HomeMy WebLinkAbout10/23/78October 23, 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 October 23, 1978. Mayor Rooff in the
Chair. On roll call, Present: Bowers, Burton, Dowie, Getty, Hutchison, Roehr,
and Wilharm. Absent: None. Invocation by Councilman Wilharm.
75197 - Moved by Roehr, seconded by Wilharm that the Agenda as amended, for the
Regular Session of October 23, 1978 at 7:00 P.M., be accepted and approv-
ed. Motion carried.
75198 - Moved by Burton, seconded by Dowie that the Minutes of the Regular
Session held October 16, 1978 at 7:00 P.M., be approved. Motion carried.
75199 - Moved by Dowie, seconded by Bowers that proof of publication of notice
of hearing to discuss the F.Y. 1979 Paving Program, Contract No. 166,
with affected property owners and all interested persons, be received
and placed on file. Motion carried.
75200 - Mayor Rooff reported the majority of residents attending the neighbor-
hood meeting held Sunday, October 22nd, decided they wanted paving; the
meeting tonight was not an official public hearing but to hear views.
Mrs. Ed. Pauley, 5471 Foulk Road, presented a petition for a new vote
due to lack of notification that a vote would be taken at the neighbor-
hood meeting to decide surface of each street in FY 1979 Paving Program,
Contract No. 166.
Mrs. Kathy Fields, 4062 North Street, presented a petition for asphalt
paving and exclusion from present proposed concrete paving, curb and
gutter, and storm sewer between North Avenue and Cedar Terrace Drive at
Suburban Heights Drive on Foulk Road, Suburban Heights Addition.
A discussion followed on neighborhood meeting being decisive and on
whether one person's vote should be accepted to determine surface of
street. Plans A, B, C, and D were discussed for Cedar Terrace Drive,
Foulk Road, Suburban Drive, North Avenue, Tucson Drive and Chico Road.
Terry Huegli supported another meeting and a new vote. Mayor Rooff
pointed out the affected property owners qualified for third year block
grant funds and no further time could be lost in using these funds.
Mrs. Virgil Tanner, Roger Kash, Robert Hayungs, Larry Falk, Carroll Trout,
Terry Sturtz, Karleda Hayungs, voiced their preferences for the various
streets they lived on. Mayor Rooff recommended the Foulk Road and
Suburban Drive people meet with the City Engineer.
Moved by Roehr, seconded by Hutchison that the City Engineer be in-
structed to prepare plans, specifications, plats, schedules, etc. for
FY 1979 Paving Program, Contract No. 166, in accordance to his expertise
and his recommendations. Ayes: Seven. Motion carried.
75201 - Moved by Burton, seconded by Getty that the two above petitions from
Mrs. Ed Pauley and Kathy Fields, be received and placed on file. Motion
carried.
75202 - Moved by Dowie, seconded by Burton that proof of publication of notice
of public hearing to sell Disposal Parcel No. 1, approximately 12.5
acres of Black Hawk Creek Greenbelt land, 'as published in Waterloo
Courier on 9/21/78, to Iowa Department of Transportation, for the sum
of $14,300 for right-of-way for proposed arterial Highway 520 purposes,
be received and placed on file. Motion carried.
75203 - This being the time for hearing, the Mayor called for oral and written
objections, and there were none.
Moved by Bowers, seconded by Hutchison that "A resolution approving the
sale of Parcel No. 1 and authorizing the execution of the contract for
sale of land for arterial highway construction and convey and deed", be
adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor,
assigned No. 26025.
75204 - Moved by Burton, seconded by Dowie that proof of publication of notice
of public hearing on rezoning from "A-1" Agricultural District to "R-1
One and Two Family Residence District, approximately five acres of land
East of Kimball Avenue and one-third mile South of Highway 412, in
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75204 - (Continued)
Section 10 -88N -13W, as published in Waterloo Courier on October 9, 1978,
upon the request of Trinity Episcopal Parish, upon the recommendation
for denial of City Zoning Commission and Council's own motion, be received
and placed on file. Motion carried.
75205 - This being the time for hearing, the Mayor called for oral and written
objections, and there were none.
Robert Braun, Atty. for Trinity Episcopal Parish, reported they had
revised their original request to CZ Conditional zoning in "A-1" Agri-
cultural District; they understood water was in the area and did not
expect sewers or streets; there would be no cost to the City. In the
discussion, it was pointed out the Zoning Commission recommended denial
of both R-1 and CZ Conditional zoning.
Moved by Dowie, seconded by Wilharm that this hearing be, and is hereby
closed, the City Clerk instructed to publish a notice of public hearing
for CZ Conditional zoning for Trinity Episcopal Parish of approximately
five (5) acres of land located East of Kimball Avenue and approximately
one-third of a mile South of Highway 412, on Council's own motion, and
date of said hearing set as November 13, 1978. Ayes: Seven. Motion
carried.
75206 - Moved by Bowers, seconded by Burton that proof of publication of notice
to bidders of sale of seventeen (17) city vehicles, Units 97, 116, 120,
505, 507, 508, 509, 510, 517, 524, 525, 526, 535, 562, 576, 580, and 582,
in Municipal Garage Department, be received and placed on file. Motion
carried.
75207 - Moved by Bowers, seconded by Wilharm that the following bids for the sale
of seventeen (17) city vehicles, as described on attached list, be re-
ceived, placed on file, and high bid of Michael Wagner for Unit 524, and
of Dick Schiltz for remaining units, accepted:
Dick Schiltz, 1755 Huntington Road
Unit 97 - Unit 116 - $28.60 Unit 120 - $38.65
Unit 505- $22.00 Unit 507 - $22.00 Unit 508 - $22.00
Unit 509- $38.00 Unit 510 - $38.00 Unit 517 - $22.00
Unit 524- $22.00 Unit 525 - $38.00 Unit 526 - $38.00
Unit 535- $38.00 Unit 562 - $22.00 Unit 576 - $22.00
Unit 580- $22.50 Unit 582 - $22.50
Michael Wagner, 225 Miriam Drive
Unit 5 - .00
Ayes: Seven. Motion carried.
75208 - Bud Wyckoff stated there was a bad situation with the barrels at First and
Commercial Streets and was informed the permanent divider program would
be ready the first of next Spring.
Moved by Wilharm, seconded by Dowie that the above request be received
and placed on file. Motion carried.
75209 - Dan Tovar, 626 Hickory Street, complained of water standing in low spot
on his street, and his son reported he had been restricted on the number of
times he was allowed to visit the various rooms of Recreation Center in
one afternoon.
75210 - Kathy Garcia, 322 Logan Avenue, complained about the Brase house in 200
block of Logan Avenue and was informed it had been turned over to City
Attorney for legal action.
75211 - Frank Rubino, 4237 North Avenue, was for a dead end street sign and Mayor
Rooff said he would take care of this.
75212 - Moved by Bowers, seconded by Hutchison that the proposed Ordinance amend-
ing Chapter 23, Division V, Massage Establishments and Massage Technicians
and Sections 23-55 and 23-58 (3) (e) of the Code of Ordinances be re-
considered at this time. Ayes: Seven. Motion carried.
October 23, 1978
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75213 - Discussed was pushing undercover any probable illegimate activities; and
if 15 year olds can go into massage parlors. Mayor Rooff stated the
756 hours training would bring credibility to the legimate operators;
also, if the establishment was legimate, 14 and 15 year olds could not
be prohibited from entering.
Councilman Bowers stated his concern last week was putting operators out
of work but if the amendment had a grandfather clause for those techni-
cians who were continuously employed in the City of Waterloo, he would
change his position.
Moved by Bowers, seconded by Roehr that the proposed ordinance amending
Chapter 23, Division V, Section 23-55 and Section 23-58(3)(e), Massage
Establishments and Massage Technicians, be amended to include a grand-
father clause for those technicians now working, if continuously employed
in the City of Waterloo. Ayes: Wilharm, Roehr, Dowie, Burton, Bowers.
Nays: Hutchison and Getty. Motion carried.
75214 - Moved by Roehr, seconded by Bowers that "An Ordinance amending Chapter 23,
Division 5, Massage Establishments and Massage Technicians, by repealing
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 the first fime. Ayes: Wilharm,
Roehr, Dowie, Burton, Bowers. Nays: Hutchison, Getty. Motion carried.
75215 - Councilman Burton presented a petition from members of Westridge Parent
Advisory Committee for a push-button traffic light at corner of Ansborough
Avenue and Ridgemont Avenue. Mayor Rooff stated a cost estimate was being
prepared and this would be finalized and brought to Council at the next
regular meeting.
Moved by Burton, seconded by Wilharm that the above petition be received,
placed on file, and referred to Quintin Parker. Motion carried.
75216 - Moved by Roehr, seconded by Burton that request of Lucretia Andersen,
together with IDOT Entrance Permit Application, Form 64004, for permission
to construct one 30' Type B Entrance on Highway 218, approximately 1024.8'
Sly along centerline of Highway 218 from intersection of Highway 218 and
Cedar Terrace Drive, 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.
75217 - Moved by Bowers, seconded by Hutchison that request from Concrete Founda-
tions, Inc. for Joe Minard Construction Company, for permission to con-
struct one 17' commercial curb cut at 1267 Ravenwood 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 permission granted in accordance therewith. Motion carried.
75218 - Moved by Hutchison, seconded by Roehr that request of Black Hawk Develop-
ment Corp. for permission to construct a temporary concrete driveway for
Gary's Locker at 257 East San Marnan Drive without regard to sidewalk
grade, together with $3.00 for recording waiver, and City Engineer's
recommendation for approval subject to the provisions of his letter, be
received, placed on file, approved and "Resolution granting permission to
Black Hawk Development Corp. and authorizing construction of a concrete
driveway for Gary's Locker at 257 East San Marnan Drive, irrespective of
a later official grade", adopted. Ayes: Seven. Resolution adopted and
upon approval by Mayor, assigned No. 26026.
75219 - Moved by Roehr, seconded by Dowie that Change Order No. 3 for Triangle
Terrace Sanitary Sewer System, Contract No. 189, for additional work by
Northern Contracting Company at an additional cost of $850.00, and City
Engineer's recommendation for approval, be received, placed on file,
approved and Mayor and Clerk authorized to execute same. Ayes: Seven.
Motion carried.
75220 - Mayor Rooff noted that the time change from daylight time would take
place at 2:00 A.M., Sunday October 29th, this year.
October 23, 1978
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75221 - Moved by Dowie, seconded by Bowers that communication from City Plan and
Program Commission, transmitting a site plan for Phase "A" and Phase "B"
parcels in Section 19 -89N -12W for Win -De -Co, and recommending approval,
and on Council's own motion, be received, placed on file, approved and
date of hearing set as November 13, 1978 at 7:00 P.M. in City Hall and
Clerk instructed to publish notice. Motion carried.
75222 - Moved by Roehr, seconded by Dowie that "Resolution accepting work and
ordering preparation of final plat and schedule of assessments for F.Y.
1978 Paving Program, Contract No. 162", be adopted. Ayes: Seven. Reso-
lution adopted and upon approval by Mayor, assigned No. 26027.
75223 - Moved by Bowers, seconded by Burton that "An Ordinance amending Ordinance
No. 2644 known as the Traffic Ordinance by repealing Section 322, Monthly
Parking, and Section 329(d) Regarding Parking Fines and enacting in lieu
thereof new Section 322, Monthly Parking, and new Section 329(d) Regarding
Parking Fines", be received, placed on file, considered and passed for
second time. Ayes: Seven. Motion carried.
75224 - Moved by Getty, seconded by Hutchison 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 third time, and now placed on its final adoption. Ayes: Roehr,
Hutchison, Getty, Dowie. Nays: Wilharm, Burton, Bowers. Motion not
carried.
75225 - Moved by Roehr, 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 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 passed for the second time. Ayes: Seven. Motion carried.
75226 - Moved by Burton, seconded by Dowie that "An Ordinance establishing grades
for the following avenues, boulevards, roads and streets: San Marnan
Drive from Hammond Avenue to St. Francis Drive, San Marnan Drive from
Saint Francis Drive to 672 ft. west, St. Francis Drive from San Marnan
Drive to 233 ft. north", be received, placed on file, considered and
passed for the first time. Ayes: Seven. Motion carried.
75227 - Moved by Wilharm, seconded by Bowers 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: Seven. Motion carried.
75228 - Moved by Bowers, seconded by Hutchison that "An Ordinance establishing
grades for the following avenues, boulevards, roads, and streets: San
Marnan Drive from Hammond Avenue to St. Francis Drive, San Marnan Drive
from Saint Francis Drive to 672 ft. west, St. Francis Drive from San
Marnan Drive to 233 ft. north", be adopted. Ayes: Seven. Ordinance
adopted and upon approval by Mayor, assigned No. 2992.
75229 - Moved by Roehr, seconded by Wilharm that statement for laboratory 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 8/1/78 from Twin City Testing and Engineering Laboratory,
Inc. for laboratory services for West Ridgeway Avenue Bridge Replacement
Project, Contract No. 12, and authorizing payment accordingly", adopted.
Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned
No. 26028.
75230 - Moved by Dowie, seconded by Bowers that statement for engineering services
for Contract No. 162, and City Engineer's recommendation for approval,
be received, placed on file and "Resolution approving and accepting
statement dated 8/31/78 from Wayne Claassen Engineering & Surveying, Inc.
for engineering services for FY 1978 Paving Program, Contract No. 162,
and authorizing payment accordingly", adopted. Ayes: Seven. Resolution
adopted and upon approval by Mayor, assigned No. 26029.
75231 - Moved by Getty, seconded by Roehr that "Resolution, Bills", be adopted.
Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned
No. 26030.
October 23, 1978
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75232 - Moved by Wilharm, seconded by Bowers that communication from City Engineer
transmitting the following five Petitions and Waivers for paving under
the San Marnan Drive Paving and Incidentals, Contract No. 168, with costs
to be assessed, be received, placed on file and "Resolution approving
Petitions and Waivers", be adopted:
St. Francis Hospital of Franciscan Sisters,
William J. and Viola M. Peters,
Lloyd M. and Billie L. Hesse,
Terrance R. and Helen L. DeBerg,
William J. and Viola M. Peters and Robert L. Smith
Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned
No. 26031.
75233 -Moved by Burton, seconded by Hutchison that Wayne Claassen Engineering
and Surveying, Inc. be instructed to prepare plats, schedules, plans,
specifications, etc for San Marnan Drive Paving & Incidentals, Contract
No. 168. Motion carried.
75234 - Moved by Bowers, seconded by Dowie that specifications, plans, plats,
schedules, form of contract, estimated cost, etc. for San Marnan Drive
Paving and Incidentals, Contract No. 168", be received and placed on file.
Motion carried.
75235 - Moved by Wilharm, seconded by Roehr that "Resolution of Necessity for the
"Waterloo, Iowa, San Marnan Drive Paving, 1978 - Contract No. 168`, order-
ing construction of said project, approving preliminary plat and schedule
of assessments and estimate of cost, tentative approval of plans, speci-
fications, form of contract, and final estimate of cost, and fixing a
date for a public hearing on final adoption of plans, specifications,
form on contract and estimate of cost and a date construction bids will
be received for said project", be adopted, with the date set as October
30, 1978 at 4:15 P.M. in the Council Chambers in City Hall. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 26032
75236 - Moved by Wilharm, seconded by Burton that following request for permission
to attend function, with expenses allowed not to exceed the amount shown,
be received, placed on file and approved:
City Attorney to NIMLO Conference, Chicago, Illinois, October 18 thru 21,
1978, $406.00.
Ayes: Seven. Motion carried.
75237 - Moved by Roehr, seconded by Getty that communication from Mayor Rooff,
submitting for Council approval the names of the following persons for
appointment to the Board of Appeals and Examiners of the Electrical Code,
for three year terms to expire November 1, 1981, be received, placed on
file and approved:
Don Frank - Paulson Electric
Joe Myers - Myers Electric
Joe Schoo - Schoo Electric
Fred Gilmore - Gilmore & Doyle
Vern Trumbauer - Iowa Public Service
Sally Hutchison - Councilman
Motion carried.
75238 - Moved by Bowers, seconded by Dowie 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 Applications - Class B
East Mo ine Pizza Hut, Inc. dba Pizza Hut, 714 LaPorte Road
East Moline Pizza Hut, Inc. dba Pizza Hut, 1130 Ansborough Avenue
Class C
QuikTrip Corporation dba QuikTrip #526, 1976 Franklin Street
Pester Derby Oil Co. dba Pester Derby, 1415 Logan Avenue
October 23, 1978
75238 - (Continued)
Beer Liquor License Applications Class A
The Supervisors Club, Inc. 3625 DeWitt Road
Class C
Merin L. Uhlenhake dba Angus Steak House, 700 LaPorte Road
ARA Services, Inc. dba The Convair Room, Municipal Airport, R.R.#2
Sunday Sales
Beer Permit Appplications - Class B
East o ine Pizza Hut, Inc. dba--Pizza Hut, 714 LaPorte Road
East Moline Pizza Hut, Inc. dba Pizza Hut, 1130 Ansborough Avenue
Class' C
QuikTrip Corporation dba QuikTrip #526, 1976 Franklin Street
Pester Derby Oil Co. dba Pester Derby, 1415 Logan Avenue
Beer Liquor License Applications - Class C
Merlin L. U le acme—dba Angus Steak House, 700 LaPorte Road
ARA Services, Inc. dba The Convair Room, Municipal Airport, R.R. #2
Motion carried.
75239 - Moved by Wilharm, seconded by Roehr that applications of Michael Revelle,
204 Feldt Avenue, Evansdale, and Richard Lux, 3207 Ryan Street, for taxi-
cab driver's permits, be received, placed on file and granted. Motion
carried.
75240 - Moved by Bowers, seconded by Hutchison that application of Diana Lynn
Kirby, 911 Maplewood Drive, Cedar Falls, for massage technician permit,
be received, placed on file and granted subject to the requirements of
ordinance governing same. Motion carried.
75241 - Moved by Burton, seconded by Roehr that report of City Attorney and list
of bonds files with Clerk through 10/23/78, be received, placed on file
and report and bonds approved. Motion carried.
75242 - Mayor Rooff announced that next Monday, October 30th, 1978; was a fifth
Monday in the month so therefore there would be no regular meeting but
a special meeting would be held on that day at 4:15 P.M. to conduct a
hearing and take bids, etc. on San Marnan Drive Paving and Incidentals,
Contract No. 168.
75243 - Moved by Burton, seconded by Bowers that the Council adjourn. Motion
carried.
Katherine Gibbs,
City Clerk
October 23, 1978