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HomeMy WebLinkAbout11/23/81November 23, 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 November 23, 1981. Mayor Rooff in the Chair. Roll Call: Present: Getty, Penaluna, Wilharm, Bowers, Burton, Dowie. Absent: Roehr. Invocation by Councilman Getty. 81456 Moved by Bowers, seconded by Burton that the Agenda, as proposed, for the Regular Session of November 23, 1981, at 7:00 P.M., be accepted and approved. Motion carried. 181457 - Moved by Burton, seconded by Bowers that the minutes of the Regular Session held November 16, 1981 at 7:00 P.M. be approved. Motion carried. Mayor Rooff welcomed Troop 117 from Denver and thanked them for their attendance. ADJOURNED HEARINGS 81458 Mayor Rooff announced that the hearing on issuance of Industrial Development Revenue Bonds for the Keiper-Ilten Partnership had been adjourned until this time and place. Moved by Wilharm, seconded by Bowers that "Resolution determining to proceed with the issuance and sale of not to exceed $1,500,000 Industrial Development Revenue Bonds, Series 1981 for the Keiper-Ilten Partnership Project", be adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor assigned No. 1981-578. HEARINGS 81459 Moved by Bowers, seconded by Burton that proof of publication of notice of public hearing on proposal to amend Ordinance No. 2479, as amended, Zoning Ordinance, relating to definitional changes under Part III as published in the Waterloo Courier on November 6, 1981 be received and placed on file. Motion carried. 81460 Moved by Penaluna, seconded by Wilharm to receive and place on file Zoning Commission's recommendation of approval. Motion carried. 81461 - HOLD HEARING - This being the time and place to hold hearing the Mayor called for written and oral objections. Don Temeyer, Plan and Program Director, explained that new definitions are being added to the ordinance that had been left mainly to interpretation in the past. Moved by Bowers, seconded by Wilha•rm that "an ordinance amending Ordinance No. 2479, as amended, Zoning Ordinance, by repealing Subsection 2A-3, Definitions, under Part III, in its entirety; and enacting in lieu thereof new Subsection 2A-3, Definitions", be received, placed on file and passed for the first time. Ayes: Six. Absent: Roehr. Motion carried. 81462 Moved by Burton, seconded by Getty that proof of publication of notice of public hearing on proposed amendments to Ordinance No. 2479, as amended, Zoning Ordinance, relating to Part V General Regulations 2A-7 General Regulations as published in the Waterloo Courier on November 6, 1981, be received and placed on file. Motion carried. 81463 Moved by Burton, seconded by Bowers to receive and place on file Zoning Commission's recommendation of approval. Motion carried. November 23, 1981 Page 2 HEARINGS - CONTINUED 81464 - HOLD HEARING - This being the time and place to hold hearing the Mayor called for written and oral objections. Moved by Bowers, seconded by Dowie that "an ordinance amending Ordinance No. 2479, as amended, Zoning Ordinance, by repealing Subsection 2A-7, General Regulations, under Part V, General Regulations, and enacting in lieu thereof a new Subsection 2A-7, General Regulations", be received, placed on file and passed for the first time. Ayes: Six. Absent: Roehr. Motion carried. ORAL PRESENTATIONS 81465 - Richard Harris, President of the Bow Hunters Club of Black Hawk County, again, asked about his members using public lands on which to hunt. He explained that this request was not to include City parks, but rather unused City property in Riverview. Chief Grimm reported that City ordinance does not allow the use of missiles which bows and arrows are considered to be. After discussion on the club's purpose and dangers of allowing the use of bows and arrows, it was moved by Wilharm, seconded by Bowers to deny the request of the Bow Hunter's Club of Black Hawk County to use City property for hunting. Motion carried. PETITIONS FROM PUBLIC 81466 - Moved by Wilharm, seconded by Dowie that request of Harold V. Rooff to rezone from "M-1" Light Industrial District to "C-2" Commercial District a parcel of land of approximately 1.4 acres generally located east of La Porte Road and between Locke Avenue and Howard Avenue together with Zoning Commission's recommendation of approval be received, placed on file and "Resolution setting date of hearing as December 14, 1981 at 7:00 P.M. in the City Hall Council Chambers", be adopted and instruct City Clerk to publish notice of hearing. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor assigned No. 1981-579. 81467 - Moved by Burton, seconded by Wilharm that request of Larry Oltrogge to rezone from "A-1" Agricultural District to "R-4" Multiple Family District a parcel of land known as the Midwest Garden of Memories Cemetery generally located west of U.S. Highway 63 and north of U.S. Highway 57 together with Zoning Commission's recommendation of approval be received, placed on file and "Resolution setting date of hearing as December 14, 1981 at 7:00 P.M. in the City Hall Council Chambers", be adopted and instruct City Clerk to publish notice of hearing. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor assigned No. 1981-580. 81468 - Moved by Burton, seconded by Wilharm that communication from Plan and Program Director transmitting request from Chase Auto Parts for sale and conveyance of property generally located along Lowell Avenue and south of Mitchell Avenue be received and placed on file and "Resolution setting date of hearing and receipt of bids as December 14, 1981 at 7:00 P.M. in the City Hall Council Chambers on proposal to sell and convey property located along Lowell Avenue and south of Mitchell Avenue", be adopted, Clerk instructed to publish notice of same, and minimum bid established at $1,500.00. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor assigned No. 1981-581. 81469 - Moved by Wilharm, seconded by Bowers that communication from Waterloo Cablevision, Inc. transmitting a recommendation -for subscriber rate increase as authorized in its franchise agreement with the City of Waterloo and recommending rate increase to $9.00 for a basic monthly service and $2.00 for additional outlets be received, placed on file and "Resolution setting date of hearing at City Hall Council Chambers at 7:00 P.M. on December 14, 1981", be adopted and instruct Clerk to publish notice of same. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor assigned No. 1981-582. November 23, 1981 Page 3 UNFINISHED BUSINESS 81470 - Each of the developers presented various aspects of their proposal relating to the square footage of leaseable space, proposed rent charges, total project costs, etc. Both indicated a willingness to work with tenants in relocating them to the site, if they so desired. Mayor Rooff promised that the City would work with the three (3) tenants throughout the construction phase. Dr. Cheng spoke on behalf of the Yen -Ching Restaurant and asked the City's consideration of the tenants throughout the process. He supported the redevelopment of the downtown. Moved by Burton, seconded by Wilharm to defer award of contract for the West Side Parking Ramp Expansion Project for two (2) weeks. Ayes: Wilharm, Burton, Dowie. Nays: Getty, Penaluna, Bowers. Absent: Roehr. Motion NOT carried. 81471 - Moved by Burton, seconded by Bowers that "Resolution awarding development proposal to Conway Plaza Development Co. for the West Side Parking Ramp Expansion", be adopted. Ayes: Penaluna, Wilharm, Bowers, Burton, Dowie. Nays: Getty. Absent: Roehr. Resolution adopted and upon approval by Mayor assigned No. 1981-583. 81472 - Moved by Wilharm, seconded by Dowie that communication from City Engineer recommending that the bid of Bremco Construction Co. of Waverly, Iowa in the amount of $15,951.12 for the F.Y. 1982 Pinehurst Drainage Improvements, Schedule I, Contract No. 228 be received, placed on file, and "Resolution awarding contract to Bremco Construction Co. of Waverly, Iowa in the amount of $15,951.12 for F.Y. 1982 Pinehurst Drainage Improvements, Schedule I, Contract No. 228", be adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor assigned No. 1981-584. REPORTS 81473 - Moved by Getty, seconded by Dowie that communication from Community Development Board on the Iowa R-2 Logan Avenue Urban renewal land referred to under C.R.#81432 of 11/16/81 be received and placed on file with Community Development Board to act on Administrator's recommendation. Motion carried. 81474 - Roosevelt Roby, owner of the property described in C.R.#81473, stated that he is and will be completing the car wash and mini -mall that is now partially constructed. He has financial commitments that indicate that the project will be completed. He stated that he and other residents of the• community are committed to improving the East side neighborhood. These efforts will require the willingness of local financial institutions to back their projects. Moved by Wilharm, seconded by Burton to receive and place on file the above comments. Motion carried. 81475 - Moved by Dowie, seconded by Penaluna that communication from Building Official transmitting recommendation on structure located at 614 Washington Street with contract buyer of said building being Wendell McHenry and requesting the declaration of said building to be a public nuisance and to instruct the City Attorney to take appropriate legal action be received and placed on file and "Resolution authorizing the declaration of 614 Washington Street with contract buyer being Wendell McHenry as a public nusiance and instruct the City Attorney to take appropriate legal action", be adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor assigned No. 1981-585. November 23, 1981 Page 4 REPORTS - CONTINUED 81476 - Moved by Burton, seconded by Dowie that report from Sign & Traffic Superintendent on parking on Howard Avenue, Columbus Drive and Shaulis Road be received, placed on file, approved and referred to the City Attorney for submission in ordinance form. Motion carried. 81477 - Moved by Burton, seconded by Getty that communication from City Engineer transmitting the Five -Year Street Construction Program to be submitted to the Iowa Department of Transportation (R.U.T. Funds) together with recommendation of approval be received, placed on file and "Resolution authorizing the Mayor and City Clerk to execute the Five -Year Street Construction Program for the City of Waterloo (R.U.T. Funds) for the period of July, 1981 to June, 1986 to the Iowa Department of Transportation", be adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor assigned No. 1981-586. 81478 - Moved by Bowers, seconded by Burton that F.Y. 1981 Building Department's Annual Report be received and placed on file. Motion carried. 81479 - Moved by Dowie, seconded by Burton that Abstract of Election Report of Official Count by Black Hawk County Board of Supervisors as Board of Canvassers of ballots cast at Regular Municipal Election held on November 3, 1981, and declaration of whom canvassers determine to be elected, as submitted by Black Hawk County Commissioner of Elections, be received and placed on file. Motion carried. DOCUMENTS 81480 - Moved by Dowie, seconded by Wilharm 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 "Resolution authorizing and approving the execution of an agreement by and between the City of Waterloo, Iowa and Investment Advisers, Inc. for investment management services for the City of Waterloo", be delayed until December 7, 1981. Motion carried. RESOLUTION TO BE ADOPTED 81481 - Jon Fister reported that a site on Burton Avenue, between Donald and Airline Highway had been procured by the Advance Heat Treat Corporation. Moved by Burton, seconded by Bowers that "Resolution authorizing the issuance and sale of $374,000 Industrial Revenue Bonds, Series 1981 (Advanced Heat Treat Corp. Project)", be adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor assigned No. 1981-587. ORDINANCES TO BE ADOPTED 81482 - Moved by Wilharm, seconded by Bowers that "an Ordinance amending the Traffic Ordinance by adding Section 309, Prohibited Parking During Snow Emergency", be received, placed on file and passed for the first time. Ayes: Six. Absent: Roehr. Motion carried. 81483 - Moved by Wilharm, seconded by Getty 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. Absent: Roehr. Motion carried. November 23, 1981 Page 5 ORDINANCES TO BE ADOPTED - CONTINUED 81484 Moved by Penaluna, seconded by Wilharm that "an Ordinance amending the Traffic Ordinance by adding Section 309, Prohibited Parking During Snow Emergency", be adopted. Ayes: Six. Absent: Roehr. Ordinance adopted and upon approval by Mayor assigned No. 3171. 81485 - Moved by Wilharm, seconded by Getty that "an ordinance vacating a portion of a greenway easement located along the east side of Carriage Hill Apartment Complex", be received, placed on file, and passed for the second time. Ayes: Six. Absent: Roehr. Motion carried. 81486 - Moved by Dowie, seconded by Penaluna 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 third time, and now placed on its final adoption. Ayes: Six. Absent: Roehr. Motion carried. 81487 - Moved by Dowie, seconded by Burton that "an ordinance vacating a portion of a greenway easement located along the east side of Carriage Hill Apartment Complex", be adopted. Ayes: Six. Absent: Roehr. Ordinance adopted and upon approval by Mayor assigned No. 3172. 81488 - Moved by Bowers, seconded by Burton that "an ordinance establishing and designating the boundaries of an Urban Revitalization Area in the City of Waterloo", be received, placed on file and passed for the third time. (Delay adopting Ordinance until December 14, 1981) Ayes: Six. Absent: Roehr. Motion carried. BILLS - PAYMENT 81489 - Moved by Dowie, seconded by Bowers that "Bills, Resolution, Schedule 'A'", be adopted. Resolution adopted and upon approval by Mayor assigned No. 1981-588. 81490 - Moved by Dowie, seconded by Wilharm that "Resolution authorizing the payment of the following statements for work completed by contractors and amounts indicated together with recommendation for approval: IDOT, West Ridgeway Avenue Bridge over Black Hawk Creek, FAUS Project No. M-6500(504)--81-07, Contract No. 12 -- $3,793.93 Schenk Engineering Company, F.Y. 1982 Cedar Terrace Area Paving Program, Contract No. 226 -- $17,968.00", be adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor assigned No. 1981-589. NEW BUSINESS 81491 - Moved by Bowers, seconded by Wilharm that communication from Director of Parks reporting notice has been served on Paul G. Verbraken for the removal of a diseased Dutch Elm tree for the property at 1714 Locke legally described as Lot 162, Pleasant View Addition and requesting that Council set a date of hearing and publish notice for the owner to show cause why the City of Waterloo should not remove the diseased Dutch Elm tree and assess the costs thereof November 23, 1981 NEW BUSINESS - CONTINUED 81491 - Continued. Page 6 against the real estate, be received, placed on file and "Resolution fixing the time and place of hearing on the proposal to remove the diseased Dutch Elm tree and levy assessments therefor, instructing the Clerk to publish the necessary notice", be adopted and date of hearing set as December 7, 1981. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor assigned No. 1981-590. 81492 - Moved by Bowers, seconded by Wilharm that communication from Mayor Leo P. Rooff recommending appointment of the following named persons to the newly formed Cablevision Commission be received, placed on file and approved: Dr. Richard Long Jeannie Siems Caroline Boyd Fred J. Stewart Jim E. Burton Roger D. Butz Carl R. Rogers Robert J. Brown Robert D. Garrison Calvin Hall Motion carried. Term expiration: 12/1/82 Term expiration: 12/1/83 Term expiration: 12/1/84 81493 - Melvina Scott asked what criteria was used in selecting the Commission members. Mayor Rooff stated that a cross-section of community groups and organizations were asked to participate. Moved by Wilharm, seconded by Bowers to receive and place on file the above comments. Motion carried. MISCELLANEOUS 81494 - 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 Henry L. Fitz dba The Village Inn, 709 Jefferson (12/29/81)(Renewal) Kelley's Lounge, Incorporated dba Kelley's Lounge, 801 Commercial (11/29/82) (Renewal) Beer Permit License Applications Class C dT ams, Inc., 1010 Mitchell (1/4/83) (Renewal) QuikTrip Corporation dba QuikTrip #543, E. 7th & Franklin (1/7/83) (Renewal) Revco Discount Drug Center No. 3007, 2068 Logan Ave.(12/10/82)(Renewal) Sunday Sales - Beer & Liquor License Permit Application Class C Richard Schuler dba El Toro Lounge, Inc., 3005 University Ave. (6/1/82) (New) November 23, 1981 MISCELLANEOUS - CONTINUED 81494 - Continued. Page 7 Sunday Sales - Beer Permit License Applications Class C QuikTrip Corporation dba QuikTrip #543, E. 7th & Franklin (1/7/83) (Renewal) Adams, Inc., 1010 Mitchell (1/4/83)(Renewal) Revco Discount Drug Center No. 3007, 2068 Logan Ave.(12/10/82)(Renewal) Motion carried. 81495 - Moved by Getty, seconded by Dowie One (1) new Cigarette License Permit, be received, placed on file, and granted. Motion carried. BONDS 81496 - Moved by Burton, seconded by Bowers that report of City Attorney and list of bonds filed with Clerk through November 23, 1981, be received, placed on file and report and bonds approved. Motion carried. 81496 - Continued. Melvina Scott asked that the Council carefully consider the remarks made by Roosevelt Roby under C.R.#81474. Motion carried. 81497 - Moved by Bowers, seconded by Wilharm that the Council adjourn. Motion carried.