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HomeMy WebLinkAbout09/17/791 _ Nk September 17, 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 September 17, 1979. Mayor Rooff in the Chair. On roll call: Present: Wilharm, Roehr, Penaluna, Getty, Burton, Bowers. Absent: Dowie. Invocation by Councilman Wilharm. 77074 - Moved by Roehr, seconded by Burton that the Agenda, as proposed, for the Regular Session of September 17, 1979 at 7:00 P.M., be accepted ane approved. Motion carried. 77075 - Moved by Wilharm, seconded by Bowers that the Minutes of the Regular Session held Sept- ember 10, 1979 at 7:00 P.M., be approved. Motion carried. 77076 - Moved by Burton, seconded by Wilharm that proof of publication of notice of public hear- ing on rezoning from "A-1" Agricultural District to "M-1" Light Industrial District, approximately 53.6 acres in part of Section 33 -89N -13W bounded by Ridgeway Avenue on south, Martin Road on west and U.S. Highway 63 on east, as published in Waterloo Courier on 8/31/79, upon the request of Roger Olesen, et al, the City Zoning Commission's recom- mendation and Council's own motion, be received and placed on file. Motion carried. 77077 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Penaluna, seconded by Roehr that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 168 to Section 2A-5, rezoning certain property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dowie. Motion carried. 77078 - Moved by Roehr, seconded by Burton that proof of publication of notice of public hearing on site plan for DuBois & Stokes Construction Company, for Lot 7 Regency Acres, south- west of intersection of Westchester Road and Bradley Court, a "R -4,R -P" District, upon recommendation of Plan and Program Commission and on Council's own motion, as published in Waterloo Courier on 8/31/79, be received and placed on file. Motion carried. 77079 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Discussed were drainage grade toward Westchester Road and Engineer's imput through normal process of review. Moved by Wilharm, seconded by Penaluna that "Resolution approving the site plan for Du- Bois & Stoker Construction Company, for Lot 7, Regency Acres", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 26513. 77080 - Moved by Roehr, seconded by Burton that proof of publication of Notice of Intention to Issue Hospital Facilities Revenue Bonds (St. Francis Hospital Project) Series 1979, to the City of Waterloo, Iowa, as published in Waterloo Courier on 8/31/79, be received and placed on file. Motion carried. 77081 - The City Council investigated and found that notice of intention to issue Hospital Facil- ity Revenue Bonds (St. Francis Hospital Project) of said City in an aggregate principal amount not exceeding $11,000,000 had been duly given by publication on August 31, 1979 in Waterloo Courier, a legal newspaper published and having a general circulation within said City. This being the time and place specified in said notice for the conduct of a public hearing 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 bonds in an amount not exceeding $7,500,000 to ac- quire the equipment and improvements referred to in said notice. After all local resi- dents who appeared at the hearing, who desired to do so, had expressed their views for or against the proposal to issue bonds for said purpose, Councilman Wilharm introduced and caused to be read the following Resolution No. 26514: Moved by Wilharm, seconded by Bowers that "Resolution determining to proceed with the issuance of not to exceed $7,500,000 Hospital Facility Revenue Bonds (St. Francis Hos- pital Project) of the City of Waterloo, Iowa for the purpose of acquiring equipment for and improvements to the existing hospital facility of St. Francis Hospital of Franciscan Sisters", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 26514. 77082 - The Mayor then announced that any local residentattending the hearing would now be given an opportunity to express his viewsfor or against the proposal to issue bonds in an amount not exceeding $3,500,000 to accomplish the refunding of existing indebtedness referred to in the notice of public hearing. 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 bonds for said purpose, Councilman Getty introduced and caused to be read the following Resolution No. 26515: -2- 77082 - (Continued) Moved by Getty, seconded by Wilharm that "Resolution deteuniningto proceed with the is- suanceof not to exceed $3,500,000 Hospital Facility Revenue Bonds (St. Francis Hospital t'roject) of the City of Waterloo, Iowa for the purpose of refunding certain existing indebtedness of St. Francis Hospital of Franciscan Sisters", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 26515. 77083 - Councilman Wilharm then introduced and caused to be read the following Resolution No. 26516: Moved by Wilharm, seconded by Roehr that "Resolution determining to consolidate Hospital Facility Revenue Bonds (St. Francis Hospital Project) of the City of Waterloo, Iowa, as a single issue in a principal amount not to exceed $11,000,000", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 26516. 77084 - Moved by Bowers, seconded by Burton that proof of publication of notice of public hearing on conditional zone in an "U-1" Unclassified District, all of Lot 5 in Cedar Terrace Addition, located north of Belle Street and west of Southcrest Drive, as published in Waterloo Courier on 8/31/79, upon the request of Janet Kalsem and on Council's own motion, be received and placed on file. Motion carried. 77085 - This being the time for hearing, the Mayor called for oral and written objections, and the Clerk reported filed were an 18.75% objection petition, together with an 81.25% consent petition. Oral objections were made by: 1. Betty Myers, 503 Belle Street; 2. Collene Pierce, 513 Belle Street; Council Member Wilharm reported receiving five phone calls and three letters in support and Council Member Burton presented letters in support from Janice E. Kalsem, 427 Belle Street, Bernard H. Bernard and Celeste K. Bernard, 408 Belle Street, and Virginia F. Ritter, Ph.D., Associate Professor, UNI. Speaking in support were: 1. Virginia F. Ritter, Ph.D., Associate Professor, Early Childhood Education, UNI•. 2. Janice Kalsem, 427 Belle Street; 3. Roger Kalsem, 427 Belle Street; 4. Larry Rathe, 409 Belle Street. Discussed was Zoning Commission's recommendation for denial; U-1 could not be considered for conditional zoning; jump one classification up; R-3 use not allowed in U-1 in zoning ordinance; question of legality and need for more imput; etc. Moved by Burton, seconded by Wilharm that the above objections, written support letters and oral support presentations, be received and placed on file. Motion carried. 77,086 - The Mayor called for any other objections or support presentations, there were none, and he declared the time for receiving and hearing same, to be closed. Moved by Roehr, seconded by Burton that the hearing be, and the same is, is hereby closed, and the meeting adjourned to September 24, 1979 at 7:00 P.M. in the Council Chambers in Citv Hall for consideration of above request. Ayes: Five. Nay: Bowers. Absent: Dowie. Motion carried. 77087 - Tom Nielson, 319 South Hackett Road, protested slow construction progress, inconveniences and parking violation ticket. Mayor Rooff reported City and contractor faced with very wet year, unexpected problems and costs, he would contact contractor, and the unjust ticket would be cancelled. Moved by Getty, seconded by Wilharm that the above presentation be received and placed on file. Motion carried. 77088 - Moved by Burton, seconded by Getty that request of Matthew A. Lumetta for United Beverage, Inc., together with IDOT Entrance Permit Application Form 640004, for permission to con- struct two Type B entrances on Highway No. 57 at Sta. 114+03 and Sta. 116+93, approxi- mately 980.7 feet and 1270.7 feet, respectively, east of the centerline of Airport Boulevard in Waterloo, and attached sketch, and City Engineer's recommendation for ap- provalsubject to the provisions of his letter, be received, placed on file, approved and Mayor authorized to sign said application. Motion carried. 77089 - Moved by Roehr, seconded by Burton that request of Assink Bros., Inc. for Payless Cash - ways Store for permission to construct one 35' commercial entrance on frontage road at 2015 West Ridgeway Avenue (Temporary Address), as shown on attached plat, and City September 17, 1979 '� �` -3- 77089 - (Continued) Engineer's recommendation for approval subject to the provisions of his letter, be re- ceived, placed on file, recommendations approved and permission granted in accordance therewith. Motion carried. 77090 - Moved by Penaluna, seconded by Bowers that request of Flinn Saito Andersen for Peoples Community Health Clinic for permission to construct one 20' commercial curb cut at 129 East Parker Street, as shown on attached plat, and City Engineer's recommendation for approval subject to the provisions of his letter, be received, placed on file, recom- mendations approved and permission granted in accordance therewith. Motion carried. 77091 - Moved by Bowers, seconded by Burton that request of Schenk Engineering Co. for Quik Trip Corporation for permission to construct two 30' commercial curb cuts, one on Hammond Avenue and one on Wildwood Road to serve the Quik Trip, 910 Wildwood Road, as shown on attached plat, and City Engineer's recommendation for approval subject to the provisions of his letter, be received, placed on file, recommendations approved and permission grant- ed in accordance therewith. Motion carried. 77092 - Moved by Roehr, seconded by Penaluna that request of Keller -Apex Investment Company for permission to construct two 24' commercial curb cuts in Regency Acres, one to serve Lot 5 at 1920-1930 Kamille Ct. and the other to serve Lot 8 at 1942 Kamille Ct. (Temporary Address), as shown on attached plat, and City Engineer's recommendation for approval sub- ject to the provisions of his letter, be received, placed on file, recommendations app- roved and permission granted in accordance therewith. Motion carried. 77093 - Moved by Burton, seconded by Wilharm that request of Dean A. Mullen for permission to construct a temporary concrete driveway at 1911 Howard 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 Dean A. Mullen and authorizing construction of a temporary concrete driveway at 1911 Howard Avenue, irrespective of a later official grade", adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 26517. 77094 - Moved by Burton, seconded by Wilharm that request of Don K. Reams for permission to con- struct a temporary concrete driveway at 1233 Upton 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 Don K. Reams and authorizing construction of a temporary concrete driveway at 1233 Upton Avenue, irrespective of a later official grade", adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 26518. 77095 - Moved by Burton, seconded by Wilharm that request of Stanley Inverson for permission to construct a temporary concrete driveway at 725 Wisconsin Street 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 Stanley Iverson and authorizing constru- ction of a temporary concrete driveway at 725 Wisconsin Street, irrespective of a later official grade", adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 26519. 77096 - Moved by Bowers, seconded by Getty that the communication from the City Engineer, ad- vising improvements required as a condition precedent to final approval of plat of the addition to be known as Sturdy Addition have been completed in substantial conformance with construction plans, standards and requirements of his office, submitting four-year ma*6tenance bond for street improvements and two-year maintenance bond for the sewer `iprovements, and recommending acceptance of said addition and bonds, be received, placed on file, approved and accepted with effective dates of bonds being that of final Council approval. Motion carried 7709'1 - Moved by Roehr, seconded by Getty that the communication from the City Engineer, advising improvements required as a condition precedent to final approval of plat of the addition to be known as Westbourne Terrace Fourth Addition have been completed in substantial conformance with construction plans, standards and requirements of his office, submitting four-year maintenance bond for street improvements and two-year maintenance bond for the sewer improvements, and recommending acceptance of said addition and bonds, be received, placed on file, and action deferred until September 24, 1979, for further study. Motion carried. 77098 - Moved by Burton, seconded by Bowers that minutes of the regular meeting of the Community Development Board held August 14, 1979 at 7:00 P.M. and Special Board Meeting held Aug- ust 30, 1979 at 4:00 P.M., be received, placed on file and approved. Motion carried. September 17, 1979 -4- 77099 - Moved by Roehr, seconded by Bowers that Right -of -Way Assurance Statement for Federal Aid Projects dated 9/17/79 from Highway Division of Iowa Department of Transportation, and City Engineer's recommendation for approval, be received, placed on file, "Resolution approving Right -of -Way Assurance Statement for Federal Aid Projects from Iowa Department of Transportation, and authorizing the Mayor and Clerk to execute same", adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 26520. 77100 - Moved by Burton, seconded by Getty that Change Order No. 3 for Dry Run Creek Flood Con- trol Works, Contract No. 99C, Aontrager Park Area, for additional work by Peterson Contractors, Inc., at an additional cost of $1,914.75, 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: Dowie. Motion carried. 77101 - Moved by Penaluna, seconded by Bowers that communication from City Engineer, transmitting Engineering Design Contract dated 9/17/79 for Sixth Street Bridge, and recommending approval, be received, placed on file and "Resolution approving Engineering Design Con- tract with Brice, Petrides & Associates, Inc. for Sixth Street Bridge", adopted and Mayor and City Clerk authorized and directed to execute said Contract. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No.26521. 77102 - Moved by Roehr, seconded by Bowers that communication from Plan and Program Commission transmitting statement of intent from Roosevelt Roby, Jr., to withdraw his bid of $1001.00 for purchase of Lot 15, Block 3, Manson's 2nd Addition, under Council Record, No. 73117 of 10/24/77, together with request for return of deposit check, be received, placed on file and said withdrawal and request denied, and the City Clerk instructed and directed to deposit said check and all future successful bid deposit checks immedi- ately. Ayes: Six. Absent: Dowie. Motion carried. 77103 - Moved by Penaluna, seconded by Burton that City Engineers be instructed to prepare plans, specifications, form of contract, estimated cost, etc. for F.Y. 1980 Sidewalk Program, Contract No. 46. Motion carried. 77104 - Moved by Wilharm, seconded by Roehr that plans, specifications, form of contract, est- imated cost, etc., for F.Y. 1980 Sidewalk Program, Constract No. 46, be received, placed on file and "Resolution preliminarily approving plans, specifications, form of contract, estimated cost, etc., for F.Y. 1980 Sidewalk Program, Contract No. 46", adopted. Ayes: Five. Nay: Getty. Absent: Dowie. Resolution adopted and upon approval by Mayor, as- signed No. 26522. 77105 - Moved by Roehr, seconded by Penaluna that Clerk be instructed to publish the notice of public hearing on plans, specifications, etc. and taking of bids for F.Y. 1980 Sidewalk Program, Contract No. 46, said date of hearing being set as October 1, 1979, at 7:00 P.M. Motion carried. 77106 - Moved by Bowers, seconded by Roehr that Clerk be instructed to publish Notice to Con- tractors or Invitation for Bids for F.Y. 1980 Sidewalk Program, Contract No. 46, and said date set as October 1, 1979 at 7:00 P.M. in Council Chambers. Motion carried. 77107 - Moved by Penaluna, seconded by Getty that following requests for permission to attend functions, with expenses allowed not to exceed amounts shown, be received, placed on file and approved: Milk Sanitarian and Assistant Milk Sanitarian to the Regular Fall Meeting of the Iowa Milk, Food & Environmental Sanitarians, Cedar Rapids, Iowa, October 17, 1979, $14.00 + use of City car. City Engineer, Senior Inspector II and Senior Inspector I, to Annual Conference of Iowa Chapter, American Public Works Association, Council Bluffs, Iowa, October 24 thru 26, 1979, $450.00 + use of City car. Ayes: Six. Absent: Dowie. Motion carried. 77108 - Moved by Bowers, 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: Beer Permit Applications - Class C Leon E. Voshell dba L & L Service, 306h Logan Avenue Virgil Gail Taylor dba Virg's Superette Foods, 1761 Independence Avenue Beer Liquor License Applications - Class C G. Russell Clark dba Tic Toc, 714 Svcamore Street Tim Casey dba Casey's 218 Pub, Inc., 4010-4014 University Avenue Sunday Sales - Beer Permit Application - Class C Virgil Gail Taylor dba Virg's Superette Foods, 1761 Independence Avenue Motion carried. September 17, 1979 ,•kN -5- 77109 - Moved by Wilharm, seconded by Getty that the following applications for taxicab driver's permits, be received, placed on file and granted: Judith Ann Barnhart, 200 East 5th Street Jerry Montgomery, 127 Mohawk Street Motion carried. 77110 - Moved by Bowers, seconded by Burton that following applications for 1979-80 Scavenger License to expire 5/1/80, be received, placed on file and granted: Virgil Willard dba Crown Sewer Service, 1326 S. Elk Run Drive, Evansdale, Iowa Mary F. Aten dba A-1 Toilet Rental, 515 Trail Avenue, Evansdale, Iowa Howard L. Aten dba Howard Aten Services, Inc., 515 Trail Avenue, Evansdale, Iowa. Motion carried. 77111 - Moved by Roehr, seconded by Getty that report of City Attorney and list of bonds filed with Clerk through 9/17/79 be received, placed on file and report and bonds approved. Motion carried. 77112 - Moved by Penaluna, seconded by Getty that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk September 17, 1979