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HomeMy WebLinkAbout08/09/79August 6, 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 6, 1979. Mayor Rooff in the Chair. On roll call: Present: Bowers, Burton, Dowie, Getty, Roehr. Absent: Penaluna, Wilharm. Invocation by Councilman Getty. 76807 - Moved by Roehr, seconded by Bowers that the Agenda, as proposed for the Regular Session of August 6, 1979 at 7:00 P.M., be accepted and approved. Motion carried. 76808 - Moved by Bowers, seconded by Dowie that the Minutes of the Regular Session held July 23, 1979 at 7:00 P.M., be approved. Motion carried. 76809 - Moved by Roehr, seconded by Bowers that proof of publication of notice of public hearing on site plan for Waterloo Public Library for building within block bounded by Cedar Street, Park Avenue, Commercial Street and West Third Street, upon recommendation of Plan and Program Commis- sion and on Council's own motion, as published in Waterloo Courier on 7/20/79, be received and placed on file. Motion carried. 76810 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Getty, seconded by Bowers that "Resolution approving the site plan for Waterloo Public Library within block bounded by Cedar Street, Park Avenue, Commercial Street and West Third Street", be adopted. Ayes: Five. Absent: Wilharm, Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 26441. 76811 - Moved by Bowers, seconded by Getty that communication from City Engineer, submitting the following two proposals for purchase of a Hydraulic Exca- vator for use by Street, Sewer, Park, Electrical and Engineering Depart- ments, and recommending acceptance of low proposal of Herman M. Brown Company, Des Moines, Iowa, in the amount of $92,000.00, be received, placed on file, recommendations approved and said bid accepted in accordance therewith, and authorizing issuance of purchase order and warrant in payment thereof: Bidder Amount Herman M. Brown Company, Des Moines, Iowa $9.00 Case Power & Equipment, Cedar Falls, Iowa $94,995.00 Ayes: Five. Absent: Wilharm, Penaluna. Motion carried. 76812 - Robert Dieter, Atty. for Capitol Savings and Loan Association and Les Timmerman, requested (1) reconsideration of the denial (see Council Action #76667 of 7/9/79) of rezone from "R-3, R -P" Planned Residence District to "M-1" Light Industrial District of 80 acres in Section 11 -89N -13W east of Burton Avenue and 520' south of Airline Hiway, and (2) to narrow the request to approximately 40 to 45 acre parcel. Dis- cussed were unsuitability for residences, adaptability for open builders industrial park; six months clause that no new petition covering that parcel or that parcel and additional land could be presented to Zoning Commission; potential of lawsuit; sufficient change provision not in ordinance, etc. City Attorney Hultman stated the proper route to proceed was -for a motion to reconsider to bring back on the floor as the Council had previously made the motion to reconsider, then the request would go back to Zoning Commission and not have to wait six months as the Coun- cil would have a public hearing and people could be heard. Moved by Dowie, seconded by Bowers that Council Action #76667 of 7/9/79 denying the request of Capitol Savings and Loan Association to rezone from "R-3, R -P", Planned Residence District, to "M-1" Light Industrial District 80 acres in Section 11 -89N -13W east of Burton Ave- nue and 520' south of Airline Hiway, be reconsidered, rescinded, date of hearing set as August 27, 1979 on the request for narrowed parcel of approximately 40 to 45 acres, to "M-1" Light Industrial District and referred to the Zoning Commission with a report back on outlying perimeter and the entire parcel on August 13, 1979. Ayes: Dowie ,Burton, Bowers. Nays: Roehr, Getty. Absent: Wilharm, Penaluna. Motion not carried. -2- 76813 - Merlin L. and Eileen McFee, 1645 Plymouth Avenue, requested cancell- ation of 1976 sewage disposal assessment against 1909 Mulberry Street in amount of $15.68 plus interest and penalty as it did not appear on abstract of June 7, 1977. Discussed was certification by City to County Auditor and not processed immediately to County Treasurer. Moved by Getty, seconded by Bowers that the above request be received, placed on file and said assessment cancelled. Ayes: Five. Absent: Wilharm, Penaluna. Motion carried. 76814 - Jon Fister, Atty. for Management of Eastgate Estates and Mobile Home Park, presented a petition from Harold and Dorothy Vestal, 525 Eastgate Drive, et al, for attention to Blowers Creek, entrance to culverts under Dearborn Street, and clearance under the railroad bridge and Highway 20. Mayor Rooff reported the cost to solve the drainage problem was esti- mated at $4,000,000 and the Corps of Engineers, today, said it would fund about $3,300,000 of said costs, taking out the railroad bridge, highway bridge, bottlenecks and rebuild from Independence Avenue to the mobile homes, which could be 2 to 3 years away. He noted a machine had been authorized for purchase to clean and do whatever the City could, the City was aware of the problem, and sandbags would be kept ready. Council Member Bowers pointed out that the City had received the last easement and could start Wednesday to work on the bridge. Moved by Bowers, seconded by Burton that the above petition be received and placed on file. Motion carried. 76815 - Mrs. Jerry Wallace, 3857 Wagner Road, asked for a gate, which could be opened, to be installed in the airport fence, which backed water up and filled her basement, and which she cut after calling the airport for relief, which was not given. Mayor Rooff stated the Police had to go out with a Commissioner as he had been threatened, which no one had the right to do. He and an engineer would look the situation over tomorrow. 76816 - Ben Linnenkamp, 635 Wyoming Street, presented a petition for 25 MPH speed limit and 5 ton load limit on newly paved Wyoming Street. Moved by Bowers, seconded by Dowie that the above petition be received, placed on file and referred to Quintin T. Parker for study. Motion carried. 76817 - Elizabeth Johnson, 1950 Lafayette Street, asked if an ordinance on massage parlors or technicians was coming before the Council this month and the Mayor did not know of any. 76818 - Alvin Bernett, 3001 Mulberry Street, mentioned the drainage problem on Mulberry and Short Streets, which the City was trying to dry out. 76819 - Moved by Burton, seconded by Bowers that request of Martin Realtors, Inc. for permission to appear before Mayor and Council on August 6, 1979, regarding the flood control project at West 12th Street and Black Hawk Street, be received, placed on file and granted. Motion carried. 76820 - Merle and Val Martin presented a petition from property owners along Black Hawk Street objecting to salvage yard being rebuilt in 1300 block of Black Hawk Road. Moved by Burton, seconded by Bowers that the above petition, be received, placed on file and referred to Plan and Program Director, Building Official and Health/Sanitation Director with a report back August 13, 1979. Motion carried. 76821 - Moved by Dowie, seconded by Burton that request of First Federal Sav- ings and Loan Association for vacation, sale and conveyance of portion of alley between East Fourth Street and East Fifth Street and Frank- lin Street and Mulberry Street, for $9.60 plus costs, and Plan and Program Commission's recommendation for approval, be received, placed on file and Resolution fixing the time and place of hearing as August 27, 1979 in City Hall on proposal to vacate, sell and convey a portion of alley between East Fourth Street and East'Fifth Street and Franklin Street and Mulberry Street", adopted and Clerk instructed to publish noticrof hearing. " August 6, 1979 r 76821 - (Continued) Ayes: Five. Absent: Wilharm, Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 26442. 76822 - Moved by Bowers, seconded by Getty that communication from City Engineer, transmitting a petition from C.C. Smith, 526 Ash Street, et al, representing 59% of the property owners, for paving of 500 and 600 blocks of Ash Street under the Block Grant program, and recommending approval when said funds are available, be received, placed on file and referred to the Community Development Board. Motion carried. 76823 - Moved by Roehr, seconded by Burton that communication from City Engineer, transmitting petition of Mr. and Mrs. Woodrow Petrie, 152 Thomas Avenue, et al, representing 100% of affected property owners, as shown on attached plat, for asphalt paving of Thomas Avenue, and recommending approval when funds are available, be received, placed on file and ordered in the next paving program. Motion carried. 76824 - Community Development Administrator Mercer stated 700 block, Boston Avenue, was not in a strategic area for block grant program. Moved by Getty, seconded by Roehr that communication from City Engineer, transmitting petition of Kerry Eckenrod, 753 Boston Avenue, et al, representing 62% of affected property owners, as shown on attached plat, for asphalt paving of 700 block of Boston Avenue, and recommending approval when funds are available, be received, placed on file and ordered included in the next paving program. Motion carried. 76825 - Moved by Getty, seconded by Bowers that request of Deere & Company for permission to construct one 8' x 400' courtesy drive (drop-off or parking lane) on Westfield Avenue near Vaughan Street, as shown on attached plat, and City Engineer's recommendation for approval subject to the provisions and additional conditions of his letter, be received, placed on file, recommendations approved and permission granted in accordance therewith. Motion carried. 76826 - Moved by Bowers, seconded by Getty that request from Ringle Express, Inc., for permission to construct one 70' commercial drive at 2950 Newell Street as shown on attached plat, to serve truck terminal, 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. 76827 - Moved by Bowers, seconded by Dowie that request of Robert W. Dana for permission to construct a temporary asphalt driveway at 549 Helmet 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 Robert W. Dana and authorizing construction of a temporary asphalt driveway at 549 Helmet Avenue, irrespective of a later official grade", adopted. Ayes: Five. Absent: Wilharm, Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 26443. 76828 - Moved by Dowie, seconded by Roehr that communication from Norbert A. Retterath, 313 Westbourne Road, requesting his garage problem due to reconstruction of Westbourne Road and resulting change in grade of driveway be resolved, be received and placed on file. Motion carried. 76829 - Mayor Rooff reported a registered architect submitted a solution at an estimated cost of $6,500, this was offered to Norbert Retterath, who did not agree, and the offer was withdrawn when Mr. Retterath stated this was an example of "government steam rolling". It was pointed out that if Mr. Retterath had not signed an easement, this would have gone to condemnation. Norbert Retterath reviewed the Dast proceedings. Moved by Getty, seconded by Bowers that the Council convene in a closed executive session because of legal ramifications. Ayes: Five. Absent: Wilharm, Penaluna. Motion carried. August 6, 1979 -4 - COUNCIL NOW IN CLOSED EXECUTIVE SESSION. 76830 - Moved by Bowers, seconded by Roehr that the Council reconvene in regular session. Ayes: Five. Absent:. Wilharm, Penaluna. Motion carried. 76831 - Moved by Burton, seconded by Bowers that Alternate #1 be accepted, Norbert A. Retterath, 313 Westbourne Road, offered $6,500.00 in full settlement and the City Attorney instructed to draw and submit an agreement upon Norbert A. Retterath's acceptance. Ayes: Five. Absent: Wilharm, Penaluna. Motion carried. 76832 - Norbert A. Retterath mentioned driveway replacement and variances. There was further discussion and Mr. Retterath was told he could do whatever he wished with the $6,500.00; he was not pleased; Mayor Rooff asked Council if they wished to pay more and after third call, announced the matter closed, the Council had offered $6,500.00 and now awaited Mr. Retterath's reply. 76833 - Moved by Dowie, seconded by Roehr that communication from Plan and Program Commission, giving progress report on proposed solutions of garage problem of Norbert A. Retterath, 313 Westbourne Road, be received and placed on file. Motion carried. 76834 - Moved by Burton, seconded by Bowers that communication from Quintin T. Parker, Sign & Traffic Maintenance Department, reporting on the request from First Federal Savings & Loan Association for reversing the traffic in the alley between East Fourth and East Fifth Streets and Mulberry and Franklin Streets, and recommending approval, be received, placed on file, approved and City Attorney instructed to submit an ordinance in accordance therewith. Motion carried. 76835 - Moved by Dowie, seconded by Roehr that City Treasurer's Report for July, 1979, showing Balance on hand 7/1/79 $21,658,465.31, + Receipts - Taxes $140,041.24, + Receipts - City Clerk $464,750.32, + Receipts - City Treasurer $1,848,126.71, + Receipts - Transfers $159,195.28, - Disbursements $6,508,117.09, Balance on Hand 7/31/79 $17,762,461.77 be received, placed on file and approved. Motion carried. 76836 - Moved by Roehr, seconded by Burton that communication from City Engin- eer, transmitting a Petition and Waiver from Roy G. Avis and Wanda L. Avis, 327 South Hackett Road, for additional underground work to be constructed under F.Y. 1979 Paving Program No. 2, Contract No. 170, and recommending receiving and placing on file, be received, placed on file, and approved and accepted, and City Engineer instructed to proceed accordingly. Motion carried. 76837 - Moved by Roehr, seconded by Dowie that communication from Police Chief, transmitting Lease for Waterloo Police Training Center, i.e. Hewitt School, with Waterloo Community School District in the County of Black Hawk, State of Iowa, for five year period of August 1, 1979 thru July 31, 1984, for annual rental sum of $500.00, be received, placed on file and action deferred until August 13, 1979. Motion carried. 76838 - Moved by Bowers, seconded by Burton that communication from City Engineer, transmitting Governor's Highway Safety Office Contract, dated 8/6/79, between Office for Planning and Programming/Governor's Highway Safety Office, the Office of Road Design, and City of Waterloo, for Traffic Engineering Study of thirty intersections in the City of Waterloo, and recommending approval, be received, placed on file, approved and Mayor authorized and directed to execute same. Motion carried. 76839 - Moved by Burton, seconded by Bowers that communication from City Engineer, transmitting Engineering Agreement for Traffic Engineering Services by Booker Associates, Inc., dated 8/6/79, and recommending approval, be received, placed on file, approved and Mayor and City Clerk authorized and directed to execute same. Motion carried. 76840 - Moved by Roehr, seconded by Burton that proposal dated 8/6/79 from Robinson Engineering Company for a drainage study for the area bounded by University Avenue on the south, Carriage Hill Road on the north, Stephan Avenue on the east, and a ridge on the west approximately at 1�\ . August 6, 1979 -5- 76840 —(Continued) "Big Country Property", and City Engineer's recommendation for app- roval, be recieved, placed on file and "Resolution approving Proposal for Drainage Study by Robinson Engineering Company", adopted, and Mayor and City Clerk authorized and directed to execute same. Ayes: Five. Absent: Wilharm, Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 26444. 76841 - Moved by Getty, seconded by Burton that Preliminary Plat of Bronson First Addition with Deed of Dedication, report of City Engineer, report of Brice, Petrides & Associates, Inc. regarding the plat's effect on the storm and sanitary sewer system, Plan and Program Comm- ission's resolution of approval and its recommendation for Council approval, be received, placed on file and "Resolution approving the Preliminary Plat of Bronson First Addition, Waterloo, Black Hawk County, Iowa", adopted. Ayes: Five. Absent: Wilharm, Penaluna. Resolution adopted and upon approval. by Mayor, assigned No. 26445. 76842 - Moved by Dowie, seconded by Bowers that the following Construction Permits from Iowa Department of Environmental Quality, subject to cer- tain conditions and requirements, be received, placed on file and approved: No. 79-392-S for Sanitary Sewer Extension to West Ridgeway Avenue & Martin Road; No. 79-390-S for Sanitary Sewer Extension to Granger's Second Addition; No. 79-389-S for Sanitary Sewer Extension to Crossroads Estates; Off -Site Sanitary Sewer. Motion carried. 76843 - Moved by Burton, seconded by Getty that Termination Agreement dated 7/16/79 with John Gillespie and Eddie Denton and the Waterloo Housing Authority/Waterloo Chamber of Commerce, Acting Agent, removing 502- 5022 Almond Street from the Section 23 Leased Housing Programs IA -50- 1&2, be received, placed on file and "Resolution by the City Council of the City of Waterloo, Iowa as Waterloo Housing Authority, approving the Termination Agreement dated July 16, 1979 between John Gillespie and Eddie Denton, Lessors, and the Waterloo Housing Authority by its Management Agent, The Waterloo Chamber of Commerce", adopted. Ayes: Five. Absent: Wilharm, Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 26446. 76844 - Moved by Roehr, seconded by Bowers that "An Ordinance amending Ordinance No. 2644, known as the Traffic Ordinance, by repealing Subsections (37), (37a) and (38) of Section 541, Increasing Speed Limits in Certain Areas, and enacting in lieu thereof new Subsection (37) Fourth Street (West) to Section 541; by adding new Subsections (43a) Hoff Road and (43b) Hoff Road to Section 541; by adding new Subsection (97a) Upland Avenue to Section 543, Thru Streets; and by adding new Subsection (32b) Brockway Road to Section 551, Parking Prohibited At All Times on Certain Streets", be received, placed on file, considered and passed for the second time. Ayes: Five. Absent: Wilharm, Penaluna. Motion carried. 76845 - Moved by Burton, seconded by Dowie that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding pub -Section No. 166 to Section 2A-5, rezoning certain property", be received, placed on file, consid- ered and passed for the third time and now placed on its final adoption. Ayes: Five. Absent: Wilharm, Penaluna. Motion carried. 76846 - Moved by Bowers, seconded by Burton that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 166 to Section 2A-5, rezoning certain property", be adopted. Ayes: Five. Absent: Wilharm, Penaluna. Ordinance adopted and upon approval by Mayor, assigned No. 3044. August 6, 1979 I. 76847 - Moved by Getty, seconded by Dowie that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 167 to Section 2A-5, rezoning certain property", be received, placed on file, con- sidered and passed for the third time and now placed on its final adoption. Ayes: Getty, Dowie, Burton, Bowers. Nays: Roehr. Absent: Wilharm, Penaluna. Motion carried 76848 - Moved by Bowers, seconded by Burton that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 167 to Section 2A-5, rezoning certain property", be adopted. Ayes: Getty, Dowie, Burton, Bowers. Nays: Roehr. Absent: Wilharm, Penaluna. Ordinance adopted and upon approval by Mayor, assigned No. 3045. 76849 Moved by Getty, seconded by Roehr that "Resolution fixing a date for hearing on proposed Industrial Revenue Bonds, Series 1979 (Kirk Gross Co. Project)", adopted and date of hearing set as August 27, 1979 at 7:00 P.M. in the Council Chambers in City Hall. Ayes: Five. Absent: Wilharm, Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 26447. 76850 - Moved by Roehr, seconded by Dowie that "Resolution by the City Council of the City of Waterloo, Iowa as Waterloo Housing Authority, approving the 1979-80 Fiscal Year Budget for the Section 23 Leased Housing Pro- gram IA -50-1 and IA -50-2", be adopted. Ayes: Five. Absent: Wilharm, Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 26448. 76851 - Moved by Dowie, seconded by Getty that "Resolution approving and con- firming that the City of Waterloo will reimburse the $5,000 maid by City Official under Item D, Self Insured Retention, of Public Official Liability Insurance Policy No. 78070282 -UM, effective July 29, 1979 to July 29, 1980", be adopted. Ayes: Five. Absent: Wilharm, Pena- luna. Resolution adopted and upon approval by Mayor, assigned No. 26449. 76852 - Moved by Bowers, seconded by Burton that Brice, Petrides & Associates, Inc., be instructed to prepare plans, specifications, form of contract, estimated cost, etc. for Downtown UDAG Project, Public Improvements, Phase I - Contract No. 175. Motion carried. 76853 - Moved by Getty, seconded by Bowers that plans specifications form of contract, estimated cost, etc., for Downtown UDAG Project, Public Improvements, Phase I, Contract No. 175, be received, placed on file and "Resolution preliminarily approving plans, specifications, form of contract, estimated cost, etc., for Downtown UDAG Project, Public Improvements, Phase I, Contract No. 175", adopted. Ayes: Five. Absent: Wilharm, Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 26450. 76854 - Moved by Roehr, seconded by Getty that Clerk be instructed to publish the notice of public hearing on plans, specifications, etc. and taking of bids for Downtown UDAG Project, Public Imnrovements, Phase I, Con- tract No. 175, said date of hearing being set as August 27, 1979 at 7:00 P.M. Motion carried. 76855 - Moved by Roehr, seconded by Bowers that Clerk be instructed to publish notice for taking of bids for Downtown UDAG, Project, Public Improve- ments, Phase I, Contract No. 175, and said date set as August 27, 1979 at 7:00 P.M. in Council Chambers. Motion carried. 76856 - Moved by Burton, seconded by Getty that communication from Supt. of Streets, reporting termination of Randy Broadway, effective July 30, 1979, and entitlement of 131 hours sick leave and 40 hours vacation ay, be received, placed on file and "Resolution approving payment of W7.86 sick leave and vacation pay to Randy Broadway of Street Depart- ment", adopted. Ayes: Five. Absent: Wilharm, Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 26451. 76857 - Moved by Burton, seconded by Dowie that communication from City Engin- eer, transmitting a list of streets to be included in the Supplemental Paving Program, and recommending approval, be received, placed on file, approved and the following streets ordered included in the F.Y. 1980 Paving Program No. 1, Contract No. 176: August 6, 1979 d r 76857 - (Continued) STREET Eleanor Drive Johnson Street Helen Road Allen Street Hall Avenue Forest Avenue Martha Street Lobdell Road Motion carried. -7- FROM Downing Avenue Ninth Street, West Cardinal Drive 264 feet Midland Street Ninth Street, West Williston Avenue Castle Street TO Sager Avenue Williston Avenue Rainbow Drive Lucas Street iammond Avenue Forest Avenue Rainbow Drive 76850 - Moved by Burton, seconded by Dowie that communication from Plan and Program Commission, transmitting request of Waterloo Park Board to abondon the private street, Lollipop Lane, and recommending approval as not needed for access purposes, be received, placed on file, app- roved and City Attorney instructed to submit an ordinance accordingly. Motion carried. 76859 - Moved by Getty, seconded by Roehr that following request for permission to attend functions, with expenses allowed not to exceed amounts shown, be received, placed on file and approved: Senior Traffic Signal Technician to session on indoctrination in the DP900 digital, solid state, traffic actuated controller, Austin, Texas, October 8 thru 12, 1979, $538.05 Building Official to Neighborhood Housing Services Conference, Minn- eapolis, Minnesota, September 9 thru 12, 1979, $190.00. Ayes: Five. Absent: Wilharm, Penaluna. Motion carried. 76860 - Moved by Bowers, seconded by Getty that following applications for Beer Liquor Licenses, be received, placed on file, approved and endor- sed applications forwarded to the Iowa Beer and Liquor Control Depart- ment: Beer Liquor License Applications Crass C Becker Chapman American Legion Post f138, 619 Franklin Street The Dugout, Inc., 1125 West Donald Street Sunday Sales - Beer Liquor License Application Class C The Dugout, Inc., 1125 West Donald Street Motion carried. 76861 - Moved by Roehr, seconded by Getty that the application of Virgil Tyrone Burton, 415 East 2nd Street, for Ambulance Attendant permit, be received, placed on file and granted. Motion carried. 76862 - Moved by Bowers, seconded by Getty that the application of Kenneth Morgensen dba Morg's Lunch, for a cigarette permit at 520 Mulberry Street, be received, placed on file and granted. Motion carried. 76863 - Moved by Getty, seconded by Bowers that application of Jeanne Noble, 1013 Mulberry Street, for massage technician permit, be received, pla- ced on file and granted subject to the requirements of ordinance gov- erning same. Motion carried. 76864 - Moved by Bowers, seconded by Dowie that report of City Attorney and list of bonds filed with Clerk through 8/6/79 be received, placed on file and report and bonds approved. Motion carried. 76865 - Moved by Burton, seconded by Dowie that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk August 6, 1979