HomeMy WebLinkAbout06/11/79i
June 11, 1979
The Council of City of Waterloo, Iowa met in Regular Session in Council
Chambers in the City Hall at 7:00 P.M., on June 11, 1979. Mayor Rooff
in the Chair. On roll call: Present: Bowers, Burton, Dowie, Getty,
Penaluna, Roehr, Wilharm. Absent: None. Invocation By Councilman
Bowers.
76451 - Moved by Roehr, seconded by Dowie that the Agenda, as amended,
for the Regular Session of June 11, 1979 at 7:00 P.M., be
accepted and approved. Motion carried.
76452 - Moved by Dowie, seconded by Burton that the Minutes of the
Regular Session held June 4, 1979 at 7:00 P.M. and Special
Session held June 7, 1979 at 1:30 P.M., be approved. Motion
carried.
76453 - Moved by Wilharm, seconded by Bowers that proof of publication of
notice of public hearing on revised site plan for Veterans of
Foreign Wars (VFW) Building near intersection of Reber Avenue and
Fletcher Avenue, upon recommendation of Plan and Program Commission
subject to certain conditions, and on Council's own motion, as
published in Waterloo Courier on 5/25/79, be received and placed
on file. Motion carried.
76454 - This being the time and place for hearing, the Mayor called for
written and oral objections. The Clerk reported an objection
petition had been filed at Plan and Program Commission public
hearing.
Mayor Rooff stated the ground rules for approval of the site plan
were as follows:
1 - Parking on the south side of proposed building was to be
shifted to north side, building setback 25' and landscaping
in front.
2 - No access to be allowed onto Reber Avenue; barriers to be
constructed on north property line and designed to prohibit
vehicular access on Reber Avenue.
3 - Access to be gained to the site via private access easement
off of Fletcher Avenue, with easement to contain 22' wide
paved driveway;
4 - All parking areas to be paved.
5 - All signs to be located on either Fletcher Avenue or U.S.
Highway 63, with no signs along Reber Avenue.
6 - Consideration of opaque wall between easterly residential
property line and site.
7 - Adherence to approved site plan for Final Plat of National
Plaza and conditions of Conditional Zoning, etc.
In the discussion it was pointed out that nothing could be changed
unless action taken through Plan and Program Commission and City
Council; also, the permanent easement was for entire development.
Oral objections (was, were) made by:
1. Charles Demuth, 801 Reber Avenue, neighborhood spokesman, gave
the following objections; bar and restaurant open seven days a week
and activities scheduled from 7 A.M. to following day 2 A.M.;
traffic congestion; Reber Avenue, an oiled street, would be subject
to more _,usage and would not stand up; sewer and water problems as
Orange Grove Lift Station was over capacity; crime potentiality;
noise nuisance due to traffic and bands; children's safety in
crossing street; parking overload; residential property resale de-
valuation; beer and liquor permit problems; hurting downtown by
relocation; two year time table on shopping center rezone not en-
forced and 40' rear yard required. He asked if review on sewer had
been received; that wall or fence on Cool's land run from Highway 63
to Reber Avenue and then down Reber Avenue; word "easement" used
instead of "purchased" in Plan and Program Commission minutes.
2. Kjas Long, Atty. for area residents.
3. Robert Faust, 727 Reber Avenue
4. Louis W. Kuriger, 811 Reber Avenue
5. Wilber Clough, 408 Drexel Avenue
June 11, 1979
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76454 - (Continued)
Speaking in favor (was, were):
1. Art Weber, Asst. Building Chairman for VFG1, pointed out tremendous
cost of upkeep, high utility costs, etc.
2. Charlie Lowe, 1911 West 7th Street.
Discussed was two year clause, policing private property, alternate
sites, truck traffic, no signs on Reber Avenue, etc.
Moved by Wilharm, seconded by Roehr that the above objections and
presentations in support be received and placed on file. Motion
carried.
76455 - After due consideration, it was moved by Burton, seconded by Roehr
that approval of proposed site plan for Veterans of Foreign Wars
(VFW) building near intersection of Reber Avenue and Fletcher Avenue,
be denied. Ayes: Burton, Getty, Roehr. Nays, Bowers, Dowie,
Penaluna, Wilharm. Motion not carried.
76456 - Moved by Bowers, seconded by Penaluna that "Resolution approving
the revised site plan for Veterans of Foreign Wars (VFW) building
near intersection of Reber Avenue and Fletcher Avenue", be adopted,
subject to certain conditions as published in Waterloo Courier on
5/25/79, recommendations of Plan and Program Commission, and fence
and lighting. Ayes; Bowers, Dowie, Penaluna, Wilharm. Nays:
Burton, Getty, Roehr. Resolution adopted and upon approval by
Mayor, assigned No. 26348.
76457 - Moved by Bowers, seconded by Dowie that proof of publication of
notice to contractors or invitation for bids for Dry Run Creek
Flood Control Works, Contract Nos. 99A. 99B and 99C✓, as published
in Waterloo Courier on 6/5/79, be received and placed on file.
Motion carried.
76458 - Moved by Dowie, seconded by Burton that the following bids for Dry
Run Creek Flood Control Works, Contract Nos. 99A, 99B and 99C be
received, placed on file, the Clerk instructed to open, inspect
and tabulate same:
Bidder
Peterson Contractors, Inc.,
Reinbeck, Ia.
Acton Construction Co., Inc.,
Hugo, Minn.
Motion carried.
Amount of Bid
#99A $756,444.25
#99B No bid
#99C $684,.094.32
#99A $622,490.00
#99B $261,160.00
#99C $678,746.00
Bid Bond
10%
76459 - Moved by Getty, seconded by Burton that the above bids be referred
to the Engineers for checking and -report back on June 18, 1979.
Motion carried.
76460 - Robert Utsler, 306 French Street, spokesman for property owners in
200 and 300 blocks of French Street, expressed concern about depth
of sanitary sewer with possibility of freezing problem, requested
a study for a solution, and presented a petition.
Mayor Rooff responded that the City needs a few more answers as to
costs, etc. and Council will be given answers Monday night.
Moved by Bowers, seconded by Wilharm that the above petition be
received and placed on file. Motion carried.
76461 - Council Member Getty reported receiving complaints about noise and
rowdyism on the City borrow property and sandpit at the end of
Donald Street, He suggested this be turned over to Park Department
June 11, 1979
610� -3- -�
76461 - (Continued)
for study for a camping facility. Mayor Rooff stated he visited
the area, the problem could be lighting, there was great possibility
for recreational facilities such as boating, swimming, picnicing,
etc. and as soon as location of Freeway has been decided, this
area could be blended in, and also funding would need to be re-
searched.
Larry Smith, 411 Candlewick Road, complained about noise, smell of
marijuana smoke, dike not beautified, weeds not cut, vehicles
cutting deep ruts in dike, etc.
Mayor Rooff explained something needed to be done beside policing
but the legal aspect would have to be checked to find area of least
likelihood of lawsuit, and he would ask the Park, Engineers,
Attorneys, etc. to meet with him some time this week, and stressed
this would be a wonderful opportunity to do something for this part
of the City.
76462 - Council Member Roehr presented a petition from Mr. and Mrs. Dan
McGrane 506 Kingsley Avenue, for a stop sign on corner of
Kingsley and Clough Avenue.
Moved by Roehr, seconded by Wilharm that the above petition
be received, placed on file and referred to Quintin T. Parker.
Motion carried
76463 - Council Member Roehr inquired as to the request for paving
instead of oiling from Vernon Frost, 4768 Winghaven Drive,
and was told the City staff would be recommending the streets
for the supplemental paving program. He then asked about
Klingaman Knolls Addition streets being 24' to 25' instead
of standard 32' and was informed these were not an arterial
streets and there would be an answer next Monday.
76464 - Moved by Roehr, seconded by Penaluna that petition from John R.
McCallough, 2210 Castle Street, et al, representing 50% property
frontage, requesting oiling of 2200 block of Castle Street,
and City Engineer's recommendation for receive and file, be
be received and placed on file. Motion carried.
76465 - Moved by Penaluna, seconded by Dowie that petition from
John Field, 270 North Hackett Road, et al, representing 55%
of property owners, requesting paving of North Hackett Road
from Rainbow Drive to Grand Boulevard, and City Engineer's
recommendation for inclusion in a paving program when funds
are available, be received and placed on file. Motion carried.
76466 - Council Member Roehr inquired if it would be Dossible to get
paving, after construction is done, on North Hackett Road
from Rainbow Drive to viaduct and Grand Blvd.
76467 - Moved by tililharm, seconded by Burton that request of Quik Trip
Corporation for Council on its own motion to rezone from "R-2"
One and Two Family Residence District to "C-1" Commercial
District real property located south of Rainbow Drive and east
of Hanna Boulevard, as shown on attached plat, together with
58% remonstrance petition, and City Zoning Commission's
recommendation for denial, be received, placed on file, and date
of hearing set as July 2, 1979 at 7:00 P.M. and Clerk instructed
to publish notice. Ayes: Seven. Motion carried.
76468 - Moved by Roehr, seconded by Burton that communication from
City Engineer, reporting on petition of Gary Walker, 1210 Eleanor
Drive, et al for 1979-80 paving of 1100 and 1200 blocks of
Eleanor Drive, presented 6/4/79 under Council Action #76420,
82% were in favor and 18% against, and recommending this street
added to a paving program when funds are available, be received
and placed on file. Motion carried.
76469 - Moved by Roehr, seconded by Getty that City Treasurer's
Statement for May, 1979, showing Balance on Hand 5/1/79
June 11, 1979
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76469 - (Continued)
$20,940,563.00, + Receipts - Taxes $3,041,907.84, + Receipts
- City Clerk $690,571.86, + Receipts - City Treasurer
$1,275,592.55, + Receipts - Transfers $148,082.32, - Disburse-
ments $4,193,713.41, Balance on Hand 5/31/79 $21,903,004.16,
be received, placed on file and approved. Motion carried.
76470 - Plan and Program Director Franke asked that action be tabled
for one week on Final Plat of National Plaza to check whether
streets brought to city standards.
Moved by Dowie, seconded by Penaluna that Final Plat of National
Plaza, Engineer's Certificate of Survey, Deed of Dedication,
report of City Engineer, Plan and Program Commission's
resolution of approval and recommendation for Council approval,
be received, placed on file and action deferred until June 18,
1979 pending further study on paving. Motion carried.
76471 - Moved by Getty, seconded by Bowers that Change Order No. 1
for F.Y. 1979 Maywood Water Extension, Contract No. 501, for
additional work at an additional cost of $495.63 by Watco
Construction Company, Inc., Contractors, and City Engineer's
recommendation for approval, be received, placed on file,
approved and Mayor and Clerk directed and authorized to execute
same. Ayes: Seven. Motion carried.
76472 - Moved by Burton, seconded by Getty that construction plans
for sanitary sewerage facilities serving Crossroads Estates
Off -Site, together with Treatment Agreement Form WQ-59 for
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.
76473 -'Moved by Dowie, seconded by Penaluna that construction plans
for storm sewer and paving facilities serving Pro's Addition
as submitted by Wayne Claassen Engineering & Surveying, Inc.,
and City Engineer's recommendation for approval, be received,
placed on file and approved. Motion carried.
76474 - Dave Dunakey, Atty. representing Don Pierce and other neighborhood
residents, stated a petition had been filed requesting denial
of two-hour parking on Commercial Street on southerly side
from West 18th Street to West 11th Street, that Quintin Parker's
review of parking in the area did not take into -consideration
that people who signed the petition but only the physical
aspect, the people would resist the passing of the ordinance,
and asked that the two hour parking limitation be denied.
Discussion followed.
Moved by Penaluna, seconded by Roehr that "An Ordinance amending
Ordinance No. 2644 known as the Traffic Ordinance of the City
of Waterloo, Iowa, be adding Section 562A, Two Hour Parking",
be received, placed on file, considered, passed, and now
placed on its final adoption. Ayes: Bowers, Burton, Dowie,
Penaluna, Roehr, Wilharm. Nays: Getty. Motion carried.
76475 - Council Member Burton asked if this would be the end of further
restriction in that area for a period of time and Mayor Rooff
said yes.
Moved by Roehr, seconded by Bowers that "An Ordinance amending
Ordinance No. 2644 known as the Traffic Ordinance of the City
of Waterloo, Iowa, by adding Section 562A, Two Hour Parking",
be adopted. Ayes: Bowers, Burton, Dowie, Penaluna, Roehr,
Wilharm. Nays: Getty. Ordinance adopted and upon approval
by Mayor, assigned No. 3031.
76476 - Water Pollution Control Plant Supperintendent Bottorff stated
an ordinance establishing sewer rental charge would be submitted
next week.
June 11, 1979
0670
76476 - (Continued)
"1
Moved by Penaluna, seconded by Wilharm that "An Ordinance
amending Chapter 34, Article III, Sewers, of the Code of
Ordinances of the City of Waterloo, by repealing Sections
34-27, Definitions, Sections 34-53, "Domestic Sewage" defined,
and Sections 34-54, Basic charge and rates established; basis
of determination; increase of rates and charges for delinquent
payments, and enacting in lieu thereof Section 34-27, Definitions,
Section 34-53. "Domestic sewage" defined, and Section 34-54,
Basic charge and rates established; basis of determination;
increase of rates and charges for delinquent payments", be
received, placed on file, considered, passed for the third
time, and now placed on its final adoption. Ayes: Seven.
76477 - Moved by Wilharm, seconded by Roehr that "An Ordinance amending
Chapter 34, Article III, Sewers, of the Code of Ordinances
of the City of Waterloo, by repealing Sections 34-27, Definitions,
Sections 34-53, "Domestic Sewage" defined, and Sections
34-54, Basic charge and rates established; basis of determination;
increase of rates and charges for delinquent payments, and
enacting in lieu thereof Section 34-27, Definitions, Section
34-53. "Domestic sewage" defined, and Section 34-54, Basic
charge and rates established; basis of determination; increase
of rates and charges of delinquent payments", be adopted.
Ayes: Seven. Ordinance adopted and upon approval by Mayor,
assigned No. 3032.
76478 - Moved by Bowers, seconded by Burton that Completion Report and
Recommendation of Acceptance of City Engineer for Contract
No. 501, be received, placed on file and "Resolution approving
the Completion Report and Recommendation of Acceptance as to
work and materials furnished by Watco Construction, Inc.
F.Y. 1979 Maywood [later Extension, Contract No. 501, accepting
the work and authorizing payment accordingly", adopted.
Ayes: Seven. Resolution adopted and upon approval by Mayor,
assigned No. 26349.
76479 - Moved by Getty, seconded by Wilharm that "Resolution Bills,
Schedule A", be adopted. Ayes: Seven. Resolution adopted
and upon approval by Mayor, assigned No. 26350.
76480 - Moved by Getty, seconded by Wilharm that "Resolution Bills,
Schedule B", be adopted. Ayes: Seven. Resolution adopted
and upon approval by Mayor, assigned No. 26351.
76481 - Moved by Bowers, seconded by Burton that communication from
City Engineer, reporting on the ground water drainage problem
in the Short and Mulberry Street area, submitting an estimated
cost of $2,266.00 for 8" concrete pipe installation, and
recommending approval, be received, placed on file, approved
and City Engineer instructed and authorized to proceed accord-
ingly. Ayes: Seven. Motion carried.
76482 - Moved by Burton, seconded by Roehr that communication from
Electrical Inspector, recommending 175 Watt White Mercury
Vapor street light installations at the following locations,
be received, placed on file, and "Resolution ordering install-
ation of certain street lights", adopted:
175 Watt White Vapor
1 on lot line of 1034-1046 Evergreen Avenue;
1 midway of 1000 block of Linbud Lane;
1 north of property at 1416 North Barclay South of tracks;
1 at dead end of 1100 block of Northey Street;
1 at intersection of Ridgeview and West 4th Street;
1 at intersection of Ridgeview and Kent Circle;
1 on south lot line of 635 McChane;
1 at intersection of West Shaulis Road and Fostoria;
Add one 400 Watt White Mercury Vapor wide angled Mercury on
each pole #17 and #19 at 401 Westfield Avenue so as to light
June 11, 1979
I�N
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76482 - (Continued)
emergency entrance into factory lot. Ayes: Seven. Resolution
adopted and upon approval by Mayor, assigned No. 26352.
76483 - Moved by Getty, seconded by Burton that communication from
Director of Parks, recommending appointment of Gordon Cassmann
as Municipal Weed Removal Supervisor, beginning June 12, 1979,
be received, placed on file, approved and "Resolution appointing
Gordon Cassmann as Municapal Weed Removal Supervisor subject
to approval of the County Board of Supervisors of Black Hawk
County", adopted. Ayes: Seven. Resolution adopted and
upon approval by Mayor, assigned No. 26353.
76484 - Moved by Roehr, seconded by Bowers that City Clerk be instructed
and authorized to publish a Notice notifying property owners
to cut weeds, vines or bushes as required by Ordinance No. 1321,
as amended. Motion carried.
76485 - Moved by Burton, seconded by Penaluna that "Resolution fixing
the rate schedule for the 1979 Weed Cutting Program", be adopted.
Ayes: Seven. Resolution adopted and upon approval by Mayor,
assigned No. 26354.
76486 - Moved by Bowers, seconded by Getty that communication from
Fire Chief, reporting retirement of Joseph Warmuth, effective
5/27/79, and entitlement to 697 hours sick leave, twelve 24
hour earned vacation days and 5/12 of casual day pay, be received,
placed on file and "Resolution approving payment of $6,982.80
sick leave, vacation and casual day pay to Joseph Warmuth,
Retiree of Fire Department", adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 26355.
76487 - Moved by Penaluna, 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:
Human Rights Investigator to Annual Conference of International
Association of Official Human Rights Agencies, Philadelphia, Pa
July 8 thru 13, 1979, $600.00 Ayes: Seven. Motion carried.
76438 - Moved by Getty, seconded by Bowers that following applications
for Beer Permits and Beer Liquor Licenses, be received, placed
on file, approved and endorsed applications forwarded to the
Iowa Beer and Liquor Control Department:
Beer Permit Application
Class C
Osna Y. Goldstein dba Hollandale Grocery & Market, 1955 Washing-
ton Street
Beer Liquor License Applications
C Tass C
Steamboat Gardens, Inc. dba Steamboat Gardens, 1740 Falls Avenue
Benevolent and Protective Order of Elks #290, Inc., 407 East
Park Avenue
Maple Lanes, Inc. dba Maple Lanes Bowling Center, 2608 University
Avenue
Sunday Sales -Beer Permit Application - Class C
Osna Y. Goldstein dba Hollandale Grocery & Market, 1955
Washington Street
Sunday Sales -Beer Liquor License Applications
Class C
Benevolent and Protective Order of Elks #290, Inc., 407 East
Park Avenue
Maple Lanes, Inc. dba Maple Lanes Bowling Center, 2608 University
Avenue
Motion carried.
June 11, 1979
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76489 - Agenda amended as inadvertently an inspection slip was not
signed.
Moved by Bowers, seconded by Getty that application of All
Iowa Resaurants, Inc. dba Sutter's Mill, 141 Crossroads
Center, for Beer Liquor Class C and Sunday Sales Licenses,
be received, placed on file, approved subject to approval of
various City Inspectors, and endorsed applications forwarded
to the Iowa Beer & Liquor Control Department. notion carried.
76490 - Moved by Getty, seconded by Burton that application of Sunnyside
Country Club for permission to stage a fireworks display at
1600 Olympic Drive, on July 4, 1979 with alternate date of
July 8, 1979 in case of inclement weather, be received, placed
on file and permission granted subject to filing of bond.
Motion carried.
76491 - Moved by Roehr, seconded by Bowers that thirty (30) applica-
tions 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.
76492 - Moved by Burton, seconded by Dowie that the following applica-
tions for Permits, be received, placed on file and granted:
Ambulance Drive and Attendant
Rod D. Ba sar, 1009 Thorndale 9
Kathy A. Barney, 1230 Lincoln Street
Ambulance Attendant
Ken Saunders, 1716 Baltimore Street
Motion carried.
76493 - Moved by Getty, seconded by Bowers that the application of
Rollinda Christine Hughbanks, 1245 South Street, for taxicab
driver's permit, be received, placed on file and granted.
Motion carried.
76494 - Moved by Burton, seconded by Dowie that report of City Attorney
and list of bonds filed with Clerk through 6/11/79 be received,
placed on file and report and bonds approved. Motion carried.
76495 - Moved by Dowie, seconded by Penaluna that the Council adjourn.
Motion carried.
June 11, 1979
Katherine Gibbs,
City Clerk