HomeMy WebLinkAbout08/01/83August 1, 1983
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 August 1,
1983. Mayor Rooff in the Chair. Roll Call: Getty, Penaluna,
Wilharm, Roehr, Dowie, Burton, Bowers.
Invocation: Bowers
84390 - Moved by Roehr, seconded by Burton
that the Agenda, as amended for the Regular Session of August 1, 1983
at 7:00 p.m., be accepted and approved.
Motion carried.
84391 - Moved by Burton, seconded by Penaluna
that the Minutes of the Regular Session held July 25, 1983 and the
Special Session of July 28, 1983, be approved.
Motion carried.
HEARINGS
84392 - Moved by Roehr, seconded by Bowers
that proof of publication of notice of public hearing on the proposed
Resolution of Necessity for the F.Y. 1984 Paving Program, Contract
No. 250, as published in the Waterloo Courier on July 13 and 20,
1983, be received and placed on file.
Motion carried.
84393 - HOLD HEARING --This being the time and place of hearing, the Mayor
called for oral and written objections.
The Clerk/Auditor reported that several petitions had been received
and distributed to the Mayor and Council and City Engineer for
calculation purposes.
Councilman Burton presented a petition of opposition from residents
in the 700 and 800 block of Knoll Avenue.
Moved by Burton, seconded by Dowie
that the above objections and letter of support be received and
placed on file.
Motion carried.
84394 - The Mayor called for objections and/or support for the paving of
Wallgate Avenue and there were none.
Moved by Getty, seconded by Wilharm
to include Wallgate Avenue, from Hartman Avenue to Falls Avenue,
including replacement of a partial intersection at Falls Avenue.
Said improvement shall be approximately thirty-one (31) feet wide in
the F.Y. 1984 Paving Program, Contract No. 250.
Motion carried.
August 1, 1983
HEARINGS CONTINUED
Page Two
84395 - The Mayor called for objections and/or support for the paving of
Knoll Avenue. Sixty-five (65) percent of the adjacent property
owners objected to the paving of the 700 block of Knoll Avenue.
Eight (8) percent of the adjacent property owners objected to the
paving of 800 block of Knoll Avenue.
Moved by Burton,, seconded by .Roehr.
to include the 800 block of Knoll Avenue from Harwood Avenue to Rock
Island Avenue including construction of a full intersection at
Harwood and Rock _Island and delete the 700 block of Knoll Avenue from
Rock Island to Bismark Avenue from the FY 1984 Paving Program,
Contract No. 250.
Motion carried.
84396 - The Mayor called for objections and/or support for the paving of
Ackermant Street and there were none.
Moved by Getty, seconded by Wilharm
to include Ackermant Street, from Parker Street to W.C.F. & N.
Railroad, including replacement of a partial intersection at Parker
Street and construction of a full intersection at Arlington Street..
Said improvement shall be approximately thirty-one (31) feet wide in
the F. Y. 1984 Paving Program, Contract No. 250.
Motion carried.
84397 - The Mayor called for objections and/or support for the paving of
Columbia Street. Nine (9) percent of the adjacent property owners
objected to the paving of Columbia Street.
Moved by Wilharm, seconded by Burton
to include Columbia Street, from Parker Street to W.C.F. & N.
Railroad, including replacement of a partial intersection at Parker
Street and construction of a full intersection at Arlington Street.
Said improvement shall be approximately thirty-one (31) feet wide in
the F. Y. 1984 Paving Program, Contract No. 250.
Motion carried.
84398 - The Mayor called for objections and/or support for the paving of
Manson Street and there were none.
Moved by Wilharm, seconded by Bowers
to include Manson Street, from Sumner Street to Cottage Street,
including replacement of a partial intersection at Sumner Street.
Said improvement shall be approximately thirty-one (31) feet wide in
the F. Y. 1984 Paving Program, Contract No. 250.
Motion carried.
August 1, 1983 Page Three
HEARINGS CONTINUED
84399 - The Mayor called for objections and/or support for the paving of
Oneida Street. Four (4) percent of the adjacent property owners
objected to the paving of Oneida Street including Val Martin, owner
of one (1) lot on Oneida Street.
Moved by Bowers, seconded by Burton
to include Oneida Street, from Jackson Street to Mobile Street,
including replacement of a partial intersection at Jackson Street and
Mobile Street, and construction of one-half (1/2) intersection at
Halstead Street, Hewitt Street, and Bates Street. Said improvement
shall be approximately thirty-one (31) feet wide in the F.Y. 1984
Paving Program, Contract No. 250.
Motion carried.
84400 - The Mayor called for objections and/or support for the paving of
Wallgate Avenue. Seven (7) percent of the adjacent property owners
objected to the paving of Wallgate.
Moved by Burton, seconded by Dowie
to include Wallgate Avenue_, from University Avenue to Hartman
Avenue. Said improvement shall be approximately twenty-seven (27)
feet wide in the F. Y. 1984 Paving Program, Contract No. 250.
Motion carried.
84401 - Moved by Bowers, seconded by Burton
that the above remarks be received, placed on file, and the time
closed for the receiving of oral comments.
Motion carried.
84402 - Moved by Burton, seconded by Dowie
that "Resolution overruling and/or sustaining objections", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-308.
84403 - Moved by Dowie, seconded by Burton
that "Resolution amending Resolution of Necessity", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-309.
84404 - Moved by Roehr, seconded by Wilharm
tht "Resolution adopting Resolution of Necessity, as amended", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-310.
August 1, 1983 Page Four
HEARINGS CONTINUED
84405 - Moved by Wilharm, seconded by Burton
that "Resolution directing engineer to prepare detailed plans and
Specifications and directing attorney to prepare form of contract and
notice to bidder", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-311.
84406 - Moved by Bowers, seconded by Getty
To receive and file engineer's detailed plans, specifications, etc.,
and "Resolution ordering bids, approving plans, specifications and
form of contract and notice to bidders, fixing amount of bid
security, and ordering Clerk to publish notice and fixing a date
of hearing as August 22, 1983 at 7:00 p.m. in the City Hall Council
Chambers on plans, specifications, form of contract and estimate of
costs", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned. No. 1983-312.
84407 - Moved by Roehr, seconded by Wilharm
that proof of publication of notice of public hearing for Special
Permit Request for site plan review for proposed expansion for Allen
Memorial Hospital, as published in the Waterloo Courier on July 22,
1983, be received and placed on file.
Motion carried.
84408 - HOLD HEARING --This being the time and place for public hearing the
Mayor called for written and oral objections there were none.
Mayor Rooff reported that this public hearing was for the purposes of
site plan review, but did not authorize construction.
Moved by Wilharm, seconded by Dowie
that "Resolution approving said request", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-313.
84409 - Moved by Bowers, seconded by Burton
that proof of publication of notice of public hearing to rezone from
"R-2" One and Two Family Residence District to 11C-1" Commercial
District --South of Newell between Peek & Hewitt Streets, as published
in the Waterloo Courier on July 22, 1983 be received and placed on
file.
Motion carried.
84410 - HOLD HEARING --This being the time and place for public hearing the
Mayor called for written and oral objections. The Clerk/Auditor
reported that 52% of the area residents opposed the rezoning.
Moved by Wilharm, seconded by Bowers
that "an Ordinance to rezone from "R-2" One and Two Family Residence
District to "C-1" Commercial District --South of Newell between Peek
and Hewitt Streets", be received, filed, considered and denied. Ayes:
Seven.
Motion carried.
August 1, 198'* Mage Five
HEARINGS CONTINUED
84411 - Moved by Roehr, seconded by Bowers
that proof of publication of notice of public hearing to vacate, sell
and convey an alley lying between Sycamore and Lafayette Streets and
between Elm and ICG Railroad as published in the Waterloo Courier on
July 22, 1983 be received and placed on file.
Motion carried.
84412 - HOLD HEARING --This being the time and place for public hearing the
Mayor called for written and oral objections and there were none.
Moved by Wilharm, seconded by Roehr
that "an Ordinance to vacate, sell and convey an alley lying between
Sycamore and Lafayette Streets between Elm and ICG Railroad", be
received, filed, considered and passed for the first time. Ayes:
Seven.
Motion carried.
84413 - Moved by Getty, seconded by Wilharm
that proof of publication of notice of public hearing of Sale of
Disposal Parcel #18a and b in the Logan Avenue Urban Renewal Area,
Project Iowa R -2--C. Harold Truax as published in the Waterloo
Courier on July 22, 1983 be received and placed on file.
Motion carried.
84414 - HOLD HEARING --This being the time and place of hearing, the Mayor
called for written and oral objections.
Councilman Getty questioned the process used on the sale, including
the bid submittal and opening.
Dale Mercer, Director of Community Development, explained the
procedure, including the bid and proposal submittal of Harold Truax
and Ronald Weber. Mr. Truax's proposal was approved by the Board.
Mr. Truax spoke in support of his proposal.
Moved by Getty, seconded by Penaluna
that action of the sale of Disposal Parcel 18a & b be delayed for two
(2) weeks.
Motion carried.
ORAL PRESENTATIONS
84415 - Gary Schmitz, 732 Stephen Avenue reported on the speeding problem in
the Carriage Hill area and asked that the Police Department ticket
violators.
L. L. Hall, 1708 Locke requested restrictive parking near the
intersection of Locke & Minnesota Avenues.
Moved by Roehr, seconded by Getty
that the above remarks be received and placed on file.
Motion carried.
84416 - Councilman Getty requested a report from the Chamber of Commerce
acting as the City of Waterloo Housing Authority on the inspection
report for Ridgeway Towers, 225 E. Ridgeway Avenue prepared by the
Building Inspection Department on July 28, 1983.
Moved by Getty, seconded by Burton
that the above matter be referred to the Waterloo Housing Authority
for a report on August 8, 1983.
Motion carried.
August 1, 1983 Page Six
PETITIONS FROM PUBLIC
84417 - Moved by Roehr, seconded by Penaluna
that the request of E1 Mecca Shrine Club to conduct tent dance,
including alley closing and extention of beer and liquor license to
outer premises, together with certificate of insurance be received,
placed on file, approved and Clerk/Auditor instructed to notify the
Iowa Beer and Liquor Control Commission.
Motion carried.
84418 - Jeff Wyborney, representing Omega Marketing, stated that the City's
peddler's & solicitor's ordinances were conflicting, since peddler's
are required to have a medical certificate and solicitors are not.
Moved by Wilharm, seconded by Bowers
that statement of Omega Marketing contesting the City's Solicitors
and Peddler's Ordinances, be received, placed on file and referred to
the City Attorney for further review and recommendation.
Motion carried.
84419 - Moved by Burton, seconded by Roehr
that request of Tunis Speedway, Inc., for variance to Ordinance No.
3094, Noise Ordinance, together with Police Department's
recommendation of approval, subject to certain muffler restrictions,
be received, placed on file and "Resolution authorizing said
variance", be adopted subject to vehicles being properly equipped
with mufflers. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-314.
84420 - Moved by Wilharm, seconded by Penaluna
that communication from City Engineer transmitting the request of
George Schmidt for temporary asphalt driveway at 1251 Virginia Street
together with recommendation of approval be received; placed on file
and "Resolution approving the request of George Schmidt for a
temporary asphalt driveway at 1251 Virginia Street, irrespective of
latter official grade", be adopted. Ayes:, Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-315.
84421 - Moved by Wilharm, seconded by Penaluna
that communication from City Engineer transmitting the request of
D. Patrick McGeough for temporary concrete driveway at 800 Wisner
Drive together with recommendation of approval be received, placed on
file and "Resolution approving the request of D. Patrick McGeough
for a temporary concrete driveway at 800 Wisner Drive,
irrespective of latter official grade", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-316.
August 1, 1983
PETITIONS FROM PUBLIC CONTINUED
84422 - Moved by Wilharm, seconded by Penaluna
Page Seven
that communication from City Engineer transmitting the request of
Richard J. Stewart for temporary concrete driveway at 711 Hanna
Blvd., together with recommendation of approval be received, placed
on file and "Resolution approving the request of Richard J. Stewart
for a temporary concrete driveway at 711 Hanna Blvd., irrespective of
latter official grade", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-317.
84423 - Tom Colvin, Executive Director of the Black Hawk County Humane
Society, requested an increase in their contract with the City on the
boarding of animals. He reported that the Board has reviewed cost
saving measures, including reducing the containment period.
Bill Hoffman, Director of Health and Sanitation, reported that less
animals were being transported to the humane society this year than
in previous years.
It was reported that the Mayor's Budget Review Committee had
recommended no increase in the contract for the current year.
Moved by Bowers, seconded by Wilharm
that communication from Planning, Programming and Zoning Commission
transmitting request of Black Hawk Humane Society for increase in
contract for boarding of animals together with recommendation of
denial be received, placed on file, and request denied. Ayes: Seven.
Motion carried.
84424 - Moved by Bowers, seconded by Dowie
that communication from Planning, Programming and Zoning Commission
transmitting request for tax exemption for improvements at 1225 Beech
Street, located in the Neighborhood Housing Services Urban
Revitalization Area, together with recommendation of Planning,
Programming and Zoning Commission, be received, placed on file and
"Resolution approving said exemption", be adopted and Clerk/Auditor
instructed to notify the City Assessor. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-318.
UNFINISHED BUSINESS
84425 - Moved by Getty, seconded by Burton
that communication from Mayor Leo P. Rooff transmitting request of
the Seeker's Club for funding in the amount of $4,000 for FY 1984
together with recommendation, be received, placed on file and
approved. (see Finance Committee Minutes of 7-25-83 for previous
action).
Motion carried.
84426 - John Henderson, Executive Vice President of the Black Hawk County
Abstract Co., spoke in support of the request. He reported that much
of their need is for short term parking and deliveries. The rear
alley is extremely narrow.
Moved by Penaluna, seconded by Bowers
that request of Black Hawk County Abstract Company for permission to
remove parking meters at 612 and 614 Sycamore Street be received,
placed on file and approved. Ayes: Six. Nayes: Wilharm.
Motion carried.
August 1, 1983 Page Eight
REPORTS
84427 - Moved by Bowers, seconded by Burton
that communication from City Engineer transmitting Project Status
Report, Road Use Tax 5, Street Construction Program, together with
recommendation of approval be received, placed on file, and
"Resolution approving said report", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-319.
84428 - Moved by Roehr, seconded by Bowers
that Report of examination of the Waterloo Redevelopment Authority as
of April 30, 1983, be received and placed on file.
Motion carried.
DOCUMENTS
84429 - Moved by Roehr, seconded by Burton
that communication from Transportation Program Manager transmitting
proposed contract for appraisal services with Brasch, Inc., for
property adjacent to Hess Road in conjunction with the Interstate
Substitution Project, together with recommendation of approval be
received, placed on file, and "Resolution approving said contract",
be adopted and Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-320.
84430 - Moved by Bowers, seconded by Getty
that communication from City Engineer transmittinq License Agreement
between the Chicago and North Western Transportation Company and the
City of Waterloo for Inter -City Sanitary Interceptor Sewer, Contract
No. 248, together with recommendation of approval, be received,
placed on file and "Resolution approving said agreement", be adopted
and Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-321.
RESOLUTIONS TO BE ADOPTED
84431 - Moved by Dowie, seconded by Bowers
that "Resolution authorizing reconstruction of streets, avenues,
roads, etc., herein described in the City of Waterloo, Iowa", be
adopted. Ayes: Five. Nayes: Roehr and Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1983-322.
84432 - Moved by Roehr, seconded by Penaluna
that "Resolution approving and providing for the execution of Housing
and Community Development Block Grant Contract No. B -83 -MF -19-0008 by
and between the City of Waterloo and the U.S. Department of Housing
and Urban Development", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-323.
t
C
August 1, 1983
RESOLUTIONS TO BE ADOPTED
84433 - Moved by Roehr, seconded by Penaluna
Page Nine
that "Resolution authorizing the condemnation of a certain parcel of
real property owned by L. C. Strohm for the Blowers Creek Flood
Control Project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-324.
84434 - Moved by Roehr, seconded by Penaluna
that "Resolution accepting and approving certain easement agreements
from Lawrence Stansbery to the City and accepting and approving
certain easements in conjunction with Blowers Creek Flood Control
Project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-325.
84435 - Moved by Roehr, seconded by Penaluna
that "Resolution accepting and approving certain offers and `
permanent easement agreements from Harold Messingham to the City
and accepting and approving certain permanent easements in
conjunction with Blowers Creek Flood Control Project", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-326.
84436 - Moved by Roehr, seconded by Penaluna
that "Resolution accepting and approving certain deeds to the City
from Black Hawk County in conjunction with Blowers Creek Flood
Control Project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-327.
ORDINANCES TO BE ADOPTED
84437 - Dave Hershberger, spoke in behalf of the rezoning. Leland Anderson
spoke against the rezoning.
Moved by Roehr, seconded by Penaluna
that "amendment to Ordinance No. 2479, as amended Zoning Ordinance
by adding Sub -section No. 205 to Section 2A-5, Rezoning Certain
property --"R-2" One and Two Family Residence District to "C-2"
Commercial District located north of Hawthorne Avenue, between
Wisconsin Street and U.S. Highway 218 --David Hershberger", be
received, placed on file and approved. Ayes: Getty, Penaluna, Roehr,
Dowie. Nayes: Wilharm, Burton, Bowers.
Motion not carried.
NEW BUSINESS
84438 - Moved by Burton, seconded by Bowers
to instruct City Engineer to prepare plans, specifications, etc. for
the FY 1983 LaPorte Road to Ridgeway Avenue Off -Ramp, Contract No.
252, be received and placed on file.
Motion carried.
August 1, 1983 Page Ten
NEW BUSINESS CONTINUED
84439 - Moved by Roehr, seconded by Wilharm
to receive and file plans etc., prepared by the City Engineer and
"Resolution preliminarily approving same", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-328.
84440 - Moved by Wilharm, seconded by Burton
that "Resolution setting date of hearing, as August 22, 1983 at
7:00 p.m. in the City Hall Council Chambers on plans and taking of
bids on the FY 1983 LaPorte Road to Ridgeway Avenue -Off Ramp,
Contract No. 252", be adopted and Clerk/Auditor instructed to publish
notice of hearing accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1983-329.
84441 - Moved by Bowers, seconded by Penaluna
that the following request for permission to attend functions with
expenses not to exceed amounts shown, be received, placed on file and
approved:
Attend Functions
Planning Director and Assistant to attend Iowa Chapter of NAHRO
Community Development seminar on Public Finance Methods for the
801s, Des Moines, August 18-19, 1983, cost not to exceed $120.00
per person plus use of City vehicle.
Motion carried.
MISCELLANEOUS
84442 - Moved by Wilharm, seconded by Bowers
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 and the
following Dance, Alarm and Cigarette Licenses, be received, placed on
file and approved:
Beer and Liquor License Permit Application
ass
ec er.-Chapman American Legion Post #138, 619 Franklin (Renewal)
(Expires 8/9/84)
Application for.License for Alarm Business
aw eye Alarm & Signalom5 ny
Dance Application
ecca Shrine Club
Cigarettes
Renewal )
Motion carried.
BONDS
84443 - Moved by Burton, seconded by Dowie
that the report of City Attorney and list of bonds filed with Clerk
through August 1, 1983 be received, placed on file and report and
bonds approved.
Motion carried.
ADJOURNMENT
84444 - Moved by Burton, seconded by Roehr
that the Council adjourn.
Motion carrie d Larry P,"_"`arger,
City Cle ,/Auditor