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HomeMy WebLinkAbout11/20/78November 20, 1978 The Council of City of Waterloo, Iowa, met in Regular Session in Council Cham- bers in the City Hall at 7:OO P.M., on November 20, 1978. Mayor Rooff in the Chair. On roll call, Present: Bowers, Burton, Dowie, Getty, Hutchison, Roehr, Wilharm. Absent: None. Invocation by Councilman Getty. 75357 - Moved by Roehr, seconded by Dowie that the Agenda, as amended, for the Regular Session of November 20, 1978 at 7:00 P.M., be accepted and approved. Motion carried. 75358 - Moved by Burton, seconded by Getty that the Minutes of the Regular Session held November 13, 1978 at 7:00 P.M., be approved. Motion carried. 75359 - Mayor Rooff welcomed Kathy Weepie, a Senior in Columbus High School. 75360 - Moved by Roehr, seconded by Bowers that proof of publication of notice of public hearing on the Budget Estimate for the Waterloo Water Works, City _ of Waterloo, Iowa, for the Calendar Year 1979, as published in the Water- loo Courier on 11/10/78, be received and placed on file. Motion carried. 75361 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Bowers, seconded by Burton that the Budget for the Waterloo Water Works, City of Waterloo, Iowa, for the Calendar Year 1979 be approved and adopted as previously read and published in the Waterloo Courier on November 10, 1978, and it shall be as hereinafter stated in the Budget Summary Certificate, and the City Clerk be and she is hereby instructed to file the adopted Waterloo Water Works 1979 Budget with the County Auditor as provided by law, said Budget being in words and figures as shown below: Estimated Balance January 1, 1979 Revenue 1977 1978* Water Receipts $1,408,578.65 $1,628,000 Other Revenue 204,538.94 200,000 Non -Operating Rev. 37,170.51 20,000 Total $1,650,288.10 $1,8482000 Disbursements Personal Services Contractual Commodities Capital Outlay $ 562,227.50 $ 643,478 80,754.12 68,486 542,286.16 584,596 787,417.60 1,177,680 $11,972,685.38 $2,4742240 Estimated Balance December 31, 1979 1-1-79 to 6-30-79 $ 871,600 140,200 9,000 $1,020,800 $ 345,000 35,000 300,000 360.900 $1,040,900 7-1-79 to 12-31-79 $ 932,950 140,200 10,000 $1,083,150 $ 350,000 35,000 310,000 369.400 $1,064,400 *1978 amounts include estimated quani,ties for the Fourth Quarter Ayes: Seven. Motion carried. $ 30,000 $2,103,950 $2,105,300 $ 28,650 75362 - Moved by Dowie, seconded by Hutchison that proof of publication of notice of public hearing on adoption of a Subdivision Ordinance, as published in Waterloo Courier on 11/10/78, be received and placed on file. Motion carried. 75363 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. -2- 75363 - (Continued) Moved by Roehr, seconded by Hutchison that "Resolution adopting a Sub- division Ordinance in a loose leaf complete municipal code, establishing rules and requirements for the design and development of new subdivisions and of re -subdivisions, providing for preliminary and final approval of all subdivision plats, providing for changes.and amendments, and providing for the enforcement of these regulations and repealing Ordinance No. 1956 and all amendments thereto, and all ordinances or parts or section of ordinances in conflict herewith", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26061. 75364 - Moved by Roehr, seconded by Dowie, that "An Ordinance establishing rules and requirements for the design and development of new subdivisions and of re -subdivisions, providing for preliminary and final approval of all subdivision plats, providing for changes and amendments, and providing for the enforcement of these regulations and repealing Ordinance No. 1956 and all amendments thereto, and all ordinances or parts or section of ordinances in conflict herewith", be received, placed on file, considered and the rules requiring ordinances to be considered and voted on for passage at two prior meetings, be suspended, the above ordinance re- corded as having been considered and passed for the first, second and third times, and now placed on its final adoption. Ayes: Seven. Motion carried. 75365 - Moved by Bowers, seconded by Wilharm that "An Ordinance establishing rules and requirements for the design and development of new subdivisions and of re -subdivisions, providing.for preliminary and final approval of all subdivision plats, providing for changes and amendments, and pro- viding for the enforcement of these regulations and repealing Ordinance No. 1956 and all amendments thereto, and all ordinances or parts or section of ordinances in conflict herewith", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2997. 75366 - Moved by Bowers, seconded by Hutchison that proof of publication of notice of public hearing to sell Disposal Parcel I-18, 66 Mulberry Street in Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, as pub- lished in Waterloo Courier on October 19, 1978, to John C. McGee and Mary J. McGee, be received and placed on file. Motion carried. 75367 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Burton, seconded by Hutchison that "A Resolution approving the sale of Disposal Parcel No. I-18 in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, and authorizing the execution of the necessary contract for sale of land for private redevelopment and deed", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26062. 75368 - Bill O'Connor of the Waterloo School System was informed that money had not been found as yet for installation of a push button signal at the corner of Ansborough Avenue and Ridgemont Road. 75369 - Monte Miles, 1235 Pleasant Valley Drive, reported a serious water drain- age problem and asked that a remedy be mound. Moved by Roehr, seconded by Hutchison that the above request be received, placed on file and referred to the City Engineer. Motion carried. November 20, 1978 -3- 75370 - Leon Wirtjes, 1314 Pleasant Valley Drive, requested a moratorium on issuance of building permits in the Pleasant Valley area to allow for time for a study of the storm water and traffic problems and for petitions to be circulated for stoppage and for re -zoning. Walter Cunningham spoke in support. Mayor Rooff said he would take this up with the Building Official and City Engineer and no building permits would be issued until after December 4th. Plan and Program Director Franke pointed out that 50% of the property owners within a boundary, could request to rezone their own property down, and in this particular case would be to R-1. A petition was presented for rezone to R-2 and a moratorium on building permits. Mayor Rooff requested that two persons be designated to meet with the city officials to make sure this matter was being handled properly. Roy Avis briefly cited the past zoning history on Castle Hill and on the sewers. Moved by Roehr, seconded by Burton that the above petition be received and placed on file. Motion carried. 75371 - Moved by Dowie, seconded by Hutchison that offer of Empire Realty, Inc., 700 Falls Avenue, to purchase Disposal Parcel No. F-17 and F-18, 700 block Falls Avenue, in Westfield -Virden Urban Renewal Area, Project No. Iowa R-7 for sum of $116,500, for expansion of existing recycling processes and possible office and yard relocation due to intercity freeway, and approval report of Community Development Board, be received, placed on file, "A resolution authorizing the sale of Disposal Parcel No. F-17 and F-18 in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7", adopted, and hearing set for December 26, 1978 at 7:00 P.M. in Council Chambers in City Hall. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26063. 75372 - Moved by Burton, seconded by Wilharm that request from Marshall Erdman & Assoc., Inc. for permission to construct two 28' commercial curb cuts, one on Park Lane and one on Brockway Road, to serve Urological Associates Office Building, 3160 Brockway Road, as shown on attached plat, and City Engineer's recommendation for approval subject to the provisions of his letter, be received, placed on file, recommendations approved and per- mission granted in accordance therewith. Motion carried. 75373 - Moved by Roehr, seconded by Burton that request from Professional Office Services for permission to construct one 18' commercial curb cut at 2757 Burton Avenue, as shown on attached plat, and City Engineer's recommend- ation for approval subject to the provisions of his letter, be received, placed on file, recommendations approved and permission granted in accordance therewith. Motion carried. 75374 - Moved by Hutchison, seconded by Roehr that communication from City Engineer, advising improvements required as a condition precedent to final approval of Regal Heights Addition have been completed in substantial con- formance with construction plans, standards and requirements of Engineering Office; submitting four-year maintenance bond for street improvements and two-year maintenance bond for sewer improvements; and recommending acceptance, be received, placed on file, approved, and bonds accepted with effective date on bonds being that of final Council approval. Motion carried. 75375 - Moved by Burton, seconded by Getty that communication from Plan and Pro- gram Commission, transmitting an engineering agreement dated 11/20/78 for continuation of Downtown Parking Study, be received, placed on file and "Resolution approving engineering agreement with Brice, Petrides & Associates, Inc. for continuation of Downtown Parking Study, and directing execution of same by Mayor and Clerk", adopted. Ayes: Seven. Resolution, adopted and upon approval by Mayor, assigned No. 26064 -4- 75376 - Moved by Roehr, seconded by Getty that engineering contract dated 11/20/78 for Cedar River Bypass Channel in the Riverview area, and Community Development Board recommendation for approval, be received, placed on file and "Resolution approving engineering services contract with Brice, Petrides & Associates, Inc. for Cedar River Bypass Channel in Riverview area, and directing execution of same by Mayor and Clerk", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26065. 75377 - Moved by Dowie, seconded by Bowers that construction plans for storm sewer facilities serving Timothy Ridge Addition, and City Engineer's recommendation for approval, be received, placed on file and approved. Motion carried. 75378 - Moved by Wilharm, seconded by Bowers that communication from City Attorney transmitting two UDAG Grant Contracts, one with National Bank of Waterloo and the other with First Federal Savings and Loan Association, relative to participation in the development of downtown Waterloo and calling for completion of facilities within 18 months, and recommending approval, be received, placed on file, approved and "Resolution approving and providing for the execution of two UDAG Grant Contracts", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26066. 75379 - Moved by Getty, seconded by Bowers that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 1 CZ to Section 2A-7-M(d), conditional zoning certain property", be received,placed on file, con- sidered and the rules requiring ordinances to be considered and voted on for passage at two prior meetings, suspended, the above ordinances re- corded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Wilharm, Roehr, Getty, Dowie, Burton, Bowers. Nay: Hutchison. Motion carried. 75380 - Moved by Getty, seconded by Bowers that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 1 CZ to Section 2A-7-M(d), conditional zoning certain property", be adopted. Ayes: Wilharm, Roehr, Getty, Dowie, Burton, Bowers. Nay: Hutchison. Ordinance adopted and upon approval by Mayor, assigned No. 2998. 75381 - Moved by Dowie, seconded by Burton that "An Ordinance amending Ordinance No. 2644 known as the Traffic Ordinance by repealing Section 221, Entering Stop Intersection, and enacting in lieu thereof new Section 221, Entering Stop Intersection", be received, placed on file, considered and the rules requiring ordinances to be considered and voted on for passage at two prior meeting, suspended, the above ordinance recorded as having been considered and passed for the second and third times, and now placed on its final adoption. Ayes: Seven. Motion carried. 75382 - Moved by Bowers, seconded by Burton that "An Ordinance amending Ordinance No. 2644 known as the Traffic Ordinance by repealing Section 221, Entering Stop Intersection, and enacting in lieu thereof new Section 221, Entering Stop Intersection", be adopted, Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2999. 75383 - Moved by Roehr, seconded by Dowie that "An Ordinance amending Ordinance No. 2644 known as the Traffic Ordinance by adding Subsection (28a) Dubuque Road, to Section 543, Thru Streets", be received, placed on file, considered and the rules requiring ordinances to be considered and voted on for passage at two prior meetings, suspended, the above ordinance re- corded as having been considered and passed for the second and third times, and now placed on its final adoption. Ayes: Seven. Motion carried November 20, 1978 ,.N .-N -5- 75384 - Moved by Burton, seconded by Bowers that "An Ordinance amending Ordinance No. 2644 known as the Traffic Ordinance by adding Subsection (28a) Dubuque Road, to Section 543, Thru Streets", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 3000. 75385 - Moved by Dowie, seconded by Roehr that "An Ordinance repealing Section 27-18, Damaging, Interfering with private property, of the Code of Ordinances of the City of Waterloo, Iowa and enacting in lieu thereof new Section 27-18, Damaging, Interfering with private property", be received, placed on file, considered and the rules requiring ordinances to be considered and voted on for passage at two prior meetings, suspended the above ordinance recorded as having been considered and passed for the second and third times, and now placed on its final adoption. Ayes: Seven. Motion carried. 75386 - Moved by Bowers, seconded by Hutchison that "An Ordinance repealing Section 27-18, Damaging, Interfering with private property, of the Code of Ordinances of the City of Waterloo, Iowa, and enacting in lieu thereof new Section 27-18, Damaging, Interfering with private property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 3001. 75387 - Moved by Bowers, seconded by Burton that "An Ordinance amending Ordinance No. 2644 known as the Traffic Ordinance by repealing Subsection (46) Idaho Street of Section 5411, increasing speed limits in certain areas,and enacting in lieu thereof new Subsections (46) Idaho Street, (46a) Idaho Street, and (46b) Idaho Street to Section 541, increasing speed limits in certain areas; and by repealing Subsection (46) Idaho Street of Section 543, Thru Streets, and enacting in lieu thereof new Subsection (46) Idaho Street to Section 543, Thru Streets", be received, placed on file, con- sidered and passed for the first time. Ayes: Seven. Motion carried. 75388 - Moved by Roehr, seconded by Bowers that be considered and voted on for passage the above ordinance recorded as having second and third times, and now placed Seven. Motion carried. the rules requiring ordinances to at two.prior meetings, be suspended been considered and passed for the on its final adoption. Ayes 75389 - Moved by Burton, seconded by Bowers that "An Ordinance amending Ordinance No. 2644 known as the Traffic Ordinance by repealing Subsection (46) Idaho Street of Section 541, increasing speed.limits in certain areas, and enacting in lieu thereof new Subsections (46) Idaho Street, (46a) Idaho Street, and (46b) Idaho Street to Section 541, increasing speed limits in certain areas; and by repealing Subsection (46) Idaho Street of Section 5435, Thru Streets, and enacting in lieu thereof new Subsection (46) Idaho Street to Section 543, Thru Streets", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 3002. 75390 - Moved by Roehr, seconded by Hutchison that Revised Final Estimate and Completion Report for Contract No. 162, be received, placed on file and "Resolution approving the Revised Final Estimate and Completion Report as to work and materials furnished by Cedar Valley Corporation for F.Y. 1978 Paving Program, Contract No. 162, and authorizing payment in full accord- ingly",.adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26067. 75391- Moved by Burton, seconded by Dowie that the City Engineer's final plat, schedules of assessments'. breakdown of project costs,etc. for the F.Y. 1978 Paving Program, Contract No. 162, be received and placed on file. Motion carried. 75392 - Moved by Burton, seconded Bowers that "Resolution adopting and levying final schedule of assessments, and prodiding for the payment thereof for F.Y. 1978 Paving Program, Contract No. 162", be adopted. Ayes: Seven. Resolution adopt -ed and upon approval by Mayor, assigned No. 26068. November 20, 1 In 75393 - Moved by Hutchison, seconded by Wilharm that following request for per- mission to attend function, with expenses allowed not to exceed amount shown, be received, placed on file and approved: Two Councilmen to 1978 Congress of Cities & Exposition, St. Louis, Mo., November 24 thru 30, 1978, $1,295.00 Ayes: Seven. Motion carried. 75394 - Moved by Bo'c�.ers, seconded by Getty that following applications for Bee -r Permits and Beer Liquor Licenses, be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department Beer Permit Application - Class B 3-1 Pizza, Inc. dba Godfathers Pizza, 3811 University Avenue Beer Liquor License Applications - Class C Kelby's Lounge, Incorporated dba Kelley's Lounge,801 Commercial Street The Mike Hoye Corporation dba The Iron Fireman Lounge, 341 Fletcher Avenue - Sunday Sales Beer Permit Applications - Class B 3-J Pizza, Inc, dba Godfathers Pizza, 3811 University Avenue Motion carried. 75395 - Moved by Getty, seconded by Roehr that application of Consession Services, Inc. for permission to sell cigarettes at Electric Park Ballroom, Conger Street and Rainbow Drive, be received, placed on file and approved. Motion carried. 75396 - Moved by Wilharm, seconded by Roehr that the application of Mildred I. Campbell, 415 Greenbrier Road, for Massage Technician Permit, be received placed on file and denied. Ayes: Seven. Motion carried. 75397 - Moved by Burton,seconded by Dowie that report of City Attorney and list of bonds filed with Clerk through 11/20/78, be received, placed on file and report and bonds approved. Motion carried. 75398 - Moved by Roehr, seconded by Bowers that the Council adjourn to meet as a Board of Health. Motion carried. Katherine Gibbs, City CLerK The Council of C,t:y of Waterloo, Iowa, met as the Board of Health in Council Chambers in the C -it- y Hail a+t 8::.0.2_PoMo, on `Nevem6er 20, 1978. Mayor •Rooff in the Chair. On roll ca11,; Present W lharm, &0*eh.r, Hutchison, Getty, Dowie, Burton, Bowers. Absent borne Discus,sed-:we=re the rev J,sred ,Food Service San=itation. Orr-dinanc;e=,`"s bawawe File 365 Code of IOWA 67th G:a•Ao and th-e Memorandum of, Unde.rstandiM"-wrt!h :the Department of Agricultu=re, etc. pre:s.ented to the Board ,of Ilea*1`th: osr 11/13/7-8. Moved by Dowie, s.ec.onded by' 'Burton. hat the ab,oe document's be approved by the Waterloo Board of Health, submitted `to -the City Council with the recommendation fo,r Council approval o.f the documents and- upon, -a4o:ption of said documents a.nf :ordinance, the- Health/Sanitation Director trr.structed to pree.eed in accordance therewith. Motion carried. There being, no.furt-hex business, it was moved by Roehr,seconded by Getty, that the Board o,f :Heaalth adjourn; Motion carried. __.� Katherine Gibbs. City Clerk