 Mobile Street", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 1982-277. 82690 - Moved by Roehr, seconded by Dowie that request of Gary A. McCormack and Jack Suiter for permission to operate a taxicab company in the City of Waterloo, together with application for Certificate of Public Convenience and Necessity, be received, placed on file and action delayed until such time as City Ordinances have been changed to reflect recent court decision relating to anti-trust. Motion carried. June 28, 1982 UNFINISHED BUSINESS Page Four 82691 - Due to lack of funds, the following project was delayed for one (1) year. Neighborhood residents have been appraised of the situation. Moved by Bowers, seconded by Dowie that communication from City Engineer transmitting Engineering Contract with Wayne Claassen Engineering and Surveying, Inc. for F.Y. 1983 Fowler Street Sanitary Sewer Improvements, Phase II, Contract No. 238, together with recommendation of approval be received, placed on file and "Resolution authorizing execution of contract with Wayne Claassen Engineering and Surveying, Inc.", be delayed for one (1) year. Motion carried. 82692 - Considerable discussion'was heard regarding the status of the inspections for Charlie Brown's (120 Sumner). The necessary permits and inspections have been made, however, the parking lot has not been hard -surfaced. Mr. Roby, owner of said premises, asked for a ninety (90) day extension on this requirement. The Plan and Program Commission Staff reported that they had reviewed the hard -surfacing requirements with Mr. Roby in detail. 82693 - Moved by Bowers, seconded by Roehr that report of Plan and Program Department on Class C Beer and Liquor License Application of Urban Enterprises dba Charlie Brown's, 120 Sumner (See C.R. 82668 of June 21, 1982) relating to City Ordinances on parking requirements and hard -surfacing of said premises, be received, placed on file and 30 -day extension for comformance to Ordinance requiring hard -surfaced parking lot be granted with said thirty (30) days to commence upon the City's receipt of Mr. Roby's Class C Beer and Liquor License from the Iowa Beer and Liquor Control Commission. Motion carried. The time is now 7:40 p.m. and Mr. Brian Friedman (See C.R. 82678) was not yet in attendance. Moved by Bowers, seconded by Wilharm that the Peddler's License No. 1570 issued to Brian C. Friedman of Southwestern Company on May 25, 1982, be revoked and notification served to said applicant. Ayes: Six. Absent: Getty. Motion carried. REPORTS 82694 - Moved by Dowie, seconded by Bowers that appeal notice of Barleycorn Lounge, 2421 Falls Avenue to the Iowa Beer and Liquor Control on suspension of Class C Beer and Liquor License Application (See C.R. 82413 of May 17, 1982) be received and placed on file, with appeal before the Iowa Beer and Liquor Control Commission to be heard on July 30, 1982. Motion carried. 4 June 28, 1982 Page Five REPORTS CONTINUED: 82695 - Discussion was heard regarding the type of resurfacing that the residents had requested. Moved by Getty, seconded by Dowie that communication from City Engineer transmitting recommendation on request of J.C. Feed Mills to resurface Mitchell and Sheffield Avenue (See C.R. 82637 of June 21, 1982) be received and placed on file. Motion carried. DOCUMENTS 82696 - Moved by Dowie, seconded by Burton that communication from Iowa Department of Transporation transmitting right-of-way documents and Quit Claim Deeds for transfer of jurisdiction for former Primary Road No. 57 to the City of Waterloo, be received, placed on file and approved. Ayes: Six. Absent: Getty. Motion carried. 82697 - Moved by Bowers, seconded by Wilharm that communication from City Engineer transmitting agreement with Iowa Department of Transportation for U.S. Highway 20 detour, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Deputy City Clerk authorized to execute same. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 1982-278. 82698 - Moved by R'oehr, seconded by Bowers that communication from City Engineer transmitting Completion Report and recommendation of acceptance for work on the F.Y. 1981 Warren Drive Storm Sewer Outlet, Contract No. 209 with Lehman Trucking and Excavating Inc., be received, placed on file and "Resolution approving Completion Report and recommendation of acceptance for F.Y. 1981 Warren Drive Storm Sewer Outlet, Contract No. 209", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 1982-279. 82699 - Moved by Wilharm, seconded by Bowers that communication from Plan and Program Director transmitting Completion Report and recommendation of acceptance for work on the renovation of the former East Side Library, be received, placed on file and "Resolution approving Completion Report and recommendation of acceptance for renovation of the former East Side Library", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 1982-280. RESOLUTIONS TO BE ADOPTED 82700 - Moved by Burton, seconded by Dowie that "Resolution by the City Council of the City of Waterloo, Iowa as the Waterloo Housing Authority, adopting Revision No. One (1) of the Fiscal Year Ending June 30, 1982 Operating Budget for Ridgeway Towers, IA -50-3", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 1982-281. June 28, 1982 Page Six RESOLUTIONS TO BE ADOPTED CONTINUED: 82701 - Moved by Dowie, seconded by Penaluna that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, approving Submission of Proposed Fiscal Year Ending June 30, 1983 Operating Budget for Ridgeway Towers, IA -50-3", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 1982-282. 82702 - Moved by Bowers, seconded by Burton that "Resolution recommending the adoption of the Metropolitan 2000 Transportation Plan", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 1982-283. 82703 - Condemnation will only be necessary if a settlement cannot be reached between the two parties. Moved by Dowie, seconded by Roehr that "Resolution authorizing the condemnation of certain parcels of property owned by Merton L. McDougall and Dorothy F. McDougall and Friedl Realty Company, Inc. for the West Side Parking Ramp Expansion", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 1982-284. ORDINANCES TO BE ADOPTED 82704 - Moved by Roehr, seconded by Burton that "an Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, be repealing Subsections 21-41 through 21-46 of Division I under Article III, Junked Vehicles, of Chapter 21, Junk and Junk Dealers", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Getty. Motion carried. 82705 - Moved by Burton, seconded by Bowers that "an Ordinance amending Ordinance No. 2644, known as the Traffic Code by adding Subsection (117a) Hartman Avenue to Section 551, Parking Prohibited at all Times on Certain Streets", be received, placed on file, passed and considered for the third time. Ayes: Six. Absent: Getty. Motion carried. 82706 - Moved by Burton, seconded by Bowers that "an Ordinance amending Ordinance No. 2644, known as the Traffic Code, by adding Subsection (117a) Hartman Avenue to Section 551, Parking Prohibited at all Times on Certain Streets", be adopted. Ayes: Six. Absent: Getty. Ordinance adopted and upon approval by Mayor, assigned No. 3227. BILLS PAYMENT 82707 - Moved by Dowie, seconded by Wilharm that "Bills, Resolution, Schedule A", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 1982-285. June 28, 1982 BILLS PAYMENT CONTINUED: 82708 - Moved by Roehr, seconded by Bowers Page Seven that "Resolution approving the following pay estimate for amount shown, together with recommendation of approval: Pay Estimate No. 1--Lincoln-Ackermant Area Storm Sewer and Sanitary Improvements, Stage III, Contract No. 227--$4,155.39", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 1982-286. 82709 - Moved by Roehr, seconded by Bowers that "Resolution approving the following statements for amount shown, together with recommendation of approval: Cedar River By -Pass Channel in Riverview Area, Brice, Petrides and Associates, Inc. --$8,225.15 East Side Library Renovation, Lincoln's Office Supply Corp. --$15,205.7011, be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 1982-287. 82710 - Moved by Wilharm, seconded by Bowers that communication from City Engineer transmitting recommendation of approval for final payment after audit to Illinois Central Gulf Railroad for signal installation at Nevada Street and Glenwood Street in the amount of $4,872.68 and $5,784.96 respectively, be received, placed on file and "Resolution authorizing payment to Illinois Central Gulf Railroad as described above", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 1982-288. 82711 - Moved by Burton, seconded by Roehr that communication from Police Chief transmitting list of officers eligible for reimbursement for cleaning of uniforms, maintaining equipment, shoe allowance and other equipment in the amount of $400 for F.Y. 1983, together with recommendation of approval be received, placed on fife, and "Resolution authorizing payment to certain officers for cleaning allowance for F.Y. 1983 in the amount of $400 per person", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 1982-289. 82712 - Moved by Roehr, seconded by Dowie that request of Zoning Commission to rezone from "U-1" Unclassified District to "R-2" One and Two Family Residence District a parcel of property generally located northeast of the Chicago, Rock Island and Pacific Railroads and south of the Cedar River along the eastern City limits together with recommendation of approval, be received, placed on file and "Resolution setting date of hearing as July 19, 1982 at 7 P.M. at City Hall Council Chambers", be adopted and Deputy City Clerk instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 1982-290. " 1*N ANN June 28, 1982 BILLS PAYMENT CONTINUED: ;'82713 - Moved by Dowie, seconded by Bowers .IN" Page Eight that the specifications, form of contract, estimate of costs, etc. for the F.Y. 1983 Conway Vicinity Parking Ramp, Contract No. 241, be received, placed on file and "Resolution preliminarily approving specifications, form of contract, estimate of costsetc. for the F.Y. 1983 Conway Vicinity Parking Ramp, Contract No. 241 and setting date of hearing as August 2, 1982 at 7 P.M. in the City Hall Council Chambers", be adopted and Deputy Clerk instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 1982-291. 82714 - Moved by Burton, seconded by Wilharm that the following requests for permission to attend functions with expenses allowed not to exceed amounts shown, be received, placed on file and approved: A.C. Jackson, Electrician Helper and Ron Campbell, Maintenance Electrician II to deliver pickup truck and Hyranger-bucket for Ziebart Inspection, Cedar Rapids, Iowa, July 2, 1982--$15 each. Police Sergeant to attend the 1982 NRA National Police Combat Pistol Shoot, Camp Dodge, Iowa, September 12-16, 1982 --with no expense to City. Ayes: Six. Absent: Getty. Motion carried. MISCELLANEOUS 82715 - 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 Permit Applications: Class C Maple Lanes, Inc. dba Maple Lanes Bowling Center, 2608 University Avenue (Renewal) (Expires July 10, 1983). Black Bull Lounge, 604 Ansborough (Renewal) (Expires July 2, 1983). Beer and Wine License Permit Application: Class C George Emanuel Nicholas dba Mama Nick's Circle Pizzeria, Inc., 1934 Washington (Renewal) (Expires July 6, 1983). Beer and Liquor License Permit Applications -Sunday Sales: Class C Maple Lanes, Inc. dba Maple Lanes Bowling Center, 2608 University Avenue (Renewal) (Expires July 10, 1983). George Emanuel Nicholas dba Mama Nick's Circle Pizzeria, Inc., 1934 Washington (Renewal) (Expires July 6, 1983). Motion carried. 82716 - It was reported that Mr. Darryl E. Speller's taxicab driver license application had been denied by the Police Department and Clerk/Auditor due to the pending charge of possession of a controlled substance with intent to deliver. The trial date has been set for August 3, 1982. June 28, 1982 Page Nine MISCELLANEOUS CONTINUED: Moved by Roehr, seconded by None that the issuance of a Taxicab Driver License Application of Darryl E. Speller be delayed until such time as the matter,is resolved through the courts. Motion died for lack of a second. Moved by Bowers, seconded by Penaluna that said taxicab license be issued for one (1) year with Council reconsideration if the court finds said applicant guilty. Ayes: Five. Nays: Roehr. Absent: Getty. Motion carried. 82717 - Moved by Roehr, seconded by Dowie that 50 New Cigarette License Permit Applications be received, placed on file and approved. Motion carried. 82718 - Moved by Bowers, seconded by Burton that the following Scavenger License Permit Application be received, placed on file and approved: Bob Nicks 601 Locust Street LaPorte City, Iowa Motion carried. 82719 - Moved by Burton, seconded by Dowie that the following Automobile Salvage License Permit Application be received, placed on file and approved: Wilber Auto Body and Sales, Inc. 2220 Easton Waterloo, Iowa Motion carried. BONDS 82720 - Moved by Bowers, seconded by Wilharm that report of City Attorney and list of bonds filed with Clerk/Auditor through June 28, 1982 be received, placed on file and report and bonds approved. Motion carried. 82721 - Moved by Roehr, seconded by Dowie that the Council adjourn. Motion carried. Michelle Temeyer Deputy City Clerk