HomeMy WebLinkAbout07/02/79July 2, 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 2, 1979. Mayor Rooff in
the Chair. On roll call: Present: Bowers, Burton, Getty, Penaluna, Roehr,
Wilharm. Absent: Dowie. Invocation by Councilman Getty.
76604 - Moved by Roehr, seconded by Penaluna that the Agenda, as proposed
for the Regular Session of July 2, 1979 at 7:00 P.M., be accepted
and approved. Motion carried.
76605 - Moved by Burton, seconded by Penaluna that the Minutes of the Regular
Session held June 25, 1979 at 7:00 P.M., be approved. Motion carried.
76606 - Moved by Wilharm, seconded by Bowers that proof of publication of
notice of public hearing on rezone from "R-2" One and Two Family
Residence District to "C-1" Commercial District, property located
south of Rainbow Drive and east of Hanna Boulevard, as published
in Waterloo Courier on 6/15/79, upon request of Quik Trip Corporation
and on Council's own motion, be received and placed on file. Motion
carried.
76607 - This being the time for hearing, the Mayor called for oral and
written objections. The Clerk reported a 58% remonstrance petition
had been filed with Zoning Commission.
Oral objections were made by:
1. Earl E. Williamson, 127 Hanna Blvd., spokesman for residents
within 200';
2. Oscar J. Otteson, 135 Hanna Blvd., objecting to traffic and
destroying trees.
Speaking in support was:
1. Fred Debe for Quik Trip Corporation,stated lighting would be
directed at business and there would be no access to Hanna Blvd.
and presented a letter from said firm.
Moved by Penaluna, seconded by Roehr that the above objections,
support presentation and letter from Quik Trip Corporation, be recei-
ved and placed on file. Motion carried.
76608 - Moved by Roehr, seconded by Burton that request of Quik Trip Corp-
oration for rezone from "R-2" One and Two Family Residence District
to "C-1" Commercial District of real property located south of
Rainbow Drive and east of Hanna Boulevard, be denied. Ayes:
Wilharm, Roehr, Penaluna, Getty, Burton, Bowers. Absent: Dowie.
Motion carried.
76609 - Council Member Getty, Chairman, reported the Finance Committee and
Garage Superintendent recommended acceptance of the circled bids on
the bid tabulation sheet.
Moved by Getty, seconded by Bowers that the communication from
Garage Superintendent Cunningham, transmitting the tabulation on
bids submitted by various suppliers for tire, tubes, oils, batteries,
fule oil, etc., together with above recommendations of Finance
Committee and Garage Superintendent, be received, placed on file,
recommendations approved, bids accepted as recommended, for period
of 7/1/79 thru 6/30/80, and Finance Director directed and authorized
to issue purchase orders and warrants in payment in accordance
therewith. Ayes: Wilharm, Roehr, Penaluna, Getty, Burton, Bowers.
Absent: Dowie. Motion carried.
76610 - Mayor Rooff referred to Section 32-3 of City Code of Ordinances "Duty
of railway to maintain streets in proximity to tracks; specifications
and materials; Council may order repairs; action by city if railroad
fails to make repairs; assessment of costs", stated the railroad should
get on with fixing the crossings, and that he would come back with a
program for the Council to vote on.
Moved by Bowers, seconded by Burton that Mayor Rooff be instructed to
have a study made of the condition of the various railroad crossings,
come back with a plan of needed repairs and then proceed with rail-
road company to get the repairs done. Ayes: Wilharm, Roehr, Pen-
aluna, Getty, Burton, Bowers. Absent: Dowie. Motion carried.
July 2, 1979
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76611 - Mayor Rooff suggested an outside engineering firm be hired to pre -
Aare the program and assess costs to railroad company and the Council
informally gave the Mayor permission.
76612 - Mayor Rooff referred to Council Action #76551 of 6/25M(and read a
guidance from City Attorney Hultman that Part XI "S-1" District
Regulations (Shopping Center Commercial Districts) 2A-23 Statement
of Intent, clearly requires single ownership, management or control
and that the zone be developed as a shopping center and that the
Veterans of Foreign Wars (VFW) site plan proposal fails to meet any_
of the tests individually or collectively, and the previous action
#76551 was improper and should be rescinded.
Moved by Burton, seconded by Wilharm that the above communication
from City Attorney Hultman, be received and placed on file. Motion
carried.
76613 - Mayor Rooff reported Art Weber, Asst. Building Chairman for VFW,
had been told to hold up on the building by Building Official Parsons
and himself.
"S-1" Shopping Center Commercial District zoning was discussed,
together with completion within a time limit.
Moved by Getty, seconded by Wilharm that "Resolution rescinding
Resolution No. 26348 of 6/11/79 approving the revised site plan for
Veterans of Foreign Wars (VFW) building near intersection of Reber
Avenue and Fletcher Avenue", be adopted. Ayes: Wilharm, Roehr,
Penaluna, Getty, Burton, Bowers. Absent: Dowie. Resolution adopted
and upon approval by Mayor, assigned No. 26391.
76614 - Carl Roschke, 2900 [Jest 4th Street, stated the public alley at 1222
Hartman Avenue has been used as a private alley and requested it be
graded, rocked and used as a public alley. A discussion followed,
Carl Roschke agreed to paying for rock if City would grade and open
alley.
Moved by Wilharm, seconded by Burton that above request of Carl
Roschke, be received, placed on file and City Engineer to check.
Motion carried.
76615 - Melvina Gardner with CCI protested the City has not established a
special revolving fund to defray costs and expenses in repairing or
demolishing buildings'(Chapter 15 Uniform Housing Code). Mayor
Rooff stressed he has never told any department head not to enforce
any City ordinance, nor would he. He said this Code does not tell
Citv where money comes from, where it is spent or how much should be.
Mentioned was $30,000 allocation in block grant funds for demolitions;
if repairs are required, after 14 days if landlord doesn't repair,
tenant can repair and deduct from rent if repairs are not over one
month's rent. Speaking in support of CCI D_rote,st were Bill Blair,
Rose Markley, Mrs. Bradford, and others.
Mayor Rooff emphasized on demolition if landlord refuses to sign
waiver, then a court order had better be obtained. CCI Member
furnished a list of houses, namely 414 Florence Street, 228 Clay
Street, 1501 Franklin Street, 1315 Sycamore Street, 441 Mobile
Street, 807 Walnut Street, 114 S. Barclay Street, 423 Glenwood Street,
137 Smith Street, 208 Oaklawn Avenue and 204 Oaklawn Avenue, which
CCI wanted demolished. Mayor Rooff stated funds have been allocated
for demolition of dangerous buildings.
Moved by Roehr, seconded by Burton that above oral presentation and
protests be received and placed on file. Motion carried.
76616 - Mayor Rooff stated the City Attorney would need to look at the whole
Uniform Housing Code. CCI group wanted a resolution by next week.
Moved by Penaluna, seconded by Wilharm that this matter be referred
to Mayor Rooff and City staff to be studied in more detail.
Motion carried.
July 2, 1979
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76617
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76617 - Curtis Austin, 716 Beech Street, inquired about progress on time
limit for blocking railroad crossings on Linden Avenue, Glenwood
Street, East Fourth Street and Mobile Street. Mayor Rooff stated
the City Attorney was checking for other streets which may need to
be included.
76618 - Rev. John Hollingsworth stated he had told the people to present a
signed petition and to keep their cool. He felt the protesters were
acting "unmannerable".
76619 - Wilson Saunders, 1716 Baltimore Street, reported bad crossing at
Fletcher Avenue; spoke on trains blocking crossings; school children
crawling over and under trains; high brush at Fletcher Avenue on
right hand side, etc. Mayor Rooff stated the Intercity freeway
would cause massive relocation, but those crossings which are not
affected should be permanently repaired and the others in good
repair.
76620 - August Hopka, 1350 Black Hawk Road, reported traffic so heavy that
he could not get out of his driveway between 3 and 4 o'clock; also
bulldozer running on residential street. Mayor Rooff stated he
would have this checked.
76621 - Moved by Burton, seconded by Bowers that communication from City
Engineer, transmitting a petition from Dale F. Holub, 1524 Forest
Avenue, et al, representing 67% property frontage, requesting oiling
of 1500 block of Forest Avenue, be received, placed on file and
referred to City Engineer to make sure not in paving program. Motion
carried.
76622 - Moved by Roehr, seconded by Burton that request from Roger C. Neebel
Const., for permission to construct one 28' commercial curb cut on
East San Marnan Drive to serve 123, 125 & 127 Southbrook Drive, as
shown on attached plat, and City Engineer's recommendation for
approval subject to the provisions of his letter, be received, Dlaced
on file, recommendations approved and permission granted in accord-
ance therewith. Motion carried.
76623 - Moved by Burton, seconded by Roehr that request from John G.Miller
Construction Co. for permission to construct one 42' commercial
curb cut on South Street to serve Eagle Food Center at West 7th and
Washington Streets, and to close existing curb cut to the west of
proposed approach 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.
76624 - Mayor Rooff presented a letter from Capitol Savings and LoanAssoc-
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iation agreeing to substitute and amen its--request-for M--l_Indust- "'
rial Zoning to M-2 Planned Industrial Area so approval can be com-
Dleted at 7/2/79 meeting.
oved by Bowers, seconded by Burton that the above letter, be
r ceived and placed on file. Motion carried.
76625 - U der Council Action #76542 of 6/25/79, action was deferred on request
f Capitol Savings and Loan Association for rezone from R-3, R -P
Planned Residence District to M-1 Light Industrial District - 80
acres in Section 11 -89N -13W, east of Burton Avenue and 520' south of
Airline Hiway.
Bruce Radue read a portion of Part XXVI, 2A-55 "The Zoning Commission
shall upon receipt of petition and plat notify by mail all parties
concerned, of a hearing at least 10 days prior to hearing, etc,"
and on M -2,P, which is a more open zoning, no notification was
received. Discussed was removal of dirt, cutting grade level, denial
of building permit if properly zoned, etc. Les Timmerman asked for
a week's postponement in taking action and Bruce Radue requested vote
tonight.
Moved by Wilharm, seconded by Bowers that action be deferred for
one week. Motion carried.
July_ 2, 1979
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76626 - Moved by Bowers, seconded by Getty that Change Order No. 1 for East
San Marnan Drive Paving and Incidentals, Contract No. 168, for add-
itional work by Cedar Falls Construction Company, Inc. for an.add-
itional cost of $820.00, and City Engineer's recommendation for
approval, be received, placed on file, approved and Mayor and Clerk
authorized to execute same. Ayes: Wilharm, Roehr, Penaluna, Getty,
Burton, Bowers. Absent: Dowie. Motion carried.
76627 - Moved by Burton, seconded by Bowers that construction plans for storm
sewer extension serving Hidden Cove as submitted by Schenk Engineering
Co., and City Engineer's recommendation for approval, be received,
placed on file and approved. Motion carried.
76628 - Moved by Roehr, seconded by Getty that "An Ordinance amending Ordin-
ance 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 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, Burton, Bowers. AbSent:Dowie.
Motion carried.
76629 - Moved by Roehr, seconded by Bowers that "An Ordinance amending
Ordinance No. 2479, as amended,by adding Sub -Section No. 164 to Sec-
tion 2A-5, conditional zoning certain property", be adopted. Ayes:
Wilharm, Roehr, Penaluna, Getty, Burton, Bowers. Absent: Dowie.
Ordinance adopted and upon approval by Mayor, assigned No. 3035.
76630 - Moved by Wilharm, seconded by Getty that a Conditional Zoning Agree-
ment dated July 2, 1979 between St. Mary's Church Corporation (lessor),
the Peoples' Community Health Clinic, Inc. (lessee) and the City of
Waterloo, be received, placed on file and "Resolution approving a
Conditional Zoning Agreement for real property near corner of East
Parker and East Fourth Streets and authorizing execution of same",
adopted. Ayes: Wilharm, Roehr, Penaluna, Getty, Burton, Bowers.
Absent: Dowie. Resolution adopted and upon approval by Mayor,
assigned No. 26392.
76631 - Moved by Getty, seconded by Bowers that "An Ordinance establishing
that salary of the Mayor of the City of Waterloo, Iowa, as $28,622.50,
beginning January 2, 1980, and repealing Ordinance No. 2909", be
received, placed on file, considered and the rules requiring ordin-
ances 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, Burton,
Bowers. Absent: Dowie. Motion carried
76632 - Moved by Penaluna, seconded by Getty that "An Ordinance establishing
the salary of the Mayor of the City of Waterloo, Iowa, as $28,622.50,
beginning January 2, 1980, and repealing Ordinance No. 2909", be
adopted. Ayes: Wilharm, Roehr, Penaluna, Getty, Burton, Bowers.
Absent: Dowie. Ordinance adopted and upon approval by Mayor,
assigned No. 3036.
76633 - Moved by Getty, seconded by Burton that "An Ordinance fixing the
compensation of Council Members of the City of Waterloo, Iowa, as
$2,568.00 per annum, beginning January 2, 1980, and repealing
Ordinance No. 2910", 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: Wilharm, Roehr, Penaluna,
Getty, Burton, Bowers. Absent: Dowie. Motion carried.
76634 - Moved by Burton, seconded by Roehr that "An Ordinance fixing the
compensation of Council Members of the City of Waterloo, Iowa, as
$2,568.00 per annum, beginning January 2, 1980, and repealing
Ordinance No. 2910", be adopted. Ayes: Wilharm, Roehr, Penaluna,
Getty, Burton, Bowers. Absent: Dowie. Ordinance adopted and upon
approval by Mayor, assigned No. 3037.
July 2, 1979
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76635
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76635 - Moved by Wilharm, seconded by Bowers that "An Ordinance amending
Chapter 34, Article III, Sewers, of the Code of Ordinances of the
City of Waterloo, by repealing Section 34-54, Basic charge and rates
established; basis of determination; increase of rates and charges
for delinquent payments, paragraph (f) and enacting in lieu thereof
new Section 34-54, paragraph (f)", be received, placed on file,
and action deferred until July 9, 1979. Ayes: Wilharm, Roehr,
Penaluna, Getty, Burton, Bowers. Absent: Dowie. Motion carried.
76636 - Mayor Rooff reported the Kirk Gross Company was expanding its bus-
iness and going to employ more people.
Moved by Roehr, seconded by Burton that Memorandum of Agreement with
Kirk Gross Co. in connection with issuance of not to exceed $350,000
industrial development revenue bonds under Chapter 419, Code of Iowa,
be received, placed on file and referred to Ahlers, Cooney, Dorweiler,
Haynie & Smith, Bonding Attorneys. Motion carried.
76637 - Moved by Bowers, seconded by Getty that communication from Mayor
Rooff, recommending the City of Waterloo proceed with the issuance of
$1,735,000 general obligation bonds for the following projects, be
received, placed on file, approved and City Clerk instructed to
employ the firm of Chapman and Cutler, Bonding Attorneys, Chicago,
Illinois to prepare the necessary legal proceedings:
Street Improvements
Contracts 166, 168 and 170 $442,000
Supplemental Paving Program 303,000
Sixth Street Bridge Design 30,000
775,000
Traffic Signals $150,000
Park Improvements $100,000
Storm Sewer
Li erty Park Retention Pond $500,000
Mass Transit - Bus Fleet 210,000
$1,735,000
Motion carried.
76638 - Moved by Getty, seconded by Penaluna that following requests for
permission to attend functions, with expenses allowed not to exceed
amounts shown, be received, placed on file and approved:
Detective Sergeant to color printing techniques school, Winona Lake,
Indiana, July 2 thru 13, 1979, $1,113.40.
City Engineer and Assistant to annual congress of American Public
Works Association, Portland, Oregon, September 21 thru 27, 1979,
$773.00 each.
Ayes: Wilharm, Roehr, Penaluna, Getty, Burton, Bowers. Absent:
Dowie. Motion carried.
76639 - Moved by Bowers, seconded by Roehr 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 B
Madri Corporation dba Long John Silver's, 2775 Crossroads Blvd.
Beer Liquor License Applications
Class C
Hat Trick, Inc. dba Criterion Catering Service Inc.,
Hat Trick Lounge, 425 Washington Street
Anthony Grundmeyer dba Buzz's 856 Rainbow Drive
Gordon E. Zurbriggen dba Gordy's Seven Seas Lounge, 3927-3937
West Airline Hiway
Charles R. Gash dba Chicken Charlie's Picadilly Tap, 416 Jefferson
Street
David A. Young dba Anchor Lounge, 324 West 4th Street
July 2, 1979
76639 - (Continued)
Sunday Sales - Beer Permit Application
Class B
Ma�cr Corporation dba Long John Silver's, 2775 Crossroads Blvd.
Motion carried.
76640 - Moved by Getty, seconded by Roehr that forty-two (42) 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.
76641 - Moved by Burton, seconded by Bowers that application and fee of
M. Lloyd Cox dba Loyd's Display Center, 1721 Cornwall Avenue, for
Sign Painter License, be received, placed on file and granted.
Motion carried.
76642 - Moved by Penaluna, seconded by Wilharm that the following applications
for Permits, be received, placed on file and granted:
Ambulance Driver and Attendant
Christopher B. White, 1617 Rainbow Drive
Paul Daniel Huber, 104 S. Bigelow, New Hampton, Ia.
Ambulance Attendant
Kevin Barkhoff,1327 Edgewood
Motion carried.
76643 - Moved by Getty, seconded by Bowers that the following applications
for taxicab driver's permit, be received, placed on file and granted:
Don Martin, 520 River Forest Road, Evansdale, Ia.
Arnold Henry Krause, 6112 Sycamore Street
Motion carried.
76644 - Moved by Bowers, seconded by Getty that report of City Attorney and
list of bonds filed with Clerk through 7/2/79 be received, placed on
file and report and bonds approved. Motion carried.
76645 - Moved by Penaluna, seconded by Getty that the Council adjourn.
Motion carried.
Katherine Gibbs
City Clerk
July 2, 1979