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HomeMy WebLinkAbout12/26/794 ' December 26, 1979 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 December 26, 1979. Mayor Rooff in the Chair. On roll call: Present: Wilharm, Roehr, Getty, Dowie, Burton, Bowers. Absent: Penaluna. Invocation by Councilman Getty. 77623 - Moved by Wilharm, seconded by Burton that the Agenda, as proposed, for the Regular Session of December 24, 1979 at 7:00 P.M., be accepted and approved. Motion carried. 77624 - Moved by Roehr, seconded by Dowie that the Minutes of the Regular Session held December 17, 1979 at 7:00 P.M., be approved. Motion carried. 77625 - Moved by Dowie, seconded by Bowers that proof of publication of notice of public hearing on proposal to dispose of approximately 1-1/2 acres in parts of Lots 1 and 2, and Lots 3, 4, 5, 6 and 7, and NWly-SEly vacated alley, all in Block 2, Riverside Addition, subject to easements, as published in Waterloo Courier on 12/14/79, to the highest bidder plus costs, be received and placed on file. Motion carried. 77626 - This beingthe time for hearing, the Mayor called for written and oral objections, and there were none. Moved by Roehr, seconded by Wilharm that communication from Plan and Program Commission reporting on appraisal of parcel of land bonded by Lafayette Street, Union Street, Sycamore Street and the Illinois Central Railroad comprising of 63,610 sq. ft. (1.46 acres), be received and placed on file. Motion carried. 77627 - City Clerk Gibbs reported a bid was submitted by Harold Andrews, 3346 Doral Drive, at 3:41 P.M. today, which was after the 12:00 noon deadline for receiving bids. Moved by Roehr, seconded by Bowers that the above bid be rejected and City Clerk instruct- ed to return same unopened to Harold Andrews. Motion carried. 77628 - Moved by Wilharm, seconded by Burton that the following bid, together with 10% deposit, be received, placed on file, Clerk instructed to open and read same, and referred to Plan and Program Commission for checking: Bid 10% Check Russell A. Folkers' $13,750.00 $1,375.00 80 West 18th St. Motion carried. 77629 - Asst. Plan and Program Director Temeyer reported the bid of Russ Folkers in the amount of $13,750 for approximately 1 1/2 acres in parts of Lots 1 and 2, and Lots 3, 4, 5, 6 and 7, and Nally-SEly vacated alley, all in Block 2, Riverside Addition, subject to ease- ments, was considerable below the $33,500 IPS 1974 appraisal, and which Mr. Guernsey said would still be the same. Mayor Rooff said he would verify and have it in writing. Moved by Roehr, seconded by Burton that the above report be received, placed on file and the bid of Russ Folkers in the amount of $13,750 rejected and City Clerk instructed to return said unsuccessful bid to Russ Folkers. Ayes: Six. Absent: Penaluna. Motion carried. 77630 - Moved by Roehr, seconded by Bowers that proof of publication of notice of public hearing to correct typographical error in the legal description in the sale and conveyance of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, Block 9, Auditor Rainbow's Plat of Maywood Second Filing to Dwayne R. R. Eilers, as published in Waterloo Courier on 12/14/79, be received and placed on file. Motion carried. 77631 - This being the time and place for hearing, the Mayor called for written and oral objec- tions, and there were none. Moved by Bowers, seconded by Roehr that "Resolution approving and authorizing the con- veyance of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, Block 4, Auditor Rainbow's Plat of Maywood Second Filing, as published in Waterloo Courier on 12/14/79, to Dwayne R. R. Eilers, and directing and authorizing the Mayor and Clerk to execute and deliver a deed accordingly" be adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 26694. 77632 - Council Member Roehr reported the City Engineer requested the acceptance of work by Cedar Falls Construction Co. Inc., for San Marnan Drive Paving, 1978, Contract No. 168. Moved by Roehr, seconded by Wilharm that "Resolution accepting work and ordering prepara- tion of final plat and schedule of assessments for San Marnan Drive Paving, 1978, Contract No. 168", be adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 26695. -L- 77633 - Moved by Roehr, seconded by Dowie that communication from Plan and Program Commission, transmitting request of F. R. Debe for Joe Minard Construction, Inc., for the City of Waterloo to grant said requestors a certain permanent easement on Fire Station property located on Ansborough Avenue and south of West -Ridgeway Avenue, for storm sewer purposes to serve eight-plexes north of Meadow Lane, be received, placed on file, and "Resolution fixing the date, time and place of hearing on proposal to convey an easement to Joe Minard Construction, Inc. for storm sewer purposes on Fire Station property at Ansborough Avenue and south of West Ridgeway Avenue", adopted and date of hearing set as January 14, 1980. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 26696. 77634 - Moved by Roehr, seconded by Getty that the offer of Urban Enterprises, Inc., 201 Lincoln Street, to purchase Disposal Parcel No. 40, 1100 Block East Fourth Street, in Logan Avenue Urban Renewal Area, Project No. Iowa R-2, for the sum of $4,200 for car wash purposes, and approval report of Community Development Board, be received, placed on file, "A resolution authorizing the sale of Disposal Parcel No. 40 in the Logan Avenue Urban Renewal Area, Project No. Iowa R-2", adopted, and hearing date set as February 4, 1980 at 7:00 P.M. in the Council Chambers in City Hall. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 26697. 77635 - Moved by Burton, seconded by Dowie that request of Central Management Corporation dba Long John Silver's for permission to construct a temporary concrete driveway on Dundee Avenue, 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 Central Manage- ment Corporation dba Long John Silver's and authorizing construction of a temporary con- crete driveway on Dundee Avenue, irrespective of a later official grade", adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 26698. 77636 Moved by Wilharm, seconded by Bowers that communication from Quintin T. Parker, Sign and Traffic Department, reporting on the feasibility of removing two double parking meters in the 200 block of West Fourth Street in front of Conway Civic Center near Jefferson Street, and have two lanes of traffic going southwest at this location, referred to him under Council Action #77594 of 12/17/79, and recommending the block be left as is, be received, placed on file, and recommendation accepted. Motion carried. 77637 - Moved by Getty, seconded by Roehr that two Tax Sale Deeds from Black Hawk County, Iowa, conveying unto the City of Waterloo, Iowa, Lot 5, Block 55, Riverview Addition, and por- tion of Section 1-89-13 in Unplatted Waterloo East, be received, placed on file and "Resolution approving and accepting two Tax Sale Deeds from Black Hawk County, Iowa, and directing the recording of same", adopted. Ayes: Six. Absent: Penaluna. Resolu- tion adopted and upon approval by Mayor, assigned No. 26699. 77638 - Moved by Roehr, seconded by Getty that communication from Plan and Program Commission, transmitting a revised site development plan for proposed parking and personnel entrance for Schoitz Memorial Hospital, and recommending approval, and on Council's own motion, be received, placed on file, approved and date of hearing set as January 14, 1980 at 7:00 P.M. in City Hall and Clerk instructed to publish notice. Motion carried. 77639 - Moved by Burton, seconded by Bowers that communication from Plan and Program Commission, transmitting proposed "An Ordinance granting permission to Schoitz Memorial Hospital to consturctand maintain a service tunnel below and across Ridgeway Avenue", as legally described in attached "Exhibit A", be received, placed on file and "Resolution fixing the date, time and place of hearing on proposal to adopt an ordinance granting permission to Schoitz Memorial Hospital to construct and maintain a service tunnel below and across Ridgeway Avenue", adopted, and date of hearing set as January 14, 1980. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 26700. 77640 - Moved by Bowers, seconded by Burton that "An Ordinance of th- City of Waterloo, Iowa, designated as the Uniform Building Code, 1979 Edition, as published in 1979 by The International Conference of Building Officials, which regulates the erection, construction enlargement, alteration, repair, moving, removal, demolition, conversion, occupance, equipment, use, height, area, and maintenance of all buildings and/or structures in the City of Waterloo, Iowa; providing for the issuance of permits and collection of fees therefor; repealing in its entirety Table No. 3-A, Building Permit Fees, of Chapter 3, and adopting in lieu thereof new Table No. 3-A, Building Permit Fees; Repealing Ordinances No. 2696 and Section 9-5 of Chapter 9 of the City of Waterloo, Iowa, and all other Ordinances and parts of Ordinances in conflict therewith", be received, placed on file, considered and passed for the third time. Ayes: Six. Absent: Penaluna. Motion carried. 77641 - Moved by Wilharm, seconded by Bowers that "Resolution fixing a date for public hearing on the adoption of "An Ordinance of the City of Waterloo, Iowa, designated as the Uniform Building Code, 1979 Edition, as published in 1979 by The International Conference of Building Officials", be ad—ted. Ayes: Six. Absent: Per-iuna. Resolution adopted and upon approval by Ma, ^ ;signed No. 26701. December 26, 1979 77642 - Mayor Rooff reported questions have been posed as to where property line will be and if Council might be vacating portion of David Street. Asst. City Atty. Griffin stated this action does not vacate any portion of David Street and a paragraph could be added to ordinance. Council Member Getty noted the possibility of 4.2' being out on David Street and having this done correctly. Discussion followed. Jon Fister, Atty. stated B. Schultz & Co. would give a quit claim deed for all of David Street north of railroad, as it was not its intent to acquire David Street, if there was a discrepency. Marion Hutchison opposed action being taken and asked for rejection and resubmission as description needed clarification. Mayor Rooff said the staff feels this is correct and by adding one paragraph there would be no question. Council Member Getty asked for a written opinion from City Attorney that the paragraph can be added to the ordinance on second reading. Moved by Wilharm, seconded by Dowie that "Ordinance vacating a portion of Litchfield Avenue", be received, placed on file, considered and passed for the second time with para- graph added that in no way does this vacate any portion of David Street. Ayes: Six. Absent: Penaluna. Motion carried. 77643 - Moved by Wilharm,seconded by Getty that communication from Katherine Gibbs reporting her retirement as City Clerk, effective 12/31/79, and entitlement to 960 hours sick leave and 160 hours vacation pay, be received, placed on file and "Resolution approving pay- ment of $11,513.60 sick leave and vacation pay to Katherine Gibbs, Retiree as City Clerk", adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 26702. 77644 - Moved by Burton, seconded by Dowie that "Resolution accepting work and ordering prepara- tion of final plat and schedule of assessments for F.Y. 1979 Paving Program No. 2, Contract No. 170", be adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 26703. 77645 - Moved by Dowie, seconded by Bowers that City Engineer's final plats, schedule of assess- ments, breakdown of project costs, etc. for F.Y. 1979 Paving Program No. 2, Contract No. 170, be received and placed on file. Motion carried. 77646 - Moved by Bowers, seconded by Burton that "Resolution adopting and levying final schedule of assessments, and providing for the payment thereof for F.Y. 1979 Paving Program No. 2, Contract No. 170", be adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 26704. 77647 - Moved by Bowers, seconded by Roehr that Claassen Engineering and Surveying be instructed to prepare specifications, plans, form of contract, estimated cost, etc. for 600 Block of North Barclay Sanitary Sewer Service Relocation, Contract No. 194. Motion carried. 77648 - Moved by Wilharm, seconded by Bowers that above necessary documents for Contract No. 194, be received, placed on file and "Resolution preliminarily approving specifications, plans, form of contract, estimated cost, etc. for 600 Block of North Barclay Sanitary Sewer Service Relocation, Contract No. 194", adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 26705. 77649 - Moved by Bowers, seconded by Dowie that Clerk be instructed to publish the notice of pub lic hearing on plans, specifications, etc. for 600 Block of North Barclay Sanitary Sewer Service Relocation, Contract No. 194, and taking of bids for the improvement, together with notice to bidders, with date set as January 14, 1980 at 7:00 P.M. Motion carried. 77650 - Moved by Roehr, seconded by Dowie that communication from Sign & Traffic Department, requesting permission to obtain bids for traffic paint and thinner for 1980, be received, placed on file and granted. Motion carried. 77651 - Moved by Wilharm, seconded by Bowers that the following applications for Beer Permits and Beer Liquor Licenses, be received, placed on file, approved and endorsed applications fotwarded to the Iowa Beer and Liquor Control Department: Beer Permit Applications Class C Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store A, 3808 University Ave. Quik Trip Corp. dba Quik Trip #512, 334 Ridgeway Beer Liquor License Applications Class C Rendell Walls dba The Living Room Lounge, 1428 E. 4th St. Richard T. Powers dba Dick Powers Yankee Kitchen, 2122 Kimball James C. McMahon dba Bimbo's, 227 Washington Sunday Sales - Beer Permit Applications - Class C December 26, 1979 -4- 77651 - (Continued) Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store X64, 3808 University Quik Trip Corp. dba Quik Trip 4512, 334 Ridgeway Sunday Sales - Beer Liquor License Application - Class C Rendell Walls dba The Living Room Lounge, 1428 E. 4th St. Motion carried. 77652 - Moved by Roehr, seconded by Bowers that application of James C. McMahon dba Bimbo's for permission to sell cigarettes at 227 Washington Street, be received, placed on file and approved. Motion carried. 77653 - Moved by Getty, seconded by Burton that application of Lloyd Duane Lumbus, 710 West 6th Street, for taxicab driver's permit, be received, placed on file and granted. Motion carried. 77654 - Moved by Getty, seconded by Dowie that report of City Attorney and list of bonds filed with Clerk through 12/24/79 be received, placed on file and report and bonds approved subject to City Attorney's approval. Motion carried. 77655 - Moved by Getty, seconded by Wilharm that the Council adjourn to meet as Board of Health. Motion carried. Katherine Gibbs, City Clerk The Council of City of Waterloo, Iowa, met as the Board of Health in Council Chambers in the City Hall at 7:40 P.M., on December 26, 1979. Mayor Rooff in the Chair. On roll call: Present: Wilharm, Roehr, Getty, Dowie, Burton, Bowers. Absent: Penaluna. Moved by Burton, seconded by Bowers that the following applications, together with bonds and fees, for City License to operate a Mobile Home Park at the locations designated, be received, placed on file and approved for issuance of City License: Woodland Terraces, 1906 Ark Avenue Eastgate Estates, 400 Idaho Street Golden Acre Retirement Village, 3729 Butternut Lane John J. Jorgensen dba Gas Light Mobile Home Villa 442, 3963 Airline Hiway Motion carried. There being no further business, it was moved by Bowers, seconded by Wilharm that the Board of Health adjourn. Motion carried. Katherine Gibbs, City Clerk