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HomeMy WebLinkAboutMinutes- 11/05/79M t_ r November 5, 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 November 5, 1979. Mayor Rooff in the Chair. On roll call: Pre- sent: Wilharm, Roehr, Penaluna, Dowie, Burton, Bowers. Absent: Getty. Invocation by Council- man Bowers. 77381 - Moved by Roehr, seconded by Burton that the Agenda, as amended, for the Regular Session of November 5, 1979 at 7:00 P.M., be accepted and approved. Motion carried. 77382 - Moved by Burton, seconded by Bowers that the Minutes of the Regular Session held October 22, 1979 at 7:00 P.M., be approved. Motion carried. 77383 - Moved by Dowie, seconded by Penaluna that proof of publication of Notice of Intention to issue Qualified Urban Renewal Area Revenue Bonds (M.P.H. Development Co. Job Services Project) (Not to Exceed $450,000), in the City of Waterloo, Iowa, as published in Water- loo Courier on 10/19/79, be received and placed on file. Motion carried. 77384 - This being the time and place specified in said notice for the conduct of a public hear- ing on the proposal to issue said bonds, the Mayor announced that any local resident attending the hearing would now be given an opportunity to express his views for or against the proposal to issue the bonds. After all local residents who appeared at the hearing, who desired to do so, had expressed their views for or against the proposal to issue the bonds, it was moved by Wilharm, seconded by Bowers that "Resolution deter- mining to proceed with the issuance of not to exceed $450,000 Qualified Urban Renewal Area Revenue Bonds, Series 1979 (M.P.H. Development Co. Job Services Project) of the City of Waterloo, Iowa", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26615. 77385 - Moved by Roehr, seconded by Dowie that proof of publication of notice of public hearing on proposal to vacate an 8' drainage and utility easement along west lot line of Lot 5, Regency Acres, as published in Waterloo Courier on 10/26/79, requested by Robert W. Braun, be received and placed on file. Motion carried. 77386 - This being the time and place for hearing, the Mayor called for written and oral objec- tions and there were none. Moved by Burton, seconded by Wilharm that "An Ordinance vacating an 8' drainage and utility easement along west lot line of Lot 5, Regency Acres", be received, placed on file, considered and passed for first time. Ayes: Six. Absent: Getty. Motion carried. 77387 - Moved by Burton, seconded by Dowie that rules requiring ordinancesto 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: Six. Absent: Getty. Motion carried. 77388 - Moved by Roehr, seconded by Bowers that "An Ordinance vacating an 8' drainage and utility easement along west lot line of Lot 5, Regency Acres", be adopted. Ayes: Six. Absent: Getty. Ordinance adopted and upon approval by Mayor, assigned No. 3060. 77389 - Moved by Wilharm, seconded by Burton that communication from Plan and Program Commis- sion requesting an additional drainage and utility easement known as west eigt feet of east sixteen feet to Lot 8, Regency Acres be dedicated, be received, placed on file, approved and accepted. Motion carried. 77390 - Moved by Bowers, seconded by Roehr that proof of publication of notice of public hearing on proposal to dispose of real property of approximately 0.3 acres of Water Works land within a tract in NE -4 of NE4 of Section 13 -88N -13W for relocation of Dysart Road near intersection with Shaulis Road, as published in Waterloo Courier on 10/19/79, to Iowa Department of Transportation, be received and placed on file. Motion carried. 77391 - 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 Burton that "Resolution authorizing the conveyance of approximately 0.3 acres of Water Works land within a tract in NEI -4 of NEI -4 of Section 13 -88N -13W to Iowa Department of Transportation for relocation of Dysart Road near intersection with Shaulis Road, and directing and authorizing the Mayor and City Clerk to execute and deliver a deed for said property", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26616. 77392 - Moved by Penaluna, seconded by Roehr that the recommendation of the Public Safety Committee, Finance Committee and Fire Chief, be received, placed on file and "Resolu- tion accepting the bid of Vehicle Sales and Service Company of Alexander, Iowa in the amount of $20,801.00 for one Ambulance for use by the Fire Department", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26617. -L- 77393 - Mayor Rooff welcomed Cub Scout Pack 29 from Castle Hill School. 77394 - Ann Jensen and Mary Ann Dorsey spoke representing CCI Trap complaining of unsafe housing and slum landlords not doing any repairs. They reviewed their past visits to the Coun- cil asking the City to enforce the Uniform Building Code 1503 and set up a revolving fund to help unsafe housing. Mayor reported that in July after some research, City Attorney Hultman stated there is nothing in the state code that says the City could legally set up this revolving fund, and the City Attorney told the CCI to get an Attorney General's opinion. CCI said on October 23, 1979 they received this opinion which stated the revolving fund is constitutional and enforceable, and asked the City to allocate these funds within 30 days. Mayor Rooff stated he hated slum landlords like a snake, but he could give no answer on this till he heard from the City Attorney Hultman with reasonable time for him to study this. Moved by Roehr, seconded by Dowie that above presentation be received, and placed on file. Motion carried. 77395 - Larry Thompson, President of Waterloo Police Protective Association spoke on the pro- motion list for the Waterloo Police Department, that was brought to Council and approved on June 16, 1978. The validity of this list was then challenged by members of the Waterloo Police Department on the grounds that the testing procedure itself was in vio- lation of Civil Service Law. They then took this case to court, and the court ruled that the promotion list was invalid, but let the five promotions stand. Waterloo Police Protective Association request the Council rescind their approval of the five promotions and ask for them to be returned to their former ranks. Moved by Roehr, seconded by Wilharm that their request be referred to the Civil Service Commission, Personnel Director, Public Safety Committee and the Mayor to review. Motion carried. 77396 - Ida Tillman, 328 Anthony Street requested her street be sweeped. There are large amounts of glass and debris that should be cleaned up. 77397 - Resident of Clearview and Nicholas Streets complained of weeds, and limbs that should be cut down for safety of children. 77398 - Marion Hutchison, 1241 Ackermant requested the Council delay setting a date for public hearing until the new City Zoning Ordinance is adopted. He said he would abandon any opposition to this sale of a portion of Litchfield Avenue if the land is zoned indus- trial, but would protest this if residential area. Plan and Program Director Franke said he would get a written report on this area; past zoning, whats going on there now, etc. so the Councilmen would have a better idea as to whether this property would have a change in zoning. 77399 -,'Moved by Roehr, seconded by Wilharm that request of Jon Fister, Atty. for B. Schultz and Company and the Lloyd Kreger Estate for vacation, sale and conveyance of a portion of Litchfield Avenue for $1,585.72 plus costs, and Plan and Program Commission's recommendation for approval, with City's retention of utility easement, be received, placed on file, and "Resolution fixing the time and place of hearing as November 19, 1979 on proposal to vacate, sell and convey a portion of Litchfield Avenue to B. Schultz and Company and the Lloyd Kreger Estate", adopted and Clerk instructed to publish notice of hearing. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26618. 77400 - Moved by Dowie, seconded by Burton that communication from Plan and Program Commission recommending vacation of 10 foot alley lying west of and adjacent to Lots 1 - 14, Block 4, Prospect Heights and sale and conveyance of 10 foot alley lying west of and adjacent to Lots 13 - 14, Block 4, Prospect Heights, to Garry Donald and/or Sandra Rae Stuber for the sum of $87.50 plus costs, be received, placed on file, and "Resolution fixing the time and place of hearing as November 19, 1979 on proposal to vacate certain real pro- perty and sell and convey a portion to Garry Donald and/or Sandra Rae Stuber", adopted and Clerk instructed to publish notice of hearing. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26619. 77401 - Moved by Bowers, seconded by Penaluna that request of John M. Warren for permission to construct onetemporary concrete driveway at 504 Russell Road, without regard to side- walk 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 John M. Warren and authorizing construc- November 5, 1979 ^< il 9 77401 - (Continued) tion of a temporary concrete driveway at 504 Russell Road, irrespective of a later official grade", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26620. 77402 - Moved by Bowers, seconded by Penaluna that request of M. Kalim Siddiqui for permission to construct one temporary concrete driveway at 310 South Hackett Road, without regard to sidewalk grade, together with $3.00 for recording waiver, and City Engineer's recom- mendation for approval subject to the provisions of his letter, be received, placed on file, approved and "Resolution granting permission to M. Kalim Siddiqui and authorizing construction of a temporary concrete driveway at 310 South Hackett Road, irrespective of a later official grade", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26621. 77403 - Moved by Bowers, seconded by Penaluna that request of Reece A. Miller for permission to construct one temporary concrete driveway at 2100 West 7th Street, without regard to sidewalk grade, together with $3.00 for recording waiver, and City Engineer's recom- mendation for approval subject to the provisions of his letter, be received, placed on file, approved and "Resolution granting permission to Reece A. Miller and authorizing construction of a temporary concrete driveway at 2100 West 7th Street, irrespective of a later official grade", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26622. 77404 - Moved by Bowers, seconded by Penaluna that request of Stephen R. Price for permission to construct one temporary asphalt driveway at 4155 Suburban Drive, without regard to sidewalk grade, together with $3.00 for recording waiver, and City Engineer's recom- mendation for approval subject to the provisions of his letter, be received, placed on file, approved and "Resolution granting permission to Stephen R. Price and authorizing construction of a temporary asphalt driveway at 4155 Suburban Drive, irrespective of a later official grade", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26623. 77405 - Moved by Bowers, seconded by Penaluna that request of Prince Hall Affiliated Building Corp. for permission to construct one temporary concrete driveway at 820 Newell Street, 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 re- ceived, placed on file, approved and "Resolution granting permission to Prince Hall Affiliated Building Corp. and authorizing construction of a temporary concrete driveway at 820 Newell Street, irrespective of a later official grade", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26624. 77406 - Moved by Bowers, seconded by Penaluna that request of Oliver Hippen for permission to construct one temporary concrete driveway at 411 West Dale Street, without regard to sidewalk grade, together with $3.00 for recording waiver, and City Engineer's recom- mendation for approval subject to the provisions of his letter, be received, placed on file, approved and "Resolution granting permission to Oliver Hippen and authorizing construction of a temporary concrete driveway at 411 West Dale Street, irrespective of a later official grade", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26625. 77407 - Moved by Wilharm, seconded by Dowie that City Treasurer's Statement for October, 1979, showing Balance on Hand 10/1/79 $17,143,596.42, + Receipts - Taxes $3,397,458.92, + Receipts - City Clerk $348,798.06, + Receipts - City Treasurer $1,755,852.60, + Receipts - Transfers $133,066.00, - Disbursements $3,791,774.77, Balance on Hand 10/31/79 $18,986,997.23, be received, placed on file and approved. Motion carried. 77408 - Under Council Action #77340 of 10/22/79, a petition from Tom Barbatti, 735 Wildwood Road, et al, for prevention of Quik Trip store or any similar business to open on south- west corner of intersection of Hammond Avenue and Wildwood Road, was filed. Mayor Rooff reported this is appropriatly zoned "C-1" and there is nothing the City can do to stop this. Franke said the people are now discussing it with the Quik Trip Corporation. Moved by Bowers, seconded by Roehr that the report of Mayor Rooff, and Plan and Program Director Franke, be received, placed on file and Mayor Rooff will contact Mr. Barbatti. Motion carried. 77409 - Moved by Dowie, seconded by Bowers that Contract, Bond and Certificate of Insurance for Contract No. 192, be received, placed on file and "Resolution approving Contract and Bond of Lehman Trucking & Excavating, Inc. for Sans Souci Drive Sanitary Sewer Pro- gram, Contract No. 192, in the amount of $72,284.00", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26626. November 5, 1979 -4- 77410 - Moved by Roehr, seconded by Penaluna that construction plans for storm sewer and paving facilities serving Camelot Court and Sears Street, as submitted by Schenk Engineering Company, and City Engineer's recommendaiton for approval, be received, placed on file and approved. Motion carried. 77411 - Moved by Burton, seconded by Bowers that construction plans for sanitary sewerage facil- ities serving Bronson First Addition together with Sewage Treatment Agreement form C 9/75 for the Department of Environmental Quality and City Engineer's recommendation for approval subject to final acceptance of plans being reviewed and accepted by DEQ, be received, placed on file, recommendations approved, and Mayor and Clerk authorized to execute said Agreement Form. Motion carried. 77412 - Moved by Bowers, seconded by Dowie that Change Order No. 1 for Contract No. 166 -- Sec- tion II, of the F.Y. 1979 Paving Program for additional work by Irving F. Jensen Company, Inc., at an additional cost of $41,074.72, and City Engineer's recommendation for approval, be received, placed on file, approved and Mayor and Clerk authorized to exe- cute same. Ayes: Six. Absent: Getty. Motion carried. 77413 - Moved by Penaluna, seconded by Wilharm that Change Order No. 4 for Dry Run Creek Flood Control Works -- Bontrager Park Area, Contract No. 99C, for additonal work by Peterson Contractors, Inc., at an additional cost of $1,248.00, and City Engineer's recommenda- tion for approval, be received, placed on file, approved and Mayor and Clerk authorized to execute same. Ayes: Six. Absent: Getty. Motion carried. 77414 - Moved by Roehr, seconded by Penaluna that Change Order No. 6 (Blanket) for West Ridge- way Avenue Grading & P.C.C. Paving, Contract No. 165, for additional work by Irving F. Jensen Company, Inc., at an additional cost of $58,594.00, and City Engineer's recom- mendation for approval, be received, placed on file, approved and Mayor and Clerk author- ized to execute same. Ayes: Six. Absent: Getty. Motion carried. 77415 - Moved by Bowers, seconded by Burton that Construction Permit Nos. 80-49-S & 80-45-W for Sanitary Sewer and Main Extensions Minard Multi -Family Complex - Section 4-88-13, from Iowa Department of Environmental Quality, subject to certain conditions and re- quirements, be received and placed on file. Motion carried. 77416 - Moved by Roehr, seconded by Dowie that "Resolution by the City Council of the City of Waterloo, Iowa as Waterloo Housing Authority, granting approval to remove certain delin- quent and uncollectable rental accounts from the rental register of the Leased Housing Program, Project No. IA -50- 1 & 2", be adopted. Ayes: Five. Nay: Burton. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26627. 77417 - Moved by Burton, seconded by Dowie that statement for professional services in con- nection with the "Traffic Safety Study of 30 Intersections", Booker Project No. E-1707, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting the statement dated 9/11/79 from Booker Associates, Inc. for professional services in connection with the "Traffic Safety Study of 30 Intersections", Booker Project No. E-1707, and authorizing payment accordingly", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26628. 77418 - Moved by Bowers, seconded by Dowie that statement for engineering services for Contract No. 192, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting the statement dated 10/22/79 from Wayne Claassen Engineering and Surveying, Inc. for engineering services for Sans Souci Drive Sanitary Sewer Project, Contract No. 192, and authorizing payment accordingly", adopted. Ayes: Five. Absent: Getty. Penaluna declined to vote by reason of possible conflict of interest under Section 362.6 of Code of Iowa. Resolution adopted and upon approval by Mayor, assigned No. 26629. 77419 - Assistant City Attorney Vic Kennedy question if Andrid Olson is still a City employee, should he be receiving sick leave and vacation pay from his previous position? He is leaving Sign and Traffic Maintenance Department to be a Fireman. Moved by Wilharm, seconded by Dowie that communication from Sign and Traffic Maintenance Department reporting termination of Andrid Olson as of November 2, 1979, and entitlement to 25 days sick leave and 106 hours vacation pay, be received, placed on file and action deferred for two weeks. Motion carried. 77420 - Moved by Burton, seconded by Penaluna that communication from Fire Chief, requesting Council approval of the following five appointments to the Waterloo Fire Department, effective November 59 1979, be received, placed on file and approved. Motion carried. Michael D. Fristo Andrid M. Olson Stephen L. Welliver John R. Frost John T. Powers 77421 - Moved sion, withi nby Roehr, seconded by Penaluna that communication from Plan and Program Commis - transmitting City-Q.%gineer's request for naming thy -following private streets the City of Wate jo, together with maps, and rec .lending approval, be received, November 5, 1979 IL IN,. -5- 77421 - (Continued) placed on file, approved and City Attorney instructed to submit an ordinance accord- ingly: A - Street - First Street west of B -Street from East Donald Street, south; B - Street - First Street west of Elk Run Road, from East Donald Street, south; Bristol Road - First Street south of Ellington Street from Diamond Drive to Dalton Drive; C - Street - First Street west of Elk Run Road, from Newell Street, north; Cameron Lane - First Street east of Diamond Drive, from Bristol Road, south; Candle Street - First Street east of Diamond Drive, from Bristol Road, north; D - Street - First Street west of E -Street, from F -Street to C -Street; Dalton Drive - First Street southwest of LaPorte Road, from Quigby Road to Bristol Road; Diammnd Drive - First Street west of Cameron Lane, from Bristol Road to Kipling Road; E - Street - First Street northwest of G -Street, from F -Street to D -Street; Ellington Street - First Street south of Kipling Road, from Diamond Drive to Dalton Street; F - Street - First Street southwest of H -Street, from G -Street, northwest; G - Street - First Street southeast of E -Street from H -Street to C -Street; Georgetown Drive - First Street south of Kingswood Place running from West Fourth Street northwesterly to Kingswood Place; H - Street - First Street northeast of F -Street, from C -Street north; Harmony Place - First Street west of Fostoria Drive west approximately 75 feet and thence north approximately 300 feet; Kipling Road - First Street north of Ellington Street, from Diamond Drive to Dalton Drive; Lantern Square - First Street east of Ansborough Avenue, from Meadow Lane, south; Navajo Lane - First Street east of Cameron Lane, from Bristol Road, south; Quail Place - First Street south of Kingswood Place from West Fourth Street west; Quigby Road - First Street north of Kipling Road, from Candle Street to Dalton Drive; Village Place - First Street west of West Ninth Street, from Southbrook Drive, north. Motion carried. 77422 - Moved by Penaluna,seconded by Burton that Brice, Petrides and Associates, Inc., Engin- eers, be instructed to prepare specifications, plans, form of contract, estimated cost, etc. for Repairs to the Slope Protection Pavement for the Mullan Avenue Bridge, Contract No. 15. Motion carried. 77423 - Moved by Dowie, seconded by Bowers that the above necessary documents, etc. for Contract No. 15, be received, placed on file and "Resolution preliminarily approving specifica- tions, plans, form of contract, estimated cost, etc. for Repairs to the Slope Protec- tion Pavement for the Mullan Avenue Bridge, Contract No. 15", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26630. 77424 - Moved by Bowers, seconded by Dowie that Clerk be instructed to publish the notice of public hearing on plans, specifications, etc. for Repairs to the Slope Protection Pave- ment for the Mullan Avenue Bridge, Contract No. 15, and taking of bids for the improve- ment, with date set as November 19, 1979 at 7:00 P.M. Motion carried. 77425 - Moved by Burton, seconded by Bowers that following request for permission to attend functions, with expenses allowed not to exceed amounts shown, be received, placed on file and approved: Director of Personnel to Municipal Employment Relations Council of League of Iowa Municipalities, Des Moines, Iowa, November 8 - 9, 1979, $49.00; Detective Sergeant to Statewide Comprehensive Crime Prevention Training, Des Moines, Iowa, November 6 - 9, 1979, $121.00 plus use of city vehicle; Director of Water Pollution Control Plant to Industrial Waste Institute, Madison, Wis- consin, November 25 - 27, 1979, $352.50 plus use of city vehicle; Planning Director to meet with Communication Network Systems of Minneapolis, Minneapolis, Minnesota, around November 14, 1979, $136.00. Ayes: Six. Absent: Getty. Motion carried. 77426 - Moved by Bowers, seconded by Roehr that communication from Police Chief, requesting the Class "C" Beer Permit and Class "C" Sunday Beer Permit of James A. Woods dba West Side Grocery, 923 West Third Street, be suspended for a period of fourteen days for viola- tion of Section 123.49, 2-h. of the 1979 Code of Iowa, sale of alcoholic beverages to a minor, be received, placed on file, request approved and said Beer Permits suspended for a period of fourteen days as set out in Chapter 123.50, Subsection 3 of the 1979 Code of Iowa, and City Attorney to notify by hand -delivered mail. Ayes: Five. Nay: Wilharm. Absent: Getty. Motion carried. 77427 - Moved by Roehr, seconded by Wilharm 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: November 5, 1979 I mo 77427 - (Continued) Beer Permit Applications Class B Juan V. Tobar dba E1 Charro, 302 West 4th Street East Moline Pizza Hut, Inc., dba Pizza Hut, 714 LaPorte Road East Moline Pizza Hut, Inc., dba Pizza Hut, 1130 Ansborough Avenue Rigel, Ltd. dba Godfathers Pizza, 3811 University Avenue Class C Quik Trip Corporation dba Quik Trip X6532, 1104 Washington Avenue Beer Liquor License Applications Class A The Supervisors Club, Inc., 3265 DeWitt Road Sunday Sales - Beer Permit Applications - Class B Juan V. Tobar dba E1 Charro, 302 West 4th Street East Moline Pizza Hut, Inc., dba Pizza Hut, 714 LaPorte Road East Moline Pizza Hut, Inc., dba Pizza Hut, 1130 Ansborough Avenue Rigel, Ltd. dba Godfathers Pizza, 3811 University Avenue Motion carried. 77428 - Moved by Bowers, seconded by Burton that application of Cheryl Jones, 1016 Campbell Avenue, for Ambulance Driver, Attendant, and Attendant Driver Permit, be received, placed on file and granted. Motion carried. 77429 - Moved by Wilharm, seconded by Roehr that application of Mary T. Woods dba Emporium for cigarette permit at 1427 Jefferson Street, be received, placed on file and granted. Motion carried. 77430 - Moved by Bowers, seconded by Dowie that report of City Attorney and list of bonds filed with Clerk through 11/5/79 be received, placed on file and report and bonds approved. Motion carried. 77431 - Mayor Rooff reminded everyone that City employees will observe Veterans Day on Monday, November 12, 1979, and the City Council Meeting will be held on Tuesday, November 13, 1979 at 7:00 P.M. He also mentioned tomorrow November 6, 1979 is Election Day and urged all to go out and 'vote. 77432 - Moved by Bowers, seconded by Dowie that the Council adjourn. Motion carried. November 5, 1979 d Jolene DeLorbe Deputy Clerk