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HomeMy WebLinkAbout10/06/80October 6, 1980 j 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 6, 1980. Mayor Rooff in the Chair. On roll call: Present: Wilharm, i Roehr, Penaluna, Getty, Dowie, Burton, Bowers. Absent_.Nones, Invocation. by Councilman Getty. 79273 - Moved by Roehr, seconded by Dowie, that the Agenda, as proposed, for the Regular Session of October 6, 1980, at 7:00 P.M., be accepted and approved. Motion carried. 79274 - Moved by Burton, seconded by Bowers, that the minutes of the Regular Session held Septem- ber 22, 1980 at 7:00 P.M., be approved. Motion carried. ORAL PRESENTATIONS Robert Hertges, 806 Fowler Street, asked if any progress had been made in relieving the sewer problems on Fowler Street. The Mayor said that money for the project was available and that the Engineering would be undertaken soon. ;79275 - Rev. Harold Sturtz, representing Calvery Cathedral Church, 3929 Richland Drive, stated that his church currently has a 14' x 70' temporary trailer on their church property. They had received verbal approval from the City to use the trailer as a temporary office site; however, had now received a letter stating that this could not be allowed. He stated that a neighborhood meeting had been held to address their concerns. Isadore Nadler, Attorney, for the residents, stated that the abstract's of the owners in the subdivision prohibited the use of trailers. 79276 - Moved by Getty, seconded by Penaluna, that this matter be placed on the October 13, 1980 City Council agenda for action. Motion' carried. Dell Morgan inquired as to what is being done with the vacant lot at the corner of East 4th and Water Streets. Mayor Rooff stated that the Department of Housing and Urban De- velopment would allow use of the property for open spaces, but that no decision had been made. Mayor Rooff updated the Council on the complaint filed by Black Community Advancement Association against the City in the awarding of construction contracts. He stated that without knowing what the specific allegations are, the City will not back down nor sign any agreements. HUD has declined to make the report available to the City. PETITIONS FROM THE PUBLIC Moved by Roehr, seconded by Dowie, that request of Lloyd G. Johnson for permission to construct one temporary concrete driveway at 1837 Rainbow Drive without regard to side- walk 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, ap- proved and "Resolution granting permission to Lloyd G. Johnson and authorizing construct- ion of a temporary concrete driveway at 1837 Rainbow Drive, irrespective of a later of- ficial grade", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27264. ;79277 - Moved by Dowie, seconded by Penaluna, that request of Helen Wohlert for permission to construct one temporary asphalt driveway at 1329 Garden Avenue without regard to side- walk 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, ap- proved and "Resolution granting permission to Helen Wohlert and authorizing construction of a temporary asphalt driveway at 1329 Garden Avenue, irrespective of a latter official grade", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assign- ed No. 27265. j79278 - Moved by Penaluna, seconded by Getty, that request of Daniel Pawlak for permission to con- struct one temporary concrete driveway at 443 South Hackett Road without regard to side- walk 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, ap- proved and "Resolution granting permission to Daniel Pawlak and authorizing construction of a temporary concrete driveway at 443 South Hackett Road, irrespective of a later of- ficial grade", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27266. 279 - Moved by Burton, seconded by Bowers, that request of Michael 0. Welton for permission to construct one temporary concrete driveway at 1722 Pinehurst Lane without regard to side- walk 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, ap- proved and "Resolution granting permission to Michael O. Welton and authorizing construct- ion of a temporary concrete driveway at 1722 Pinehurst Lane, irrespective of a later of- 2 79279 - _(Continued) ficial grade", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27267. 79280 - Moved by Roehr, seconded by Getty, that request of John Westerdorf for permission to con- struct one temporary asphalt driveway at 1622 Bertch Street on Minnesota Street without regard to sidewalk grade, together with $3.00 for recording waiver and City Engineer's recommendation for approval, subject to the provisons of his letter, be received, placed on file, approved and "Resolution granting permission to John Westendorf and authorizing construction of a temporary asphalt driveway at 1622 Bertch Street on Minnesota Street, irrespective of a later official grade", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27268. " 79281 - Moved by Wilharm, seconded by Dowie, that request of Nancy Shirey Trust for vacation, sale and conveyance of the north ninety (90) feet of an alley located north of West Mullan be- tween Commercial Street and the Cedar River for $180.00 plus costs and Plan and Program Commission's recommendation for approval be received, placed on file and "Resolution fix- ing the time and place of hearing as October 27, 1980, in City Hall, Council Chambers, on proposal to vacate, sell and convey the north ninety (90) feet of an alley located north of West Mullan between Commercial Street and the Cedar River", adopted and Clerk instruct- ed to publish notice of hearing. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27269. 79282 - Plan and Program Director, Don Temeyer, stated that vacating this alley and streets would allow the sale of a large parcel of land. The parcel would be sold to the highest bidder for residential purposes. Moved by Wilharm, seconded by Bowers, that communication from Plan and Program Commission transmitting a request of Leon Mosley to vacate sixteen foot alley between Ankeny and Virden Creek, Ankeny Street between Parker Street and John Street, and John Street between Ankeny Street and Virden Creek, be received, placed on file and adopt a "Resolution fixing the time and place of public hearing as November 3, 1980 at 7:00 P.M. in Council Chambers on the request of Leon Mosley to vacate sixteen foot alley between Ankeny Street and Virden Creek, Ankeny Street between Parker Street and John Street, and John Street between Ankeny Street and Virden Creek", and Clerk instructed to publish notice of public hearing. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27270. 79283 Moved by Roehr, seconded by Getty, that communication from Plan and Program Department transmitting the evaluative report of the Plan and Program Commission in regard to the development of a Self -Supported Municipal Improvement District (S.S.M.I.D.)and a schedule the City must follow in creating the S.S.M.I.D., be received and placed on file and adopt "Resolution fixing the time and place of a public hearing as November 3, 1980 at 7:00 P.M. in Council Chambers, City Hall, Waterloo, Iowa, to take action for the establishment of the S.S.M.I.D.", and instruct Clerk to publish notice of public hearing. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27271. REPORTS 79284 - Moved by Wilharm, seconded by Burton, that communication from Quintin T. Parker recommend- ing no parking on the east side of Hillcrest Avenue from 8:00 A.M. to 4:00 P.M. except Saturday and Sunday, be received, placed on file, approved and City Attorney instructed to submit an ordinance accordingly. Motion carried. 79285 - Moved by Wilharm, seconded by Roehr, that communication from Quintin T. Parker recommend- ing that the trees at West 4th and Russell, referred to in C.R.#79241 be referred back to the City Attorney for action. The City Attorney stated that the tree was moved from City right-of-way at the owner's expense. Motion carried. 79286 - Moved by Burton, seconded by Bowers that the annual report for the Waterloo Public Library for Fiscal Year 1980, be received and placed on file. Motion carried. 79287 - Moved by Wilharm, seconded by Roehr, that City Treasurer's Statement for September, 1980, showing Fund Balance September 1, 1980, $17,674,462.33 + Receipts $22,007.95 + Receipts City Clerk $357,329.31 + Receipts - City Treasurer $885,337.24 + Receipts - Transfers $309,109.13 - Disbursements $3,485,806.34, Fund Balance 9/30/80 $15,762,439.62, be received, placed on file and approved. Motion carried. 79288 - Moved by Dowie, seconded by Bowers, that communication from Plan and Program Commission, transmitting the minutes of the City Development Board indication that a second public hearing will not be required on proposed Neighborhood Housing Services Urban Revitalizat- ion Area be received And placed on file. Motion carried. DOCUMENTS October 6, 1980 - 3 - 29289 - Moved by Dowie, seconded by Penaluna, that communication from the Department of Environ- mental Quality for construction permit No. 80 -356 -Sewage, Klingaman Park Addition be re- ceived, placed on file and approved. Motion carried. 29290 - Moved by Bowers, seconded by Burton that communication from City Engineer of Certification of Completion and Recommendation of Acceptance of the F.Y. 1980 Oiling Program, Contract No. 204 be received, placed on file and "Resolution approving the Certificate of Complet- ion and Recommendation of Acceptance of the F.Y. 1980 Oiling Program, Contract No.204", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No.27272. 79291 - Moved by Roehr, seconded by Bowers, that the preliminary plat of Cedar Crest Second Addit- ion together with Deed of Dedication, Report of City Engineer, Report of Brice, Petrides & Associates, Inc., and Plan and Program Commission's Resolution of Approval and its re- commendation for Council approval, be received, placed on file and "Resolution approving the preliminary plat of Cedar Crest Second Addition, Black Hawk County, Iowa", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27273. 79292 - Moved by Bowers, seconded by Burton, that final plat of Dave's Addition together with Engineer's Certificate of Survey, Deed of Dedication, Petition and Waivers, Report of the City Engineer and Plan and Program Commission's resolution of approval and its recommend - ion for Council approval be received, placed on file and "Resolution approving the final plat of Dave's Addition, Black Hawk County, Iowa", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27274. 79293 - Moved by Roehr, seconded by Bowers, that contract, performance bond and certificate of in- surance for Contract No.210 be received, placed on file and "Resolution approving the con- tract and bond for each of the following sections: Section 1 -- McAninch Corporation -- $23,250.00; Section 2 -- Cedar Valley Corporation -- $10,936.75; Section 3 -- Stokes Landscaping, Inc. -- $3,899.25 for F.Y. 1981 Carriage Hill Retention Basin, Contract No. 210", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27275. RESOLUTIONS TO BE ADOPTED 79294 - Moved by Wilharm, seconded by Bowers, that communication from the City Finance Director recommending the City of Waterloo emp]oy the Auditors of Smith, Paulsen, & Evans of 3275 West 4th Street, Waterloo, Iowa, to have their examiners make an audit of the City records and accounts for the Fiscal Year ending June 30, 1980, be received, placed on file and "Resolution to employ the Audit Firm of Smith, Paulsen & Evans of Waterloo to make an audit of the City records and accounts for the Fiscal Year ending June 30, 1980", be adopted and the City Finance Director instructed to proceed accordingly and to notify the State Audito2i Office to this effect. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27276. 79295 - Moved by Getty, seconded by Dowie, that "A Resolution Authorizing the Execution of a Memor- andum of Agreement by and between the City of Waterloo, Iowa and Klawitter Distributing Co. & Fahr Beverage, Inc., regarding the issuance of Industrial Development Revenue Bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27277. 79296 - NOT TO EXCEED $1,200,O00INDUSTRIAL BONDS - Fahr Beverage, Inc., Project. Publish Notice, October/9, 1980, Set date of hearing, October 27, 1980. Moved by Bowers, seconded by Getty, that "Resolution directing the publication of a notice of intention to issue not to exceed $1,200,000 aggregate principal amount of Industrial Development Revenue Bonds (Fahr Beverage, Inc. Project) Series 1980 of the City of Waterloo, Iowa, and calling a public hearing on the proposal to issue said bonds", and date of hear- ing set as October 27, 1980 at 7:00 P.M. in the Council Chambers in City Hall. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27278. ORDINANCE TO BE ADOPTED 79297 - Moved by Getty, seconded by Bowers, that "An Ordinance establishing and designation the boundaries of an Urban Revitalization Area in the City of Waterloo", be adopted. Ayes: Penaluna, Getty, Dowie, Burton, Bowers. Nays: Wilharm, Roehr. Ordinameadopted and upon approval by Mayor, assigned No. 3103. 79298 - Moved by Burton, seconded by Bowers, that "An Ordinance amending Ordinance No. 2479 as amended, known as the Zoning Ordinance by repealing Subsection A.16 of Section 2A-33, Re- gulations, and by also repealing SubsectionA.3.c of Section 2A-37, Regulations; and enact- ing in lieu thereof new Subsection H.6. to Section 2A-48, Exceptions and Modifications, all pertaining to Junk and Auto Salvage Yards", be received, placed on file and passed for the third, time. Ayes: Seven. Motion carried. October 6, 1980 79299 - Moved by Bowers, seconded by Penaluna, that "An Ordinance amending Ordinance No. 2479 as amended, known as the Zoning Ordinanceby repealing Subsection A.16 of Section 2A-33, Re- gulations, and by also repealing Subsection A.3.c. of Section 2A-37, Regulations; and en- acting in lieu thereof new Subsection H.6. to Section 2A-48, Exceptions and Modifications, all pertaining to Junk and Auto Salvage Yards", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 3104. 79300 - Moved by Roehr, seconded by Burton, that "An Ordinance amending Ordinance No. 2479 as amended, by adding Subsection 179 and 180 to Section 2A-5, Rezoning Certain Property", be received, placed on file and passed for the third time. Ayes: Seven. Motion carried. 79301 - Moved by Burton, seconded by Dowie, that "An Ordinance amending Ordinance No. 2479, as amended, by adding Subsection 179 and 180 to Section 2A-5, Rezoning Certain Property", be adopted. Ayes: Seven. Ordinance Adopted and upon approval by Mayor, assigned No. 3105. NEW BUSINESS 79302 - Moved by Roehr, seconded by Dowie, that communication from Mayor Leo P. Rooff, requesting Council approval of the reappointment of Mr. Mike Lorenzen, 618 Sheridan Road to the Air- port Commission, be received, placed on file and approved. Motion carried. 79303 - Moved by Penaluna, seconded by Getty, that communication from Waterloo Water Works/srans- sitting their resolution adopted September 17, 1980, re stop flow of water and prevent further damage at 71 Franklin Street, together with statement of cost in the amount of $182.89 and waiver from Linnie B. Porter, owner, in compliance with City Ordinance No.1118, be received, placed on file and "Resolution making assessment for stoppage of flow of water and prevention of further damage &t 71 Franklin Street", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27279. 79304 - Moved by Burton, seconded by Bowers, that communication from Waterloo Water Works Board, transmitting their resolution adopted September 17, 1980, re stop flow of water and pre- vent further damage at 119 Argyle Street, together with statement of cost in the amount of $400.00 and waiver from Elvan Wooten and Verdilla Wooten, owners, in compliance with City Ordinance No. 1118, be received, placed on file and "Resolution making assessment for stoppage of flow of water and prevention of further damage at 119 Argyle Street", adopted. Ayes; Seven. Resolution adopted and upon approval by Mayor, assigned No. 27280. 79305 - Moved by Getty, seconded by Bowers, that following request for permission to attend funct- ions, with expenses allowed not to exceed amounts shown, be received, placed on file and approved: Lieutenant, Police Department, to attend Arson Detection & Investigation, Camp Dodge, Iowa, October 27 - November 7, 1980 -- mileage only -- approx. $96.00 Five Police Officers to attend Conference on the Sexual Abuse of Children, UNI, Cedar Falls Iowa, October 17, 1980 -- $75.00 ($15.00 per man), plus use of City vehicle. Adm. of Community Development & Flood Control to attend Joint Water Resourses Congress Board of Directors Meeting & Flood Control & Water users Meeting, Las Vegas, Nevada, Dec- ember 10-12, 1980 -- $768.00 Ayes: Seven. Motion carried. 79306 - Moved by Penaluna, seconded by Dowie, that communication from Acting Police Chief, re- questing the Class "C" Beer Permit and Class "C" Sunday Beer Permit of James A Woods dba West Side Grocery, 1055 Longfellow Street, be suspended for a period of fourteen days for violation of Chapter 123.49, subsection 3 of the 1979 Code of Iowa, and City Attorney to notify by hand -delivered mail. Ayes: Seven. Motion Carried. 79307 - Moved by Roehr, seconded by Getty, that following applications for Beer and Liquor Permit Licenses be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer & Liquor Permit License Application Class C G. Russell Clark dba Tic-Toc, 714 Sycamore Street. Beer Permit License Application Class C Larry L. Burrage dba Larry's Service, 4007 Independence Avenue Motion carried. October 6, 1980 - 5 - 79308 - Moved by Bowers, seconded by Roehr, that following applications for Peddler's License, be received, placed on file and approved: Mable Violet Picking, 417 West Park. Motion carried. 79309 - Moved by Burton, seconded by Bowers, that the following application for Ambulance Driver Attendant be received, placed on file and approved. James R. Williams, 2237 Edgemont Avenue, #7 Motion carried. 79310 - Moved by Getty, seconded by Penaluna, that the following application for Massage Technic- ian be received, placed on file and tabled one week until such time as license expiration date is known. Betty Heffner, 1608 La Porte Road. Ayes: Six. Nays: Wilharm. Motion carried. 79311 - Moved by Bowers, seconded by Burton, that report of City Attorney and list of bonds filed with Clerk through October 6, 1980, be received, placed on file and report and bonds ap- proved. Motion carried. 79312 - Moved by Getty, seconded by Burton, that the Council meeting in Executive Session to evaluate the professional competency on an individual whose performance or discharge is. being considered when necessary to prevent needless irreparable injury to that individual's reputation. The City Engineer requested the executive session. Ayes: Seven. Motion carried. 79313 - Moved by Getty, seconded by Burton, that Council close the Executive Session. Motion carried. 79314 - Moved by Getty, seconded by Wilharm, that Council adjourn. Motion carried. Larry P. Burger, City Clerk.