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HomeMy WebLinkAbout02/12/79February 12, 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 February 12, 1979. Mayor Rooff in the Chair. On roll call, Present: Bowers, Burton, Dowie, Getty, Roehr, Wilharm. Absent: Hutchison. Invocation by Councilman'Getty. 75752 - Moved by Roehr, seconded by Wilharm that the Agenda, as proposed, for the Regular Session of February 12, 1979 at 7:00 P.M., be accepted and approved. Motion carried. 75753 - Moved by Burton, seconded by Dowie that the Minutes of the Regular Session held February 5, 1979 at 7:00 P.M., be approved. Motion carried. 75754 - Mayor Rooff informed the Letsch Road -Castle Hill area residents that their problem would be considered on February 19, 1979. Joe Butler asked for a copy of City Attorney's opinion, when available. 75755 - Mayor Rooff welcomed the Sixth Grade Students from Francis Grout School. 75756 - Moved by Dowie, seconded by Burton that proof of publication of notice of proposal to dispose of parts of Lot 2 and Lot 3, Block 12, OPE, behind 229 East Park Avenue, as published in Waterloo Courier on 1/26/79, with City retention of easement, to a developer selected by the Water- loo City Council for bid plus costs, be received and placed on file. Motion carried. 75757 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. The Clerk reported one bid had been received. Moved by Bowers, seconded by Getty that the one bid, together with 10% deposit, be received, placed on file, Clerk instructed to open and read same, which was as follows, and referred to Plan and Program Commission for checking: Bid 10'/o Deposit Perpetual Savings & Loan Association $30,000.00 —53,000.00 Motion carried. 75758 - Moved by Roehr, seconded by Burton that communication from Plan and Program Commission, reporting the City should maintain an access ease- ment over Sally 25' of NEly 100' of Lot 3, except the SWly 10', Block 12, OPE, be received, placed on file and approved. Motion carried. 75759 - The Plan and Program Commission recommended the acceptance of the bid of Perpetual Savings and Loan Association in the amount of $30,000.00 for parts of Lots 2 and 3, Block 12, OPE, behind 229 East Park Avenue. Moved by Wilharm, seconded by Dowie that above recommendation be re- ceived, placed on file and "Resolution accepting the bid of Perpetual Savings and Loan Association in the amount of $30,000.00 approving and authorizing the sale and conveyance of parts of Lots 2 and 3, Block 12, OPE, behind 229 East Park Avenue, as published in Waterloo Courier on 1/26/79, with City's retention of easement, and directing and authoriz- ing the Mayor and Clerk to execute and deliver a deed for said property", adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 26178. 75760 - Moved by Roehr, seconded by Dowie that proof of publication of Notice of Intention to Issue Industrial Development Revenue Bonds (American Buildings Company Project) ($5,000,000), in the City of Waterloo, Iowa, as published in Waterloo Courier on 1/19/79, be received and placed on file. Motion carried. 75761 - The Mayor announced that one purpose of the meeting was to hold a hear- ing on the proposal to issue $5,000,000 aggregate principal amount of the City's Industrial Development Revenue Bonds (American Buildings Company Project) Series 1979, pursuant to the provisions of Chapter 419, Code of Iowa, for the purpose of defraying the cost of acquiring an Industrial Development Project located without said City, consisting of the acquisition of an industrial and manufacturing facility constituting a metal fabricating facility and related equipment (including necessary -2- 75761 - (Continued) expenses incidental thereto), said facility and equipment to be owned by Hawkeye Steel Products, Inc., a Delaware corporation, with the pro- ceeds from the sale of said Bonds being loaned to said corporation, with loan payments sufficient to pay principal of and interest and premium, if any, on such Bonds as the same fall due. The Mayor then asked if there was any person or persons present to express views for or against the proposal to issue said Bonds, notice of said hearing having been published as required by law. Written objections or other comments were filed by NO persons. Oral objections or other comments were made by NO persons. John Sterling, Atty. of Wynne & Jaffe, Dallas, Texas, for American Buildings Co., stated this program would add $400,000 to $600,000 to Waterloo's payroll, capital expenditures would add another $2.2M to the economy, and looking at a figure from $8.2M to $11.2M in the next 15 years, American Building was a citizen of Iowa with two other operations, etc. A discussion followed covering portion of assets to be used for building, equipment, acquisition, etc. Mayor Rooff respectfully requested the hearing be closed and the Mayor and City Attorney authorized to meet with the other attorneys with a report back to the Council. Moved by Burton, seconded by Wilharm that the above request, be received, placed on file, approved, the hearing be, and the same is, hereby closed, and the meeting adjourned to February 19, 1979 at 7:00 P.M. in the Council Chambers in City Hall for consideration of a resolution approv- ing proceeding with the issuance and sale of Industrial Development Revenue Bonds (American Buildings Company Project) Series 1979. Ayes: Six. Absent: Hutchison. Motion carried. 75762 - Moved by Roehr, seconded by Dowie that proof of publication of notice of public hearing for the purpose of considering an application to the Housing and Urban Development Department for 100 units of housing under the Section 8 Existing Housing Program, as published in Waterloo Courier on 1/26 and 2/2/79, be received and placed on file. Motion carried. 75763 - Bill Blair read a written presentation critical of Clair Slick's per- formance on utility allowance schedule and inspections. Clair Slick stated the Public Housing Authority adhered to all regula- tions, it was liaison between the landlord and tenant, and provided the differnce in rent which the tenant could not afford, utility adjust- ments were made as needed every year and a revised schedule would be ready by 6/30/79, and the PHA inspections were more astringent than City's. A discussion followed. Moved by Burton, seconded by Dowie that the above presentation be re- ceived, placed on file and copies made for Councilmen. Motion carried. 75764 - This being the time for hearing, the Mayor called for oral and written objections and there were none. Moved by Dowie, seconded by Bowers that "Resolution confirming the approving and authorizing the Waterloo Chamber of Commerce to submit an application to the Federal Housing Administration for 100 units of H.U.D. Housing for Waterloo, Iowa", be adopted. Ayes: Bowers, Dowie, Getty. Nays: Burton, Roehr, Wilharm. Absent: Hutchison. Resolution not adopted. 75765 - Under Council Action #75725 of 2/5/79, action was deferred on acceptance of a bid for the sale and conveyance of part of Section 4 -89N -13W sub- ject to utility easement and certain stipulations. Moved by Dowie, seconded by Burton that the communication from the Waterloo Water Works Board recommending acceptance of the bid of United Beverage, Inc. in the amount of $25,000 with the stipulations included in the bid proposal, be received, placed on file and "Resolution accept- ing the bid of United Beverage, Inc. in the amount of $25,000.00 with the stipulations included in the bid proposal, approving and authoriz- ing the sale and conveyance of part of Section 4 -89N -13W subject to utility easement and certain stipulations, as published in Waterloo February 12, 1979 -3- 75765 - (Continued) 116IN Courier on 1/19/79, and directing and authorizing the Mayor and Clerk to execute and deliver a deed for said property", adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 26179. 75766 - Bruce Radue of Schenk Engineering Company for Quik Trip Stores requested permission for the existing curb cut at 117 East San Marnan Drive to be used, and the City Engineer voiced his approval. Moved by Getty, seconded by Bowers that request from Schenk Engineering Company for Quik Trip Stores for permission to construct two 30' commer- cial entrances at 117 East San Marnan Drive, as shown on attached sketch, and to use the existing curb cut, and City Engineer's recommendation for approval subject to provisions of his letter, be received, placed on file, recommendations approved and permission granted in accordance therewith. Motion carried. 75767 - Moved by Roehr, seconded by Wilharm that Financial Report of Waterloo Water Works for the year ending December 31, 1978, be received, placed on file and approved. Ayes: Six. Absent: Hutchison. Motion carried. 75768 - Moved by Dowie, seconded by Roehr that Change Order No. M-4 for Water- loo Recreation and Arts Center Addition, for additional work by Young Plumbing and Heating Company at an additional cost of $875000, and Waterloo Recreation Commission's recommendation for approval, be re- ceived, placed on file, approved and Mayor and Clerk authorized to ex- ecute same. Ayes: Six. Absent: Hutchison. Motion carried. 75769 - Moved by Burton, seconded by Dowie that "An Ordinance establishing names for certain public streets within the City of Waterloo, Iowa", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Hutchison. Motion carried. 75770 —Moved by Wilharm, seconded by Roehr that the rules requiring ordinances to be considered and voted on for passage at two prior meetings, be sus- pended, the above ordinances 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. 75771 - Moved by Burton, seconded by Wilharm that "An Ordinance establishing names for certain public streets within the City of Waterloo, Iowa", be adopted. Ayes: Six. Absent: Hutchison. Ordinance adopted and upon approval by Mayor, assigned No. 3010. 75772 - Moved by Bowers, seconded by Getty that "An Ordinance amending Ordinance No. 2479, known as the Zoning Ordinance, by repealing: Definition of "Hotel" under Section 2A-3, Definitions, under Part III; Section :�A-7E, Accessory Buildings, under Part V, General Regulations; Section 2A-12, Heights Regulations, under Part VII, "R-1" Residence District; Section 2A-20, Regulations, under Part X, "R-4" Multiple Residence District; Section 2A-29, Lot Area, Lot Frontage and Yard Requirements, under Part XIII, "C-2" Commercial District; Section 2A-45, Off -Street Parking Area Required, under Part XIX, Parking and Loading Areas, Public Garages, Parking Lots and Filling Stations; and Section 2A-47, Special Provisions, under Part XXI, Special Provisions; and enacting in lieu thereof new: Definition of "Hotel" under Section 2A-3, Definitions, under Part III; Section 2A -7E, Accessory Buildings, under Part V, General Regulations; Section 2A-12, Heights Regulations, under Part VII, "R-1" Residence Dis- trict; Section 2A-20, Regulations, under Part X, "R-4" Multiple Residence District; Section 2A-29, Lot Area, Lot Frontage and Yard Requirements, under Part XIII, "C-2" Commercial District; Section 2A-45, Off -Street Parking Area Required, under Part XIX, Parking and Loading Area, Public Garages, Parking Lots and Filling Stations; and Section 2A-47, Special Provisions, under Part XXI, Special Provisions, and by adding new: Definition of "Motel" to Section 2A-3, Definitions,under Part III; Sub- section 26 to Section 2A-27, Regulations, under Part XIII, "C-2" Commer- cial District; and Subsection 12 to Section 2A-30, Regulations, under Part XIV, "C-3" Commercial District", be received, placed on file, con- sidered and passed for the first time. Ayes: Six. Absent: Hutchison. Motion carried. February 12, 1979 -IN 10-N -4- 75773 - Moved by Dowie, seconded by Burton that "Ordinance vacating the South 3' of the 8' drainage and utility easement along the North lot lines of Lots 1, 5 and 8, Regency Acres", be received, placed on file, con- sidered and passed for the third time. Ayes: Six. Absent: Hutchison. Motion carried. 75774 - Moved by Burton, seconded by Bowers that "Ordinance vacating the South 3' of the 8' drainage and utility easement along the North lot lines of Lots 1, 5 and 8, Regency Acres", be adopted. Ayes: Six. Absent: Hutchison. Ordinance adopted and upon approval by Mayor, assigned No. 3011. 75775 - Moved by Roehr, seconded by Wilharm that "Ordinance vacating a 20' building setback line located within Lots 5, 6, 8 and 9, Regency Acres'; be received, placed on file, considered and passed for third time. Ayes: Six. Absent: Hutchison. Motion carried. 75776 - Moved by Dowie, seconded by Getty that "Ordinance vacating a 20' build- ing setback line located within Lots 5, 6, 8 and 9, Regency Acres", be adopted. Ayes: Six. Absent: Hutchison. Ordinance adopted and upon approval by Mayor, assigned No. 3012. 75777 - Moved by Bowers, seconded by Roehr that communication from Plan and Pro- gram Commission, transmitting request of Robert W. Braun, Atty. for Keller -Apex Investment Company, for re-establishment at 10 feet the set- back line with Lots 5, 8, 6 and 9, Regency Acres, and recommending approval, be received, placed on file, approved and "Resolution re- establishing the setback line at ten (10) feet in Lots 5, 8, 6 and 9, Regency Acres", adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 26180. 75778 - Moved by Bowers, seconded by Wilharm that Ordinance vacating an 8 alley lying north of and adjacent to Lots 1, 2, 3, 4 and 5 of Weishaar's Addition, with City's retention of easement", be received, placed on file, considered and 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. 75779 - Moved by Bowers, seconded by Burton that "Ordinance vacating an 8' alley lying north of and adjacent to Lots 1, 2, 3, 4 and 5 of Weishaar's Addition, with City's retention of easement", be adopted. Ayes: Six. Absent: Hutchison. Ordinance adopted and upon approval by Mayor, assigned No. 3013. 75780 - Moved by Getty, seconded by Bowers that "Resolution authorizing the sale and conveyance of the 8' alley lying north of and adjacent to Lot 1 for $51.20 to Larry L. and Ila J. Owens, the 8' alley lying north of and adjacent to Lot 2 and to Lot 5 for $80.72 to Wayne R. and Dorothy M. Billman, the 8' alley lying north of and adjacent to Lot 1. for $40.00 to Geor e V. Eighmey, and the 8' alley lying north of and adjacent to Lot 4 for 40.00 to John D. and Maxine J. Scharfenberg, all in Weishaar's Addi- tion and plus costs, with City's retention of easement, and directing aid authorizing the Mayor and City Clerk to execute and deliver deeds for . said Property", be adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 26181 75781 - Moved by Bowers, seconded by Roehr that "A resolution autho3`izing the condemnation of a certain parcel of real property for the flood control project", be adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 26182. 75782 - Moved by Getty, seconded by Dowie that "Resolution, Bills, Schedule A", be adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval of Mayor, assigned No. 26183. 75783 - Moved by Getty, seconded by Dowie that "Resolution, Bills, Schedule B", be adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 26184. 75784 - Moved by Roehr, seconded by Bowers that Completion Report and Recommend- ation of Acceptance of Thorson-Brom-Broshar-Snyder Architects, for Waterloo Recreation Arts Center Workshop Wing Addition and Waterloo Recreation Commissions recommendation for final acceptance, be received, February 12, 1979 75784 - (Continued) -5- placed on file and "Resolution approving the Completion Report and Re- commendation of Acceptance of the Waterloo Recreation Center", adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 26185. 75785 - Moved by Bowers, seconded by Burton that communication from Mayor Rooff recommending Fiscal Year 1980 Budget public hearing be set for Thursday, March 1, 1979 at 7:00 P.M. in City Hall in the Council Chambers, be re- ceived, placed on file, and the Council finds that hearing date should be fixed and does hereby set Thursday, March 1, 1979, at 7:00 P.M. in City Hall in the Council Chambers, as the date, time and place for said hearing, and the City Clerk is hereby instructed to publish the Budget Estimate Summary and Notice of Public Hearing. Ayes: Six. Absent: Hutchison. Motion carried. 75786 - Moved by Burton, seconded by Bowers that communication from Electrical Inspector, transmitting various requests and recommendations for in- stallation of street lights at certain locations, and recommending approval, be received, placed on file, approved and "Resolution ordering installation of certain street lights", adopted: 17_5 Watt Mercury Va or I - On lot line of 2018-2022 Coachman Drive 1 - At intersection of Wren Road and Oriole Street 400 Watt White Mercury Vapor 1 - At intersection of East Second Street and Sycamore Street and re- moval of present light. 1 - Midway between East First Street and East Second Street on Sycamore at the alley location. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 26186. 75787 - Councilman Wilharm mentioned a suggestion received for alternate car street parking in the summer time for street sweeping purposes. Mayor Rooff stated the alternate practice for snow removal would continue for the winter, and with Council's permission would like this to remain on voluntary basis. 75788 - Moved by Getty, seconded by Bowers that communication from Waterloo Water Works Board, transmitting their resolution adopted 2/7/79, re stop flow of water and prevent further damage at 1105 Cleveland Avenue, to- gether with statement of cost in the amount of $730.00 and waiver from Viola Marie Klebs, owner, in compliance with City. Ordinance No.1118, be received, placed on file and "Resolution making assessment for stoppage of flow of water and prevention of further damage at 1105 Cleveland Avenue", adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 26187. 75789 - Moved by Roehr, seconded by Getty that following requests for permission to attend functions, with expenses allowed not to exceed amount shown, be received, placed on file and approved: Engineering Technician I to 2 -day course Public Works Inspection, Madison, Wisc., March 18 thru 20, 1979, $160 + use of city car; City Engineer to American Public Works Association Workshop, Denver, Colo February 26 thru 28, 1979, $365.00 Ayes: Six. Absent: Hutchison. Motion carried. 75790 - Moved by Bowers, seconded by Roehr that following applications for taxi- cab driver's permits, be received, placed on file and granted: Robert Bowen, 614 West Eleventh Street Larry D. Gaines, 2306 Crescent Drive Motion carried. 75791 - Moved by Burton, seconded by Getty that report of City Attorney and list of bonds filed with Clerk through 2/12/79 be received, placed on file and report and bonds approved. Motion carried. February 12, 1979 -6- 75792 - Councilman Getty stated he would like the 100 unit housing issue recon- sidered for tabling for one week and asked City Attorney Hultman for the prevailing side on the 3 - 3 vote. City Attorney Hultman stated the negative votes prevailed. A discussion followed. 75793 - Moved by Roehr, seconded by Wilharm that the Council adjourn. Motion not carried. 75794 -- Councilman Getty presented the issue for tabling again and discussed was deadline, need for more information, elderly housing, etc. 75795 - Moved by Getty, seconded by Bowers that the Council adjourn, Motion carried. February 12, 1979 Katherine Gibbs, City Clerk