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Home My WebLink About02/23/81February 23, 1981 The Council of the City of Waterloo, Iowa, met in Regular Session in Council City Hall at 7:00 P.M., on February 23, 1981. Mayor Rooff in the Chair. On Bowers, Burton, Getty, Penaluna, Roehr, Wilharm. Absent: Dowie. Invocation. 79959 - Moved by Wilharm, seconded by Bowers, that the Agenda, as amended for of February 23, 1981, at 7:00 P.M., be accepted and approved. Motion carried. 79960 - Moved by Roehr, seconded by Penaluna, that the minutes of the Regular Session held Febru- ary 16, 1981 at 7:00 P.M., be approved. HEARINGS Chambers in the roll call: Present: by Councilman Getty. the Regular Session 79961 - Moved by Wilharm, seconded by Bowers, that proof of publication of notice of public hear- ing on proposal to dispose of property along West 4th Street and grant an easement for air rights for the walkway over West 4th Street connecting the new Hotel and Conway Civic Center as published in the Waterloo Courier on February 13, 1981, be received and placed on file. Motion carried. 79962 - HOLD HEARING - This being the time and place to hold hearing the Mayor called for written and oral objections and there were none. Moved by Bowers, seconded by Burton, that "An Ordinance vacating a portion of West Fourth Street generally located east of West Fourth and south of Commercial Street", be received, placed on file and passed for the first time. Ayes: Six. Absent: Dowie. Motion carried. 79963 - Moved by Wilharm, seconded by Penaluna, that the rules requiring ordinances to be con- sidered 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: Dowie. Motion carried. 79964 - Moved by Roehr, seconded by Bowers, that "An Ordinance vacating a portion of West Fourth Street generally located east of West Fourth Street and south of Commercial Street", be adopted. Ayes: Six. Absent: Dowie. Ordinance adopted and upon approval by Mayor, assigned No. 3129. ORAL PRESENTATIONS The ;E'layor called for written and oral presentations and there were none. PETITIONS FROM PUBLIC 79965 - Moved by Burton, seconded by Wilharm, that request of J.P. Huff for Council on its motion to rezone from "R-3" Multiple Family Residence District to "R-4" Multiple Family Residence District approximately two (2) lots located south of U.S. Highway 63 and bordered on the east by Randall Street together with City Zoning Commission's recommenda- tion for denial, be received, placed on file, and."Resolution setting date of hearing as March 16, 1981 at 7:00 P.M. in the City Hall, Council Chambers", be adopted, and Clerk instructed to publish notice. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned .M..1981-72. 79966 - Moved by Roehr, seconded by Wilharm, that request of Gene Bond for Council on its motion to rezone from "M-1" Light Industrial District to "M -2,P" Planned Industrial District approximately thirty-one (31) acres located south of West Airline Highway and east of Burton Avenue together with City Zoning Commission's recommendation for denial, be re- ceived, placed on file, and "Resolution setting date of hearing as March 16, 1981 at 7:00 P.M., in the City Hall, Council Chambers", be adopted, and Clerk instructed to publish notice. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 1981-73. 79967 - Moved by Wilharm, seconded by Roehr, that communication from City Engineer transmitting request of Black Hawk Development Company for participation in subdivision improvements in Granger's Second Addition together with recommendation of denial be received, and placed on file. Motion carried. Fred Debe, Schenk Engineering, spoke on behalf of Black Hawk Development Company's request for City participation. He explained how the subdivision had been developed to handle storm water from the entire basin and that the improvements which they were asking would be serving a larger area than this particular subdivision. Ralph Anderson, City Engineer, stated that the City had not agreed to any financial - 2 - 79967 - (Continued) participation in this subdivision at any time in the past. After discussion, it was agreed that Mr. Debe would prepare drawings of the area in- dicating those areas requiring oversizing. 79968 - Moved by Bowers, seconded by Roehr, that the request of Black Hawk Development Company for city participation in subdivision improvements in Granger's Second Addition be de- layed for one week. Motion carried. 79969 - Moved by Roehr, seconded by Burton, that communication from City Engineer transmitting request of Weis Builders, Inc., for City participation in the costs of sanitary sewer, storm sewer and paving for Sears Street and Camelot Court in the amount of $12,115.82, be received, placed on file and tabled for one week. Motion carried. REPORTS 79970 - Moved by Wilharm, seconded by Bowers, that the Waterloo Park Commission's 1980 Annual Report, be received, placed on file. Motion carried. 79971 - Moved by Burton, seconded by Wilharm, that the minutes of the Community Development Board Meeting held on January 13, 1981, be received, placed on file. Motion carried. carried. 79972 - M9 ea by Wilharm, seconded by Burton, that communication from Assistant City Attorney,' ictor N. Kennedy reporting on three-fourths vote requirement on rezoning from "R-2" One and Two Family Residence District to "C-1" Commercial District (Cedar Falls Oil Co.) referred to under Council Action #79957, February 16, 1981, be received and placed on file. Motion carried. Several points of further discussion involving parliamentary points of procedure were discussed. These included that a Councilman who desired to bring the matter up for discussion must be from the prevailing side, as well as the second to the motion. Also, that the Mayor could not veto the action taken under #79957 of February 16, 1981 because it was not an affirmative action. 79973 - Moved by Penaluna, to reconsider the request of Cedar Falls Oil Company to rezone from "R-2" One and Two Family Residence District to "C-1" Commercial District a parcel of land located north of Howard Avenue and west of U.S. Highway 218. The motion died for a lack of a second. DOCUMENTS 79974 - Moved by Roehr, seconded by Bowers, that communication from City Engineer transmitting an agreement with the Chicago and Northwestern Transportation Company for the installa- tion of warning lights and automatic gates at the railroad crossing of Linden Avenue, be received, placed on file and "Resolution authorizing the Mayor to execute an agree- ment with the Chicago and Northwestern Company for the installation of warning lights", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 1981-74. RESOLUTION TO BE ADOPTED 79975 - Moved by Wilharm, seconded by Roehr, that "Resolution amending the Community Development Block Grant Program budget by transferring funds in the amount of $288,000.00 from Com- pletion of Urban Renewal to Public Works, Facilities and Site Improvements", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 1981-75. BILLS - PAYMENT 79976 - Moved by Wilharm, seconded by Getty, that "Bills, Resolution, "Schedule A", be adopted: Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 1981-76. 79977 - Moved by Wilharm, seconded by Roehr, that "Resolution authorizing the payment of the following statements for work completed by contractors and amounts indicated together with recommendation for approval: Hackett Road Sanitary Sewer Pumping Station Storage Basin and Controls, Contract No. 206, Brice, Petrides & Associates, Inc. -- $3,986.11 February 23, 1981. .� - 3 79977 - (Continued) Dry Run Creek Flood Control Works, Contract No. 99C, Brice, Petrides & Associates, Inc. - - $301.46 Dry Run Creek Flood Control Works, Contract No. 99A, Brice, Petrides & Associates, Inc. - - $5,360.22 Reconstruction of West Ridgeway Avenue from U.S. Highway No. 63 to West City limits of Waterloo, Iowa, Federal Project No. M-6500(2)--81-07, Contract No. 165, Brice, Petrides & Associates, Inc. -- $6,292.65", adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 1981-77. 79978 - Moved by Wilharm, seconded by Roehr, that "Resolution authorizing the payment of the following pay estimates for work completed by contractors and amounts indicated to- gether with recommendation for approval: Pay Estimate No. 4 - Hackett Road Sanitary Sewer Pumping Station Storage Basin and Con- trols, Contract No. 206, Lehman Trucking and Excavating -- $8,964.09", adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 1981-78. NEW BUSINESS 79979 - It was explained that if major changes were made at this hearing, that a second hearing would be scheduled the following week. Moved by Wilharm, seconded by Burton, that communication from Mayor Rooff recommending Fiscal Year 1982 Budget public hearing set for March 3, 1981 at 7:00 P.M. in City Hall in the Council Chambers, be received, placed on file, and "Resolution setting date of hearing as March 3, 1981, at 7:00 P.M. in the Council Chambers, as the date, time and place for said hearing", be adopted and the City Clerk is hereby instructed to publish the Budget Estimate Summary and Notice of Public Hearing. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 1981-79. 79980 - Moved by Roehr, seconded by Bowers, that the following request for permission to attend functions, with expenses allowed not to exceed amounts shown, be received, placed on file and approved: Detective Sergeant to attend Introduction to Small Computers, Arlington Heights, Illinois, March 3 - 6, 1981 -- $638.00, plus use of City vehicle. Assistant Superintendent of Sewers to attend Sewer System Maintenance Workshop, Topeka, Kansas, March 12 - 13, 1981 -- $340.00 Division Chief, Fire Department to attend Executive. Development III Course, National Fire Academy, Emmitsburg, Maryland, March 2 - 13, 1981 -- $120 - City's share (Academy to pay remaining costs). Ayes: Six. Absent: Dowie. Motion carried. Miscellaneous 79981 - Moved by Wilharm, seconded by Roehr, that 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 Permit License Applications Class C Bert Medhaug dba The Jet, 451 West Parker Guild and Johnson Ltd., dba The Locker Room, 1918 Hawthorne Avenue Bimbo's Ltd., dba Bimbo's, 227 Washington Street Alvin P. Costs dba Babes Tap, 210 Division Beer Permit License Applications Class C Herchel S. Julian dba Chieftain Oil Co. of Iowa, Inc., 217 Washington February 23, 1981 - 4 79981 - (Continued) Lucky Stores, Inc., dba Eagle Discount Supermarket #082, 2052 Logan Avenue Lucky Stores, Inc., dba Eagle Discount Supermarket #131, Washington & West 7th Streets Hy Vee Food Store #1 dba Hy Vee Food Stores, Inc., 306 Byron Street S & S Meats & Groceries, Inc., 930 West 5th Street Sunday Sales - Beer Permit License Applications Class C S & S Meats & Groceries, 930 West 5th Street Hy Vee Food Store #1, 306 Byron Street Lucky Stores, Inc., dba Eagle Discount Supermarket #131, Washington & West 7th Streets Lucky Stores, Inc., dba Eagle Discount Supermarket #082, 2052 Logan Avenue Herchel S. Julian dba Chieftain Oil Co. of Iowa, Inc., 217 Washington Motion carried. 79982 - Moved by Bowers, seconded by Burton, that the following application for Taxicab Driver, be received, placed on file and approved: Ronald W. Uhlenberg, 1027 Lafayette Street. Motion carried. Mayor Rooff indicated that unless the Council objected he would protest the 19% rate increase being proposed by Iowa Public Service. BONDS 79983 - Moved by Burton, seconded by Wilharm, that report of City Attorney and list of bonds filed with Clerk through February 23, 1981, be received, placed on file and report and bonds approved. Motion carried. 79984 - Moved by Roehr, seconded by Bowers, that the Council adjourn. Motion carried. Larry P. Burger City Clerk. February 23, 1981. AMENDMENT TO COUNCIL PROCEEDINGS OF FEBRUARY 23, 1981 79964A Moved by Council Member Wilharm, seconded by Council Member Bowers that "Resolution authorizing sale and conveyance of property along West 4th Street and granting an easement for air rights for the walkway over West 4th Street connecting the new Hotel and Conway Civic Center to Continental Investment Group", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1981-71A