HomeMy WebLinkAbout08/27/79_1M\ August 27, 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 August 27, 1979. Mayor Rooff in
the Chair. On roll call: Present: Wilharm, Roehr, Penaluna, Getty, Dowie,
Burton, Bowers. Absent: None. Invocation by Councilman Getty.
76952 - Moved by Roehr, seconded by Wilharm that the Agenda, as proposed, for
the Regular Session of August 27, 1979 at 7:00 P.M., be accepted and
approved. Motion carried.
76953 - Moved by Dowie, seconded by Burton that the Minutes of the Regular
Session held August 20, 1979 at 7:00 P.M., be approved. Motion
carried.
76954 - Moved by Wilharm, seconded by Bowers that proof of publication of
notice of public hearing on plans, specifications and proposed form
of contract for UDAG Project Public Improvements, Phase I, Section
1, 2, 3, and 4, Contract No. 175 and the taking of bids for said
improvements, be received and placed on file. Motion carried.
76955 - This being the time and place for hearing, the Mayor called for written
and oral objections, and there were none.
Moved by Bowers, seconded by Roehr that "Resolution confirming the
approval of plans, specifications, etc, for the UDAG Project Public
Improvements, Phase I, Sections 1, 2, 3 and 4, Contract No. 175",
be adopted. Ayes: Seven. Resolution adopted and upon approval by
Mayor, assigned No. 26471.
76956 - Moved by Getty, seconded by Wilharm that "Resolution ordering the
construction of UDAG Project Public Improvements, Phase I, Sections
12 2, 3, and A, Contract No. 175", be adopted. Ayes: Seven. Resol-
ution adopted and upon approval by Mayor, assigned No. 26472.
76957 - Moved by Burton, seconded by Bowers that proof of publication of
notice to contractors or invitation for bids for construction of UDAG
Project Public Improvements, Phase I, Sections 1, 2, 3 and 4, Contract
No. 175, be received and placed on file. Motion carried.
76958 - Moved by Wilharm, seconded by Dowie that the following bids, be re-
ceived, placed on file, Clerk instructed to open and read same:
Amount
Of Bid
Name of Bidder
Amount
of
Bid
Bond
Cedar Falls Const. Co.
Section
I
$482,889.34
10%
Cedar Falls, Iowa
Section
I -Alt.
A
802216.68
Section
2
684,573.29
Section
2 -Alt.
A
237,252.20
Cedar Valley Corporation
Section
1
498,760.82
10%
Waterloo, Iowa
Section
1 -Alt.
A
79,826.05
Section
2
6992452.53
Section
2 -Alt.
A
243,078.29
Irving F. Jensen Co., Inc.,
Section
1
512,174.14
10%
Sioux City, Iowa
Section
1 -Alt.
A
75,317.80
Section
2
707,440.78
Section
2 -Alt.
A
232,691.00
See Electric, Inc.
Section
3
62,003.04
10%
Waterloo, Iowa
Section
4
733,459.75
Motion carried.
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76959 - Moved by Roehr, seconded by Bowers that the above bids be referred
to the Engineers for checking and report back next week. Motion
carried.
76960 - Moved by Penaluna, seconded by Roehr that proof of publication of
Notice of Intention to Issue Industrial Development Revenue Bonds
(Kirk Gross Co. Project) (Not to Exceed $500,000), in the City of
Waterloo, Iowa, as published in Waterloo Courier on 8/10/79, be re-
ceived and placed on file. Motion carried.
76961 - The Mayor announced that one purpose of the meeting was to hold a
hearing on the proposal to issue $500,000 aggregate principal amount
of the City's Industrial Development Revenue Bonds (Kirk Gross Company
Project) Series 1979, pursuant to the provisions of Chapter 419, Code
of Iowa, for the purpose of defraying the cost of acquiring an Indust-
rial Development Project located without said City, consisting of the
acquisition of land at the corner of Murphy Road and Alexander Drive
in the Jim Youngblut addition, and construction of a building and
improvements thereon, and acquisition and installation of certain
equipment suitable for use in the operation of a facility for ware-
housing of building construction material, office equipment and furn-
iture, together with related office and showroom facilities (including
necessary expenses incidental thereto), said facility and equipment to
be owned by Kirk Gross Company, with the proceeds from the sale of
said Bonds being loaned to said corporation, with loan payments suff-
icient to pay principal of and interest and premium, if any, on such
Bonds as the same fall due.
The Mayor then asked if there was any person or persons present to
express views for or against the proposal to issue said Bonds, notice
of said hearing having been published as required by law. Written
objections or,other comments were filed by NO persons. Oral object-
ions or other comments were made by NO persons.
After ample opportunity had been given to all persons to appear at
the hearing to express their views for or against the proposal to
issue the bonds, Council Member Burton proposed the following Resolu-
tion and it was moved by Burton, seconded by Penaluna that "Resolu-
tion approving proceeding with the issuance and sale of Not to Exceed
$500,000 of Industrial Development Revenue Bonds (Kirk Gross Co. Pro-
ject), Series 1979", be adopted. Ayes: Seven. Resolution adopted
and upon approval by Mayor, assigned No. 26473.
76962 - Moved by Roehr, seconded by Bowers that proof of publication of notice
of public hearing on proposal to vacate, sell and convey to First
Federal Savings and Loan Association, a portion of alley between East
Fourth Street and East Fifth Street and Franklin Street and Mulberry
Street, as published in Waterloo Courier on 8/10/79, for $9.60 plus
costs, be received and placed on file. Motion carried.
76963 - This being the time and place for hearing, the Mayor called for
written and oral objections, and there were none.
Moved by Bowers, seconded by Wilharm that "Ordinance vacating a pro
tion of alley between East Fourth Street and East Fifth Street and
Franklin Street and Mulberry Street", be received, placed on file,
considered and passed for the first time. Ayes: Seven. Motion
carried.
76964 - Moved by Wilharm, seconded by Dowie 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: Seven. Motion carried.
August 27, 1979 --%11 .�
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76965 - Moved by Bowers, seconded by Penaluna that "Ordinance vacating a por-
tion of alley between East Fourth Street and East Fifth Street and
Franklin Street and Mulberry Street", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor, assigned No. 3048.
76966 - Moved by Bowers, seconded by Penaluna that "Resolution authorizing
the sale and conveyance of a portion of alley between East Fourth
Street and East Fifth Street and Franklin Street and Mulberry Street
for $9.60 plus costs to First Federal Savings and Loan Association,
and directing and authorizing the Mayor and City Clerk to execute and
deliver a Quit Claim Deed for said property", be adopted. Ayes:
Seven. Resolution adopted and upon approval by Mayor, assigned No.
26474.
76967 - Jerry Butler, 168 Valley Road, reported the Waterworks dug up parking,
added to shut-off valve, loosely packed asphalt in opening, which
has deteriorated and washed out and could damage vehicles, and though
basically covered now, it won't survive the winter freeze, and pre-
sented a picture.
Moved by Roehr, seconded by Burton that the above picture and report
of Jerry Butler, be received, placed on file and referred to the City
Engineer. Motion carried.
76968 - Joe Butler, 167 Letsch Road, asked for suspension of seven day waiting
period on mowing of weeds on the Shadowood property as children have
hayfever and weeds not mowed all summer.
Moved by Roehr, seconded by Wilharm that the above request be received,
placed on file and referred to Sanitation/Health Director and to Park
Department. Motion carried.
76969 - Bob Smith, 726 West First Street, reported last year the parking signs
were on the south side of the 1300 block of Sycamore Street, snow was
piled up so high that cars had to park 3' from the curb, a loading
zone sign was put up on south side of Sycamore Street but tickets were
still being issued.
Moved by Bowers, seconded by Wilharm that the above report be received,
placed on file and referred to Quintin T. Parker of Sign and Traffic
Maintenance Department. Motion carried.
76970 - Moved by Roehr, seconded by Bowers that request of Janet Kalsem for
Council on its own motion to Conditional Zone in a "U-1" Unclassified
District All of Lot 5, Cedar Terrace Addition, north of Belle Street
and west of Southcrest Drive, as shown on attached plat, with an
81.25% consent petition and 18.75% objection petition, together with
City Zoning Commission's recommendation for denial, be received,
placed on file, and date of hearing set as September 17, 1979 at 7:00
P.M. and Clerk instructed to publish notice. Ayes: Seven. Motion
carried.
76971 - Moved by Dowie, seconded by Burton that request of Roger P. Olesen,
et al, for Council on its own motion to rezone 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 shown on attached
plat, for primarily business relocation purposes, together with Iowa
Natural Resources Council letter of approval, and City Zoning Comm-
ission's recommendation for approval, be received, placed on file,
recommendation approved, date of hearing set as September 17, 1979
at 7:00 P.M. and Clerk instructed to publish notice. Motion carried.
August 27, 1979
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76972 - Moved by Bowers, seconded by Getty that communication from Plan and
Program Commission, transmitting request of Wallace Butler, Atty.
for Lorraine Hurlbut, widow of A. R. Hurlbut, for vacation and con-
veyance of a portion of alley in Block 12, Conger Park, in exchange
for other real estate conveyed to the City by A. R. Hurlbut by deed
dated August 20, 1952, for the purpose of clarifying the original sale
procedure had in September, 1952, and recommending approval, be re-
ceived, placed on file, approved and "Resolution fixing the time and
place of hearing as September 10, 1979, on proposal to vacate, dis-
pose of and convey a portion of alley in Block 12, Conger Park to
Lorraine Hurlbut, widow of A. R. Hurlbut", adopted, and Clerk instruct-
ed to publish notice of hearing. Ayes: Seven. Resolution adopted
and upon approval by Mayor, assigned No. 26475.
76973 - Moved by Burton, seconded by Bowers that communication from Heating
Inspector, reporting Oscar Hansen & Sons, Heating Contractors, were
going out of business and requesting refund of $6.00 deposit fee, be
received, placed on file and refund granted. Ayes: Seven. Motion
carried.
76974 - Moved by Burton, seconded by Penaluna that request of Harold D. Whit -
sell for permission to construct a temporary concrete driveway at
623 Orange Grove 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 Har-
old D. Whitsell and authorizing construction of a temporary concrete
driveway at 623 Orange Grove Avenue, irrespective of a later official
grade", adopted. Ayes: Seven. Resolution adopted and upon approval
by Mayor, assigned No. 26476.
76975 - Moved by Burton, seconded by Penaluna that request of Beemac, Inc.
for permission to construct a temporary concrete driveway at 224 West
Ridgeway to serve National Plaza 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 Beemac, Inc. and authorizing construction of a temporary concrete
driveway at 224 West Ridgeway to serve National Plaza, irrespective
of a later official grade", adopted. Ayes: Seven. Resolution
adopted and upon approval by Mayor, assigned No. 26477.
76976 - Under Council Action #76927 of 8/20/79, the Council was to determine
the time and place for a further public hearing on Not to Exceed
$10,500,000 Hospital Facilities Revenue Bonds (St. Francis Hospital
Project) Series 1979. Louis Beecher, Atty. for St. Francis Hospital,
stated out of an abundance of caution, it was decided to have a new
public hearing; the amount was increased to $11,000,000 for cushion
on interest and building costs.
Moved by Burton, seconded by Bowers that "Resolution fixing a date
for hearing on proposed Hospital Facilities Revenue Bonds, Series
1979 (St. Francis Hospital Project)", be adopted, and date of hearing
set as September 17, 1979 at 7:00 P.M. in the Council Chambers in
City Hall. Ayes: Seven. Resolution adopted and upon approval by
Mayor, assigned No. 26478.
76977 - Moved by Roehr, seconded by Wilharm that communication from Plan and
Program Commission, transmitting a site plan for Lot 7, Regency
Acres, southeast of intersection of Westchester Road and Bradley Court,
a "R -4,R -P" District, for nine apartment units purposes, and recom-
mending approval, and on Council's own motion, be received, placed
on file,` approved and date of hearing set as September 17, 1979 at
7:00 P.M. in City Hall and Clerk instructed to publish notice.
Motion carried.
August 27, 1979 '`�
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76978 - Discussed was starting of foundation before approval of the site plan
for Lot 7, Regency Acres. Asst. City Attorney Kennedy advised if ne,
Keith Stokes, was concerned, he best not venture as it has been made
clear he is just out if he starts foundation and site plan not ap-
proved. It was agreed that automatically the ground be put back as it
was.
Moved by Bowers, seconded by Dowie that a foundation permit be con-
tracted with Plan and Program Commission. Motion carried.
76979 - Moved by Roehr, seconded by Bowers that Change Order No. 1 for
Castle Hill Drainage Improvements Phase I -- Westbourne Road, Con-
tract No. 85, for additional work at an additional cost of $637.33,
by Lehman Trucking & Excavating, 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.
76980 - Moved by Bowers, seconded by Roehr that Change Order No. 5 for F.Y.
1979 Paving Program No. 2, Contract No. 170, for additional work
at an additional cost of $6,938.00, 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.
76981 - Moved by Roehr, seconded by Penaluna that First Supplement to Construc-
tion Permit No. 79-399-S & 79-408-W Sanitary Sewer and Water Main
Extension for George Wyth State Park from Iowa Department of Envir-
onmental Quality, subject to certain conditions & requirements, be
received and placed on file. Motion carried.
76982 - Moved by Dowie, seconded by Burton that communication from Plan and
Program Commission, transmitting a Quit Claim Deed from following
residents of Southland Park Second Addition conveying unto the City
of Waterloo certain open space land dedicated to the Board of Park
Commissioners for park purposes, be received, placed on file and
"Resolution approving and accepting a Quit Claim Deed and directing
the Clerk to have same recorded", adopted, subject to various stip-
ulations of the Board of Park Commissioners: Dean A. Myhr and Mary-
ann H. Myhr, husband and wife, Marlys J. Kiel, single, Lawrence A.
Dahl and Lois Elaine Dahl, husband and wife, Vern D. Nelson, Jr., and
Jody A. Nelson, husband and wife, Richard L. Hansen and Jean A. Wag-
ner, husband and wife, David J. Freese, single, Leonard L. Clarke and
Marilyn K. Clarke, husband and wife, Janice M. Burke, single, S. De -
Wayne Guernsey and Jeanette A. Guernsey, husband and wife, Clarion
E. Shriver and Nancy L. Shriver, husband and wife, Earl P. Spencer,
single, Scott R. Nelson and Marsha J. Nelson, husband and wife, George
0. Cooley and Edith M. Cooley, husband and wife, Steven C. Lingua,
single, Gary D. Brandt, single, Kathleen McCoy, single, Roger K.
Robinson, single, Phillip G. Good and Rosann R. Good, husband and wife,
James L. McGreevey, single, Kevin L. Seward and Tanya L. Seward, hus-
band and wife, Douglas W. Arjes, single, Gerald G. Bonneson, single,
Southland Park, Inc., an Iowa corporation, and Diamond Construction,
Inc., an Iowa corporation. Ayes: Seven. Resolution adopted and
upon approval by Mayor, assigned No. 26479.
76983 - Moved by Bowers, seconded by Dowie that "An Ordinance amending Ord-
inance No. 2479, known as the zoning ordinance, by repealing:
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 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
August 27, 1979
IM.
76983 - (Continued)
XXI, Special Provisions; and enacting in lieu thereof new: Defin-
ition 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
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 Pro-
visions; and by adding new: Definition of "Motel" to Section 2A-3,
Definitions, under Part III; Subsection 26 to Section 2A-27, Regul-
ations, under Part XIII, "C-2" Commercial District; and Subsection 12
to Section 2A-30, Regulations, under Part XIV, "C-3" Commercial Dis-
trict", be received, placed on file, considered and passed for the
first time. Ayes: Seven. Motion carried.
76984 - Moved by Roehr, seconded by Getty that statement for engineering
services for Contract No. 165, and City Engineer's recommendation
for approval, be received, placed on file and "Resolution approving
and accepting statement dated 8/16/79 from Brice, Petrides & Associates,
Inc., for engineering services for West Ridgeway Avenue Street Project,
Phase II, Contract No. 165, and authorizing payment accordingly",
adopted. Ayes: Seven. Resolution adopted and upon approval by
Mayor, assigned No. 26480.
76985 - Moved by Burton, seconded by Bowers that statement for engineering
services for Contract No. 12, and City Engineer's recommendation
for approval, be received, placed on file and "Resolution approving
and accepting statement dated 8/16/79 from Brice, Petrides & Assoc-
iates, Inc., for engineering services for West Ridgeway Avenue Bridge
Replacement Project, Contract No. 12 and authorizing payment accord-
ingly", adopted. Ayes: Seven. Resolution adopted and upon approval
by Mayor, assigned No. 26481.
76986 - Moved by Getty, seconded by Wilharm that "Resolution, Bills", be adopt-
ed. Ayes: Seven. Resolution adopted and upon approval by Mayor,
assigned No. 26482.
76987 - Moved by Penaluna, seconded by Bowers that communication from Annette
Dietz resigning as Executive Director of Clean Community Commission,
effective October 1, 1979 and entitlement to 20 days vacation pay, be
received, placed on file, and "Resolution approving payment of $864.00
vacation pay to Annette Dietz, Resignee as Executive Director of Clean
Community Commission", adopted. Ayes: Seven. Resolution adopted
and upon approval by Mayor, assigned No. 26483.
76988 - The proposed curb cut ordinance was discussed; if controversy with
City Engineer, the request for curb cut or temporary driveway can be
presented to Council, who would have the last decision. Recording
fees were mentioned and Mayor Rooff suggested fee schedules be worked
up.
Moved by Burton, seconded by Getty that communication from Plan and
Program Commission, transmitting a proposed curb cut ordinance, be
received, placed on file, and referred to the City Attorney for re-
view with a report back on September 10,1979. Motion carried.
76989 - Moved by Getty, seconded by Roehr that communication from City Engin-
eer, requesting Resolution No. 26455 of August 13, 1979, approving
Completion Report, accepting the work, etc. for Martin Road and Cedar
Terrace Drive Drainage Structure Improvements, Contract No. 100, be
August 27, 1979
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76989 - (Continued)
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rescinded, be received, placed on file and "Resolution rescinding
Resolution No. 26455 of August 13, 1979 and approving Estimate No.
4 Report as to work and materials furnished by Dale J. Clark Contract-
ing Company for Martin Road and Cedar Terrace Drive Drainage Structure
Improvements, Contract No. 100, and authorizing payment accordingly",
adopted. Ayes: Seven. Resolution adopted and upon approval by
Mayor, assigned No. 26484.
76990 - Moved by Roehr, seconded by Wilharm that following requests for per-
mission to attend functions, with expenses allowed not to exceed
amount shown, be received, placed on file and approved:
Two Police personnel to Hawkeye Institute of Technology, Waterloo,
Iowa, September 10 thru 21, 1979, $51.50 each;
Two Police personnel to Iowa Law Enforcement Academy, Johnston, Iowa,
September 4 thru October 26, 1979, $425.00 each;
Fire Chief to IAFC 106th Annual Conference, Missouri Valley Division,
Kansas City, Missouri, September 16 thru 20, 1979, $390.00;
Electrical Inspector to Western Section Int. Assoc. of Elect. Insp.
Meeting, Oklahoma City, Oklahoma, September 23 thru 26, 1979, $409.00.
Ayes: Seven. Motion carried.
76991 - Moved by Wilharm, 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 C
Quik Trip Corporation dba Quik Trip #502, 3012 Ansborough Avenue
Cullen Crawford dba Crawford's Laundromat & Grocery, 523 Logan Avenue
Beer Liquor License Application
Class C _
Ladonna Marter dba Porky's Red Carpet Supper Club & Lounge, 1409
Newell Street
Sunday Sales - Beer Permit Applications - Class C
Quik Trip Corporation dba Quik Trip #502, 3012 Ansborough Avenue
Cullen Crawford dba Crawford's Laundromat & Grocery, 523 Logan Avenue
Sunday Sales - Beer Liquor License Application - Class C
Ladonna Marter dba Porky's Red Carpet Supper Club & Lounge, 1409
Newell Street
Motion carried.
76992 - Moved by Burton, seconded by Getty that the application of The
Waterloo Baseball, Inc. for permission to stage a fireworks display
at the Municipal Stadium following the ball game on August 30, 1979
with alternate date of either August 31 or September 1, 1979, be
received, placed on file and permission granted. Motion carried.
76993 - Moved by Bowers, seconded by Getty that report of City Attorney and
list of bond filed with Clerk through 8/27/79 be received, placed on
file and report and bond approved. Motion carried.
76994 - Moved by Getty, seconded by Wilharm that the Council adjourn.
Katherine Gibbs,
City Clerk
August 27, 1979