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HomeMy WebLinkAbout11/13/78November 13, 1978 The Council of City of Waterloo, Iowa, met in Regular Session in Council Cham- bers in the City Hall at 7:00 P.M., on November 13, 1978. Mayor Rooff in the Chair. On roll call, Present: Bowers, Burton, Dowie, Getty, Hutchison, Roehr, Wilharm. Absent: None. Invocation by Councilman Wilharm. 75311 - Moved by Roehr, seconded by Bowers that the Agenda, as amended, for the Regular Session of November 13, 1978 at 7:00 P.M., be accepted and approved. Motion carried. 75312 - Moved,by Dowie, seconded by Burton that the Minutes of the Regular Session held November 6, 1978 at 7:00 P.M., be approved. Motion carried. 75313 - Moved by Wilharm, seconded by Bowers that proof of publication of notice of public hearing on CZ Conditional Zoning in "A-1" Agricultural Dis- trict approximately five acres of land located east of Kimball Avenue and one-third mile south of Highway 412, in Section 10 -88N -13W, as pub- lished in Waterloo Courier on 10/26/78, upon the request of Trinity Episcopal Parish, Council's own motion and City Zoning Commission re- commendation for denial, be received and placed on file. Motion carried. 75314 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Councilman Wilharm asked if the Parish understood there would be no City utilities extended to this property and Robert Braun, Atty. for the Parish, agreed that this was the understanding. Moved by Wilharm, seconded by Dowie 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 passed for the first time. Ayes: Wilharm, Roehr, Getty, Dowie, Burton, Bowers. Nay: Hutchison. Motion carried. 75315 - Moved by Burton, seconded by Dowie that the rules requiring ordinances to be considered and voted on for passage at two prior meetings, be sus- pended, the above ordinance recorded as having been considered and passed for the second and third times, and now placed on its final adoption. Ayes: Wilharm, Getty, Dowie, Burton, Bowers. Nays: Roehr, Hutchison. Motion not carried. 75316 - Moved by Roehr, seconded by Hutchison that proof of publication of notice of public hearing on site plan for Phase "A" and Phase "B" parcels in Section 19 -89N -12W for Win -De -Co, upon recommendation of Plan and Program Commission and Council's own motion, as published in Waterloo Courier on 10/26/78, be received and placed on file. Motion carried. 75317 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Bowers, seconded by Getty that "Resolution approving site plan for Phase "A" and Phase "B" parcels in Section 19 -89N -12W for Win -De -Co", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26051. 75318 - Mayor Rooff welcomed Ingar Harp and son Michael who were from Germany 75319 - Mayor Rooff recommended that Section 4, Penalties for Misdemeanors, be added to the Traffic Ordinance. Moved by Roehr, seconded by Wilharm that "An Ordinance amending Ordinance No. 2644, known as the Traffic Ordinance by adding Section 4, Penalties for Misdemeanors", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. -2- 75320 - Moved by Roehr, seconded by Wilharm that the rules requiring ordinances to be considered and voted on 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. Ayes: Seven. Motion carried. 75321 - Moved by Bowers, seconded by Hutchison that "An Ordinance amending Ordinance No. 2644, known as the Traffic Ordinance by adding Section 4, Penalties for Misdemeanors", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2995. 75322 - Curt Parsons, private citizen for American Cancer Society, informed the Council that November 16th would be Smoke Out Day for 1978; quoted statistics on smokers and non-smokers, and passed out pledge cards to quit smoking for one day. 75323 - Christine Lorraine Nash, 1712 East 4th Street, requested that her Massage Technician Permit application be acted on tonight. Moved by Getty, seconded by Dowie that the above application be added to the agenda under Massage Technician Permit Applications. Motion carried. 75324 - Elizabeth Johnson dba The Sisal Scrub Salon, 1950 Lafayette Street, asked why her application for Massage Business Permit had been deleted from the agenda and was told the inspections had not been completed. 75325 - Moved by Hutchison, seconded by Getty that request of Earl E. Moses and Virgil R. Wallace, together with IDOT Entrance Permit Application, Form 640004, for permission to construct one 30' Type "B" Entrance on Highway 218, approximately 15' Nly from centerline of Cornwall Avenue at Station 755+02.6, east side, as shown on attached plat, and City Engineer's re- commendation for approval subject to the provisions of his letter, be received, placed on file, approved and Mayor authorized to sign said application. Motion carried. 75326 - Mayor Rooff reported the cost to, (1) move the light from Idaho Street and Independence Avenue to Idaho Street and Monroe Street would cost $900, and (2) to install a light at Ansborough Avenue and Ridgemont Avenue would cost $15,000. A discussion followed on changing the speed limit to 25 mph on Idaho Street. Mrs. Jerry Condon recommended a three- way stop on Idaho and Monroe Streets. Matthew Kollasch supported the need for safety for the school children. Mayor Rooff stated Quintin Parker's recommendation was to lower the speed limit and to place a stop sign for the school, and the Mayor suggested 25 mph on Idaho Street from Independence Avenue to four blocks south. Moved by Roehr, seconded by Burton that the speed limit be lowered to 25 miles per hour on Idaho Street from Independence Avenue to French Street, and the City Attorney instruted to submit an ordinance accord- ingly. Motion carried. 75327 - Moved by Bowers, seconded by Dowie that a three-way stop sign be placed at the intersection of Idaho Street and Monroe Street on a temporary trial basis for thirty (30) days. Ayes: Seven. Motion carried. 75328 - A four-way stop sign at Ansborough Avenue and Ridgemont Road was dis- cussed, and there were objections due to tremendous amount of traffic, long wait to cross, motorists running stop sign, etc. Use of block grant funds for safety purposes was to be investigated. Moved by Roehr, seconded by Burton that on the above safety problem at Ansborough Avenue and Ridgemont Road, action be deferred until November 20, 1978, with the Mayor to report back on funding. Motion carried. November 13, 1978 I "N � -3- 75329 - Moved by Dowie, seconded by Burton that Finance Director's Statement for October, 1978, showing Fund Balance 10/1/78 $14,078,312.64, + Receipts $4,256,785.80, - Bill Payments $1,906,562.04, - Payrolls $756,266.39, - Transfers $119,180.12, - Commissions $686,841.28, Fund Balance 10/31/78 $14,866,248.61, be received, placed on file and approved. Motion carried. 75330 - Moved by Burton, seconded by Hutchison that minutes of Community Development Board for regular meeting held on October 6, 1978, be re- ceived and placed on file. Motion carried. 75331 - Moved by Bowers, seconded by Burton that "An Ordinance amending Chapter 23, Division 5, Massage Establishments and Massage Technicians, be re- pealing Section 23-55, Exemptions, and enacting in lieu thereof new Section 23-55, Massage Technician; required training, and by repealing Section 23-58(3)(e) and enacting in lieu thereof new Section 23-58(3)(e)", be received, placed on file, considered and passed for third time. Ayes: Wilharm, Roehr, Dowie, Burton, Bowers. Nays: Hutchison, Getty. Motion carried. 75332 - Moved by Bowers, seconded by Wilharm that "An Ordinance amending Chapter 23, Division 5, Massage Establishments and Massage Technicians, by re- pealing Section 23-55, Exemptions, and enacting in lieu thereof new Section 23-55, Massage Technician; required training, and by repealing Section 23-58(3)(e) and enacting in lieu thereof new Section 23-58(3)(e)," be adopted. Ayes: Wilharm, Roehr, Dowie, Burton, Bowers. Nays: Hutchison, Getty. Ordinance adopted and upon approval by Mayor, assigned No. 2996. 75333 - 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 passed for the first time. Ayes: Seven. Motion carried. 75334 - Moved by Roehr, seconded by Wilharm that the rules requiring ordinances to be considered and voted for passage at two prior meetings,be sus- pended, the above ordinance recorded as having been considered and passed for the second and third times, and now placed on its final adoption. Ayes: Wilharm, Roehr, Getty. Nays: Hutchison, Dowie, Burton, Bowers. Motion not carried. 75335 - Moved by Bowers, seconded by Getty that communication from Asst. City Attorney, transmitting "An Ordinance amending Ordinance No. 2644 known as the Traffic Ordinance by repealing Section 221, Entering Stop Inter- section, and enacting in lieu thereof new Section 221, Entering Stop Intersection", and recommending approval, be received, placed on file, considered and said Ordinance passed for the first time. Ayes: Seven. Motion carried. 75336 - Moved by Roehr, seconded by None that the rules requiring ordinances to be considered and voted on for passage at two prior meetings, be sus- pended, the above ordinance recorded as having been considered and passed for the second and third times, and now placed on its final adoption. Died for lack of second. 75337 - Moved by Dowie, seconded by Getty that communication from Asst. City Attorney, transmitting "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", and recommending approval, be received, placed on file, considered and said Ordinance passed for the first time. Ayes: Seven. Motion carried. November 13,1978 '\ -4- -IN 75338 - Moved by Dowie, seconded by Burton that statement for engineering services for Contract No. 12, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting the statement dated 10/19/78 from Brice, Petrides & Associates, Inc. for engineering services for West Ridgeway Avenue Bridge, Contract No. 12 and authorizing payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26052. 75339 - Moved by Bowers, seconded by Roe;ir that statement for engineering services for Contract No. 96, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting the statement dated 10/19/78 from Brice, Petrides & Associates, Inc. for engineering services for Virden Creek Channel Repairs, Contract No. 96 and authorizing payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26053. 75340 - Moved by Roehr, seconded by Hutchison that statement for engineering ser- vices for Contract No. 162, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting the statement dated 9/30/78 from Wayne Claassen Engineering & Surveying, Inc. for engineering services for F.Y. 1978 Paving Program, Contract No. 162 and authorizing payment accordingly", adopted. Ayes: Seven Resolution adopted and upon approval by Mayor, assigned No. 26054. 75341 - Moved by Burton, seconded by Dowie that statement for engineering ser- vices for Contract No. 165, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting the statement dated 10/19/78 from Brice, Petrides & Associates, Inc. for engineering services for West Ridgeway Avenue, Contract No. 165 and authorizing payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26055. 75342 - Moved by Roehr, seconded by Hutchison that the two statements, for engineering services for Contract #170, and City Engineer's recommend- ation for approval, be received, placed on file and "Resolution approving and accepting the two statements dated 11/7/78 from Schenk Engineering Company for engineering services for F.Y. 1979 Paving Program II, Con- tract No. 170, and authorizing payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No.26056. 75343 - Moved by Dowie, seconded by Burton that statement for engineering ser- vices for Contract No. 189, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting the statement dated 11/7/78 from Schenk Engineering Company - Final for engineering services for Triangle Terrace Sanitary Sewer, Con- tract No. 189 and authorizing payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No.26057. 75344 - Moved by Getty, seconded by Roehr that "Resolution, Bills, Schedule A", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26058. 75345 - Moved by Getty, seconded by Roehr that "Resolution, Bills, Schedule B", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26059. 75346 - Moved by Bowers, seconded by Burton that City Engineer be instructed to prepare specifications, plans, form of contract, estimated.cost, etc. for F.Y. 1979 Maywood Water Extension, Contract No. 501. Motion carried. November 13, 1978 y moll 75347 - Councilman Hutchison asked if this was the final water project in this area and was informed this program was the last. Moved by Wilharm, seconded by Bowers that above documents for Contract No. 501, be received, placed on file and "Resolution preliminarily approving plans, specifications, form of contract, estimated cost, etc. for F.Y.1979 Maywood Water Extension, Contract No. 501", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26060. 75348 - Moved by Wilharm, seconded by Hutchison that Clerk be instructed to publish the notice of public hearing on plans, specifications, etc. for F.Y. 1979 Maywood Water Extension, Contract No. 501, and taking of bids therefor, with date set at November 27, 1978 at 7:00 P.M. Motion carried. 75349 - Moved by Burton, seconded by Bowers that the following request for per- mission to attend function, with expenses allowed not to exceed amount shown, be received, placed on file.and approved: Sergeant of Police Department to "Crime Prevention Technology and Pro- gramming" course, University of Louisville, Louisville, Kentucky, December 4 thru 15, 1978, $900.00 and use of City car. Ayes: Seven. Motion carried. 75350 - Moved by Hutchison, seconded by Wilharm that application, bond and fee of Tri -Square Builders & Supply, Inc., 506 Jefferson Street, Hudson, Iowa for Sign Erector's License, lander Sign Ordinance #2447, as amended, be received, placed on file and license granted. Motion carried. 75351 - Moved by Wilharm, seconded by Bowers that following applications for Beer 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 C QuikTrip Corporation dba QuikTrip #532, 1104 Washington Street Beer Liquor License Application - Class C Hathton, Inc. dba Embassy Lounge, 225 E 5th Street Gleason -Dutton Investments, Inc. dba Golden Dolphin Lounge, 301 West 4th Street Sunday Sales - Beer Permit Application Class C QuikTrip Corporation dba QuikTrip #532, 1104 Washington Street Motion carried. 75352 - Moved by Getty, seconded by Roehr that the application of QuikTrip Cor- poration dba QuikTrip #532 for permission to sell cigarettes at 1104 Washington Street, be received and placed on file. Motion carried. 75353 - Moved by Roehr, seconded by Hutchison that application of Robert Helm Murphy, 225 West 5th Street, #300 for taxicab driver's permit, be re- ceived, placed on file and granted. Motion carried. 75354 - Moved by Bowers, seconded by Hutchison that the following applications for Massage Technician Permits, be received, placed on file and granted subject to the requirements of ordinance governing same: Elizabeth Johnson, 1944 Lafayette Street; Celeste Smith, 641 W.2nd Street Christine Nash, 1712 East 4th Street Motion carried. November 13, 1978 AIN 75355 - Moved by Dowie, seconded by Burton that report of City Attorney and list of bonds filed with Clerk through 11/13/78, be received, placed on file and report and bonds approved. Motion carried. 75356 - Moved by Burton, seconded by Hutchison that the Council adjourn to meet as a Board of Health. Motion carried. Katherine Gibbs, City Clerk The Council of City of Waterloo, Iowa, met as the Board of Health in Council Chambers in the City Hall at 8:20 P.M., on November 13, 1978. Mayor Rooff in the Chair. On roll call, Present: Bowers, Burton, Dowie, Getty, Hutchison, Roehr, Wilharm. Absent: None. Health/Sanitation Director Hoffman briefly explained the revised Food Service Sanitation Ordinance and Senate File 365 Code of Iowa 67th G.A. H2 stated the Iowa Dept. of Agriculture would do all licensing and inspections; however, the State can contract with the City to perform inspections, maintain records, etc., and the City of Waterloo has qualified to perform all functions as required. His recommendation was the Ordinance and State Code be adopted by reference and the Food Handlers Ordinance repealed, and that the City should do the inspections to protect the public health of the community. He pointed out this would do away with double licensing. Moved by Burton, seconded by Hutchison that communication from Health/ Sanitation Director presenting the following documents pertaining to new contract between the State of Iowa Department of Agriculture and the City of Waterloo, be received and placed on file: 1. 1976 Revised Food Service Sanitation Manual; 2. Application Forms for Food Service Establishment and Hotel Licenses; 3. Department of Agriculture Notice of Intended Action, 4. Suggested form for the adoption of Senate File 365 and An Act to Establish Standards for Food Service Sanitation; 5. Memorandum of Understanding between the Department of Agriculture and the City of Waterloo. Motion carried. There being no further business, it was moved by Dowie, seconded by Burton that the Board of Health adjourn. Motion carried. Katherine Gibbs, City Clerk