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Home My WebLink About12/28/81December 28, 1981 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 December 28, 1981. Mayor Rooff in the Chair. On Roll Call: Present: Getty, Penaluna, Roehr, Wilharm, Bowers, Burton, Dowie. Invocation by Councilman Getty. 81663 - Moved by Dowie, seconded by Burton that the Agenda, as amended, for the Regular Session of December 28, 1981, at 7:00 P.M., be accepted and approved. Motion carried. HEARINGS & BIDS 81664 - Moved by Roehr, seconded by Dowie that proof of publication of notice of public hearing on proposal to sell and convey property generally located along E. Parker Street, east of Virden Creek as published in the Waterloo Courier on December 11, 1981, be received and placed on file. Motion carried. 81665 - Moved by Bowers, seconded by Penaluna to receive and place on file Plan and Program Commission's recommendation of approval. Motion carried. 81666 - HOLD HEARING - This being the time and place for hearing the Mayor called for written and oral objections and there were none. Moved by Dowie, seconded by Roehr to receive and place on file the bid from Katherine Cross Mosley and instruct the Deputy Clerk to open said bid, and refer to Plan and Program Department for review and recommendation: BIDDER AMT. OF BID Katherine Cross Mosley $600.00 Motion carried. HEARINGS 81667 - Moved by Roehr, seconded by Wilharm that proof of publication of notice of public hearing on sale and conveyance of parcel of property located at the northeast corner of the intersection of Wallgate and Bismark Avenues as published in the Waterloo Courier on December 18, 1981 be received and placed on file. Motion carried. 81668 - Moved by Bowers, seconded by Burton to receive and place on file Plan'and Program Commission''s recommendation of approval. Motion carried. 81669 - HOLD HEARING - This being the time and place of hearing, the Mayor called for written and oral objections and there were none. Moved by Getty, seconded by Bowers that "an ordinance vacating a portion of Bism�rk Avenue right-of-way located at the northeast corder of the intersection of Wallgate and Bismark Avenues", be received, placed on file and passed for the first time. Ayes: Seven. Motion carried. 81670 - Moved by Burton, seconded by Dowie 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. Ayes: Six. Nays: Wilharm. Motion carried. December 28, 1981 Page 2 HEARINGS - CONTINUED 81671 - Moved by Penaluna, seconded by Roehr that "an ordinance vacating a portion of Bismark Avenue right-of-way located at the northeast corner of the intersection of Wallgate and Bismark Avenues", be adopted, with the deed restriction that if the grantor (City of Waterloo) in the future required said right-of-way, the grantee shall agree to sell said right-of-way back to the City for the same price as it was purchased ($62,48). Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3183. 81672 - Moved by Burton, seconded by Getty that "Resolution authorizing sale and conveyance of a portion of Bismark Avenue to Eldon L. and Katherine L. Dykes", be adopted and City Attorney instructed to prepare deed accordingly. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 1981-64�. The Mayor called for oral presentations and there were none. PETITIONS FROM PUBLIC 81673 - Moved by Bowers, seconded by Dowie that communication from Plan and Program Director transmitting request from Katherine Cross Mosley for vacation, sale and conveyance of property generally located near John Street together with Plan and Program Commission's recommendation for approval be received, placed on file and "Resolution setting date of hearing on vacation, sale and conveyance of above described parcel as January 18, 1982 at 7:00 P.M. in the City Hall Council Chambers", be adopted and Deputy Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-64df. 81674 - Plan and Program Director Temeyer reported that the bid (received under C.R.#81666) of Katherine Cross Mosley was in order. Moved by Wilharm, seconded by Bowers that "Resolution authorizing sale and conveyance of property located along E. Parker Street, east of Virden Creek to Katherine Cross Mosley in the amount of $600.00", be adopted and City Attorney instructed to prepare deed accordingly. Ayes: Seven. LP Resolution adopted and upon approval by Mayor assigned No. 1981-64,x. 81675 - Moved by Getty, seconded by Bowers, that communication from Planning Director recommending approval of tax exemption for John Deere Tractor Works for new machinery be received, placed on file and "Resolution recommending approval of application of John Deere Tractor Works for tax exemption as permitted by the 1979 Code of Iowa, Section 427A.1, Paragraph a", be adopted and Clerk instructed to forward said application to the City Assessor for final determination of tax exemption. Ayes: Seven. 9 Resolution adopted and upon approval by Mayor assigned No. 1981-64)'- 81676 981-64): 81676 - Moved by Roehr, seconded by Burton that request of Black Hawk Development Company to rezone from "R-4" Multiple Family Residence District to "C -Z" Conditional Zoning District a parcel of land located at the intersection of Kimball Avenue and Brookeridge Drive together with Zoning Commission's recommendation of approval be received, placed on file and "Resolution setting date of hearing as January 18, 1982 at 7:00 P.M. in the City Hall Council � �1 j December 28, 1981 PETITIONS FROM PUBLIC - CONTINUED i 81676 - Continued. Page 3 Chambers", be adopted and instruct Deputy Clerk to publish notice of hearing. Ayes: Seven. // Resolution adopted and upon approval by Mayor assigned No. 1981-64f. UNFINISHED BUSINESS ,81677 - Moved by Burton, seconded by Roehr that communication from Plan and Program Director transmitting Warranty Deed and Abstract of Title of Permanent Planning, Inc. for sale of Lot 2 of Homestead Addition in conjunction with the moratorium on Homestead Addition, together with recommendation for acceptance be received, placed on file, approved and "Resolution authorizing acceptance of Warranty Deed and Abstract of Title for Lot 2, Homestead Addition (Permanent Planning, Inc.)", be adopted and Clerk instructed to record same. Ayes: Seven. Resolution adopted and upon approval by MJyor assigned No. 1981-64�. 81678 - Councilman Roehr asked that he be given more time to review the proposal. Moved by Roehr, seconded by Dowie that agreement by and between the City of Waterloo, Iowa and Investment Advisers, Inc. for Investment Management Services for the City of Waterloo be received, placed on file and action delayed one (1) week. Motion carried. REPORTS 81679 - Moved by Wilharm, seconded by Roehr that communication from City Engineer reporting on curb, gutter, and asphalt paving for Kimpston Circle referred to under C.R.#81613 of December 14, 1981 be received and placed on file. Motion carried. 81680 - Moved by Burton, seconded by Getty that communication from Assistant City Engineer transmitting request of Don Sullivan, 2533 Burton Avenue to fill ditch on public right-of-way be received, placed on file and approved. Motion carried. DOCUMENTS 81681 - Moved by Dowie, seconded by Getty that communication from City Engineer, advising improvements required as a condition precedent, to final approval of plat of the addition to be known as Audubon Park 2nd Addition have been completed in substantial conformance with construction plans, standards and requirements of his office, submitting two-year maintenance bond for street improvements and acceptance of said addition and bonds, be received, filed, approved and agcepted with effective dates of bonds being that of final Council approval. Motion carried. 81682 - Moved by Penaluna, seconded by Roehr that communication from City Engineer, advising improvements required as a condition precedent to final approval of plat of the addition to be known as Cedar Hills Addition (Charm Drive Extension) have been completed in substantial conformance with construction plans, standards and requirements of his office, submitting two-year maintenance bond for street improvements and acceptance of said addition and bonds, be received, filed, approved and accepted with effective dates of bonds being that of final Council approval. Motion carried. December 28, 1981 Page 4 DOCUMENTS - CONTINUED 81683 - Moved by Penaluna, seconded by Getty that communication from City Engineer, advising improvements required as a condition precedent to final approval of plat of the addition to be known as Southland Park Fourth Addition have been completed in substantial conformance with construction plans, standards and requirements of his office, submitting two-year maintenance bond for street improvements and acceptance of said addition and bonds, be received, filed, approved and accepted with effective dates of bonds being that of final Council approval. Motion carried. 81684 - Moved by Getty, seconded by Bowers that final plat of Bill Ramsey Replat in Soppe Addition together with Engineer's Certificate of Survey, Deed of Dedication, Report of the City Engineer and Plan and Program Commission's resolution of approval and their recommendation for Council approval be received, placed on file and "Resolution approving the final plat of Bill Ramsey Replat in Soppe Addition, Black Hawk County, Iowa", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-6W. RESOLUTION TO BE ADOPTED 81685 - Moved by Wilharm, seconded by Burton that "Resolution regarding the issuance of not to exceed $3,000,000 in aggregate principal amount of Industrial Development Revenue Bonds (Vernor D. & Donna L. Nelson) of the City of Waterloo, Iowa, directing publication of notice of intention to issue, calling a public hearing on the proposal to issue said bonds and authorizing execution of a Memorandum of Agreement setting date of hearing as January 18, 1982", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-61/T. NEW BUSINESS 81686 - Gene Bernstein, Fire Union Secretary, explained that the sick leave payment to Colin Shillinghaw was a matter of interpretations of the union contract. He supported the payment to Mr. Shillinglaw. Councilman Penaluna felt that since this matter was currently being negotiated between the City and the union, the Council should take no action until after the contract has been signed by both parties. Councilman Burton stated that upon researching the contract prior to the one now in affect, the contract did not specify a given number of years of service before payment was made. The current contract now calls for pay out after 15 years. Mayor Rooff stated his support from delaying action until after completion of negotiation. Moved by Penaluna, seconded by Burton to deny the request of Colin Shillinglaw for payment of accumulated sick leave in the amount of $6,108.48. Prior to a vote on this motion, an amendment to the original motion was made by Getty, seconded by Bowers that the sick leave payout to Colin Shillinglaw be brought back for Council approval after completion of union negotiations. A roll call vote was taken on the amendment with the following results: Ayes: Seven. Motion carried. A roll call vote was taken on the original motion with the following results: Ayes; Seven. Motion carried. -111-N ',`IN December 28, 1981 Page 5 NEW BUSINESS - CONTINUED 81687 - Moved by Roehr, seconded by Getty that communication from Mayor Leo P. Rooff recommending reappointment of the following persons to the Waterloo Commission on Human Rights with term expiration of January 1, 1985: Dr. Robert Ross Alvin Davidson Ruth Olson Jean Small and appointment of Rev. George Moore, Jr. to the Waterloo Commission on Human Rights with term expiration of January 1, 1984, be received, placed on file and approved. Motion carried. 81688 - Moved by Getty, seconded by Roehr that the following requests for permission to attend functions, with expenses allowed not to exceed amounts shown, be received, placed on file and approved: Finance Director/Treasurer to attend 76th Annual Municipal Finance Officers Association International Conference on Public Finance, New Orleans, Louisiana, May 23 - 26, 1982 -- $1,024.00 Sergeant to attend FBI Photography School, Washington, D.C., January 3 - February 22, 1982 -- no cost (salary only) Ayes: Seven. Motion carried. MISCELLANEOUS 81689 - Moved by Bowers, seconded by Penaluna that the following application for Taxicab Driver License be received, placed on file and approved: Danny Derifield, 1321 Calhoun Motion carried. 81690 - Moved by Burton, seconded by Roehr that the following application for Going Out of Business License be received, placed on file and approved: Alfred Richmond dba Richmond Jewelry, 2625 Falls Avenue 4 Motion carried. BONDS 81691 - Moved by Dowie, seconded by Bowers that report of City Attorney and list of bonds filed With Clerk through December 28, 1981, be received, placed on file and report and bonds approved. Motion carried. 81692 - Moved by Getty, seconded by Penaluna that the Council adjourn. Motion carried. Michelle Temeyer Deputy City Clerk