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HomeMy WebLinkAbout09/18/78September 18, 1978 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 September 18, 1978. ?Mayor Rooff in the Chair. On roll call, Present: Bowers, Burton, Dowie, Getty, Hutchison, Roehr, Wilharm. Absent: None. Invocation by Councilman Getty. 75000 - Tioved by Roehr, seconded by Dowie that the Agenda, as amended, for the Regular Session of September 18, 1978 at 7:00 P.M., be accepted and approved. Motion carried. 75001 - Moved by Dowie, seconded by Burton that the Minutes of the Regular Session held September 11, 1978 at 7:00 P.M., be approved. Motion carried. 75002 - Mayor Rooff welcomed Webelo Scouts Den 2 and Scout Leader Norbert Armstrong. 75003 - Moved by Roehr, seconded by Hutchison that proof of publication of notice to contractors or invitation for bids for F.Y. 1979 Paving Program I, Contract No. 166, be received and placed on file. Motion carried. 75004 - The Mayor announced that one of the purposes of this meeting is to open, consider and tabulate bids filed with the Clerk prior to 4:00 P,M. on this date, for the construction of "Waterloo, Iowa, F.Y. Paving Program 1979 I (Contract No. 166)"in accordance with published Notice of Hearing and Letting for said project. The Clerk reported five bids had been filed in her office. Moved by Dowie, seconded by Getty that the five bids be received, placed on file, the Clerk instructed to open but not read, and re- ferred to City Engineering Department and Schenk Engineering Company, Consultant for City, for review, and report back to the Council with recommendations after the hearing on the Resolution of Necessity has ended. Motion carried. 75005 - Moved by Roehr, seconded by Burton that the proof of publication of Notice of Public Hearing on proposed plans, specifications, form of contract, estimated cost, etc. for "Waterloo, Iowa F.Y. Paving Program 1979 I, Contract No. 166", be received and placed on file. Motion carried. 75006 - The Mayor announced this was the time and place for hearing on the matter of adoption of plans, specifications, form of contract, and estimated cost for the "Waterloo, Iowa, F.Y. Paving Program 1979 I, Contract No. 166", and called for any oral objections to the making of said improvements, or to the adoption of the plans, specifications, form of contract or estimate of cost. The Clerk reported no written objections thereto had been filed and oral objections were offered as follows: 1 - Donald Bauler, 5461 Foulk Road, opposed cement and favored black top; he was supported in a show of hands by 18 residents of Foulk Road, 5 of Cedar Terrace and 2 of North Avenue; 2 - Ed Fletcher, 4229 Suburban Drive, supported asphalt; 3 - Nick Greco, 5433 Foulk Road, and Roger Cash, 5365 Foulk Road, opposed asphalt for Foulk Road; Discussed was drainage and water flow; proposed asphalt being 2" mat; Cedar Terrace Drive, Foulk Road and Suburban Drive to be concrete and Tucson Drive, Chico Drive and North Avenue to be asphalt; program could be increased or decreased but could not change from concrete to asphalt; third year block grant funding; City and block grant picking 28 712 282%. % of total cost of storm sewer and paving, and property owners Councilman Wilharm pointed out the assessments were less under this Program and a better deal than next year's on total cost basis. Moved by Roehr, seconded by Bowers that above objections and support be received, placed on file and "Resolution adopting plans, specifications, form of contract and estimated cost for F.Y. Paving Program 1979 I, Contract No. 166", be adopted. Ayes: Wilharm, Roehr, Bowers. Nays: Hutchison, Getty, Dowie, Burton. Resolution not adopted. „1N 75007 - Mayor Rooff declared the hearing closed. Moved by Bowers, seconded by Burton that the Clerk be instructed to return the bids, unread, to the contractors. Motion carried. 75008 - Moved by Roehr, seconded by Getty that proof of publication of notice of public hearing on rezoning from "A-1” Agricultrual District to "R-1" One and Two Family Residence District approximately three acres in part of Section 8 -88N -13W, east of Hoff Road and 1/3 mile north of West Shaulis Road, as published in Waterloo Courier on September 1, 1978, upon the request of Dale M. Hilsenbeck, upon the recommendation of City Zoning Commission and Council's own motion, be received and placed on file. Motion carried. 75009 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Dowie, seconded by Bowers that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 150 to Section 2A-5, rezoning certain property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 75010Moved by Roehr, seconded by Burton that the rules requiring ordinances I be considered and voted on for passage at two prior meetings, be I 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. 75011 - Moved by Bowers, seconded by Hutchison that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 150 to Section 2A-5, rezoning certain property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2986. 75012 - Moved by Roehr, seconded by Hutchison that proof of publication of notice of public hearing on conditional zoning in a "R-2" One and Two Family Residance District, Lots 39, 40 and 41, Kearn's Addition, SW of University Avenue and Nally of Sylvia Avenue, as published in Waterloo Courier on September 1, 1978, upon request of McGee and Ott Investments, Inc., upon the recommendation of City Zoning Commission and Council's own motion, be received and placed on file. Motion carried. 75013 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Burton, seconded by Hutchison that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 149 to Section 2A-5, rezoning certain property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 75014 - Moved by Roehr, seconded by Burton that proof of publication of notice of public hearing on proposal to vacate a 16' sanitary sewer easement in Lot 1, Country Club Condominium, as published in Waterloo Courier on 9/8/78, requested by Country Club Management Corporation, be received and placed on file. Motion carried. 75015 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Dowie, sanitary sewer placed on file, Motion carried. seconded by Hutchison that "An Ordinance vacating a 16' easement in Lot 1, Country Club Condominium", be received, considered and passed for the first time. Ayes: Seven. 75016 - Moved by Getty, seconded by Roehr that rules requiring ordinances to be considered and voted on 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. 75017 - Moved by Burton, seconded by Hutchison that "An Ordinance vacating a 16' sanitary sewer easement in Lot 1, Country Club Condominium", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2987. September 18, 1978 75018 - Henry Cutler for Cedar Arts Forum, Inc., a non-profit organization, re- quested permission to solicit for fund raising purposes. Moved by Dowie, seconded by Burton that the above request be received, placed on file and approved subject to registration in Clerk's office. Motion carried. 75019 - Dwayne Eilers reported building would be removed at 1029 Ann Street and asked that something be done about junk shop at adjoining property; also, that Fox Street and Calhoun Street be reopened and graded. Mayor Rooff said Street and Building Departments would check. Agnes B. Robertson spoke in support. 75020 - Councilman Wilharm presented a petition from residents of 800 block of Nancy Road for storm sewer. Moved by Wilhann seconded by Roehr that above petition be received, placed on file and referred to the City Engineer. Motion carried. 75021 - Moved by Getty, seconded by Hutchison that offer of Iowa Department of Transportation to purchase approximately 12.5 acres of Black Hawk Creek Greenbelt land for the sum of $14,300 for right-of-way for proposed arterial highway 520, as shown on attached map, and report of Community Development Board, be received, placed on file, "A resolution authorizing the sale of a parcel of land located along Ridgeway and Black Hawk Creek in the Greenbelt Area", adopted and hearing set for October 23, 1978 at 7:00 P.M. in Council Chambers in City Hall. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25969. 75022 - Plan and Program Director Franke asked that no action be taken on curb cut as a variance was before the Board of Adjustment. Moved by Bowers, seconded by Dowie that request of 7 -Eleven Food Stores, 205 Newell Street, for two 32' commercial curb cuts, one on East Fourth Street and one on Newell Street, as shown on attached plat, and City Engineer's recommendation for approval subject to the provisions of his letter, be received, placed on file and request denied until variance decision rendered by Board of Adjustment. Motion carried. 75023 - Moved by Dowie, seconded by Getty that Finance Director's Statement for August, 1978 showing Fund Balance 8/1/78 $13,853,640.64, +Receipts $5,216,945.75, -Bill Payments $1,928,581.12, -Payrolls $790,486.43, - Transfers $125,123.55, - Commissions $829,808.73, Fund Balance 8/31/78 $15,396,586.56, be received, placed on file and approved. tsotion carried. 75024 - Moved by Burton, seconded by Hutchison that Annual Report of Waterloo Public Library for period of 7/1/77- 6/30/78, be received and placed on file. Motion carried. 75025 - Moved by Bowers, seconded by Burton that minutes of Community Develop- ment Board for regular meeting held on August 8, 1978, be received and placed on file. Motion carried. 75026 - Moved by Dowie, seconded by Getty that Contract and Bond for Contract No. 171 in the amount of $59,102.10, be received, placed on file and "Resolution approving Contract and Bond of Rohlin Construction Co., Inc., Waterloo, Iowa, for FY 1979 Overlay Program, Contract No. 171", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25970. 75027 - Moved by Bowers, seconded by Burton that communication from City Engineer, transmitting License Agreement 9/18/78 with Chicago and North Western Transportation Company for a sidewalk upon railroad property for FY 1978 Idaho Sidewalk Program, Contract No. 45, and recommending approval, be received, placed on file and "Resolution approving the License Agreement with Chicago and North Western Transportation Co., and authorizing Mayor and Clerk to execute same", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25971. 75028 - Moved by Getty, seconded by Bowers that Agreement dated 10/1/78 with Honeywell Inc., Des Moines, Iowa, for temperature control maintenance in City Hall Building for an annual sum of $1342.00, be received, placed on file, approved, Mayor and Clerk authorized and directed to execute same, and Finance Director instructed to issue a warrant in September 18, 1978 75028 - (Continued) payment thereof. Ayes: Seven. Motion carried. 75029 - Moved by Roehr, seconded by Hutchison that Construction Permit No. 78-581-S for Sanitary Sewer Extension in Ranchero Park from Iowa De- partment of Environmental Quality, subject to certain conditions and requirements, be received and placed on file. Motion carried. 75030 - Moved by Roehr, seconded by Getty that communication from Asst. City Attorney, transmitting an ordinance repealing Ordinance No. 2700 adopted 10/7/74 vacating Fairbanks Drive, and rededicating said Drive, be received, placed on file and "An Ordinance rededicating and naming all of Fairbanks Drive lying west of Forrester Avenue and north of Rainbow Drive, in the City of Waterloo, Iowa, for public street purposes", considered and passed for the first time. Ayes: Seven. Motion carried. 75031 - Moved by Roehr, seconded by Wilharm that rules requiring ordinances to be considered and voted on for passage at two 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: Wilharm, Roehr, Getty, Dowie, Burton, Bowers. Nay: Hutchison. Motion carried. 75032 - Moved by Bowers, seconded by Roehr that "An Ordinance rededicating and naming all of Fairbanks Drive lying west of Forrester Avenue and north of Rainbow Drive, in the City of Waterloo, Iowa, for public street purposes", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2988. 75033 - Moved by Dowie, seconded by Bowers that communication from Asst. City Attorney, transmitting proposed resolution dedicating a portion of Webster Street for street purposes to remove title objections, be re- ceived, placed on file and "Resolution dedicating certain land for street purposes", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25972. 75034 - Mayor Rooff stated Waterloo Cablevision would pay for Counsel and hold harmless the City for any damages as provided in ordinance. Jay Roberts, Atty. for said firm reported City Attorney Smith asked for an appeal of the final decision of the District Court to the Iowa Supreme Court. Moved by Getty, seconded by Roehr that "A resolution authorizing and directing the engaging of counsel to appeal Iowa District Court for Black Hawk County, Case No. 56608 to the Supreme Court of Iowa", be adopted. Ayes: Roehr, Getty, Burton, Bowers. Nays: Wilharm, Hutchison, Dowie. Resolution adopted and upon approval by Mayor, assigned No. 25973. 75035 - Moved by Roehr, seconded by Hutchison that communication from Super- intendent of Streets, reporting retirement of Roy Glass, effective 9/12/78, and entitlement to 361 hours sick leave and 210 hours vacation pay, be received, placed on file and "Resolution approving payment of $3,094.82 sick leave and vacation pay to Roy Glass, Retiree of Street Department", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25974. 75036 - City Clerk Gibbs reported that emergency repairs of the boiler in City Hall were necessary due to cracks and fatigue of metal. Moved by Wilharm, seconded by Burton that "Resolution of Necessity to institute emergency proceedings for repairs of Boiler in City Hall", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25975. 75037 - Moved by Wilharm, seconded by Hutchison that Certificate certifying the necessity of emergency repairs of the Boiler in City Hall, dated 9/11/78, from Fred H. Gilmor, Registered Professional Engineer, be received and placed on file. Motion carried. 75038 - Moved by Dowie, seconded by Wilharm that the statement of Boiler Service & Supply, Inc. for certain repairs to the Boiler in City Hall in the sum of $1517.60, and proposal for additional repairs in the sum of $5600, be received, placed on file, approved and "Resolution approving September 18, 1978 75038 - (Continued) the acceptance of the statement and bid of Boiler Service & Supply, Inc. Waterloo, Iowa, in the sums of $1517.63 and $5600.00 respectively for certain emergency repairs to the Boiler in City Hall", adopted, subject to the total cost of said emergency repairs not to exceed $10,000.00. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25976. 75039 - Moved by Bowers, seconded by Burton that communication from Acting Chief of Police reporting resignation of Officer Robert Henderson, effective 8/18/78, and entitlement to sick leave and vacation pay for a total of 61 days, be received, placed on file and "Resolution approv- ing payment of $3,381.84 sick leave and vacation pay to Robert Henderson, Resigned from Police Department", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25977. 75040 - Moved by Wilharm, seconded by Dowie that following request for per- mission to attend function, with expenses allowed not to exceed the amount shown, be received, placed on file and approved: Water Pollution Control Operations Supervisor to 1978 Water Pollution Control Federation Conference, Anaheim, California, October 1 thru 6, 1978, $685.00 + registration. Ayes: Seven. Motion carried. 75041 - Moved by Bowers, seconded by Getty 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 Class B and M Enterprises, Inc. of Cedar Falls, Iowa dba Shakey's Pizza Parlor, 106 Brookeridge Road. John T. Dunakey dba Sycamore Tap, 710 Sycamore Street Charles L. Johnson, Dairy Cattle Congress Class C James- Klein dba Klein's Korner, 811 Rainbow Drive Beer Liquor Z`Iass Gur-Land, Inc. dba The Brown Bottle, 209 West 5th Street Bum Steer, Inc. dba Bum Steer, 3251 West 4th Street Sunda Sales Beer B S & 11 Enterprises, Inc. of Cedar Falls, Iowa dba Shakey's Pizza Parlor, 106 Brookeridge Road Charles L. Johnson, Dairy Cattle Congress Beer - Class C James S. ein dba Klein's Korner, 811 Rainbow Drive Gur-Land, Inc. dba The Brown Bottle, 209 West 5th Street Motion carried. 75042 - Moved by Getty, seconded by Wilharm that application of Lind Bros. Standard Service Station for permission to sell cigarettes at 230 East Ridgeway Avenue, be received, placed on file and granted. Motion carried. 75043 - Moved by Getty, seconded by Hutchison that application of Francis E. Upton, 2026 Plain View Street, for taxicab driver's permit, be received, placed on file and granted. Motion carried 75044 - Moved by Bowers, seconded by Getty that report of City Attorney and list of bonds filed with Clerk through 9/18/78, be received, placed on file and report and bonds approved. Motion carried. 75045 - Moved by Roehr, seconded by Dowie that the Council adjourn. Motion carried. Katherine Gibbs, September 18, 1978 City Clerk