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Home My WebLink About09/04/79September 4, 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 4, 1979. Mayor Rooff in the Chair. On roll call: Present: Wilharm, Roehr, Penaluna, Getty, Dowie, Burton, Bowers. Absent: None. Invocation by Father Brunkan, Principal of Columbus High School. 76995 - Moved by Dowie, seconded by Penaluna that the Agenda, as proposed, for the Regular Session of September 4, 1979 at 7:00 P.M., be accepted and approved. Motion carried. 76996 - Moved by Burton, seconded by Bowers that the Minutes of the Regular Session held August 27, 1979 at 7:00 P.M., be approved. Motion carried. 76997 - Moved by Roehr, seconded by Wilharm that proof of publication of notice of public hearing on site plan for Payless Cashway, Inc. southwesterly of the intersection of West Ridgeway Avenue and U.S. Highway 63, upon recommendation of Plan and Program Commission with off-street parking; not extended closer than 40' to public right-of-way waived, and on Council's own motion, as published in Waterloo Courier on 8/17/79, be received and placed on file. Motion carried. 76998 - This being the time and place for hearing, the Mayor called for oral and written objections, and there were none. Moved by Wilharm, seconded by Burton that "Resolution approving the site plan for Payless Cashway, Inc. southwesterly of the intersection of West Ridgeway Avenue and U.S. Highway 63", be adopted, with off-street parking not extended closer than 40' to public right-of-way, waived. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26485. 76999 - The Engineers recommended acceptance of low bid of Cedar Falls Construc- tion Company, Inc., of Cedar Falls, Iowa in the amount of $1,418,896.30 for Sections 1 and 2 and low bid of See Electric, Inc. of Waterloo, Iowa, in the amount of $135,462.79 for Sections 3 and 4, for UDAG Pro- ject Public Improvements, Phase I, Contract No. 175. Moved by Dowie, seconded by Bowers that the above recommendation, be received, placed on file and Resolution accepting the bid of Cedar Falls Construction Company, Inc. in the amount of $1,418,896.30 for Sections 1 and 2 and low bid of See Electric, Inc. in the amount of $135,462.79 for Sections 3 and 4 for UDAG Project Public Improvements, Phase I, Contract No. 175", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26486. 77000 - Moved by Burton, seconded by Roehr that proof of publication of notice to bidders of twenty City vehicles, as published in Waterloo Courier on August 19 and 26, 1979, be received and placed on file. Motion carried. 77001 - Moved by Dowie, seconded by Wilharm that the following bids for twenty City vehicles, be received, placed on file and high bids of Keith Ken Auto Salvage, in the amounts of $201.00 for Unit #592, $157.00 for Unit #583, $257.00 for Unit #566, $127.00 for Unit #584, $51.00 for Unit #109, $137.00 for Unit #502, $137.00 for Unit #559, $67.00 for Unit #115, $127.00 for Unit #558, respectively, and of Dick's Auto Salvage, in the amounts of $175.00 for Unit #593, $75.00 for Unit #70, $100.00 for Unit #71, $100.00 for Unit #557, $175.00 for Unit #590, $75.00 for Unit #54, $100.00 for Unit #563, $175.00 for Unit #589, respectively and of Mary Sorensen in the amount of $185.00 for Unit #588, and of Gene W. Thompson in the amount of $283.00 for Unit #591 and of Car -Vets Sales & Service in the amount of $586.00 for Unit #530, accepted. #592 - 1974 Ford Torino #588 - 1974 Ford Torino Keith Ken Auto Salvage - $201.00 Mary Sorensen - $185.00 Dick's Auto Salvage - $175.00 Dick's Auto Salvage - $175.00 Howard Tyler - $ 53.00 Keith Ken Auto Salvage - $127.00 Howard Tyler - $ 51.00 #593 - 1974 Ford Torino #70 - 1966 Chevrolet Dick's Auto Salvage - $175.00 Dick's Auto Salvage - $ 75.00 Keith Ken Auto Salvage - $157.00 Keith Ken Auto Salvage - $ 41.00 Steve R. Nemmers - $130.00 Steve Batchelder - $ 40.00 Howard Tyler - $ 62.00 -2- 77001 - (Continued) #71 - 1965 IHC1300 Dick's Auto Salvage - $100.00 #557 - 1972 Dodge Dick's Auto Salvage - $100.00 Car -Vets Sales & Service - $ 76.00 Keith Ken Auto Salvage - $ 57.00 #590 - 1974 Ford Torino #566 - 1973 Dodge Dick's Auto Salvage - $175.00 Keith Ken Auto Salvage - $257.00 Car -Vets Sales & Service - $118.00 Car -Vets Sales & Service - $126.00 Keith Ken Auto Salvage - $ 57.00 Dick's Auto Salvage - $125.00 Howard Tyler $ 56.00 #583 - 1973 Plymouth #54 - 1970 Pontiac Keith Ken Auto Salvage - $157.00 Dick's Auto Salvage - $ 75.00 Dick's Auto Salvage - $125.00 Keith Ken Auto Salvage - $ 40.00 Car -Vets Sales & Service - $102.00 Car -Vets Sales & Service - $ 38.00 #584 - 1973 Plymouth #559 - 1972 Dodge Keith Ken Auto Salvage - $127.00 Keith Ken Auto Salvage -$137.00 Dick's Auto Salvage - $125.00 Dick's Auto Salvage - $100.00 Car -Vets Sales & Service - $ 89.00 #109 - 1971 IHC 1210 #115 - 1964 Chevrolet z tan Keith Ken Auto Salvage - $ 51.00 Keith Ken Auto Salvage - $ 67.00 Dick's Auto Salvage - $ 50.00 Car -Vets Sales & Service - 51.00 Dick's Auto Salvage - 50.00 #502 - 1971 Dodge Steve Batchelder - $ 40.00 Keith Ken Auto Salvage - $137.00 Car -Vets Sales & Service - $ 76.00 #591 - 1974 Ford Torino Dick's Auto Salvage - $ 75.00 Gene W. Thompson - $283.00 Keith Ken Auto Salvage - 5225.00 #530 - 1976 Chevrolet Dick's Auto Salvage - $175.00 Car -Vets Sales & Service - $586.00 Car -Vets Sales & Service - $127.00 Dick's Auto Salvage - $450.00 Dean Bass - $425.10 #558 - 1972 Dodge Keith Ken Auto Salvage - $401.00 Keith Ken Auto Salvage -$127.00 Mary Sorensen - $400.00 Dick's Auto Salvage - $100.00 Jim Rathbone - $177.50 #589 - 1974 Ford Torino #563 - 1972 Dodge Dick's Auto Salvage - $175.00 Dick's Auto Salvage - $100.00 Keith Ken Auto Salvage -$ 77.00 Keith Ken Auto Salvage - $ 90.00 Howard Tyler - $ 57.00 Ayes: Seven. Motion carried. 77002 - Father Brunkan, Principal of Columbus High, reported until lk years ago, the drains in the school's football field, track field, etc. car- ried away the run-off water but since development of Ravenwood Drive and Care Center, that it into water funnels the homes onto the school property, in the West Ninth Street and and Columbus gushes across Drive area, as well as into Dry Run Creek. He stated a study had been made by an engineer who observed the situation, and presented a petition for proper drainage. Mayor Rooff added during the last rain, the water was a small river between Leona Street and Columbus Drive; the City recognizes it does have some problems, and would not allow adding to them with another Addition in the area; the Dry Run Creek-Bontrager Park pond does work, and the City would do the best it could. Moved by Wilharm, seconded by Dowie that the above presentation of Father Brunkan and petition of Mary Hingtgen et al, be received and placed on file. Motion carried. 77003 - Paul Schwake, 2408 West Ninth Street, protested no parking restriction in front of his property (adjacent to Easton Avenue); his vehicles were being parked on Easton Avenue between bridge and West Ninth Street, and suggested bridge, which was backing up water, be removed and street dead -ended as there were no residents on it. Moved by Burton, seconded by Wilharm that the above presentation, be received, placed on file, referred to the Police Department with a report back on September 17, 1979. Motion carried. 4 September 4, 197' 77004 - Helen McClain, 836 Nancy Road, reported water drainage problem on Nancy Road and suggested installation of bigger drains, bigger pipes, etc. at this time while working on widening inlet basins, etc. Mayor Rooff reported a meeting would be held with Jim Hellman tomorrow; money was not wasted on enlarging inlets; the engineer was trying to come up with a plan to intercept water, which would cause the least amount of damage to the properties as storm sewer was in easement, and City was trying to find a solution and money. Moved by Wilharm, seconded by Dowie that the above presentation be received and placed on file. Motion carried. 77005 - Moved by Roehr, seconded by Wilharm that communication from Plan and Program Commission, transmitting the request of First United Methodist Church for permission to construct an addition to their facility at 614 Randolph Street, and recommending approval, be received, placed on file, recommendations approved, date of hearing set as September 24, 1979, and Clerk instructed to publish the necessary notice for a public hearing. Ayes: Seven. Motion carried. 77006 - Moved by Burton, seconded by Getty that communication from Plan & Program Commission transmitting request from George Lindeman, Atty. for M & K Enterprises for vacation of drainage eastment in NE Fractional 4 of Section 2 -88N -13W near corner of Highway 412 and LaPorte Road area, as legally described in attached Exhibit "A", be received, placed on file and Resolution fixing the time and place of hearing and notice to be given on vacation of certain easement in NE Fractional 4 of Section 2 -88N -13W near corner of Highway 412 and LaPorte Road area, as Septem- ber 24, 1979 at 7:00 P.M. in the Council Chambers in City Hall and Clerk to publish notice of hearing", adopted. Ayes: Seven. Resolu- tion adopted and upon approval by Mayor, assigned No. 26487. 77007 - Moved by Dowie, seconded by Bowers that communication from Plan and Program Commission, transmitting request of Robert J. Schreiner on behalf of Home Savings and Loan Association for name change to Home Plaza a portion of Elvon Street, and recommending approval, be received, placed on file, approved and City Attorney instructed to submit an ordinance accordingly. Motion carried. 77008 - Moved by Burton, seconded by Roehr that request from Mike Crawley for Marvin Kalvert for vacation of two easements lying along the north and south lot lines of Lot 131, Cedar Terrace Third Addition, 229 South - crest Drive for garage purposes, and Plan and Program Commission's recommendation for approval, be received, placed on file and "Resolu- tion fixing the time and place of hearing and notice to be given on vacation of two easements at 229 Southcrest Drive, as September 24, 1979 at 7:00 P.M. in the Council Chambers in City Hall and Clerk to publish notice of hearing", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26488. 77009 - Moved by Bowers, seconded by Burton that request of Schenk Engineering Company for permission to construct one 20' and one 36' commercial curb cut to serve Lot No. 6, 4021 Alexandra Drive and one 20' commercial curb cut to serve Lot No. 5, 4009 Alexandra Drive (temporary addresses), 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 granted in accordance therewith. Motion carried. 77010 - Moved by Penaluna, seconded by Getty that request of Immanuel Lutheran Church, 215 Franklin Street for permission to construct one 30' com- mercial curb cut in the 100 block of Walnut 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, recommendations approved and permission granted in accordance therewith. Motion carried. 77011 - Moved by Dowie, seconded by Burton that request of Roger C. Neebel Construction, Inc. for permission to construct a temporary concrete driveway at 123-127 Southbrook 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 September 4, 1979 -4- 77011 - (Continued) to Roger C. Neebel Construction, Inc. and authorizing; construction of a temporary concrete driveway at 123-127 Southbrooke Drive, irrespective of a later official grade", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26489. 77012 - Moved by Bowers, seconded by Burton that communication from Plan and Program Director, transmitting a Warranty Deed dated 8/8/79 from Getty Refining and Marketing Company, conveying unto the City of Waterloo, Iowa, Lots 2 and 3, Block 40, Original Plat East, on Franklin Street at East Fifth Street, be received, placed on file, "Resolution approving and accepting a Warranty Deed from Getty Refining and Marketing Company," adopted, and Clerk instructed to record same. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26490. 77013 - Moved by Getty, seconded by Penaluna that communication from Plan and Program Director, transmitting Quit Claim Deed dated 8/28/79, a perm- anent easement and a temporary easement, from Black Hawk County Board of Supervisors for part of Section 10-89-13, for storm sewer in Clover- dale Area purposes, be received, placed on file, approved and accented, and "Resolution approving and accepting a Quit Claim Deed from Black Hawk County Board of Supervisors for part of Section 10-89-13" adopted, and directing recording of same. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26491. 77014 - Moved by Roehr, seconded by Getty that communication from City Engineer, transmitting Engineering Services Contract dated 9/4/79 for Sans Souci Sanitary Sewer, and recommending approval, be received, placed on file and "Resolution approving Engineering Services Contract with Wayne Claassen Engineering and Surveying, Inc. for Sans Souci Drive Sanitary Sewer Program, Contract No. 192", adopted and Mayor and City Clerk authorized and directed to execute said Contract. Aves: Six. Penaluna declined to vote by reason of possible conflict of interest under Sec- tion 362.6 of Code of Iowa. Resolution adopted and upon approval by Mayor, assigned No. 26492. 77015 - Moved by Penaiuna, seconded by Bowers that construction plans for sani- tary sewerage facilities serving Sanitary Sewer Extension Sec. 11-88-13 (Guernsey) with Sewage Treatment Agreement Form WQ-59 (3/78) 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. 77016 - Moved by Roehr, seconded by Burton that Preliminary Plat of Hammond Hills Sixth Addition with Deed of Dedication, report of City Engineer, report of Brice, Petrides & Associates, Inc. regarding the plat's impact on the area's sanitary wastewater collection system, Plan and Program Commission's resolution of approval and its recommendation for Council approval, be received, placed on file and action deferred until Septem- ber 10, 1979. Motion carried. 77017 - Moved by Burton, seconded by Bowers that Change Order No. 1 for Dry Run Creek Flood Control Works--Bontrager Park Area, Contract No. 99C, for additional work at an additional cost of $4,982.00, by Peterson Con- tractors, Inc. and City Engineer's reconmendation for approval, be received, placed on file, approved and Mayor and City Clerk authorized to execute same. Ayes: Seven. Motion carried. 77018 - Discussed was additional contract charges which are not assessed to property owners but paid by the City. Moved by Roehr, seconded by Bowers that Change Order No. 6 for F.Y. 1979 Paving Program No. 2, Contract No. 170, for additional work at an additional cost of $5,098.40, by Cedar Valley Corporation, and City Engineer's recommendation for approval, be received, placed on file, approved and Mayor and City Clerk authorized to execute same. Ayes: Seven. Motion carried. 77019 - Moved by Burton, seconded by Wilharm that "An Ordinance amending Ordin- ance No. 2479, known as the zoning ordinance, by repealing: Defini- tion 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, Rem lations, under Part X, "R-10 Multiple Residence -September 4, 1979 "IN -5- 77019 5- 77019 - (Continued) District; Section 2A-29, Lot Area, Lot Frontage and Yard Requirements, 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 Provisions; and enacting in lieu thereof new: Definition of "Hotel" under Section 2A-3, Defini- tions, 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 Requirements, under Part XIII, "C-2" Commercial Dis- trict; 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 Provisions; 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" Commercial District", be re- ceived, placed on file, considered and passed for the second time. Aves: Seven. Motion carried. 77020 - Hugh Field, Atty. for Schoitz Memorial Hospital, briefly outlined how the Not to Exceed $6,000,000 Hospital Facility Revenue Bonds would be used. Moved by Roehr, seconded by Penaluna that "A Resolution Authorizing the Execution of a Memorandum of Agreement by and between the City of Waterloo, Iowa and Schoitz Memorial Hospital, regarding the issuance of Hospital Facility Revenue Bonds", be adopted. Ayes: Seven. Resolu- tion adopted and upon approval by Mayor, assigned No. 26493. 77021 - Moved by Getty, seconded by Bowers that communication from Police Chief transmitting a list of officers authorized to receive $200 each for clothing allowance for the first half of the 1979-1980 fiscal year and one officer as, eligible to receive a prorated amount of $250 for clean- ing of uniforms, maintaining equipment, shoe allowance and personal equipment, be received, placed on file and approved. Ayes: Seven. Motion carried. 77022 - Moved by Bowers, seconded by Burton that the following request for perm- ission to attend function, with expenses allowed not to exceed amount shown, be received, placed on file and approved: Planning Director to First Annual Land Development and Housing Confer- ence, Des Moines, Iowa, September 21 & 22, 1979, $54.00 plus use of city car. Ayes: Seven. Motion carried. 77023 - Moved by Penaluna, seconded by Roehr 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 Concession Services, Inc., Dairy Cattle Congress Grounds, Rainbow Drive Concession Services, Inc., McElroy Auditorium & Dairy Cattle Congress Grounds, Rainbow Drive Class C SoutTi and Corporation dba 7 -Eleven Store #18436, 1309 Lafayette Street Southland Corporation dba 7 -Eleven Store #18456, 1105 Cedar Bend Street Southland Corporation dba 7 -Eleven Store #18505, 504 Riehl Street Southland Corporation dba 7 -Eleven Store #18506, 2302 Falls Avenue Uban Oil Co. dba Lafayette Kerr McGee, 2100 Lafayette Street James S. Klein dba Klein's Korner, 811 Rainbow Drive Pester Derby Oil Company dba Pester Derby, 508 N. Broadway Quik Trip Corporation dba Quik Trip #536, 117 San Marnan Drive September 4, 1979 77023 (Continued) Beer Liquor License Applications Class C Bum Steer, Inc. dba Bum Steer, 3251 West 4th Street Adrian Erickson dba Electric Park Lanes, W. Conger & Rainbow Drive Sunday Sales - Beer Permit Applications Class B Concession Services, Inc., Dairy Cattle Congress Grounds, Rainbow Drive Concession Services, Inc., Dairy Cattle Congress Grounds & McElroy Auditorium, Rainbow Drive Class C Southland Corporation dba 7 -Eleven Store #18436, 1309 Lafayette Street Southland Corporation dba 7 -Eleven Store #18456, 1105 Cedar Bend Street Southland Corporation dba 7 -Eleven Store #18505, 504 Riehl Street Southland Corporation dba 7 -Eleven Store #18506, 2302 Falls, Avenue Uban Oil Company dba Lafayette Kerr McGee, 2100 Lafayette Street James S. Klein dba Klein's Korner, 811 Rainbow Drive Pester Derby Oil Company dba Pester Derby, 508 No. Broadway Quik Trip Corporation dba Quik Trip 1536, 117 San Marnan Drive Sunday Sales - Beer Liquor License Applications Class C Bum Steer, Inc. dba Bum Steer, 3251 West 4th Street Adrian Erickson dba Electric Park Lanes, W. Conger & Rainbow Drive Motion carried. 77024 - Moved by Wilharm, seconded by Bowers that application of Quik Trip 1536 for cigarette permit at 117 San Marnan Hwy., be received, placed on file and granted. Motion carried. 77025 - Moved by Bowers, seconded by Getty that the application of Julie Ann Schatz, 1128 Mulberry Apt. 2, for taxicab driver's permit, be received, placed on file and granted. Motion carried. 77026 - Moved by Bowers, seconded by Getty that report of City Attorney and list of bonds filed with Clerk through 9/4/79 be received, placed on file and report and bonds approved. Motion carried. 77027 - Moved by Getty, seconded by Burton that the Council adjourn. Motion carried. September 4, 1979 Katherine Gibbs, City Clerk INN ^�