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HomeMy WebLinkAboutMinutes- 10/08/1979October 8, 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 October 8, 1979. Mayor Rooff in the Chair. On roll call: Pre- sent: Wilharm, Roehr, Penaluna, Dowie, Burton, Bowers. Absent: Getty. Invocation by Councilman Wilharm. 77226 - Moved by Dowie, seconded by Bowers that the Agenda, as amended, for the Regular Session of October 8, 1979 at 7:00 P.M., be accepted and approved. Motion carried. 77227 - Moved by Roehr, seconded by Wilharn that the Minutes of the Regular Session held Octo- ber 1, 1979 at 7:00 P.M., be approved. Motion carried. 77228 - Moved by Wilharm, seconded by Burton that communication from City Engineer recommending acceptance of low bid of U and I Construction Co. Inc., Waterloo, Iowa, for Sidewalk Contract No. 46, be received, placed on file and "Resolution accepting the bid of U and I Construction Co.,Inc. in the amount of $13,773.09 for F.Y. 1980 Sidewalk Program, Contract No. 46", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26563. 77229 - Moved by Roehr, seconded by Dowie that Contract, Bond and Certificate of Insurance for Contract No. 46 in the amount of $13,773.09, be received, placed on file and "Resolu- tion approving Contract and Bond of U and I Construction Co., Inc., Waterloo, Iowa, for F.Y. 1980 Sidewalk Program, Contract No. 46", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26564. 77230 - Dr. Hunt for M.P.H. Development Co. asked for the Memorandum of Agreement in connection with issuance of Not to Exceed $450,000 Qualified Urban Renewal Area Revenue Bonds for acquisition, improvement and equipment of certain real property purposes to be approved, and requested a date be set for public hearing on the issuance. Moved by Dowie, seconded by Penaluna that the above requests and Memorandum of Agree- ment, be received, placed on file and "Resolution Authorizing the Execution of a Mem- orandum of Agreement by and between the City of Waterloo, Iowa and M.P.H. Development Co. regarding the issuance of Qualified Urban Renewal Area Revenue Bonds", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26565. 77231 - Moved by Dowie,.seconded by Penaluna that "Resolution fixing a date for hearing on proposed Qualified Urban Renewal Area Revenue Bonds, Series 1979 (M.P.H. Development Co. -Not to Exceed $450,000)", be adopted, and date of hearing set as November 5, 1979 at 7:00 P.M. in the Council Chambers in City Hall. Ayes: Six. Absent- Getty. Resolution adopted and upon approval of Mayor, assigned No. 26566. 77232 - Leon Lysen, 2869 Logan Avenue, reported FHA requirements called for grading around the foundation of the building, he has been bringing in fill materials, which would be bulldozed level on Saturday, and,he did not feel he should have to file a rubble bond as requested by Sanitation Department. A discussion followed and it was left that if he leveled off and graded on Saturday, a rubble bond would not be required, otherwise it would be necessary to submit same for approval. 77233 - Bob Bedard, 1938 Franklin Street, asked what was taking place on the culvert as it was dug up and then now half filled up. Mayor Rooff said he would get with the Street Department. 77234 - Richard McCalley, 1317 Hawthorne Avenue, stated for three years he has been trying to get arrows painted at West Ninth and Washington Streets for turning purposes. Dis- cussed were heavy flow of traffic, two lanes merging to narrowstreet, and this location to be in street study. Moved by Wilharm, seconded by Roehr that above presentation, be received, placed on file and referred to Quintin Parker for checking. Motion carried. 77235 - A citizen reported danger to children walking in streets to school in St. Francis Hospital area. Discussed was deletion of sidewalks from assessed program due to pro- perty owners' objections; search block grant funds as safety was involved: underwrit- ing sidewalks by City; contacting school administration. Moved by Dowie, seconded by Burton that communication from City Engineer, transmitting petition of Diana Kamienski, 815 Nancy Road, et al, for sidewalk on Park Lane from Hillcrest Road to West Ninth Street, representing 3.13% of affected property owners, be received, placed on file and referred to Mayor and Plan and Program Commission to search for funds. Motion carried. -2- 77236 - Mayor Rooff explained the Mayor's Safety Committee was a cross section of citizens concerned with all phases of safety; on assessed sidewalk programs, the majority rules; the City may be able to allocate money for safety reasons, but this was not a budgeted item. Bill O'Connor stated he would no longer serve on Mayor's Safety Committee as he did not agree with west side being too affluent for block grant funds; he has tried many times for sidewalk on Ridgeway Avenue from Hammond Avenue to West 11th Street; he had been told a push button stop sign would be installed at Westridge School and has not happened; he could not see sidewalk on West Burton Avenue when Van Eaton School was being closed; and the Mayor and Council never listen to the Committee by supporting its recommendations. A heated discussion followed. Moved by Roehr, seconded by Dowie that the above presentations, be received and placed on file. Motion carried. 77237 - Moved by Burton, seconded by Penaluna that request of Cardinal Construction Company for Trinity Episcopal Church, 4425 Kimball Avenue, for permission to construct one 20' commercial curb cut on Kimball Avenue, as shown on attached plat, and City Engineer's recommendations for approval subject to the provisions of his letter, be received, placed on file, recommendations approved and permission granted in accordance there- with. Motion carried. 77238 - Moved by Dowie, seconded by Bowers that request of Virginia R. Hunt for permission to construct a temporary asphalt driveway at 304 Candlewick Road without regard to side- walk grade, together with $3.00 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 Virginia R. Hunt and authorizing construction of a temporary asphalt driveway at 304 Candlewick Road, irrespective of a later official grade", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26567. 77239 - Moved by Roehr, seconded by Wilharm that communication from City Engineer, advising improvements required as a condition precedent to the final approval of Southridge Fifth Addition, have been completed in substantial conformance with construction plans, standards and requirements of his office, submitting four-year street improvements and two-year sewer improvements maintenance bonds, and recommending acceptance, be received, placed on file, approved and accepted with effective dates of said bonds being that of final approval. Motion carried. 77240 - Moved by Wilharm, seconded by Dowie that Finance Director's Statement for September, 1979, showing Fund Balance 9/1/79 $15,946,005.61, + Receipts $3,827,948.65, - Bill Payments $1,730,103.65, - Payrolls $861,815.58, - Transfers $279,167.98, - Commissions $581,838.41, Fund Balance 9/30/79, $16,321,028.64, be received, placed on file and approved. Motion carried. 77241 - Moved by Penaluna, seconded by Roehr that City Treasurer's Statement for September, 1979, showing Balance on Hand 9/1/79 $16,415,670.03, + Receipts, Taxes $168,549.50, + Receipts, City Clerk $304,573.31, + Receipts, City Treasurer $3,075,657.86, + Receipts, Transfers $279,167.98, - Disbursements $3,100,022.26, Balance on Hand 9/30/79 $17,143,596.42, be received, placed on file and approved. Motion carried. 77242 - Under Council Action #77199 of 10/1/79, action was deferred on Nancy Schlachter, 1222 Leavitt Street, report of paying double garbage fees. Moved by Wilharm, seconded by None that action be deferred until October 15, 1979. Died for lack of second. 77243 - Moved by Burton, seconded by Wilharm that request of Nancy Schlachter, 1222 Leavitt Street, be denied until she'can establish the residency and referred to Waterworks Department. Motion carried. 77244 - Moved by Bowers, seconded by Wilharm that Final Plat of Hammond Hills Sixth Addition, Engineer's Certificate of Survey, Deed of Dedications, Contract and Waivers, Report of City Engineer, Plan and Program Commission's resolution of approval and recommendation for Council approval, be received, placed on file and "Resolution approving the Final Plat of Hammond Hills Sixth Addition, Waterloo, Black Hawk County, Iowa", adopted and Mayor and Clerk directed and authorized to execute said Contract. Ayes: Six. Ab- sent Getty. Resolution adopted and upon approval by Mayor, assigned No. 26568. 77245 - Moved by Roehr, seconded by Dowie that Change Order No. 7 for F.Y. 1979 Paving Program No. 2, Contract No 170, for correction of existing deficiencies at an additional cost of $40,024.90, and City Engineer's recommendation for approval, be received, placed on file, approved, and Mayor and Clerk authorized to execute same. Ayes: Six. Absent: Getty. MotioAscarried. +s. A October 8, 1979 -3- 77246 - Moved by Dowie, seconded by Penaluna that Construction Permit Nos. 80-3-5 and 80-2-W for Sanitary Sewer and Water Main Extension for Hammond Hills Sixth Addition, from Iowa Department of Environmental Quality, subject to certain conditions and require- ments, be received, placed on file and approved. Motion carried. 77247 - Jim DeKoster, Atty. for Donald and Betty Myers, 503 Belle Street, objected to condi- tional zoning of 427 Belle Street requested by Roger and Janice Kalsem for preschool purposes, and presented an objection petition. A discussion followed. Moved by Wilharm, seconded by Bowers that "An Ordinance amending Ordinance No 2479, as amended, by adding Sub -Section No. 164 to Section 2A-5, conditional zoning certain property", be received, placed on file, considered and passed for the third time and now placed on its final adoption. Ayes: Five. Nay: Roehr. Absent: Getty. Motion carried. 77248 - Moved by Penaluna, seconded by Bowers that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 164 to Section 2A-5, conditional zoning certain property", be adopted. Ayes: Five. Nay: Roehr. Absent: Getty. Motion not carried. 77249 - Moved by Roehr, seconded by Burton that "An Ordinance establishing grades for Plymouth Avenue from LaPorte Road east two hundred sixty-four feet", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Getty. Motion carried. 77250 - Moved by Burton, seconded by Penaluna that rules requiring ordinances to be considered and voted on for passage at two prior meetings, be suspended, the above ordinance re- corded 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. 77251 - Moved by Burton, seconded by Roehr that "An Ordinance establishing grades for Plymouth Avenue from LaPorte Road east two hundred sixty-four feet", be adopted. Ayes: Six. Absent: Getty. Ordinance adopted and upon approval by Mayor, assigned No. 3053. 77252 - Moved by Wilharm, seconded by Roehr that "An Ordinance amending Ordinance No. 2644, known as the Traffic Ordinance, by adding Section 352, "City Lots A, B, C, and D Parking", thereto", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Getty. Motion carried. 77253 - Moved by Burton, seconded by Bowers 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: Six. Absent: Getty. Motion carried. 77254 - Moved by Bowers, seconded by Dowie that "An Ordinance amending Ordinance No. 2644, known as the Traffic Ordinance, by adding Section 352, "City Lots A, B, C, and D Parking", thereto", be adopted. Ayes: Six. Absent: Getty. Ordinance adopted and upon approval by Mayor, assigned No. 3054. 77255 - Moved by Roehr, seconded by Burton that "An Ordinance amending Chapter 33, Streets and Sidewalks, of the Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 33-10, Curb Cuts, in its entirety, and enacting in lieu thereof a new Section 33-10, Curb Cuts", be received, placed on file, considered and passed for first time. Ayes: Six. Absent: Getty. Motion carried. 77256 - The tenant rental formula was reviewed. Moved by Dowie, seconded by Penaluna that "Resolution by the City Council of the City of Waterloo, Iowa, as Waterloo Housing Authority, adopting a new schedule of tenant income limits for admission to its elderly public housing project Ridgeway Towers, IA -50-3", be adopted. Ayes: Five. Nay: Wilharm. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26569. 77257 - Moved by Roehr, seconded by Dowie that "Resolution authorizing execution of Annual Contributions Contract between the City of Waterloo and the Department of Housing and Urban Development for administration of the on-going Section 8 Existing Housing Pro- gram in Waterloo", be adopted. Ayes: Five. Nay: Wilharm. Absent: Getty. Resolu- tion adopted and upon approval by Mayor, assigned No. 26570. 77258 - Moved by Dowie, seconded by Burton that statement for laboratory services for Contract No. 99C, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting the statement dated 8/27/79 from Twin City Testing and Engineering Laboratory, Inc. for Bontrager Park Flood Control Project, Contract No. 99C, and authorizing payment accordingly", adopted. Ayes: Six. Ab- sent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26571. 77259 - Moved by Bowers, seconded by Burton that statement for laboratory services for Con - October 8, 1979 -4- 77259 - (Continued) tract No. 165, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting the statement dated 9/7/79 from Twin City Testing and Engineering Laboratory, Inc. for West Ridgeway Avenue Street Project, Phase II, Contract No. 165, and authorizing paytient accordingly", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26572. 77260 - Moved by Burton, seconded by Roehr that statement for engineering services for Contract No. 166, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting the statement dated 10/1/79 from Schenk Engineering Company for F.Y. 1979 Paving Program I, Contract No. 166, and authorizing payment accordingly", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26573. 77261 - Moved by Dowie, seconded by Bowers that statement for engineering services for Contract No. 168, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting the statement dated 8/31/79 from Wayne Claassen Engineering & Surveying, Inc., for East San Marnan Drive Paving & Incidentals, Con- tract No. 168, and authorizing payment accordingly", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26574. 77262 - Moved by Burton, seconded by Dowie that statement for engineering services for Contract No. 170, and City Engineer's recommendation for approval, be received placed on file and "Resolution approving and accepting the statement dated 10/1/79 from Schenk Engineering Company, for F.Y. 1979 Paving Program No. II, Contract No. 170, and author- izing payment accordingly", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26575. 77263 - Moved by Dowie, seconded by Wilharm that "Resolution, Bills, Schedule A", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26576. 77264 - Moved by Dowie, seconded by Wilharm that "Resolution, Schedule B", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26577. 77265 - Moved by Dowie, seconded by Burton that communication from Plan and Program Director reporting potential settlement with M and K Enterprises for vacation of easement in Section 2 -88N -13W near Highway 412 and LaPorte Road area (Ardan's Building), denied by Council Action 477125 of 9/24/79, by shifting flowage easement five feet and pay- ment to the City of $1,500 consideration for easement transfer,be received, and placed on file. Motion carried. 77266 - Plan and Program Director Franke stated the $1,500 consideration was for ignoring code and does not -reflect cost of land. Moved by Burton, seconded by Dowie that "Resolution rescinding Council Action 4477125 of September 24, 1979, denying vacation of easement in Section 2 -88N -13W", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26578. 77267 - Jim Yagla, Atty. for M & K Enterprises, reported the money has been submitted to City and if proposal is accepted, they will give new easement 5' to the north. Moved by Roehr, seconded by Bowers that "Resolution fixing the time and place of hear- ing and notice to be given on vacation of certain easement in NE Fractional 14 of Section 2 -88N -13W near corner of Highway 412 and LaPorte Road area, as October 22, 1979 at 7:00 P.M. in the Council Chambers in City Ball and Clerk to publish notice of hear- ing", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval of Mayor, assigned No. 26579. 77268 - Moved by Burton, seconded by Dowie that communication from Waterloo Water Works Board, transmitting proposed Calendar 1980 Budget for twelve months of 1/1/80 thru 12/31/80, be received, placed on file, and the Council having duly considered said Budget and being fully advised, finds that hearing date should be fixed and does hereby set October 22, 1979 at 7:00 P.M. in the Council Chambers, City Hall in said City, as the date, time and place for said hearing, and the City Clerk is hereby instructed to pub- lish the estimate and notice of hearing, which is worded and figures as follows: (See attached page #5) Ayes: Six. Absent: Getty. 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Ayes: Six. Absent: Getty. Motion carried. 77270 - Personnel Director Mogle pointed out that CETA pays vacation and City pays sick leave. Moved by Roehr, seconded by Bowers that communication from Director of Parks, reporting termination of three CETA employees, effective 9/27/79, and entitlement to sick leave and vacation pay, be received, placed on file and "Resolution approving payment of $1,765.40 to William Bisdorf, $308.18 to DeWayne Swanger, and $300.84 to George Zingg, sick leave and vacation pay, of Parks Department", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26580. 77271 - Moved by Burton, seconded by Roehr that communication from Electrical Inspector, recom- mending installation of one 175 Watt White Mercury Vapor street light at following locations, be received, placed on file, and action deferred to October 15, 1979. 1 - Intersection of Niagra Drive and Grand Avenue 1 - At the lot line of 214 Niagra Drive 1 - At the lot line of 138 Niagra Drive 1 - At the intersection of 100 East San Marnan Drive 1 - Midway on East San Marnan Drive between Southbrooke and West Ninth Street 1 - At the intersection of St. Francis Drive and East San Marnan Drive 1 - At the intersection of East San Marnan Drive and Tami Place. Motion carried. 77272 - Moved by Dowie, seconded by Bowers that following requests for permission to attend functions, with expenses allowed not to exceed amounts shown, be received, placed on file and approved: Two Asst. City Attorneys to National Organization of Municipal Law Officers' Con- ference, Los Angeles, Calif., November 10 thru 14, 1979, $1,163.00; Asst, Chief of police to Seminar on Grievance Handling, Iowa City, Iowa, October 15 thru 17, 1979, $72.78 plus use of City car; City Clerk, and Finance Director/Treasurer to Iowa Municipal Finance Officers Associa- tion Semi -Annual Meeting, October 17 thru 19, 1979, $186.30 each personnel Director to Iowa Municipal Finance Officers Association Semi -Annual meeting October 18 and 19, 1979, $89.60. Ayes: Six. Absent: Getty. Motion carried. 77273 - Moved by Wilharm,seconded by Roehr that following applications for Beer Permits, be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer Permit Applications - Class B Mary Elizabeth Terry dba Little Harlem Inn, 108 Linn Street Class C Lavern Howard Barnett dba Barnett's Conoco, 2256 Logan Avenue Motion carried. 77274 - Moved by Burton, seconded by Dowie that application, bond and fee of Art H. Knief, Incorporated, 623 Sycamore Street, for license to conduct a Going -Out -Of -Business or Liquidation Sale, effective October 16, 1979 thru December 16, 1979, be received, placed on file and granted. Motion carried. 77275 - Moved by Roehr, seconded by Dowie that the following applications for permission to sell cigarettes at the locations shown,be received, placed on file and granted: George Clark dba Tic Toc, 714 Sycamore Street Happy Chef of Waterloo, Inc., 218 West Mullan Avenue Motion carried. 77276 - Moved by Penaluna, seconded by Dowie that the following applications for massage technician permits, be received, placed on file and granted subject to the requirements of ordinance governing same: Betty Ann Heffner, 1608 LaPorte Road Dorothy M. Carr, 942 Walnut Street Motion carried. .� - 4 October 8, 1979 W ''1 AN -7- 77277 - Moved by Burton, seconded by Dowie that report of City Attorney and list of bonds filed with Clerk through 10/8/79 be received, placed on file and report and bonds approved. Motion carried. 77278 - Moved by Burton, seconded by Bowers that the Council adjourn. Motion carried. Katherine Gibbs.. City Clerk October 8, 1979 "W `'