HomeMy WebLinkAbout06/26/78June 26, 1978
The Council of City of Waterloo, Iowa, met in Regular Session in Council Cham-
bers in the City Hall at 7:00 P.T., on June 26, 1978. Mayor Rooff in the
Chair. On roll call; Present: Bowers, Burton, Dowie, Cetty, Hutchison. Roehr,
Wilharm. Absent: None. Invocation by Councilman Getty.
74510 - Moved by Roehr, seconded by Hutchison that the Agenda, as amended, for
the Regular Session of June 26, 1978 at 7:00 P.I"., be accepted and ap-
proved. Motion carried.
74511 - Moved by Dowie, seconded by Bowers that the Minutes of the Regular
Session held June 19, 1978 at 7:00 P.ifi., be approved. Motion carried.
74512 - Moved by Roehr, seconded by Getty that proof of publication of Notice
of Bond Sale of.$152,000 Street Improvement Bonds (Special Assessments)
for the F.Y. 1977 Paving Program, Contract No. 1-57, be received and
placed on file. Motion carried.
74512A- The Mayor announced that this being the time and place for the opening
of bids for the sale of $152,000 Street Improvement Bonds, the meeting
was thrown open for the receipt of bids for said bonds.
Loved by Bowers, seconded by Dowie that the following sealed bids be
received, placed on file but NOT OPENED:
1. Peoples Trust and Savings Bank, Indianola, Iowa.
2. Shaw, McDermott & Co., Des Moines, Iowa.
Motion carried.
74513 - Open bids were then called for and there being none, it was moved by
Bowers, seconded by Burton that the sealed bids be opened, being as
follows, and referred to the Finance Director for checking and report
back to the Council:
EFFECTIVE OR
BIDDER PREMIUM NET INTEREST RATE
1. Peoples Trust & Savings Bank -0- 5.1066%
Indianola, Iowa
2. Shaw, McDermott & Company -0- 6.0752%
Motion carried.
74514 - Ivioved by Roehr, seconded by Hutchison that proof of publication of
notice of public hearing on rezoning from "A-1" Agricultural District
to "R-1" One and Two Family Residence District of 22 acres of land in
Section 1 -89N -13W, north of East Airline iliway and east of Logan Ave-
nue, as published in Waterloo Courier on 6/9/78, upon the request of
Forrest Bentley and Carol Jean Bentley, upon the recommendation of
City Zoning Commission and Council's own motion, be received and
placed on file. Motion carried.
74515 - This being the time for hearing, the Mayor called for oral and written
objections, and there were none.
Moved by Bowers, seconded by Hutchison that "An Ordinance amending
Ordinance No. 2479, as amended, by adding Sub -Section No. 147 to Sec-
tion 2A-5, rezoning certain property", be received, placed on file,
considered and passed for the first time. Ayes: Seven. Motion
carried.
74516 - Moved by Getty, seconded by Dowie that the 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.
74517 - Moved by Bowers, seconded by Getty that "An Ordinance amending Ordin-
ance No. 2479, as amended, by adding Sub -Section No. 147 to Section
2A-5, rezoning certain property", be adopted. Ayes: Seven. Reso-
lution adopted and upon approval by 11ayor, assigned No. 2975.
74518 - Councilman Getty reported the garbage trucks needed to be replaced,
informal bids have been received, Trucks of Iowa, Inc. for GMC Tandem
trucks in total amount of $211,592.00 for eight units, and Elliott
Equipment Co. for Leach 2-R Pack -master in total amount of $88,140.00
plus trade-in for eight units, were recommended and the City could
enter into a lease agreement whereby the City would own said equip-
ment after seven years.
Moved by Getty, seconded by Bowers that the above bids, be received,
placed on file, referred to Supt. of Streets, and "Resolution accept-
ing the bid of Trucks of Iowa, Inc. for eight GMC tandem trucks for
z
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74518 - (Continued)
the total amount of $211,592.00, and the bid of Flliott Equipment Co.
for eight Leach 2-R Packmasters for total amount of $88,140.00 plus
trade-in, and the Mayor authorized and directed to enter into a lease
agreement for same with stipulation that said equipment becomes the
property of the City after seven years", adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 25821.
74519 - Mayor Rooff reported smoking in City Hall would be only in designated
areas and after July 1st there would be "no smoking" in the Council
Chambers.
74520 - Moved by Roehr, seconded by Dowie that request of Gerald P. Schoen-
felder for Council on its own motion to rezone from "A-1" Agricultur-
al District to "R-1" One and Two Family Residence District and "R-3"
Multiple Residence District approximately 38 acres in Section 11 -88N -
13W, south of Murphy Road and 4 mile east of Haniond Avenue, as shown
on attached plat and legally described in Exhibit "A", and City Zon-
ing Commission's recommendation for approval, be received, placed on
file, recommendation approved, date of hearing set as July 17, 1978
at 7:00 P.M. and Clerk instructed to publish notice. Motion carried.
74521 - Edward E. Knowles, 321 Westbourne Road, presented a petition from
residents of Westbourne Terrace Addition, objecting to proposal of
storm sewer and paving of South Hackett Road from University Avenue to
Rainbow Drive, and requesting a guarantee that said storm and sewer
system, or any other future systems, will not be connected to West-
bourne Terrace Addition sewer systems.
Mayor Rooff stated a neighborhood meeting would be set up with the
City Engineer, if the people would set a time, and suggested waiting
until the drainage and sewer study was ready, which was expected with-
in the next 10 days.
Moved by Getty, seconded by Roehr that the above petition, be received
and placed on file. Motion carried.
74522 - Moved by Bowers, seconded by Burton that communication from City At-
torney, transmitting a Petition for Property Tax Exemption from Norma
Phillips for West 20' of Lot 10 and East 16' of Lot 11, and the West
42' of Lot 11, all in Central Subdivision, known as 120 Smith Street
and adjoining lot, pursuant to Chapter 427.8 of the 1977 Code of Iowa,
be received, placed on file, approved and "Resolution recommending to
the Board of Supervisors of Black Hawk County the suspension of all
taxes, now and hereafter, on 120 Smith Street and adjoining lot, as
long as Norma Phillips remains the owner", adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 25822.
74523 - Moved by Roehr, seconded by Burton that communication from Plan and
Program Commission, transmitting the oral request of Hap Rooff for wai-
ver of street paving requirements in a proposed residential subdivision
west of Maywood Addition, and recommending denial, be received, placed
on file and denied. Motion carried.
74524 - Moved by Hutchison, seconded by Roehr that request of Waterloo Plan and
Program Commission for vacation of a portion of Byron Avenue located
east of east right-of-way line of Mendota Street and west of west
right-of-way line of Galena Street, Riverview Addition, be received,
placed on file and "Resolution fixing the time and place of hearing
and notice to be given on vacation of portion of Byron Avenue, as July
17, 1978 at 7:00 P.M. in the Council Chambers of City Hall and instruct-
ing the Clerk to publish notice of hearing", adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 25823.
74525 - Moved by Roehr, seconded by Hutchison that request of Waterloo Plan and
Program Commission for vacation of all of north -south alley in Block
25, Riverview Addition, be received, placed on file and "Resolution
fixing the time and place of hearing and notice to be given on vaca-
tion of all of north -south alley in Block 25, Riverview Addition, as
July 17, 1978 at 7:00 P.M. in the Council Chambers of City Hall and in-
structing the Clerk to publish notice of hearing", adopted. Ayes:
Seven. Resolution adopted and upon approval by Mayor, assigned No.
25824.
74526 - Aloved by Dowie, seconded by Getty that request of Waterloo Plan and
Program Commission for vacation of an 8 foot, 8 inch utility easement
along the north lot line of Lot 97, Cedar Terrace Third Addition
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74526 - (Continued)
except for east 8 feet, 8 inches, and recommending approval, be receiv-
ed, placed on file, recommendation approved, and "Resolution fixing
the time and place of hearing and notice to be given on vacation of
certain utility easement along north lot line of Lot 97, Cedar Terrace
Third Addition as July 17, 1978 at 7:00 P.M. in the Council Chambers
of City Hall and instructing the City Clerk to publish the notice of
hearing", adopted. Ayes: Seven. Resolution adopted and upon approv-
al by Mayor, assigned No. 25825.
74527 - Moved by Roehr, seconded by Dowie that communication from Waterloo
Plan and Program Commission, transmitting the oral request of Mrs.
Kenneth Rogers, 321 Belle Street, for vacation of a 60' public access
easement located between Belle Street and Cedar River, west of Lot 1,
Cedar Terrace Addition, and recommending City's retention of easement
and denial of request, be received, placed on file, recommendations
approved and request denied. notion carried.
74528 - Moved by Burton, seconded by Hutchison that request of Hillebrand &
Son, Inc. for permission to construct two 20' commercial curb cuts at
3243 University Avenue, as shown on attached plat, and Acting City
Engineer's recommendation for approval subject to the provisions of
his letter, be received, placed on file, recommendations approved and
permission granted in accordance therewith. Motion carried.
74529 - Moved by Bowers, seconded by Dowie that request of Myldred C. Matz for
permission to construct a temporary concrete driveway at 755 Newton
Street without regard to sidewalk grade, together with $3.00 for re-
cording waiver, and Acting City Engineer's recommendation for approval
subject to the provisions of his letter, be received, placed on file,
approved and "Resolution granting permission to Myldred C. Matz and
authorizing construction of a temporary concrete driveway at 755 New-
ton Street irrespective of a later official grade", adopted. Ayes:
Seven. Resolution adopted and upon approval by Mayor, assigned No.
25826.
74530 - Moved by Bowers, seconded by Dowie that request of Church of Christ
for permission to construct a temporary asphalt driveway at 1247
Cedar Bend Street without regard to sidewalk grade, together with
$3.00 for recording waiver, and Acting City Engineer's recommendation
for approval subject to the provisions of his letter, be received,
placed on file, approved and "Resolution granting permission to Church
of Christ and authorizing construction of a temporary asphalt drive-
way at 1247 Cedar Bend Street irrespective of a later official grade",
adopted. Ayes: Seven. Resolution adopted and upon approval by
Mayor, assigned No. 25827.
74531 - Plan and Program Director Franke briefly reported on the 1978 Down-
town Parking Study and stated the Commission's recommendations were
for the adoption of the plan; Alternate IV for Paramount Theatre
site be implemented; consulting engineer be hired for evaluation of
Conway area; Mayor be authorized to appoint a Downtown Development
Commission to monitor physical improvement needs in Central Business
District. He pointed out that Paramount Theatre site was purchased
with open space grant funds and if not used accordingly, the City
would need to buy the land from HUD.
Mayor Rooff recommended Council take no action except to receive and
place on file as it was far too premature to set this site down as
parking or park area. Don Stephens, Chairman of Downtown Council,
selected Alternate II, additional parking and green scene. lie stat-
ed the No. 1 problem for shoppers coming downtown was parking, the
Park and Sycamore parking lot entrance was not marked, rates not post-
ed, East Fourth and Water Streets area businesses were suffering for
lack of parking, etc. He was supported by Bob Walker, Dear Old Dad
owner, Jim Walker, Smith Jewelry owners, for parking lot. Judy
Peterson for Green Scene reported a petition with 400 to 500 signers
was still circulating for park area, City had applied for massive
housing facility downtown, maintaining parking lot too costly. Joe
Brady supported parking lot needs as downtown had trees and benches.
Scott Fetner for National Bank, supported combination parking lot
and park area, stating bank was bringing five times as many people
downtown now. Jan Rice inquired as to the plans for west side of
river. Mayor Rooff replied two high rise apartments on river, re-
strictions for flood control, Soldier's Home would remain. He said
June 26, 1978
ti
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74531 - (Continued)
he would take care of larger sign and posting of rates at new parking
lot and asked for a meeting with three members of Green Scene and
three Downtown merchants on Wednesday.
Moved by Wilharm, seconded by Burton that communication from Water-
loo Plan and Program Commission, transmitting 1978 Downtown Parking
Study with recommendations, together with letters in support of
parking and letters in support of open space area, be received, plac-
ed on file, and action to be considered soon. I -lotion carried.
74531A- Moved by Hutchison, seconded by Burton that the above action be amend-
ed to read that action be taken on July 10, 1978. Motion carried.
74532 - Moved by Roehr, seconded by Bowers that the 18 month period from
July 1, 1976 thru December 31, 1977, Audit Report of McElroy Audi-
torium and Conway Civic Center prepared by Iowa State Auditor's
Office, be received and placed on file. Motion carried.
74533 - Moved by Getty, seconded by Dowie that communication from Plan and
Program Commission, transmitting a site plan of Prairie Meadow West
Fifth Addition, and recommending approval, be received, placed on
file, approved and date of hearing set as July 17, 1978 at 7:00 P.M.
in City Hall and Clerk instructed to publish notice. motion carried.
74534 - The Finance Director, having checked the bids submitted for the
$152,000 Street Improvement Bonds being offered for sale in connec-
tion with FY 1977 Paving Program, Contract No. 157, referred to him
by Council Action #75413, reported after checking the bids, the bid
of Peoples Trust & Savings Bank of Indianola, Iowa, being an effec-
tive interest rate of 5.7066% was the best bid received.
Moved by Getty, seconded by Dowie that "Resolution directing the
sale of $152,000 Street Improvement Bonds of Waterloo, Iowa, to
Peoples Trust & Savings Bank of Indianola, Iowa, for the F. Y. 1977
Paving Program, Contract No. 157", be adopted. Ayes: Seven. Reso-
lution adopted and upon approval by Mayor, assigned No. 25828.
74535 - Moved by Dowie, seconded by Burton that the Clerk be instructed to
return the certified checks to the unsuccessful bidders. 14otion
carried.
74536 - Moved by Bowers, seconded by Hutchison that Preliminary Plat of May-
wood Heights Addition with Deed of Dedication, Report of City Engi-
neer, Plan and Program Commission's resolution of approval and re-
commendation for Council approval, be received, placed on file and
"Resolution approving the Preliminary Plat of Maywood Heights Addi-
tion, Waterloo, Black Hawk County, Iowa", adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 25829.
74537 - Moved by Roehr, seconded by Hutchison that communication from Commun-
ity Development Administrator, transmitting an Offer to Sell to the
City of Waterloo from Dagmar Elizabeth Petersen, Parcel No. 10, in
part of Section 36-8911-1414, located adjacent to Ridgeway Avenue, for
the sum of $8,750.00, for widening of Ridgeway Avenue purposes, 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", adopted. Ayes:
Seven. Resolution adopted and upon approval by Mayor, assigned No.
25830.
74538 - Moved by Bowers, seconded by Dowie that communication from Community
Development Administrator, transmitting the following Two Offers of
Sale to the City of Waterloo certain real property for Waterloo Flood
Control Project, 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",
adopted:
1 - Parcel No. 51 - Lot 51 except W 200', Hollandale Addition - adja-
cent to Liberty Park - from Edward G. Andrews - $2,600.00;
2 - Parcel No. 57 - Lot 57 except W 200', Hollandale Addition- adja-
cent to Liberty Park - Linda K. Marshall - $2,500.00.
Ayes: Seven. Resolution adopted and upon approval by Mayor, assign-
ed No. 25831.
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74539 - Noved.by Roehr, seconded by Bowers that "Resolution authorizing and
directing the engaging of Counsel to defend the City of Waterloo,
Iowa, on Cable T.V. matter at no cost to the City", be adopted.
Ayes: Bowers, Burton, Dowie, Getty, Roehr. Nay: Hutchison, Wil -
harm. Resolution adopted and upon approval by Mayor, assigned No.
25832.
74540 - Moved by Roehr, seconded by Hutchison that "A Resolution authorizing
the condemnation of certain parcels of real property for the Flood
Control Project", be adopted. Ayes: Seven. Resolution adopted and
upon approval by Mayor, assigned No. 25833.
74541 - Moved by Hutchison, seconded by Dowie that communication from City
Attorney, transmitting "A resolution authorizing the condemnation
of certain parcels of real property for the Flood Control Project",
be received, placed on file and said resolution adopted. Ayes:
Seven. Resolution adopted and upon approval by Mayor, assigned No.
25834.
74542 - Moved by Dowie, seconded by Hutchison that communication from Commun-
ity Development Administrator, advising the Corps of Engineers has
requested the official transfer and City's acceptance of total assump-
tion of operation and maintenance of Stage V -B of Local Flood Con-
trol Project be made on June 30, 19708 (said responsibilities, exclud-
ing plantings, having been accepted in December, 1977), be received,
placed on file and "A resolution authorizing the Mayor to accept on
behalf of the City of Waterloo effective June 30, 1978, the responsi-
bility for maintenance of plantings for the flood protection devices
constructed as Stage V -B of the Corps of Engineers Local Flood Con-
trol Project", adopted. Ayes: Seven. Resolution adopted and upon
approval by Mayor, assigned No. 25835.
74543 - Moved by Roehr, seconded by Bowers that statement for engineering
services for Hackett Road Bypass, and Acting City Engineer's recom-
mendation for approval, be received, placed on file and "Resolution
accepting the statement dated 6/6/78 from Brice, Petrides & Associ-
ates, Inc. for engineering services for Evaluation and Planning for
Hackett Road Bypass, and authorizing payment accordingly", adopted.
Ayes: Seven. Resolution adopted and upon approval by Mayor, assign-
ed No. 25836.
74544 - Moved by Getty, seconded by Dowie that "Resolution, Bills", be adopt-
ed. Ayes: Seven. Dowie voted with reservations on items with
asterisks for reason of possible conflict of interest under Section
362.6 of Code of Iowa. Resolution adopted and upon approval by May-
or, assigned No. 25837.
74545 - Moved by Bowers, seconded by Getty that connrunication from Assistant
Chief of Police, reporting retirement of Chief of Police Robert L.
Beener, effective June 30, 1978, and entitlement of 96 days sick
leave and 30 days vacation pay, be received, placed on file and
"Resolution approving payment of $11,410.56 sick leave and vacation
pay to Robert L. Beener, Retiree as Chief of Police", adopted. Ayes:
Seven. Resolution adopted and upon approval by Mayor, assigned No.
25838.
74546 - Moved by Roehr, seconded by Getty that following request for permis-
sion to attend function, with expenses allowed not to exceed the
amount shown, be received, placed on file and approved:
Superintendent o- Traffic Signals and City Electrician to meeting on
traffic studies and systems, Austin, Texas, October 8 thru 13, 1978,
$580.00.
Ayes: Seven. Motion carried.
74547 - Moved by Getty, seconded by Hutchison that application for 1978-1979
Scavenger License to expire 5/1/79 from Don MlacYahon and Robert
Marshall dba Mar -Mac Septic Tank Service, 310 Second Street, Washburn,
Iowa, be received, placed on file and granted. Motion carried.
74548 - Moved by Dowie, seconded by Bowers that the application of Cedarloo
Raceway, Inc. for permission to stage a fireworks display at Tunis
Speedway on July 4, 1978 with alternate date of July 9, 1978 in case
of inclement weather, be received, placed on file and permission
granted. Motion carried.
June 26, 1978
'"ON - 6
74549 - Proved by Bowers, seconded by Getty that following applications for
Beer Permits and Beer and Liquor Licenses, be received, placed on file,
approved and endorsed applications forwarded to the Iowa Beer and
Liquor Control Department:
Beer - Class C
Jo n —Eveana a National Cigar Store, 617 Sycamore Street
Beer Liquor - Class A
Loyal Order ot Moose Lodge ;328, 211 West 18th Street
Fraternal Order of Eagles Waterloo Aerie #764, 202 East lst Street
Beer Liquor - Class C
Back Bull Lounge, Inc. dba Black Bull Lounge, 604 Ansborough Avenue
Electric Park, Inc., West Conger Street & Rainbow Drive
l�iaple Lanes Bowling Center, 2608 University Avenue
Knights of Columbus dba Club 700, 1955 Locke Avenue
Fuldy Enterprises, Inc. dba Quality Inn Waterloo, West 5th Street &
Jefferson Street
Maxwell E. Wood dba Woods Tavern, 226 West 11th Street
Veterans of Foreign Wars Post #1623, 612 Jefferson. Street
Sunday Sales - Beer - Class C
John Eveland dba National Cigar Store, 617 Sycamore Street
Sunday Sales - Beer Liquor - Class A
Loyal Order of Moose Lodge West 18th Street
Fraternal Order of Eagles Waterloo Aerie #764, 202 East 1st Street
Sunday Sales - Beer Liquor - Class C
E e tric Park, Inc., West Conger Street & Rainbow Drive
Maple Lanes Bowling Center, 2608 University Avenue
Knights of Columbus dba Club 700, 1955 Locke Avenue
Fuldy Enterprises, Inc. dba Quality Inn Waterloo, West 5th Street
& Jefferson Street
Veterans of Foreign Wars Post #1623, 612 Jefferson Street
motion carried.
74550 - Moved by Getty, seconded by Roehr that fifty (50) applications for
permission to sell cigarettes at various locations in the City of
Waterloo, be received, placed on file, approved and permits granted.
I -lotion carried.
74551 - Moved by Wilharm, seconded by Hutchison that following applications
for dance licenses, be received, placed on file and granted:
James C. Perry dba Skates Unlimited, 1101 Black Hawk Road
E. Paul Nuss dba Inn Touch Lounge, 1445-47 Sycamore Street
Motion carried.
74552 - r-:oved by Bowers, seconded by Wilharm that following applications for
taxicab driver's Permits, be received, placed on file and granted:
Kenneth E. Mattox, 708 Lincoln Street, Cedar Falls
Steve R. Oettel, 1931 Drew Avenue
Motion carried.
74553 - Moved by Getty, seconded by Hutchison that the application of Adrienne
L. Johnson, 924 Lafayette Street, for a 11assage Technician Permit, be
received, placed on file and granted subject to the requirements of
ordinance governing same. Motion carried.
74554 - Moved by Bowers, seconded by Dowie that report of City Attorney and
list of bonds filed with Clerk through 6/26/78, be received, placed on
file and report and bonds approved. Motion carried.
74555 - Moved by Hutchison, seconded by Dowie that the Council adjourn. Mo-
tion carried.
Katherine Gibbs,
City Clerk
June 26, 1978