HomeMy WebLinkAbout03/12/1979March 12, 1979
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 March 12, 1979. Mayor Rooff in the Chair.
On roll call, Present: Bowers, Burton, Dowie, Getty, Roehr, Wilharm. Absent:
Hutchison. Invocation by Councilman Wilharm.
75880 - Moved by Dowie, seconded by Wilharm that the Agenda, as amended, for
the Regular Session of March 12, 1979 at 7:00 P.M., be accepted and
approved. Motion carried.
75881 - Moved by Roehr, seconded by Getty that the Minutes of the Regular Ses-
sion held March 5, 1979 at 7:00 P.M., be approved. Motion carried.
75882 - Moved by Roehr, seconded by Dowie that proof of publication of notice
of public hearing on rezoning from "R-3" Multiple Residence District
and "R-2" One and Two Family Residence District to "R-1" One and Two
Family Residence District, approximately 86 acres bounded by Rainbow
Drive on north, proposed Hackett Road Bypass on west, Maynard Avenue
on south, and north -south extension of Ardmore Street on east, as
published in Waterloo Courier on 2/23/79, upon request of Donald L.
Henderson, 134 Letsch Road, et al, and Council's own motion, be re-
ceived and placed on file. Motion carried.
75883 - This being the time for hearing, the Mayor called for oral and written
objections, and there were none.
Speaking in support were: Harry Zaneville, Atty. for area residents,
questioned the R-1 zoning being changed to R-3 upon the request of Roy
Avis without the area residents having a voice and without the municipal
zoning requirements in Chapter 414.3 of Iowa Code being met as to street
congestion, water, sewerage, overcrowding of land, etc. as Castle Hill '-
came into Waterloo due to its serious water and sewer problems.
Walter Cunningham, 235 Letsch Road, expressed concern as to, increased
danger to children, one access for cars causing more chance of car ac-
cidents, especially at corner Letsch
of Road and Maynard Avenue, and
asked for consideration to beiven the traffic
g� problem now and if 100
more units are developed.
-
Jim Hibben, 1227 Pleasant View Drive, reviewed his bad experiences with
water and sewer problems, and was concerned if more units were added
in area.
Leon Wirtjes, 1314 -Pleasant Valley Drive, stated a study by Stanley
Engineering in January, 1959, showed the problems in detail and felt
the proposed multiple unit development violated Section 414.3. He
pointed out the petition for R-1 zoning was signed by 121 of 130 pro-
perty owners or 94%.
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Discussed was setting precedent, down zoning, no objections filed by
developers, moratorium still in effect on rezoning, platfinal approval.,
building permits, holding to sewer study a city problem, etc.
-,Moved by Roehr, seconded by Burton that the above written and oral pre-
sentations supporting "R-1" One and Two Family Residence District, be
received and placed on file. Motion carried.
75884
- Mayor Rooff recommended the hearing be closed and not do anything until:
such time as the Engineer could come back with a study. Zoning Director'
Franke reported the developer did come in with a maximum of 65 units,
which
was a unit reduction, but has added a number of things they wanted
the City to do, and the Zoning Commission was not at a point to make a
decision or recommendation to the Council; also, if accepted by all, it
would be a R -P zoning.
Mayor Rooff stated the moratorium was on unless Council overrides him
and no building permits issued until he says "yes"; also, that Harry
Zaneville, Atty. for area residents, would be given one week's notice
before this comes back
on Council agenda.
Moved by Roehr, seconded by Dowie that Council action on said rezone re-
quest and all other matters related or incidental thereto be and is here-
by deferred and continued to a meeting of this Council at a future date
after Council has more facts, at this place, and that this Council re-
tains jurisdiction of said rezone request and other related matters for
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consideration and action thereon at said adjourned meeting. Ayes; Six.
Absent -Hutchison. Motion carried.
a
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75885 - Moved by Wilharm, seconded by Bowers that proof of publication of notice
to property owners of public hearing on a proposed Resolution of Necessi-
ty for F.Y. 1979 Paving Program No. 2, Contract No. 170, be received and
placed on file. Motion carried.
75886 - The Mayor called for objections to adoption of proposed Resolution of
Necessity for construction of certain street improvements in the corpora-
tion, pursuant to notice of time and place of hearing duly published and
mailed, and pursuant to prior action of said Council; and announced to
those present at said Council meeting that both written and -oral objec-
tions would be received and considered by the Council at this time.
The Clerk reported written objections were filed as follows:
1. Violet Long, 230 Monroe Street, et al, to Monroe Street between Col-
orado Street and Arizona Street;
2. Mrs. Henry Maddox, 813 Archer Avenue,to French Street;
3. R.E. Eilders, 350 Idaho Street, to Wyoming Street.
Written support was filed by: Anna M. Bagley, 410 South Hackett Road,
et al, for South Hackett Road between Rainbow Drive and University Avenue.
Moved by Bowers, seconded by Roehr that the above written objections
and written support be received and placed on file. Motion carried.
75887 - Mayor Rooff announced the level of funding has been set at two thirds
(2/3) block grant cost and one third (1/3) property owner cost. City
Engineer reported on South Hackett Road the storm sewer was included;
if underground water and sewer is renewed, property owner's expense; lots
would have to be stubbed in for water and sewer; assessment formula for
each property abutting street is (1) one half for actual frontage abutt-
ing street, (2) one half for property area, and (3) properties within
300' or one-half block from that street intersection, the highest rate
is frontage, next is area, and third is intersection within 300' or
one-half block.
Moved by Getty, seconded by Wilharm that South Hackett Road from Univer-
sity Avenue to Rainbow Drive be retained in the program. Motion carried.
75888 - Shirley Sommerfelt, 848 Thorson Avenue, inquired about intersection,
storm sewer opening, deficiencies, water hook up and will contact City
Engineer.Paul McGrane, 1224 Avon Street, supported paving.
Moved by Wilharm, seconded by Getty that Avon Avenue from Riehl Street
to Thorson Avenue be retained in this program. Motion carried.
75889 - Le Roy Powells, 335 Bates Street, supported paving of Bates Street.
Moved by Bowers, seconded by Getty that Bates Street from Shilliam
T Avenue to Oneida Street be retained in this program. Motion carried.
75890 - Paul Schmitz, 110 French Street, favored paving but reported no drainage
for 300' from Colorado Street to French Street and was informed that
many of these streets have storm sewer included.
Moved by Bowers, seconded by Wilharm that the Colorado Street from
Dubuque Road to Independence Avenue be retained in this program. Motion
t
carried.
75891 - Lloyd Moe, 901 Burton Avenue, and Shawn Kolthoff, 1027 Dawson Street,
t were informed the assessments could be paid in ten annual installments.
Moved by Roehr, seconded by Wilharm that Dawson Street from Leonard
Avenue to Burton Avenue be retained in this program. Motion carried
75892 - LeRoy Powells supported paving of Douglas Street.
Moved by Getty, seconded by Bowers that Douglas Street from Bates Street
to Mobile Street be retained in the program. Motion carried.
75893 - Moved by Bowers, seconded by Getty that French Street from Colorado
Street to Idaho Street be retained in this program. Motion carried.
March 12, 1979
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75894 - LeRoy Powells supported paving Halstead Street.
Moved by Wilharm, seconded by Getty that Halstead Street from Shilliam
Avenue to Oneida Street be retained in this program. Motion carried.
75895 - LeRoy Powells supported paving of Jackson Street.
Moved by Bowers, seconded by Burton that Jackson Street from Shilliam
Avenue to Sumner Street be retained in this program. Motion carried.
75896 - Moved by Roehr, seconded by Wilharm that Leonard Avenue from Kern Street
to approximately 190' south be retained in this program. Motion carried.
75897 - Moved by Bowers, seconded by Burton that Linn Street from Oneida Street
to Quincy Street, Linn Street from Newell Street to Lester Street, and
Oliver Street from East Fourth Street to North Barclay Street, be re-
tained in this programa Motion carried.
75898 - W.F. Van EE supported paving of Riehl Street.
Moved by Roehr, seconded by Getty that Riehl Street from Burton Avenue
to approximately 115' west of Marlin Court be retained in this program.
Motion carried.
75899 - A question was raised as to paying for water connection from across the
street to a vacant lot and reason given that it may be built on at some
future time. R.E. Eilders, 350 Idaho Street, stated he had no access to
Wyoming Street and no utilities.
Moved by Bowers, seconded by Burton that Wyoming Street from Lafayette
Street to Dubuque Road be retained in program. Motion carried.
75900 - Discussed was objection petition to Violet Long, et al, represented 86%
of property owners of Monroe Street between Colorado Street and Arizona
Street.
Moved by Bowers, seconded by Burton that Monroe Street from Colorado
Street to Arizona Street be deleted from the F.Y. 1979 Paving Program
No. 2, Contract No. 170. Motion carried.
75901 - After receiving or hearing written and oral objections, the Mayor de-
clared the time for receiving of objections, to be closed. After re-
viewing all the objections received, the Council found and determined
that no remonstrance, pursuant to the provisions of Section 384.51 of
the City Code of Iowa, was filed with the Council, pertaining to the
proposed improvement as set out in said Resolution of Necessity as
originally proposed.
Moved by Wilharm, seconded by Roehr, seconded by Roehr that "Resolution
overruling and sustaining objections to F.Y. 1979 Paving Program No. 2,
Contract No. 170", be adopted. Ayes: Six. Absent: Hutchison. Resolu-
tion adopted and upon approval by Mayor, assigned No. 26209.
75902 - Moved by Wilharm, seconded by Roehr that "Resolution amending Resolution
of Necessity for F.Y. 1979 Paving Program No. 2, Contract No. 170", be
adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon
approval by Mayor, assigned No. 26210.
75903 - Moved by Wilharm, seconded by Dowie that "Resolution adopting Resolution
of Necessity, as amended,"be adopted. Ayes: Six. Absent: Hutchison.
Resolution adopted and upon approval by Mayor, assigned No. 26211.
75904 - Moved by Wilharm, seconded by Dowie that "Resolution directing Engineer
to prepare detailed plans and specifications and directing Attorney to
prepare form of contract and notice to bidders on the "Waterloo, Iowa,
F.Y. 1972 Paving Program No. 2 (Contract No. 170)", be adopted. Ayes:
Six. Absent: Hutchison. Resolution adopted and upon approval by
Mayor, assigned No. 26212.
75905 - Moved by Roehr, seconded by Getty that City Engineer's detailed plans,
specifications, form of contract, form of proposal, preliminary estimate
of cost, etc. and notice to bidders for the F.Y. 1979 Paving Program No.
2, Contract No. 170, be received, placed on file and "Resolution order-
ing bids, approving plans, specifications and form of contract and
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75905 - (Continued)
notice to bidder, fixing amount of bid security, and ordering Clerk to
publish notice and fixing a date for receiving same, and for a public
hearing on plans, specifications, form of contract and estimate of
costs", adopted and date set as April 2, 1979. Ayes: Six. Absent:
Hutchison. Resolution adopted and upon approvel by Mayor, assigned No.
26213.
75906 - William LeCompte, 949 Belle Street, protested a request for rezoning
an Unclassified - 1 area to M-1 Light Industrial District a tract of
land directly east of KNWS radio station as inadequate for flood run-
off and Cedar Terrace and Triange Terrace area people should also be
notified.
Zoning Director Franke stated Plan and Program Commission were reviewing
the request for developer and Zoning Commission must have hearing, and
then presented to Council for hearing, and no recommendations have been
made at this time.
75907 - Dwayne Eilers asked for Osage Road at Highway 20 and Lafayette Street to
be raised as it is in swamp. Mayor Rooff asked the City Engineer to
look at it.
75908 - Moved by Roehr, seconded by Bowers that offer of David L. and Sandra K
Neuendorf, 2604 Crestline Avenue, to purchase Disposal Parcel No.J-18(P),
130 Lincoln Street, in Westfield -Virden Urban Renewal Area, Project No.
Iowa R-7, for the sum of $420, for side yard purposes, and approval re-
port of Community Development Board, be received, placed on file "A
resolution authorizing the sale of Disposal Parcel J -18(P) in the West-
field Virden Urban Renewal Area, Project No. Iowa R-7", adopted, and
hearing set for April 23, 1979, at 7:00 P.M. in Council Chambers in
City Hall. Ayes: Six. Absent: Hutchison. Resolution adopted and
upon approval by Mayor, assigned No. 26214.
75909 - Moved by Bowers, seconded by Burton that Finance Director's Statement
for February, 1979 showing Fund Balance 2/1/79 $14,393,251.46, + Receipts
$8,379,321.07, - Bill Payments $1,222,916.01, - Payrolls $741,508.16,
- Tranfers $1,344,733.55, - Commissions $540,728.69, Fund Balance 2/28/79
$18,922,686.12, be received, placed on file and approved. Motion carried.
75910 - Moved by Roehr, sedonded by Dowie that communication from Finance Direc-
tor, transmitting 1978 Annual Audit of Motor Vehicle Parking Facilities
Funds of City of Waterloo, Iowa, as made by Carney, Alexander, Marold
and Company, Certified Public Accountants, be received and placed on
file. Motion carried.
75911 - Plan and Program Director Frank, gave figures on garbage collection ex-
penditures and revenues and showed justifications for raising garbage
fee to $3.00 per month, with any overage to be used to pay garbage
portion of Workmen's Compensation, Liability Insurance, etc.
Karen Kopplin questioned if any property tax would be used for garbage
and Mayor Rooff stated beginning July 1, 1979, there would be none unless
something unforeseen arises.
Dwayne Eilers suggested the purchase of the landfill and was informed the
Landfill Commission could do this and City could not.
Discussed was once a week pick up. Councilman Roehr stated the Landfill
Commission was getting federal grant to make a study of other ways.
Moved by Burton, seconded by Dowie that "Ordinance amending Chapter 16,
Garbage and Refuse, of the Code of Ordinances of the City of Waterloo,
Iowa by repealing Subsection (a) under Section 16-8, Fee for Service,
Penalty for Late Payment; Reimbursement, and enacting in lieu thereof
a new Subsection (a) under Section 16-8, Fee for Service, Penalty for
Late Payment; Reimbursement", be recieved, placed on file, considered
and passed for second time. Ayes: Six. Absent: Hutchison. Motion
carried.
March 12, 1979
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75912 - Moved by Roehr, seconded by Burton that "Resolution direction the adver-
tisement for sale of $33,000 Sewer Improvement Bonds (Huntington Road
Storm Sewer District Improvement Project, 1977, Contract No. 95)", be
adopted and sale date set as April 2, 1979. Ayes: Six. Absent: Hutch-
ison. Resolution adopted and upon approval by Mayor, assigned No.26215.
75913 - Moved by Wilharm, seconded by Roehr that "Resolution providing for the
issuance of $180,000 Street Improvement Bonds for F.Y. 1978 Paving Pro-
gram, Contract No. 162", be adopted. Ayes: Six. Absent: Hutchison.
Resolution adopted and upon approval by Mayor, assigned No. 26216.
75914 - Moved by Burton, seconded by Dowie that "Resolution providing for the
issuance of $200,000 Sewer Improvement Bonds for Triangle Terrace and
Suburban Heights Sanitary Sewer Improvement Project, 1978 #1, Contract
No. 189", be adopted. Ayes: Six. Absent: Hutchison. Resolution
adopted and upon approval by Mayor, assigned No. 26217.
75915 - Moved by Bowers, seconded by Getty
location of the official bulletin
tentative agenda for, meetings of
entrance hallway wall next to the
be adopted. Ayes: Six. Absent:
upon approval by Mayor, assigned N
that "A resolution designating the
board for posting notice of, and
Council or its Committees as front
door and counter of the clerk's office"
Hutchison. Resolution adopted and
o. 26218.
75916 - Moved by Getty, seconded by Wilharm that "Resolution, Bills, Schedule A",
be adopted. Ayes: Six. Absent: Hutchison. Dowie voted with reser-
vations on items with asterisks for reason of possible conflict of in-
terest under Section 362.6 Code of Iowa. Resolution adopted and upon
approval of Mayor, assigned No. 26219.
75917 - Moved by Getty, seconded by Wilharm, that "Resolution, Bills, Schedule
B", be adopted. Ayes: Six. Absent: Hutchison. Dowie voted with
reservations on items with asterisks for reason of possible conflict of
interest under Section 362.6 Code of Iowa. Resolution adopted and upon
approval by Mayor,
assigned No. 26220.
75918 - Moved by Roehr, seconded by Getty that communication from City Engineer
reporting Acting Assistant City Engineer Eric Thorson is now a Registered
Professional Engineer and is being appointed Assistant City Engineer
effective immediately, -be received, placed on file and approved. ?Motion
carried.
75919 - Moved by Getty, seconded by Dowie that communication from Superintendent
of Streets, reporting retirement of Kenneth Collins from the Street
Department, effective 1/31/79, and entitlement to 111 hours sick leave
and 200 hours vacation pay, be received, placed on file and "Resolution
approving payment of $1,806.91 sick leave and vacation pay to Kenneth
Collins, Retiree of Street Department", adopted. Ayes: Six. Absent:
Hutchison. Resolution adopted and upon approval by Mayor, assigned No.
26221.
75920 - Moved by Burton, seconded by Roehr that communication from City Engineer
reporting resignation of Alan Iroff from Engineering Department, effec-
tive 3/2/79, and entitlement of 88-3/4 hours sick leave and 8 hours
vacation pay, be received, placed on file and "Resolution approving
payment of $597.92 sick leave and vacation pay to Alan Iroff, Resignee
of Engineering Department", adopted. Ayes: Six. Absent: Hutchison.
Resolution adopted and upon approval by Mayor, assigned No. 26222.
75921 - Moved by Bowers, seconded by Getty that following requests for permission
to attend functions, with expenses allowed not to exceed amounts shown,
be received, placed on file and approved:
Health/Sanitation Director and Inspector to "Update Mosquitoes--1979/New
Concepts" Meeting, Des Moines, Iowa, March 20, 1979, $10.00 + use of
City car;
Milk Sanitarian and Assistant to 38th Annual Spring Meeting of Iowa
Association of Milk, Food & Environmental Sanitarians and Dairy Indus-
try Conference, Des Moines, Iowa, March 26 and 27, 1979, $90.00 + use
of City car.
Ayes: Six. Absent: Hutchison. Motion carried.
I.
75922 - Moved by Bowers, seconded by Getty that following applications for
Beer Liquor Licenses, be received, placed on file, approved and endorsed
applications forwarded to the Iowa Beer and Liquor Control Department:
Beer Liquor License Applications
Class
Lindbergh Whitis dba Club Rendezvous, 829 East 4th Street
Irene D. Martin dba 929 Tap, 929 West 5th Street
Estella Bishop dba Estella's Good Time Lounge, 1400 East 4th Street
Robert J. Murphy dba Forum Tap, 1318 Sycamore Street,
Motion carried.
75923 - Moved by Getty, seconded by Burton that application and fee from !let-
ropolitan Patient Transfer, Inc., 4304 Rownd'Street, Cedar Falls, for
one Ambulance License, be received, placed on file and granted. Motion
carried.
75924 - Moved by Wilharm, seconded by Roehr that application of Vernette G.
Klenzman dba Vernie's Conoco for permission to sell cigarettes at First
and Jefferson Streets, be received, placed on file and granted. Motion
carried.
75925 - Moved by Getty, seconded by Bowers that application of Douglas R. Brower
725 West 5th Street, for Taxicab Driver's Permit, be received, placed
on file and granted. Motion carried.
75926 - Moved by Bowers, seconded by Getty that report of City Attorney and
list of bonds filed with Clerk through 3/12/79 be received, placed on
file and report and bonds approved. Motion carried.
75927 - Moved by Burton, seconded by Wilharm that the Council adjourn. Motion
carried.
March 12, 1979 Katherine Gibbs,
City Clerk