HomeMy WebLinkAbout09/10/79September 10, 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 10, 1979. Mayor Rooff in the Chair. On roll call:
Present: Wilharm, Roehr, Penaluna, Getty, Dowie, Burton, Bowers. Absent: None. Invocation
by Councilman Burton.
77028 - Moved by Roehr, seconded by Wilharm that the Agenda, as proposed for the Regular Session
of September 10, 1979 at 7:00 P.M., be accepted and approved. Motion carried.
77029 - Moved by Wilharm, seconded by Dowie that the Minutes of the Regular Session held Septem-
ber 4, 1979 at 7:00 P.M., be approved. Motion carried.
77030 - Moved by Dowie, seconded by Bowers that proof of publication of notice of public hearing
on proposal to vacate and convey a portion of alley in Block 12, Conger Park as published
in Waterloo Courier on 8/31/79, in exchange for other real estate conveyed to the City
by A. R. Hurlbut by deed dated 8/20/52, for purpose of clarifying the original sale pro-
cedure in September, 1952, be received and placed on file. Motion carried.
77031 - This being the time for hearing, the Mayor called for written and oral objections, and
there were none.
Moved by Wilharm, seconded by Penaluna that "Ordinance vacating a portion of alley in
Block 12, Conger Park", be received, placed on file, considered and passed for the first
time. Ayes: Seven. Motion carried.
77032 - Moved by Dowie, seconded by Burton that the 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: Seven. Motion carried.
77033 - Moved by Roehr, seconded by Wilharm that "Ordinance vacating a portion of alley in Block
12, Conger Park", be adopted. Ayes: Seven. Ordinance adopted and upon approval by
Mayor, assigned No. 3049.
77034 - Moved by Wilharm, seconded by Bowers that "Resolution authorizing the conveyance of a
portion of alley in Block 12, Conger Park, to Lorraine Hurlbut, widow of A. R. Hurlbut,
in exchange for other real estate conveyed to the City by A. R. Hurlbut by deed dated
August 20, 1952, and directing and authorizing the Mayor and City Clerk to execute and
deliver a deed for said property", be adopted. Ayes: Seven. Resolution adopted and
upon approval by Mayor, assigned No. 26494.
77035 - Mayor Rooff announced that the Municipal Treasurers Association of the United States
and Canada had awarded the professional credential of Certified Municipal Finance Admin-
istrator (CMFA) to Finance Director/Treasurer Tom Campbell and presented a plaque to him
in recognition of this outstanding achievement with congratulations from the Council
and himself.
77036 - Reuben Heidemann, 8910 Wagner Road, Cedar Falls, asked what action had been taken on No
Name Creek drainage and flooding problems as reported in comprehensive study by Brice,
Petrides & Associates, Inc. presented under Council Action X665885 of 6/3/74.
Mayor Rooff reported no action was taken as it was not a high priority item and no fed-
eral funds were available, however, the area back of the airport, that part in the City
of Waterloo, would be cleaned out for better drainage.
Moved by Bowers, seconded by Burton that the above presentation be received and placed
on file. Motion carried.
77037 - Mayor Rooff reported to Sandra Hall, 822 Nancy Road, and Nancy Masengarb, 829 Nancy Road,
that he had explained to James Hellman and Gary Swartz that the City Engineer was pro-
posing to intercept the water from South Hills Drive, Colby Road, etc. before it reached
Nancy Road, they wanted to look at the plans, City would go with City Engineer's recom-
mendations and he would ask the Council for the money accordingly, but could not promise
the work done before winter.
77038 - Sewer Superintendent Huntley reported a major failure of sewer on Hawver Court and re-
quested approval of approximately $550 for replacement.
Mayor Rooff explained as the amount was under $10,000, there would be no public hearing.
Moved by Wilharm, seconded by Bowers that the above report and request be received, plac-
ed on file and approved. Ayes: Seven. Motion carried.
77039 - Moved by Bowers, seconded by Burton that communication from the Iowa State University
Extension Services, requesting continued funding by the City of Waterloo of the Urban
4-H Center Program for disadvantaged young people who need counseling, be received,
placed on file, approved and granted in the amount of $1,394.00. Ayes: Seven. Motion
carried.
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77040 - Moved by Dowie, seconded by Penaluna that request of Wallace Butler, Atty. for J. Russell
Lowe Building Company, for public hearing on proposal to convey to said Company the vac-
ated alley lying South of Lots 1 to 8, inclusive, in Block 5, Rose Hill First Addition,
for appraised price previously paid to the City of Waterloo, Iowa, to correct the de-
fective procedure of May 17, 1960, be received, placed on file and "Resolution fixing
the time and place of hearing as September 24, 1979 on proposal to convey certain real
property to J. Russell Lowe Building Company, subject to City's retention of a 16 foot
easement", adopted and Clerk instructed to publish notice of hearing. Ayes: Seven.
Resolution adopted.and upon approval by Mayor, assigned No. 26495
77041 - Moved by Roehr, seconded by Bowers that request of Huff Construction for Exceptional
Persons, Inc. for permission to construct one 20' commercial curb cut at 1711 Lark Lane,
as shown on attached plat, and City Engineer's recommendation for approval subject to
the provisions of his letter, be received, placed on file, recommendationGapproved and
permission granted in accordance therewith. Motion carried.
77042 - Moved by Penaluna, seconded by Getty that communication from Waterloo Housing Authority
(Waterloo Chamber of Commerce) requesting a date for public hearing be set for Housing
Application of Section 8 Existing Housing, sponsored by Waterloo Housing Service, Inc.,
be received, placed on file and "Resolution fixing the time and place of hearing and no-
tice to be given on application to the Housing and Urban Development Department for 50
units of housing under the Section 8 Existing Housing Assistance Program as September
24, 1979 at 7:00 P.M. in Council Chambers in City Hall and instructing Clerk to publish
the notice of hearing", adopted. Ayes: Seven. Resolution adopted and upon approval by
Mayor, assigned No. 26496.
77043 - Moved by Bowers, seconded by Roehr that communication from Finance Director, transmitting
Municipal Finance Report, be received, placed on file & "Resolution approving Municipal
Street Finance Report to Iowa Department of Transportation for Year July 1, 1978 to June
30, 1979 covering various expenditures for Street and Parking purposes on Municipal
Streets and Parking in the City of Waterloo, Iowa", adopted. Ayes: Seven. Resolution
adopted and upon approval by Mayor assigned No. 26497.
77044 - Moved by Roehr, seconded by Penaluna that Finance Director's Statement for August, 1979,
showing Fund Balance 8/1/79 $16,861,557.43, + Receipts $3,153,094.83, - Bill Payments
$2,141,308.22, - Payrolls $861,579.71, - Transfers $173,533.74, - Commissions $892,224.98,
Fund Balance on hand 8/31/79 $15,946,005.61, be received, placed on file and approved.
Motion carried.
77045 - Moved by Burton, seconded by Bowers that the Annual Report for the Building Inspection
Department for July 1, 1978 through June 30, 1979 be received and placed on file.
Motion carried.
77046 - Moved by Penaluna, seconded by Dowie that City Treasurer's Report for August, 1979,
showing Balance on Hand 8/1/79 $17,762,461.77, + Receipts - Taxes $67,534.29, + Receipts
- City Clerk $1,172,988.32, + Receipts - City Treasurer $1,739,038.48, + Receipts -
Transfers $173,533.74, - Disbursements $4,499,886.57, Balance on Hand 8/31/79
$16,415,670.03, be received, placed on file and approved. Motion carried.
77047 - Under Council Action #77016 of 9/4/79, action was deferred on Preliminary Plat of Ham-
mond Hills Sixth Addition.
Discussed was storm sewer water draining into a dead-end and the manhole blowing out of
the ground; need to correct this problem; etc.
Moved by Wilharm, seconded by Penaluna that "Resolution approving the Preliminary Plat
of Hammond Hills Sixth Additon, Waterloo, Black Hawk County, Iowa", be adopted. Ayes:
Seven. Resolution adopted and upon approval of Mayor, assigned No. 26498.
77048 - Moved by Bowers, seconded by Getty that Change Order No. 2 for Dry Run Creek Flood Con-
trol Works, Contract No. 99C, Bontrager Park Area, for change in installation of sub -
drainage system by Peterson Contractors, Inc., Reinbeck, Iowa, for a decrease in costs
of $830.16, and City Engineer's recommendation for approval, be received, placed on file,
approved and Mayor and Clerk authorized to execute same. Ayes: Seven. Motion carried.
77049 - Mayor Rooff reported our neighbor to the west asked permission to pump raw sewerage into
Waterloo, his answer was an emphatic "no" and if necessary, the City would seek relief
from DEQ and District Court.
77050 - Moved by Burton, seconded by Bowers that communication from City Engineer, transmitting
a Right -of -Way Acquisition Agreement No. 79-1-112 for Proposed Freeway 520 from Iowa De-
partment of Transportation, and recommending approval, be received, placed on file and
"Resolution approving Right -of -Way Acquisition Agreement No. 79-1-112 for Proposed Free-
way 520 with Iowa Department of Transportation", adopted, and Mayor and City Clerk
authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by
Mayor, assigned No. 264'x,
September 10, 1979
77051 - Moved by Roehr, seconded by Dowie that communication from City `Engineer, transmitting a
Right -of -Way Acquisition Agreement No. 79-1-Oi4 for Proposed Interstate 380 from Iowa
Department of Transportation, and recommending approval, be received, placed on file,
and "Resolution approving Right -of -Way Acquisition Agreement No. 79-1-014 for Proposed
Interstate 380 with Iowa Department of Transporation", adopted, and Mayor and City Clerk
authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor,
assigned No. 26500.
77052 - Moved by Dowie, seconded by Burton that communication from City Engineer, transmitting a
Bridge Construction Agreement No. 79-12-100 for Proposed Interstate 380 and Freeway 520
from Iowa Department of Transportation, and recommending approval, be received, placed
on file and "Resolution approving Bridge Construction Agreement No. 79-12-100 for Pro-
posed Interstate 380 and Freeway 520 with Iowa Department of Transportation", adopted,
and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted
and upon approval by Mayor, assigned No. 26501.
77053 - Moved by Bowers, seconded by Penaluna that communication from City Engineer, transmitting
a Pre -Design Project,Agreement No. 79-P-007 for Proposed Reconstruction of U.S. Highway
63 from Iowa Department of Transportation, and recommending approval, be received, placed
on file and "Resolution approving Pre -Design Project Agreement No. 79-P-007 for Proposed
Reconstruction of U.S. Highway 63 with Iowa Department of Transportation", adopted, and
Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and
upon approval by Mayor, assigned No. 26502.
77054 - Moved by Penaluna, seconded by Roehr that communication from City Engineer, transmitting
a Pre -Design Project Agreement No. 79-P-006 for Proposed Interstate 380 from Iowa Depart-
ment of Transportation, and recommending approval, be received, placed on file and
"Resolution approving Pre -Design Project Agreement No. 79-P-006 for Proposed Interstate
380 with Iowa Department of Transportation", adopted, and Mayor and City Clerk authorized
to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned
No. 26503.
77055 - Moved by Burton, seconded by Bowers that construction plans for sanitary sewerage fac-
ilities serving Hammond Hills Sixth Addition with Sewage Treatment Agreement Form
WQ-59 (12-78) for the Department of Invironmental Quality and City Engineer's recom-
mendation 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 auth-
orized to execute said Agreement Form. Motion carried.
77056 - Moved by Bowers, seconded by Dowie that "An Ordinance amending Ordinance No. 2479, known
as the zoning ordinance, by repealing: Definition of "Hotel" under Section 2A-3, Defini-
tions, under Part III; Section 2A -7E, Accessory Buildings, under Part V, General Regula-
tions; Section 2A-12, Height Regulations, under Part VII, "R-1" Residence District;
Section 2A-20, Regulations, under Part X, "R-4" Multiple Residence District; Section 2A-
29, Lot Area, Lot Frontage and Yard Requirements, under Part XIII, "C-2" Commercial Dist-
rict; Section 2A-45, Off -Street Parking Area required, under Part XIX, Parking and Load-
ing areas, Public Garages, Parking Lots and Filling Stations; and Section 2A-47, Special
Provisions, under Part XXI, Special Provisions; and enacting in lieu thereof new:
Definition of "Hotel" under Section 2A-3, Definitions, under Part III; Section 2A -7E,
Accessory Buildings, under Part V, General Regulations; Section 2A-12, Height Regulations,
under Part VII, "R-1" Residence District; Section 2A-20, Regulations, under Part X,
"R-4" Multiple Residence District; Section 2A-29, Lot Area, Lot Frontage and Yard Require-
ments, under Part XIII, "C-2" Commercial District; Section 2A-45, Off -Street Parking Area
Required, under Part XIX, Parking and Loading Areas, Public Garages, Parking Lots and
Filling Stations; and Section 2A-47, Special Provisions, under Part XXI, Special Provi-
sions; and by adding new: Definition of "Motel" to Section 2A-3, Definitions, under Part
III; Subsection 26 to Section 2A-27, Regulations, under Part XIII, "C-2" Commercial
District; and Subsection 12 to Section 2A-30, Regulations, under Part XIV, "C-3" Commer-
cial District", be recpived, placed on file, considered and passed for the third time.
Ayes: Seven. Motion carried.
77057 - Moved by Bowers, seconded by Burton that "Resolution fixing a date for public hearing on
the adoption of An Ordinance to amend Ordinance No. 2479, as amended, the Waterloo
Zoning Ordinance", be adopted. Ayes: Seven. Resolution adopted and upon approval by
Mayor, assigned No. 26504.
77058 - Moved by Roehr, seconded by Bowers that final statement for engineering services for
Minor Contract No. 91, and City Engineer's recommendation for approval, be received,
placed on file and "Resolution approving and accepting final statement from Brice,
Petrides & Associates, Inc. for engineering services for Fourth Street Bridge Walkway
Canopy, Minor Contract No. 91, and authorizing payment accordingly", adopted. Ayes:
Seven. Resolution adopted and upon approval by Mayor, assigned No. 26505.
September 10, 1979
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77059 - Moved by Bowers, seconded by Penaluna that Estimate No. 9 (Final) Report and Declara-
tion of Completion and Recommendation of Acceptance of City Engineer for Minor Contract
No. 91, be received, placed on file and "Resolution approving the Estimate No. 9 (Final)
Report, Declaration of Completion and Recommendation of Acceptance as to work and mater-
ials furnished by John G. Miller Construction Company for the Fourth Street Bridge Walk-
way Canopy, Minor Contract No. 91, accepting the work and authorizing payment accord-
ingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned
No. 26506.
77060 - Movedby Getty, seconded by Roehr that statement for engineering services for UDAG
Downtown Public Improvements, Phase I, and Community Development Board's recommendation
for approval, be received, placed on file and "Resolution approving and accepting state-
ment dated 8/28/79 from Brice, Petrides and Associates, Inc. for engineering services
for UDAG Downtown Public Improvements, Phase I, and authorizing payment accordingly",
adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No.
26507.
77061 - Moved by Bowers, 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 9/5/79 from Schenk Engineering
Company for engineering services for F.Y. 1979 Paving Program I, Contract No. 166, and
authorizing payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon
approval by Mayor, assigned No. 26508.
77062 - Moved by Roehr, seconded by Burton 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 9/5/79 from Schenk Engineering
Company for F.Y. 1979 Paving Program No. II, Contract No. 170, and authorizing payment
accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor,
assigned No. 26509.
77063 - Moved by Getty, seconded by Penaluna that "Resolution, Bills, Schedule A", be adopted.
Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26510.
77064 - Moved by Getty, seconded by Penaluna that "Resolution, Bills, Schedule B", be adopted.
Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26511.
77065 - Moved by Bowers, seconded by Burton that communication from Recreation Commission re-
porting retirement of Florine Brown, employee #20007, effective 8/31/79, and entitlement
of 120 days sick leave and 47 days vacation pay, be received, placed on file and "Resol-
ution approving payment of $7,518.34, sick leave and vacation pay to Florine Brown of
Recreation Department", adopted. Ayes: Seven. Resolution adopted and upon approval
by Mayor, assigned No. 26512.
77066 - Moved by Roehr, seconded by Bowers that following request for permission to attend func-
tion, with expenses allowed not to exceed the amount shown, be received. placed on file
and approved:
Chief of Police to Iowa Association of Chiefs of Police and Peace Officers Annual Con-
ference Sioux City, Iowa, September 10 thru 13, 1979, $225.00,
Ayes: Seven. Motion carried.
77067 - Moved by Wilharm, seconded by Bowers 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 B
Division of American Food Industries dba Kentucky Fried Chicken of Cedar Falls -Franklin,
Concession Stand, 300 Rainbow Drive
Charles L. Johnson dba Rathskeller, National Dairy Cattle Congress, 300 Rainbow Drive
John T. Dunakey dba Sycamore Tap, 710 Sycamore Street
Class C
Richard E. Griffith dba Griff's Deep Rock, 801 Franklin Street
Beer Liquor License Applications - Class C
Leroy Watson dba Little Dutch Mill, 823 Franklin Street
Ira Harrington dba Arthur's Athletic Lounge, 211 Linn Street
Vernie's Lounge Corporation dba Vernie's Lounge, 118 Commerical Street
Sunday Sales - Beer Permit Applications - Class B
Division of American Food Industries dba Kentucky Fried Chicken of Cedar Falls -Franklin,
Concession Stand, 300 Rainbow Drive
Charles L. Johnson dba Rathskeller, National Dairy Cattle Congress, 300 Rainbow Drive
Class C
Richard E. Griffith dba Griff's Deep Rock, 801 Franklin Street
Sunday Sales - Beer and Liquor License Application - Class C
Ira Harrington dba Arthu-Ns Athletic Lounge, 211 Linn Str"`t
Motion carried.
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77068 - Moved by Getty, seconded by Penaluna that application of B & B Tobacco Stand for cigarette
permit at Dairy Cattle Congress, 300 Rainbow Drive, be received, placed on file and
granted. Motion carried.
77069 - Moved by Bowers, seconded by Getty that the application of Gregory Robert Grim, 510
Conger Street, for taxicab driver's permit, be received, placed on file and granted.
Motion carried.
77070 - Moved by Getty, seconded by Penaluna that application of Angela Williamson, 710 Sherman
Avenue, for Massage Technician Permit, be received, placed on file and granted subject to
the requirements of ordinance governing same. Motion carried.
77071 - Moved by Burton, seconded by Bowers that Rubble Disposal Bond in the amount of $1,000
for operation of a private land fill (dump) North of Highway 20 in part of Sec. 9 T
89 R 12-13 in accordance with the bond, be received, placed on file, approved and per-
mission granted. Motion carried.
77072 - Moved by Bowers, seconded by Roehr that report of City Attorney and list of bonds filed
with Clerk through 9/10/79 be received, placed on file and report and bonds approved.
Motion carried.
77073 - Moved by Getty, seconded by Penaluna that the Council adjourn. Motion carried.
September 10, 1979
Katherine Gibbs,
City Clerk
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