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HomeMy WebLinkAbout01/17/83f -1 r January 17, 1983 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 17, 1983. Mayor Pro -Tem Jack Roehr in the Chair: Roll Call: Getty, Penaluna, Roehr, Wilharm, Dowie, Burton, Bowers. Invocation by Bowers 83553 - Moved by Burton, seconded by Bowers that the Agenda, as proposed for the Regular Session of January 17, 1983 at 7:00 p.m., be accepted and approved. Motion carried. 83554 - Moved by Getty, seconded by Dowie that the Minutes of the Regular Session held January 10, 1983 at 7:00 p.m. be approved. Motion carried.- HEARINGS arried. HEARINGS 83555 - Moved by Wilharm, seconded by Burton that proof of publication of notice of public hearing to Rezone from "U-1" Unclassified District to "C-2" Commercial District --11 acres bounded by W. 7th and W. 11th and north of Commercial Street as published in the Waterloo Courier on January 4, 1983 be receiv'ed and placed on file. Motion carried. 83556 - Don Temeyer, Plan & Program Director, reported that said change would allow construction in an area that is no longer considered a flood plain since the construction of flood walls; however, residential uses would remain as non -conforming. HOLD HEARING --This being the time and place of hearing the Mayor Pro -Tem called for written and oral objections. There were none. Moved by Wilharm, seconded by Bowers that "An ordinance amending Ordinance No. 2479 as amended, Zoning Ordinance by adding Subsection No. 202 to Section 2A-5", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 83557 - Moved by Burton, seconded by Getty that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended, and that above 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. January 17, 1983 HEARINGS CONTINUED 83558 - Moved by Wilharm, seconded by Burton Page Two that "An Ordinance amending Ordinance No. 2479, as amended, Zoning Ordinance by adding Subsection No. 202 to Section 2A-5", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro -Tem assigned No. 3255. 83559 - Moved by Bowers, seconded by Dowie that proof of publication of notice of public hearing to Rezone from "M-1" Light Industrial District to "C -Z" Conditional Zoning --1 acre of land located north of W. Shaulis Road and west of US Highway 63 as published in the Waterloo Courier on January 4, 1983 be received and placed on file. Motion carried. 83560 - Don Temeyer, Plan & Program Director, reported that the proposed construction of storage tanks would require "M-2" Heavy Industrial Zoning. The "C -Z" Conditional Zoning classifiction would allow only the construction as now proposed. HOLD HEARING --This being the time and place of hearing the Mayor Pro -Tem called for written and oral objections. There were none. Moved by Bowers, seconded by Burton that "An ordinance amending Ordinance No. 2479 as amended, Zoning Ordinance by adding Subsection No. 203 to Section 2A-5", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. ORAL PRESENTATIONS 83561 - Mr. Ray Hemmer, 1027 Home Park Blvd., explained that a recent lawsuit envolving a neighbor's containment of dogs beyond the City's Ordinance of a maximum of four (4) had been adjudicated by the courts; however, he requested the Council's action on future enforcement of the Ordinance. John Holmes, City Attorney, reported that his familiarity with the case was limited. He suggested that he and Mr. Hemmer meet soon to further discuss the matter and appraise the Mayor & Council of impending action. PETITIONS FROM PUBLIC 83562 - Councilman Bowers asked if the petition requesting paving in the 300 block of Polk Street had been received. Ralph Anderson, City Engineer, reported that this petition had not yet been received by his office. Moved by Bowers, seconded by Dowie thalt communication from City Engineer transmitting Paving Petitions for the 100 and 200 Blocks of Polk Street be received, placed on file and referred to Community Development for consideration for inclusion in future block grant paving program. Motion carried. --N -114�1 January 17, 1983 Page Three UNFINISHED BUSINESS 83563 - Moved by Wilharm, seconded by Bowers that communication from Chief of Police requesting employment of 6 additional personnel to be utilized as Civilian Dispatchers together with recommendation of approval of the Public Safety Committee be received, placed on file and approved. Ayes: Seven. Motion carried. REPORTS 83564 - Moved by Dowie, seconded by Burton that the Clerk/Auditor's Statement for December, 1982 be received and placed on file. Motion carried. ORDINANCES TO BE ADOPTED 83565 - Moved by Burton, seconded by Bowers That an "Ordinance amending Ordinance No. 2644, known as the Traffic Code, to eliminate references to the Traffic Division of the Police Department, by repealing Section 3 (Subsection 53), 9, 10, 12, 13, 14, 15, 17, 19, 103, 108, 124, 125, 127, and 205; and enacting in lieu thereof new Section 3, (Subsection 53) 10, 14, 15, 103, 108, 124, 125, 127, and 205", be received, filed, considered and passed for the first time. Ayes: Seven. Motion carried. 83566 - Moved by Burton, seconded by Getty that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended, and that above 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. 83567 - Moved by Bowers, seconded by Dowie That an "Ordinance amending Ordinance No. 2644, known as the Traffic Code, to eliminate references to the Traffic Division of the Police Department, by repealing Section 3 (Subsection 53), 9, 10, 12, 13, 14, 15, 17, 19, 103, 108, 1241% 125, 127, and 205; and enacting in lieu thereof new Section 3, (Subsection 53) 10, 14, 15, 103, 108, 124, 125, 127, and 205", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro -Tem assigned No. 3256. 83568 - Moved by Burton, seconded by Wilharm that an "Ordinance providing for the consolidation of the Plan and Program Commission and the Zoning Commission", be received, filed, considered and passed for the third time. Ayes: Seven. Motion carried. 83569 - Moved by Dowie, seconded by Getty that an "Ordinance providing for the consolidation of the Plan and Program Commission and the Zoning Commission", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro -Tem assigned No. 3257. January 17, 1983 BILL -PAYMENTS 83570 - Moved by Dowie, seconded by Bowers Page Four that "Bills -Resolution, Schedule A & B", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1983-16. 83571 - Moved by Burton, seconded by Dowie that "Resolution approving the following statements and Progressive Bills for amounts shown together with recommendation of approval: Proposed Hackett Road By Pass Statement from Twin City Testing and Engineering and Laboratory, Inc., --$6,051.83. Railroad C.rossin Signalization at Linden Avenue Statement from Chicago & North-estern ransportationCo.,, Progressive Bill No. 4--$5,561.72. FY 1983 Orange Grove Trunk Sewer, Intercity Interceptor, Stage 1 tatement from Brice -,—Petrides & Associates, Inc., --$60,743.74", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1983-17. 83572 - Moved by Burton, seconded by Dowie that "Resolution approving the following pay estimate for amount shown together with recommendation of approval: FY 1983 ConwaX Vicinity Parking Ram Pay Estimate No. 3, CardinalConstruction o.,-- e adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro -Tem assigned No. 1983-18. MISCELLANEOUS Attend Functions 83573 - Moved by Wilharm, seconded by Getty that the following requests for permission to attend functions with expenses not to exceed amounts shown, be received, placed on file and approved: Director and 3 Inspectors of Health and Sanitation to attend the 36th Annual Iowa Pest Control Conference, Ames, Iowa, February 3 and 4, 1983 --cost not to exceed $150.00 plus use of city vehicle. Assistant City Engineer to attend Asphalt Paving Conference, Ames, Iowa, January 25, 1983 --cost not to exceed $25.00. Senior Civil Engineer and Technician 1 to attend IDOT Highway Training Seminar, Mason City, Iowa, February 3, 1983, --cost not to exceed $15.00 plus use of city vehicle. Police Captain to attend Manpower Needs Development School, Des Moines, Iowa, February 10 and 11, 1983 --cost not to exceed $50.00 plus use of city vehicle. Motion carried"-, --%, January 17, 1983 Page Five MISCELLANEOUS CONTINUED 83574 - Moved by Wiharm, seconded by Getty 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 Application Class C Agnes L. Fox, Fox's Bar, 715 Sycamore St., (Renewal) (Expires 2/2/84) Beer License Permit Application - Sunday Sales Class C Farmers Butter & Dairy Co-op, 1206 W. Ninth St., (Renewal) (Expires 2/13/84) Farmers Butter & Dairy Co-op, 1460 Ansborough, (Renewal) (Expires 2/13/84) Pester Marketing Company #42, 220 Concrete St., (Renewal) (Expires 3/10/84) Motion carried. 83575 - Moved by Dowie, seconded by Bowers that the report of City Attorney and list of bonds filed with Clerk through January 17, 1983, be received, placed on file and report and bonds approved. Motion carried. 83576 - John Holmes, City Attorney, reported that the meeting in Closed Session for Labor Negotiation strategy session was allowable under the open meeting law. Moved by Penaluna, seconded by Bowers that the Council adjourn to closed session for Labor Negotiation for Strategy Session. Motion carried. CLOSED SESSION 83577 - Moved by Bowers, seconded by Dowie that the closed session be adjourned. Motion carried. 83578 - Moved by Getty, seconded by Burton that the Council adjourn. Motion carried. Larry P. Burger, City Clerk/Auditor