HomeMy WebLinkAbout08/18/80August 18, 1980
The Council of the City of Waterloo, Iowa, met in Regular Session in Council Chambers in the
City Hall at 7:00 P.M., on August 18, 1980. Mayor Rooff in the Chair. On roll call: Present:
Wilharm, Roehr, Penaluna, Getty, Dowie, Burton, Bowers. Absent: None. Invocation by Council-
man Wilharm.
79001 Moved by Roehr, seconded by Dowie that the Agenda, as amended, for the Regular Session
of August 18, 1980, at 7:00 P.M., be accepted and approved. Motion carried.
79002 Moved by Burton, seconded by Bowers that the minutes of the Regular Session held August
11, 1980, at 7:00 P.M., be approved. Motion carried.
79003 Mr. Stan Nygaard presented a plaque to Mayor Rooff and the City of Waterloo on behalf of
the AAA Club of Iowa for the City's record of no fatal pedestrian accidents during the
year of 1979. The Mayor graciously accepted and thanked Mr. Nygaard for the award.
79004 - Moved by Bowers, seconded by Burton that proof of publication of notice of public hearing
on proposal for amendment to Ordinance No. 2479, as amended, Conditional Zoning, for Afro-
American Broadcasting, Inc., as published in the Waterloo Courier on July 31, 1980, be
received and placed on file. Motion carried.
79005 - Hold Hearing - This being the time and place to hold hearing the Mayor called for
written and oral objections. The City Clerk reported that a petition containing 59% of
the property owners within 250 feet favoring the Conditional Zoning is on file in his
office.
Moved by Burton, seconded by Dowie that the petition signed by 59% of the property owners
lying within 250 feet of the request approving the Conditional Zoning be received and
placed on file. Motion carried.
79006 - B.J. Ferguson, a member of the Board of Directors of KBBG and an area resident residing
near the station, spoke in favor of the Conditional Zoning. She expressed her lack of
fear of the tower height.
79007 - Moved by Wilharm, seconded by Bowers that "Ordinance amending Ordinance No. 2479, as
amended, by repealing Sub -Section No. 130 to Section 2A-5 and enacting in lieu thereof
new Sub -Section No. 1 to Section 2A -7-M, Conditional Zoning", be received, placed on file
and passed for the first time. Ayes: Seven. Motion carried.
79008 - Moved by Burton, 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. Ayes: Wilharm, Penaluna, Getty, Dowie, Burton, Bowers. Nays: Roehr.
Motion carried.
79009 - Moved by Bowers, seconded by Burton that "Ordinance amending Ordinance No. 2479, as amend-
ed, by repealing Sub -Section No. 130 to Section 2A-5 and enacting in lieu thereof new
Sub -Section No. 1 to Section 2A -7-M, Conditional Zoning", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor, assigned No. 3098.
79010 - Moved by Burton, seconded by Bowers that proof of publication of notice of public hearing
on site plan for Antioch Baptist Church located at southwest corner of Sumner and Jackson
Streets as published in the Waterloo Courier on July 31, 1980, be received and placed on
file. Motion carried.
79011 - 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 Director, stated that parking spaces are below the require-
ments of the ordinances but that the church had indicated that they were attempting to ac-
quire additional area for parking.
Moved by Bowers, seconded by Penaluna that "Resolution approving site plan for Antioch
Baptist Church located at the southwest corner of Sumner and Jackson Streets', be adopted.
Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. . 2 7I7 '-/-
79012 - Moved by Roehr, seconded by Wilharm that Proof of publication of notice of public hearing
on site plan for Midas Muffler Shop located across from Crossroads Shopping Center as pub-
lished in the Waterloo Courier on July 31, 1980, be received and placed on file. Motion
carried.
79013 - Hold Hearing - This being the time and place to hold hearing the Mayor called for written
and oral objections and there were none.
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70913 - (continued)
Don Temeyer, Plan and Program Director, stated that no access will be allowed off Iowa
Highway 412.
Moved by Bowers, seconded by Dowie that "A Resolution approving site plan for Midas
Muffler at the Crossroads Shopping Center", be adopted. Ayes: Seven. Resolution
adopted and upon approval by Mayor, assigned No. 7715#..2-717 5
79014 - Councilman Getty as a member of the prevailing side requested that discussion be brought
to the floor regarding the vote of the Council on the New Jersey Barrier under C.R.#78795
of July 14, 1980.
Moved by Getty, seconded by Wilharm that the above item be brought to the floor for re-
consideration. Motion carried.
79015 - Mayor Rooff explained that the Iowa Department of Transportation Engineers were in
Waterloo to discuss the feasibility of the proposed structure and recommended the New
Jersey Barrier as the most practical.
Councilman Getty recommended that rumble strips or a flashing amber light be considered
instead of the New Jersey Barrier.
Several adjacent residents voiced their opposition to the barrier structure.
79016 - Moved by Getty, seconded by Roehr that the City of Waterloo contact the Iowa Department
of Transportation informing them that Agreement No. 80-U-053, Project No. UST -20-6(30)--
4A-07 approved on July 14, 1980 be cancelled. Ayes: Wilharm, Roehr, Getty, Burton,
Nays: Penaluna, Dowie, Bowers. Motion carried.
79017 - Further discussion followed:
Moved by Getty, seconded by Wilharm that the Iowa Department of Transportation be asked
to investigate the possibility of constructing rumble strips along Highway 20. Ayes:
Seven. Motion carried.
79018 - Moved by Roehr, seconded by Dowie that request of John I. McCollom for permission to con-
struct a temporary asphalt driveway at 710 Starlite Blvd., without regard to sidewalk
grade, together with $3.00 for recording 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 John I. McCollom and authorizing construction of
temporary asphalt driveway at 710 Starlite Blvd., irrespective of a later official grade",
adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No..
.2_7/7(0
79019 - Moved by Dowie, seconded by Wilharm that request of James L. Bruns for permission to con-
struct a temporary concrete driveway at 119 South Hackett Road without regard to side-
walk grade, together with $3.00 for recording waiver, and City Engineer's recommendation
for approval subject to the provisions of his letter, be received, placed on file, ap-
proved and "Resolution granting permission to James L. Bruns and authorizing construct-
ion of temporary concrete driveway at 119 South Hackett Road, irrespective of a later
official grade", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor,
assigned No. -- -7 -2-11 -7 -7
79020 - Moved by Burton, seconded by Wilharm that request of Paul Akin for permission to con-
struct a temporary asphalt driveway at 1550 East Ridgeway Avenue without regard to side-
walk grade, together with $3.00 for recording waiver, and City Engineer's recommendation
for approval subject to the provisions of his letter, be received, placed on file, ap-
proved and "Resolution granting permission to Paul Akin and authorizing construction of
temporary asphalt driveway at 1550 East Ridgeway Avenue, irrespective of a later official
grade", adopted. Ayes; Seven. Resolution adopted and upon approval by Mayor, assigned
No. 'o2'7I'7 %
79021 - Moved by Penaluna, seconded by Bowers that request of Clay Wilder, Jr., and Claudia Wild-
er, 1105 Kent Circle for sale of Disposal Parcel No. 32 (412 Argyle) in the Logan Avenue
Urban Renewal Area, Project No. Iowa R-2, be received, placed on file and "Resolution
authorizing the sale of Disposal Parcel No. 32 in the Logan Avenue Urban Renewal Area,
Project No. Iowa R-2", be adopted and Clerk instructed to publish notice fixing time and
place of hearing as September 22, 1980 at 7:00 P.M. in the City
Hall Council Chambers. Ayes: Seven. Resolution adopted and upon approval by Mayor,
assigned No. ':v.2,1I 7 9
79022 - Moved by Dowie, seconded by Penaluna that "Resolution overruling objections to F.Y. 1981
Park Lane Sidewalk, Contract No. 207", be adopted. Ayes: Wilharm, Roehr, Penaluna,
August 18, 1980
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79022 - (continued)
Dowie, Burton, Bowers. Nays: Getty. Resolution adopted and upon approval by Mayor,
assigned No. 27054..2-71 S0
79023 - Moved by Roehr, seconded by Dowie that "Resolution adopting Resolution of Necessity
(as proposed) for F.Y. 1981 Park Lane Sidewalk Program Contract No. 207", be adopted.
Ayes: Wilharm, Roehr, Penaluna, Dowie, Burton, Bowers. Nays: Getty. Resolution
adopted and upon approval by Mayor, assigned No. 27660-:
79024 - Moved by Roehr, seconded by Burton that "Resolution directing Engineer to prepare de-
tailed plans and specifications and directing attorney to prepare form of contract and
notice to bidders on "Waterloo, Iowa, F.Y. 1981 Park Lane Sidewalk Project, Contract No.
207", be adopted. Ayes: Wilharm, Roehr, Penaluna, Dowie, Burton, Bowers. Nays: Getty.
Resolution adopted and upon approval by Mayor, assigned No. -270'61-,:2_7/E..2_
79025 - Moved by Bowers, seconded by Wilharm that the minutes of the regular meeting of the Com-
munity Development Board held on July 8, 1980, be received and placed on file. Motion
carried.
79026 - Moved by Burton, seconded by Bowers that communication from Quintin T. Parker recommend-
ing that the speed limit on East Ridgeway Avenue between Hammond Avenue and San Marnan
Drive be increased from 25 miles per hour to 35 miles per hour, be received, placed on
file, approved and City Attorney instructed to submit an ordinance accordingly. Motion
carried.
79027 - Moved by Bowers, seconded by Penaluna that communication from Quintin T. Parker recom-
mending that Hallowell Road be made a through street from Independence Avenue, North to
the Chicago Great Western Railroad, be received, placed on file and recommendation approv-
ed and City Attorney instructed to submit an ordinance allowing for the installation of
stop signs at various intersections along Hallowell Road. Motion carried.
79028 - Moved by Roehr, seconded by Bowers that Change Order No. 1 for work performed on Repairs
to the llth Street and Falls Avenue Bridges, Contract No. 16 by Waterloo Construction
Company, Inc., together with City Engineer's recommendation for approval, be received and
placed on file, approved and Mayor and City Clerk authorized to execute same. Motion
carried.
79029 - Moved by Penaluna, seconded by Getty that Change Order No. 1 for work performed on Dry Run
Creek Flood Control Works - Liberty Park Area, Contract No. 99A by Peterson Contractors,
Inc., together with City Engineer's recommendation for approval be received, placed on
file, approved and Mayor and City Clerk be authorized to execute same. Motion carried.
79030 - Moved by Dowie, seconded by Burton that Change Order No. 2 for work performed on Section
I of UDAG Project Public Improvements, Phase I, Contract No. 175 by Cedar Falls Construct-
ion Co., Inc., together with Community Development's recommendation for approval be re-
ceived, placed on file, approved and Mayor and City Clerk authorized to execute same.
Motion carried.
79031 - Moved by Bowers, seconded by Roehr that communication from Community Development Admini-
strator recommending acceptance of an easement agreement with the Illinois Gulf Railroad
for the sum of $7,476.00 to be used in connection with the installationJof_a_pumping stat-
ion and storm sewer for the Lincoln Ackermant Area Storm Sewer and Pumping Station, Phase
I, Contract No. 205 and recommendation for approval be received and placed on file and
"Resolution authorizing and approving the execution of an easement agreement by and be-
tween the City of Waterloo, Iowa and Illinois Central Gulf Railroad", be adopted. Ayes:
Seveb. Resolution adopted and upon approval by Mayor, assigned No. 417-1-60t...2771%.3
79032 - Moved by Roehr, seconded by Dowie that communication from City Engineer transmitting two
permanent easement documents for maintenance of sanitary sewer extension constructed west
of Wren Road at Garden Avenue from Buddy L. Blandford and recommending approval, be re-
ceived, placed on file, same approved and accepted and Clerk instructed to record same.
Motion carried.
79033 - Moved by Roehr, seconded by Wilharm that communication from Police Department transmitting
a Letter of Committment and recommending that the City of Waterloo match state and federal
funding granted to the Black Hawk County Criminal Justice Information System Project under
the direction of the Criminal Justice Information System Board of Directors and to continue
said funding at our pro rata share of system usage, be received, placed on file and "Reso-
lution authorizing the Mayor to execute said Letter of Committment for local funding for
the Black Hawk County Criminal Justice Information System Project as per agreement 28E",
be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No.
August 18, 1980
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79034 - Moved by Burton, seconded by Bowers that communication from Zoning Commission transmitt-
ing proposed Zoning amendment changes to the Waterloo City Zoning Ordinance No. 2479, as
amended, in regard to requirements for accessory buildings, parking spaces required for
retail stores, supermarkets, drug and sundry stores, department stores, fast food restau-
rants, etc., and submittal time for requests denied by the City Council together with
Zoning Commission's recommendation for approval, be received, placed on file and "Reso-
lution setting date of public hearing as September 8, 1980 at 7:00 P.M. in the City Hall
Council Chambers on proposed zoning amendment changes", be adopted. A es: Seven. Re-
solution adopted and upon approval by Mayor, assigned No. Z17484.-2-7/5
79035 - Moved by Getty, seconded by Roehr that communication from Acting Fire Chief requesting
Council approval of the following appointment to the Waterloo Fire Department effective
August 19, 1980 be received, placed on file and approved.
David M. Murray
Motion carried.
79036 - Moved by Bowers, seconded by Wilharm that the transcript of the public hearing held on
July 22, 1980 and comments received on the draft Environmental Impact Statement for the
Hackett Road By -Pass, be received and placed on file. Motion carried.
Fedon Petrides with Brice, Petrides & Associates and consulting engineer for the Hackett
Road By -Pass gave a brief explanation of the five (5) alternates being considered for the
proposed road. These included: 1) the "Do -Nothing" Alternate; 2) the Street Widening
Alternate; 3) the Ridgeway Avenue Alternate; 4) the Viking Road Alternate, and 5) the
Black Hawk Road Alternate. For each alternate, costs associated with right-of-way ac-
quisition, relocation of businesses (if necessary), construction costs, rate of return,
etc. He stated that the basic consideration at this point in time was the location of
the road and not inter -section design, etc. Funding would be facilitated by 75% Federal
Aid to Urban System (FAUS) and 25% local funding.
Don Temeyer, Plan and Program Director, presented information discussed by the Plan and
Program Commission prior to their recommendation of the Ridgeway Avenue Alternate. Con-
iderations included how property owners along the proposed corridor have been required to
setback from the proposed rights -of -ways; the considerable costs associated with street
widening and the City's responsibility for picking up these costs; the taking of park land
(Greenbelt or Byrnes Park); the widening of the Ansborough Avenue Bridge across Black Hawk
Creek; and the timing of other proposed projects (I-380 and Freeway 520).
Gene Yagla, 111 N. Hackett Road opposed the proposed road for three (3) reasons: 1) just-
ification or need for the link between U.S. Highway 63 and Rainbow Drive; 2) the need
for a bisecting road within the "transportation triangle" of the metropolitan area; and
3) the lack of alternatives considered. He labeled this lack as a "sham". He cited sup-
posed examples of state and federal agencies in opposition to environmental concerns of
the road. He suggested that a system utilizing busses at collector sites be investigated
as an alternate to the proposed road.
Martha Whitson, an ecologist employed by Brice, Petrides & Associates, stated that many
communications are documented with state and federal agencies which indicate the coordi-
nation throughout the process.
Neil Sibert, 310 S. Hackett Road stated that he felt little consideration had been given
to the effects on people, in addition to wildlife, vegetation, fauna, etc.
Frank Starr,1115 West 12th Street, Cedar Falls stated that as Science Coordinator with the
Waterloo Schools, the construction of Hackett Road By -Pass would lessen those areas avail-
able for student study.
Ken Jensen, 6609 S. Main Street, Cedar Falls, questioned the need for the road given the
fact that populations have not developed as earlier expected. He suggested the institut-
ion of a Citizens Advisory Committee to study the situation.
Elaine Meyerhoff, 1506 Rainbow Drive, expressed concern for noise pollution.
Mrs. Harold Bown,, was concerned with the possibility of drag racing on the proposed road.
Mrs. Kenneth Jensen questioned the merits of the project including the numerous proposed
intersections, reduction in fatal accidents, and fuel saved.
Mr. Petrides indicated that the City Council's choice for the corridor location will be
sent to the Iowa Department of Transportation and Federal Highway Administration, with a
final Environmental Impact Statement (EIS) to be later completed.
August 18, 1980
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79037 -
79037 - Moved by Wilharm, seconded by None that Alternate No. Three known as Ridgeway Avenue
Alternate be recommended to the Federal Highway Administration and Iowa Department of
Transportation as the City of Waterloo's choice for the corridor location for Hackett
Road By -Pass in the City of Waterloo, Black Hawk County", be adopted. The motion died
for a lack of a second.
79038 - Discussion continued as to the time already transpired in the study of Hackett Road By -
Pass.
Moved by Burton, seconded by Bowers that action on the selection of an alternate as to
the location of a corridor for Hackett Road By -Pass be deferred until September 15, 1980.
Ayes: Seven. Motion carried.
79039 - Moved by Roehr, seconded by Dowie that following request for permission to attend funct-
ions, with expenses allowed not to exceed amounts shown, be received, placed on file and
approved:
Acting Chief of Police to attend Iowa State Policemens Association Convention, Des Moines,
Iowa, October 20 - 22, 1980 -- $225.00 plus use of City vehicle.
Acting Chief of Police to attend Iowa Association of Chief of Police and Peace Officers
Convention, Des Moines, Iowa, September 9 - 11, 1980 -- $225.00 plus use of City vehicle.
Signal Technician II to attend Eagle Traffic Signal School, Austin, Texas, October 14 -
17, 1980 -- $618.00
Electrical Inspector to attend 76th Annual Meeting of International Association of Elect-
ric67 Inspectors, Chicago, Illinois, September 21 - 24, 1980 -- $450.00
Ayes: Seven. Motion carried.
79040 - Moved by Dowie, seconded by Penaluna that following applications for Beer & Liquor Permits,
be received, placed on file, approved and endorsed application forwarded to the Iowa Beer
and Liquor Control Department:
Beer Liquor License Applications
Class C
Lester & Miriam Rand dba L & M Tap, 1607 Sycamore
Mary Narey dba Narey's 19th Hole, Inc., 2073 Logan Avenue
Beer License Applications
Class C
R & G Oil Company, Inc., dba R & G Service #12, 1625 West 4th Street
Cullen Crawford dba Crawford's Laundromat -Groceries, 523 Logan Avenue
Uban Oil Co. dba Lafayette Kerr Mc -Gee, 2100 Lafayette
Pester Derby Oil Co. dba Pester Derby, 508 N. Broadway
Sunday Sales - Beer Permit Applications
Class C
Cullen Crawford dba Crawford's Laundromat -Groceries, 523 Logan Avenue
Uban Oil Co. dba Lafayette Kerr Mc -Gee, 2100 Lafayette
R & G Oil Company, Inc. dba R & G Service #12, West 4th & Williston
Pester Derby Oil Co. dba Pester Derby, 508 North Broadway
Motion carried.
79041 - Moved by Burton, seconded Bowers that the following applications for Peddler's License be
received, placed on file and approved.
Gary Francis Evers, RR2, Box 15A, Ertl Toys
Waterloo Jaycees, P.O. Box 245, Craft items
Motion carried.
79042 - Moved by Dowie, seconded by Roehr that report of City Attorney and list of bonds filed with
the Clerk through August 18, 1980, be received, placed on file and report and bonds approv-
ed. Motion carried.
79043 - Moved by Dowie, seconded by Getty that the Council adjourn. Motion carried.
Larry P. Burger
City Clerk
August 18, 1980