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HomeMy WebLinkAbout11/03/80November 3, 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 November 3, 1980. Mayor Rooff in the Chair. On roll call: Present: Wilharm, Roehr, Penaluna, Getty, Dowie, Burton, Bowers: Absent: None. Invocation by Council- man Getty. 79442 - Moved by Roehr, seconded by Wilharm, that the Agenda, as amended, for the Regular Session of November 3, 1980, at 7:00 P.M., be accepted and approved. Motion carried. 79443 - Moved by Burton, seconded by Bowers, that the minutes of the Regular Session held October 27, 1980 at 7:00 P.M. be approved. Motion carried. PUBLIC HEARINGS 79444 - Moved by Roehr, seconded by Burton, that proof of publication of notice of public hearing on the Budget Estimate for the Waterloo Water Works, City of Waterloo, Iowa, for the Calendar Year 1981, as published in the Waterloo Courier on October 20, 1980, be received and placed on file. Motion carried. 79445 - 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 Burton, seconded by Bowers, that the Budget for the Waterloo Water Works, City of Waterloo, Iowa, for the Calendar Year 1981 be approved and adopted as previously read and published in Waterloo Courier on October 20, 1980, and it shall be as hereinafter stated in the Budget Summary Certificate, and the Finance Director be and he is hereby instructed to file the adopted Waterloo Water Works 1981 Budget with the County Auditor as provided by law, said Budget being in words and figures as shown below: WATERLOO WATER WORKS 1981 BUDGET Estimated Balance January 1, 1980 Revenue 1979 Water Receipts $1,963,371.37 Other Revenue 233,858.69 Non -Operating Revenue 33,149.48 TOTAL $2,230,379.54 Disbursements Personal Services Contractual Commodities Capital Outlay TOTAL Estimated Balance *Revenue $ 820,275 19,247 699,532 609,112 $2,148,166 December 31, 1981 and Disbursements Listed For $750,000 1-01-81 to 7-01-81 to 1980* 6-30-81 12-31-81 $2,005,910.43 203,519.42 65,844.20 $2,275,274.05 $ 883,010 20,164 835,084 535,871 $2,274,129 Ayes: Seven. Motion carried. $1,000,000 40,000 60,000 $1,100,000 $ 540,000 20,000 460,000 250,000 $1,270,000 $1,100,000 60,000 50,000 $1,210,000 $2,310.000 $ 570,000 20,000 460,000 450,000 $1,500,000 $2,770,000 $ 290,000 1980 Represent The 12 Month Period Ended August 31, 1980. 79446 - Moved by Dowie, seconded by Penaluna, that proof of publication of notice of public hearing on establishment of a Downtown Self -Supported Municipal Improvement District as published in the Waterloo Courier on October 14, 1980, be received and placed on file. Motion..carried 79447 - HOLD HEARING - This being the time and place to hold hearing, the Mayor called for written and oral objections. Nancy Dykeman, Executive Director of the Downtown Council, expressed the Downtown Council's desire to delete a portion of the proposed area. Specifically the deleted area suggested was the property on the southeast side of the railroad between 6th and 7th street from Franklin to Jefferson thence along Jefferson to Fifth Street along Fifth to the alley between Jefferson and Bluff to the Original Boundary. This area was suggested as property owners in the area expressed disinterest in participating or the property will be purchased for right-of-way for the Inter -City Freeway. Exclusion of this area will result in the loss of $1,400,000 property values. Moved by Wilharm, seconded by Dowie, that the above presentation be received and placed on file. Motion carried. - 2 - 79448 - Don Temeyer, Plan and Program Director, stated that boundary changes could be dealt with at the public hearing stage, as outlined in the legislation. Moved by Wilharm, seconded by Dowie, that communication from Plan and Program Director re- commending that new boundaries be established for the Self-supportedAlUniCiPal IMpxovement district with said boundaries being on Third Street, Franklin, Seventh Street and the alley between Bluff and Jefferson to delete the property on the southeast side of the railroad between Sixth and Seventh Streets from Franklin to Jefferson thence along Jefferson to Fifth Street, along Fifth to the alley between Jefferson and Bluff to the original boundary be received, placed on file and approved. Motion carried. 79449 - Moved by Bowers, seconded by Wilharm, that "An Ordinance establishing the Downtown Self - supported Municipal Improvement District pursuant to the provisions of Senate File 356 of the Acts of the 66th General Assembly, 1976 Session, and providing for the, establishment of funds and the levy of annual taxes in connection therewith, as amended", be received, placed on file and passed for the first time. Ayes: Seven. Motion carried. 79450 - Moved by Roehr, seconded by Penaluna, that proof of publication of notice of public hearing on proposal to vacate a sixteen (16) foot alley between Ankeny and Virden Creek and to vacate Ankeny Street between Parker and John Street, and to vacate John Street between Ankeny Street and Virden Creek as published in the Waterloo Courier on October 14, 1980, be received and placed on file. Motion carried. 79451 - 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 Roehr, seconded by Wilharm, that "An Ordinance approving the request to vacate a sixteen (16) foot alley located between Ankeny Street and the Virden Creek Enclosure, and to vacate Ankeny Street between Parker and John Street, and to vacate John Street between Ankeny Street and Virden Creek, in the City of Waterloo, Black Hawk County, Iowa", be re- ceived, placed on file and passed for the first time. Ayes: Seven. Motion carried. 79452 - Moved by Penaluna, seconded by Bowers, that the rules requiring ordinances to be consider- ed and voted for passage at two prior meetings, be 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: Seven. Motion carried. 79453 - 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 Burton, that "An Ordinance approving the request to vacate a sixteen (16) foot alley located between Ankeny Street and the Virden Creek Enclosure, and to vacate Ankeny Street between Parker and John Street, and to vacate John Street between Ankeny Street and Virden Creek, in the City of Waterloo, Black Hawk County, Iowa", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 3110. 79454 - Moved by Roehr, seconded by Dowie, that proof of publication of notice of public hearing on site plan for Tract R, Cedar Hills, generally located north of Memory Lane and south- westerly of U.S. Highway 218 as published in the Waterloo Courier on October 20, 1980, be received and placed on file. Motion carried. 79455 - 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 Burton, seconded by Wilharm, that "Resolution approving the site plan for Tract R, Cedar Hills, generally located north of Memory Lane and southwesterly of U.S. Highway 218", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27328. 79456 - Moved by Penaluna, seconded by Burton, that proof of publication of notice of public hear- ing on request of J. L. Rooff Demolition Company to approve a Junk Yard and Auto Salvage Permit as published in the Waterloo Courier on October 20, 1980 be received and placed on file. Motion carried. 79457 - 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 Wilharm, that "Resolution approving Junk Yari7.and Auto Salvage Permit for J. L. Rooff Demolition Company for Lots 20-32, Block 109 Riverview Addition", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27329. November 3, 1980 - 3 - 79458 - Moved by Burton, seconded by Bowers that proof of publication of notice of public hearing on request of Wilber Auto Body to approve a Junk Yard and Auto Salvage Permit as published in the Waterloo Courier on October 20, 1980 be received and placed on file. Motion carries 79459 - HOLD HEARING - This being the time and place of hearing, the Mayor called for written and oral objections. Darlene McAhren, 1245 Sheffield Avenue, spoke against the expansion and stated that it would block her view. Les Schmidt, 1263 Sheffield Avenue, opposed the expansion and stated that the fence would only be eleven (11) feet from his property line. Jack Pieters, Attorney, representing Wilber's Auto Salvage, presented a petition of those in the area unopposed to the expansion. He stated that the Fire Department had given their approval to the proposed area. Moved by Getty, seconded by Wilharm, that the above presentations and petition be received and placed on file. Motion carried. 79460 - Moved by Getty, seconded by Burton, that "Resolution approving Junk Yard and Auto Salvage Permit for Wilber Auto Body, Lots A & B, Lots 55-60, inclusive, Lots 22-26, inclusive and part of Lot 27, Block 114, Riverview Addition", be denied. Ayes: Roehr, Penaluna, Getty, Dowie, Burton. Nays: Wilharm, Bowers. Resolution adopted and upon approval by Mayor, assigned No. 27330. ORAL PRESENTATIONS 79461 - Jerry Holbach, President of the Downtown Council, stated that the downtown merchants widely support the development of a Self -Supported Municipal Improvement District and wished to express that support. Moved by Penaluna, seconded by Getty that the above presentation be received and placed on file. Motion carried. PETITIONS FROM THE PUBLIC 79462 - Moved by Roehr, seconded by Bowers, that communication from Plan and Program Commission transmitting request of Martin Road Plaza to vacate an easement in Section 33-89-13 be received, placed on file, and "Resolution fixing time and place of public hearing as Nov- ember 24, 1980 at 7:00 P.M. in the City Hall Council Chambers on the request of Martin Road Plaza to vacate a telephone easement in Section 33-89-13", be adopted and Clerk in- structed to publish notice accordingly. Ayes: Seven. Resolution adopted and upon appro- val by Mayor, assigned No. 27331. 79463 - There was discussion on whether the remaining house on Cleveland Avenue would still retain access to the garage on the alley. These property owners have signed an agreement with Ken -Jan, Inc., granting them access to their garage. Moved by Burton, seconded by Dowie, that communication from Plan and Program Commission transmitting the request of Ken -Jan, Inc., to vacate an alley in Block 17, Hagerman Place, be received, placed on file and "Resolution fixing the time and place of hearing as Novem- ber 24, 1980 at 7:00 P.M. in City Hall Council Chambers on proposal to vacate, sell and convey an alley in Block 17, Hagerman Place", be adopted and Clerk instructed to publish notice accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27332. 79464 - Don Temeyer, Plan and Program Director, stated that an easement will be maintained over the alley for sewer maintenance. Moved by Dowie, seconded by Getty, that communication from Plan and Program Commission transmitting request of First Congregational Church to vacate an alley in Block 32 in original plat on the west side of the Cedar River, be received, placed on file and "Reso- lution fixing the time and place of public hearing as November 24, 1980, at 7:00 P.M. in City Hall Council Chambers on the request of First Congregational Church to vacate an alley in Block 32 in the original plat on the west side of the Cedar River", be adopted and Clerk instructed to publish notice accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27333. 79465 - Moved by Roehr, seconded by Burton, that communication from Plan and Program Commission transmitting site plan for an addition to First Congregational Church located at the southwest corner of South Street and West Fourth Street and recommending approval and on Council's own motion, be received, placed on file and "Resolution setting date of public November 3, 1980 79465 - (Continued) hearing on November 24, 1980 at 7:00 P.M. in City Council Chambers", be adopted and Clerk instructed to publish notice accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27334. 79466 - Moved by Wilharm, seconded by Bowers, that communication from Plan and Program Commission transmitting site plan for John Deere Credit Union to be located at the southeast corner of East Donald Street and Sage Road and recommending approval and on Council's own motion, be received, placed on file, and "Resolution setting date of public hearing as November 24, 1980 at 7:00 P.M. in City Hall Council Chambers", be adopted and Clerk instructed to pub- lish notice accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27335. 79467 - Moved by Burton, seconded by Dowie, that request of Richard D. Mokosak for permission to construct one temporary concrete driveway at 1419 Pleasant Valley Drive to be located on Letsch Road without regard to sidewalk 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, approved, and "Resolution granting permission to Richard D. Mokosak and authorizing construction of temporary concrete driveway at 1419 Pleasant Valley Drive to be located on Letsch Road irrespective of a later official grade", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27336. REPORTS 79468 - Moved by Getty, seconded by Wilharm, that communication from Plan and Program Commission transmitting request of Bronson and Scully Realtors for a variance to the Subdivision Ordinance in regard to the sidewalk construction on Lot 30, Bronson's Addition on the Black Hawk Road side, be received, placed on file and denied. Motion carried. 79469 - Moved by Penaluna, seconded by Bowers, that communication from Plan and Program Director making recommendation on controlling thru traffic of the roadbed south of the W.C.F.& N. Railroad between Logan Avenue and East Fourth Street be received, placed on file, stop signs placed on the roadway and instruct the City Attorney to submit an ordinance accord- ingly. Motion carried. 79470 — Moved by Dowie, seconded by Roehr, that communication from City Clerk recommending that Council Action #79410 setting the date of public hearing for sale of disposal parcel No. J-26 (P) for December 1, 1980, be rescinded as there will not be a quorum in attendance at the Council Meeting, be received, placed on file, and "Resolution establishing new date of hearing as November 24, 1980 on the sale of Disposal Parcel No. J-26 (P) in the West- field -Virden Urban Renewal Area", be adopted and Clerk instructed to publish notice fixing the time and place of hearing. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27337. DOCUMENTS 79471 - Moved by Roehr, seconded by Wilharm, that Change Order No. 1 for work performed on UDAG Project Public Improvements, Phase I, Section 3, Contract No. 175, by See Electric, Inc., together with Community Development's recommendation, for approval be received, placed on file, approved and Mayor and City Clerk authorized to execute same. Motion carried. 79472 - Moved by Burton, seconded by Dowie, that communication from City Engineer transmitting two agreements with the Chicago and Northwestern Transportation Company for a Railroad Crossing repairs at Anaborough and Fletcher Avenues, be received, placed on file and "Resolution authorizing the Mayor to execute Agreement No. 21-41-475 (Ansborough Avenue) and Agreement No. 21-41-476 at Fletcher Avenue with the Chicago and NorthwestennTransportation Company for Railroad Crossing Repairs", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27338. 79473 - Moved by Roehr, seconded by Penaluna, that communication from City Engineer transmitting the Final Report of the Traffic Safety Study on 30 intersections in the City of Waterloo prepared by Booker Associates, Inc., be received and placed on file. Motion carried. 79474 - Moved by Dowie, seconded by Wilharm, that preliminary plat of Audubon Park Second Addition together with Deed of Dedication, report of City Engineer, and Plan and Program Commission's recommendation for approval and its recommendation for Council approval, be received, placed on file and "Resolution approving the preliminary plat of Audubon Park Second Addit- ion, Black Hawk County, Iowa"., be adopted. Ayes: Seven. Resolution adopted and upon ap- proval by Mayor, assigned No. 27339. November 3, 1980 so - 5 - 79475 - Moved by Burton, seconded by Bowers, that communication from Community Development Adminis- trator transmitting Farm Lease Agreement dated March 1, 1981 with Arnold Julius Kass for 125 acres in Section 6-89-12 West for a period of one year from March 1, 1981 through February 28, 1982 in an amount due on March 5, 1981 of $5,625.00 and on December 1, 1981 of $5,625.00, be received, placed on file and "Resolution approving Farm Lease Agreement with Arnold Julius Kass and authorizing execution of same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27340. RESOLUTIONS TO BE ADOPTED 79476 - Moved by Wilharm, seconded by Roehr, that "Resolution providing for the issuance of $1,300, 000 Corporate Purpose Bonds and providing for the levy of taxes to pay the same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27341. 79477 - Moved by Burton, seconded by Dowie, that "Resolution authorizing the Mayor to accept on behalf of the City of Waterloo effective November 19, 1980, the assumption of operation and maintenance responsibilities for the Flood Protection Devices constructed as Stage III -C of the Corps of Engineers Local Flood Control Project". Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27342. ORDINANCE TO BE ADOPTED 79478 - Moved by Bowers, seconded by Getty, that "An Ordinance amending Ordinance No. 2479 as amended, by adding Subsection No. 181 to Section 2A-5, Rezoning Certain Property", be received, placed on file and passed for the second time. Ayes: Seven. Motion carried. NEW BUSINESS 79479 - Moved by Burton, seconded by Roehr, that communication from Electrical Inspector recom- mending installation of street lights and removal of various street lights, be received, placed on file and "Resolution authorizing the installation of 175 watt white mercury vapor street lights at the following locations: West Lot Line of 207 Lewis Street, intersection of Black Hawk Road and Oriole Avenue, Midway on the north part of Pauline Place between Pauline Place and Pauline Place, and installation of 400 watt white mercury vapor street lights at the following location: Intersection of Prospect Blvd. and Ridgeway Avenue removal of one 175 watt white mercury vapor street light at the following location: Between South Hill Drive and Prospect Blvd., on Ridgeway Avenue", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27343. 79480 - Moved by Bowers, seconded by Dowie, that communication from Fire Chief requesting Council approval of the promotion of Captain Stanley Stapella to the rank of Division Chief in the Waterloo Fire Department effective November 4, 1980, 8:00 A.M., be received, placed on file and approved. Motion carried. 79481 - Moved by Penaluna, seconded by Bowers, that communication from Vice Chairman of the Water- loo Redevelopment Authority recommending appointment of James Walker to the Waterloo Re- development Authority to fill the unexpired term (10-13-83) of Robert Reideler, be received placed on file and approved. Motion carried. 79482 - Moved by Bowers, seconded by Getty, that proposed plans and specifications for the Byrnes and Gates Park Swimming Pool Replacement Project as prepared by Thorson, Brom, Broshar, Synder, Architects, be received placed on file and "Resolution setting date of hearing on the receipt of bids for Byrnes and Gates Park Swimming Pool Replacement Project as Novem- ber 17, 1980 at 7:00 P.M. in the City Hall Council Chambers", and Clerk be instructed to publish notice of hearing. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27344. 79483 - Moved by Roehr, seconded by Bowers, that the following request for permission to attend functions, with expenses allowed not to exceed amounts shown, be received, placed on file and approved: Detective Sergeant to attend Marijuana Indentification School Criminalistics Laboratory, Des Moines, Iowa, November 11-14, 1980 -- $147.36 (City's share — $29.47) November 3, 1980 79483 - (Continued) 79484 - Lieutenant - Training Officer to attend Aircraft Crash, Fire and Rescue Seminar, Ames, Iowa, November 8 and 9, 1980 -- $50.00 Plus use of City vehicle. Associate Civil Engineer, Foreman, Street Department, to attend Asphalt Paving Association of Iowa, November 13, 1980 -- $7.50 per person. Ayes: Seven. Motion carried. Moved by Bowers, seconded by Burton, that communication from Police Chief requesting that a Class C Beer Permit and Class C Sunday Beer Permit of R & J Oil Company, Inc. dba R & J Service No. 12, 1625 West Fourth Street, be suspended for a period of fourteen days for a violation of Chapter 123.50, Subsection 3 of the 1979 Code of Iowa and City Attorney to notify by hand -delivered mail. Ayes: Seven. Motion carried. MISCELLANEOUS 79485 - Moved by Wilharm, seconded by Getty, that following applications for Beer and Liquor Permit be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer & Liquor License Permit Applications Class C ARA Services, Inc. dba The Convair Room, RR#2, Waterloo Municipal Airport. Beer Permit License Applications Class C Osco Drug, Inc. dba Osco Drug Store, 212 East 4th Street Allen Barg dba Food Mart, 2210 Lafayette Street Sunday Sales - Beer & Liquor Permit Applications Class C ARA Services, Inc. dba The Convair Room, RR#2, Waterloo Municipal Airport. Sunday Sales - Beer Permit License Applications Class C Allen Barg dba Food Mart, 2210 Lafayette Street Motion carried. 79486 - Moved by Bowers, seconded by Getty, that the following applications for License for Auto- mobile Salvage Yard, be received, placed on file and approved: James L. Rooff, Jr., Lowell and Mitchell Avenue. Motion carried. 79487 - Moved by Burton, seconded by Roehr, that the following applications for Taxicab Driver, be received, placed on file and approved: Terry Lee French, 447 Reed Motion carried. 79488 - Moved by Getty, seconded by Penaluna, that the following application for Massage Technician Permit, be received, placed on file and approved:. Elizabeth Johnson, 1915 Lafayette Street Ayes: Six. Nay: Wilharm. Motion carried. 79489 - Moved by Dowie, seconded by Getty, that report of City Attorney and list of bonds filed with Clerk through November 3, 1980, be received, placed on file and report and bonds ap- proved. Motion carried. 79490 - Moved by Getty, seconded by Dowie, that the Council adjourn. Larry P. Burger, City Clerk. .November 3, 1980