HomeMy WebLinkAbout05/03/82May 3, 1982
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 May 3, 1982. Mayor Rooff in
the Chair. On Roll Call: Present: Dowie, Burton, Bowers, Getty, Penaluna,
Roehr. Absent: Wilharm. Invocation by Councilman Bowers.
82275 - Moved by Roehr, seconded by Dowie
that the Agenda, as amended, for the Regular Session of May 3, 1982, at
7:00 P.M., be accepted and approved. Motion carried.
82276 - Moved by Burton, seconded by Dowie
that the minutes of the Regular Session held April 26, 1982 at 7:00
P.M. be approved. Motion carried.
HEARINGS
82277 - Moved by Dowie, seconded by Bowers
that proof of publication of notice of public hearing on issuance of
$1,690.000 Principal Amount of General Obligation Bonds (in conjunction
with East Side Parking Ramp) be received and placed on file. Motion
carried.
82278 - Hold Hearing-- This being the time and place of hearing, the Mayor
called for written and oral objections and there were none.
Moved by Roehr, seconded by Bowers
that "Resolution instituting proceedings to take additional action for
the issuance of, not to exceed $1,690,000 General Obligation Bonds," be
adopted. Ayes: Six. Absent: Wilharm.
Resolution adopted and upon approval by Mayor, assigned No. 1982-151.
82279 - Moved by Roehr, seconded by Getty
that proof of publication of notice of public hearing of issuance of
$810,000 General Obligation Bonds (for Essential Corporate Purpose and
in conjunction with East Side Parking Ramp) be received and placed on
file. Motion carried.
82280 - 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 "Resolution instituting proceedings to take additional action for
the issuance of and not to exceed $810,000 General Obligation Bonds",
be adopted. Ayes: Six. Absent: Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1982-152.
82281 - Moved by Roehr, seconded by Bowers
that proof of publication of notice of public hearing on proposed sale
of Disposal Parcel 42 b -c, 300 Iowa Street, Logan Avenue Urban Renewal
Area, Project Iowa R-2, to Herbert Emily be received and placed on
file. Motion carried.
82282 - 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 Burton
that "Resolution approving the sale of Disposal Parcel No. 42 b -c in
the Logan Avenue Urban Renewal Area, Project No. Iowa R-2 and
authorizing the execution of the necessary contract for sale of land
for private redevelopment and deed", be adopted. Ayes: Six. Absent:
Wilharm.
Resolution adopted and upon approval by Mayor, assigned No. 1982-153.
May 3, 1982 -2-
ORAL PRESENTATIONS
82283 - Moved by Burton, seconded by Bowers
that the communication from Mayor Leo P. Rooff recommending approval of
contract with the National League of Cities for the purposes of study
of the organizational structure of the Police Department be received,
placed on file, and "Resolution authorizing Mayor and Clerk/Auditor to
enter into contract with the National League of Cities for review of
the Police Department, not to exceed $40,000", be adopted. Ayes: Six.
Absent: Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1982-154.
82284 - Moved by Bowers, seconded by Roehr
that petition opposing the issuance of a beer and liquor license
application in the 600 block of Independence be received and placed on
file. Motion carried.
82285 - Bea Allen, 615 Cottage, opposed the use of "nigger" by Policemen on
police scanners. Its use has been heard frequently by her. She also
asked what would be done about cleaning up City View Heights.
Moved by Bowers, seconded by Burton
to receive and place on file the above remarks. Motion carried.
82286 - Moved by Penaluna, seconded by Bowers
that C.R. #82203, of April 19, 1982 relating to payment of accumulated
sick leave and vacation pay to Colin Shillinglaw and Dana Anderson,
retirees of the Fire Department, be rescinded. (See C.R. 82289 for
further action). Ayes: Dowie, Bowers, Getty, Penaluna. Nays:
Burton, Roehr. Absent: Wilharm. Motion carried.
PETITIONS FROM PUBLIC
82287 - Moved by Roehr, seconded by Bowers
that communication from City Engineer transmitting request of
Barleycorn Lounge, 2421 Falls, to asphalt alley lying adjacent to
property, together with recommendation of approval, be received,
placed on file and approved. Motion carried.
82288 - Moved by Burton, seconded by Penaluna
that communication from City Engineer transmitting request of Dale J.
Clark Contracting Company for permission to install an additional curb
cut and asphalt drive at 1644 Wakonda Drive, on behalf of Mr. and Mrs.
Vaylard Lemke, together with recommendation of denial, be received,
placed on file and request approved. Motion carried.
82289 - Moved by Getty, seconded by Bowers
that "Resolution authorizing payment to Dana R. Anderson in the amount
of $6,126.66 and Colin M. Shillinglaw in the amount of $5,090.40,
retirees of the Fire Department, for accumulated sick leave", be
adopted with the stipulation that this action does not set a precedent
based on state and federal guidelines. Ayes: Five. Nays: Roehr.
Absent: Wilharm.
Resolution adopted and upon approval by Mayor, assigned No. 1982-155.
82290 - Several questions were raised regarding the condition of the alley
between Fletcher Avenue and Columbia Circle from Elston Avenue to
Kingbard due to the draining of private swimming pool into the area.
The permanency of an oiling job was therefore questioned.
Moved by Dowie, seconded by Bowers
that communication from City Engineer transmitting a list of streets,
and alleys which have been petitioned for oiling in the F.Y. 1983
Oiling Program, Contract No. 235, together with recommendation that
those streets and alleys with 50 percent or more petitioned signatures
be included in said pro,*ct with the deletion of WallgatWvenue to
May 3, 1982
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Falls Avenue and alley between Denver and Baltimore from Williston to
Pleasant Street.
The following amendment was made to the above motion:
Moved by Getty, seconded by Bowers to delete the alley between Fletcher
Avenue and Columbia Circle from Elston Avenue to Kingbard from the F.Y.
1983 Oiling Program, Contract No. 235. Ayes: Five. Nay: Dowie.
Absent: Wilharm. Motion carried.
82291 - The original motion was then voted on (See C.R. #82290). Ayes: Six.
Absent: Wilharm. Motion carried.
UNFINISHED BUSINESS
82292 - Don Temeyer, Plan and Program Director, presented a summary of the
existing bus bench situation of Professional Services, Inc.
Searles Hayden, 2611 Manor, stated that the bus benches should be
treated as a sign and therefore comply with the sign ordinance. The
existing sign ordinance contains conflicting sections as well as
unconstitutional clauses.
Bob Braun, attorney representing Terry Chesmore, dba Professional
Services, Inc., reported that his client was willing to work with the
City in gaining compliance with all ordinances. He stated that there
was some confusion as to the applicable ordinances and their
interpretation.
Mayor Rooff reported that Mr. Chesmore was aware of what was expected
of bus bench placement.
Moved by Getty, seconded by Penaluna
to receive and place on file the above comments. Ayes: Six. Absent:
Wilharm. Motion carried.
82293 - Moved by Roehr, seconded by Bowers
to refer the above matter to the Plan and Program Commission for
further review with Professional Services, Inc. and report back to the
Council. Motion carried.
82294 - Moved by Burton, seconded by Getty
that communication from Mayor Leo P. Rooff transmitting lease agreement
for McElroy Auditorium be received, placed on file, and "Resolution
setting date of hearing as May 10, 1982 at 7:00 P.M. in the City Hall
Council Chambers on said proposed lease agreement", be adopted and
Clerk/Auditor instructed to publish notice of hearing accordingly.
Ayes: Six. Absent: Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1982-156.
82295 - Moved by Bowers, seconded by Getty
that communication from Assistant City Engineer transmitting
recommendation on award of contract of the F.Y. 1982 N.H.S. Oneida
Street Paving Program No. 2, Contract No. 231 to the low bidder, Cedar
Valley Corporation in the amount of $133,177.31 be received, placed on
file, and "Resolution awarding to Cedar Valley Corporation in the
amount of $133,177.31 for the F.Y. 1982 N.H.S. Oneida Street Paving
Program No. 2, Contract No. 231", be adopted. Ayes: Six. Absent:
Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1982-157.
REPORTS
82296 - Moved by Roehr, seconded by Dowie
that communication from Plan and Program Department requesting date of
hearing for sale of additional property to the First Judicial District
for use as a Correctional Facility site generally located at East Sixth
May 3, 1982 -4-
and Lafayette be received, placed on file, and "Resolution setting date
of hearing as May 10, 1982 at 7:00 P.M. in the City Hall Council
Chambers on proposal to sell additional 14 feet to the First Judicial
District", be adopted and instruct Clerk/Auditor to publish notice of
hearing accordingly. Ayes: Six. Absent: Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1982-158.
DOCUMENTS
82297 - Moved by Dowie, seconded by Penaluna
that communication from Community Development Administrator
transmitting contract, bonds, and certificates of insurance from
Ernster and Company, Inc. for F.Y. 1982 Construction of the Peek Street
Sanitary Sewer Extention, Contract No. 229 be received, placed on file
and Resolution approving said contract, bond and certificate of
insurance", be adopted. Ayes: Six. Absent: Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1982-159.
82298 - Moved by Penaluna, seconded by Bowers
that final plat of Sperry Addition, together with Engineer's
Certificate of Survey, Deed of Dedication, Petition and Waiver, Report
of City Engineer and Plan and Program Commission's recommendation of
approval be received, placed on file, and "Resolution approving final
plat of Sperry Addition", be adopted. Ayes: Six. Absent: Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1982-160.
82299 - Moved by Roehr, seconded by Penaluna
that communication from Plan and Program Commission transmitting
recommendation of approval on dedication of utility easement in
Granger's Second Addition, along west 10 feet of Tract C and the East 5
feet of Lot 139 be received, placed on file, and "Resolution accepting
utility easement in Granger's Second Addition", be adopted and
Clerk/Auditor instructed to record same. Ayes: Six. Absent:
Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1982-161.
82300 - Moved by Dowie, seconded by Bowers
that committee from City Engineer, advising improvements required as a
condition precedent to final approval of plat of the addition known as
Heartland Hills, have been completed in substantial conformance with
construction plans stated and requirements of his office, submitting
two-year maintenance bond for street and sewer improvements and
acceptance of said addition and bonds, be received, filed, approved and
accepted with effective dates of bonds being that of final Council
approval. Motion carried.
RESOLUTIONS TO BE ADOPTED
82301 - Moved by Roehr, seconded by Getty
that "Resolution directing the sale of $51,000 Street Improvement Bonds
to Shaw, McDermott and Company in conjunction with the F.Y. 1981 Paving
Program, Contract No. 213", be adopted. Ayes: Six. Absent:
Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1982-162.
ORDINANCES TO BE ADOPTED
82302 - Moved by Getty, seconded by Bowers
that the rules requiring ordinances to be considered and voted for
passage at two prior meetings, be suspended, the below ordinance
recorded as having been considered and passed for the second and third
times, and now placed on its final adoption. (See C.R. 82303). Ayes:
Six. Absent: Wilharm. Motion carried.
May 3, 1982 -5-
82303 - Moved by Bowers, seconded by Burton
that "an ordinance vacating a portion of relocated Cedar Street", be
adopted. Ayes: Six. Absent: Wilharm.
Ordinance adopted and upon approval by Mayor assigned No. 3203.
82304 - Moved by Dowie, seconded by Getty
that the rules requiring ordinances to be considered and voted for
passage at two prior meetings, be suspended, the below ordinance
recorded as having been considered and passed for the second and third
times, and now placed on its final adoption. (See C.R. 82305). Ayes:
Six. Absent: Wilharm. Motion carried.
82305 - Moved by Penaluna, seconded by Dowie
that "an ordinance vacating a portion of 80 feet right-of-way of West
Second Street located northeasterly of relocated Cedar Street and
extends to the Cedar River", be adopted. Ayes: Six. Absent:
Wilharm.
Ordinance adopted and upon approval by Mayor assigned No. 3204.
82306 - Moved by Getty, seconded by Bowers
that the rules requiring ordinances to be considered and voted for
passage at two prior meetings, be suspended, the below ordinance
recorded as having been considered and passed for the second and third
times, and now placed on its final adoption. (See C.R. 82307). Ayes:
Six. Absent: Wilharm. Motion carried.
82307 - Moved by Dowie, seconded by Burton
that "an ordinance vacating portions of alleys between West First and
West Second Streets", be adopted. Ayes: Six. Absent: Wilharm.
Ordinance adopted and upon approval by Mayor assigned No. 3205.
82308 - Moved by Roehr, seconded by Penaluna
that the rules requiring ordinances to be considered and voted for
passage at two prior meetings be suspended, the below ordinance
recorded as having been considered and passed for the second and third
times, and now placed on its final adoption. (See C.R. 82309). Ayes:
Six. Absent: Wilharm. Motion carried.
82309 - Moved by Burton, seconded by Roehr
that "an ordinance vacating portions of alleys south of Mitchell Avenue
and east of Lowell Avenue", be adopted. Ayes: Six. Absent:
Wilharm.
Ordinance adopted and upon approval by Mayor assigned No. 3206.
82310 - Moved by Dowie, seconded by Roehr
that "resolution authorizing sale and conveyance of portions of alleys
south of Mitchell Avenue and east of Lowell Avenue to Gary W. and
Caroline C. Wendel and Olaf E. and Mildred J. Olsen", be adopted.
Ayes: Six. Absent: Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1982-163.
82311 - Moved by Roehr, seconded by Burton
that "ordinance amending Ordinance No. 2479, as amended, known as the
Zoning Ordinance by repealing Part VIII R-2 One and Two Family
Residence District Subsection 2A-16 Lot Area, Lot Frontage and Yard
Requirements; and repealing: Part IX R-3 Multiple Residence District
Subsection 2A-19 Lot Area, Lot Frontage and Yard Requirements; and
repealing: Part X R-4 Multiple Residence District, Subsection 2a-22,
Lot Area, Lot Frontage and Yard Requirements; and enacting in lieu
thereof a new Part VIII R-2 One and Two Family Residence District:
May 3, 1982
Subsection 2A-16 Bulk Regulations; and enacting a new: Part XI R-3
Multiple Residence District Subsection 2A-19 Bulk Regulations; and
enacting a new: Part X R-4 Multiple Residence District Subsection
2A-22 Bulk Regulations", be received, placed on file and passed for the
second time. Ayes: Six. Absent: Wilharm. Motion carried.
82312 - Moved by Penaluna, seconded by Bowers
that "an ordinance establishing and designating the bounderies of an
Urban Revitalization Area in the City of Waterloo", be received, placed
on file and passed for the third time. Ayes: Six. Absent: Wilharm.
Motion carried. (Adoption delayed until May 24, 1982).
82313 - Moved by Dowie, seconded by Burton
that "an ordinance amending Chapter 34, Utilities, by repealing
Subsection (f) regarding sewer rental charges of Section 34-54; and
enacting in lieu thereof a new Subsection (f) regarding sewer rental
charges of Section 34-54", be received, placed on file and passed for
the third time. Ayes: Six. Absent: Wilharm. Motion carried.
82314 - Moved by Getty, seconded by Dowie
that "an ordinance amending Chapter 34, Utilities, by repealing
Subsection (f) regarding sewer rental charges of Section 34-54; and
enacting in lieu thereof a new Subsection (f) regarding sewer rental
charges of Section 34-54", be adopted. Ayes: Six. Absent: Wilharm.
Ordinance adopted and upon approval by Mayor assigned No. 3207.
NEW BUSINESS
82315 - Moved by Roehr, seconded by Bowers
that committee from Zoning Commission transmitting proposed changes in
Ordinance No. 2479, as amended, Zoning Ordinance, relating to reduction
of front widths in certain areas, together with Zoning Commission's
recommendation of approval be received, placed on file, and "Resolution
setting date of hearing as May 24, 1982 at 7:00 P.M. in the City Hall
Council Chambers on proposal to make said amendments to Ordinance No.
2479, as amended, Zoning Ordinance", be adopted and Clerk/Auditor
instructed to publish notice of hearing accordingly. Ayes: Six.
Absent: Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1982-164.
82316 - Moved by Bowers, seconded by Getty
that committee from Zoning Committee transmitting proposed changes in
Ordinance No. 2479, as amended, Zoning Ordinance, relating to Required
Street Frontage, together Zoning Committee's recommendation of
approval, be received, placed on file, and "Resolution setting date of
hearing as May 24, 1982 at 7:00 P.M. in the City Hall Council Changers
on proposal to make said amendments to Ordinance No. 2479, as amended,
Zoning Ordinance", be adopted and Clerk/Auditor instructed to publish
notice of hearing accordingly. Ayes: Six. Absent: Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1982-165.
82317 - Moved by Getty, seconded by Penaluna
that the following requests for permission to attend functions, with
expenses allowed not to exceed amounts shown, be received, placed on
file and approved:
Plumbing Inspector to attend 23rd Annual Meeting of the
Iowa Plumbing Inspector's Association, Cedar Falls, Iowa,
May 13 and 14, 1982. -- $75.
Director and two Sanitation Inspectors to attend 1982
Spring Conference of the Iowa Environmental Health
Association, Des Moines, Iowa, May 12 and 13, 1982. --
$90, plus use of City vehicle.
`� Ayes: Six. Absent: . Lklharm. Motion carried.
May 3, 1982 -7-
MISCELLANEOUS
82318 - Moved by Bowers, seconded by Roehr
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 Permit License Application:
Class B
CarPac, Inc., 3715 University Avenue (New)
(Seasonal) (11/1/82)
Waterloo Women's Softball Association, Exchange Park (New)
(Seasonal) (11/1/82)
Sunday Sales - Beer Permit License Applications:
Class B
CarPac, Inc., 3715 University Avenue (New)
(Seasonal) (11/1/82)
Waterloo Women's Softball Association, Exchange Park (New)
(Seasonal) (11/1/82)
Class C
Nash Finch Company dba Warehouse Market, 4026 Alexandra (New)
(9/17/82)
Motion carried.
82319 - Moved by Getty, seconded by Bowers
that the following application for Erection and Maintenance of Signs be
received, placed on file and approved: ( Mark A. Atkins, dba Atkins
Sign Service, 909 Third Avenue, Evansdale, Iowa). Motion carried.
82320 - Moved by Getty, seconded by Penaluna
that the following application for Ambulance Attendant and Attendant
Driver be received, placed on file and approved: (David Erickson, 523
West Sixth Street, Cedar Falls, Iowa). Motion carried.
82321 - Moved by Bowers, seconded by Burton
that the following applications for fireworks display be received,
placed on file and approved:
1) Waterloo Baseball, Inc.
850 Park Road
Waterloo, Iowa
2) Crossroads Center Merchant's Association of Waterloo, Inc.
124 Crossroads Boulevard
Waterloo, Iowa
Motion carried.
BONDS
82322 - Moved by Bowers, seconded by Dowie
that report of City Attorney and list of bonds filed with Clerk through
May 3, 1982 be received, placed on file and report and bonds approved.
Motion carried.
82323 - Jack Stainbrook, Waterloo Police Department, requested that the Council
meet in Executive Session.
Moved by Roehr, seconded by Dowie
that the Council meet in Executive Session to discuss grievance of Jack
Stainbrook. Ayes: Six. Absent: Wilharm. Motion carried.
May 3, 1982
82324 - Moved by Roehr, seconded by Bowers
that the Council adjourn Executive Session. Motion carried.
82325 - Moved by Roehr, seconded by Penaluna
that the Council adjourn. Motion carried.
Larry P. Burger
Clerk/Auditor