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HomeMy WebLinkAbout03/19/79R A*N AMN March 19, 1979 The Council of City of Waterloo, Iowa, met in Regular Session in Council Cham- bers in the City Hall at 7:00 P.M., on March 19, 1979. Mayor Rooff in the Chair. On roll call: Present: Bowers, Burton, Dowie, Roehr, Wilharm. Absent: Getty, Hutchison. Invocation by'Councilman Bowers. 75928 - Moved by Wilharm, seconded by Bowers that the Agenda, as proposed, for the Regular Session of March 19, 1979 at 7:00 P.M., be accepted and approved. Motion carried. 75929 - Moved by Burton, seconded by Dowie that the Minutes of the Regular Ses- sion held March 12, 1979 at 7:00 P.M., be approved. Motion carried. 75930 - Moved by Dowie, seconded by Roehr that proof of publication of notice of public hearing on rezoning from "A-1" Agricultural District to "R-1" One and Two Family Residence District and "R-3" Multiple Residence Dis- trict approximately 45 acres East of Hoff Road and South of proposed Freeway 520, as published in Waterloo Courier on 3/2/79, upon request of Caras, Inc., upon recommendation of City Zoning Commission and Council's own motion,be received and placed on file. Motion carried. COUNCILMAN GETTY NOW HERE 75931 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Discouraging building south of Hwy. #520 was discussed; this area has sewer and developer will add a supple- mental lift station, which would make the sewer adequate. Moved by Dowie, seconded by Burton that "An Ordinance amending Ordinance No. 2479 as amended.by adding Sub -Section No. 158 to Section 2A-5, re- zoning certain property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Hutchison. Motion carried. 75932 - Moved by Roehr, seconded by Getty that proof of publication of notice of public hearing on rezoning from "A-1" Agricultural District and "R-3" Multiple Residence District to "R-1" One and Two Family Residence Dis- trict, "R-2" One and Two Family Residence District, "R-4" Multiple Resi- dence District, and "C-1" Commercial District real property located West of Kimball Avenue and North of U.S. Highway 412, as published in Waterloo Courier on March 2, 1979, upon the request of Charles W. Granger, upon the recommendation of the City Zoning Commission and on Council's own motion, be received and placed on file. Motion carried. 75933 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Wilharm, seconded by Dowie that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 159 to Section 2A-5, re- zoning certain property", be reci:ived, placed on file, considered and passed for the first time. Ayes: Six. Absent: Hutchison. Motion carried. 75934 - Moved by Dowie, seconded by Burton that proof of publication of notice of public hearing on rezoning from "U-1" Unclassified District and "R-4" Multiple Residence District to "M-1" Light Industrial District approxi- mately 10 acres South of Falls Avenue and East of Black Hawk Creek, as published in Waterloo Courier on March 2, 1979, upon the request of Waterloo City Zoning Commission, upon their recommendation and on Council' own motion, be received and placed on file. Motion carried. 75935 - 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 amending Ordinance No. 2479, as amended, by adding Sub -Section No. 160 to Section 2A-5, re- zoning certain property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Hutchison. Motion carried. 75936 - Moved by Burton, seconded by Getty that the rules requiring ordinances 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: Six. Absent: Hutchison. Motion carried. -2- 75937 - Moved by Bowers, seconded by Dowie that "An Ordinance amending Ordinance No. 2479, as amended,by adding Sub -Section 160 to Section 2A-5, rezoning certain property", be adopted. Ayes: Six. Absent: Hutchison. Ordin- ance adopted and upon approval by Mayor, assigned No. 3015. 75938 - Mayor Rooff welcomed Boy Scout Troop 8 of Kittrell School. 75,939 - Leon Lauver stated last week the developers filed for a maximum of 65 units, which was a reduction from 100, and were under the impression there would be no hearing on 3/12/79 on the rezone request of Donald L. Henderson et al from "R-3" Multiple Residence District and "R-2" One and Two Faimly Residence District to "R-1" One and Two Family Residence District in the Castle Hill area, and asked for the Atty. Edward J. Gallagher, Jr. letter of 2/19/79 for denial of request, given to Mayor and Council Members last week, be filed and considered at the time of taking action. Moved by Bowers, seconded by Dowie that the above mentioned objection, be received and placed on file. Motion carried. 75940 - Councilman Burton reported the Reber and Drexel Avenue residents wanted to be heard next Monday, March 26, 1979, on paving ordered included in a supplemental paving program on 3/5/79. Councilman Roehr stated several people have told him they did not want this paving and he asked that the City Engineer not do any further work on this. Charles Demuth, 801 Reber Avenue, said he found upon polling, that a petition had not been circulated and asked to see the petition. He was informed that it was suggested a petition be taken, and at that time it was decided to include Reber and Drexel Avenues in the supplemental paving program. 75941 - Councilman Dowie brought up paving on Shaulis Road from Hwy. 218 to Hwy. 21, stating comments are being made that the City traded funds last year but that was not correct. Mayor Rooff reported funds were switched be- cause we did not have State approval for Shaulis Road, and Westbourne Road was traded for Shaulis Road; but Brice, Petrides & Associates, Inc., Engineers, would give the City a check list and that Shaulis Road has not been put off, that bond money which had been set up for Shaulis Road has now been replaced with new bond money. 75942 - Moved by Roehr, seconded by Dowie that request from Roger C. Neebel Con- struction, Inc. for permission to construct one 24' commercial curb cut At 2737 St. Francis Drive, as shown on attached plat, and City Engineer's recommendation for approval subject to the provisions of his letter, be received, placed on file, recommendations approved and permission granted in accordance therewith. Motion carried. 75943 - Moved by Burton, seconded by Bowers that minutes of the regular meeting of the Community Development Board held February 13, 1979 at 7:00 P.M., be received, placed on file and approved. Motion carried. FIVE MINUTE RECESS DUE TO FLOOD PROBLEM IN CEDAR RIVER. 75944 - Moved by Roehr, seconded by Wilharm that communication from Personnel Director, transmitting the bargaining agreement between the City of Waterloo and the Waterloo Policemen's Protective Association for contract period of July 1, 1979 thru June 30, 1982, be received, placed on file and "Resolution approving the Agreement with the Waterloo Policemen's Protective Association for contract period July 1, 1979 thru June 30,1982, and authorizing the Mayor to sign and execute same in behalf of the City of Waterloo, Iowa", adopted. Ayes: Six. Absent: Hutchison. Resolution asopted and upon approval by Mayor, assigned No. 26223. 75945 - Moved by Bowers, seconded by Burton that communication from City Attorney transmitting farm lease dated 3/19/79 with Arnold Julius Kass for period of April 1, 1979 thru December 31, 1979, subject to certain stipulationq, for the sum of $11,250, be received, placed on file and "Resolution approving farm lease agreement with Arnold Julius Kass and authorizing execution of same", adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 26224. March 19, 1979 AN 'ON -3- 75946 - Moved by Roehr, seconded by Getty that "Ordinance amending Chapter 16, Garbage and Refuse, of the Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection (a) under Section 16-8, Fee for Service, Penalty for Late Payment; Reimbursement, and enacting in lieu thereof a new Subsection (a) under Section 16-8, Fee for Service, Penalty for Late Payment; Reimbursement", be received, placed on file, considered and passed for the third time. Ayes: Six. Absent: Hutchison. Motion carried. 75947 - Moved by Getty, seconded by Bowers that "Ordinance amending Chapter 16, Garbage and Refuse, of the Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection (a) under Section 16-8, Fee for Service, Penalty for Late Payment; Reimbursement, and enacting in lieu thereof a new Subsection (a) under Section 16-3, Fee for Service, Penalty for Late Payment; Reimbursement", be adopted. Ayes: Six. Absent: Hutchison. Ordinance adopted and upon approval by Mayor, assigned No. 3016. 75948 - Moved by Roehr, seconded by Dowie that "Resolution authorizing the issuance and sale of $1,000,000 Industrial Development Revenue Bonds (Weissman Industries, Inc. Project) Series 1979, of the City of Waterloo, Iowa, to finance certain facilities for use by Weissman Industries, Inc.; the execution and delivery of an Indenture of Trust to secure said bonds; the execution and delivery of a -.-Loan Agreement between said Company and said City providing for the repayment of the loan of the proceeds of said bonds; and related matters", be adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 26225. 75949 - Moved by Dowe, seconded by Roehr that communication from Police Chief, reporting termination of Officer David Englehardt, effective 3/23/79, and entitlement to 12 days vacation pay, be received, placed on file and "Resolution approving payment of $665.28 vacation pay to David Englehardt, Police Department", adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 26226. 75950 - Moved by Burton, seconded by Bowers that communication from City Engineer, reporting resignation of John G. Lavender, Jr. from Engineering Department, effective 3/16/79, and entitlement to 3134 hours sick leave and 12 days vacation pay, be received, placed on file and "Resolution approving pay- ment of $3,376.32 sick leave and vacation pay to John G. Lavender, Jr., Resignee of Engineering Department", adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 26227. 75951 - Moved by Getty, seconded by Roehr that the City Engineer be instructed and authorized to prepare the plans and specifications, form of contract and bond, form of proposal, estimate of cost, etc. for F.Y. 1979 Paving Program No. 1, Contract No. 166. Motion carried. 75952 - Councilman Dowie stated there were some minor problems on Foulk Road, the City Engineer was to contact the residents, and this was not done. Moved by Roehr, seconded by Bowers that "Preliminary resolution for the construction of street improvements in the City of Waterloo, Iowa, (F.Y. 1979 Paving Program No. 1, Contract No. 166), be adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 26228. 75953 - Moved by Bowers, seconded by Burton that "Resolution fixing values of lots for F.Y. 1979 Paving Program No. 1, Contract No. 166", be adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 26229. 75954 - Moved by Dowie, seconded by Wilharm that the City Engineer's preliminary plans, specifications, estimate of cost, plats and schedule of assess- ments, etc. for the construction of F.Y. 1979 Paving Program No. 1, Contract No. 166, be received and placed on file. Motion carried. 75955 - Moved by Wilharm, seconded by Roehr that "Resolution adopting preliminary plat and schedule, estimate of cost and proposed plans and specifications for the construction of the "Waterloo, Iowa, F.Y. 1979 Paving Program No. 1, Contract #166", be adopted. Ayes: Six. Absent: Hutchison. Resolu- tion adopted and upon approval by Mayor, assigned No. 26230. March 19, 1979 AMM -4- 75956 - Moved by Wilharm, seconded by Burton that "(Proposed) Resolution of Necessity for Waterloo, Iowa, F.Y.1979 Paving Program No. 1, Contract No. 166 be adopted and date of hearing set as 4/9/79 at 7:00 P.M. in the Council Chambers in City Hall. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 26231. 75957 - Moved by Bowers, seconded by Dowie that following requests for permission to attend functions, with expenses allowed not to exceed the amounts shown, be received, placed on file and approved: Two Health/Sanitation personnel to Iowa Environmental Health Association Spring Conference, March 28 and 29, 1979, Des Moines, Iowa, $109.00; Mayor and the Community Development & Flood Control Administrator to Public Works Senate and House Subcommittees on Appropriations for Flood Control Washington, D.C., April 1 thru 3, 1979, $759.00. Ayes: Six. Absent: Hutchison. Motion carried. 75958 - Moved by Dowie, seconded by Bowers that following applications for Beer and Liquor Licenses, be received, placed on file, approved and endorsed application forwarded to the Iowa Beer and Liquor Control Department: Beer Liquor License Applications C a;;s C Waw. Abbe dba The Colony Club, 612 Maynard Street Sundav Sales - Beer Liquor License Applications Class C Wanda A. Abbe dba The Colony Club, 612 Maynard Street Motion carried. 75959 - Moved by Burton, seconded by Getty that following application for taxi- cab driver's permits, be received, placed on file and granted: Patricia A. Brustkern, 3325 Doris Lane Teresa Lynn Miller, 2508 S. Union Road, Cedar Falls Motion carried. 75960 - Moved by Roehr, seconded by Bowers that report of City Attorney and list of bonds filed with Clerk through 3/19/79 be received, placed on file and report and bonds approved. Motion carried. 75961 - Moved by Burton, seconded by Roehr that the Council adjourn. Motion carried. Katherine Gibbs, March 19, 1979 City Clerk-