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HomeMy WebLinkAbout03/03/80March 3, 1980 The Council of the City of Waterloo, Iowa, met in Regular Session in Council Cham- bers in the City Hall at 7:00 P.M. on March 3, 1980. Mayor Rooff in the Chair. On roll call: Present: Bowers, Burton, Dowie, Getty, Penaluna, Roehr, Wilharm. Ab- sent None. Invocation by Councilman Bowers. 78011 - Moved by Roehr, seconded by Burton Hellman Design Co. to beginning of 3, 1980, at 7:00 P.M., be accepted 78012 - Moved by Burton, seconded by Getty held February 25, 1980 at 7:00 P.M. that the Agenda, as amended, to move Agenda, for the Regular Session of March and approved. Motion carried. that the Minutes of the Regular Session be approved. Motion carried. 78013 - Moved by Dowie, seconded by Wilharm that "Resolution adopting the Memoran- dum of Agreement executed in connection with the issuance and sale of not to exceed $1,000,000 aggregate principal amount of Industrial Development Revenue Bonds (Hellman Design Co.) , Series 1980, of the City of Waterloo, Iowa", be adopted. Ayes Seven. Resolution adopted and upon approval by Mayor, assigned No. 26831. 78014 - Moved by Roehr, seconded by Burton that proof of publication of notice to property owners of public hearing on a proposed Resolution of Necessity for F.Y. 1980 Paving Program No. 1, Contract No. 176, be received and placed on file. Motion carried. 78015 - A letter of objection was received from Emilie L. Holder, 1411 W. 9th Street objecting to the cost of the assessment for the F.Y. 1980 Paving Program No. 1, Contract # 176. Moved by Wilharm, seconded by Roehr that above objection be received and placed on file. Motion carried. 78016 - Moved by Dowie, seconded by Wilharm that a resolution be adopted eliminat- ing Helen Road from Cardinal Drive to Rainbow Drive, Martha Street from Bertch Avenue to Williston Avenue, and the Alley between Commercial and Jefferson Streets (in 1700 block of Commercial) be deleted from the paving program. Ayes Seven. Resolution adopted and upon approval by Mayor, as- signed No.26832. 78017 -.Moved by Wilharm, seconded by Penaluna that petition received against the paving of Martha Street and the assessments therefore be referred to Engin- eers for checking. Motion carried. 78018 - The Mayor called for objections to adoption of proposed Resolution of Nec- essity for construction of certain street improvements in the corporation, 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 pre- sent at said Council meeting that both written and oral objections would be received and considered by the Council at this time. The Clerk report- ed written objections were filed as follows: 1. Jared Van Horn, 217 Westbourne Rd. to paving of Martha Street and the assessments. 2. Property owners of property abutting and adjacent to Lobdell Rd. against paving of Lobdell Rd. 3. Property owners of property abutting and adjacent to Johnson Street against paving of Johnson Street. -4, Jeanniene Dawson, 1220 Eleanor Drive to paving of Eleanor Drive. 5. Property owners of property located on Black Hawk Street and Commercial against the sewer project running parallel with Black Hawk Street and Commercial Street in the alley between 12th Street and 13th Street. 6. Property owners of property abutting and adjacent to Com- mercial Street and Jefferson Street against storm sewer portion of paving program from the alley of 15th Street to 16th Street bordered by Commercial Street and Jefferson Street. 7. Property owners of property abutting and adjacent to Helen Road against paving assessment. Moved by Burton, seconded by Roehr that the above written and oral ions, be received and placed on file. Motion carried. object- 'x)19 - 3020 - '8021 - 78022 - 78023 - 78024 - 78025 - - 2 - Moved by Burton, seconded by Getty thatHallStfrom Midland to Lucus be re- tained in program. Ayes Seven. Motion carried. Moved by Roehr, seconded by Bowers that Lobdell Rd. from Castle St. to Rainbow Drive be retained in program. Ayes Seven. Motion carried. Moved by Burton, seconded by Dowie that Eleanor Drive from Downing Avenue to Sager Avenue be retained in program. Ayes Seven. Motion carried. Moved by Wilharm, seconded by Burton that Martha Street from Forest Avenue to Bertch be deleted from the F.Y. 1980 Paving Program No 1, Contract #176. Ayes Seven. Motion carried. Moved by Burton, seconded by Dowie that Forest Avenue from West 9th to Hammond be retained in program. Ayes Seven. Motion carried. Moved by Wilharm, seconded by Burton to Williston and all of Allen Street Paving Program No. 1, Contract #176. that Johnson Street from West 7th be deleted from the F.Y. 1980 Ayes: Seven. Motion carried. Moved by Burton, seconded by Roehr that Alley running parallel with Black Hawk Street and Commercial Street between West 12th Street and West 13th Street be deleted from F.Y. 1980 Paving Program No. 1, Contract #176. Ayes Seven. Motion carried. 78026 - Moved by Burton, seconded by Bowers that Elm Drive from Castle Street 210 feet north be retained in program. Ayes Seven. Motion carried. 78027 - After receiving or hearing written and oral objections, the Mayor declared the time for receiving of objections to be closed. After reviewing 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 orginally proposed. Moved by Roehr, seconded by Dowie that "Resolution overruling and sustain- ing objections to F.Y. 1980 Paving Program, No. 1, Contract No. 176", be: adopted. Ayes Seven. Resolution adopted and upon approval by Mayor, as= signed No. 26833. 78028 - Moved by Wilharm, seconded by Bowers that "Resolution amending Resolution of Necessity for F.Y. 1980 Paving Program No. 1, Contract No. 176", Ayes Seven. Resolution adopted and upon approval by Mayor, assigned No.26834. 78029 - Moved by Getty, seconded by Wilharm that "Resolution adopting Resolution /of Necessity, as amended", be adopted. Ayes Seven. Resolution adopted �` and upon approval by Mayor, assigned No. 26835. ,78030 - Moved by Burton, seconded by Getty that adoption of "Resolution directing Engineers to prepare detailed plans and specifications", be delayed for one week. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26836. 78031 - Wesley Cufr of 1841 Byron, objected to using the City Garage as the voting place for Ward 5 Precinct 7 because of the lack of heat in the building and suggested using Lowell School. Moved by Wilharm, seconded by Burton that above presentation be received and placed on file. Motion carried. 78032 - Bill Lemke of Yellow Cab Co. brought to the Council's attention the adopt- ion of an ordinance on cab drivers and asked what had been done. City Attorney Hultman stated that seven items concerning the adoption of a taxi cab ordinance would have to be worked out. Motion carried. 78033 - Daniel Wee of 129 Park Lane presented a letter of petition to the Council asking for the installation of sidewalks on the north side of Park Lane from Kimball Avenue to Cresthaven School and asked the City to help pay for the sidewalk. Moved by Wilharm, seconded by Penaluna that above request be received and placed on file. Motion carried. March 3, 1980 - 3 - 78034 - Moved by Dowie, seconded by Burton that the installation of sidewalks on the north side of Park Lane from Kimball Avenue to Cresthaven School be included in the sidewalk program with the City to pay 25% of the cost of installation. Ayes: Burton, Dowie, Penaluna, Roehr. Nays: Bowers, Getty, Wilharm. Resolution adopted and approval by Mayor, assigned No. 26837. 78035 - Councilman Getty presented a letter of objection to the installation of sidewalks on Park Lane from Jim Farkas of 105 Park Lane. Moved by Getty, seconded by Wilharm that the above letter of objection be received and placed on file. Motion carried. 78036.- Moved by Roehr, seconded by Burton that communication from Plan and Program Commission transmitting site plan for the Metro Transit Authority Bus Trans fer Station to be located at the corner of East Park and Sycamore Street, legally described in Exhibit "A" and on Council's own motion, be received, placed on file, approved and date of hearing set as March 24, 1980 at 7:00 P.M. in City Hall and Clerk instructed to publish notice. Motion carried. 78037 - Moved by Dowie, seconded by Bowers that communication from Plan and Program Commission transmitting site plan for certain lots within the Elliott Plan- ned Unit Development generally located on U.S. Highway 218 and south of East Shaulis Road, in the City of Waterloo, legally described as Lot 2, Timothy Ridge Addition, and Lots 12, 13, and 14, Timothy Ridge 2nd Addition, City of Waterloo, Black Hawk County, Iowa, and on Council's own motion, be received, placed on file, approved and date of hearing set as March 24,1980 at 7:00 P.M. in City Hall and Clerk instructed to publish notice. Motion carried. 78038 - Moved by Bowers, seconded by Burton that communication from Community De- velopment Board, transmitting an Offer of Sale to the City of Waterloo from Raymond J. and Sandra K. McLean, 2546 E. Shaulis Rd., of real property located on Shaulis Road for the sum of $2,847.00 which includes a fence re- placement allowance of $327.00 for right-of-way construction for paving of Shaulis Road, and recommending approval, be received, placed on file, and "A Resolution accepting and approving certain offers to sell real property to the City and accepting and approving certain deeds", be adopted. Ayes Seven. Resolution adopted and upon approval by Mayor, assigned No. 26838. 78039 -,Moved by Burton, seconded by Bowers that communication from Community De- velopment Board, transmitting an Offer of Sale to the City of Waterloo from. Esther Hess, 5049 Hess Road, of real property located on Shaulis Road for the sum of $24,340.00 which includes a fence replacement allowance of $2,540.00 for right-of-way construction for paving of Shaulis Road, and re- commending approval, be received, placed on file, and "A Resolution accept- ing and approving certain offers to sell real property to the City and ac- cepting, and approving certain deeds", be adopted. Ayes Seven. Resolution adopted and upon approval by Mayor, assigned No. 26839. 78040 - Moved by Bowers, seconded by Burton that communication from Plan and Pro- gram Commission transmitting request of James H. Yagla, on behalf of Mid - West Pattern Company of 84 West llth Street to purchase a parcel'of City - owned property described as Exhibit "A" (see attachment), and recommending approval, be received, placed on file and "Resolution fixing the time and place of hearing and receiving of bids as March 24, 1980 at 7:00 P.M. in Council Chambers in City Hall on the proposal to sell and convey a parcel of City -owned property, subject to City's retention of easement, to the highest bidder", adopted and Clerk instructed to publish notice of hearing. Ayes Seven. Resolution adopted and upon approval by Mayor, assigned No. 26840. 178041 - Under Council Action 477990 of February 25,. 1980 action was deferred upon recommendation of Sig, i_apd Traffic Department regardingboundary clarifi- catiQn.�. Moved by Bowers, seconded by Penaluna that "Ordinance amending the Traffic Ordinance No. 2644, by Repealing Subsection (11) Donald Street (East) on Section 569, Truck Traffic Prohibited on Certain Streets, in its entirety, and enacting in lieu thereof new Subsection (11) Donald Street (East) of Section 569, Truck Traffic Prohibited on certain streets", be received, placed on file, considered and passed for the first time. Ayes Seven. Motion carried. March 3, 1980 78042 - Moved by Penaluna, seconded by Getty that the 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 Seven. Motion carried. 78043 - Moved by Bowers, seconded by Getty that "Ordinance amending the Traffic Ordinance No. 2644, by repealing Sub -section (11) Donald Street (East) of Section 569, Truck Traffic Prohibited on certain streets, in its entirety, and enacting in lieu thereof new Subsection (11) Donald Street (East) of Section 569, Truck Traffic Prohibited on Certain Streets", be adopted. Seven. Ordinance adopted and upon approval by Mayor, assigned No. 78044 - Moved by Roehr, seconded by Bowers that Brice, Petrides & Associates, Inc., Consulting Engineers, be instructed to prepare specifications, plans, form of contract, estimated costs, etc., for repairs to Eleventh Street and Falls Avenue Bridges, Contract No. 16. Motion carried. 78045 - Moved by Burton, seconded by Getty that above necessary documents for Con- tract No. 16, be received, placed on file and "Resolution preliminarily approving specifications, plans, form of contract, estimated cost, etc., for repairs to Eleventh Street and Falls Avenue Bridges, Contract No. 16", adopted. Ayes Seven. Resolution adopted and upon approval by Mayor, as- signed No. 26841. 78046 - Moved by Penaluna, seconded by Roehr that Clerk be instructed to publish the Notice of Public Hearing on plans, specifications, etc., for repairs to Eleventh Street and Falls Avenue Bridges, Contract No. 16, and taking of bids for the improvement, with date set as March 17, 1980 at 7:00 P.M. Motion carried. 78047 - Under Council Action #77975 of February 25, 1980, action was deferred upon the adoption of a "Resolution approving the Site Plan for Grace Lutheran Church located at the intersection of West Seventh and Allen Streets", upon determination of whether a 3/4 vote is needed to pass the resolution. Mayor Rooff stated acceptance of this resolution could not be adopted at this time because it did not receive a 3/4 majority vote which would have been needed at that time to pass the resolution. Moved by Roehr, seconded by Dowie that the above presentation be received and placed on file with resolution not being adopted because it did not re- ceive a 3/4 majority vote on February 25, 1980. Motion carried. 78048 - Moved by Roehr, seconded by Penaluna that communication from the City En- gineer, advising improvements required as a condition precedent to final approval of plat of the addition to be known as Prairie Meadow West Fifth Addition have been completed in substantial conformance with construction plans, standards and requirements of this office, submitting four-year main- tence bond for street improvements and two-year maintenance bond for the sewer improvements, and recommending acceptance of said addition and bonds, be received, placed on file, approved and accepted with effective date of bonds being the final Council approval. Motion carried. 78049 - Moved by Dowie, seconded by Roehr that communication from the City Engineer advising improvements required as a condition precedent to final approval of plat of the addition to be known as Audubon Park First Addition have been completed in substantial conformance with construction plans, stand- ards and requirements of his office, submitting four-year maintence bond for street improvements and two-year maintenance bond for the sewer improve ments, and recommending acceptance of said addition and bonds, be received, placed on file, approved and accepted with effective dates of bonds being that of final Council approval. Motion carried. 78050 - Moved by Dowie, seconded by Bowers that Preliminary Plat of Timothy Ridge Second Addition in the City of Waterloo with Deed of Dedication, Engineer's Certificate of Survey, report of City Engineer, Plan and Program Commiss- ion's resolution of approval and its recommendation for Council approval, be received, place on file and "Resolution approving the Preliminary Plat of Timothy Ridge Second Addition in the City of Waterloo, Black Hawk County Iowa", adopted. Ayes Seven. Resolution adopted and upon approval by Mayor, assigned No. 26842. March 3, 1980 78051 - Moved by Burton, seconded by Dowie that Preliminary Plat of Burton Avenue Industrial Park in the City of Waterloo with Deed of Dedication, Engineer's Certificate of Survey, report of City Engineer, Plan and Program Commiss- ion's resolution of approval and its recommendation for Council approval, be received, placed on file and "Resolution approving the Preliminary Plat of Burton Avenue Industrial Park in the City of Waterloo, Black Hawk County, Iowa", adopted. Ayes: Bowers, Burton, Dowie, Penalunt, Roehr, Wilharm. Nays: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26843. 78052 - Moved by Burton, seconded by Bowers that the following Construction Permit from Iowa Department of Environmental Quality, subject to certain condit- ions and requirements, be received, placed on file and approved. No. 80- 147-S for Sanitary Sewer Extension to Timothy Ridge Second Addition. Motion carried. 78053 Moved by Bowers, seconded rector, transmitting 1979 Funds of City of Waterloo, Company, Certified Public Motion carried. by Penaluna that communication from Finance Di - Annual Audit of Motor Vehicle Parking Facilities Iowa, as made by Carney, Alexander, Marold and Accountants, be received and placed on file. 78054 - Moved by Penaluna, seconded by Getty that Official State Auditor's Report for McElroy Auditorium and Conway Civic Center for year ending June 30, 1978 prepared by the Office of Auditor of State, be received and placed on file. Motion carried. '78055 - Moved by Bowers, seconded by Getty that Official State Auditor's Report for Waterloo Municipal Waterworks for six month period of January 1, 1978 thru June 30, 1978 prepared by the Office of Auditor of State, be received and placed on file. Motion carried. 78056 - Moved by Roehr, seconded by Burton that communication from Community De- velopment Administrator transmitting an Urban Development Action Grant Con- tract No. B -79 -AA -19-0004 by and between the City of Waterloo, Iowa, and the U.S. Department of Housing and Urban Development to provide assistance to the Rath Packing Company in the amount of $4,630,000, and recommending approval, be received, placed on file and "Resolution approving and provid- ing for the execution of an Urban Development Action Grant Contract No. B- .79 -AA -19-0004 by and between the City of Waterloo, Iowa, and the U.S. De- partment of Housing and Urban Development", be received and placed on file. Motion carried. 78057 Moved by Dowie, seconded by Bowers that communication from Plan and Program Commission authorizing the Mayor to execute the contract for Planners Pro- posal for Phase II of the Downtown 80's Project as submitted by Communicat- ions Network System (CNS) of Minneapolis, Minnesota, be deferred for one week. Motion carried. 78058 - Moved by Bowers, seconded by Getty that communication from Plan and Program Commission recommending the revised site plan of and addition to Hardees on the corner of Sears Street and Crossroads Boulevard at the Crossroads Shopping Center to allow a drive -up window to be constructed on the site, be received, placed on file and adopted. Ayes Seven. Resolution adopted and upon approval by Mayor, assigned No. 26844. 78059 - Moved by Roehr, seconded by Wilharm that "Resolution approving the Waterloo Housing Authority Application for 83 units of Section 8 Existing Housing Assistance Payments ProOram Housing to the U.S. Department of Housing and Urban Development", be received, placed on file, date of public hearing set as March 24, 1980. Motion carried. 78060 - Moved by Burton, seconded by Bowers that "A Resolution authorizing the con- demnation of a certain parcel of real property for the flood control pro- ject", be adopted. Ayes Seven. Resolution adopted and upon approval by Mayor, assigned No. 2684. 78061 - Moved by Roehr, seconded by Bowers that communication from Mayor Rooff, submitting for Council approval the reappointment of J. Russell Lowe to serve on the Community Development Board with term to expire March, 1985, be received, placed on file and approved. Motion carried. March 3, 1980 78062 - Moved by Penalune, seconded by Bowers that following request for permiss- ion to attend functions, with expenses allowed not to exceed amount shown, be received, placed on file and approved: Captain Helgesen, Sergeant Shannon and Civilian Dispatchers to Dispatchers School, Independence, Iowa, March 3, 4, 6, 1980, $75.00 plus use of city vehicle. Detective Sergeant Ames to attend Questioned Document Training at the U.S. Secret Service Training Facility, Washington D.C., March 22, 1980 thru April 6, 1980, $264.04 ($1,023.96 paid by NE Ia. Crime commission). Assistant Supt. of Sewers to Sewer System Maintenance, St. Louis, Missouri, April 7-10, 1980, $360.00 plus use of city vehicle. Ayes: Bowers, Burton, Dowie, Getty, Penaluna, Roehr. Nays: Wilharm. Motion carried. - Moved by Bowers, seconded by Dowie 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 Applications Class C Lucky Stores, Inc. dba Eagle Discount Supermarket #082, 2052 Logan Ave. Lucky Stores, Inc. dba Eagle Discount Supermarket #131, Washington & W.7th Hy Vee Food Stores, Inc. dba Hy Vee Food Store #2, 950 W. Parker St. Lucky Stores, Inc. dba May's Drug Store #181, 1934 Logan Avenue Vickers Petroleum Corp. dba Vickers Des Moines Oil Co., 910 Washington Beer Liquor License Application Class C Lindbergh Whitis dba Club Rendezvous, 829 E. 4th Street Estella Bishop dba Estelia's Good Time Lounge, 1400 E. 4th Street Bert Medhauq dba The Jet, 451 W. Parker Irene D. Martin dba 929 Tap, 929 W. 5th Street Eugene R. Aldrich dba Park Road Inn, 306 Park Road Richard Tournier dba Waterloo Bowl -In, 120 Jefferson Sunday Sales - Beer Permit Applications Class C Lucky Stores, Inc. dba Eagle Discount Supermarket #082, 2052 Logan Ave. ,Lucky Stores, Inc. dba Eagle Discount Supermarket #131, Washington & W.7th Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #2, 950 W. Parker St. Lucky Stores, Inc. dba May's Drug Store #181, 1934 Logan Avenue Vickers Petroleum Corp. dba Vickers Des Moines Oil Co., 910 Washington Sunday Sales - Beer Liquor License Application Class C Richard Tournier dba Waterloo Bowl -In, 120 Jefferson 78063 78064 - 78065 - Motion carried. Burton, seconded by Bowers that report of City Attorney and filed with Clerk through March 3, 1980, be received, placed on report and bonds approved. Motion carried. Dowie, seconded by Roehr that the Council adjourn. Motion Moved by of bonds file and Moved by carried. list Larry P. Burger City Clerk.