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HomeMy WebLinkAbout02/13/78February 13, 1978 The Council of City of Waterloo, Iowa, met in Regular Session in Council Chambers in City Hall at 7:00 P.M. on February 13, 1978. Mayor Rooff in the Chair. On roll call, Present: Bowers, Burton, Dowie, Getty, Hutchison, Roehr, Wilharm. Absent: None. Invocation by Councilman Getty. 73596 - Moved by Roehr, seconded by Bowers that the Agenda, as amended, for the Regular Session of February 13, 1978 at 7:00 P.M., be accepted and approved. Motion carried. 73597 - Mayor Rooff announced to a large group of CCI members that the public hearing on paving under the fourth-year block grant program would be in about a month, it was not on tonight's agenda, would not be dealt with tonight, and when a date was set, it would be publicized; that on the approved application to HUD, $735,000 was listed for public works. The CCI members called for a hearing tonight; Councilman Roehr moved that regular order of business be conducted; and Mayor Rooff stated they were welcome to stay. Elizabeth Diestler stated the 1000 block of Riehl Street was not being spoken for by the CCI group. 73598 - Moved by Dowie, seconded by Hutchison that the Minutes of the Regular Session held February 6, 1978 at 7:00 P.M., be approved. Motion carried. 73599 - Moved by Roehr, seconded by Dowie that proof of publication of notice of public hearing on rezoning from "A-1" Agricultural District to "R -4,R -P" Planned Residence District approximately 10 acres in Section 5 -88N -13W, west of West Fourth Street and south of Kingswood Addition, as published in Waterloo Courier on January 27, 1978, upon the request of Edward H. Wilson, upon the recommendation of City Zon- ing Commission and Council's own motion, be received and placed on file. Motion carried. 73600 - This being the time for hearing, the Mayor called for oral and writ- ten objections, and there were none. Moved by Bowers, seconded by Burton that "An Ordinance amending Or- dinance No. 2479, as amended, by adding Sub -Section No. 137 to Sec- tion 2A-5, rezoning certain property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 73601 - Moved by Dowie, seconded by Bowers that the rules requiring ordin- ances to be considered and voted on for passage at two prior meet- ings, 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: Bowers, Burton, Dowie, Getty, Roehr, Wilharm. Nay: Hutchison. Motion carried. 73602 - Moved by Roehr, seconded by Getty that "An Ordinance amending Or- dinance No. 2479, as amended, by adding Sub -Section No. 137 to Section 2A-5, rezoning certain property", be adopted. Ayes: Bowers, Burton, Dowie, Getty, Roehr, Wilharm. Nay: Hutchison. Ordinance adopted and upon approval by Mayor, assigned No. 2942. 73603 - Moved by Dowie, seconded by Hutchison that proof of publication of notice of public hearing on rezoning from "R-3" Multiple Residence District to "C-2" Commercial District the SEly 60' of Lot 10, Block 2, James Virden's Addition, north of Sycamore Street and east of Thompson Avenue, as published in Waterloo Courier on January 27, 1978, upon the request of Community Development Board, upon the recommendation of City Zoning Commission and Council's own motion, be received and placed on file. Motion carried. 73604 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Bowers, seconded by Getty that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 138 to Section 2A-5, rezoning certain property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. - 2 - 73605 - Moved by Roehr, seconded by Dowie that proof of publication of notice of public hearing on proposal to vacate the Ely 1' of existing 8' utility easement on Wly lot line of Lot 51, Southland Park Second Addition, as published in Waterloo Courier on 1/27/78, requested by Gerald Tappan, be received and placed on file. Motion carried. 73606 - This being the time for hearing, the Mayor called for oral and written objections and there were none. Moved by Wilharm, seconded by Hutchison that "An Ordinance vacat- ing the Ely 1' of existing 8' utility easement on Wly lot line of Lot 51, Southland Park Second Addition", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 73607 - Moved by Dowie, seconded by Roehr that the rules requiring ordin- ances to be considered and voted on for passage at two prior meet- ings, 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. 73608 - Moved by Getty, seconded by Hutchison that An Ordinance vacating the Ely 1' of existing 8' utility easement on Wly lot line of Lot 51, Southland Park Second Addition", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2943. 73609 - Moved by Hutchison, seconded by Bowers that proof of publication of notice of public hearing on proposal to vacate the NEly 5' of the 15' easement on part of Lots 17 and 18, Block 8, Blower's Ad- dition, with City retention of remaining 10' of easement, as pub- lished in Waterloo Courier on 1/27/78, requested by George Keith, Atty. for Lena Strubel Stringer, be received and placed on file. Motion carried. 73610 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Bowers, seconded by Burton that "An Ordinance vacating a portion of easement on part of Lots 17 and 18, Block 8, Blower's Addition with City retention of remaining 10' of easement", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 73611 - Moved by Bowers, seconded by Burton that the rules requiring or- dinances to be considered and voted on 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. 73612 - Moved by Bowers, seconded by Hutchison that "An Ordinance vacat- ing a portion of easement on part of Lots 17 and 18, Block 8, Blower's Addition with City retention of remaining 10' of easement" be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2944. 73613 - Moved by Burton, seconded by Bowers that proof of publication of notice of public hearing on site plan for proposed expansion to the Reorganized Church of Jesus Christ of Latter Day Saints on Southwest corner of Rainbow Drive and Letsch Road, upon Plan and Program Commission's recommendation and Council's own motion, as published in Waterloo Courier on 1/27/78, be received and placed on file. Motion carried. 73614 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Burton, seconded by Bowers that "Resolution approving site plan for proposed expansion to Reorganized Church of Jesus Christ of Latter Day Saints on Southwest corner of Rainbow Drive and Letsch Road", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25587. - 3 - 73615 - Moved by Roehr, seconded by Dowie that proof of publication of notice of public hearing on site plan for proposed expansion of Airport Terminal Building at Waterloo Municipal Airport, upon Plan and Program Commission's recommendation and Council's own motion, as published in Waterloo Courier on 1/27/78, be received and placed on file. Motion carried. 73616 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Bowers, seconded by Hutchison that "Resolution approving site plan for proposed expansion of Airport Terminal Building at Waterloo Municipal Airport", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25588. 73617 - In answer to questions, Mayor Rooff stated that tomorrow the City Clerk would have for inspection a copy of the completed applica- tion to HUD. A discussion followed with irate CCI members demand- ing assessment free paving of certain streets. Mayor Rooff re- stated a public hearing would be held before a decision was made on paving and this would be in about a month. One person spoke for each of the following streets and presented petitions. Geneva Hughes for Jackson Street, Marguerite Van Arsdale for Bates Street, Elnora Benjamin for Oneida Street, Mary Martin for Wren Road, Arlene Stocks for Adrian Street, Rodger Buss for Hartman Avenue, Harry Hill for Garden Avenue, Robert Schultz for Sherman Avenue, James Dennis for Robin Road, Earl Lauber for Lark Lane. Ruth Anderson asked what was put in the space on the HUD application for paving and Mayor Rooff answered "four dashes" as City was looking at possible other sources of funding. Moved by Roehr, seconded by Dowie that the above petitions be re- ceived and placed on file. Motion carried. 73618 - Moved by Bowers, seconded by Burton that application dated 2/8/78 from Merged Area (Education) VII, a/k/a Hawkeye Institute of Tech- nology for annexation to the City of Waterloo of real property known as S2 of SE, of Section 14 -88N -13W, be received, placed on file and referred to the Plan and Program Commission. Motion carried. 73619 - Moved by Roehr, seconded by Dowie that communication from Waterloo Chamber of Commerce requesting a date for public hearing be set for Housing Application of Section 8 Existing Housing, be received, placed on file and "Resolution fixing the time and place of hear- ing and notice to be given on application to the Housing and Urban Development Department for 224 units of housing under the Section 8 Existing Housing Assistance Program as March 6, 1978 at 7:00 P.M. in Council Chambers in City Hall and instructing Clerk to publish the notice of hearing", adopted. Ayes: Seven. Resolu- tion adopted and upon approval by Mayor, assigned No. 25589. 73620 - Leon Lauver, Architect, stated there was a definite need for hous- ing for Hawkeye Tech students of about 400 units; the Council has control over R -P zoning; water and sewer are available. Dr. Hawse of Hawkeye Tech said the school did not have authorization by State of Iowa to sell revenue bonds for housing; student housing situ- ation was critical and needed near campus; Board has endorsed housing by private developer. The size of project was reason why Zoning Commission was against approval. Moved by Roehr, seconded by Bowers that request of A. and M. Realty Company for Council on its own motion to rezone from "A-1" Agri- cultural District to "R -3,R -P" Planned Residence District approx- imately 27 acres in Section 23 -88N -13W, located south of East Orange Road and east of Hammond Avenue, and City Zoning Commission's recommendation for denial, be received, placed on file and request denied. Ayes: Bowers, Burton, Dowie, Hutchison, Roehr, Wilharm. Nay: Getty. Motion carried. February 13, 1978 '"1 - 4 - 73621 - Moved by Dowie, seconded by Roehr that Finance Director's Financial Statement for January, 1978, showing Fund Balance 1/1/78 $14,387,807.05, Receipts $2,089,682.07, Bill Payments $977,576.88, Payrolls $731,552.90, Transfers $234,000.94, Commissions 5581,158.31, Fund Balance 1/31/78 $13,953,200.09, be received, placed on file and approved. Motion carried. 73622 - Under Council Action #73466 of 1/16/78 the hearing and consideration of the issuance of $600,000 Industrial Development Revenue Bonds for Pederson Distributing, Inc. was adjourned to this time and place. Moved by Dowie, seconded by Bowers that communication from Jim Mar- tin for Pederson Distributing, Inc, requesting further adjournment of hearing and consideration of the above revenue bond issue, be received, placed on file and this hearing and the consideration of the issuance of bonds be and the same is hereby further adjourned to such time as requested at a later date. Ayes: Bowers, Dowie, Getty, Wilharm. Nay: Burton, Hutchison, Roehr. Motion carried. 73623 - Moved by Burton, seconded by Bowers that Construction Permit No. 78-193-S for Sanitary Sewer Extension for Westbourne Terrace 4th Addition from Iowa Department of Environmental Quality, subject to certain conditions and requirements, be received and placed on file. Motion carried. 73624 - Moved by Dowie, seconded by Hutchison that communication from Community Development Administrator, transmitting a Permanent Ease- ment Agreement dated 1/25/78 from Iowa Public Service Company for Stage V -C of local Flood Protection Project, and recommending ap- proval, be received, placed on file and "A resolution authorizing the execution of a Permanent Easement Agreement with the Iowa Public Service Company of Waterloo, Iowa, in connection with the local Flood Control Project", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25590. 73625 - Moved by Roehr, seconded by Hutchison that communication from Community Development Administrator, transmitting a Temporary Con- struction Easement Agreement dated 1/25/78 from Iowa Public Service Company for Stage V -C of local Flood Protection Project, and recom- mending approval, be received, placed on file and "A resolution authorizing the execution of a Temporary Construction Easement Agreement with the Iowa Public Service Company of Waterloo, Iowa in connection with the local Flood Control Project", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, as- signed No. 25591. 73626 - Moved by Bowers, seconded by Dowie that Change Order No. G-4 for Waterloo Recreation and Arts Center Addition for additional improve- ments by John G. Miller Construction Company, Contractor, at an additional cost of $33,602.00, together with City Engineer's recom- mendation for approval, be received, placed on file, approved and Mayor and Clerk authorized to execute same. Ayes: Seven. Motion carried. 73627 - Moved by Roehr, seconded by Hutchison that Change Order No. 2 for Parking Lot, Bus Transfer Station and Incidentals, Minor Contract No. 96, for additional equipment, Cedar Valley Corporation, Con- tractors, at an additional cost of $500.00, together with City Engineer's recommendation for approval, )e received, placed on file, approved and Mayor and Clerk authorized to execute same. Ayes: Seven. Motion carried. 73628 - Moved by Roehr, seconded by Bowers that Change Order No. 3 for EDA Huntington Road Paving, Contract No. 164, for additional work by Cedar Valley Corporation, Contractors, for an additional cost of $3,826.44, together with Community Development Board's recom- mendation for approval, be received, placed on file and Mayor and Clerk authorized to execute same. Ayes: Seven. Motion carried. 73629 - Moved by Roehr, seconded by Wilharm that "An Ordinance amending Chapter 34, Code of Ordinances, City of Waterloo, Iowa, by re- pealing Subsection (a) (3) of Section 34-53.1, Connection Charges, and enacting new Subsection (a) (3) and adding new Subsection (a) - 5 - 73629 - (Continued) (4) to Section 34-53.1, Connection Charges", be received, placed on file, considered and the rules requiring ordinances to be con- sidered and voted on for passage at two prior meetings, be sus- pended, 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. 73630 - Moved by Wilharm, seconded by Getty that "An Ordinance amending Chapter 34, Code of Ordinances, City of Waterloo, Iowa, by re- pealing Subsection (a) (3) of Section 34-53.1, Connection Charges, and enacting new Subsection (a) (3) and adding new Subsection (a) (4) to Section 34-53.1, Connection Charges", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2945. 73631 - Moved by Burton, seconded by Bowers that "An Ordinance amending Ordinance No. 2644, known as the Traffic Ordinance by adding new Subsection (20) West Second Street and Locust Street to Section 544, Four -Way Stop Intersections", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 73632 - Moved by Bowers, seconded by Getty that the rules requiring or- dinances to be considered and voted on 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. 73633 - Moved by Burton, seconded by Getty that "An Ordinance amending Or- dinance No. 2644, known as the Traffic Ordinance by adding new Subsection (29) West Second Street and Locust Street to Section 544, Four -Way Stop Intersections", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2946. 73634 - City Attorney Smith recommended passage at three separate meet- ings. Moved by Wilharm, seconded by Hutchison that "Ordinance regulating Cable Television", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 73635 - Moved by Hutchison, seconded by Roehr that "Resolution defining certain terms and prohibiting truck traffic on certain streets in the City of Waterloo, Iowa, and providing penalty for the violation of the terms thereof", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25592. 73636 - Moved by Dowie, seconded by Burton that statement for engineer- ing services for Contract No. 189, and City Engineer's recommenda- tion for approval, be received, placed on file and "Resolution accepting the statement dated 1/30/78 from Schenk Engineering Com- pany for engineering services for Triangle Terrace Sanitary Sewer, Contract No. 189, and authorizing payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25593. 73637 - Moved by Getty, seconded by Wilharm that "Resolution, Bills, Schedule A", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25594. 73638 - Dwayne Eilers asked for deletion of payment to William R. Hennes- sey & Son, Inc. until settlement was made for damage to his land and City Attorney Smith suggested he file a claim. Moved by Getty, seconded by Wilharm that "Resolution, Bills, Schedule B", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25595. 73639 - Moved by Roehr, seconded by Burton that communication from Mayor Rooff, submitting for Council approval the appointment of Council- man Sally Hutchison to the Electrical Board, be received, placed 73639 - (Continued) on file and approved. Motion carried. 73640 - Moved by Roehr, seconded by Getty that communication from Mayor Rooff, submitting for Council approval the appointment of Council- man James E. Burton to the Heating Board, be received, placed on file and approved. Motion carried. 73641 - Moved by Dowie, seconded by Burton that communication from Mayor Rooff, submitting for Council approval the reappointment of Carl A. Eicher to Board of Adjustment with term to expire December 8, 1984, be received, placed on file and approved. Motion carried. 73642 - Moved by Getty, seconded by Hutchison that the following requests for permission to attend functions, with expenses not to exceed amounts shown, be received, placed on file and approved: City Engineer and three personnel to 14th Annual Iowa Concrete Paving Association Workshop, Des Moines, Iowa, February 21 thru 23, 1978, $500 plus use of city car; City Engineer and Supt. of Sewers to Flood Coordination Seminar, Rock Island, Illinois, March 1, 1978, $8.00 plus use of city car. Ayes: Seven. Motion carried. 73643 - Councilman Getty asked that Quintin Parker check the 25 mph zone on Donald Street from Highway 20 to Logan Avenue and Councilman Roehr stated the East Ridgeway 25 mph zone should be raised. 73644 - Moved by Bowers, seconded by Roehr that the following applications for Beer Permits be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Depart- ment: Beer Permits Crass C Iva J. Carrier dba Hartman's Gas & Grocery, 2243 Independence Avenue Dunn's Inc. dba Dunn's Super Value, 1975 Franklin Street Chieftain Oil Co. of Iowa, Inc., 217 Washington Street Sunday Sales - Beer Permits - Class C Iva J. Carrier dba Hartman's Gas & Grocery, 2243 Independence Avenue Chieftain Oil Co. of Iowa, Inc., 217 Washington Street Dunn's Inc. dba Dunn's Super Valu, 1975 Franklin Street Motion carried. 73645 - Moved by Roehr, seconded by Getty that application and fee from Metropolitan Patient Transfer, Inc., 4304 Rownd Street, Cedar Falls, for one Ambulance License, be received, placed on file and granted. Motion carried. 73646 - Moved by Getty, seconded by Hutchison that following applications for permission to sell cigarettes, be received, placed on file and granted: Daisy Maid, 1055 Longfellow Street Stella Derifield dba Carl's Place, 2341 Falls Avenue Iva J. Carrier dba Hartman's Gas & Grocery, 2243 Independence Avenue Kay's Oasis, Inc., 708 Jefferson Street Motion carried. 73647 - Moved by Burton, seconded by Bowers that report of City Attorney and list of bonds filed with Clerk through 2/13/78, be received, placed on file and report and bonds approved. Motion carried. 73648 - Mayor Rooff stated neither he nor the Council would be intimidated by the many derogatory signs carried into the Council Chambers by the CCI s. He reported certain papers had been stolen from the Community Development office and found in the possession of Father Fagan. City Attorney Smith said this had been turned over to the County Attorney for prosecution. 73649 - Moved by Roehr, seconded by Wilharm that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk