HomeMy WebLinkAbout07/16/79A,*r
July 16, 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 July 16, 1979. Mayor Rooff in the
Chair. On roll call: Present: Wilharm, Roehr, Penaluna Getty, Dowie,
Bowers. Absent: Burton. Invocation by Councilman Wilharm.
76705 - Moved by Roehr, seconded by Bowers that the Agenda, as proposed, for
the Regular Session of July 16, 1979 at 7:00 P.M., be accepted and
approved. Motion carried.
76706 - Moved by Bowers, seconded by Dowie that the Minutes of the Regular
Session held July 9, 1979 at 7:00 P.M., be approved. Motion carried.
76707 - Warren Jenkins, Deputy Auditor of State of Iowa, presented the F.Y.
1978 Audit Report for the City of Waterloo as made by the State Aud-
itor's staff, with the following comments: Item budget was amended
correctly but could have been done more timely; recommend City use
encumbrance system in accounting; establishment of a fixed asset group
of accounts; all departments should deposit receipts on daily basis with
City Clerk and Treasurer Offices; implementation of a formal numbered
journal entry system for recording adjusting journal entries and
transfers; questioned items on entertainment even though reimbursements
were made prior to expenditure but not documented; recommend expendi-
tures for approved special funded projects be charged to project account
from outset; Recreation Canteen Account should be included in Finance
Director's system of accounting and reporting; "Waterloo Police Depart-
ment Ammunition Fund" should be deposited in General Fund, disburse-
ments approved by Council, and photocopy machine use should be monitored
through copy log.
Mayor Rooff thanked the State Auditor's staff for monitoring the City
for compliance with the State Code and for bringing the audit. He
stated he would take un_ with the City Attorney the Comments and Re-
commendations.
Moved by Wilharm, seconded by Roehr that the above comments and recomm-
endations and F.Y. 1978 Audit Report of the City of Waterloo, be
received and placed on file. Motion carried.
76708 - Moved by Dowie, seconded by Bowers that proof of publication of notice
of public hearing on proposal to vacate two easements in Lots 85 and
86, Prairie Meadow West Fifth Addition, as published in Waterloo Cour-
ier on 6/29/79, requested by Arlin Zevenbergen for Red Carpet Realty
of Waterloo, be received and placed on file. Motion carried.
76709 - This being the time for hearing, the Mayor called for oral and written
objections and there were none.
Moved by Dowie, seconded by Bowers that "An Ordinance vacating two
easements in Lots 85 and 86, Prairie Meadow West Fifth Addition", be
received, placed on file, considered and passed for the first time.
Ayes: Wilharm, Roehr, Penaluna, Getty, Dowie, Bowers. Absent: Burton.
Motion carried.
76710 - Moved by Dowie, seconded by Wilharm that 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, Roehr, Penaluna, Getty, Dowie, Bowers.
Absent: Burton. Motion carried.
76711 - Moved by Getty, seconded by Wilharm that "An Ordinance vacating two
easements in Lots 85 and 86, Prairie Meadow West Fifth Addition"
be adopted. Ayes: Wilharm, Roehr, Penaluna, Getty, Dowie, Bowers.
Absent: Burton. Ordinance adopted and upon approval by Mayor,
assigned No. 3039.
76712 — Moved by Roehr, seconded by Dowie that proof of publication of notice
of public hearing on proposal to vacate an easement in Lot 21, Noble
Hadley Second Addition lying along the Sally lot line of Lot 21, as
published in Waterloo Courier on 6/29/79, requested by Mike Crawley
for Bullock Garages, be received and placed on file. Motion carried.
76713 - This being the time for hearing, the Mayor called for oral and written
objections and there were none.
July 16, 1979
IWA
76713 - (Continued)
Moved by Wilharm, seconded by Roehr that "An Ordinance vacating an
easement in Lot 21, Noble Hadley Second Addition", be received, placed
on file, considered and passed for the first time. Ayes: Wilharm,
Roehr, Penaluna, Getty, Dowie, Bowers. Absent: Burton. Motion
carried.
76714 - Moved by Dowie, seconded by Wilharm that 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, Roehr, Penaluna, Getty, Dowie, Bowers.
Absent: Burton. Motion carried.
76715 - Moved by Penaluna, seconded by Roehr that "An Ordinance vacating an
easement in Lot 21, Noble Hadley Second Addition", be adopted. Ayes:
Wilharm, Roehr, Penaluna, Getty, Dowie, Bowers. Absent: Burton.
Ordinance adopted and upon approval by Mayor, assigned No. 3040.
76716 - Moved by Roehr, seconded by Bowers that proof of publication of notice
of public hearing on rezoning from "A-1" Agricultural District to
"C-2" Commercial District approximately 5.5 acres in Section 18 -88N -12W,
located east of U.S. Highway 218 and one quarter mile north of East
Orange Road Extended, as published in Waterloo Courier on 6/29/79,
upon the request of Crown Development Company, upon City Zoning Comm-
ission's recommendation and Council's own motion, be received and placed
on file. Motion carried.
76717 - Moved by Wilharm, seconded by Dowie that "An Ordinance amending
Ordinance No. 2479, as amended, by adding Sub -Section No. 166 to Sec-
tion 2A-5, rezoning certain property", be received, placed on file,
considered and passed for the first time. Ayes: Wilharm, Roehr,
Penaluna, Getty, Dowie, Bowers. Absent: Burton. Motion carried.
76718 - Moved by Getty, seconded by Penaluna that proof of publication of
notice of public hearing on rezoning from "A-1" Agricultural District
to "R-4, R -P" Planned Residence District approximately 25.88 acres
in Section 23 -88N -13W, located south of East Orange Road and east of
Hammond Avenue, as published in Waterloo Courier on 6/29/79, upon the
request of A and M Realty for Fay M. Anderson, upon the City Zoning
Commission's recommendation, and Council's own motion, be received
and placed on file. Motion carried.
76719 - This being the time for hearing, the Mayor called for oral and written
objections, and there were none.
Discussed was sewer in existence, overload, when service is there,
Council has little to say about control; Council approval of site plan,
etc.
Moved by Getty, seconded by Bowers that "An Ordinance amending Ordin-
ance No. 2479, as amended, by adding Sub -Section No. 167 to Section
2A-5, rezoning certain property", be received, placed on file, con-
sidered and passed for the first time. Ayes: Roehr, Penaluna, Getty,
Dowie, Bowers. Nays: Wilharm. Absent: Burton. Motion carried.
76720 - Moved by Bowers, seconded by Getty that proof of publication of notice
of public hearing on rezoning from "R-3" Multiple Residence District to
"R-2" One and Two Family Residence District approximately 5 acres in
Sections 16 and 21-89-13, located east of South Hackett Road and north
of Westbourne Road extended, as publishe oo Courier on
6/29/79, upon the request of William L Eastment, he City Zoning
Commission's recommendation and Counci 's own mot'on, be received and
placed on file. Motion carried.
76721 - This being the time for hearing, the Mayor called for oral and written
objections, and there were none.
Discussed was downzoning to more restrictive use, and low density
residential development, in building moratorium area, etc.
July 16, 1979
1.
-%% -3- -11".
76721 - (Continued)
Moved by Wilharm, seconded by Dowie that "An Ordinance amending Ordin-
ance No. 2479, as amended, by adding Sub -Section No. 168 to Section
2A-5, rezoning certain property", be received, placed on file, con-
sidered and passed for the first time. Ayes: Wilharm, Roehr, Penaluna,
Getty, Dowie, Bowers. Absent: Burton. Motion carried.
76722 - Moved by Penaluna, seconded by Bowers that proof of publication of
notice of public hearing on rezoning from "R-2" One and Two Family
Residence District to "R-3" Multiple Family Residence District app-
roximately 4 acres in Section 13 -89N -13W, located east of North Barclay
Street and North of Oliver Street extended, as published in Waterloo
Courier on 6/29/79, upon request of Maxine Scott and Council's own
motion, be received and placed on file. Motion carried.
76723 - This being the time for hearing, the Mayor called for oral and written
objections. The Clerk reported a 33% petition of remonstrance was
filed with Zoning Commission.
Oral objections were made by:
1. Tom Dolan, 1316 North Barclay Street,
2. Lyle Ernster, 1226 North Barclay Street,
3. Louise Williams, 437 Gable Street,
4. Rev. Elick Paterson, 428 Charles Street,
5. Michael Roby, 534 Warren Drive.
Moved by Bowers, seconded by Roehr that the above objections, be re-
ceived and placed on file. Motion carried.
76724 - Moved by Bowers, seconded by Wilharm that the above objections be
sustained and request denied. Ayes: Wilharm, Roehr, Penaluna, Getty,
Dowie, Bowers. Absent: Burton. Motion carried.
76725 - Moved by Dowie, seconded by Penaluna that proof of publication of
notice of public hearing on site plan for Hardee's Food Systems, Inc
2945 Crossroads Boulevard, an "S-1" Shopping Center District, upon
recommendation of Plan and Program Commission and on Council's own
motion, as published in Waterloo Courier on 6/29/79, be received and
placed on file. Motion carried.
76726 - This being the time for hearing, the Mayor called for oral and written
objections, and there were none.
Discussed was "S-1 Shopping Center District" implied interpretation.
Moved by Getty, seconded by Wilharm that "Resolution approving the site
plan for Hardee's Food Systems Inc., 2945 Crossroads Boulevard", be
adopted. Ayes: Wilharm, Roehr, Penaluna, Getty, Dowie, Bowers.
Absent: Burton. Resolution adopted and upon approval by Mayor,
assigned No. 26414.
76727 - Wilda Bowman, 628 Hope Street, stated she was circulating a petition
for an improvement under block grant funds and asked for percentage
to be paid by owner over ten year period. Mayor Rooff said the City
and the block grant funds paid, roughly, 67% and owners 33%, at an
annual interest rate of 7%, if the Council elected to go block grant
in the area.
Plan and Program Director Franke offered to meet with the neighbors
and Mayor Rooff said he would come if he had the evening open.
Wilda Bowman reported the alley in the 600 block of Hope Street needed
gravel.
Moved by Wilharm, seconded by Dowie that the above presentation be
received and placed on file. Motion carried.
76728 - Charles Demuth, 801 Reber Avenue, presented a petition for re -zone to
R-1 One and Two Family Residence District the area known as Reber
Square located west of Fletcher Avenue, north of Reber Avenue and east
of U.S. Highway 63. Discussed was interpretation of word "reasonable"
constitutionality of two year period before reversion back to previous
classification, etc.
July 16, 1979
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76728 - (Continued)
Moved by Roehr, seconded by Penaluna that the above petition be rec-
eived, placed on file, and referred to Zoning Commission. Motion
carried.
76729 - Moved by Dowie, seconded by Bowers that offer of Lawrence and Roxanne
Seals, 130 Harrison Street, to purchase Disposal Parcel No. J -26(P),
138 Harrison Street, in Westfield -Virden Urban Renewal Area, Project
No. Iowa R-7, for sum of $400.00, for side yard purposes, and approval
report of Community Development Board, be received, placed on file,
"A resolution authorizing the sale of Disposal Parcel J -26(P) in the
Westfield -Virden Urban Renewal Area, Project No. Iowa R-7", adopted,
and hearing set for August 20, 1979 at 7:00 P.M. in Council Chambers
in City Hall. Ayes: Wilharm,Roehr, Penaluna, Getty, Dowie, Bowers.
Absent: Burton. Resolution adopted and upon approval by Mayor,
assigned No. 26415.
76730 - Moved by Bowers, seconded by Roehr that request of Bishop C. Burt
for permission to construct one 24' commercial curb cut to serve a
Lodge at 820 Newell Street, 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.
76731 - Moved by Getty, seconded by Wilharm that request of Marilyn M. Aarons
for permission to construct a temporary concrete driveway at 1220 Lyon
Avenue without regard to sidewalk grade, together with $3.00 for.re-
cording 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 Marilyn M. Aarons and authorizing
construction of a temporary concrete driveway at 1220 Lyon Avenue,
irrespective of a later official grade", adopted. Ayes: Wilharm,
Roehr, Penaluna, Getty, Dowie, Bowers. Absent: Burton. Resolution
adopted and upon approval by Mayor, assigned No. 26416.
76732 - Moved by Getty, seconded by Wilharm that request of G. A. & Louise
E. Lauer for permission to construct a temporary concrete driveway at
1325 Avon 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 G. A. & Louise E.
Lauer and authorizing construction of a temporary concrete driveway
at 1325 Avon Avenue, irrespective of a later official grade", adopted.
Ayes: Wilharm, Roehr, Penaluna, Getty, Dowie, Bowers. Absent:
Burton. Resolution adopted and upon approval by Mayor, assigned No.
26417.
76733 - Moved by Roehr, seconded by Bowers that minutes of the regular meeting
of the Community Development Board held June 12, 1979 at 7:00 P.M.,
be received, placed on file and approved. Motion carried.
76734 - Moved by Roehr, seconded by Penaluna that communication from Metro-
politan Patient Transfer, Inc. submitting present rates for ambulance
service calls, as requested under Council Action #76663 of 7/9/79,
be received, placed on file and following new rates approved effective
immediately:
Scheduled $47.50
Non-scheduled and 60.00
Emergency
Airport 75.00
Motion carried:
76735 - Under Council Action #76651 of 7/9/79, the petition from Mr. and Mrs.
David L. Hall, 216 Polk Street, et al, for posting of a speed limit of
10 MPH in an alley parallel to and between Polk Street and French Street
was referred to the Police Department.
Council Member Getty stated the law wouldn't recognize a 10 14PH speed
limit, so City couldn't post alley.
July 16, 1979
76735 -
-5-
(Continued)
Moved by Getty, seconded by Bowers that report of Police Captain
Beener, Traffic Division, be received, placed on file, said alley not
be posted, City Clerk instructed to mail to Mr. and Mrs. Hall a copy
of said report, and any problems be corrected by calling Police Depart-
ment. Motion carried.
76736 - Under Council Action #76676 of 7/9/79 action was deferred on construc-
tion plans for storm sewer and paving facilities serving Granger's
Second Addition.
Mayor Rooff stated recommendation was made to change from single to
double outlet which should allievate sewer problem on Nancy Road and
Lynda Road.
Moved by Dowie, seconded by Wilharm that the above construction plans
be approved. Motion carried.
76737 - Under Council Action #76659 of 7/9/79 action was deferred on request
of Black Hawk County Board of Supervisors for cancellation of special
assessments on certain properties on which offers had been made at
6/11/79 auction sale until house number and street addresses were
furnished.
City Clerk Gibbs reported the said addresses had not been received.
Moved by Getty, seconded by Wilharm that action on the above request
be deferred until house number and street addresses are received.
Motion carried.
76738 - Moved by Dowie, seconded by Penaluna that communication from Plan and
Program Commission, transmitting a site plan for Waterloo Public Lib-
rary located within the block bounded by Cedar Street, Park Avenue,
Commercial Street and West Third Street, as legally described in
attached Exhibit "A", and recommending approval, and on Council's own
motion, be received, placed on file, approved and date of hearing set
as August 6, 1979 at 7:00 P.M. in City Hall and Clerk instructed to
publish notice. Motion carried.
76739 - Moved by Roehr, seconded by Penaluna that communication from City
Engineer, transmitting Engineering Contract for Contract No. 176, and
recommending approval, be received, placed on file and "Resolution
approving Engineering Contract with Wayne Claassen Engineering and
Surveying, Inc. for F.Y. 1980 Paving Program No. 1, Contract No. 176",
adopted, and Mayor and City Clerk authorized and directed to execute
said Contract in behalf of the City. Ayes: Wilharm, Roehr, Penaluna,
Getty, Dowie, Bowers. Absent: Burton. Resolution adopted and upon
approval by Mayor, assigned No. 26418.
76740 - Moved by Dowie, seconded by Getty that construction plans for sanitary
sewerage facilities serving Camelot Court and Sears Street with Sewage
Treatment Agreement form WQ-59 (12/78) for the Department of Enviro-
mental Quality, and City Engineer's recommendation for approval subject
to final acceptance of plans being reviewed and accepted by DEQ, be
received, placed on file, recommendations approved, and Mayor and
Clerk authorized to execute said Agreement Form. Motion carried.
76741 - Moved by Getty, seconded by Wilharm that "An Ordinance amending
Ordinance No. 2446, as amended, known as the Milk Ordinance by repeal-
ing all of Section 5-A Inspection Fees and enacting in.lieu thereof
new Section 5-A Inspection Fees", 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 ordinance
recorded as having been considered and passed for the second and
third times, and now placed on its final adoption. Ayes: Wilharm,
Roehr, Penaluna, Getty, Dowie, Bowers. Absent: Burton. Motion
carried.
76742 - Moved by Wilharm, seconded by Bowers that "An Ordinance amending Ordin-
ance No. 2446, as amended, known as the Milk Ordinance by repealing all
of Section 5-A Inspection Fees and enacting in lieu thereof new Section
5-A Inspection Fees", be adopted. Ayes: Wilharm, Roehr, Penaluna,
Getty, Dowie, Bowers. Absent: Burton. Ordinance adopted and upon
approval by Mayor, assigned No. 3041.
July 16, 1979
76743 - Moved by Bowers, seconded by Roehr that Estimate No. 1 Report for
Contract No. 166, Section I, with City Engineer's recommendation for
approval, be received, placed on file and "Resolution approving Esti-
mate No. 1 Report for work and materials furnished by Hurst Excavating,
Inc. for F.Y. 1979 Paving Program No. 1, Contract No. 166, Section I,
and authorizing payment accordingly", adopted. Ayes: Wilharm, Roehr,
Penaluna, Getty, Dowie, Bowers. Absent: Burton. Resolution adopted
and upon approval by Mayor, assigned No. 26419.
76744 - Moved by Roehr, seconded by Wilharm that communication from Quintin T.
Parker, Sign & Traffic Maintenance Department, recommending the follow-
ing amendments to the Traffic Ordinance, be received, placed on file,
approved and City Attorney instructed to submit an ordinance according-
ly:
Speed Limit Changes
Hoff Road - 35 M.P.H. from West Fourth Street to West Shaulis Road;
Hoff Road - 45 M.P.H. from West Shaulis Road to southerly corporate
limits;
West Fourth Street - 35 M.P.H. from West Ridgeway Avenue to the south-
erly city limits.
Through Street
Upland Avenue from Ansborough Avenue to Muncy Avenue.
Remove parking restriction
Off the west side of Brockway Road from Glencoe Avenue to West Park
Lane.
Motion carried.
76745 - Moved by Bowers, seconded by Getty that communication from Frank L.
Avery, Radio Engineer, reporting his retirement effective 7/26/79,
and entitlement of 60 days sick leave and 32 days vacation pay, be
received, placed on file and "Resolution approving payment of $5,446.40
sick leave and vacation pay to Frank L. Avery, Radio Engineer Retiree",
adopted. Ayes: Wilharm, Roehr, Penaluna, Getty, Dowie, Bowers.
Absent: Burton. Resolution adopted and upon approval by Mayor,
assigned No. 26420.
76746 - Moved by Penaluna, seconded by Bowers that communication from Street
Superintendent, reporting retirement of Morris Benson, effective 7/5/79,
and entitlement of 6432 hours sick leave and 260 hours vacation pay,
be received, placed on file and "Resolution approving payment of
$5,484.25 sick leave and vacation pay to Morris Benson, retiree of
Street Department", adopted. Ayes: Wilharm, Roehr, Penaluna, Getty,
Dowie, Bowers. Absent: Burton. Resolution adopted and upon approval
by Mayor, assigned No. 26421.
76747 - Moved by Roehr, seconded by Wilharm that communication from Police
Chief, reporting resignation of Charles Becker, effective 6/6/79,
and entitlement of 25.5 days sick leave and 23 days vacation pay, be
received, placed on file and "Resolution approving payment of $2,781.96
sick leave and vacation pay to Charles Becker, resignee of Police Depart-
ment", adopted. Ayes: Wilharm, Roehr, Penaluna, Getty, Dowie, Bowers.
Absent: Burton. Resolution adopted and upon approval by Mayor, assign-
ed No. 26422.
76748 - Moved by Bowers, seconded by Dowie that following request for permiss-
ion to attend function, with expenses allowed not to exceed amount
shown, be received, placed on file and approved:
Superintendent of Sewers to International Public Works Congress and
Equipment Show, Portland, Oregon, September 20 thru 27, 1979, $735.00.'
Ayes: Wilharm, Roehr, Penaluna, Getty, Dowie, Bowers. Absent: Burton.
Motion carried.
76749 - Moved by Dowie, seconded by Bowers that the following application for
Beer Permits, be received, placed on file, approved and endorsed app-
lications forwarded to the Iowa Beer and Liquor Control Department:
July 16, 1979
• -7- ""1.1
76749 - (Continued)
Beer Permit Applications
Class B
Happy Joe's Pizza & Ice Cream Parlor, 3362 University Avenue
Class C
James A. Woods dba 4th Street Westside Grocery, 508 West 4th Street
Daisy Dairy, Inc. dba Daisy Maid #7, 1920 Mitchell Avenue
Sunday Sales - Beer Permit Application - Class B
Happy Joe's Pizza & Ice Cream Parlor, 3362 University Avenue
Class C
James A. Woods dba 4th Street Westside Grocery, 508 West 4th Street
Daisy Dairy, Inc., dba Daisy Maid #7, 1920 Mitchell Avenue
Motion carried.
76750 - Moved by Roehr, seconded by Getty that following application for
cigarette permits at the location designated, be received, placed on
file and granted:
James A. Woods dba 4th Street Westside Grocery, 508 West 4th
Street
Jim Schoo, dba Jim's Lounge, 1406 Commerical Street
Motion carried.
76751 - Moved by Wilharm, seconded by Getty that fourteen (14) applications
for permission to sell cigarettes at various locations in the City of
Waterloo, Iowa, be received, placed on file, approved and permits
granted. Motion carried.
76752 - Moved by Bowers, second by Dowie that the application of Ferman Jones,
Jr., 433 Donald St., Apt. 104, for taxicab driver's permit, be received,
placed on file and granted. Motion carried.
76753 - Moved by Getty, seconded by Penaluna that application of Debra Sanders,
136 Ricker, for massage technician permit, be received, placed on file
and granted subject to the requirements of ordinance governing same.
Motion carried.
76754 - Moved by Bowers, seconded by Roehr that report of City Attorney and
list of bonds filed with Clerk through 7/16/79 be received, placed on
file and report and bonds approved. Motion carried.
76755 - Moved by Dowie, seconded by Bowers that the Council adjourn.
Motion carried.
July 16, 1979
Katherine Gibbs,
City Clerk