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Home My WebLink About01/25/82t January 25, 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 January 25, 1982. Mayor Pro Tem Roehr in the Chair. On Roll Call: Present: Getty, Penaluna, Roehr, Wilharm, Bowers, Burton, Dowie. Invocation by Councilman Wilharm. 81846 - Moved by Dowie, seconded by Burton that the Agenda, as amended, for the Regular Session of January 25, 1982, at 7:00 P.M., be accepted and approved. Motion carried. 81847 - Moved by Wilharm, seconded by Penaluna that the minutes of the Regular Session held January 18, 1982 at 7:00 P.M. be approved. Motion carried. HEARING 81848 - Moved by Bowers, seconded by Dowie that proof of publication of notice of public hearing on proposal to issue not to exceed $3,000,000 principal amount Industrial Development Revenue Bonds (Verner D. Nelson and Donna L. Nelson Project) for the purpose of financing all or a portion of the cost of acquiring land and renovating a building as published in the Waterloo Courier on December 31, 1981 be received and placed on file. Motion carried. 81849 - HOLD HEARING - This being the time and place to hold hearing the Mayor Pro Tem called for written and oral objections and there were none. Bob Braun stated that the money will be utilized for renovation of the YMCA. No bond buyers have yet been found. Moved by Penaluna, seconded by Getty that "resolution proceeding with the issuance and sale of not to exceed $3,000,000 in aggregate principal amount of Industrial Development Revenue Bonds (Verner D. Nelson and Donna L. Nelson Project) Series 1982", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1982-36. ORAL PRESENTATIONS Councilman Getty, Chairman of the Public Works Committee, asked for the media's cooperation in disseminating information to the citizens regarding snow removal. The Street Department needs the assistance of the public to clear the City's streets in the most efficient manner. 81850 - Tim Luce, Assistant City Attorney, reviewed each case involving the demolition of dangerous buildings filed with the City Attorney's Office since 1978. General discussion evolved how the City could address the dilapidated building situation, i.e., demolition, condemnation, rehabilitation. The City Clerk was instructed to inform Norman Seeman, owner of property near the Lafayette address, that a case was filed in District Court on January 22, 1982 in regard to 901-909 Lafayette Street. Moved by Bowers, seconded by Wilharm to serve John and Janice Rice, owners of 901-909 Lafayette Street, with a citation for each day said building remains in non-conformance with the City's housing ordinance. Ayes: Six. Nays: Roehr. Motion carried. PETITIONS FROM PUBLIC 81851 - Moved by Wilharm, seconded by Bowers that request from Payne Memorial A.M.E. Church to rezone from "R-3" Multiple Residence District to "R-2" One and Two Family Residence District a parcel of land located between Mobile and Ash Streets and Oneida and Willow Streets together with Zoning Commission's recommendation of approval be received, placed on file and "Resolution setting date of hearing as February 15, 1982 at 7:00 P.M. in City Hall Council Chambers", be adopted and instruct Clerk to publish notice of hearing. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1982-37. January 25, 1982 Page 2 PETITIONS FROM PUBLIC - CONTINUED 81852 - Moved by Burton, seconded by Bowers that communication from Planning Director recommending approval of tax exemption for 90 Sycamore and 105 E. 10th Streets for Crystal Ice and Cold Storage for new machinery be received, placed on file and "Resolution recommending approval of application of Crystal Ice and Cold Storage for tax exemption as permitted by the 1979 Code of Iowa, Section 427A.1, Paragraph a", be adopted and Clerk instructed to forward said applications to the City Assessor for final determination of tax exemption. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1982-38. 81853 - Police Chief Grimm gave a summary of past experience with B & R Roofing, and recommended that they be denied a variance to the Noise Ordinance. Moved by Burton, seconded by Getty that request of B & R Roofing, Inc. for variance to Noise Ordinance, Ordinance No. 3094, be received, placed on file and "resolution.authorizing variance to Noise Ordinance No. 3094 to B & R Roofing, Inc. for dates from January 26, 1982 until completion", be denied. Ayes: Seven. Motion carried. 81854 - Moved by Wilharm, seconded by Bowers that the Police Department closely monitor the work of B & R Roofing, Inc. in relation to conformance to the Noise Ordinance. Motion carried. UNFINISHED BUSINESS 81855 - Councilman Bowers, Chairman of Buildings & Grounds Committee, reported that the lease agreement had been reviewed by his Committee. Moved by Bowers, seconded by Getty that communication from Plan and Program Director transmitting proposed lease agreement with Hawkeye Valley Area Agency on Aging for occupancy of the East Side Library be received, placed on file and "resolution authorizing execution of lease agreement with Hawkeye Valley Area Agency on Aging for occupancy of the East Side Library", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1982-39. 81856 - Moved by Bowers, seconded by Wilharm that "resolution awarding renovation contract to General Contractor - Jens Oleson & Sons ($28,407); Mechanical Contractor - Meyer's Sheet Metal ($9.477); Electrical Contractor - Ideal Electric ($4,998); Moveable Partitions - Lincoln's ($17,206) for the East Side Library", be adopted, subject to approval of lease agreement (see C.R.#81855) by Hawkeye Valley Area Agency on Aging. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1982-40. REPORTS 81857 - Moved by Getty, seconded by Burton that communication from City Engineer transmitting weight limit posting recommendation for City of Waterloo Bridges be received, placed on file, approved and instruct Sign & Traffic and Street Departments to post said bridges. Motion carried. DOCUMENTS 81858 - Moved by Wilharm, seconded by Dowie that communication from City Engineering transmitting Iowa Department of Transportation Agreement No. 81-3-163 Construction Agreement for Freeway 520, together with recommendation of approval, be received, placed on file and "resolution authorizing execution of Construction Agreement by and between the City of Waterloo and Iowa Department of Transportation", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1982-41. -'"\ January 25, 1982 Page 3 DOCUMENTS - CONTINUED 81859 - Moved by Burton, seconded by Wilharm that communication from City Engineer transmitting Iowa Department of Transportation agreement for purchase of two (2) parcels of right-of-way for proposed Hackett Road Bypass Project be received, placed on file and resolution authorizing execution of right-of-way purchase agreement by and between the City of Waterloo and Iowa Department of Transportation", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1982-42. 81860 - Moved by Bowers, seconded by Dowie that communication from City Attorney transmitting proposed parking lot lease and rental payment with Northwestern Bell together with recommendation of approval, be received, placed on file, and "resolution authorizing execution of parking lot lease by and between the City of Waterloo and Northwestern Bell and payment of $6,000", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1982-43. ORDINANCE TO BE ADOPTED 81861 - Moved by Getty, 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, and now placed on its final adoption (see C.R.#81862). Ayes: Seven. Motion carried. 81862 - Moved by Wilharm, seconded by Dowie that an ordinance amending Ordinance No. 2479, as amended, by adding Subsection No. 1, Conditional Zoning to Section 2A -7-M", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3191. BILLS - PAYMENT 81863 - Moved by Dowie, seconded by Bowers that "Bills, Resolution, Schedules 'A'", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1982-44. 81864 - Moved by Penaluna, seconded by Dowie that "Resolution authorizing the payment of the following pay estimate for work completed by contractors and amounts indicated together with recommendation for approval: Pay Estimate No. 9 - Shaulis Road Grading and Paving, Federal Project No. M-6470(2)--81--07, Contract No. 201, Fred W. Carlson Company, Inc. -- $51,803.77", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1982-45. 81865 - Moved by Burton, seconded by Bowers that "Resolution authorizing the payment of the following statements for work completed by contractors and amounts indicated together with recommendation for approval: Railroad Grade Crossing Repair at Fletcher Avenue, FRA # 200-799-W, Progressive Bill No. 1, Chicago & North Western Transportation Company -- $4,402.79 January 25, 1982 Page 4 BILLS - PAYMENTS - CONTINUED 81865 - Continued. Signal Installation at Glenwood and Nevada Streets, Progressive Bill No. 2 (Final), Project No. RRO-000S(1)- 71-07 and Project No. RRP-66754(1)-48-07, Illinois Central Gulf Railroad -- $46,691.67", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1982-46. NEW BUSINESS 81866 - Moved by Getty, seconded by Wilharm that communication from Waterloo Water Works Board transmitting their resolution adopted January 13, 1982, re stop flow of water and prevent further damage at 231 Hanna Boulevard, together with statement of cost in the amount of $635.00 and waiver from Ralph K. Baracz and Diana S. Baracz, owners, in compliance with City Ordinance No. 1118, be received, placed on file and "resolution making assessment for stoppage of flow of water and prevention of further damage at 231 Hanna Boulevard", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1982-47. 81867 - Moved by Dowie, seconded by Burton that communication from Plan and Program Director transmitting proposed ordinance change of creating a "purpose" section to Part I of City Zoning Ordinance No. 2479, as amended, together with Zoning Commission's recommendation of approval, be received, placed on file and "resolution setting date of hearing on proposed ordinance change of creating a "purpose" section to Part I of City Zoning Ordinance No 2479, as amended, as February 15, 1982 at 7:00 P.M. in City Hall Council Chambers", be adopted and Clerk instructed to publish notice of hearing. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1982-48. 81868 - Moved by Burton, seconded by Dowie that communication from Plan and Program Director transmitting proposed ordinance change to the commercial sections of Zoning Ordinance No. 2479, as amended, together with Zoning Commission's recommendation of approval, be received, placed on file and "resolution setting date of hearing on proposed ordinance change to the commercial sections of Zoning Ordinance No. 2479, as amended, as February 15, 1982 at 7:00 P.M. in City Hall Council Chambers", be adopted and Clerk instructed to publish notice of hearing. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1982-49. Attend Functions: 81869 - Moved by Wilharm, seconded by Getty that the following requests for permission to attend functions, with expenses allowed not to exceed amounts shown, be received, placed on file and approved: Assistant Police Chief to attend Allocation and Distribution of Police Manpower School, New Orleans, Louisiana, March 15 - 19, 1982 -- $137.50 -- remainder reimbursed by Northeast Iowa Criminal Justice Council. Police Captain and Sergeant to attend Iowa Criminal Justice System Training, Des Moines, Iowa, February 11 - 12, 1982 -- $10.00 -- remainder reimbursed by Northeast Iowa Criminal Justice Council. Police Captain to attend Crime Analysis School, Nashville, Tennessee, March 7 - 13, 1982 -- $189.50 -- remainder reimbursed by Northeast Iowa Criminal Justice Council. January 25, 1982 Attend Functions: (Continued) 81869 - Continued. Page 5 Police Sergeant to attend Simcon User's Group Conference, Arlington, Texas, February 16 - 20, 1982 -- $60.50 -- remainder reimbursed by Northeast Iowa Criminal Justice Council. Ayes: Seven. Motion carried. MISCELLANEOUS 81870 - 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 & Liquor License Permit Application Class C Brinkley's Landing Ltd. dba Brinkley's Landing, 722 Water St. (Renewal)(2/8/83) Sunday Sales - Beer & Liquor License Permit Application Class C Brinkley's Landing Ltd. dba Brinkley's Landing, 722 Water St. (Renewal)(2/8/83) Motion carried. 81871 - Moved by Getty, seconded by Bowers One (1) new Cigarette License Permit, be received, placed on file, and granted. Motion carried. 81872 - Moved by Bowers, seconded by Dowie that report of City Attorney and list of bonds filed with Clerk through January 25, 1982, be received, placed on file and report and bonds approved. Motion carried. 81873 - Moved by Dowie, seconded by Penaluna that the council adjourn. Motion carried. Larry P. Burger City Clerk