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HomeMy WebLinkAbout05/05/80May 5, 1980 The Council of the City of Waterloo, Iowa, met in Regular Session in Council Ch- ambers in the City Hall at 7:00 P.M., on May 5, 1980. Mayor Rooff in the Chair. On roll call: Present: Bowers, Burton, Getty, Penaluna, Roehr, Wilharm. Absent: Dowie. Invocation by Councilman Getty. 78397 - Moved by Roehr, seconded by Wilharm that the Agenda, as amended, for the Regular Session of May 5, 1980, at 7:00 P.M., be accepted and approved. Motion carried. 78398 - Moved by Burton; seconded by Bowers that the minutes of the regular sess- ion held April 28, 1980, at 7:00 P.M. be approved. Motion carried. 78399 - Moved by Roehr, seconded by Wilharm that proof of publication of notice of public hearing on proposal to sell and convey real property of app- roximately 4.89 acres located in part of the SA of the SW4 of Section 4-89-13, owned by the Waterloo Airport Commission, be received and plac- ed on file. Motion carried. 78400 - Hold hearing - this being the time and place for hearing, the Mayor call- ed for oral and written objections, and there were none. Moved by Roehr, seconded by Bowers that "A resolution authorizing execut- ion of the offer and acceptance of contract of W.W. Grainger, Inc., and the City Attorney instructed to prepare deed", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 26963. 78401 - Moved by Penaluna, seconded by Burton that proof of publication of not- ice of public hearing on recommendation of the City Plan and Program Commission and the City Council's own motion to approve the fee schedule for site plans, as published in the Waterloo Courier on April 25, 1980, be received and placed on file. Motion carried. 78402 - Hold hearing - this being the time and place for hearing, the Mayor called for written and oral objections, and there were none. Moved by Bowers, seconded by Wilharm that "A Ordinance amending Ordin- ance No. 2479, as amended, City Zoning Ordinance of the City of Water- loo, (Site Plan Fee Increase) by adding Part XXVII-A, Fees, be received, placed on file and considered for the first time. Ayes: Six. Absent: Dowie. Motion carried. 78403 - Moved by Getty, seconded by Burton that proof of publication of notice of public hearing on site plan for Hardee's Food Systems, Inc., to be located south of East Ridgeway Avenue and East of Kimball Avenue in the City of Waterloo, Black Hawk County, Iowa, upon recommendation of the Plan and Program Commission and on Council's own motion, as published in the Waterloo Courier on April 25, 1980, be received and placed on file. Motion carried. 78404 - Hold hearing - this being the time and place for hearing, the Mayor called for oral and written objections. Don Temeyer, Acting Plan and Program Director, stated that an agreement between Schoitz Hospital and Hardee's still needed to be settled regard- ing the joint use of the Schoitz driveway along the easterly side of the Hardee's site. Moved by Wilharm, seconded by Penaluna that "Resolution approving the site plan for Hardee's Food Systems, Inc., to be located south of East Ridgeway Avenue and East of Kimball Avenue in the City of Waterloo, Black Hawk County, Iowa", be adopted. Ayes: Bowers, Getty, Penaluna, Roehr, Wilharm. Nays: Burton. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 26964. 78405 - Ted Stephens, 202 Fairfield, presented a petition in opposition to the use of the property at 1332 Walker Street currently owned by Larry Leh- man. He asked that immediate attention be given to the situation. Mayor Rooff stated that accusations which have been made that Mr. Leh- man had purchased all of the Mayor's equipment at the time he went out of business and that Mr. Lehman was allowed to work on many City con- tracts without going through the proper procedures are unfounded. Mr. 78405 - (continued) Lehman did purchase one $50.00 piece of equipment from the Mayor and does bid on City contracts, as required by law. Mr. Stephens apolog- ized for any of the false rumors being circulated. Moved by Penaluna, seconded by Burton to receive, fer to the City Attorney. Motion carried. place on file and re - 78406 - Cuttis Austin, 716 Beech Street, inquired as to what paving programs the City will be initiating in the near future that will be funded with Block Grant Funds. The Mayor explained that at this time no new paving projects are being proposed, even though available Block Grant Funds have been designated for paving. No new paving projects are being initiated until the City has funds available to match the Block Grant Funds. Moved by Roehr, seconded by Bowers that the above presentation be re- ceived and placed on file. Motion carried. 78407 - Councilman Getty announced that he and the Park Department will be meeting with the Waterloo Softball Association to discuss problems that are expected to arise with neighbors in the area of the softball complex. The meeting is scheduled for May 6, 1980 at 4:00 P.M. in the Park Department Office. Moved by Penaluna, seconded by Bowers that a recommendation be brought back to the City Council after the meeting. Motion carried. 78408 - Moved by Wilharm, seconded by Getty that request of William F. Mclntee and Sons, Inc., for Council on its own motion to rezone from "M -l" Light Industrial District to "R-2" One and Two Family Residential District approximately four acres of land in part of Block 23 and all of Block 24 Auditor Rainbows Plat of Maywood Second Filing as shown on the at- tached plat, together with City Zoning Commission's recommendation for approval be received, placed on file, recommendation approved and "Re- solution setting date of hearing as May 27, 1980 at 7:00 P.M. in the City Hall Council Chambers", adopted and Clerk instructed to publish notice. Ayes: Six. Absent: Dowie. Resolution adopted and upon ap- proval by Mayor, assigned No. 26965. 78409 - Moved by Roehr, seconded by Bowers that petition opposing the rezoning signed by adjacent property owners be received and placed on file. Motion carried. 78410 - Moved by Penaluna, seconded by Getty that request of Taco Bell, Inc., for the City Council to rezone upon its own motion to rezone lots No. 236, 237, 238, 239, 240 located west of LaPorte Road and north of Howard Avenue in Pleasant View Addition from "R-2" to "C-2" as shown on the attached plat with 66 objection Petitioners together with the City Zon- ing Commission's recommendation for approval, be received, placed on file, recommendation approved and "Resolution setting date of hearing as May 27, 1980 at 7:00 P.M. in the City Hall Council Chambers' adopted and Clerk instructed to publish notice. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 26966. 78411 - Moved by Burton, seconded by Wilharm that request of Meryl L. Terry for permission to construct temporary concrete driveway, without re- gard to sidewalk grade, at 140 Lovejoy Avenue, and City Engineer's re- commendation for approval subject to the provisions of his letter, be received, placed on file, recommendations approved and permission grant- ed in accordance therewith. Motion carried. 78412 - Moved by Bowers, seconded by Wi April 1980 showing fund balance - Taxes $3,019,655.55 + Receipt City Treasurers $1,039,761.23 + bursements $2,703,164.54, Fund be received, placed on file and May 5, 1980 lharm that Treasurer's Statement for April 1, 1980 $15,577,154.60 + Receipts s - City Clerk $460,104.52 + Receipts - Receipts - Transfers $527,290.04 - Dis- Balance April 30, 1980, $17,920,801.40 approved. Motion carried. - 3 - 78413 - Moved by Penaluna, seconded by Roehr that communication from City En- gineer that sanitary sewer extension serving Faith Evangelical Luth- eran Church having been completed in substantial conformance with con- struction plans, standards, and requirements, of his office, submitting two-year maintenance bonds and recommending acceptance, be received, placed on file, approved and accepted with effective dates of said bonds being effective upon Council approval. Motion carried. 78414 - Moved by Roehr, seconded by Getty that communication from the Department of Environmental Quality for construction permit #80-198-S for sewage, U.S. Highway 218 South, be received, placed on file and approved. Motion carried. 78415 - Moved by Wilharm, seconded by Bowers that communication from Mayor Rooff recommending that the City of Waterloo proceed with the issuance of General Obligation Bonds in the amount of $2,530,000 and "Resolution authorizing the City of Waterloo to proceed with the issuance of Gen- eral Obligation Bonds in the amount of $2,530,000 and directing the City Finance Director to begin proceedings for the bond sale',', be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 26967. 78416 - Moved by Burton, seconded by Penaluna that "Ordinance vacating that portion of Ralph Road not now vacated generally located north of Castle Street and south of Vera Drive located in the City of Waterloo, Black Hawk County, Iowa", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Dowie. Motion carried. 78417 - Moved by Roehr, seconded by Penaluna that the rules requiring ordinances to be considered and voted 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: Six. Absent: Dowie. Motion carried. 78418 - Moved by Getty, seconded by Penaluna that "Ordinance vacating that port- ion of Ralph Road not now vacated generally located north of Castle Street and south of Vera Drive located in the City of Waterloo, Black Hawk County, Iowa", be adopted. Ayes: Six. Absent: Dowie. Ordinance adopted and upon approval by Mayor, assigned No. 3083. 78419 - Moved by Burton, seconded by Bowers that "An Ordinance establishing grades for the following streets, roads, avenues and boulevards for F.Y. 1980 Paving Program No. 1, Contract No. 176: Hall Avenue from Lucas Street to Midland Street, Lobdell Road from Rainbow Drive to Castle Street, Eleanor Drive from Downing Avenue to Sager Avenue and Forest Avenue from West Ninth Street to Hammond Avenue", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dowie. Motion carried. 78420 - Moved by Wilharm, seconded by Getty that the rules requiring ordinances to be considered and voted for passage at two prior meetings, be sus- pended, the above ordinance recorded as having been considered and pass- ed for the second and third times, and now placed on its final adoption. Ayes: Six. Absent: Dowie. Motion carried. 78421 - Moved by Burton, seconded by Wilharm that "An Ordinance establishing grades for the following streets, roads, avenues and boulevards for F.Y. 1980 Paving Program No. 1, Contract No. 176: Hall Avenue from Lucas Street to Midland Street, Lobdell Road from Rainbow Drive to Castle Street, Eleanor Drive from Downing Avenue to Sager Avenue and Forest Avenue from West Ninth Street to Hammond Avenue", be adopted. Ayes: Six. Absent: Dowie. Ordinance adopted and upon approval by the Mayor, assigned No. 3084. 78422 - Moved by Bowers, seconded by Burton that communication from Supt. of Streets reporting retirement of Walter Tierney effective April 4, 1980 and entitlement of 798 hours sick leave and 68 hours vacation pay be received, placed on file and "Resolution approving payment of $6,321.80 sick leave and vacation pay to Walter Tierney, Street Department", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 26968. May 5, 180 78423 - Moved by Bowers, seconded by Burton that communication from Director of Health/Sanitation and Animal Control reporting resignation of Ken- neth R. Burrington, Jr. effective April 28, 1980 and entitlement of 38 hours vacation pay be received, placed on file and "Resolution approv- ing payment of $202.16 vacation pay to Kenneth R. Burrington, Jr., Animal Control", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 26969. 78424 - Moved by Wilharm, seconded by Bowers that following applications for Beer Permits and Beer Liquor Licenses, be received, placed on file, approved, and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer Liquor Licenses Applications Class A Amvets Home, Inc., 32 Lafayette Street Class C Lawrence E. Mether dba Larry's Lounge, 1831 Independence Sunday Sales - Beer Liquor License Applications Class C Dennis Cunningham & Robert Schwake dba The Red Cedar, 102 West llth St. Motion carried. 78425 - Moved by Roehr, seconded by Wilharm that application and fee from Lind- bergh Whitis dba Lindbergh's Massage Parlor, 1604 Lafayette Street, Wat- erloo, for one Massage Business Permit, be received, placed on file and denied. Councilman Roehr asked for a roll call vote. Ayes: Bowers, Burton, Getty, Penaluna, Roehr, Wilharm. Absent: Dowie. Motion carried. 78426 - Moved by Roehr, seconded by Bowers that application and fee from Wal- green Co. dba Walgreens, 2323 Crossroads Blvd., Waterloo, for one Retail Cigarette Permit, be received, placed on file and granted. Motion carried. 78427 - Moved by Burton, seconded by'Getty that application and fee from Cross- roads Center Merchants' Association, 124 Crossroads, Waterloo, for one Fireworks Display License, be received, placed on file and granted. Motion carried. 78428 - Moved by Bowers, seconded by Roehr that application and fee from Vic Fuller Salvage & Wrecking Co., 950 Sheffield Avenue, Box 493, Waterloo, for one Junk Dealer License, be received, placed on file and granted. Motion carried. 78429 - Moved by Burton, seconded by Bowers that following applications for Automobile Salvage Yard Licenses, be received, placed on file, and granted: Chase Auto Parts Co. Inc., 1117 Sheffield Chase Auto Parts Co. Inc., 1117 Sheffield Victor H. Fuller dba Vic Fuller Salvage & Wrecking Co., 2113 Mitchell Ave Nathan Lipkin dba Commercial Auto, 1330 Commercial Wilber Auto Body & Sales, Inc., 2220 Easton Donald J. Pierce dba Pierce Used Cars, 1500 Commercial Motion carried. 78430 - Moved by Wilharm, seconded by Roehr that following applications for Scavenger's License, be received, placed on file and granted: Bob Nicks dba Bob's Sewer Service. Motion carried. 78431 - Moved by Bowers, seconded by Burton that following applications for Dance Licenses, be received, placed on file and granted: Scott Burns dba Scotty's Thunderbird Tap, 915 Ansborough Motion carried. May 5, 1980 78432 - Moved by Bowers, seconded by Burton that following applications for Theater Licenses, be received, placed on file and granted: Central States Theatre Corp. dba SkyVue Drive -In Theatre, 3066 Inde- pendence Avenue Motion carried. 78433 - Moved by Burton, seconded by Bowers that the following application for permission to drive a motor vehicle for the purpose of carrying pass- engers be received, placed on file, and granted: Vicki Wagner, 311 Rhey Street Motion carried. 78434 - Moved by Bowers, seconded by Burton that report of City Attorney list of bonds filed with Clerk through May 5, 1980, be received, on file and report and bonds approved. Motion carried. 78435 - Moved by Bowers, seconded by Penaluna that the Council adjourn. Motion carried. and placed Larry P. Burger City Clerk.