HomeMy WebLinkAboutMinutes- 10/01/79October 1, 1979
The Council of the City of Waterloo, Iowa met in Regular Session in Council Chambers in the
City Hall at 7:00 P.M., on October 1, 1979. Mayor Rooff in the Chair. On roll call: Pre-
sent: Wilharm, Roehr, Penaluna, Dowie, Burton, Bowers. Absent: Getty. Invocation by
C;ounci.lman Bowers.
77178 - Moved by Roehr, seconded by Dowie that the Agenda, as amended, for the Regular Ses-
sion of October 1, 1979 at 7:00 P.M., be accepted and approved. Motion carried.
77179 - Moved by Dowie, seconded by Burton that the Minutes of the Regular Session held Sep-
tember 24, 1979 at 7:00 P.M., be approved. Motion carried.
77180 - Moved by Roehr, seconded by Bowers that proof of publication of notice of public
hearing on proposed plans, specifications, form of contract, estimate of cost, etc.
for F.Y. 1980 Sidewalk Program, Contract No. 46, and the taking of construction bids
therefor, be received and placed on file. Motion carried.
%71.81 - This being the time and place for hearing, the Mayor called for written and oral ob-
jections, and there were none.
Moved by Bowers, seconded by Burton that "Resolution confirming the approval of plans,
specifications, etc. for the F.Y. 1980 Sidewalk Program, Contract No. 46", be adopt-
ed Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor,
assigned No. 26551.
17182 - Moved by Burton, seconded by Wilharm that "Resolution ordering the construction of
F.Y. 1980 Sidewalk Program, Contract No. 46", be adopted. Ayes: Six. Absent:
Getty. Resolution adopted and upon approval by Mayor, assigned No. 26552.
77183 - Moved by Wilharm, seconded by Dowie that the following bids, be received, placed on
file, Clerk instructed to open and read same and bids referred to the Engineers for
checking and report back:
Name of Bidder Amount of Bid Amount of
Certified Check
1. Paul Grigg Concrete Construction, Inc. $16,568.00 $ 828.40
Hudson, Iowa
2. U & I Construction Co., Waterloo, Iowa $14,673.09 $1,467.31
3. Denman Phillips Construction Co.,
Waterloo, Iowa $16,150.20 $ 910.00
Motion carried.
77184 - Moved by Roehr, seconded by Wilharm that proof of publication of notice to contrac-
tors or invitation for bids for construction of F.Y. 1980 Sidewalk Program, Contract
No. 46, be received and placed on file. Motion carried.
77185 - Moved by Penaluna, seconded by Roehr that proof of publication of notice of public
hearing on Adoption of "An Ordinance to amend Ordinance No. 2479, as amended, by
repealing, enacting in lieu thereof, and adding, as published in Waterloo Courier on
9/14/79, be received and placed on file. Moi.lon carriel.
77186 - This being the time and place of hearing, Mayor Rooff called for written and oral
objections, and there were none.
Moved by Bowers, seconded by Burton that "Resolution adopting an Amendment to Ordin-
ance No. 2479, as amended, The Waterloo Zoning Ordinance, by repealing: Definition
of "Hotel" under Section 2A-3, Definitions, under Part III; Section 2A -7E, Accessory
Buildings, under Part V, General Regulations; Section 2A-12, Height Regulations, under
Part VII, "R-1" Residence District; Section 2A-20, Regulations, under Part X, "R-4"
Multiple Residence District; Section 2A-29, Lot Area, Lot Frontage and Yard Require-
ments, under Part XIII, "C-2" Commercial District; Section 2A-45, Off -Street Parking
Area required, under Part XIX, Parking and Loading areas, Public Garages, Parking
Lots and Filling Stations; and Section 2A-47, Special Provisions, under Part XXI,
Special Provisions; and enacting in lieu thereof new: Definition of "Hotel" under
Section 2A-3, Definitions, under Part III; Section 2A -7E, Accessory Buildings, under
Part V, General Regulations; Section 2A-12, Heights Regulations, under Part VII,
"R-1" Residence District; Section 2A-20, Regulations, under Part X, "R-4" Multiple
Residence District; Section 2A-29, Lot Area, Lot Frontage and Yard Requirements, under
Part XIII, "C-2" Commercial District; Section 2A-45, Off -Street Parking Area Required,
under Part XIX, Parking and Loading Areas, Public Garages, Parking Lots and Filling
Stations; and Section 2A-47, Special Provisions, under Part XXI, Special Provisions;
and by adding new: Definition of "Motel" to Section 2A-3, Definitions, under Part
III; Subsection 26 to Section 2A-27, Regulations, under Part XIII; "C-2" Commercial
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77186 - (Continued)
District; and Subsection 12 to Section 2A-30, Regulations, under Part XIV, "C-3"
Commercial District, in a loose leaf complete municipal code form", be adopted.
Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assign-
ed No. 26553.
7187 - Moved by Wilharm, seconded by Dowie that "An Ordinance amending Ordinance No. 2479,
known as the zoning ordinance, by repealing: Definition of "Hotel" under Section
2A-3, Definitions, under Part III; Section 2A -7E, Accessory Buildings, under Part V,
General Regulations; Section 2A-12, Height Regulations, under Part VII, "R-1" Resi-
dence District; Section 2A-20, Regulations, under Part X, "R-4" Multiple Residence
District; Section 2A-29, Lot Area, Lot Frontage and Yard Requirements, under Part
XIII, "C-2" Commercial District; Section 2A-45, Off -Street Parking Area required,
under Part XIX, Parking and Loading areas, Public Garages, Parking Lots and Filling
Stations: and Section 2A-47, Special Provisions, under Part XXI, Special Provisions;
and enacting in lieu thereof new: Definition of "Hotel" under Section 2A-3, Defini-
tions, under Part III; Section 2A -7E, Accessory Buildings, under Part V, General
Regulations; Section 2A-12, Height Regulations, under Part VII, "R-1" Residence
District; Section 2A-20, Regulations, under Part X, "R-4" Multiple Residence District;
Section 2A-29, Lot Area, Lot Frontage and Yard Requirements, under Part XIII, "C-2"
Commercial District; Section 2A-45, Off -Street Parking Area Required, under Part XIX,
Parking and loading Area, Public Garages, Parking Lots and Filling Stations; and
Section 2A-47, Special Provisions, under Part XXI, Special Provisions; and by adding
new: Definition of "Motel" to Section 2A-3, Definitions, under Part III: Subsection
26 to Section 2A-27, Regulations, under Part XIII, "C-2" Commercial District; and
Subsection 12 to Section 2A-30, Regulations, under Part XIV, "C-3" Commercial Dist-
rict", 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 and
the above Ordinance recorded as having been considered and passed for the first,
second and third times, and now placed on its final adoption. Ayes: Six. Absent:
Getty. Motion carried.
7188 - Moved by Penaluna, seconded by Wilharm that "An Ordinance amending Ordinance No. 2479,
known as the zoning ordinance, by repealing: Definition of "Hotel" under Section
2A-3, Definitions, under Part III; Section 2A -7E, Accessory Buildings, under Part V,
General Regulations; Section 2A-12, Height Regulations, under Part VII, "R-1" Resi-
dence District; Section 2A-20, Regulations, under Part X, "R-4" Multiple Residence
District; Section 2A-29, Lot Area, Lot Frontage and Yard Requirements, under Part
XIII, "C-2" Commercial District; Section 2A-45, Off -Street Parking Area required,
under Part XIX, Parking and Loading areas, Public Garages, Parking Lots and Filling
Stations; and Section 2A-47, Special Provisions, under Part XXI, Special Provisions;
and enacting in lieu thereof new: Definition of "Hotel" under Section 2A-3, Defini-
tions, under Part III; Section 2A -7E, Accessory Buildings, under Part V, General
Regulations; Section 2A-12, Height Regulations, under Part VII, "R-1" Residence
District; Section 2A-20, Regulations, under Part X, "R-4" Multiple Residence District,
Section 2A-29, Lot Area, Lot Frontage and Yard Requirements, under Part XIII, "C-2"
Commercial District; Section 2A-45, Off -Street Parking Area Required, under Part
XIX, Parking and Loading Areas, Public Garages, Parking Lots and Filling Stations;
and Section 2A-47, Special Provisions, under Part XXI, Special Provisions, and by
adding new: Definition of "Motel" to Section 2A-3, Definitions, under Part III;
Subsection 26 to Section 2A-27, Regulations, under Part XIII, "C-2" Commercial Dis-
trict; and Subsection 12 to Section 2A-30, Regulations, under Part XIV, "C-3" Com-
mercial District", be adopted. Ayes: Six. Absent: Getty, Ordinance adopted and
upon approval by Mayor, assigned No. 3050.
771.89 - Hugh Field, Atty. for M.P.H. Development Co., stated this firm was second low bidder
for providing a building at East Fourth Street and Almond Street in the Logan Avenue
Urban Renewal area for Job Services, and after the first bidder defaulted, the State
reinstated M.P.H. and it would not be feasible without Not to Exceed $450,000
Industrial Development Revenue Bonds. Community Development Administrator Mercer
reported the developer would have to buy the site and lease the building to State
of Iowa, that the deed was not conveyed to the first developer as they did not pay
for the land, and Council action would have to be rescinded.
Moved by Wilharm, seconded by Dowie that the above presentation, be received, placed
on file and City Clerk instructed and authorized to contact Chapman and Cutler, Bond-
ing Attorneys, Chicago, Illinois, for review of documents in behalf of the City of
Waterloo, Iowa, with costs to be paid by M.P.H. Development Co. Motion carried.
77190 - Mayor Rooff reported to Tom Masengarb, 829 Nancy Road, there was no answer as yet to
the flooding problems on Colby Road, Nancy Road and Lynda Road and Jim Hellman would
be informed when available.
October 1, 1979
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77191 - Moved by Roehr, seconded by Penaluna that communication from City Engineer, trans-
mitting two petitions from Croskey-Mclntee Building Co, for the following paving and
sewer facilities, and recommending installation in next City paving program, be re-
ceived, placed on file, recommendations approved and City Engineer instructed to pro-
ceed accordingly:
Paving & Storm Sewer Sanitary Sewer
Helment Avenue 50% 50%
Lucas Street 67%
McShane Avenue 75% 75%
Motion carried.
7719:2 - Moved by Dowie, seconded by Bowers that request of Langles & Associates, Inc. for
permission to construct one 24' commercial curb cut to serve 3427-41 Kingswood Place,
as shown on attached plat, and City Engineer's recommendations for approval subject
to the provisions of his letter, be received, placed on file, recommendations ap-
proved and permission granted in accordance therewith. Motion carried.
77193 - Moved by Wilharm, seconded by Penaluna that request of Robert E. Reid for permission
to construct a temporary asphalt driveway at 643 Alpine Drive without regard to side-
walk grade, together with $3.00 for recording waiver, and City Engineer's recom-
mendation for approval subject to the provisions of his letter, be received, placed
on file, approved and "Resolution granting permission to Robert E. Reid and auth-
orizing construction of a temporary asphalt driveway at 643 Alpine Drive, irrespective
of a later official grade", adopted. Ayes: Six. Absent: Getty. Resolution adopted
and upon approval by Mayor, assigned No. 26554.
77194 - Moved by Wilharm, seconded by Penaluna that request of James R. Connors for permis-
sion to construct a temporary asphalt driveway at 1621 Easton Avenue 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 James R. Connors and
authorizing construction of a temporary asphalt driveway at 1621 Easton Avenue, ir-
respective of a later official grade", adopted. Ayes: Six. Absent: Getty. Re-
solution adopted and upon approval by mayor, assigned No. 26555.
77195 - Moved by Wilharm, seconded by Penaluna that request of Keller -Apex Investment Company
for permission to construct a temporary concrete driveway at 1920-22-24-26-28-30
Kamille Ct. 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 permis-
sion to Keller -Apex Investment Company and authorizing construction of a temporary
concrete driveway at 1920-22-24-26-28-30 Kamille Ct., irrespective of a later official
grade", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval
by Mayor, assigned No. 26556.
77196 - Under Council Action 476988 of 9/24/79, a proposed curb cut ordinance was referred
to the City Attorney.
Moved by Burton, seconded by Bowers that the report of Plan and Program Director
Franke on proposed curb cut ordinance be received, placed on file, approved and City
Attorney instructed to submit an ordinance in accordance therewith. Motion carried.
77197 - Under Council Action 4477155 of 9/24/79, action was deferred on Construction Permit No.
79-460-S for Sanitary Sewer Extension -Station 11-88-13 from Iowa Department of Envir-
omental Quality, subject to certain conditions and requirements.
Moved by Roehr, seconded by Burton that communication from City Engineer, reporting
above Permit was for a property on east side of Hammond Avenue and south of proposed
Freeway No. 520, be received, placed on file, and said Permit approved and accepted.
Motion carried.
77198 - Moved by Burton, seconded by Dowie that communication from Finance Director/Treasurer.
transmitting City Annual Financial Report for Year ended June 30, 1979, be received,
placed on file and approved. Motion carried
77199 - Under Council Action 4477134 of 9/24/79, Nancy Schlachter. 1222 Leavitt Street, re-
ported she was paying double garbage fees.
Moved by Dowie, seconded by Wilharm that action be deferred un 1=8,
Motion carried.
October 1, 1979
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77:?00 - Moved by Bowers, seconded by Penaluna that communication from City Engineer, trans-
mitting a plat from McDonald's Corporation, 1709 LaPorte Road for street grades on
Plymouth Street, and recommending grades be approved and accepted as shown be re-
ceived, placed on file, grades approved and accepted, with work to be done at no
cost to the City. Motion carried.
77201 - Moved by Penaluna, seconded by Dowie that Agreement for Primary Road Extension Maint-
and Operation for period of July 1, 1979 to June 30, 1980, from Iowa Department of
Transportation, Highway Division, be received, placed on file, approved and Mayor
authorized and directed to execute same in behalf of the City of Waterloo. Motion
carried.
77202 - Moved by Roehr, seconded by Bowers that Agreement dated 10/1/79 with Black Hawk
Humane Society, Inc. for assisting the City in small animal control, furnishing and
maintaining facilities and equipment adequate for housing, shelter, care and disposal
of dogs, cats and other small animals, except for livestock over 150 lbs., etc. for
the period of 7/1/79 thru 6/30/80, together with bond, be received, placed on file,
approved and Mayor and Clerk authorized and directed to sign said Agreement in be-
half of the City of Waterloo. Motion carried.
77203 - Moved by Bowers, seconded by Penaluna that Construction Permit No. 79-480-S for
Sanitary Sewer Extension for 1980 Sanitary Sewer Program, from Iowa Department of
Environmental Quality, subject to certain conditions and requirements, be received
and placed on file. Motion carried.
71,204 - Moved by Burton, seconded by Bowers that Final Plat of Fifth Addition to Southridge,
with Engineer's Certificate of Survey, Deed of Dedication, Contract and Waivers,
Report of City Engineer, Plan and Program Commission's resolution of approval and
their recommendation for Council approval, be received placed on file and "Resolution
approving the Final Plat of Fifth Addition to Southridge, Waterloo, Black Hawk County,
Iowa", adopted, and Mayor and Clerk authorized and directed to execute said Contract.
Ayes: Six. Absent: Getty. Resoluton adopted and upon approval by Mayor, assigned
No. 26557.
77205 - Moved by Bowers, seconded by Roehr that "An Ordinance amending Ordinance No. 2479,
as amended, by adding Sub -Section No. 168 to Section 2A-5, rezoning certain pro-
perty", be received, placed on file, considered and passed for the third time and now
placed on its final adoption. Ayes: Six. Absent: Getty. Motion carried.
77206 - Moved by Bowers, seconded by Burton that "An Ordinance amending Ordinance No. 2479,
as amended, by adding Sub -Section No. 168 to Section 2A-5, rezoning certain property",
be adopted. Ayes: Six. Absent: Getty. Ordinance adopted and upon approval by
Mayor, assigned No. 3051.
77207 - Moved by Burton, seconded by Bowers that "An Ordinance amending Ordinance No. 2479,
as amended, by adding Sub -Section No. 164 to Section 2A-5, conditional zoning certain
property", be received, placed on file, considered and passed for the second time.
Ayes: Six. Absent: Getty. Motion carried.
77208 - Moved by Dowie, seconded by Burton that "An Ordinance vacating two easements lying
along the north and along the sough lot lines of Lot 131, Cedar Terrace Third Ad-
dition, 229 Southcrest Drive", be received, placed on file, considered and passed
for the second time. Ayes: Six. Absent: Getty. Motion carried.
77209 - Moved by Dowie, seconded by Bowers that the rules requiring ordinances to be consid-
ered 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: Six. Absent: Getty. Motion carried.
77210 - Moved by Burton, seconded by Penaluna that "An Ordinance vacating two easements lying
along the north and along the south lot lines of Lot 131, Cedar Terrace Third Ad-
dition, 229 Southcrest Drive", be adopted. Ayes: Six. Absent: Getty. Ordinance
adopted and upon approval by Mayor, assigned No. 3052.
77211 - Moved by Burton, . seconded by Roehr that "Resolution by the City Council of the
Cit Council of the City of Waterloo, Iowa as Waterloo Housing Authority, adopting
new schedule of tenant nc imits for admission to its elderly public housing
project Ridgeway Towers, IA -50-3', be received, placed on file and action deferred
ctober 8, 1979. Moion
77'.12 - Moved by Penaluna, seconded by Roehr that communication from Mayor Rooff, submitting
for Council approval the appointment of Larry Rust, 2216 Rainbow Drive, to the Board
of Adjustment, to fill the unexpired term of Carl Eicher, expiring on December 8, 1984,
be received, placed on file and approved. Motion carried.
October 1, 1979
a.
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7-J'213 — Moved by Dowie, seconded by Burton that communication from City Engineer, transmitting
twenty petitions and waivers (100%) from owners of property to be assessed for Sans
SOL1Ci Drive Sanitary Sewer Program, 1979, Contract No. 192, be received. placed on
file, and "Resolution approving petitions and waivers", be adopted. Ayes: Five.
Absent: Getty. Penaluna declined to vote by reason of possible conflict of interest
under Section 362.6 of Code of Iowa. Resolution adopted and upon approval by Mayor,
assigned No. 26558.
77214 - Moved by Bowers, seconded by Wilharm that Wayne Claassen Engineering & Surveying, Inc
be instructed to prepare plans, specifications, form of contract, estimate of cost,
etc. for Sans Souci Drive Sanitary Sewer Program, 1979, Contract No. 192. Motion
carried.
77215 - Moved by Roehr, seconded by Dowie that plans, specifications, form of contract, esti-
mated cost, etc. for Sans Souci Drive Sanitary Sewer Program, 1979, Contract No.
192, be received and placed on file. Motion carried.
7'216 - Moved by Wilharm, seconded by Roehr that "Resolution of Necessity for the Waterloo,
Iowa, Sans Souci Drive Sanitary Sewer Program, 1979 (Contract No. 192)", ordering
construction of said Project, approving preliminary plat and schedule of assessments
and estimate of cost, tentative approval of plans, specifications, form of contract,
and final estimate of costs, and fixing a date for a public hearing on final adoption
of plans, specifications, form of contract and estimate of cost and a date construc-
tion bids will be received for said Project", be.adopted, and October 15, 1979 set
as date for public hearing and receiving of bids in the Council Chambers in City
Hall, at 7:00 P.M. Ayes: Five. Absent: Getty. Penaluna declined to vote by
reason of possible conflict of interest under Section 362.6 of Code of Iowa. Resolu-
tion adopted and upon approval by Mayor, assigned No. 26559.
77217 - Moved by Bowers, seconded by Burton that communication from Street Superintendent,
reporting retirement of Harry Heinick, effective 9/26/79, and entitlement of 364
hours sick leave and 184 hours vacation pay, be received, placed on file and "Resolu-
tion approving payment of $3101.68 sick leave and vacation pay to Harry Heinick, re-
tiree of Street Department", adopted. Ayes: Six. Absent: Getty. Resolution
adopted and upon approval by Mayor, assigned No. 26560.
77218 - Moved by Burton, seconded by Bowers that communication from Motor Vehicle Parking
Facilities Superintendent, reporting termination of Scott Jacobs, effective 9/27/79,
and entitlement to 1214 days sick leave and 40 hours vacation pay, be received, placed
on file and "Resolution approving payment of $781.08 sick leave and vacation pay
to Scott Jacobs, of Motor Vehicle Parking Facilities", adopted. Ayes: Six. Absent:
Getty. Resolution adopted and upon approval by Mayor, assigned No. 26561.
77219 - Moved by Penaluna, seconded by Bowers that communication from Sewer Superintendent,
reporting termination of John Wilson, Jr. effective 9/19/79, and entitlement of
971 hours sick leave pay, be received, placed on file and "Resolution approving
payment of $591.82 sick leave pay to John Wilson, Jr., of Sewer Department", adopted.
Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned
No. 26562.
?7220 - Moved by Roehr, seconded by Dowie that following requests for permission to attend
functions, with expenses allowed not to exceed amounts shown, be received, placed
on file and approved:
Patrolman, Juvenile Div. to National Conference on Child Abuse and Neglect, Los
Angeles, California, October 6-10, 1979, $635.00;
Community Development and Flood Control Administrator to Water Resources Congress
Board of Directors Meeting, Denver, Colorado, November 5 and 6, 1979, $339.00_:
Police Chief to Iowa State Policemen's Conference, Fort Dodge, Iowa, October 8,"9,
10, 1979, $150.00.
Ayes: Six. Absent: Getty. Motion carried.
77221 - Moved by Wilharm, seconded by Bowers that following applications for Beer Permits and
Beer Liquor License, be received, placed on file, approved and endorsed' applications
forwarded to the Iowa Beer and Liquor Control Department:
Beer Permit Applications - Class C
Pester Derby Oil Co. dba Pester Derby, 322 W. 11th Street
Pester Derby Oil Co. dba Pester Derby, 141.5 Logan Avenue
Beer Liquor License Application - Class C
Merlin Uhlenhake dba The Rib Cage, 302 Ansborough Avenue
Sunday Sales - Beer Permit Applications - Class C
Pester Derby Oil Co.dba Pester Derby, 322 W. 11th Street
Pester Derby Oil Co. dba Pester Derby, 1415 Logan Avenue
Motion carried.
October 1, 1979
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77222 - Moved by'Bowers, seconded by Burton that the following applications for taxicab
driver's permits, be received, placed on file and granted:
Chris J. Janssen 1711 Hawthorne Avenue
Jimmy A. Pass, 427 Beech Street
Motion carried.
77223 - Moved by Bowers, seconded by Dowie that report of City Attorney and list of bonds
filed with Clerk through 10/1/79 be received, placed on file and reportand
approved. Motion carried.
%7224 - Moved by Bowers, seconded by Dowie that action be Xferred on acceptance of a d
for F.Y. 1980 Sidewalk Program, Contract No, 46, u til October 8, 1979. Mot' n
carried.
%7225 - Moved by Bowers, seconded by Burton that the Countil adjourn. Motion carried.
October 1, 1979
W0
Katherine Gibbs,
City Clerk