Loading...
HomeMy WebLinkAbout11/01/82November 1, 1982 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 November 1, 1982. Mayor Rooff in the Chair: Roll Call: Wilharm, Roehr, Penaluna, Getty, Bowers, Burton and Dowie. Invocation by Bowers 83277 - Moved by Roehr, seconded by Dowie that the Agenda, as amended, for the Regular Session of November 1, 1982, at 7:00 P.M., be accepted and approved. Motion carried. 83278 - Moved by Burton, seconded by Bowers that the Minutes of the Regular Session held October 25, 1982 at 7:00 p.m. be approved. Motion carried. PUBLIC HEARINGS .83279 - Moved by Roehr, seconded by Dowie that Proof of Publication of notice of public hearing on request of Larry Bedard to rezone from "R-2" One & Two Family Residence District to "C-1" Commercial District a parcel of land located at the intersection of Linden Avenue and Franklin Street as published in the Waterloo Courier on October 14, 1982 be received and placed on file. Motion carried. 83280 - HOLD HEARING --This being the time and place for public hearing the Mayor called for written and oral objections. Moved by Penaluna, seconded by Getty that petitions received in support of said proposal be received and placed on file. Motion carried. 83281 - Moved by Bowers, seconded by Penaluna that petitions received against said proposal be received and placed on file. Motion carried. 83282 - Larry Bedard applicant of said request, spoke on behalf of the request. He explained that the use could be a hardware store or drug store and would benefit the area. Don Temeyer, Plan & Program Director, explained the Zoning Commission and staff's recommendation for denial. Erma Grossman, 204 Linden, spoke against the request and stated that any use allowed in a "C-1" Commercial District could be constructed, regardless of Mr. Bedard's current plans for development. "1 November 1, 1982 PETITIONS FROM PUBLIC 83288 - Moved by Bowers, seconded by Burton Page Three that communication from City Engineer transmitting request of Trinity Baptist Church, 3040 Hammond Avenue, for temporary asphalt driveway, irrespective of latter official grade together with recommendation of approval be received, placed on file and "Resolution authorizing the construction of a temporary asphalt driveway at 3040 Hammond Avenue irrespective of latter official grade", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-490. 83289 - Bob Braun, representative for HIT, stated that the Council's review was necessary because the building would be occupied by an educational institution. The Council would be reviewing the parking requirements. Moved by Burton, seconded by Roehr that communication from Plan & Program Commission transmitting special permit request of Hawkeye Institute of Technology to occupy the building at 844 W. 4th Street together with recommendation of approval be received, placed on file and "Resolution setting the date of hearing as November 15, 1982 at 7:00 p.m. in the City Hall Council Chambers on proposal to grant a special permit as described above", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-491. 83290 - Bob Braun, representative for the Mosier Law Building, stated the amendment was necessary as two (2) less parking spaces than the ordinance requires is being proposed. Moved by Penaluna, seconded by Bowers that communication from Plan & Program Commission transmitting request of Mosier Law Building at 3151 Brockway Road for minor site plan amendment, together with Plan & Program Commission's recommendation of approval be received, placed on file and approved. Motion carried. 83291 - Moved by Dowie, seconded by Burton that communication from Plan & Program Commission transmitting application for partial tax exemption for property at 306 Bates as allowed by the Urban Revitalization Plan of the City of Waterloo together with recommendation of approval be received, placed on file and "Resolution approving the partial tax exemption for 306 Bates Street", be adopted and Clerk/Auditor instructed to forward said application to the City Assessor for final determination as to eligibility. Ayes: Six. Nayes: Wilharm. Resolution adopted and upon approval by Mayor assigned No. 1982-492. OWN November 1, 1982 REPORTS CONTINUED 83298 - Moved by Wilharm, seconded by Bowers Page Five that the FY 1982 Annual Report of the Waterloo Plan & Program Commission and Zoning Commission be received and placed on file. Motion carried. 83299 - Moved by Penaluna, seconded by Bowers that communication from the Evaluation and Reorganization Committee and Mayor Rooff recommending that certain city officials attend a Management Training Seminar be received, placed on file and approved. Motion carried. DOCUMENTS 83300 - Moved by Bowers, seconded by Burton communication from City Engineer transmitting Change Order No. 1 for the FY 1982 NHS Oneida Street Paving Program No. 2, Contract No. 231 for an increase in contract of $1,015.75 together with recommendation of approval be received, placed on file, approved and Mayor and Clerk/Auditor instructed to execute same. Motion carried. RESOLUTIONS TO BE ADOPTED 83301 - Moved by Burton, seconded by Roehr that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, for Certification of Close -Out for the Section 23 Leased Housing Program IA -50- 1 & 2", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-495. 83302 - Moved by Dowie, seconded by Wilharm that "Resolution accepting and approving a certain offer for a permanent easement to the city and accepting and approving a certain permanent easement agreement from Willie & Ruby Jones in conjunction with the Maywood Drainage Project," be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-496. 83303 - Moved by Dowie, seconded by Wilharm that "Resolution accepting and approving a certain offer for a permanent easement to the city and accepting and approving a certain permanent easement agreement from Hugh & Lois Saul in conjunction with the Maywood Drainage Project," be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-497. 83304 - Moved by Dowie, seconded by Wilharm that "Resolution accepting and approving a certain offer for a permanent easement to the City and accepting and approving a certain permanent easement agreement from James & Patricia Mangrich in conjunction with the Maywood Drainage Project," be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-498. , 1 '-N November 1, 1982 NEW BUSINESS 83310 - Moved by Bowers, seconded by Burton Page Seven that communication from Street Department transmitting the resignation of Mr. Michael Allen effective October 28, 1982 and recommendation for payment of accumulated sick leave and vacation pay in the amount of $1,074.15 be received, placed on file and "Resolution approving payment to Mr. Michael Allen in the amount of $1,074.15 for accumulated sick and vacation pay", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-503. 83311 - Moved by Getty, seconded by Bowers that the following requests for permission to attend functions with expenses allowed not to exceed amounts shown, be received, placed on file and approved: Building Official, Assistant, & Permit Writer to attend a Workshop on revisions to Building Code, Des Moines, Iowa, November 18, 1982--$20.00, plus use of,city vehicle. Police Lieutenant to attend Management of the Police Training Program School, Reno, Nevada, December 5 - 12, 1982--$1,275.00. Police Captain to attend International Association of Identification Officers Conference, November 4-5, 1982, Iowa City, Iowa, $50.00 plus use of city vehicle. Motion carried. MISCELLANEOUS 83312 - Moved by Bowers, 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 License Permit Applications - also Sunday Sales MOTT. ChekerImperial Oil Company of Iowa dba Cheker Oil Co., #697, 923 Washington, (Renewal) (Expires 10/20/83) Cheker-Imperial Oil Company of Iowa dba Cheker Oil Co., #698, 1224 Franklin.Street, (Renewal) (Expires 10/20/83) Cheker-Imperial Oil Company of Iowa dba Cheker Oil Co., #892, 2900 Falls Avenue, (Renewal) (Expires 10/20/83) Osco Drug, Inc dba Osco Drug Store, 3727 W. University, (New) (Expires 11/1/83) Beer & Liquor License Permit Applications - also Sunday Sales Class Electric Park Ballroom, Conger & Rainbow, (Renewal) (Expires 11/2/82) The Supervisors Club, Inc., 3265 DeWitt Road, (Renewa) (Epxires 11/2/83) Motion carried. November 1, 1982 HEARINGS CONTINUED Page Two Glen Pietan, 1803 Franklin, questioned what would happen to surrounding property values if the rezoning was approved. Elizabeth Hanisch, 424 Linden Avenue stated that the proposed rezoning could increase vandalism and noise. She also stated that increased traffic would be dangerous for the neighborhood's many children. Helen Grossman, 418 Linden, opposed the rezoning. Moved by Bowers, seconded by Dowie that the above remarks be received and placed on file. Motion carried. 83283 - Moved by Bowers, seconded by Burton that "an Ordinance, amending Ordinance No. 2479, as amended Zoning Ordinance, by adding Sub -Section No. 202 to Section 2A-5", be denied. Ayes: Seven. Motion carried. 83284 - Moved by Roehr, seconded by Dowie that proof of publication of notice of public hearing of special permit for expansion of Pat's Auto Salvage Yard located at the intersection of Mitchell Avenue and Lowell Avenue as published in the Waterloo Courier on October 22, 1982, be received and placed on file. Motion carried. 83285 - Moved by Dowie, seconded by Roehr that the recommendation of approval of the Plan & Program Commission be received and placed on file. Motion carried. 83286 - HOLD HEARING --This being the time and place of hearing, the Mayor called for written and oral objections and there were none. Moved by Burton, seconded by Bowers that "Resolution approving the special permit for expansion to Pat's Auto Salvage at the intersection of Mitchell Avenue and Lowell Avenue", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-488. ORAL PRESENTATIONS 83287 - Mayor Rooff reported that the Council would set a date of hearing as promised at the time the Fire Station No. 2 was closed. Moved by Getty, seconded by Wilharm that communication from Fire Department requesting that public hearing be established in regard to closing of Fire Station No. 2 be received, placed on file, and "Resolution setting date of hearing as November 15, 1982 at 7:00 p.m. in the City Hall Council Chambers on above described proposal", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-489. November 1, 1982 Page Four PETITIONS FROM PUBLIC CONTINUED 83292 - Moved by Dowie, seconded by Burton that communication from Plan & Program Commission transmitting application for partial tax exemption for property at 1027 Mobile as allowed by Urban Revitalization Plan of the City of Waterloo together with recommendation of approval be received, placed on file and "Resolution approving the partial tax exemption for 1027 Mobile Street", be adopted and Clerk/Auditor instructed to forward said application to the City Assessor for final determination as to eligibility. Ayes: Six. Nayes: Wilharm. Resolution adopted and upon approval by Mayor assigned No. 1982-493. 83293 - Moved by Roehr, seconded by Penaluna that communication from Plan & Program Commission transmitting an offer to buy from the City of Waterloo to William and Sharon Moran generally located in Riverview Addition for $4,000 together with recommendation of approval be received, placed on file and "Resolution setting date of hearing as November 22, 1982 at 7:00 p.m. in the City Hall Council Chambers on the above described proposal", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-494. 83294 - Moved by Bowers, seconded by Burton that request of Prairie Construction to close certain streets in conjunction with the Department of Correctional Services Residential Facility generally located at E. 6th & Lafayette Streets together with City Engineer's recommendation of approval be received, placed on file and approved. Motion carried. UNFINISHED BUSINESS 83295 - Moved by Wilharm, seconded by Roehr that communication from Civil Service Commission Transmitting Certification List for persons eligible for appointment to the position of Para -Medic Supervisor in the Waterloo Fire Department, be received, placed on file, and approved. Motion carried. 83296 - Moved by Roehr, seconded by Bowers that the 1982 Holiday Garbage Schedule as recommended by the Street Department be received, placed on file and approved. Ayes: Five. Nayes: Getty & Penaluna. Motion carried. REPORTS 83297 - Mayor Rooff stated that the Parking Fine Schedule would be reviewed, as well as other aspects of the report. Moved by Wilharm, seconded by Bowers that the Waterloo Parking Facility Study prepared by DeLeuw, Cather & Company, be received and placed on file. Motion carried. November 1, 1982 Page Six RESOLUTIONS TO BE ADOPTED CONTINUED 83305 - Moved by Dowie, seconded by Wilharm that "Resolution accepting and approving a certain offer for a permanent easement to the city and accepting and approving a certain permanent easement agreement from Edward Murphy in conjunction with the Maywood Drainage Project," be adopted. Ayes: Seven Resolution adopted and upon approval by Mayor assigned No. 1982-499. Greg Smith introduced Troop B. 83306 - Moved by Wilharm, seconded by Bowers that "Resolution authorizing the execution of a memorandum of agreement by and between the City of Waterloo and Bertch Cabinet Mfg. Inc., regarding the issuance of not to exceed $500,000 Industrial Revenue Bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-500. 83307 - Moved by Wilharm, seconded by Bowers that "Resolution fixing date of hearing on proposed issuance of not to exceed $500,000 Industrial Revenue Bonds to Bertch Cabinet Mfg., as November 22, 1982 at 7:00 p.m. City Hall Council Chambers", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-501. ORDINANCES TO BE ADOPTED 83308 - Moved by Penaluna, seconded by Getty that "an ordinance amending Ordinance No. 2644, known as the Traffic Code, by adding Sub -section (8) Burton Avenue and West Donald to Section 544, Four -Way stop intersections," be received, placed on file, passed and considered for the first time. Ayes: Penaluna, Getty, Bowers, Dowie. Nayes: Wilharm, Roehr, & Burton. Motion carried. Discussion was heard on reconsidering an issue and the legal requirements for bringing it back to the table for discussion. City Attorney Holmes reported that in a tie situation (as was the case under CR 83248 of 10-18-82) any councilman may bring the issue back to the table for discussion. A "prevailing side" does not exist. BILLS -PAYMENTS 83309 - Moved by Roehr, seconded by Bowers that communication from Plan & Program Director recommending that payment be made to various property owners for damages incurred to trees, bushes and shrubs in conjunction with the Orange Trunk Sewer Project, Stage I, Contract No. 247 be received, placed on file and "Resolution authorizing payment to the following property owners in the amounts as indicated: David E. & Verona M. Hundley, $363.00, Carl A. Beckman, $450.00, Stephan James and Daissy Y. Tillapaugh, $30.00, and K and S Properties, $50.00," be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-502. '*.-1 r November 1, 1982 MISCELLANEOUS CONTINUED 83313 - Moved by Burton, seconded by Dowie Page Eight that the following application for Ambulance Driver Attendant and Going Out of Business License, respectively be received, placed on file, and approved: Gil Alan Schultz, West 20th Street Munzenrieder Corporation, dba United Furniture Sales, 2224 La Porte. Motion carried. BONDS 83314 - Moved by Bowers, seconded by Getty that the report of City Attorney and list of bonds filed with Clerk through November 1, 1982, be received, placed on file and report and bonds approved. Motion carried. ADJOURNMENT 83315 - Moved by Roehr, seconded by Dowie that the Council adjourn Motion carried. Larry P. Burger City Clerk/Auditor r