HomeMy WebLinkAbout04/10/78April 10, 1978
The Council of City of Waterloo, Iowa, met in Regular Session in the Council
Chambers in the City Hall at 7:00 P.M. on April 10, 1978. Mayor Rooff in the
Chair. On roll call, Present: Bowers, Burton, Dowie, Getty, Hutchison, Roehr,
Wilharm. Absent: None. Invocation by Councilman Getty.
73938 - Moved by Roehr, seconded by Burton that the Agenda', as proposed, for
the Regular Session of April 10, 1978 at 7:00 P.M., be accepted and
approved. Motion carried.
73939 - Moved by Dowie, seconded by Wilharm that the Minutes of the Regular
Session held April 3, 1978 at 7:00 P.M., be approved. Motion car-
ried.
73940 - Moved by Burton, seconded by Getty that proof of publication of no-
tice of public hearing of proposal of City of Waterloo and Waterloo
Board of Park Commissioners to enter into a lease agreement with
Young Men's Christian Association of Black Hawk County, Iowa, for
approximately four to five acres of Miriam's Park Land as site for
proposed Y.M.C.A. Activity Center, as published in Waterloo Courier
on 3/24/78, be received and placed on file. Motion carried.
73941 - This being the time for hearing, the Mayor called for written and
oral objections.
Debbie Turner, 1161 Edgewood Drive, asked for postponement of action
until area residents were better informed and presented a petition
with 62 signatures.
Moved by Roehr, seconded by Hutchison that the above petition be
received, placed on file and action deferred until April 24, 1978.
Motion carried.
73942 - Mike Kane, 1225 Edgewood Drive, Herbert Frye, Margaret Campbell,
supported the petition for delay of action until the area residents
were better informed as to what part of the park was being consider-
ed, relocation of equipment, parking of cars, what could be expected
for the children in the use of the park, etc.
Y.M.C.A. Board Member Robert�Tonkin asked that action not be delayed.
Moved by Burton, seconded by Roehr that the above objections and
support, be received, placed on file and the hearing adjourned to
April 24, 1978 at 7:00 P.M. in the Council Chambers in City Hall,
in the City of Waterloo, Iowa, at which time and place a resolution
shall be presented to the Council for consideration and adoption,
granting a lease to Young Men's Christian Association of Black Hawk
County, Iowa, approximately four to five acres of Miriam's Park land
as a site for a new proposed Y.M.C.A. Activity Center. Ayes: Bowers,
Burton, Hutchison, Roehr, Wilharm. Nay: Getty. Dowie: Declined
to vote by reason of possible conflict of interest under Section
362.6 of Code of Iowa. Motion carried.
73943 - Arthur Kibe objected to assessment on Bauch Street for paving under
F.Y. 1977 Paving Program, Contract No.157, and pointed out that Brend-
er Street was never opened and did not exist.
73944 - Councilman Getty reported that Quintin Parker did not find excess
amount of truck traffic on Burton Avenue; 43 streets have been banned
from truck traffic; the residents were not complaining about dump
trucks but to big eighteen wheelers; and the recommendation was to
not change. He wondered if an embargo could be placed on weight.
A discussion followed on thickness of concrete; trucks using Conger
Street to Highway 20 then on across to Highways 57 and 63;conges-
tion on Conger Street to Parker Street. The City Engineer was in-
structed to report on thickness of paving on April 17th.
73945 - Councilman Roehr proposed that the Block Grant Fund allocation to
the Neighborhood Housing Services be deleted and said allocation
converted to the Street Repair Program. A discussion followed on
bad condition of streets due to the severe winter and Community De-
velopment Administrator Mercer was instructed to research if said
street repairs would be considered an emergency and qualify for an
allocation under Block Grant Fund Program, with a report back on
April 17, 1978.
ril 10, 1978
s.,
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73946 - William Ball, Atty. for American Cablevision of Waterloo, Inc.
stated their position is they legally do have a franchise as they
have filed an insurance certificate, performance bond and acceptance,
with the City Clerk; that they have a franchise and are going to
proceed accordingly; and the costs have been paid by the Company.
He said Asst. Attorney General Blumberg, in a telephone conversa-
tion, told him the opinion given to State Representative Schroeder
was not applicable to Waterloo and did not address itself to the
Waterloo situation. A discussion followed.
City Attorney Smith stated the Attorney General's opinion was just
another opinion from another lawyer; the Council was not a Court of
Law and should not be put in that position, and this should go to
the Courts; that Waterloo Cablevision, Inc. and American Cablevis-
ion of Waterloo, Inc. should resolve this themselves as the City
was not in cable t.v.
Councilman Hutchison moved the American Cablevision, Inc. acceptance
of franchise be accepted and City Attorney Smith stated the motion
was out of order as she was not on the prevailing side last week.
City Attorney Smith said the opinion was not binding and recommended
"the request be received, placed on file, request denied and papers
returned".
Moved by Getty, seconded by Bowers that the acceptance of franchise
be received, denied and returned back to American Cablevision of
Waterloo, Inc. Ayes: Bowers, Burton, Dowie, Getty, Roehr. Nays:
Hutchison and Wilharm. Motion carried.
73947 - In a discussion of assessments for Aladdin Street under Contract
No. 157, the property owners felt they should be equalized on both
sides of the street as Brender Street was an unopened street and
never an existing street.
Moved by Roehr, seconded by Wilharm that communication from City
Engineer, transmitting a request from Steven C. Staats, 1113 Bauch
Street, for a reduction in assessments under the F.Y. 1977 Paving
Program, Contract No. 157, for Aladdin Street, and recommending
denial, be received, placed on file, request approved, the total
assessments for seven lots reduced by a total amount of $1,955.00
and City Engineer instructed to proceed accordingly, with said re-
duction not setting a precedent but due to Brender Street not
having ever been opened. Ayes: Burton, Roehr, Wilharm. Nays:
Bowers, Dowie, Getty, Hutchison. Motion not carried.
73948 - Moved by Dowie, seconded by Hutchison that request of Robert Manion
for "Extra Space" for permission to widen to 24' the existing drive-
way at 1923 Mitchell Avenue, and City Engineer's recommendation for
approval subject to the provisions of his letter, be received, placed
on file, recommendations approved and permission granted in accord-
ance therewith. Motion carried.
73949 - Moved by Bowers, seconded by Burton that request of C.W. Shirey Com-
pany, 84 West Mullan Avenue, for permission to concrete their park-
ing area and to place trees along River Road, for beautification
purposes only, as shown on attached plat, and City Engineer's recom-
mendation for approval, be received, placed on file, and permission
granted subject to not to be used for parking. Motion carried.
73950 - Dwayne Eilers inquired if there could be some way whereby the
special assessments which the County requests to be cancelled, could
be deducted from the monies over and above the claims which the Coun-
ty receives at the auction sale.
Moved by Roehr, seconded by Hutchison that communication from
Black Hawk County Auditor, advising bids have been accepted on 3/27/
78 for the following properties in the amounts shown on which Black
Hawk County holds title and requesting Council approval to accept
same subject to City of Waterloo waiving all special assessments
and City to receive all proceeds from the sales, be received, placed
on file and approved:
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73950 - (Continued)
Special Amount to
Leal Description Assessments be Waived Bid
Lot 9, Block 4, $ 730.36 $ 80.36 $650.00
Peek's 2nd Addn.
Lot 2, Block 2,
Peek's Addn. 1,375.63 825.63 550.00
Lot 12, Block 9,
Manson's 3rd Addn. 901.32 251.32 650.00
Ayes: Seven. Motion carried.
73951 - Moved by Hutchison, seconded by Wilharm that City Treasurer's Fi-
nancial Report for March, 1978, showing Balance on Hand 3/1/78
$14,488,999.61, Receipts $1,737,387.78, Disbursements $2,803,207.22,
Balance on Hand 3/31/78 $13,423,180.17, be received, placed on file
and approved. Motion carried.
73952 - Moved by Hutchison, seconded by Wilharm that Finance Director's
Financial Statement for March, 1978, showing Fund Balance 3/1/78
$13,547,810.27, Receipts $1,737,387.78, Bill Payments $953,911.64,
Payrolls $690,944.93, Transfers $112,968.74, Commissions $368,045.37
Fund Balance 3/31/78 $13,159,327.37, be received, placed on file
and approved. Motion carried.
73953 - Moved by Roehr, seconded by Dowie that communication from City En-
gineer, transmitting proposed Agreement for 90% federal funding for
replacement of one bridge on Martin Road, Westerly of U.S. #63 and
one bridge on Cedar Terrace Drive, between Southcrest Drive and El-
liott Court, and recommending approval, be received, placed on file
and "Resolution approving Department of Transportation Agreement for
Safer Roads Demonstration Project (Project No. SRS-OOOS(231)--87-07
and SRS-OOOS(232)--87-07 IDOT Agreement No. 78-F-047), and authoriz-
ing Mayor and Clerk to sign same", adopted. Ayes: Seven. Resolu-
tion adopted and upon approval by Mayor, assigned No. 25666.
73954 - Moved by Wilharm, seconded by Getty that Sanitary Sewer Agreement
between City of Waterloo, City of Cedar Falls and Deere & Company
for sanitary sewer to serve John Deere Product Engineering Center
in Cedar Falls, together with letter of dedication of sewer line
and certification by the design consultant as to construction, and
City Engineer's recommendation for approval, be received, placed
on file, and "Resolution approving Sanitary Sewer Agreement between
City of Waterloo, City of Cedar Falls and Deere & Company", adopted.
Ayes: Bowers, Burton, Dowie, Getty, Hutchison, Wilharm. Nay: Roehr.
Resolution adopted and upon approval by Mayor, assigned No. 25667.
73955 - Moved by Dowie, seconded by Burton that Construction Permit No.
78-272-W for Water Main Extension for Donald Street, from Iowa De-
partment of Environmental Quality, subject to certain conditions
and requirements, be received and placed on file. Motion carried.
73956 - Moved by Roehr, seconded by Dowie that statement for engineering
services for Contract No. 188, and City Engineer's recommendation
for approval, be received, placed on file and Resolution accept-
ing the statement dated 3/31/78 from Robinson Engineering Co. for
engineering services for Northeast Annexation Trunk Sewer, Contract
No. 188, and authorizing payment accordingly", adopted. Ayes:
Seven. Resolution adopted and upon approval by Mayor, assigned
No. 25668.
73957 - Moved by Getty, seconded by Wilharm that "Resolution, Bills, Schedule
A", be adopted. Ayes: Seven. Councilman Dowie voted aye with reser-
vations as noted on Claims list. Resolution adopted and upon approval
by Mayor, assigned No. 25669.
73958 - Dwayne Eilers asked that payment to William R. Hennessey & Son, Inc.
Contractors, for Northeast Annexation Trunk Sewer, Contract No. 188,
be withheld until damages to his property are settled. City Attor-
ney Smith stated Dwayne Eilers could handle this himself through
Small Claims Court.
1
73958 - (Continued)
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Moved by Getty, seconded by Wilharm that "Resolution, Bills, Schedule
B", be adopted. Ayes: Seven. Councilman Dowie voted aye with re-
servations as noted on Claims list. Resolution adopted and upon ap-
proval by Mayor, assigned No. 25670.
73959 - Moved by Roehr, seconded by Dowie that the City Engineer be instruct-
ed and authorized to prepare the plans and specifications, form of
contract and bond, form of proposal, estimate of cost, etc. for F.Y.
1978 Paving Program, Contract No. 162. Motion carried.
73960 - Moved by Getty, seconded by Bowers that Preliminary resolution for
the construction of street improvements in the City of Waterloo, Iowa
(F.Y. 1978 Paving Program, Contract No. 162)", be adopted. Ayes:
Seven. Resolution adopted and upon approval by Mayor, assigned No.
25671.
73961 - Moved by Getty, seconded by Wilharm that "Resolution fixing values
of lots for F.Y. 1978 Paving Program, Contract No. 162", be adopted.
Ayes: Seven. Resolution adopted and upon approval by Mayor, as-
signed No. 25672.
73962 - Moved by Wilharm, seconded by Getty that the City Engineer's prelim-
inary plans, specifications, estimate of cost, plats and schedule
of assessments, etc. for the construction of F.Y. 1978 Paving Pro-
gram, Contract No. 162, be received and placed on file. Motion
carried.
73963 - Moved by Bowers, seconded by Burton that "Resolution adopting pre-
liminary plat and schedule, estimate of cost and proposed plans
and specifications for the construction of the "Waterloo, Iowa,
F.Y. 1978 Paving Program, Contract No. 162", be adopted. Ayes:
Seven. Resolution adopted and upon approval by Mayor, assigned No.
25673.
73964 - Harry Hill asked what specific steps were planned to prevent hard-
ships which would be caused by assessments for FY 1978 Block Grant
paving and was informed if the people didn't want the paving, it
would be taken out of the paving program.
73965 - Moved by Wilharm, seconded by Roehr that "(Proposed) Resolution of
Necessity for Waterloo, Iowa, F.Y. 1978 Paving Program, Contract
No. 162", be adopted and date of hearing set as May 1, 1978 at
7:00 P.M. in the Council Chambers in City Hall. Ayes: ven. Res-
olution adopted and upon approval by Mayor, assigned N 25674.
73966 - Moved by Wilharm, seconded by Dowie that communication from City
Engineer, transmitting fifteen petitions for oiling the following
streets, avenues, alleys, etc. or portions thereof in the Year
1978, and recommending approval, be received, placed on file, ap-
proved, ordered in the 1978 Oiling Program and City Engineer in-
structed to proceed accordingly:
Streets From To
Acorn Lane
Midway Drive
Progress Avenue
Bourland Avenue
West Ninth Street
West 150 ft.
Butler Avenue
Colorado Avenue
Indiana Avenue
South Hackett Road
University Avenue
North Property line 427
Hollywood Avenue
Movilla Street
Alice Avenue
Mohawk Street
Glenwood Street
Vine Street
Pleasant Street
West Sixth Street
West Seventh Street
Alleys
Between
From
To
Courtland Street &
Independence Ave.
Elm Street
Mobile Street
West Fourth Street
& West Fifth Street
Denver Street
Baltimore Street
Logan Avenue &
Hope Avenue
Anita Street
East Louise Street
Denver Street &
Baltimore Street
Williston Avenue
Pleasant Street
Cornwall Avenue &
Bourland Avenue
West Ninth Street
Randolph Street
73966 -
"IN -,ON
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(Continued)
Alleys (Continued)
Between From To
Kingbard Avenue
& Arden Avenue Clough Street Arden Avenue
Janney Avenue &
Hartman Avenue Magnolia Pkwy. Wallgate Avenue
Linwood Avenue &
West Eleventh Street South Street S. to Dead End
Motion carried.
73967 - Moved by Wilharm, seconded by
Dowie that communication from City
Engineer, transmitting
schedules
listing the following streets
which were abandoned from the
Resolution of Necessity for the F.Y.
1977 Paving Program, Contract
No. 157 (paving and underground), be
received, placed on file, approved
and "Resolution deleting certain
abandoned streets from
the Resolution
of Necessity for F.Y. 1977
Paving Program, Contract No.
157", adopted, and the Clerk instruct-
ed to certify said schedules
to the County Auditor in accordance
with Chapter 384.51 of
Code of
Iowa.
Adrian Street
from
Lafayette Street to Dearborn Avenue;
Adrian Street
from
Dearborn Avenue to Highway No. 20;
Kern Street
from
Reed Street to Cutler Street;
Wallgate Avenue
from
Downing Avenue to University Avenue;
Bauch Street
from
Maxwell Street to Aladdin Street;
Belleview Road
from
Windsor Drive to Derbyshire Drive;
Miriam Drive
from
Hale Street to Vermont Street;
Newell Street
from
Elk Run Road to West 2 mile;
Oregon Street
from
Hawthorne Avenue to Forest Avenue;
Oregon Street
from
Bertch Avenue to Williston Avenue;
S half of Miriam Drive
from
Hale Street to Knox Drive;
S half of Miriam Drive
from
Knox Drive to Vermont Street.
Ayes: Seven. Resolution adopted and upon approval by Mayor,
assigned No. 25675.
73968 - Moved by Roehr, seconded by Bowers that the application and bond
of Cohn Bros., Inc. for renewal of Junk Dealer License at 911
Commercial Street, be received, placed on file, approved and granted
subject to requirements of ordinance governing same. Motion carried.
73969 - Moved by Bowers, seconded by Getty that application and bond of
Wilber Auto Body and Sales, Inc. for an Auto Salvage License at
2220 Easton Avenue, be received, placed on file, approved and
granted subject to requirements of the ordinance governing same.
Motion carried.
73970 - Moved by Dowie, seconded by Burton that application of JoEllen M.
Leitz, 153 Main Street, for Ambulance Attendant Permit, be received,
placed on file and granted. Motion carried.
73971 - Moved by Wilharm, seconded by Getty that the 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 Permits
Class B
Ro ert Van Fleet Golf, Inc. dba South Hills Pro Shop,
1830 East Shaulis Road
Robert Van Fleet Golf, Inc. dba Gates Park Pro Shop,
820 East Donald Street
Robert Van Fleet Golf, Inc. dba Byrnes Park Pro Shop,
1000 Fletcher Avenue
Stuart Gee dba Mandarin Cafe, 510-512 Mulberry Street
Waterloo Baseball, Inc., 850 Park Road
Beer and Liquor Licenses - Class C
Nino's of -Iowa, Inc. dba Nino s Steak Round -Up, 3551 University
Leon J. Richardson dba Buck Hill Tap, 704 Cleveland Street
Sunday Sales - Beer Permits - Class B
Robert Van Fleet Golf Inc. dba South Hills Pro Shop,
1830 East Shaulis Road
73971 -
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(Continued)
Robert Van Fleet Golf, Inc. dba Gates Park Pro Shop,
820 East Donald Street
Robert Van Fleet Golf, Inc. dba Byrnes Park Pro Shop,
1000 Fletcher Avenue
Stuart Gee dba Mandarin Cafe, 510 Mulberry Street
Waterloo Baseball, Inc., 850 Park Road
Sunday Sales - Beer Liquor License
Class C
Nino s of Iowa, Inc. dba Nino's Steak Round -Up,
3551 University
Motion carried.
73972 - Moved by Getty, seconded by Roehr that application of Kay's Oasis,
Inc. for a dance license at 708 Jefferson Street, be received, placed
on file and granted. Motion carried.
73973 - Moved by Dowie, seconded by'Hutchison that the application of Sandra
Kay Warren, 3705 Cedar Knoll Circle, for taxicab driver's permit, be
received, placed on file and granted. Motion carried.
73974 - Moved by Getty, seconded by Bowers that Rubble Disposal Bond in the
amount of $1,000 for operation of a private land fill (dump) at
2957 Airline Hiway in Sec. 8 -89N -13W in accordance with the bond, be
received, placed on file, approved and permission granted. Motion
carried.
73975 - Moved by Dowie, seconded by Getty that Four-year Paving and Two-
year Sewers Maintenance Bond from Cedar Valley Corporation for F.Y.
1977 Paving Program, Contract No. 157, be received, placed on file,
accepted and City Attorney directed and authorized to execute same
in behalf of the City. Motion carried.
73976 - Moved by Dowie, seconded by Getty that report of City Attorney and
list of bonds filed with Clerk through 4/10/78, be received, placed
on file and report and bonds approved. Motion carried.
73977 - Moved by Getty, seconded by Dowie that the Council adjourn. Motion
carried.
Katherine Gibbs,
City Clerk
April 10, 1978