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HomeMy WebLinkAbout12/15/80w December 15, 1980. 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 December 15, 1980. Mayor Rooff in the Chair. On roll call: Present: Wilharm, Roehr, Penaluna, Getty, Dowie, Burton, Bowers. Absent: None. Invocation by Council- man Bowers. 79690 - Moved by Roehr, seconded by Burton, that the Agenda as proposed , for the Regular Session of December 15, 1980, at 7:00 P.M., be accepted and approved. Motion carried. 79691 - Moved by Penaluna, seconded by Wilharm, that the minutes of the Regular Session held December 8, 1980 at 7:00 P.M. be approved. Motion carried. HEARINGS AND BIDS 79692 - Moved by Dowie, seconded by Burton, that proof of publication of notice of public hear- ing on proposal to sell and convey real property generally located at the intersection of Black Hawk Street and Sixteenth Street as published in the Waterloo Courier on Nov- ember 28, 1980, be received and placed on file. Motion carried. 79693 - HOLD HEARING - This being the time and place for hearing the Mayor called for written and oral objections and there were none. Moved by Roehr, seconded by Bowers, that bids be received, placed on file and instruct Clerk to open and read and refer to the Plan and Program Department. Clerk reported that the following sealed bids be received: BIDDER AMOUNT OF CERTIFIED CHECK Amount of Bid Bearing Service Company, Inc. $655.00 $6,525.00 Motion carried. It was reported that the bid was in order. 79694 - Moved by Wilharm, seconded by Burton, that "Resolution approving and authorizing the conveyance of real property known as Lot 9, Block 17, Hayes Addition as published in the Waterloo Courier on November 28, 1980 to Bearing Service Company, Inc., in the amount of $6,525.00 and authorizing and directing the Mayor and City Clerk to execute and deliver a deed accordingly", be adopted and Clerk instructed to return unsuccess- ful bids. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27408. 79695 - Mayor Rooff announced that no bids had been received for the next regularly scheduled public hearing and asked if the public had any objections to not holding the hearing and there were none. Moved by Wilharm, seconded by Bowers, that the public hearing on the sale of Lots 1-5, Block 6, Shilliam's Third Subdivision be deleted from the agenda. Motion carried. 79696 - Moved by Roehr, seconded by Dowie, that a $100.00 deposit would be required of all persons requesting the City to sell property with said amount applied to the purchase price or refunded if the requestor was an unsuccessful bidder. Motion carried. HEARINGS 79697 - Moved by Roehr, seconded by Dowie, that proof of publication of notice of public hear- ing on proposed amendments to Ordinance No. 2479, as amended, Zoning Ordinance as pub- lished in the Waterloo Courier on November 28, 1980, be received and placed on file. Motion carried. 79698 - HOLD HEARING - This being the time and place to hold hearing the Mayor called for written and oral objections and there were none. Don Temeyer, Plan and Program Director, stated that the changes would affect lots in existingly developed portions of the City by allowing lot widths less than required by the Zoning Ordinance. This could be facilitated by averaging lot widths within 250 ft., of the request. Moved by Dowie, seconded by Bowers, that "An Ordinance amending Ordinance No. 2479, as amended, known as the Zoning Ordinance by adding new sections under part XXII, 2A -48(J) and 2A -48(K)", be received, placed on file and passed for the first time. Ayes: Seven. Motion carried. 79699 - Moved by Burton, seconded by Bowers, that proof of publication of notice of public hear- ing on proposal to rezone property located at the corner of Jefferson Street and West 12th Street as published in the Waterloo Courier on November 28, 1980, be received and placed on file. Motion carried. - 2 - 79700 - HOLD HEARING - This being the time and place to hold hearing the Mayor called for written and oral objections and there were none. Don Temeyer, Plan and Program Director, reported that the Zoning Commission had re- commended denial of the request, therefore requiring a 3/4 vote of the Council to overrule their decision. There was discussion on whether the requestor desired to withdraw his request. Moved by Burton, seconded by Penaluna, that "Ordinance amending Ordinance No. 2479, as amended, by adding Subsection No. 184, Rezoning Certain Property to Section 2A-5", be received, placed on file and action deferred for one week, to confer with requestor. Motion carried. REPORTS 79701 - Moved by Wilharm, seconded by Dowie, that communication from City Engineer trans- mitting request for subgrade repair in Crossroad; Estates and Aerostat Heights to- gether with recommendation of denial, be received, placed on file and "Resolution authorizing the City's participation in subgrade repair in Crossroads Estates in the amount of $63,620.94 and Aerostat Heights in the amount of $8,093.83", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27409. 79702 - Moved by Roehr, seconded by Penaluna, that communication from Community Development Administrator transmitting Audit Report for the Community Development Block Grant Fund for the period of October 1978 to June 1980 and for the #312 Rehabilitation Escrow Account from March 1978 to June 1980, be received and placed on file. Motion carried. 79703 - Moved by Burton, seconded by Bowers, that the minutes of the Community Development Board Meeting held on November 10, 1980, be received, placed on file and approved. Motion carried. DOCUMENTS 79704 - Fedon Petrides stated that this contract was a continuation of a previous contract on parking for the downtown and that this contract would allow for work on the design for expansion of the West Side Parking Ramp. Moved by Wilharm, seconded by Penaluna, that communication from Plan and Program Com- mission transmitting a contract with Brice, Petr4des & Associates for engineering de- sign on the proposed expansion of the West Side Parking Ramp, be received, placed on file and "Resolution authorizing the Mayor to execute engineering design contract for the proposed expansion of the West Side Parking Ramp", be adopted. Ayes: Seven. Re- solution adopted and upon approval by Mayor, assigned No. 27410. 79705 - Moved by Roehr, seconded by Getty, that communication from Community Development Ad- ministrator transmitting a permanent and temporary construction agreement with Mr. and Mrs. Verner Nelson for Stage III -3 of the Local Flood Control Project, be received, placed on file and "Resolution authorizing the execution of a temporary easement agree- ment and permanent easement agreement in connection with the Local Flood Control Pro- ject", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27411. 79706 - Moved by Penaluna, seconded by Roehr, that construction plans for sanitary sewerage facilities for Diagonal Road sanitary sewer extension together with Treatment Agree- ment Form WQ-59 from the Department of Environmental Quality and City Engineer's re- commendation 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. RESOLUTION TO BE ADOPTED 79707 - Hugh Field, Attorney for Client, stated that this project would include the construct- ion of a restaurant and that plans would be available later in the week. Moved by Wilharm, seconded by Bowers, that "Resolution authorizing the execution of a Memorandum of Agreement by and between the City of Waterloo, Iowa and Stephens, Inc., and Chauncey's Coupe and Conservatory Associates III, regarding the issuance of quali- fied Urban Renewal Area Revenue Bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27412. 79708 - Moved by Getty, seconded by Roehr, that "Resolution fixing date of hearing on proposed qualified Urban Renewal Area Revenue Bonds, Series 1981 (Stephens--Chauncey's Project) as January 12, 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. 27413. December 15, 1980 - 3 - 79709 - Moved by Burton, seconded by Bowers, that "Resolution relating to the City's partici- pation in subdivision improvements", be deferred for one week. Ayes: Seven. Motion carried. NEW BUSINESS 79710 - Moved by Roehr, seconded by Getty, that communication from Assistant City Attorney re- porting notice has been served on Joseph A. Graham for the removal of a diseased Dutch Elm tree from the property at 610 Hartman Avenue legally described as Lots 8 and 9, -Block 7, Hagerman Place 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 dis- eased Dutch Elm tree and assess the costs thereof 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 theClerk to publish the necessary notice", be adopted and date of hearing set as January, 1981. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27414. 79711 - Moved by Dowie, seconded by Wilharm, that communication from Assistant City Attorney .transmitting the proposed Housing Ordinance, be received, placed on file and "Reso- lution setting date of hearing as December 22, 1980 at 7:00 P.M. in the City Hall Council Chambers", be adopted and Clerk instructed to publish notice accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27415. 79712 - Moved by Bowers, seconded by Getty, that communication from Sign and Traffic request- ing Council approval for authorization to take bids for paint and thinner for 1981, be received, placed on file and authorization granted. Motion carried. 79713 - Moved by Burton, seconded by Dowie, -recommending installation of street authorizing the installation of one intersection of U.S. Highway 63 and adopted. Ayes: Seven. Resolution 27416. that communication from Plan and Program Director lights be received, placed on file and "Resolution 175 Watt White Mercury Vapor Street Light at the Charm Drive (Southland Park Third Addition)", be adopted and upon approval by Mayor, assigned No. 79714 - Moved by Bowers, seconded by Getty, that the following request for permission to attend function, with expenses allowed not to exceed amounts shown, be received, placed on file and approved: Electrical Inspector to attend 1981 N.E.C. Seminar, Des Moines, Iowa, January 8 - 9, 1981 -- $102.00 plus use of City vehicle. Ayes: Seven. MISCELLANEOUS Motion carried. 79715 - Moved by Wilharm, seconded by Roehr, 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 CWJ Enterprises, Inc. dba The Trinity Club, 708-710 Jefferson James C. McMahon dba Bimbo's, 227 Washington Street Peter Chao dba Yen Ching, 609 Commercial Street Beer Permit License Application Class C Ronald D. Adams dba Adams, Inc., 1010 Mitchell Avenue Sunday Sales - Beer and Liquor Permit Applications Class C Peter Chao dba Yen Ching, 609 Commercial Street Sunday Sales - Beer Permit License Application Class C Ronald D. Adams dba Adams, Inc., 1010 Mitchell Avenue Motion carried. December 15, 1980 - 4 - 79716 - Moved by Bowers, seconded by Dowie, that following application for Taxicab Driver, be received, placed on file and approved: Steve Moore, 301 Rath Lind Edward Johnson, 620 Randolph Motion carried. 79717 - Moved by Burton, seconded by Bowers, that the following application for Massage Business Permit, be received, placed on file and approved: Sisal Scrub, 1915 Lafayette Ayes: Roehr, Penaluna, Getty, Dowie, Burton, Bowers. Nay: Wilharm. Motion carried. 79718 - Moved by Getty, seconded by Wilharm, that the following application for Peddler's License, be received, placed on file and approved: Douglas Lee Brown, 1215 Logan Avenue Motion carried. 79719 - Moved by Roehr, seconded by Bowers, that one (1) new cigarette license permit, be re- ceived, placed on file and granted. Motion carried. 79720 - Moved by Bowers, seconded by Getty, that report of City Attorney and list of bonds filed with the Clerk through December 15, 1980, be received, placed on file and report and bonds approved. Motion carried. 79721 - Moved by Getty, seconded by Wilharm, that communication from Plan and Program Director making request for the City Council to meet in Executive Session to discuss the City's offer on property in the condemnation case of the Shadow Wood property located at the intersection of Pleasant Valley and Letsch Road, be received, placed on file and Council meet in Executive Session after the regularly scheduled Council Meeting of December 15, 1980, with the concurrance of the City Attorney. Ayes: Seven. Motion carried. 79722 - Moved by Dowie, seconded by Getty, that the Council close the executive session. Motion carried. 79723 - Moved by Dowie, seconded by Getty, that the Council adjourn. Motion carried. Larry P. Burger City Clerk.