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HomeMy WebLinkAbout01/26/81January 26, 1981. The Council of the City of Waterloo, Iowa, met in Regular Session in Council Chambers in the City Hall at 7:00 P.M., on January 26, 1981. Mayor Rooff in the Chair. On roll call: Present: Bowers, Burton, Dowie, Getty, Penaluna, Roehr, Wilharm. Absent: None. Invocation by Council- man Bowers. 79857 - Moved by Dowie, seconded by Roehr, that the Agenda, as amended, for the Regular Session of January 26, 1981, at 7:00 P.M., be accepted and approved. Motion carried. 79858 - Moved by Roehr, seconded by Burton, that the minutes of the Regular Session held Jan- uary 19, 1981 at 7:00 P.M. be approved. Motion carried. HEARINGS 79859 - Moved by Bowers, seconded by Wilharm, that proof of publication of notice of public hearing on Seventh Year Community Development Block Grant Funds to be submitted to the Department of Housing and Urban Development as published in the Waterloo Courier on January 9, 1981, be received and placed on file. Motion carried. 79860 - HOLD HEARING - This being the time and place of hearing, the Mayor called for written and oral objections and there were none. The Mayor listed each of the categories that monies are being proposed. Councilman Getty asked if we were being affected by the federal cut of 2%. Mr. Mercer explained that official notification had not been received, however, a 2% cut could be absorbed by the contingency category. Councilman Dowie felt that the contingency fund line item of $30,000 was quite low considering the amount of projects eligible for block grant funding that come up during the year. Mr. Mercer explained that allocations could be shifted within a catagory after approv- al of the application without a public hearing; Councilman Penaluna asked what the administrative line item covered. Mr. Mercer ex- plained that all salaries and benefits, all office expenses and legal work was in- cluded in this item. Moved by Bowers, seconded by Wilharm, that "Resolution approving the preparation and submission of an application to the Department of Housing and Urban Development for Federal assistance under Title I of the Housing and Community Development Act of 1974", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-33. 79861 - Moved by Roehr, seconded by Burton, that proof of publication of notice of public hearing on request of Young Development Company to rezone from "A-1" Agricultural District and "R-2" One and Two Family Residential District to "R-3" Multiple Family Residence District as published in the Waterloo Courier on January 8, 1981, be received and placed on file. Motion carried. 79862 - The Mayor announced that the applicant, Young Development Company had requested that their rezoning request be removed from the agenda. Moved by Burton, seconded by Dowie, that the rezoning of Young Development Company from "A-1" Agricultural District and "R-2" One and Two Family Residence District to "R-3" Multiple Family Residence District be voided from the agenda. Motion carried. ORAL PRESENTATIONS Mayor Rooff spoke of his thankfulness for the safe return of the former Hostages in Iran and that if and when Kathryn Koob of Jesup, Iowa, returns to Iowa she will be welcomed home officially by the City of Waterloo. 79863 - Ken Williams, 800 Riehl, asked that consideration be given to paving of Ashland Avenue from Riehl to Parker, with assistance from Block Grant Funds. Moved by Penaluna, seconded by Wilharm, that the above remarks of Mr. Williams be received and placed on file. Motion carried. 79864 - Elmer Moeller, 755 Dawson Street, also expressed his desire for paving of Ashland Avenue. Moved by Burton, seconded by Wilharm, that the above remarks of Mr. Moeller, be re- ceived and placed on file. Motion carried. 2 PETITIONS FROM PUBLIC 79865 - Jay Roberts, Attorney for CWS explained that this matter was being brought before the Council as requested in a letter from the Building Official's Office. Curt Parsons, Building Official, explained that he had received complaints on the trailer and that this was in violation of ordinance, which states that mobile homes must be located in a licensed mobile home park. Moved by Roehr, seconded by Bowers, that communication from J. Roberts, Attorney re- presenting CWS Truck -Rail -Truck Service of Lansing, Illinois, petitioning the City of Waterloo to grant permission to CWS and Illinois Central Railroad to maintain a 8'x16' trailer on the premises generally described as East Fourth and Sumner Streets be re- ceived, placed on file, and "Resolution allowing trailer to remain on said premises for six months, with review of the ordinance regulating mobile homes", be adopted. Ayes: Bowers, Dowie, Getty, Penaluna, Roehr. Nays: Burton, Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 1981-34. 79866 - Moved by Dowie, seconded by Getty, that request of Cedar Falls Oil Company for Council on its motion to rezone from "R-2" One and Two Family Residential District to "C-1" Commercial District approximately five (5) lots located north of Howard Avenue and west of U.S. Highway 218 together with City Zoning Commission's recommendation for denial, be received, placed on file, and "Resolution setting date of hearing as Feb- ruary 16,1981 at 7:00 P.M. in the City Hall, Council Chambers", be adopted, and Clerk instructed to publish notice. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-35. 79867 - Moved by Bowers, seconded by Getty, that "Resolution recommending approval of appli- cation of 519 Adams Street for tax abatement as permitted by the Urban Revitalization Bill", be adopted and Clerk instructed to forward said application to the City Assessor for final determination of tax exemption. Ayes: Six. Nays: Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 1981-36. 79868 - Moved by Dowie, seconded by Burton, that "Resolution recommending approval of applica- tion of 620 Quincy Street for tax abatement as permitted by the Urban Revitalization Bill", be adopted and Clerk instructed to forward said application to the City Assessor for final determination of tax exemption. Ayes: Six. Nays: Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 1981-37. 79869 - Moved by Penaluna, seconded by Dowie, that "Resolution recommending approval of appli- cation of 738 Adams Street for tax abatement as permitted by the Urban Revitalization Bill", be adopted and Clerk instructed to'forward said application to the City Assessor for final determination of tax exemption. Ayes: Six. Nays: Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 1981-38 REPORTS 79870 - After clarification, it was reported that the petitioners were requesting resurfacing of the street with full assessment to be paid by the property owners. The City would pick up all usual City costs. Moved by Wilharm, seconded by Dowie, that report from the City Engineer transmitting tabulation (in percentage figures) of property owners requesting paving in Cedar Ter- race referred to him under C.R.#79832, be received, placed on file, and "Resolution authorizing certain streets in Cedar Terrace Addition to be included in the 1981 Pav- ing Program, with property owners paying full assessment", be adopted. Resolution adopted and upon approval by Mayor, assigned No. 1981-39. DOCUMENTS 79871 - Moved by Dowie, seconded by Penaluna, that contract, performance bond and certificate of insurance for Contract No. 201, be received, placed on file and "Resolution approv- ing contract and bond of Fred Carlson Company, Inc., of Decorah, Iowa, for Shaulis Road Paving Project No. M-6470(2)--81--07, Contract No. 201 in the amount of $1,048,452.20", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No.' 1981-40. 79872 - Moved by Burton, seconded by Roehr, that construction plans for sanitary sewerage facilities for Harriett Hutchins Addition together with Treatment Agreement Form WQ-59 from the Department of Environmental Quality and City Engineer's recommendation for approval subject to final acceptance of plans by the Department of Environmental Quality, be received, placed on file, recommendation approved and Mayor and City Clerk authorized to execute same. Motion carried. January 26, 1981. - 3 - 79873 - Moved by Roehr, seconded by Getty, that communication from Community Development Ad- ministrator transmitting an offer of sale from Black Hawk Investments for property in connection with Stage V -D of the Local Flood Control Project generally located at East 18th Street and the Cedar River be received, placed on file and "Resolution ac- cepting and approving certain offers to sell real property to the City and accepting and approving certain deeds from Black Hawk Investments", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-41. RESOLUTION TO BE ADOPTED 79874 - Moved by Dowie, seconded by Bowers, that "A Resolution transferring from the Federal Revenue Sharing Fund the sum of Six hundred fifty-four thousand four hundred seventy- five dollars ($654,475.00) to the General Fund", be adopted. Ayes: Seven. Resolu- tion adopted and upon approval by Mayor, assigned No. 1981-4 ORDINANCE TO BE ADOPTED 79875 - Moved by Wilharm, seconded by Dowie, that "An Ordinance amending Ordinance No. 2479, as amended, by adding Subsection No. 185 to Section 2A-5, Rezoning Certain Property", be received, placed on file and passed for the second time. Ayes: Seven. Motion carried. 79876 - Moved by Wilharm, seconded by Bowers, 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: Seven. Motion carried. 79877 - Moved by Dowie, seconded by Penaluna, that "An Ordinance amending Ordinance No. 2479, as amended, by'adding Subsection No. 185 to Section 2A-5, Rezoning Certain Property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 3127. 79878 - Moved by Roehr, seconded by Dowie, that "An Ordinance No. 2644, known as the Traffic Ordinance by repealing Section 125, Property Damage Accident Reports, and enacting in lieu thereof new Section 125, Property Damage Accident Reports", be received, placed on file and passed for the second time. Ayes: Seven. Motion carried. 79879 - Moved by Roehr, seconded by Dowie, that the rules requiring ordinances to be consider- ed and voted for passage at two prior meetings, be suspended, the above ordinance re- corded as having been considered and passed for the second and third times, and now placed on its final adoption. Ayes: Seven. Motion carried. 79880 - Moved by Penaluna, seconded by Wilharm, that "An Ordinance amending Ordinance No. 2644, known as the Traffic Ordinance by repealing Section 125, Property Damage Acci- dent Reports, and enacting in lieu thereof new Section 125, Property Damage Accident Reports", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 3128. BILLS - PAYMENT 79881 - Moved by Dowie, seconded by Wilharm, that "Bills, Resolution, Schedule A", be adopted. Ayes; Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-43. 79882 - Moved by Roehr, seconded by Dowie, that "Resolution authorizing the payment of the following pay estimate for work completed by contractor and amount indicated together with recommendation for approval: Pay Estimate No. 3 - Hackett Road Sanitary Sewer Pumping Station Storage Basin and Controls, Contract No. 206, Lehman Trucking and Excavating -- $26,892.27", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-44. NEW BUSINESS 79883 - Moved by Burton, seconded by Bowers, that communication from Plan and Program Director recommending installation of street lights, be received, placed on file and "Resolution authorizing the installation of 175 watt white mercury vapor street lights at the following locations: Northeast corner of intersection of west leg of Ravenwood Court (3651 Ravenwood) Northwest corner of intersection of east leg of Ravenwood Court (3719 Ravenwood)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-45. January 26, 1981. - 4 - 79884 - Moved by Roehr, seconded by Bowers, that communication from Superintendent of Streets reporting resignation of Eldon Herbsleb effective January 15, 1981 and entitlement of 200 hours vacation pay and 28 hours sick leave be received, placed on file and "Reso- lution approving payment of $1,561.80 sick and vacation pay to Eldon Herbsleb, Street Department", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-4. 79885 — Moved by Getty, 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: Administrative Assistant to attend Energy Building Code Workshop, Cedar Rapids, Iowa, February 3, 1981 -- $15.00 plus use of City vehicle. Personnel Director to attend League of Iowa Municipalities, Des Moines, Iowa, January 29 - 30, 1981 -- $59.00. Ayes: Seven. Motion carried. MISCELLANEOUS 79886 - Moved by Wilharm, seconded by Getty, that following applications for Beer & Liquor License, 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 Jane G. Hobert dba Shamrock, 737 Logan Avenue Agnes L. Fox dba Fox's Bar, 715 Sycamore Street Beer Permit License Application Class C Rudolph Petra dba L & L Apco, 4036 Logan Avenue Motion carried. 79887 - Moved by Bowers, seconded by Roehr, that the following application for Peddler's License, be received, placed on file and approved: Mark Dennis Patterson, Black Hawk Village Motion carried. 79888 - Moved by Roehr, seconded by Getty, that two (2) new cigarette license permits, be received, placed on file and approved. Motion carried. BONDS 79889 - Moved by Bowers, seconded by Burton, that report of City Attorney and list of bonds filed with Clerk through January 26, 1981, be received, placed on file and report and bonds approved. Motion carried. 79890 - Moved by Getty, seconded by Bowers, that Council adjourn. Motion carried. Larry P. Burger City Clerk. January 26, 1981.