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HomeMy WebLinkAbout06/25/79June 25, 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 June 25, 1979. Mayor Rooff in the Chair. On roll call: Present: Bowers, Burton, Dowie, Getty, Penaluna, Roehr, Wilharm. Absent: None. Invocation by Councilman Wilharm. 76527 - Moved by Dowie, seconded by Burton that the Agenda, as amended, for the Regular Session of June 25, 1979 at 7:00 P.M., be accepted and approved. Motion carried. 76528 - Plan and Program Director Franke requested that Item 7 of Council Action #76454 of 6/11/79 be stricken from the minutes and inserted in lieu thereof the words "7. Any lighting be directed away from any residential property". Moved by Burton, seconded by Bowers that the above request be received, placed on file and the Minutes of June 11, 1979 at 7:00 P.M. be amended in accordance therewith and approved as amended. Motion carried. 76529 - Moved by Roehr, seconded by Dowie that the transcript dated 6/7/79 for public hearing on Beer and Liquor License Class C and Sunday Sales applications of Billiards Pocket Lounge, Inc. dba The Pocket, 3295 University Avenue, prepared by Court Reporter Kim Burke, be received and placed on file. Motion carried. 76530 - Mayor Rooff announced the Council Members have read the original transcript of the June 7, 1979 public hearing on Beer and Liquor License Class C and Sunday Sales of Billiards Pocket Lounge, Inc. dba The Pocket, 3295 University Avenue. Mentioned in the discussion were the traffic and parking problems; happenings outside of building; harassment of Mr. and Mrs. Hoag; residents not wanting to put Lounge out of business or revoking license; complaint petition signed by residents in two to three block area; whether beer and liquor license is culprit; properly zoned; responsibility of establishment as to what goes on outside, etc. After due consideration, it was moved by Getty, seconded by Penaluna that the renewal Class C and Sunday Sales Beer Liquor applications of Billiards Pocket Lounge, Inc. dba The Pocket, 3295 University Avenue, be approved. Ayes: Bowers, Burton, Dowie, Getty, Penaluna, Wilharm. Nays: Roehr. Motion carried. 76531 - Moved by Wilharm, seconded by Bowers that proof of publication of Notice of Public Hearing on Intention to Issue Industrial Development Revenue Bonds (United Beverages, Inc. Project), as published in Waterloo Courier on 6/8/79, be received and placed on file. Motion carried. 76532 - The Mayor announced that the purpose of the meeting was to hold a public hearing on the proposal to issue not to exceed $700,000 aggregate principal amount of the City's Industrial Development Revenue Bonds (United Beverages, Inc. Project) Series 1979, pursuant to the provisions of Chapter 419, Code of Iowa, for the purpose of defraying all or a portion of the cost of acquiring, constructing, improving and equipping an industrial development project located with said City, consisting of the acquisition of land, and constructing, improving and equipping thereon facilities for storing, warehousing and distributing beverages and related products. It is proposed that the proceeds from the sale of said Bonds be loaned by the City to United Beverages, Inc., with loan payments sufficient to pay principal of and interest and premium, if any, on such Bonds as the same shall 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 June 25, 1979 -2- 76532 - (Continued) _1% required by law. No written or oral objections or other comments were filed. After ample opportunity had been given to all persons who appeared at the hearing to express their view for or against the proposal to issue Bonds; Council Member Getty proposed the following Resolution and after due consideration, it was moved by Getty, seconded by Burton that "Resolution approving proceeding with the issuance and sale of not to exceed $700,000 in aggregate principal amount of Industrial Devel- opment Revenue Bonds (United Beverages, Inc. Project), Series 1979, of the City of Waterloo, Iowa", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26366. 76533 - Atty. William Smith presented three agreements amending the original agreement between Continental (hotel developer), WIDA, City and HUD, for acceptance and approval and introduced John P. Dailey of Continental group, Peoria, Illinois, who thanked the Mayor, Council, and all others for support, assistance, etc. and industrial revenue bonds, which made the project possible, with the hotel to be opened next year. Moved by Wilharm, seconded by Dowie that the first amendment to agreement providing for the development of the hotel at old J. C. Penney site at West Fourth and Commercial Streets, be received, placed on file and "Resolution approving and accepting the first amendment to hotel development agreement", adopted, and Mayor and Clerk authorized and directed to execute said in behalf of the City of Waterloo, Iowa. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26367. 76534 - Moved by Roehr, seconded by Wilharm that amendment to Grant Agreement with HUD for development of hotel at West Fourth and Commercial Streets, be received, placed on file and "Resolution approving and accepting amendment to Grant Agreement with HUD", adopted, and Mayor and City Clerk authorized and directed to execute said amendment in behalf of the City of Waterloo, Iowa. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26368. 76535 - Moved by Wilharm, seconded by Bowers that Assignment from WIDA to Continental of WIDA's interest in the memorandum of agreement relative to issuing industrial development bonds, which assignment must be concurred in by the City, be received, placed on file and "Resolution approving the Assignment from WIDA to Continental group in memorandum of agreement relative to issuing industrial development bonds", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26369. 76536 - Moved by Dowie, seconded by Getty that proof of publication of notice of public hearing on conditional zone in an "R-2" One and Two Family Residence District, Lots 7, 8, 9, 10 and 11 of Block 5, Gates Park Place Addition, at NW corner of East 4th Street and Parker Street immediately west of St. Mary's Church, as published in Waterloo Courier on 6/8/79. upon the rea_t,ect- of Peoples Community Health Clinic and on Council's own motion, be received and placed on file. Motion carried. 76537 - This being the time for hearing, the Mayor called for oral and written objections. The Clerk reported no written objections had been received and Mayor Rooff presented a written objection from Raymond Steimel Family, 733 Boston Avenue. Moved by Burton, seconded by Bowers that the above written objection be received and placed of file. Motion carried. June 25, 1979 -3- 76538 - Plan and Program Director Franke listed the following conditions to be agreed upon by St. Mary's Church Corporation, Peoples' Community Health Clinic, Inc. and City of Waterloo, Iowa: 1. Approval for use of portion of building; 2. Exterior appearance of building not to be changed; 3. Use of two, indirectly lighted signs, to identify clinic; 4. Current parking sufficient, with any additional to be hard surfaced; 5. No other ineligible use in "R-2" One and Two Family Residence District to be conducted on the site. Moved by Wilharm, seconded by Bowers that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 164 to Section 2A-5, conditional zoning certain property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 76539 - Moved by Bowers, seconded by Dowie that proof of publication of notice of public hearing on rezoning from "R -3,R -P" planned Residence District to "M-1" Light Industrial District approximately 80 acres in Section 11 -89N -13W, east of Burton Avenue and 520' south of Airline Hiway, as published in Waterloo Courier on 6/8/79, upon request of Capitol Savings and Loan Association and on Council's own motion, be received and placed on file. Motion carried. 76540 - This being the time for hearing, the Mayor called for oral and written objections. The Clerk reported a 32% remonstrance petition and two support letters were filed with Zoning Commission. Jim Miller for Bruce P. Radue, presented letter objecting as 1. Not consistent with general policies of Zoning Commission; 2. No real need has been given to support this rezoning; 3. Physical characteristics of site can't be changed by rezoning. Moved by Roehr, seconded by Getty that+above objection be received and placed on file. Motion carried. 76541 - Discussed was advantages and disadvantages of utilizing "M -2,P" Planned Industrial District instead of M-1 Light Industrial District. Les Timmerman opposed the site plan approval process because he wanted to keep the cost of lots to $6,000 to $9,000 per acre. Regulation was read that if request defeated, then no new petition could be filed until six months had elapsed. Moved by Bowers, seconded by Dowie that above objection, be received and placed on file. Motion carried. 76542 - Moved by Dowie, seconded by Burton that action on the request of Capitol Savings and Loan Association for rezoning from "R-3, R -P" Planned Residence District to "M-1" Light Indust- rial District 80 acres in Section 11 -89N -13W, be deferred until July 2, 1979. Motion carried. 76543 - Moved by Penaluna, seconded by Roehr that proof of publication of notice of public hearing on proposal to vacate, sell and convey to Harry Otto Aschbrenner, Rodney J. and Barbara L. Henry, Max D. Eaton Insulation, Inc., Floyd J. Oltrogge, Lulu I. Brandes, Leo and Jean Plotz, and Adeline M. Califf, a 20' wide alley within Block 6, Haye's Addition, with City's retention of easement, as published in Waterloo Courier on 6/8/79, for $0.10 per sq. ft. plus costs, be received and placed on file. Motion carried. 76544 - This being the time for hearing, the Mayor called for written and oral objections and there were none. Moved by Bowers, seconded by Burton that "Ordinance vacating a 20' wide alley within Block 6, Haye's Addition, with City's retention of easement", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. June 25, 1979 -4- 76545 - Moved by Burton, seconded by Penaluna that rules requiring ordinances to be considered and voted on for Dassage 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. 76546 - Moved by Wilharm, seconded by Roehr that "Ordinance vacating a 20' wide alley within Block 6, Haye's Addition, with City's retention of easement", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 3033. 76547 - Moved by Bowers, seconded by Getty that "Resolution authorizing the sale and conveyance of 20' wide alley within Block 6, Haye's Addition, with City's retention of utility easement, for $0.10 per sq. foot plus costs; to Harry Otto Aschbrenner the NE 1/2 of alley adjacent to Lot 1 for $60.00 plus costs; to Rodney J. and Barbara L. Henry NE 1/2 of alley adjacent to Lots 2 and 3 for $120 plus costs; Max D. Eaton Insulation, Inc. the NE 1/2 of alley adjacent to Lots 4 and 5, for $120 plus costs; Floyd J. Oltrogge the SW 1/2 of alley adjacent to Lot 6 for $60.00 plus costs; Lulu I. Brandes the SW 1/2 of alley adjacent to Lot 7 for $60.00 plus costs; to Leo and Jean Plotz the SW 1/2 of alley adjacent to Lots 8 and 9 for $120.00 plus costs, and to Adeline TZ. Califf the SW 1/2 of alley adjacent to Lot 10 for $60.00 plus costs, all in Block 6, Haye's Addition, and directing and authorizing the Mayor and City Clerk to execute and deliver deeds for said property", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26370. 76548 - Moved by Roehr, seconded by Getty that the proof of publication of notice of hearing on proposed Amendment of Current City Budget for fiscal year ending 6/30/79, as published in Waterloo Courier on 6/19/79, be received and placed on file. Motion carried. 76549 - This being the time for hearing, the Mayor called for oral and written ofjections, and there were none. After public hearing on the proposal to amend the 1979 Fiscal Budget as published in the Waterloo Courier on June 19, 1979, and no objections having been made or filed, the Council gave final consideration to the proposed amendments to the Budget. Moved by Burton, seconded by Penaluna that "A resolution amending the current budget for the Fiscal Year ending June 30, 1979", be adopted, with any increase in expenditures to be met from the increa- sed non -property tax revenues and cash balances not budgeted or considered in this current budget; and with no increase in tax levies to be paid in the current fiscal year of 1978-1979; that the Finance Director be directed to correct his records accordingly and the City Clerk to certify a copy of this ammendment to the County Auditor of Black Hawk County and the State Comptroller. Ayes: Seven. Resolution adopted and upon approval be Mayor, assigned No. 26371. 76550 - Under Council Action #76518 of 6/18/79, the three proposals for radio communication repair service was referred to the Finance Committee. Council Member Getty, Chairman, reported the Finance Committee recom- mendation was for acceptance of proposal of Rosenkrans Electronic Company, Waterloo, Iowa, for period of 7/1/79 thru 6/30/80 in the amount of monthly payments of $596.00 and hourly charge of $22.50. Moved by Getty, seconded by Dowie that the recommendation of the Finance Committee, be received, placed on file and "Resolution app- roving and accepting the proposal of Rosenkrans Electronic Company of Waterloo, Iowa in the amount of $596.00 per month, and hourly charge of $22.50, for period of 7/1/79 thru 6/30/80 for radio comm- unication repair service, and authorizing and directing the Mayor to execute same", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26372. June 25, 1979 -5- 76551 - Mayor Rooff r 3 rted that inadvertently :y`'egal action could have been taken by the City Council in approving the revised site plan for Veterans of Foreign Wars (VFW) building near intersection of Reber Avenue and Fletcher Avenue under Council Action #76456 of 6/11/79. He read the "S-1" District Regulations, Part XI, Zoning Ordinance No. 2479, as amended, and asked permission to refer this to Planning and Zoning Commissions and City Attorney with a report and recommendation back to Council on July 2, 1979. Moved by Stoehr, seconded by Dowie that above request of Mayor Rooff, be received, placed on file, approved, referred to Planning and Zoning Commissions and the City Attorney with a report back with recommendation on July 2, 1979, &dlding Official instr- ucted to advise V.F.W. not to proceed as there was a possibility of a legal problem, and to not do anything until Council had time to study report and recommendation. Motion carried. 76552 - Mayor Rooff reported on San Souci Island sanitary sewer that at one time the City committed to them $20,000 to $25,000 to be used as a lift station; it is allowed in HUD grant and money is available; the estimate is $23,000 and he asked for official approval to proceed. The question was raised if this was in Waterloo and Mayor Rooff reported they were official residents of the City and are paying City taxes. Moved by Wilharm, seconded by Bowers that the above agreement to provide a lift station in San Souci Island in the neighborhood of $20,000 to $25,000, be approved. Ayes: Bowers, Burton, Dowie, Getty, Roehr, Wilharm. Penaluna declined to vote by reason of possible conflict of interest under Section 362.6 of Code of Iowa. Motion carried. 76553 - Wilda A. Bowman, 628 Hope Street, asked what could be done to get street oiled and alley plowed out in the winter after snowfalls. Mayor Rooff reported oiling was by petition only, however he would talk to Street Department to see if Hope Street was in street repair program this year. He stated the City does not plow out alleys, only streets. 76554 - Curtis Austin, 716 Beech Street, stated he would like additional streets added to Section 32-4 Obstruction of Crossings; Maxumum Time Limit, Ordinance No. 2931, as amended. Mayor Rooff stated only Illinois Central Railroad in Rath and Construction Machinery areas is given more than ten minutes. Moved by Bowers, seconded by Burton that the above presentation be received, placed on file and referred to City Attorney with a report back on July 2, 1979. Motion carried. 76555 - Mayor Rooff welcomed Bernardito Salas, Los Andes, Chile, a foreign exchange student staying with Chuck and Nancy Denning, 3141 Violet Street. She presented a plate from Chile to the Mayor. 76556 Mayor Rooff stated the Engineers' recommendation for freezing problem of sanitary sewer on French Street was to lower 52 feet, which would mean a public hearing and taking of bids, caus- ing a delay of 4 to 5 to 6 weeks, and at no cost to the property owner. He stressed the sewer from house to street was not too deep and the City would not pay for anything from the main to the house, and if anyone elects to go the route of getting rid of sump pump, it would be at his own expense. 76557 - A petition from Kenneth and Helen Olmstead, 720 Janney Avenue, etal, objecting to being assessed for oiling of 700 block of Janney Avenue and 1200 block of Wallgate Avenue as 600 block of Janney Avenue and 1100 block of Dundee Avenue were oiled at same time and not assessed, was presented. Jennie Grove, 1202 Wallgate Avenue, was very dissatisfied with oiling job. Mayor Rooff said he was asking that these two blocks be reoiled; a valid question has been raised; someone redid all of 600 block of Janney Avenue and 1100 block of Dundee Avenue when it should have been a patch job; and he wrn11d ^n_^ ha -k fin th 04 '1 ' I- W e nnn�it a recommendation. 10 76557 - (Continued) mo Moved by Roehr, seconded by Dowie that the above petition be received, placed on file and referred to Mayor Rooff and the Street Department. Motion carried. 76558 - Moved by Roehr, seconded by Bowers that request of Crown Devop- ment Company for Council on its own motion to rezone from "A-1" Agricultural District to "C-2" Commercial District approximately 5.5 acres in Section 18 -88N -12W, located east of U.S. Highway No. 218 and one quarter mile north of East Orange Road Extended, as shown on attached plat, for future development and a motel, and said Commission's recommenation for approval, be received, placed on file, recommendation approved, date of hearing set as July 16, 1979 at 7:00 P.M. and Clerk instructed to publish notice. Motion carried. 76559 - Through extension of sewer, this area was opened by the City for development. Moved by Getty, seconded by Penaluna that request of A and M Realty for Fay M. Anderson for Council on its own motion to rezone from "A-1" Agricultural District to "R -4,R -P" Planned Residence District approximately 25.88 acres in Section 23 -88N -13W, located south of East Orange Road and east of Hammond Avenue, as shown on attached plat, for future student oriented development, and said Commission's recommendation for approval, be received, placed on file, recommendation approved, date of hearing set as July 16, 1979 at 7:00 P.M. and Clerk instructed to publish notice. Motion carried. 76560 - Moved by Dowie, seconded by Burton that request of William L. Eastman for Council on its own motion to rezone from "R-3" Multiple Residence District to "R-2" One and Two Family Residence District approximately 5 acres in Sections 16 and 21-89-13, located east of South Hackett Road and north of Westbourne Road extended, as shown on attached plat, for One and Two Family residences, and said Commission's recommendation for approval, be received, placed on file, recommendation approved, date of hearing set as July 16, 1979 at 7:00 P.M. and Clerk instructed to publish notice. Motion carried. 76561 - Moved by Roehr, seconded by Bowers that request of Maxine Scott for Council on its own motion to rezone from "R-2" One and Two Family Residence District to "R-3" Mulitple Family Residence Dis- trict approximately 4 acres in Section 13 -89N -13W, located east of North Barclay Street and North of Oliver Street extended, as shown on attached plat, a 33% petition of remonstrance, together with City Zoning Commission's recommendation for denial, be received, placed on file, date of hearing set as July 16, 1979 at 7:00 P.M. and Clerk instructed to publish notice. Ayes: Seven Motion carried. 76562 - Moved by Roehr, seconded by Dowie that request from Arlin Zevenbergen for Red Carpet Realty of Waterloo for vacation of two easements in Lots 85 and 86, Prairie Meadow West Fifth Addition, as legally described in attached Exhibit"A", to build a home across the lot line, and Plan and Program Commission's recommendation for approval, be received, placed on file and "Resolution fixing the time and place of hearing and notice to be given on vacation of certain easements in Lots 85 and 86, Prairie Meadow West Fifth Addition, as July 16, 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 Pro Tem, assigned by 26373. 76563 Moved by Getty, seconded by Roehr that request of Mike Crawley for Bullock Garages for vacation of easement in Lot 21, Noble Hadley Second Addition lying along the southwesterly lot line of Lot 21, as legally described in Exhibit "A", for garage construction purposes, and Plan and Program Commission's recommendation for approval, 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 Lot 21, Noble Hadley Second Addition and lying along the southwesterly lot line of Lot 21, as July 16, 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 Pro Tem, assigned No. 26374. -7- 76564- Moved by Wilharm, seconded by Burton that request of Richard Geb_hardt for permission to construct a temporary asphalt driveway at 1900 Mitchell 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 Richard Gebhardt and authorizing construction of a temporary asphalt driveway at 1900 Mitchell Avenue, irrespective of a later official grade", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26375. 76565 - Moved by Wilharm, seconded by Burton that request of Frank Baych for permission to construct a temporary asphalt driveway at 1858 Patton 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 Frank Baych and authorizing construction of a temporary asphalt driveway at 1858 Patton Avenue, irrespective of a later official grade", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26376. 76566 - Moved by Dowie, seconded by Bowers that communication from Sign & Traffic Department, reporting on request of Mrs. Dan McGrane asking that a "stop" sign be installed at corner of Kingsley Avenue and Clough Street, be received, placed on file, request denied and Quintin T. Parker instructed to notify Mrs. McGrane. Motion carried. 76567 - Moved by Roehr, seconded by Wilharm that Finance Director's Statement for May, 1979, showing Fund Balance 5/1/79 $20,575,183.82, Receipts $5,156,124.57, - Bill Payments $947,636.51, - Payrolls $1,119,118.68, - Transfers $148,082.32, - Commissions $2,388,900.51, Fund Balance 5/31/79 $21,127,570.37, be received, placed on file and approved. Motion carried. 76568 - Moved by Penaluna, seconded by Dowie that communication from Plan and Program Commission, transmitting a site development plan for storage shed at Hardee's Food Systems, Inc., at 2945 Crossroads Boulevard, an "S-1" Shopping Center District", and recommending approval, and on Council's own motion, be received, placed on file, approved and date of hearing set as July 16, 1979 at 7:00 P.M. in City Hall and Clerk instructed to publish notice. Motion carried. 76569 - Moved by Dowie, seconded by Burton that construction plans for sanitary sewerage facilities serving Granger's Second Addition with Sewage Treatment Agreement form WQ-59 for the Department of Envir- omental 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. 76570 —Moved by Roehr, seconded by Penaluna that Change Order No. 6 for E.D.A,F.Y. 1978 Paving Program, Contract No. 163, for reduction in cost of $1,000.00 by Irving F. Jensen Co., Inc. 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. 76571 -Moved by Burton, seconded by Bowers that Change Order No. 1 (final) for Sans Souci Bridge Approach LightinContract No. 502, for add- itional work at an additional cost of 31.91 by See Electric, Inc., Contractors, Engineer's Declaration of Completion and Recommendation of Acceptance, and the City Engineer's recommendation for approval, be received, placed on file, approved and Mayor and Clerk directed and authorized to execute said Change Order No. L; Ayes: Seven Motion carried 76572 - Moved by Dowie, seconded by Burton that communication from City Engineer, transmitting the following Permanent and Temporary Ease- ments, for F.Y. 1979 Paving Program No. 1, Contract No. 166, be received, placed on file, "Resolution approving and accepting certain Easement Agreements and authorizing the execution of same in conn- ection with F.Y. 1979 Paving Program No. 1, Contract No. 166", adopted and City Clerk instructed to have Permanent Easements recorded: June 25, 1979 76572 - (Continued) Permanent Dale L. Chase and Luu Ellen Chase, 3941 Cedar Terrace Drive George A. Knoop and Sheryl A. Knoop, 3933 Cedar Terrace Drive Ronald F. Millett and Kathryn A. Millett, 3867 Cedar Terrace Drive Ronald A. Penne and Marjorie J. Penne, 3845 Cedar Terrace Drive Temporary Hans H. Oye Curtis P. Ridgeway and Irene B. Ridgeway, 3864 Cedar Terrace Drive Dale L. Chase and Lou Ellen Chase, 3941 Cedar Terrace Drive George A. Knoop and Sheryl A. Knoop, 3933 Cedar Terrace Drive Ronald F. Millett and Kathryn A. Millett, 3867 Cedar Terrace Drive Ronald A. Penne and Marjorie J. Penne, 3845 Cedar Terrace Drive Dated September 11, 1978 September 14, 1978 September 14, 1978 September 13, 1978 Dated September 11, 1978 September 12, 1978 September 11, 1978 September 14, 1978 September 14, 1978 September 13, 1978 Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26377. 76573 - Moved by Burton, seconded by Penaluna that Intergovermental Agree- ment dated 6/25/79 between the City of Waterloo and City of Cedar Falls on FAUS project for route location study for the Hackett Road Bypass, be received,.placed on file and "Resolution approving Inter- governmental Agreement between the City of Waterloo and City of Cedar Falls on FAUS project", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26378. 76574 - William Lemke stated the 25(,% surcharge would be put in special account to be used for fuel only. Moved by Wilharm, seconded by Roehr that "An Ordinance amending Chapter 36, Vehicles for Hire, of the Code of Ordinances of the City of Waterloo, Iowa, by adding Subsection (7), Gasoline Surcharge, to Section 36-58, Rates Established; Computation of Waiting Time, under Subsection (a) thereof", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 7657 - Moved by Wilharm, seconded by Bowers that the rules requiring ordinances to be considered and voted 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. 76576 - Moved by Bowers, seconded by Burton that "An Ordinance amending Chapter 36, Vehicles for Hire, of the Code of Ordinances of the City of Waterloo, Iowa, by adding Subsection (7), Gasoline Surcharge, to Section 36L�58, Rates Established; Computation of Waiting Time, under Subsection (a) thereof", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 3034. 76577 - Moved by Dowie, seconded by Penaluna that "An Ordinance establishing the salary of the Mayor of the City of Waterloo, Iowa, as $28,622.50, beginning January 2, 1980, and repealing Ordinance No. 2909," be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 76578 - Moved by Getty, seconded by Penaluna that "An Ordinance fixing the compensation of Council Members of the City of Waterloo, Iowa, as $2,568.00 per annum beginning January 2, 1980, and repealing Ordinance No. 2910", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. June 25, 1979 76579 - Moved by Burton, seconded by Dowie that "An Ordinance amending Chapter 34, Article III, Sewers, of the Code of Ordinances of the City of Waterloo, by repealing Section 34-54, Basic charge and 'rates established; basis of determination; increase of rates and charges for delinquent payments, paragraph (f) and enacting in lieu thereof new Section 34-54, paragraph (f)", be received, placed on filed, considered and passed for the second time. Ayes: Seven. Motion carried. 76580 - Moved by Burton, seconded by Bowers that "A resolution transferring4rom the Federal Revenue Sharing Fund the sum of One hundred sixty two thou- sand dollars ($162,000.00) to the General Fund", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No.26379. 76581 - "A resolution transferring from the Sewer Rental Fund the sum of Eighty four thousnand one hundred thirteen dollars ($84,113.00) to the General Fund", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26380. 76582 - Moved by Dowie, seconded by Burton that statement for laboratory services rendered on Contract No. 12, and City Engineer's recomm- endation for approval be received, placed on file and "Resolution approving and accepting statement dated May 10, 1979, from Twin City Testing and Engineering Laboratory, Inc., for laboratory services for West Ridgeway Avenue Bridge Replacement Project, Contract No. 12", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26381. 76583 - Moved by Getty, seconded by Roehr that statement for engineering services in connection with the Evaluation and Planning for the Hackett Road Bypass", and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting statement dated May 30, 1979 from Brice, Petrides & Associates, Inc. for engineering services in connection with the "Evaluation and Planning for the Hackett Road Bypass", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26382. 76584 - Moved by Roehr, seconded by Getty that statement for engineering services for Drainage Study of Unnamed Tributary to Virden Creek near U.S. Highway 63 and Airline Highway, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting statement dated May 30, 1979 from Brice, Petrides & Associates, Inc., for engineering services for Drainage Study of Unnamed Tributary to Virden Creek near U.S. Highway 63 and Airline Highway", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26383. 7658,E - Moved by Burton, seconded by Penaluna that statement for construction for staking for Contract No. 165, and City Engineer s recommendation for approval, be received, placed on file and "Resolution approving and accepting statement dated May 30, 1979 from Brice, Petrides & Associates, Inc. for construction staking for reconstruction of West Ridgeway Avenue from U.S. Highway No. 63 to West City Limits of Waterloo, Iowa, Contract No. 165" adopted. Ayes: Seven. Resolution adopted and upon approval by kayor „ assigned No. 26384. 76586 - Moved by Penaluna, seconded by Dowie that statement for construct- ion staking for Contract No. 12, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting statement dated May 30, 1979, from Brice, Petrides & Associates, Inc., for construction staking for West Ridgeway Avenue Bridge Replacement Project, Contract No. 12", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26385. 7658' - Moved by Penaluna, seconded by, Roehr that statement for engineering services for Areawide Comprehensive Sanitary Sewer Study for the Metropolitan Area of Black Hawk County, Iowa, and City Engineer's recommendation for approval, be received, placed on file and "Resol- ution approving and accepting statement dated May 30, 1979 from Brice, Petrides & Associated;.. Inc., for engineering services for Areawide Comprehensive Sanitary Sewer Study for the Metropolitan Area of Black Hawk County, Iowa", adopted. Ayes: Seven. June 25, 1979 -10- 76587 — (Continued) 11d Resolution adopted and upon approval by Mayor, assigned No. 26386. 76588 - Moved by Bowers, seconded by Burton that statement for engineering services for Contract No. 100, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting statement dated May 30, 1979 from Brice, Petrides & Associates', Inc., for engineering services for Drainage Structure Replacement for Martin Road and Cedar Terrace Drive, Contract No. 100", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26387. 76589 - Moved by Roehr, seconded by Bowers that Pay Estimate No 3 (Final) for Contract No. 502, be received, placed on file and "Resolution approving the Final Report as to work and materials furnished by See Electric, Inc. for Sans Souci Bridge Approach Lighting, Contract No. 502, accepting the work and authorizing payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26388. 76590 - Moved by Getty, seconded by Penaluna that "Resolution, "Bills", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26389. 76591 - Moved by Burton, seconded by Bowers that communication from Street Department reporting termination of Michael Durnin, Employee #13162, effective 6/18/79, and entitlement of 40 hours sick leave and 67 hours vacation pay, be received, placed on file and "Resolution approving payment of $579.94 sick leave and vacation pay to Michael Durnin of Street Department", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26390. 76592 - Moved by Roehr, seconded by Dowie that communication from Mayor Rooff, submitting for Council approval the appointment of Alice L. Ritland, 304 Columbia Circle, to the Waterloo City Planning and Program Commission, for a three year term to expire July 7, 1981, be received, placed on file and approved. Motion carried. 76593 - Moved by Roehr, seconded by Dowie that two communications from Mayor Rooff, submitting for Council approval the reappointment of Arthur L. Carter, 725 Adams Street, and appointment of Wilfred Clark, 209 West Fifth Street, to the Waterloo City Zoning Comm- ission, both for five year terms to expire July 7, 1983, be received, placed on file and approved. Motion carried. 7659+ - Moved by Roehr, seconded by Dowie that communication from Mayor Rooff, submitting for Council approval the appointment of John Holler, 3234 Randolph, to Operation Threshold Board, be received, placed on file and approved. Motion carried. 76595 - Moved by Roehr, seconded by Dowie that communication from Mayor Rooff, submitting for Council approval the appointment of Kenneth E. Mast, 228 Berkshire Road, to the Waterloo City Planning and Program Commission for a three year term to expire July 7, 1981, be received, placed on file and approved. Motion carried. 76556 - Moved by Burton, seconded by Roehr that following request for permission to attend function, with expenses allowed not to exceed the amount shown, be received, placed on file and approved: Finance Director/Treasurer to Municipal Treasurers Association Conference, Culver City, California, August 12 thru 17, 1979, $790.00. Ayes: Seven. Motion carried. 76597 - Moved by Bowers, seconded by Getty that the following applications for permission to stage fireworks displays be received, placed on file and permission granted: Cedarloo Raceway, Inc., Tunis Speedway, 3717 University Avenue. July 4 with alternate date of July 7, 1979. Waterloo Baseball, Inc., Municipal Stadium July 3 with alternate date of July 4, 1979. June 25, 1979 -11- 76598 - Moved by Dowie, seconded by Getty 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 #533, 4335 LaPorte Road R & G Oil Company, Inc. dba R & G Service #10, 1020 Franklin Street Pester Derby Oil Co. dba Pester Derby, 611 Rainbow Drive Charles B. White dba Charlies Family Market, 1011 Franklin Street Beer Liquor License Applications Class C Knig is of Columbus dba Club 700, 1955 Locke Avenue Maxwell Woods dba Woods Tavern, 226 West 11th Street Louis J. Schmitz dba T V Tap, 1435 Sycamore Street Steakhouses of Iowa, Inc. dba Friedl's Restaurant, 609-611 Commercial Street Victor F. Deutsch dba VicsLounge, 1106 LaPorte Road Sunday Sales - Beer Permit Applications - Class C Quik Trip Corporation dba Quik Trip #533, 4335 LaPorte Road R & G Oil Company, Inc. dba R & G Service #10, 1020 Franklin Street Pester Derby Oil Co. dba Pester Derby, 611 Rainbow Drive Charles B. White dba Charlies Family Market, 1011 Franklin Street Sunday Sales - Beer Liquor License Applications Mass c Knights of Columbus dba Club 700, 1955 Locke Avenue Motion carried. 76599 - Moved by Roehr, seconded by Bowers that Fifty-eight (58) appli- cations for permission to sell cigarettes at various locations in the City Of Waterloo, Iowa, be received, placed on file, approved and permits granted. Motion carried. 76600 - Moved by Getty, seconded by Bowers that application of Adrienne L. Johnson, 2548 Edgemont Avenue, for massage Technician Permit, be recieved, placed on file and granted subject to the requirements of ordinance governing same. Motion carried. 76601 - Moved by Burton, seconded by Penaluna that report of City Attorney and list of bonds filed with Clerk through 6!25/.79 be received, placed on file and report and bonds approved. Motion carried. 76602 - Mayor Rooff reported complaints were received on Tunis Raceway noise; Tunis apoligized, they had many problems Sunday night, and they will adhere to 7:00 to 9:30 P.M. hours. 76603 - Moved by Dowie, seconded by Burton that the Council adjourn. Motion carried. Katherine Gibbs June 25, 1979 City Clerk