HomeMy WebLinkAbout09/14/81September 14, 1981
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 September 14, 1981. Mayor Rooff in the Chair. On
Roll Call: Present: Getty, Penaluna, Roehr, Wilharm, Bowers, Burton, Dowie. Invocation by
Councilman Getty.
81083 - Moved by Roehr, seconded by Wilharm
that the Agenda, as amended, for the Regular Session of September 14, 1981, at 7:00
P.M., be accepted and approved. Motion carried.
81084 - Moved by Wilharm, seconded by Bowers
that the minutes, as amended, of the Regular Session held September 8, 1981 at 7:00
P.M. be approved. Motion carried.
HEARINGS & BIDS
181085 - Moved by Dowie, seconded by Burton
that proof of publication of notice of public hearing on plans, specifications, etc.
for the F.Y. 1981 Paving Program No. 2, Contract No. 219, as published in the Waterloo
Courier on September 4, 1981 be received and placed on file. Motion carried.
81086 - HOLD HEARING - This being the time and place of hearing, the Mayor called for written
and oral objections.
Moved by Bowers, seconded by Roehr to receive and place on file the recommendation of
the City Engineer. Motion carried.
81087 - Moved by Roehr, seconded by Dowie
to receive and place on file all written objections from area residents to the F.Y.
1981 Paving Program No. 2, Contract No. 219, totaling 70% objections. Motion carried.
81088 - A property owner inquired about the proposed improvements on Mary Ellen Drive. It was
stated that only curb and gutter were being proposed for this section.
The Mayor indicated that the City's share of the paving project would be $200,000.
One property owner expressed that a seal coat was not adequate for the streets and
that a more permanent surfacing was needed.
Vern Frost, 4768 Winghaven Drive, spoke in favor of the project.
Ron Bowers, 4750 Williams Drive, inquired about the water service line. He was told
that only six (6) property owners will be required to install new services.
Based on a hand vote, the majority of the property owners present indicated that even
if the bids came in lower than the Engineer's estimate, the assessments would not be
low enough for them to want the pavement.
The Mayor indicated that the assessment included the construction of a driveway
approach and sidewalk section for each property.
Moved by Roehr, seconded by Burton
that "Resolution sustaining objections", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1981-456.
81089 - Moved by Roehr, seconded by Dowie
that "Resolution adopting Resolution of Necessity, as amended", be adopted,
project be abolished and instruct the Clerk to return the bids. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1981-457.
September 14, 1981 Page 2
81089 - Continued.
The Mayor declared that the F.Y. 1981 Paving Program No. 2, Contract No. 219 would not
be constructed. He stated that the City will do its best to maintain the existing
street surfaces, but that the residents should not expect the streets to be of a
permanent nature.
HEARINGS
81090 - Moved by Burton, seconded by Bowers
that proof of publication of Notice of Intention to Issue Industrial Development
Revenue Bonds (Parrott & Wood Project) not to exceed $300,000 in the City of Waterloo,
Iowa, as published in the Waterloo Courier on August 28, 1981, be received and placed
on file. Motion carried.
81091 - HOLD HEARING - This being the time and place to hold hearing the Mayor called for
written and oral objections. The Clerk reported no written objections on file.
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 the
following:
Councilman Roehr asked if the company seeking financing through the City was other than
a local company.
Bud Waychoff, company representative, said it would increase the City's tax base and
would add employment. He said whether or not it was a local or national concern
should have little bearing on the bond issuance.
Councilman Roehr stated that he desired to have additional time to review various
questions relating to the company's financial status.
After ample opportunity had been given to all persons who appeared at the hearing to
express their views for or against the proposal to issue the bonds, Council Member
Roehr proposed the following resolution and moved its adoption. Council Member
Penaluna seconded the motion and "Resolution determining to proceed with the issuance
and sale of not to exceed $300,000 in aggregate principal Industrial Development
Revenue Bonds (Parrott & Wood Project) of the City of Waterloo", be delayed for two
weeks. Ayes: Seven. Motion carried.
81092 - Moved by Dowie, seconded by Bowers
that proof of publication of notice of public hearing on proposed expansion of
Chase Auto Salvage Yard as published in the Waterloo Courier on August 28, 1981 be
received and placed on file. Motion carried.
81093 - HOLD HEARING - This being the time and place of hearing the Mayor called for written
and oral objections.
Moved by Burton, seconded by Roehr to receive and place on file written objections
signed by area residents. Motion carried.
81094 - Gary Wendel, representative of Chase Auto Company, stated that their intentions are to
locate the offices to the proposed expansion area. (Their move is due to the
relocation efforts by the City for all parties leasing in the flood plain areas of
Riverview.) The yard will be enclosed with an eight (8) foot high fence. He presented
a petition signed by area residents in favor of the request.
Moved by Roehr, seconded by Dowie to receive and place on file the above comments and
petition. Motion carried.
Dave Hershburger spoke in favor of the expansion of Chase Auto.
September 14, 1981 Page 3
81095 - Moved by Wilharm, seconded by Bowers
that "Resolution approving special permit for Chase Auto Salvage Yard for Lots 1-14,
Block 111, Riverview Addition", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1981-458.
81096 - Moved by Roehr, seconded by Penaluna
that proof of publication of notice of public hearing on proposed expansion of
Wilbur's Auto Salvage Yard as published in the Waterloo Courier on August 28, 1981 be
received and placed on file. Motion carried.
81097 - HOLD HEARING - This being the time and place to hold hearing the Mayor called for
written and oral objections and there were none.
Don Temeyer, Plan and Program Department, reported that the Planning Commission had
recommended that a setback line of 25' be established along Sheffield Avenue to conform
to the setback of adjacent residential properties. An eight (8) foot fence is
currently existing around the expanded property and will be required to be maintained.
Jim Wilber spoke in favor of the special permit.
Councilman Getty stated that since the same request had been denied recently and that
the neighbors still objected, the request should be denied.
Mrs. Darlene McAhren, 1245 Sheffield Avenue spoke against the request due to the
decrease in property values that could be expected as a result of the auto salvage
operation.
Mike Pedersen, Attorney representing area residents, stated that the neighbors wish to
maintain the residential character of the area. He suggested that access on Sheffield
Avenue be limited. However, the owners stated that its use would be limited to
emergency vehicles.
Gary Iversen, Attorney for Wilber's Auto Salvage, stated that they properly maintain
their operation and that the expansion should be approved.
Les Schmidt, 1263 Sheffield Avenue, spoke against the request. He was displeased with
the perimeter upkeep of their operation.
Moved by Bowers, seconded by Wilharm
that "Resolution approving special permit for Wilbur's Auto Salvage Yard for Lots
22-27, Block 114, Riverview Addition", be adopted. Ayes: Roehr, Wilharm, Bowers,
Dowie. Nays: Getty, Penaluna, Burton.
Resolution adopted and upon approval by Mayor assigned No. 1981-459.
81098 - Moved by Roehr, seconded by Bowers
that proof of publication of notice of public hearing to rezone property generally
located north of Howard Avenue and west of U. S. Highway 218 as published in the
Waterloo Courier on August 28, 1981, be received and placed on file. Motion carried.
81099 - HOLD HEARING - This being the time and place of hearing the Mayor called for written
and oral objections.
Moved by Bowers, seconded by Dowie to receive and place on file petitions of support
from area residents. Motion carried.
September 14, 1981 Page 4
81100 - Moved by Dowie, seconded by Bowers
to receive and place on file the recommendation of the Zoning Commission. Motion
carried.
81101 - HOLD HEARING - This being the time and place to hold hearing the Mayor called for
written and oral objections and there were none.
Larry Reisinger, resident spokesman, stated that the neighbors had withdrawn their
objection to the rezoning by LeRoy Rousselow. They felt that significant traffic would
not be generated and that the hours of the business would be normal business hours
(9-5).
Moved by Bowers, seconded by Burton
that "an Ordinance amending Ordinance No. 2479, as amended, by adding Subsection No.
191, Rezoning Certain Property to Section 2A-5", be received, placed on file and passed
for the first time. Ayes: Seven. Motion carried.
81102 - Due to the tight time schedule of Iowa Department of Transportation in relocating their
business for I-380, Mr. Rousselow asked that the Council act as quickly as possible.
Moved by Bowers, seconded by Dowie
that the rules requiring ordinances to be considered and voted 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. Motion
carried.
81103 - Moved by Bowers, seconded by Burton
that "an Ordinance amending Ordinance No. 2479, as amended, by adding Subsection No.
191, Rezoning Certain Property to Section 2A-5", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor, assigned No. 3161.
81104 - Moved by Roehr, seconded by Getty
that proof of publication of notice of public hearing to rezone property located
between W. llth and West 18th Streets and north of Black Hawk Street as published in
the Waterloo Courier on August 28, 1981, be received and placed on file. Motion
carried.
81105 - HOLD HEARING - This being the time and place of hearing, the Mayor called for written
and oral objections.
Moved by Roehr, seconded by Dowie to receive and place on file letter of objection from
Val Martin, 1400 Black Hawk Street. Motion carried.
81106 - Moved by Bowers, seconded by Dowie
to receive and place on file the recommendation of the Zoning Commission. Motion
carried.
81107 - Don Temeyer, Plan and Program Director, stated that the request was forwarded by the
Zoning Commission and had stemmed from a request of a property owner to be rezoned to
allow a warehousing operation. The property is located within a "U-1" Unclassified
District.
September 14, 1981
81107 Continued.
Page 5
Merle Martin spoke against the request. He did not want uses associated with an "M-1"'
Light Industrial District locating in the area.
Moved by Burton, seconded by Bowers
that "an Ordinance amending Ordinance No. 2479, as amended, by adding Subsection No
192, Rezoning Certain Property to Section 2A-5", be received, placed on file and
referred to the Zoning Commission for additional consideration in light of the
Council's discussion. Motion carried.
ORAL PRESENTATIONS
81107 Continued.
Mayor Rooff reported that progress is being made towards the cut-off of Ridgeway avenue
onto U.S. Highway 218 to alleviate traffic problems in the Wisconsin, Howard, Plymouth
Street areas.
81108 Moved by Burton, seconded by Roehr
that a truck embargo on Locke, Howard and Plymouth from LaPorte Road to Oregon be
received, placed on file and referred to City Attorney for review of the matter.
Motion carried.
81109 - Earl Cressley, 830 Belle, asked about the progress of the Cedar Terrace area paving.
He was told that since the Klingaman Knoll paving project had been eliminated (See C.R.
81089 of 9/14/81), money may be available for work to commence.
Councilman Burton referred to a sign that has been erected in public right-of-way in
the 600 block of Baltimore. Curt Parsons, Building Official, stated that a permit had
been taken out for the site; however, at a location across the street.
It was moved by Burton, seconded by Bowers
to grant permission to erect the sign at 600 Baltimore, to require a hold harmless
agreement to be submitted to the City, and to raise it to the proper height. Motion
carried.
81110 - Mike Weber, 805 Walnut, asked that the situation at 807 Walnut be investigated due to
the existence of weeds and the unsightly condition of the house.
Wendell McHenry, owner of said property, stated that he is attempting to remedy the
situation and dealing with the Department of Social Services for possible sale.
81111 - A petition was presented requesting a pedestrian crosswalk of the intersections of W.
4th Street and Baltimore and W. 5th Street & Baltimore.
It was moved by Burton, seconded by'Dowie
to receive and place on file the above petition and refer to the Electrical Department
for a report back. Motion carried.
PETITIONS FROM PUBLIC
81112 - Moved by Wilharm, seconded by Getty
that request of Charles C. French for permission to construct a temporary asphalt
driveway at 5341 Foulk Road, without regard to sidewalk grade together with $3.00 for
recordin waiver, and City Engineer's recommendation for approval subject to the
provisions of his letter be received, placed on file, approved and "Resolution granting
permission to Charles C. French and authorizing construction of a temporary asphalt
driveway at 5341 Foulk Road, irrespective of a later official grade", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1981-460.
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81119 - Moved by Dowie, seconded by Burton
Page 7
that communication from City Engineer transmitting Completion Report and Final
Acceptance of Work for the F.Y. 1981 18th Street Bridge Painting and Repairs, Contract
No. 220 be received, placed on file and "Resolution approving the Completion Report and
Final Acceptance of Work for the F.Y. 1981 18th Street Bridge Painting and Repairs,
Contract No. 220", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1981-464.
RESOLUTIONS TO BE ADOPTED
81120 - Moved by Roehr, seconded by Dowie
that "Resolution authorizing the issuance and sale of $200,000.00 Industrial Revenue
Bond, Series 1981 (Northeast Professional Clinic Project)", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1981-465.
81121 - Moved by Penaluna, seconded by Bowers
that "Resolution requesting the withdrawal of F.A.P. I-380 (Intercity Freeway) Project
from the Federal Interstate System", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1981-467.
BILLS - PAYMENT
81122 - Moved by Dowie, seconded by Roehr
that "Bills, Resolution, Schedules 'A' and 'B'", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1981-466.
81123 - Moved by Roehr, seconded by Bowers
that "Resolution authorizing the payment of the following pay estimates for work
completed by contracts and amounts indicated together with recommendation for
approval:
Pay Estimate No. 2 - West Ridgeway Avenue Paving Project,
Federal Project No. M-6500(2)--81-07, Contract No. 165,
Irving F. Jensen Company, Inc. -- $43,659.02
Pay Estimate No. 11 - UDAG Project Public Improvements, Phase
I, Section 1, Contract No. 175, Cedar Falis Construction Co.
$11,858.57
Pay Estimate No. 8 - UDAG Project Public Improvements, Phase
I, Section 2, Contract No. 175, Cedar Falls Construction Co.
$7,697.65
Pay Estimate No. 13 - UDAG Project Public Improvements, Phase
I, Section 3, Contract No. 175, See Electric, Inc. -- $537.84
Pay Estimate No. 5 - UDAG Project Public Improvements, Phase II,
Section 1, Contract No. 178, Cedar Falis Construction Co. -- $91,627.26
Pay Estimate No. 6 - UDAG Project Public Improvements, Phase II,
Section 2, Contract No. 178, Cedar Valley Corporation -- $88,489.02
Pay Estimate No. 8 - UDAG Project Public Improvements, Phase II,
Section 3, Contract No. 178, See Electric, Inc. -- $7,193.10
Pay Estimate No. 8 - UDAG Project Public Improvements, Phase II,
Section 4, Contract No. 178, See Electric, Inc. -- $24,940.64
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Page 9
81127 Moved by Roehr, seconded by Dowie that the following requests for permission to attend
functions, with expenses allowed not to exceed amounts shown, be received, placed on
file and approved:
Mayor, Community Development Director and City Councilman
to Washington, D.C. for Interstate Substitution Plan, September
21, 1981
Police Chief to attend Iowa State Policeman's Conference, Ames,
Iowa, October 13-15, 1981 -- $172.00, plus use of City vehicle
Police Chief to attend Governor's Conference on Crime Prevention,
Des Moines, Iowa, October 6 - 7, 1981 -- $130.00, plus use of City
vehicle. Ayes: Seven. Motion carried.
MISCELLANEOUS
81128 Moved by Getty, seconded by Wilharm
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 Applications
Class C
Lawrence C. Seals dba Seals' Cozy Inn, 710 Logan Ave. (Renewal)
Kenneth J. Stedman dba The Other Place - IV, 3251 W. 4th St. (Renewal)
Beer Permit License Applications
Class B
S & M Enterprises, Inc. of Cedar Falls dba Shakey's Pizza Parlor,
106 Brookeridge (Renewal)
Class C
Ware & McDonald Oil Company dba Wareco, 1355 Lafayette (Renewal)
John T. Dunakey dba Sycamore Tap, 710 Sycamore (Renewal)
Pester Marketing Co. dba Pester Derby, 1918 Logan Ave. (Renewal)
Sunday Sales - Beer & Liquor License Permit Applications
Class C
as wrence C. Seals dba Seals' Cozy Inn, 710 Logan Ave. (Renewal)
Kenneth J. Stedman dba The Other Place - IV, 3251,W. 4th St. (Renewal)
Sunday Sales - Beer & Wine Permit Applications
Class C
Best moods of Waterloo dba Mr. Steak, 2936 University Ave. (Renewal)
Sunday Sales - Beer Permit License Applications
Class B
S & M Enterprises, Inc. of Cedar Falls dba Shakey's Pizza Parlor(Renewal)
Class C
Ware McDonald Oil Co. dba Wareco, 1355 Lafayette (Renewal)
Pester Marketing Company dba Pester Derby, 1918 Logan Ave.
Motion carried.
81129 Moved by Burton, seconded by Dowie
that the Council adjourn to meet as Board of Health. Motion carried.
BOARD OF HEALTH
The Council of the City of Waterloo, Iowa, met as the Board of Health in Council
Chambers in City Hall at 9:40 P.M., on September 14, 1981. Mayor Rooff in the Chair.
On Roll Call: Present: Getty, Penaluna, Roehr, Wilharm, Bowers, Burton, Dowie.
Moved by Bowers, seconded by Burton to receive and place on file the F.Y. 1981 Annual
Report on Health & Sanitation. Motion carried.
Moved by Getty, seconded by Dowie that the Board of Health adjourn. Motion carried.
Larry P. Burger
City Clerk