HomeMy WebLinkAboutMinutes-07/07/1980July 7, 1980
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 7, 1980. Mayor Rooff in the
Chair. On roll call: Bowers, Burton, Dowie, Getty, Penaluna, Roehr, Wilharm.
Absent: None. Invocation by Councilman Wilharm.
78732 - Moved by Roehr, seconded by Bowers that the Agenda as proposed, for the
Regular Session of July 7, 1980, at 7:00 P.M. be accepted and approved.
Motion carried.
78733 - Moved by Burton, seconded by Dowie that the minutes of the Regular Sess-
ion held June 23, 1980, at 7:00 P.M. be approved. Motion carried.
78734 - Moved by Roehr, seconded by Bowers that proof of publication of notice
of public hearing on proposal to sell and convey real estate described
as Lot 10, Block 17, Hayes' Addition as published in the Waterloo Cour-
ier on June 20, 1980, be received and placed on file. Motion carried.
78735 - Moved by Burton, seconded by Penaluna that communication from Plan and
Program Commission transmitting an appraisal summary sheet prepared by
Norman V. Faucher be received and placed on file. Motion carried.
78736 - Hold Hearing - This being the time and place to hold hearing the Mayor
called for written and oral objections, and there were none.
Moved by Bowers, seconded by Penaluna that bids be received and placed
on file and instruct Clerk to open and read and refer to Plan and Pro-
gram Department. Clerk reported that the following sealed bids had been
received:
BIDDER
Bearing Service Company, Inc., Waterloo
Motion carried.
AMOUNT OF BID
$11,100.00
78737 - Moved by Roehr, seconded by Burton that "Resolution approving and auth-
orizing the conveyance of real property known as Lot 10, Block 17 Hayes'
Addition as published in the Waterloo Courier on June 20, 1980, to Bear-
ing Service Company, Inc., and direcinq and authorizing the Mayor and
City Clerk to execute and delivera deed accordingly", be adopted. Ayes:
Seven. Resolution adopted and upon approval by Mayor, assigned No.27083.
78738 - Councilman Getty stated that Bob Smith requested that the City Council
consider lowering the paving assessment ($71,000) for his property which
fronts onto San Marnan Drive. (completed under Contract No. 168).
Moved by Getty, seconded by Burton that this matter be brought to the
table for discussion. Motion carried.
78739 - Moved by Getty, seconded by Wilharm that the final assessment received
by Bob Smith for paving completed under Contract No. 168 along San Mar-
nan Drive remain unchanged. Ayes: Seven. Motion carried.
78740 - Bill Hoffman, Director of Health and Sanitation, reported to the Council
the current rabbies outbreak in Iowa and the procedures his office is
subsequently undertaking. Any dog or cat that bites a human being must
be contained in a confinement area for 14 days at the owner's expense.
He explained that considerable opposition has been met to this procedure
and asked that the Council concur with his office's current action in
this regard.
Moved by Burton, seconded by Bowers that the City Council agrees that
the above procedure of 14 day containment was appropriate in view of the
rabbies situation in Iowa. Motion carried.
78741 - Councilman Bowers reported that the telephone survey undertaken by the
Building Committee has shown that if changes are made as recommended, an
approximate savings of $4,000.00 could be realized.
Moved by Bowers, seconded by Burton that work on the telephone changes
be instituted immediately. Motion carried.
78742 - Mayor Rooff stated that the proceeds from the sale of Lot 10, Block 17,
Hayes' Addition will be utilized for Riverfront improvements.
Moved by Penaluna, seconded by Wilharm that $11,100.00 be allocated to
the Park Department for use in making Riverfront improvements. Motion
carried.
78743 - Moved by Wilharm, seconded by Getty that request of Kent Kischer for per-
mission to construct a temporary concrete driveway at 2205 Downing Avenue
without regard to sidewalk grade, together with $3.00 for recording waiv-
er, and City Engineer's recommendation for approval subject to the pro-
visions of his letter, be received, placed on file, approved and "Reso-
lution granting permission to Kent Kischer and authorizing construction
of a temporary concrete driveway at 2205 Downing Avenue, irrespective of
a later official grade", adopted. Ayes: Seven. Resolution adopted and
upon approval by Mayor, assigned No. 27084.
78744 - Moved by Penaluna, seconded by Roehr that request of Evelyn K. Secor for
permission to construct a temporary concrete driveway at 1033 Virginia
Street without regard to sidewalk grade, together with $3.00 for record-
ing 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 Evelyn K. Secor and authorizing con-
struction of a temporary concrete driveway at 1033 Virginia Street, ir-
respective of a later official grade", adopted. Ayes: Seven. Resolut-
ion adopted and upon approval by Mayor, assigned No. 27085.
78745 - Moved by Burton, seconded by Dowie that request of Homz Partners for va-
cation of a 30 foot construction easement generally described as lying
north of Downing Avenue and approximately 125 feet west of Doreen Avenue
and Plan and Program Commission Staff's recommendation for approval be
received, placed on file and "Resolution fixing the time and place of
hearing as July 28, 1980 in City Hall Council on proposal to vacate a 30
foot construction easement located north of Downing Avenue and approxi-
mately 125 feet west of Doreen Avenue", adopted and Clerk instructed to
publish notice of hearing. Ayes: Seven. Resolution adopted and upon
approval by Mayor, assigned No. 27086.
78746 -- Moved by Bowers, seconded by Getty that request of P and P Enterprises
for vacation, sale and conveyance of a portion of Bopp Street described
as lying between U.S. Highway 218 and proposed freeway I-380 with City's
retention of a permanent easement over a portion of the parcel for $2,106.
00 plus costs and Plan and Program Commission's recommendation for appro-
val be received, placed on file and "Resolution :Fixing the time and place
of hearing as July 28, 1980 in City Hall, Council Chambers on proposal to
vacate, sell and convey a portion of Bopp Street with City's retention of
a permanent easement over a portion of the parcel", adopted and Clerk in-
structed to publish notice of hearing. Ayes: Seven. Resolution adopted
and upon approval by Mayor, assigned No. 27087.
78747 - Moved by Wilharm, seconded by Dowie that City Treasurer's Statement for
June 30, 1980, showing Fund Balance June 1, 1980, $17,637,044.58 + Re-
ceipts - Taxes $500,061.57 + Receipts - City Clerk $346,472.59 + Receipts
- City Treasurer $1,990,853.87 + Receipts - Transfers $648,483.84 - Dis-
bursements $3,714,797.48, Fund Balance 6-30-80 $17,408,118.97, be receiv-
ed, placed on file and approved. Motion carried.
78748 — Gary Witcombe, 3656 W. 4th Street, spoke in favor of allowing on -street
parking on W. 4th Street in the area of W. 94th Street and Kingswood Place.
Moved by Penaluna, seconded by Wilharm that .report of Sign and Traffic
Maintenance Department regarding the parking situation on West Fourth
Street from Kimball Avenue to the southerly corporate limits referred to
them under Council Action 78700 with recommendation to instruct the City
Attorney to submit an ordinance prohibiting parking on both sides of West
Fourth Street from Kimball Avenue to the southerly corporate limits and
the oral comments of Gary Witcombe be received, placed on file, and re-
ferred back to Quintin Parker, Supt. of Sign and Traffic, for further
consideration of the situation, particularly near the intersection of West
Fourth Street and Kingswood Place. Ayes: Burton, Dowie, Getty, Penaluna,
Wilharm. Nayes: Bowers and Roehr. Motion carried.
July 7, 1980
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78749 - Moved by Dowie, seconded by Getty that Change Order No. 3 for Section 2
for work performed on the UDAG Project Public Improvements, Phase I, Con-
tract No. 175 for decrease of $10,161.19 together with the Community De-
velopment's recommendation for approval be received, placed on file, ap-
proved and Mayor and City Clerk authorized to execute same. Motion carried.
78750 - Moved by Bowers, seconded by Burton that contract, Performance Bond, and
Certificate of Insurance for Contract No. 202, be received, placed on file,
and "Resolution approving contract and bond of Cedar Falls Construction
Company, Inc., for N.H.S. Quincy and Manson Paving Program No. 1, Con-
tract No. 202 in the amount of $132,966.59", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 27088.
78751 - Bob Alcorn, 4655 Winghaven Drive spoke against the platting of Klingaman
Park. He referred to his abstract which showed future proposed develop-
ment differently than now being proposed by Young Development.
Wayne Lowe, 4789 Clover Lane, spoke against platting of the land by Young
Development, due to the potential for drainage problems.
Don Temeyer, Director of Planning and Programming, stated that the Techni-
cal Committee & the City Engineer had reviewed the -storm water situation
and recommerded that a drainage easement be retained over a portion of
Lots 3 and 4, then easterly to an existing manhole. To date, Young De-
velopment has not obtained an easement across the property lying east of
the proposed plat.
Harold Michels, Engineer for Young Development, stated that the natural
flow of water cannot be inhibited;also stated that no stipulations can
be placed on unplatted property such as proposed future development.
A resident also spoke against the off -set street pattern shown on the
plat and the potentially hazardous situation that could result. Mayor
Rooff stated that unfortunately no City ordinances address this situat-
ion.
Moved by Penaluna, seconded by none that the Preliminary Plat of Klinga-
man Park with Deed of Dedication, Report of City Engineer, Report of
Brice, Petrides & Associates, Plan and Program Commission's resolution
of approval and its recommendation for Council approval, be received,
placed on file and "Resolution approving the Preliminary Plat of Klinga-
man Park, Waterloo, Black Hawk County, Iowa", be adopted. After further
discussion, the motion was withdrawn.
78752 - Moved by Roehr, seconded by Bowers that Preliminary Plat of Klingaman
Park with Deed of Dedication, Report of City Engineer, Report of Brice,
Petrides & Associates, Plan and Program Commission's resolution of ap-
proval and its recommendation for Council approval, be received, placed
on file and "Resolution approving the Preliminary Plat of Klingaman Park,
Waterloo, Black Hawk County, Iowa", be referred back to the Plan and Pro-
gram Commission for further investigation into the drainage situation.
Motion carried.
78753 - Moved by Bowers, seconded by Burton that communication from Building Of-
ficial transmitting Hold Harmless and Indemnification Agreement from
James L. Rooff for the property at 305 Paper Mill Street recently sold
to him by the City of Waterloo, be received, placed on file, approved
and Clerk instructed to record same. Motion carried.
78754 - Moved by Burton, seconded by Bowers that communication from Community De-
velopment Administrator transmitting Audit Reports for the following Econ-
omic Development Administration Grant Projects:
City Hall Annex
Paving of Idaho and Newell and Widening of Independence Avenue
Huntington Road Paving
West Side Parking Ramp
be received and placed on file. Motion carried.
78755 - Moved by Roehr, seconded by Dowie that communication from Community De-
velopment Administrator requesting the transfer of $33,500.00 from Com-
pletion of Urban Renewal to Demolition to be used for the demolition of
property at 611-615 Water Street be received, placed on file and approved
and "Resolution authorizing the transfer of $33,500.00 from Completion of
July 7, 1980
78755 - (continued)
Urban Renewal to Demolition to be used for the demolition of property at
611-615 Water Street", be adopted. Ayes: Seven. Resolution adopted and
upon approval by Mayor, assigned No. 27089.
78756 - Moved by Dowie, seconded by Burton that "Resolution authorizing the sale
of Disposal Parcel No. I-33 in the Westfield -Virden Urban Renewal Area,
to Crystal Ice and Cold Storage, Project Iowa R-7", be adopted. Ayes:
Seven. Resolution adopted and upon approval by Mayor, assigned No.27090.
78757 - Moved by Roehr, seconded by Dowie that "Resolution to fix a date of meet-
ing at which it is proposed to initiate proceedings for the issuance of
$2,455,000 Corporate Purpose Bonds", be adopted and date set as July 17,
1980 at 11:00 A.M. Ayes: Seven. Resolution adopted and upon approval
by Mayor, assigned No. 27091.
78758 - Moved by Roehr, seconded by Wilharm that "Resolution to fix a date of
meeting at which it is proposed to initiate proceedings for the issuance
of $75,000 Corporate Purpose Bonds", be adopted and date set as July 17,
1980 at 11:00 A.M. Ayes: Seven. Resolution adopted and upon approval
by Mayor, assigned No. 27092.
78759 - Moved by Wilharm, seconded by Dowie that "Resolution providing for the
advertisement of $2,530,000 Corporate Purpose Bonds", be adopted and date
and time set as July 17, 1980 at 11:00 A.M. Ayes: Seven. Resolution
adopted and upon approval by Mayor, assigned No. 27093.
78760 - Moved by Wilharm, seconded by Burton that communication from City Engin-
eer transmitting an agreement with the Iowa Department of Transportation
for Primary Road Extension Maintenance and Operation be received, placed
on file and "Resolution authorizing the Mayor to execute agreement with
the Iowa Department of Transportation for Primary Road Extension Mainten-
ance and Operation for the period of July 1, 1980 to June 30, 1981", be
adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor,
assigned No. 27094.
78761 - Moved by Dowie, seconded by Burton that City Engineer be instructed and
authorized to prepare plats, schedule of assessments, estimated costs,
etc., for F.Y. 1981 Park Lane Sidewalk Program, Contract No. 207. Motion
carried.
78762 - Moved by Burton, seconded by Roehr that the City Engineer's preliminary
plats, schedule of assessments, estimate of costs, etc., for F.Y. 1981
Park Lane Sidewalk Program, Contract No. 207, be received, placed on file
and "Resolution adopting preliminary plat and schedule, estimate of costs,
etc., for F.Y. 1981 Park Lane Sidewalk Program, Contract No. 207", be
adopted. Ayes: Burton, Dowie, Penaluna, Roehr, Wilharm. Nays: Bowers,
Getty. Resolution adopted and upon approval by Mayor, assigned No.27094.
78763 - Moved by Roehr, seconded by Wilharm that "(Proposed) Resolution of Ne-
cessity for F.Y. 1981 Park Lane Sidewalk Program, Contract No. 207", be
adopted and date of hearing set as July 28, 1980 at 7:00 P.M. in the
Council Chambers in City Hall. Ayes: Burton, Dowie, Penaluna, Roehr,
Wilharm. Nays: Bowers, Getty. Resolution adopted and upon approval by
Mayor, assigned No. 27095.
78764 Moved by Roehr, seconded by Burton that communication from Fire Chief re-
questing Council approval of the following promotions in the Waterloo Fire
Department effective July 8, 1980, be received, placed on file and approv-
ed:
To the Rank of Lieutenant
Fred W. Hersey
Martin F. Kunz
Motion carried.
78765 - Moved by Burton, seconded by Bowers that communication from Mayor Leo P.
Rooff, requesting Council approval of the reappointment of Walter E. Kyle
to the McElroy Auditorium and Conway Civic Center Board effective July 1,
1980, be received, placed on file and approved. Motion carried.
July 7, 1980
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78766 - Moved by Wilharm, seconded by Dowie that communication from Mayor Leo P.
Rooff, requesting Council approval of the reappointment of Mrs. Richard
Zellhoefer and Mrs. Marilyn Pape to the Library Board effective June 30,
1980, be received, placed on file and approved. Motion carried.
78767 - Moved by Bowers, seconded by Getty that communication from Chief of Fire
Department reporting retirement of Albert F. Jennings effective June 30,
1980 and entitlement of 196 days sick pay and 111 days (twenty four hours
per day) vacation pay, be received, placed on file and "Resolution approv-
ing payment of $8,935.10 sick pay and vacation pay to Albert F. Jennings,
Fire Department", be adopted. Ayes: Seven. Resolution adopted and upon
approval by Mayor, assigned No. 27096.
78768 - Moved by Burton, seconded by Wilharm that communication from Acting Super-
intendent of Streets reporting retirement of Leonard Jones effective June
30, 1980 and entitlement of 570 hours sick leave and 16 hours vacation
pay be received, placed on file and "Resolution approving payment of
$3,451.54 sick leave and vacation pay to Leonard Jones, Street Department",
be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor,
assigned No. 27097.
78769 - Moved by Roehr, seconded by Penaluna that communication from Building
Official reporting retirement of James McCool, Housing Inspector effect-
ive June 26, 1980 and entitlement of 433 hours sick leave and 140 hours
vacation pay be received, placed on file and "Resolution approving pay-
ment of $3,907.86 sick leave and vacation pay to James McCool, Housing
Inspector", be adopted. Ayes: Seven. Resolution approved and upon
approval by Mayor, assigned No. 27098.
78770 - Moved by Burton, seconded by Bowers that communication from Department
of Health and Sanitation reporting retirement of Wilfred W. O'Bryon,
effective July 24, 1980 and entitlement of 632.40 hours sick leave and
240 hours vacation pay be received, placed on file and "Resolution ap-
proving payment of $6,211.49 sick leave and vacation pay to Wilfred W.
O'Bryon, Department of Health and Sanitation", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 27099.
78771 - Moved by Roehr, seconded by Dowie that communication from Director of
Parks reporting retirement of Erhart Petersen effective June 26, 1980
and entitlement of 454 3/4 hours sick pay and 60 hours vacation pay be
received, placed on file and "Resolution approving payment of $3,248.07
sick leave and vacation pay to Erhart Petersen, Waterloo Park Department",
be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor,
assigned No. 27100.
78772 - Moved by Bowers, seconded by Getty that communication from Acting Super-
intendent of Streets reporting retirement of Kenneth R. Petersen effect-
ive July 7, 1980 and entitlement of 797 hours sick leave and 216 hours
vacation pay be received, placed on file and "Resolution approving pay-
ment of $7,729.19 sick leave and vacation pay to Kenneth R. Petersen,
Street Department", be adopted. Ayes: Seven. Resolution adopted and
upon approval by Mayor, assigned No. 27101.
78773 - Moved by Wilharm, seconded by Getty that communication from Fire Depart-
ment reporting retirement of Harold Smith effective July 15, 1980 and en-
titlement of 201 days sick pay and 18 days vacation pay be received, plac-
ed on file and "Resolution approving payment of $16,786.36 sick leave and
vacation pay to Harold Smith, Waterloo.Fire Department", be adopted with
regrets and Mr. Smith wished the best in his retirement. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 27102.
78774 - Moved by Burton, seconded by Bowers that communication from Electrical
Inspector recommending installation of street lights at various locations
be received, placed on file and "Resolution authorizing the installation
of 175 Watt White Mercury Vapor street lights at the following locations:
One at the intersection of Howrey Avenue and Joder Avenue,
One at the intersection of Oleson Road and Bethel Street,
One at the lot line of 1918-1928 S pringview",
be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor,
assigned No. 27103.
July 7, 1980
78775 - Moved by Wilharm, seconded by Bowers 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 Liquor Licenses Applications
Class C
Cadillac Enterprises, dba,Cadillac Enterprises, 650 La Porte Road
Victor Deutsch dba Vics Lounge, 1106 La Porte Road
Maxwell Wood dba Woods Tavern, 226 West llth Street
David A. Young dba Anchor Lounge, 324 West 4th Street
Herbert P Hunt dba Herb's Round Table Lounge, 1307 West 5th Street
Loren B. Armstrong dba Armstrong's, 218 Division Street
Veterans of Foreign Wars Post #1623, 612 Jefferson
Wine & Beer Licenses Applications
Class C
George Emanuel Nicholas dba Mama Nick's Circle Pizzeria, Inc.,1934
Washington Street
Beer Permit Applications
Class B
Madri Corporation dba Long John Silver's, 2775 Crossroads Blvd.,
Daniel Arthur Smith dba Happy Joe's Pizza & Ice Cream Parlor, 3362
University Avenue
Class C
Stella F. Derifield dba Carl's Place, 2341 Falls Avenue
James A. Woods dba West Side Grocery, 508 West 4th Street
David Alan Russell dba Davie's Phillips "66", 3201 West 4th Street
Quik Trip Corp., dba Quik Trip #536, 117 San Marnan Hwy.
Quik Trip Corp. dba Quik Trip #502, 3012 Ansborough
R & G Oil Company, Inc., dba R & G Service #10, 1020 Franklin Street
Sunday Sales - Beer & Liquor Applications
Class C
Cadillac Enterprises, Inc., dba Cadillac Enterprises, 650 La Porte Road
Herbert P. Hunt dba Herb's Round Table Lounge, 1306 West 5th Street
Veterans of Foreign Wars Post #1623, 612 Jefferson
Sunday Sales - Beer & Wine Applications
Class C
George Emanuel Nicholas dba Mama Nick's Circle Pizzeria, Inc., 1934
Washington Street
Sunday Sales - Beer Permit Applications
Class B
Daniel Arthur Smith dba Happy Joe's Pizza & Ice Cream Parlor, 3362
University
Madri Corporation dba Long John Silver's, 2775 Crossroad Blvd.
Class C
James A. Woods dba West Side Grocery, 508 West 4th Street
R & G Oil Company, Inc., dba R & G Service #10, 1611 East 4th Street
Quik Trip Corp. dba Quik Trip #502, 3012 Ansborough Avenue
Quik Trip Corp. dba Quik Trip #536, 117 San Marnan Hwy.
David Alan Russell dba Dave's Phillips "66", 3201 West 4th Street
Motion carried.
78776 - Moved by Roehr, seconded by Bowers that the following application for a
Peddler's License be received, placed on file, and granted:
Mark Anthony Clark, 513 Courtland
Motion carried.
78777 - Moved by Bowers, seconded by Burton that following application for Dance
License, be received, placed on file and granted:
Gloria Scott dba Fast Coast, 1701 East 4th Street
Motion carried.
78778 - Councilman Getty asked that the cigarette licensing procedures be investi-
gated to see if a fine or penalty could be instituted for those permits
which are expiring after the July 1 deadline.
Moved by Roehr, seconded by Getty that fifty-three (53) cigarette license
renewals permits be received, placed on file and granted. Motion carried.
c�-
78779 - Moved by Getty, seconded by Dowie that the following application for Am-
bulance Attendant be received, placed on file and granted:
Conan Eric Pelsen, 716 West llth Street, Cedar Falls
Motion carried.
78780 - Moved by Bowers, seconded by Burton that report of City Attorney and list
of bonds filed with Clerk through July 7, 1980, be received, placed on
file and report and bonds approved. Motion carried.
78781 - Moved by Burton, seconded by Getty that the Council adjourn. Motion
carried.
Larry P. Burger
City Clerk.
July 7, 1980