HomeMy WebLinkAbout01/04/82January 4, 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 Janaury 4, 1982. Mayor Rooff in the Chair. On Roll
Call: Present: Getty, Penaluna, Roehr, Wilharm, Bowers, Burton, Dowie. Invocation by
Councilman Wilharm.
81699 - Moved by Roehr, seconded by Dowie
that the Agenda, as proposed, for the.Reguiar Session of January 4, 1982, at 7:00 P.M.,
be accepted and approved. Motion carried.
81700 - Moved by Wilharm, seconded by Burton
that the minutes of the Special Session held December 21, 1981 at 6:30 P.M. be
approved. Motion carried.
81701 - Moved by Burton, seconded by Bowers
that the minutes of the Regular Session held December 21, 1981 at 7:00 P.M. be
approved. Motion carried.
81702 - Moved by Dowie, seconded by Roehr
that the minutes of the Regular Session held December 28, 1981 at 7:00 P.M. be
approved. Motion carried.
Mayor Rooff introduced David Zellhoefer, the new Assistant City Attorney to replace Bob
Griffin, who has resigned.
HEARINGS
81703 - Moved by Roehr, seconded by Wilharm
that proof of publication of notice of public hearing on request of William Hodges to
rezone 7 lots generally located between Adams and Cottage Streets and west of Linn
Street from "R-2" One and Two Family Residence District to "C-1" Commercial District as
published in the Waterloo Courier on December 18, 1981, be received and placed on file.
Motion carried.
81704 - HOLD HEARING - This being the time and place of hearing the Mayor called for written
and oral objections.
Moved by Wilharm, seconded by Dowie
to receive and place on file Zoning Commission's recommendation for approval. Motion
carried.
Bea Allen questioned why the Record Shop was required to have the property rezoned when
the area had been used for commercial purposes in the past.
Hugh Field, Attorney for William Hodges, explained that the Zoning Ordinance requires
non -conforming uses to revert back to the original zoning classification if the
non -conforming use ceases to exist for a period of one year or more. Thus, the
property was not correctly zoned to allow the operation of the record shop.
81705 - Moved by Wilharm, seconded by Bowers
that "an ordinance amending Ordinance No. 2479, as amended, by adding Subsection No..
195, Rezoning Certain Property to Section 2A-5", be received, placed on file and passed
for the first time. Ayes: Seven. Motion carried.
81706 - Hugh Field asked that the rules be suspended„so that the business could be put back
into operation.
January 4, 1982 Page 2
81706 - Continued.
Moved by Wilharm, seconded by Penaluna
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. Motion
carried.
81707 - Moved by Bowers, seconded by Wilharm
that "an ordinance amending Ordinance No. 2479, as amended, by adding Subsection No.
195, Rezoning Certain Property to Section 2A-5", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3184.
81708 - Moved by Bowers, seconded by Burton
that proof of publication of notice to property owners on public hearing on a proposed
Resolution of Necessity for F.Y. 1982 Paving Program, Contract No. 223 as published in
the Waterloo Courier on December 16 & 23, 1981 be received and placed on file. Motion
carried.
81709 - HOLD HEARING - This being the time and place of hearing, the Mayor called for written
and oral objections.
Moved by Roehr, seconded by Getty
to receive and place on file the written objection of the Illinois Central Gulf
Railroad and James Gallagher to the paving of Ashland and Linden Avenue, respectively.
Motion carried.
Moved by Roehr, seconded by none to continue hearing until Monday, January 11, 1982 in
order that the percentage of persons for and against each of the proposed streets can
be calculated. Motion died for lack of a second.
81710 - Wayne Smith opposed the paving of Ashland Avenue and stated that many people who had
signed the original petition of support now opposed the project.
One person in support and four against the paving of Ashland Avenue were present at
the meeting.
Ralph Anderson, City Engineer, explained the assessment notice and that the City,
Block Grant Funds, and property owners would share equally in the cost (one third
each).
Moved by Getty, seconded by Penaluna
to table hearing until Monday, January 11, 1982 to allow for calculation of percentages
for and against the proposals.
After further discussion, the mover and seconder withdrew their motion.
81711 - It was moved by Wilharm, seconded by Bowers
to delete Ashland Avenue from Riehl Street to W. Parker Street, including replacement
of partial intersections of Riehl Street, Dawson Street, Kern Street, Newton Street,
and W. Parker Street from the F.Y. 1982 Paving Program, Contract No. 223. Ayes:
Roehr, Wilharm, Bowers, Burton, Dowie. Nays: Getty, Penaluna. Motion carried.
f
81712 - Moved by Bowers, seconded by Wilharm
to include Linden Avenue from Glenwood Street to approximately 470 feet south including
replacement of intersection at Glenwood Street in the F.Y. 1982 Paving Program,
Contract No. 223. Motion carried.
81713 - Moved by Bowers, seconded by Burton
to include Wyoming Street from Prince Street to Lafayette Street including one-half
intersection at Prince Street in the F.Y. 1982 Paving Program, Contract No. 223.
Motion carried.
January 4, 1982 Page 3
81714 - Moved by Getty, seconded by Wilharm
to include Hartman Avenue from Magnolia Parkway to Knoll Avenue including full
intersections at Magnolia Parkway, Wallgate Avenue, Englewood Avenue and Knoll Avenue.
in the F.Y. 1982 Paving Program, Contract No. 223. Motion carried.
81715 - Moved by Roehr, seconded by Dowie
to include Kirkwood Avenue from Harwood Avenue to Bismark Avenue including full
intersection at Harwood Avenue and from Bismark Avenue to Upton Avenue including full
intersection at Stratford Avenue and replacement of a partial intersection at Bismark
Avenue in the F.Y. 1982 Paving Program, Contract No. 223. Motion carried.
81716 - Moved by Bowers, seconded by Dowie
to include Harwood Avenue from the west PTR of Kirkwood Avenue to approximately 39 feet
west in the F.Y. 1982 Paving Program, Contract No. 223. Motion carried.
81717 - Moved by Bowers, seconded by Getty
to include Oneida Street from Beech Street to Linden Avenue including one-half
intersection at Linden Avenue and replacement of partial intersection at Beech Street
in the F.Y. 1982 Paving Program, Contract No. 223, Motion carried.
81718 - Moved by Dowie, seconded by Burton
"Resolution sustaining objections to the F.Y. 1982 Paving Program, Contract No. 223",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1982-1.
81719 - Moved by Wilharm, seconded by Dowie
"Resolution amending Resolution of Necessity to the F.Y. 1982 Paving Program', Contract
No. 223", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1982-2.
81720 - Moved by Wilharm, seconded by Roehr
"Resolution of Necessity, as amended", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1982-3.
81721 - Moved by Wilharm, seconded by Burton
that "resolution directing Engineers to prepare detailed plans and specifications and
directing Attorney to prepare form of contract and notice to bidders on the "Waterloo,
Iowa, F.Y. 1982 Paving Program, Contract No. 223", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1982-4.
81722 - Moved by Dowie, seconded by Bowers
that City Engineer's detailed plans, specifications, form of contract, form of
proposal, preliminary estimate of cost, etc., and notice to bidders for the F.Y. 1982
Paving Program, Contract No. 223, be received, placed on file 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
for receiving same, and for a public hearing on plans, specifications, form of contract
and estimate of costs", be adopted and date set as January 25, 1982. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1982-5.
(See C.R.#81729 for further action.)
January 4, 1982 Page 4
j 81723 - Moved by Dowie, seconded by Burton
that proof of publication of notice of public hearing on the proposal of Ken -Jan, Inc.
to purchase Disposal Parcel No. 42-bc in the Logan Avenue Urban Renewal Area as
published in the Waterloo Courier on December 18, 1981 be received and placed on file.
Motion carried.
81724 - HOLD HEARING - This being the time and place of hearing the Mayor called for written
and oral objection.
Moved by Burton, seconded by Dowie
to receive and file petition against the construction of a halfway house at 300 Iowa
Street. Motion carried.
81725 - Eddie Denton, 206 Iowa Street, opposed the proposed location of the correctional
facility. He felt that the proximity of the Lily Ferguson Child Day Care Center and
taverns provided inappropriate surroundings for the facility. The construction of the
facility at this site neglected neighborhood feelings. He asked the Council's
rejection of the sale.
Hugh Field, Attorney for Ken -Jan, Inc., (buyers of said property) stated that the
proposed structure would occupy 14,000 sq. ft. and would replace the Ellis Hotel as a
correctional facility. He reminded the audience that the current facility has not
experienced problems in the past with the residents. The proximity of the proposed
facility to the Courthouse and other administrative offices would be helpful.
Stan Kennedy, 1112 Vine Street, stated his objection to the facility. He especially
was critical of the method in which the site plan for a special permit was handled at
the Plan and Program Commission and City Council level. He indicated that the
intention was to deliberately "slip the proposal through" without the benefit of proper
notification.
In response, Mayor Rooff questioned why he did not offer a motion to delay action at
the Plan and Program Commission meeting of which he is a member until more information
was gathered.
Bea Allen suggested that inadequate notification was given for the hearing and that a
location on the west side of the Cedar River be considered for the correctional center.
She stated that blacks should not be treated as second class citizens.
Roosevelt Taylor, 311 Iowa Street, suggested that an alternate site be selected for the
facility.
Maxine Scott presented petitions signed by persons in opposition to the correctional
facility. She also suggested that a site be selected in close proximity to jobs for
to the residents. Placement of the facility on Iowa Street adds to the existing
problems of Sullivan Park.
Henry Parker, 1155 Indiana Avenue, stated that based upon the past Council's decisions,
he would ask their good judgment on selection of a site for the correctional facility.
Such a facility is not best suited on the east side.
Louise Cribbs, 1109 Lantern Square, stated that she lives on the west side because of
necessity rather than choice. Due to the continual residential and commercial
expansion of the west side, she suggested that a west side location be considered. She
opposed the proposed east side location.
Beverly Cook, Administrator of the Lily Ferguson Child Day Care Center, stated that her
facility would close if the facility were constructed at 300 Iowa Street. She opposed
the location.
Donna Zilk, 514 Ankeny Street, an employee of the Lily Ferguson Child Day Care Center,
suggested that the facility was too close to the day care center, as well as the
elderly and handicapped housing project at the intersection of E. 4th and Walnut
Streets.
January 4, 1982
81725 - Continued.
Page 5
Dave Dutton, representing the First Judicial District, spoke in favor of the site. He
suggested that the facility was desperately needed to rehabilitate persons prior to
their entrance back into society. Since the opening of the Ellis Hotel in January,
1976, no major incident has resulted. The proposed location would be close to the Job
Services building and counselors.
Bea Allen suggested that a Recreational Facility was badly needed in the area.
Jim Porter, Community Enabler, opposed the proposed location and asked that the City
investigate other possible sites for the facility. Other uses would be more suitable
to the site.
Moved by Wilharm, seconded by Bowers
to receive and place on file the above comments. Motion carried.
81726 - Moved by Wilharm, seconded by Bowers
that "Resolution approving the sale of Disposal Parcel No. 42-bc 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 denied.
Ayes: Burton, Bowers, Getty, Penaluna, Roehr, Wilharm. Nays: Dowie, Roehr. Motion
carried.
Due to the denial of the sale of the above-described parcel, the two (2) subsequent
public hearings on the site plan for a special permit for the Correctional Facility and
the sale of Urban Renewal Bonds ($740,000) were declared moot by the City Attorney.
ORAL PRESENTATIONS
81727 - Several residents asked that the parking situation along Hartman Avenue be reviewed.
Moved by Roehr, seconded by Dowie
to receive and file the above comments and refer to the Sign and Traffic Department for
review and recommendation. Motion carried.
Councilman Burton asked that a report be given on snow removal due to the large snow
falls that have recently occurred.
The Mayor stated that a snow emergency would be declared in the near future to allow
implementation of the odd -even parking.
81728 - Elmer Moeller, 755 Dawson Street, questioned why the Council had chosen to delete
Ashland Avenue from the F.Y. 1982 Paving Program, Contract No. 223 (See C.R.#81711)
when many persons had petitioned for its construction.
Moved by Wilharm, seconded by Dowie
to reconsider action taken under C.R.#81711 to delete Ashland Avenue from the F.Y. 1982
Paving Program, Contract No. 223 until Monday, January 11, 1982 at 7:00 P.M., City Hall
Council Chambers. Motion carried.
81729 - It was explained that due to the need to publish the notice for invitation for bids
prior to the Council Meeting on January 11, 1982, the bid letting would need to be
delayed one week for adequate time to publish notice of bid taking.
Moved by Roehr, seconded by Dowie
to rescind Resolution No. 1982-5 and "Resolution ordering bids, approving plans,
specfications and form of contract and notice to bidder, fixing amount of bid security
and ordering Clerk to publish notice and fixing a date for receiving same, and for a
public hearing on plans, specifications, form of contract and estimate of costs", be
adopted, and date set as February 1, 1982. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1982-6.
January 4, 1982 Page 6
81730 - Moved by Getty, seconded by Wilharm
to receive and place on file the petition signed by property owners requesting paving
of Ashland Avenue. Motion carried.
UNFINISHED BUSINESS
81731 - Moved by Dowie, seconded by Bowers
that agreement by and between the City of Waterloo, Iowa and Investment Advisers, Inc.
for investment management services for the City of Waterloo be received, placed on file
and "Resolution authorizing and approving the execution of an agreement by and between
the City of Waterloo, Iowa and Investment Advisers, Inc. for investment management
services for the City of Waterloo", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1982-7.
REPORTS
81732 - Councilman Dowie asked if the document contained equal standards for all ranks.
Councilman Getty stated that perhaps the provision requiring all policemen to wear
bullet-proof vests be further reviewed.
Moved by Roehr, seconded by Bowers
that communication from Police Chief transmitting updated Rules and Regulations for the
Waterloo Police Department be received, placed on file and approved. Motion carried.
81733 - Moved by Roehr, seconded by Dowie
that communciation from Plan and Program Commission transmitting Intergovernmental
Agreement between the City of Waterloo and the City of Cedar Falls for the construction
of Deere Road be received, placed on file and "resolution authorizing execution of
Intergovernmental Agreement between the City of Waterloo and the City of Cedar Falls
for the construction of Deere Road", be adopted and Mayor and City Clerk authorized to
execute same. Ayes: Seven.
Resolution 'adopted and upon approval by Mayor assigned No. 1982-8.
RESOLUTIONS TO BE ADOPTED
81734 - Moved by Dowie, seconded by Burton
"Resolution naming National Bank of Waterloo, Waterloo Savings Bank and People's Bank &
Trust Co. as depositories for City of Waterloo", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1982-9.
81735 - Moved by Roehr, seconded by Dowie
that the following standing City Council Committees and Chairpersons be approved for
1982 and 1983:
Public Works - Chairman - Harold Getty
Jim Burton
Thomas Penaluna
Delman Bowers
Public Building & Grounds - Chairman - Delman Bowers
Harold E. Getty
Jim Burton
Robert R. Wilharm
Public Safety - Chairman - Robert Wilharm
Frank D. Dowie
Jack L. Roehr
Thomas Penaluna
January 4, 1982
81735 - Continued.
Page 7
Finance & Purchasing - Chairman - Frank D. Dowie
Robert R. Wilharm
Jack L. Roehr
Del Bowers
Boards & Commissions - Chairman - Jack L. Roehr
Frank D. Dowie
Thomas Penaluna
Jim Burton
Ordinances - Chairman - Mayor Pro Tem
Entire Council
Ayes: Seven. Motion carried.
81736 - Mayor Rooff reported that the reorganization committee consisting of Penaluna, Bowers
and Dowie would review the current City organizational structure and be recommending
changes and therefore requested that the Council only extend current terms of Offices.
Moved by Penaluna, seconded by Dowie
that the communication from Mayor Rooff, submitting for Council approval the following
City officials for extension of present term for offices so designated be received,
placed on file and approved:
`r
City Clerk. . . . . . . . . . . .
Larry P. Burger
Fire Chief. . . . . . . . . . . .
Jerry Olson
Police Chief. . . . . . . . . . .
Junior Grimm
City Treasurer/Finance Director .
Tom Campbell
City Engineer . . . . . . . . . .
Ralph Anderson
Personnel . . . . . . . . , . . .
Roger Mogle
City Attorney . . . . . . . . . .
Evan Hultman
Supt. of Streets. . . . . . . . .
Don Thorson
Supt. of Water Pollution Control.
Bruce D. Bottorff
Supt. of Sewers . . . . . . . . .
Paul F. Huntley
Electrical Inspector. . . . . . .
Ralph Strohecker
Plumbing Inspector. . . . . . . .
Wayne Burger
Building Official . . . . . . . .
Curt Parsons
Heating & Air Pollution Insp.
James Boesen
Health, Sanitation & Animal Cont.
William Hoffman
Milk Sanitarian . . . . . . . . .
Ralph Sanders
Supt. of Parking Ramps. . . . . .
Virgil Graybill
City ElectricanJerry
Sexton
re
Traffic Signs & Stet Signs.
Mike Mrzlak
Planning & Zoning Director. . . .
Don Temeyer
Print Shop. . . . . . . . . . . .
Pat Kohlmeyer
Garage Supt.. . . . . . . . . . .
Larry Cunningham
Ayes: Seven. Motion carried.
NEW BUSINESS
181737 - Moved by Burton, seconded by Dowie
"Resolution authorizing the City Clerk to certify to the County Auditor the City
expenditures that qualify for reimbursement from the Tax Increment Financing District
(TIF) pursuant to Iowa Code Section 403.19", be adopted. Ayes: Seven.
6-.-- Resolution adopted and upon approval by Mayor assigned No. 1982-10.
dill - Moved by Roehr, seconded by Bowers
that communication from Fire Chief transmitting list of persons eligible for clothing
allowance of $175.00 each be received, placed on file and "Resolution approving certain
persons in the Fire Department eligible for clothing allowance for the second six
months of F.Y. 1982 in the amount of $175.00 each", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1982-11.
lJanuary 4, 1982 Page 8
1181739 - Moved by Dowie, seconded by Getty
that communication from Mayor Leo P. Rooff recommending appointment of Bob Fister to
the Plan and Program Commission (School Board Representative), reappointment of Cecil
A. Pierce to the Board of Park Commissioners with term expiration of January 1, 1988,
and reappointment of Arnold Becker to the Waterloo Water Works Board of Trustees with
term expiration of January 12, 1988 be received, placed on file and approved. Motion
carried.
i
Attend Functions:
Patrolman to attend Basic Police Training, Camp Dodge, Iowa, January 17 - March 26,
`"- 1982 -- $931.50
Patrolman to attend The Law and Sex Crimes Against Children Training, Cedar Rapids,
Iowa, January 19 - 22, 1982 -- City's share - $41.10
Police Lieutenant to attend Training on Contemporary Skills and Issues for the Juvenil
Officer, Minneapolis, Minnesota, January 27 - 29, 1982 -- $350.00
Ayes: Seven. Motion carried.
MISCELLANEOUS
81 - Moved by Getty, seconded by Wilharm
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
_
,Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #3, 2325 Crossroads Blvd.
kRenewal)(2/8/83)
Sunday Sales - Beer Permit License Application
Class C
Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #3, 2325 Crossroads Blvd.
(Renewal)(2/8/83)
Motion carried.
BONDS
i
81742 - Moved by Bowers, seconded by Roehr
that report of City Attorney and list of bonds filed with Clerk through January 4,
1982, be received, placed on file and report and bonds approved. Motion carried.
1743 - Moved by Bowers. seconded by Dowie
I
that the Council adjourn. Motion carried.
Larry P. Burger
City Clerk
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