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HomeMy WebLinkAbout01/16/84January 16, 1984 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 January 16, 1984. Mayor Bowers in the Chair. Roll call: Seeber, Dowie, Wright, Getty, Lichty, Penaluna, Klinger. Invocation by Lichty. 85219 - Moved by Wright, seconded by Seeber that the Agenda, as proposed for the Regular Session of January 16, 1984 at 7:00 p.m., be accepted and approved. Motion carried. 85220 - Moved by Seeber, seconded by Dowie that the Minutes of the Regular Session held January 9, 1984 at 7:00 p.m., be approved. Motion carried. HEARINGS 85221 - Moved by Dowie, seconded by Getty that proof of publication of notice of public hearing on disposal and conveyance to Hurst Holding Company property known as vacated Bourland Avenue between W. 8th and W. 9th Streets as published in the Waterloo Courier on December 30, 1983 be received and placed on file. Motion carried. 85222 - HOLD HEARING --This being the time and place of hearing the Mayor called for written and oral objections and there were none. Moved by Perialuna, seconded by Klinger that "Resolution authorizing conveyance of a certain parcel to Hurst Holding Company Inc., in exchange for conveyance of a parcel to the City known as vacated Bourland Avenue between W. 8th and W. 9th Streets", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-22. 85223 - Moved by Penaluna, seconded by Dowie that proof of publication of notice of public hearing on amendments to Ordinance No. 2479, as amended, Zoning Ordinance, relating to definitions, "M -2,P" Planned Industrial District, Parking Requirements, and Special Permits as published in the Waterloo Courier on December 30, 1983 be received and placed on file. Motion carried. January 16, 1984 HEARINGS CONTINUED Page Two 85224 - HOLD HEARING --This being the time and place of hearing the Mayor called for written and oral objections and there were none. Moved by Dowie, seconded by Seeber that an "Ordinance amending Ordinance No. 2479, known as the Zoning Ordinance by repealing: Part III, Section 2A-3, Definitions; and enacting in lieu thereof: Part III, Section 2A-3, Definitions; by enacting Subsection C, Minor Site Plan Amendments, Part XVI, "M-2" heavy Industrial District, "M -2,P" Planned Industrial District; Section 2A-39, Regulations; by repealing Part XIX, Parking and Loading Areas, Public Garages, Parking Lots and Filling Stations, Section 2A-45, Off -Street Parking Area Required, Subsection B-13, General Requirements; Size; and Part XIX, Parking and Loading Areas, Public Garages, Parking Lots and Filling Stations, Section 2A-45, Off -Street Parking Area Required, Subsection D, Parking Space Required; and enacting in lieu thereof: Part XIX, Parking and Loading Areas, Public Garages, Parking Lots and Filling Stations, Section 2A-45, Off -Street Parking Area Required, Subsection D, Parking Space Required; by repealing Part XXII, Exceptions and Modifications, Section 2A-48, Exceptions and Modifications, Subsection H, Special Permit Required; and enacting in lieu thereof: Part XXII, Exceptions and Modifications, Section 2A-48, Exceptions and Modifications, Special Permit Required", be received, filed, considered, and passed for the first time. Ayes: Seven. Motion carried. ORAL PRESENTATIONS The Mayor called for oral presentations and there were none. PETITIONS FROM PUBLIC 85225 - Moved by Getty, seconded by Lichty that communication from Planning, Programming and Zoning Commission transmitting site plan of Cornerstone Fellowship Church located within Cedar Hills "R-4, R -P" Planned Residence District known as Tracts J & K, together with recommendation of approval be received, placed on file, and "Resolution setting date of hearing as February 6, 1984 at 7:00 p.m., in the City Hall Council Chambers on above described request", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-23. 85226 - Moved by Dowie, seconded by Wright that communication from Planning, Programming and Zoning Commission transmitting request to vacate sixteen (16) feet utility easement in northeasterly corner of Lot No. 155, Granger's Second Addition, together with recommendation of approval be received, placed on file, and "Resolution setting date of hearing as February 6, 1984 at 7:00 p.m. in the City Hall Council Chambers on above described request", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-24. January 16, 1984 Page Three REPORTS 85227 - Moved by Penaluna, seconded by Klinger that City Auditor's Statement for December, 1983 be received and placed on file. Motion carried. 85228 - Moved by Dowie, seconded by Getty that Communication from City Engineer transmitting agreement with State of Iowa for installation of advance warning signs at railroad crossings (Project No. RRP-OOOS(14)--48-00), together with recommendation of approval be received, placed on file, approved and "Resolution approving said document", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-25. 85229 - Moved by Getty, seconded by Klinger that Communication from City Engineer transmitting construction plans for sanitary sewer crossing of relocated Highway 20; Treatment Agreement WQ-59 (Dec 78) for the Department of Water, Air, and Waste Management; Iowa Department of Transportation Application for use of Highway Right -of -Way for Utilities Accommodation, together with Planning, Programming and Zoning Commission's recommendation of approval, be received, placed on file, approved and Mayor authorized to execute same. Motion carried. RESOLUTIONS TO BE ADOPTED 85230 - Moved by Dowie, seconded by Penaluna that "Resolution adopting and levying, final schedule of assessments, and providing for payment thereof for the F.Y. 1984 Paving Program, Contract No. 250", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-26. ORDINANCES TO BE ADOPTED 85231 - Moved by Klinger, seconded by Dowie that an "Ordinance amending Ordinance No. 2644, known as the Traffic Code, by repealing Section 322, Monthly Parking, Subsection (d) of Section 329, and Section 343, Parking Rates for cash patrons, all relating to Parking Fees and Fines; and by enacting in lieu thereof new Section 322, Fees for monthly ramp and lot parking, Subsection (d) of Section 329 and Section 343, Parking Rates for cash patrons; and by adding Section 310, Daily Lot Fee", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. January 16, 1984 Page Four ORDINANCES TO BE ADOPTED CONTINUED 85232 - Moved by Seeber, seconded by Penaluna that an "Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by adding a new chapter providing regulations regarding hazardous substances, and requiring persons responsible for the storing, handling, and transportation of such substances to clean up spills, and providing remedies for the City of Waterloo, to clean up such spills upon failure to do so, and providing penalties for the violation thereof", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 85233 - Moved by Wright, seconded by Dowie that "an Ordinance vacating a portion of Lafayette Street generally described as lying adjacent to Lot 9, Blk. 30 in Original Plat of East Waterloo", be received, placed on file, passed and considered for the second time. Ayes: Seven. Motion carried. 85234 - Moved by Getty, seconded by Lichty that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended, and that below ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Seven. Motion carried. 85235 - Moved by Getty, seconded by Dowie that "an Ordinance vacating a portion of Lafayette Street generally described as lying adjacent to Lot 9, Blk. 30 in Original Plat of East Waterloo (YMCA --E. Park Ave. and Lafayette St.), be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3320. 85236 - Moved by Getty, seconded by Dowie that "Resolution authorizing the vacation, sale and conveyance of portion of Lafayette Street as described above (CR85235)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-27. 85237 - Moved by Wright, seconded by Getty that "an Ordinance amending Ordinance No. 2479 as amended, Zoning Ordinance, be amended by adding Sub -section No. 5 to Section 2A -7N, Conditionally Zoning Certain Property", be received, placed on file, considered and passed for the third time. Ayes: Seven. Motion carried. im _. r 1-11, .,ON January 16, 1984 Page Five ORD114ANCES TO BE ADOPTED CONTINUED 85238 - Moved by Klinger, seconded by Wright that "an Ordinance amending Ordinance No. 2479 as amended, Zoning Ordinance, be amended by adding Sub -section No. 5 to Section 2A-714, Conditionally Zoning Certain Property", be adopted. Ayes: Seven. (Mary Mangum -"C -Z" to "R-2" - 2401 E. 4th Street) Ordinance adopted and upon approval by Mayor assigned No. 3321. NEW BUSINESS 85239 - Moved by Penaluna, seconded by Klinger that communication from Street Department transmitting retirement of Harold V. Dishinger, together with recommendation of payment of $13,328.40, be received, placed on file, approved and "Resolution authorizing payment", be adopted and Clerk/Auditor authorized to deliver warrant accordingly. Ayes: Seven Resolution adopted and upon approval by Mayor assigned No. 1984-28. 85240 - Moved by Penaluna, seconded by Klinger that communication from Street Department transmitting retirement of LaVern Deegan together with recommendation of payment of $9,570.00 be received, placed on file, approved and "Resolution authorizing payment", be adopted and Clerk/Auditor authorized to deliver irarrant accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1984-29. 85241 - Moved by Seeber, seconded by Dowie that communication from Mayor Del Bowers transmitting recommendation on reappointment of Robert Mason, Ed Wilson, John Mclntee to the Housing Board of Appeals, with term expiration of February 1, 1987 be received, placed on file, and approved. Motion carried. 85242 - Moved by Dowie, seconded by Klinger that cam-nunication from Mayor Del Bowers transmitting recommendation an reappointment of Ed Paulson to Waterloo Water Works Board of Trustees, with term expiration on January 1, 1990 be received, placed on file, and approved. Motion carried. 85243 - Moved by Dowie, seconded by Klinger that communication from Personnel Director transmitting recommendation on appointment of Cora Turner to the position of Personnel Analyst be received, placed on file, and approved. Motion carried. January 16, 1984 Page Six NEW BUSINESS CONTINUED 85244 - Moved by Getty, seconded by Lichty that the following requests for permission to attend functions with expenses not to exceed amounts shown, be received, placed on file and approved: Attend Functions Five (5) Fire Department Personnel to attend Instructional Techniques for Company Officers Community Fire Defense Plan Seminars, January 28-29, 1984, Anes, Iowa cost not to exceed $350.00 plus use of city vehicle. Superintendent Central Garage to attend Equipment Investment/Replacement Seminar, February 21-23, 1984, Peoria, Illinois cost not to exceed $650.00. Motion carried. MISCELLANEOUS 85245 - Moved by Wright, seconded by Dowie that the following application for Beer and Liquor License be received, placed on file, approved and endorsed application forwarded to the Iowa Beer and Liquor Control Department: Beer and Liquor Permit License Application plus Sunday Sales Class C Urban Enterprises, Inc. dba Charlie Broom's, 120 Sumner, (New) (Expires 1/12/85) Motion carried. INOIN N- 85246 - Moved by Dowie, seconded by Getty that the report of City Attorney and list of bonds filed with Clerk through January 16, 1984 be received, placed on file and report and bonds approved, subject to several changes. Motion carried. rg 011011] v k, 14 ISI 85247 - Moved by Klinger, seconded by Wright that the Council adjourn. Motion carried. Larry P. Burger Clerk/Auditor