HomeMy WebLinkAbout05/24/82May 24, 1982
The Council of the City of Waterloo, Iowa, met in Regular Session at
City Hall Chambers, Waterloo, Iowa at 7 P.M. on May 24, 1982. Mayor
Rooff in the Chair. On Roll Call: Present: Dowie, Burton, Bowers,
Getty, Penaluna, Roehr, Wilharm. Invocation was by Wilharm.
82427 - Moved by Roehr, seconded by Getty
that the Agenda, as proposed, for the Regular Session of May 24,
1982, at 7 P.M., be accepted and approved. Motion carried.
82428 - Moved by Wilharm, seconded by Dowie
that the minutes of the Regular Session held May 17, 1982 at 7 P.M.
be approved. Motion carried.
HEARINGS
82429 - Moved by Roehr, seconded by Bowers
that proof of publication of notice of public hearing on proposed
amendments to Zoning Ordinance, Ordinance No. 2479, as amended,
relating to Section dealing with Exceptions and Modification and Lot
Widths as published in the Waterloo Courier on May 7, 1982, be
received and placed on file.
Motion carried.
82430 - Moved by Bowers, seconded by Burton
that the Zoning, Commission's recommendation of approval be received
and placed on file.
Motion carried.
82431 - Don Temeyer, Plan and Program Director, reported that this change
will allow reduction of lot widths in certain zoning classifica-
tions.
HOLD HEARING --This being, the time and place of hearing, the Mayor
called for written and oral objections and there were none.
Moved by Wilharm, seconded by Dowie
that an "Ordinance amending Ordinance No. 2479 as amended, known as
the Zoning Ordinance relating to Section dealing with Exceptions and
Modifications and Lot Widths", be received, placed on file,
considered and passed for the first time. Ayes: Seven.
Motion carried.
82432 - Moved by Roehr, seconded by Bowers
that proof of publication of notice of public hearing on proposed
amendments to Zoning Ordinance, Ordinance No. 2479, as amended,
relating to New Section entitled "Lot Frontage Required" as
published in the Waterloo Courier on May 7, 1982, be received and
placed on mile.
Motion carried.
May 24, 1982
82433 - Moved by Bowers, seconded by Dowie
Page Two
that the Zoning Commission's recommendation of: approval be received
and placed on tile.
Motion carried.
82434 - Don Temeyer, Plan and Program Director reported that this section
was inadvertantiy omitted when the Cxeneral Regulations Section was
amended.
HOLD HEARING --This being the time and place of hearing, the Mayor
called for written and oral objections and there were none.
Moved by Dowie, seconded by Burton
that an "Ordinance amending Ordinance No. 2479, as amended, known as
the Zoning Ordinance, relar_.ing to New Section entitled "Street
Frontage Required", be received, placed on file, considered and
passed dor t:he first time. Ayes: Seven.
Motion carried.
82435 - Moved by Getty, seconded by Bowers
that proof of publication of notice of public hearing on amendments
to F.Y. 1982 Budt7et as published in the Waterloo Courier on May 18,
1982, be r. ece ivied and placed on file.
Motion carried.
82.436 - HOLD HEARING --This being the time and place of hearing, the Mayor
called for written and oral objections and there were none.
Moved by Bowers, seconded by Dowie
that "Resolution approving amended budget for F.Y. 1982", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 1982-
198.
ORAL PRESENTATIONS
82437 - Evelyn Burke, 1007 Logan Avenue, asked if anything had been done
with the trees and vegetation obstructing site distance at the
intersection of Logan Avenue and Conger, referred to under C.R.
82391 of May 17, 1982. Police Chief Grimm stated that the situation
will be remedied.
Councilman '�Urton stated that Waterloo Cablevision has refused to
install_ lines -t -r, --,e of charge to the golf pro shops. The ordinance
requires that they provide this service free of charge to public
buildings.
Moved by Burton, seconded by Wilharm
that this matter_ be referred to the City Attorney for review and
appropriate action.
Motion carried.
May 2.4, 1982 Page Three
PETITIONS FROM. PUBLIC
82438 - Moved by Wil -harm, seconded by Roehr
that request of Michael E. Coyne, 4061 North Avenue; Pamela P.
Pau!_ey, 54P Foulk koad; and Dennis L. Maurer, 111 Greenbrier Road
for permission to construct temr?orary asphalt: driveways, and David
L. Becker, I2.5 ,n},._c l -pow for permission to construct a temporary
concrete dr..i_veway, withot"t regard to sidewalk grade, toget}-Ier with
$3 each for r_ec.(_)rdi ng waiver <].rid City t:nginoer's recommendation of
approval sub iec~_ to thc, provisions of his letter, be received,
pith-Ce(I on ? le and 3.pprove and "Resolut:i_ongranting permission to
Michael F. Coyne, 406! North Avenue; Pamela i'. Paulev, )47} Foulk
Road and Denn ,s L. �l.:t?tr.er, 1 1 1 !Yreenbrier. author. izing construction
of u-miiporary Jopl-i It C'riveway s ; and '.)avi_d L. Becker, 725 Longfellow
authori_zl']g cons true tion ot:: .a temoorary concrete driveway
irr.especr_i.ve of a a� t..er o__f.ici"Ll. grade", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 1982-
199, 200, 2U) , and 2.02. r. est?ec t ive_ v. Ayes. Seven.
82439 - Moved by }bowie, seconded by Wilharm
that request of Herbert }:mils for the City Council on its motion to
rezone ?_rom 11�'-3" Mu}t!_ple Family 'tesilionce District to "C-2"
CUID1nerC.al I!]_ct.r.tCt a. parcel of 'Ind gonerally located between
Argyle and Almond :;treots aiid east: of !owa Street, to{,ether With
Zoning recommendation of approval, be rece?_ved, placed
on file and "Xesolut.Lon date of as, JL.i.ne 14, 1982 at
p.m. in t.ho +_'ity !ijt1_.' Counc' R_ C;han)bers on proposal
to 1"E'Z.One said
property", be adopte(' and Deputy C_'_erk instructed to publish notice
of hear.._ng. Ayes : `seven.
Resolution adopted and upon approval by Mayor, assigned No. 1982-
20:3. Ayes: Seven
82440 - Moved by Dowie, seconded by Wilharm
that communication from .Plan and Program Commission transmitting
request of Bob Kennody to vacate, se'_ _ and convey an alley generally
located northwesterly ot_ the C;hicapo-Nor thwest(2rn Railroad and south
of Campbell Avenue (Lewis '4ill_er_ "s ';mull Farm) , together with
rocot11mend.ation Of aj)1,)r0VtL1'
_, be recti! ved, pl_ac('d• On File and
"Res oIution sett_i_np, dare' ofhearing as June 14, 1982 at 7 p.m. in
}
tete City all Cottn(Al Cha111berS UTI proposal to vacate, sell and
convey said al �_E'y' be .adopted and '�eC)Ut.y Clerk instructed t0
publish notice of hear.iT)g. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 1982-
104.
82441 - Moved by Dowie, seconded by Wilharm
that communication from T) Ian and Program Commission transmitting
request of' Marlyn Clark to vac,-tte, sell and convey an alley
generally locatod worth of Now!,on Street .-Arid east of Fairview
`;tT..'eet, together wa_r.h I'lcl.11 an(!-Nro4;rca111 CO1T11I17_sSion's rE'CO1(ImE'ndatlOn
of approval_ be received, pierced on file and "!%'esoluti_on setting date
of hearing as J11ne '4, 19(62. .at- 7 P.M. in the City Ra 1 Council
Challlbers on pro', osr a _ 1--o vacate, st'l_l and convey said alley", be
adopted arid 9,2p,a y Clerk- TIs,I;rttct+`_'El to publish not ice o+_ hearing.
Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No.
1182-205.
May 24, 1982 Page Four
UNFINISHED BUSINESS
82442 - Moved by Burton, seconded by Wilharm
that recommendation of award of contract of Each Fountain and Shirey
Plaza of WaLorloo RecreaLion and Arts Center co the low bidder of
Cardinal COnstruction Company, Inc. in the amount of $243,05.00
be received, placed on file and "Resolution awarding contract to
Cardinal Construction Company, ine. in the amount of $143,120.00
for the Rath Fountain and ShIrey Plaza of Waterloo Recreation
Center", be Vopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 1982-
206.
REPORTS
82.443 - Moved by Wilharm, seconded by Burton
that commu"icarRon from the lova DegarLmenn of Transportation
Ktormipp Qe City of its Intention no un0ortake 00 resurfacing of
U.S. Hiphway 20 between East SevenY Kireet and Lafayekre Street, in
Accor dalce with Worm 810034, "Agreement for Primary Road Rxtension
Maintenance and Operating", be received and placed on file.
Motion carried.
82444 - Moved by Burton, seconded by Bowers
that the repor~ of Sign and Traffic making recommendation for
parking on Moria" Road referreC to under C.R. 82349 o! Way 10, 1982
be received, placed on file, approved and referred to city' Attorney
for nubmissLo" of ordinance accord ing1y.
Motion carried.
DOCUMENTS
82445 - Moved by Penal una, seconded by Burton
that contract, bonds,
and
certificate of insurance from Cardinal
COnstvuCtiu"
Company,
Tne.
for Rach Fountain and
Shirey Plaza oj--'
Waterloo Recroarion
"Resolution
and
Arts
Center be receiveo,
place& on f1le and
a"ProvLng
approval be received,
said
contract and bond of
Cardinal
ConstrucKon
Comoany,
inc."
he adoptod and Mayor
and Uoputy Clerk be
authorized to
execute
same.
Ayes: Seven.
Resolution nOopred and upon approval by Mayor, assigned No. 1982-
201.
82446 - Moved by Dowie, seconded by Getty
that Change Order
No. 1 with Ce oar
Vaiiey Corporation
for work
performee in connecQon
wtch F.Y,
1982 Paving Program,
n0islon 1,
Gontraen No. 213,
wtnh increase in
contract of $2,240
together with
Qvy Knginpvr's recomme116ation
of
approval be received,
pi aced oil
file and Mayo- and
Deputy Clerk authorized
to execute
same.
Motion carried.
May 24, 1982
RESOLUTIONS TO BE ADOPTED
82447 - Moved by Bowers, seconded by Roehr
Page Five
that "Resolution authorizing amendment to Grant Agreement No.
B -79 -AA -19-0004 (Rath Urban Development Action Grant Agreement) in
conjunction with payment of interest and principal", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 1982-
208.
82448 - Moved by Roehr, seconded by Wilharm
that "Resolution authorizing condemnation of certain real property
for the Hackett Road By -Pass owned by William G. Miller and John G.
Miller", be adopted and City Attorney instructed to proceed
accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 1982-
209.
ORDINANCES TO BE ADOPTED
82449 - Councilman Burton reported that the proposed ordinance had been sent
to the concerned heating and air conditioning contractors for their
input.
Moved by Wilharm, seconded by Bowers
that an "Ordinance amending City Heating, Air Conditioning and
Ventilating Ordinance No. 1971, of Waterloo, Iowa, as amended, by
repealing in its entirety Section 102 of Article I "Eligibility",
and enacting in lieu thereof a new Section 102 of Article I
"Eligibility", be received, placed on file, considered and passed
for the first time. Ayes: Seven.
Motion carried.
82450 Councilman Burton indicated that bus benches should not be allowed
in one and two family residence districts and that only requiring a
maintenance free surfacing was not adequate.
Moved by Wilharm, seconded by Bowers
that an "Ordinance amending the Code of Ordinances of the City of
Waterloo, Iowa, by adding Subsections 33-54.1 through 33-54.13, all
regarding bus stop benches, under Chapter 33-54, bus stop benches:
Placement authorizing; removal: Maintenance", be received, placed
on file, considered and passed for the first time. Ayes: Six.
Nays: Burton.
Motion carried.
82451 - Moved by Wilharm, seconded by Bowers
that an "Ordinance amending Ordinance No. 2479, as amended, known as
the Zoning Ordinance by repealing Part XXII "Exceptions and
Modifications B-1 Structures Permitted above height limit and
enacting in lieu thereof a new Part XXII "Exceptions ani
Modifications", Subsection 2A-48, Exceptions and Modificatins, B-4
Radio and Television Studios, Towers and Transmitting Facilities",
be received, placed on file, considered and passed for the second
time. Ayes: Seven.
Motion carried.
I
May 24, 1982
82452 - Moved by Roehr, seconded by Bowers
Page Six
that an "Ordinance amending Ordinance No. 2479, as amended, known as
the Zoning Ordinance, relating to the Exceptions and Modifications
Section relating to radio and television studios, towers and
transmitting facilities", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor, assigned No. 3211.
82453 - Moved by Wilharm, seconded by Getty
that the rules requiring ordinances to be considered and voted for
passage of two prior meetings, be suspended, the above ordinance
recorded as having been considered and passed for the third time,
and now placed on its final adoption. Ayes: Seven. (See C.R.
82454).
Motion carried.
82454 - Moved by Bowers, seconded by Wilharm
that an "Ordinance amending Ordinance No. 2479, as amended, known as
the Zoning Ordinance relating to rear yard requirements in
Industrial Districts", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor, assigned No. 3212.
82455 - Moved by Dowie, seconded by Burton
that an "Ordinance establishing and designating the boundaries of an
Urban Revitalization Area known as the Washington Urban
Revitalization Area in the City of Waterloo", be adopted. Ayes:
Six. Nays: Roehr.
Ordinance adopted and upon approval by Mayor, assigned No. 3213.
BILLS -PAYMENT
82456 - Moved by Dowie, seconded by Roehr
that "Bills, Resolution, Schedule 'A'" be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 1982-
210.
32457 - Moved by Roehr, seconded by Penaluna
that "Resolution authorizing payment of the following statements for
work completed by companies and amounts together with recommendation
'of approval:
Castle Hill Drainage Improvements, Helen Road Culvert
Replacement and Railroad Cut, --Twin Cities Testing and
Engineering, Contract No. 222-$40.
Evaluation and Planning for the Hackett Road By -Pass --Brice,
Petrides and Associates, Inc. --$23,016.94," be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor, assigned No. 1982-
211.
I
May 24, 1982
Page Seven
82458 - Mayor Rooff recommended that an additional $500,000 be added to the
bond issue for street improvements with the total amount of sale to be
$8,375,000.
Moved by Wilharm, seconded by Bowers
that communication from Mayor Leo P. Rooff recommending that the City
of Waterloo proceed with the issuance of General Obligation Bonds in
the amount of $8,375,000 for those projects listed in communication be
received, placed on file and "Resolution authorizing the City of
Waterloo to proceed with issuance of General Obligation Bonds in the
amount of $8,375,000, directing the City Clerk to begin proceedings
for the bond sale and employ the bonding attorneys of Ahlers, Cooney,
Dorweiler, Haynie and Smith", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 1982-
212.
Councilman Penaluna asked that the additional $500,000 for street
improvements be defined by the next meeting.
82459 - Moved by Burton, seconded by Dowie
that communication from Plan and Program Commission transmitting
recommendation of approval for vacation of Memorial Court, in
conjunction with constructing of Conway Vicinity Parking Ramp and
Retail Area be received, placed on file and "Resolution setting date
of hearing as June 14, 1982 at 7 p.m. in the City Hall Council
Chambers on proposal to vacate portion of Memorial Court", be adopted
and Deputy Clerk instructed to publish notice of hearing. Ayes:
Seven.
Resolution adopted and upon approval by Mayor, assigned No. 1982-
213.
82460 - Moved by Dowie, seconded by Getty
that communication from Plan and Program Commission transmitting site
plan for Conway Vicinity Parking Ramp and Retail Area, together with
recommendation of approval be received, placed on file and "Resolution
setting date of hearing as June 14, 1982 at 7 p.m. in the City Hall
Council Chambers on review of said site plan", be adopted and Deputy
City Clerk instructed to publish notice of hearing. Ayes: Seven.
Resolution adopted and upon approval of Mayor, assigned No. 1982-
214.
82461 - Moved by Roehr, seconded by Getty
that communication from Zoning Commission transmitting proposed
changes to Ordinance No. 2479, as amended, Zoning Ordinance relating
to the "R -P" Planned Residence District, together with recommendation
of approval, be received, placed on file, and "Resolution setting date
of hearing as June 14, 1982 at 7 p.m. in the City Hall Council
Chambers on proposed amendments to said ordinance", be adopted and
Deputy Clerk instructed to publish notice of hearing. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 1982-215.
May 24, 1982 Page Eight
82462 - Moved by Getty, seconded by Bowers
that communication from Mayor Leo P. Rooff transmitting recommendation
on appointment of Rev. Carlos Jayne, Jr. of 307 West Louise Street, to
the Waterloo Commission on Human Rights with term expiration of
January 1, 1985, be received, placed on file and approved.
Motion carried.
82463 - Mayor Rooff reported that the Attorney had ruled that the expenditure
of money for travel outside the United States was legal and that the
expenses were an approved budget item.
Moved by Wilharm, seconded by Bowers
that the following request for permission to attend function, with
expenses allowed not to exceed amounts shown, be received, placed on
file, and approved.
Human Rights Director to attend International Association of Human
Rights Agencies, Halifax, Nova Scotia, July 11-17, 1982--$1,500.
Ayes: Six. Nays: Getty.
Motion carried.
MISCELLANEOUS
82464 - Moved by Wilharm, seconded by Getty
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 Li,-:�nse Permit Applications
Class C
Lawrence E. Mether dba Larry's Lounge, 1831 Independence Avenue
(Renewal) Expires June 1, 1983.
The Purple Parrott, Inc., 2043 Logan Avenue (Renewal) Expires June 1,
1983.
Dennis Cunningham and Wendy Lentzkow dba The Ritz Beer Garden, 320
West Fourth Street (Renewal) Expires June 1, 1983.
Benevolent and Protective Order of Elks, #290, Inc, 407 East Park
Avenue (Renewal) Expires July 1, 1983.
Conway Civic Center, 200 West Fourth Street (Renewal) Expires June 5,
1983.
Beer License Permit Applications
Class B
Latin-American Clut. of Waterloo,
Iowa (New) Expires June 22, 1983.
Beer and Liquor License Permit Applications-Sundav Sales
Class C
Dennis Cunningham and Wendy Lentzkow dba The Ritz Beer Garden, 320
West Fourth Street (Renewal) Expires June 1, 1983.
E1 Toro Lounge, Inc., 3005 University Avenue (Renewal) Expires June 1,
1983.
Benevolent and Protective Order of Elks, #290 Inc., 407 East Park
Avenue (Renewal) Expires July 1, 1983.
Conway Civic Center, 200 West Fourth Street (Renewal) Expires June 5,
1983.
Motion carried.
k
T �
., �.%..
May 24, 1982
82465 - Moved by Penaluna, seconded by Burton
60
Page Nine
that the following application for dance license be received, placed
on file and approved:
Electric Park Ballroom
310 West Conger
Motion carried.
82466 - Moved by Bowers, seconded by Getty
that the following application for scavenger license permit be
received, placed on file and approved:
Don MacManon dba Mar -Mac Septic Tank Service
Motion carried.
82467 - Moved by Roehr, seconded by Wilharm
that the following application for auto salvage yard license permit be
received, placed on file and approved:
Victor H. Fuller dba Fuller Salvage and Wrecking Company
2113 Mitchell Avenue
Motion carried.
82468 - Moved by Bowers, seconded by Burton
that the following applications for junk dealer license permit
applications be received, placed on file, and approved:
Victor H. Fuller dba Fuller Salvage and Wrecking Company
2113 Mitchell Avenue.
Howard Tournier, 900 Fulton
Motion carried.
BONDS
82469 - Moved by Burton, seconded by Getty
that report of City Attorney and list of bonds filed with Clerk
through May 24, 1982 be received, placed on file and report and bonds
approved. Motion carried.
82470 - Moved by Getty, seconded by Dowie
that the Council adjourn. Motion carried.
Michelle Temeyer
Deputy City Clerk