HomeMy WebLinkAbout06/04/79r -k- June 4, ly/l
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 4, 1979. Mayor Rooff
in the Chair. On roll call: Present: Bowers, Burton, Dowie, Getty,
Penaluna, Roehr, Wilharm. Absent: None. Invocation by Councilman
Wilharm.
76411 - Moved by Roehr, seconded by Dowie that the Agenda, as proposed,
for the Regular Session of June 4, 1979 at 7:00 P.M., be accepted
and approved. Motion carried.
76412 - Moved by Dowie, seconded by Burton that the minutes of the Regular
Session held May 28, 1979 at 7:00 P.'l., be approved. Motion carried.
76413 - Moved by Wilharm, seconded by Bowers that proof of publication
of notice of public hearing on proposed plans, specifications,
form of contract, estimate of cost, etc. for Dry Run Creek
Flood Control Works, Contract Nos. 99A, 99B & 99C, be received
and placed on file. Motion carried.
76414 - This being the time for hearing, the Mayor called for oral and
written objections, and there were none.
Moved by Roehr, seconded by Burton that "Resolution adopting
plans, specifications, form of contract and estimated cost for
Dry Run Creek Flood Control Works, Contract Nos. 99A, 99B &
99C", be adopted. Ayes: Seven. Resolution adopted and upon
approval by Mayor, assigned No. 26338.
76415 - The City Clerk reported no bids had been received. Mayor Rooff
reported the bid opening date had been changed to June 11, 1979,
at which time sealed bids would be received by the City Clerk
until 4:00 P.M. to be opened at the Council Meeting at 7:00 P.M.
Moved by Wilharm, seconded by Getty that the City Clerk be
instructed to re -publish the notice to bidders or invitation
for bids for Dry Run Creek Flood Control Works, Contract
Nos. 99A, 99B and 99C, with date for receiving bids set as
June 11, 1979 at 4:00 P.M. and to be opened at 7:00 P.M.
Motion carried.
76416 - Moved by Penaluna, seconded by Dowie that proof of publication
of notice of proposed Resolution of Necessity for F.Y. 1979
Oiling Program, Contract No. 1, being a Proposed Resolution of
Necessity (26314) for the improvements of streets, avenues,
drives, court, etc. or portions thereof, by oiling the same,
as published in Waterloo Courier on 5/18 and 25, 1979, be received
and placed on file. Motion carried.
76417 - This being the time for hearing, the ?4ayor called for written
and oral objections and the Clerk reported no written objections
had been filed.
Oral objections were made by: Jessie Holder objected to Adrian
Street due to high cost.
76418 - Dust complaints due to crushed rock used in filling street
potholes were made by:
1 - Fred Conrad, 1060 Evergreen Avenue
2 - Kenneth Olmstead, 720 Janney Avenue
and others
76419 - Vernon Frost, 4768 Winghaven Drive, objected to oiling and wanted
paving. He was told the chance for paving this year was very
remote, perhaps next year. Mayor Rooff reported the State was
being asked for a driveway off Highway 63.
Moved by Roehr, seconded by Wilharm that the above objections
be received and placed on file. Motion carried.
76420 - Gary Walker, 1210 Eleanor Drive, objected to oiling and presented
a petition for 1979-80 paving of 1100 and 1200 blocks of Eleanor
Drive, with 4 against and 21 for paving. Council Member Roehr
stated this would be in supplemental program for this year and
pointed out it was also in the oiling program.
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76420 - (Continued)
Moved by Roehr, seconded by Wilharm that above petition be
received, placed on file and action deferred until petition
verified before deletion from oiling program. Motion carried.
76421 - Rosemary Dittmer, 518 Denver Street, reported she could not
afford the high cost and asked for her name to be removed from
petition.
Moved by Burton, seconded by Dowie that above request be received,
placed on file, name removed from petition and referred to
City Engineer to check. Motion carried.
76422 - Roger Thompson, 111 Henry Court, asked why alley was paved instead
of street and was informed it was done on petition.
76423 - Moved by Wilharm, seconded by Burton that "Resolution of Necessity,
for oiling various streets, avenues, drives, court, alleys,
etc. or portions thereof, in the City of Waterloo under F.Y.
1979 Oiling Program, Contract No. 1", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 26339.
76424 - Moved by Bowers, seconded by Dowie that "Resolution directing
the oiling of various streets, avenues, drives, court, alleys,
etc. or portions thereof, in the City of Waterloo, as designated
in Resolution No. 26339, being the Resolution of Necessity,
adopted June 4, 1979" be adopted. Ayes: Seven. Resolution
adopted and upon approval by Mayor, assigned No. 26340.
76425 - Council Member Roehr asked that other means of dust prevention
be researched and Mayor Rooff stated there were other materials
for dust proofing and would be looked at next week with the
Engineers.
76426 - John Rice pointed out the City's solution to the drainage problem
on Rebecca Lane was an open ditch on one side, and stated when
easements were given for water installation in the Maywood area,
curb and gutter and paving were to be in the 1978 paving program.
He was informed that the Planning Commission and Council turned
down the request for the street to be accepted as a public
street and is a private street with little hope of paving
Rocky Road unless 100% paid by private means; also, the recomm-
endation was not to accept it unless given a 50' right-of-way.
John Rice said the cost should be based on 1978 figures as the
people should not be penalized.
Mayor Rooff suggested this be placed in the supplemental program
and during the hearing the people could decide whether or not
they wanted the improvement. Plan and Program Director Franke
stated the City would have to acquire the right-of-way which
would have to be deeded to the City.
Moved by Bowers, seconded by Wilharm that the above presentation
by John Rice be received, placed on file and referred to the
City Engineer and Planner. Motion carried.
76427 - Moved by Dowie, seconded by Burton that request of Harry Otto
Aschbrenner, et al, for vacation, 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. ft. 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 5120 plus costs; Max D.
Eaton Insulation, Inc. the NE 1/2 of alley adjacent to Lots
4 and 5, for $120.00 plus costs; Floyd J. Oltrogge the SW 1/2
of alley adjacent to Lot 6 for $60.00 plus costs; Lulu 1.
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 0 for $120.00 plus costs; and to Adeline M. Califf
the SW 1/2 of alley adjacent to Lot 10 for $60.00 plus costs;
all in Block 6, Haye's Addition and with City's retention of
utility easement, and Plan and Program Commission's recommendation
for approval, be received, placed on file and "Resolution fixing
the time and place of hearing as June 25, 1979 in City Hall on
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76427 - (Continued)
proposal to vacate, sell and convey the 20' wide alley within
Block 6, Hay6s Addition, with City's retention of utility easement"
adopted and Clerk instructed to publish notice of hearing.
Ayes: Seven. Resolution adopted and upon approval by :Zayor,
assigned No. 26341.
76428 - Moved by Roehr, seconded by Bowers that request from Peoples
Community Health Clinic for Council on its own motion to Condit-
ional Zone in an "R-2" One and Two Family Residence District
for medical clinic purposes, Lots 7, 8, 9, 10, and 11 of Block 5,
Gates Park Place Addition, located at NW corner of East 4th
Street and Parker Street immediately west of St. Mary's Church,
as shown on attached plat, be received, placed on file, date
of hearing set as June 25, 1979 at 7:00 P.M. and Clerk instructed
to publish notice. Motion carried.
76429 - Permitted uses in M-1 Light Industrial District, U-1 Unclassified
District and M -2,P Planned Industrial District were discussed;
also, buffer between industrial and residential. Les Timmerman
stated this was borrow land, the soil was poor, and Capitol
Savings and Loan Assn. intended to clean up the area.
Moved by Wilnarm, seconded by Dowie that request of Capitol
Savings and Loan Association for Council on its own motion to
rezone 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, a 32% remonstrance petition, two support letters, together
with City Zoning Commission's recommendation for denial, be
received, placed on file and date of hearing set as June 25, 1979
at 7:00 P.M., Clerk instructed to publish notice, and referred
to Zoning Commission with request to take another look at this.
Ayes: Seven. Motion carried.
76430 - Moved by Roehr, seconded by Burton that communication from Plan
and Program Commission, transmitting request of Waterloo Cable-
vision, Inc. for renaming of Alexandra Drive to Cablevision Place
(located north of Southtown Drive and Ely of Hammond Avenue),
and recommending denial, be received, placed on file and request
denied. Motion carried.
76431 - Moved by Getty, seconded by Burton that communication from City
Engineer, transmitting a request from Margaret E. Dunkerton,
1211 West Sixth Street, for concrete paving of alley between
Williston Avenue and Pleasant Street from West Sixth Street to
the east in lieu of oiling under the F.Y. 1979 Oiling Program,
Contract No. 1, and recommending approval, subject to provisions
of his letter, be received, placed on file, approved and City
Engineer instructed to proceed accordingly. ?lotion carried.
76432 - Moved by Dowie, seconded by Penaluna that request from Clair R.
Smith for permission to construct two 24' commercial curb cuts
at 1140 Flammang Drive, as shown on attached plat, and City
Engineer's recommendation for approval subject to the provisions
of his letter, be received, placed on file, recommendations
approved and permission granted in accordance therewith. Plotion
carried.
76433 - Moved by Dowie, seconded by Bowers that communication from
Quintin T. Parker, Sign & Traffic Department, reporting on the
petition of Don Pierce, 1500 Commercial Street, et al, objecting
to two hour parking on Commercial Street, south side, from West
18th Street to West 11th Street, be received and placed on tile.
Motion carried.
76434 - Moved by Roehr, seconded by Burton that four communications from
City Engineer, advising improvements required as a condition
precedent to final approval of the following Extension and Additions
have been completed in substantial conformance with construction
plans, standards and requirements of Engineering Office; submitting
four-year street and two-year sewer maintenance bonds, and
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76434 - (Continued)
recommending acceptance, be received, placed on file, approved
and bonds accepted with effective date on bonds being that of
final Council approval:
1. Elvon Street Extension;
2. Regency Acres;
3. Hammond Hills Fifth Addition;
4. Granger Addition.
Motion carried.
76435 - Moved By Dowie, seconded by Getty that communication from Plan
and Program Commission, transmitting proposed Right -of -Way
Agreement in conjunction with proposed construction of Freeway
520, be received, placed on file and "Resolution approving
Right -of -Way Agreement for City Street Relocations and/or
Reconstruction, Project No. F-520-6(18)--20-07, Agreement
No. 79-1-078 with Iowa Department of Transportation and authorizing
the Mayor and Clerk to execute same", adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No.26342.
76436 - Discussed was full panel replacement instead of panel cut.
Bruce Radue protested that preliminary plat should not be tied
in with full panel replacement.
Moved by Roehr, seconded by Burton that Preliminary Plat of
Lark Addition with Deed of Dedication, report of City Engineer,
Plan and Program Commission's resolution of approval and its
recommendation for Council approval, be received, Placed on file
and "Resolution approving the Preliminary Plat of Lark Addition,
Waterloo, Black Hawk County, Iowa", adopted. Ayes: Seven,
Resolution adopted and upon approval by Mayor, assigned No. 26343.
76437 - Moved by Penaluna, seconded by Roehr that Final Plat of Southland
Park Third Addition, Engineer's Certificate of Survey, Deed of
Dedication, Contract and Waivers, report of City Engineer
Plan and Program Commission's resolution of approval and recomm-
endation for Council approval, be received, placed on file and
"Resolution approving the Final Plat of Southland Park Third
Addition, Waterloo, Black Hawk County, Iowa", adopted and Mayor
and Clerk directed and authorized to execute said Contract.
Ayes: Seven. Resolution adopted and upon approval by Mayor,
assigned No. 26344.
76438 - Moved by Bowers, seconded by Dowie that Contract, Performance
Bond and Certificate of Insurance for Contract No. 174, be
received, placed on file and "Resolution approving Contract,
Performance Bond and Certificate of Insurance of Aspro, Inc.,
Waterloo, Iowa, in the amount of $93,904.10, for F.Y. 1979
Street Rejuvenation Program, Contract No. 174", adopted.
Ayes: Seven. Resolution adopted and upon approval by Mayor,
assigned No. 26345.
76439 - 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 received, placed on file, considered and passed for second time.
Ayes: Bowers, Burton, Dowie, Penaluna, Roehr, Wilharm. Nay:
Getty. Motion carried.
76440 - Water Pollution Control Plant Superintendent Bottorff presented
a written request for Council Action #76398 of 5/29/79 changing
the word "resolution" to "ordinance" in proposed Ordinance
amending Chapter 34, Sewers, Article III, of City Code of
Ordinances, be rescinded and presented a revised proposed ordinance.
Mayor Rooff recommended staying with "ordinance" as if rates
were changed there would be three considerations and the people
would be informed.
Moved by Roehr, seconded by Wilharm that the above request be
received and placed on file. Motion carried.
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76441 - Under Council Action #76398 of 5/29/79, action was deferred on
"An Ordinance amending Chapter 34, Article III of the Code of
Ordinances, etc."
Moved by Dowie, seconded by Burton 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 and passed for the second time. Ayes: Seven.
Motion carried.
76442 - Robert Braun, Atty. for United Beverages, Inc., and Matthew A.
Lumetta, President, stated the bond money would be used to
permit business to expand, new warehouse erected, people added
to payroll, started with six employees and now has thirteen with
projection of twenty to twenty-five within next eight months.
Moved by Burton, seconded by Getty that "A resolution regarding
the issuance of not to exceed $700,000 in aggregate principal
amount of Industrial Development Revenue Bonds (United Beverages,
Inc. Project) Series 1979 of the City of Waterloo, Iowa, directing
publication of notice of intention to issue and calling a public
hearing on the proposal to issue said bonds and authorizing
execution of a Memorandum of Agreement", be adopted, and date of
hearing set as June 25, 1979 at 7:00 P.M. in the Council Chambers
in City Hall. Ayes: Seven. Resolution adopted and upon approval
by Mayor, assigned No. 26346.
76443 - Jon Fister, Atty. for Waterloo Housing Development Corporation,
explained the Council in 1977 gave their approval to make applic-
ation to HUD for 81 units for low cost housing for elderly and
said firm now needed City's approval as a qualified public housing
agency for it to proceed with issuance of $2,195,000 first
lien revenue bonds, series 1979 for Camelot Apartments Project
west of K -Mart with ground breaking scheduled for June 18, 1979.
Moved by Dowie, seconded by Penaluna that "Resolution making
certain findings and determinations with respect to a proposed
financing plan for the Waterloo Housing Development Corporation
and consenting to the determination to be made by HUD that said
Corporation qualifies as a "Public Housing Agency" under Section 3
(6) of the United States Housing Act of 1937, as -amended", be
adopted. Ayes: Seven. Resolution adopted and upon approval
by Mayor, assigned No. 26347.
76444 - Moved by Burton, seconded by Bowers that following request for
permission to attend function, with expenses allowed not to
exceed the amount shown, be received, placed on file and approved:
Fire Captain Specialist to Arson School, Des Moines, Iowa, June 4,
5 and 6, 1979, $50.00 plus use of City car.
Ayes: Seven. Motion carried.
76445 - 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
National Cigar Store, Inc., 617 Sycamore Street
Raymond V. Mount dba Waterloo Sport Supply, 825 Sycamor, ,LreeL
Beer Li uor License Applications Class C
Ro ert J. Cook d a Village Inn, 709 Je erson Street
Veterans of Foreign Wars Post #1623, 612 Jefferson Strec_
El
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76445
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76445 - (Continued)
Sunday Sales - Beer Permit Applications
C ass
National Cigar Store, Ince..., 617 Sycamore Street
Raymond V. Mount dba Waterloo Sport Supply, 825 Sycamore Street
Sunday Sales - Beer Liquor License Application
Veterans of Foreign Wars Post #1623, 612 Jefferson Street
Motion carried.
76446 - Moved by Bowers, seconded by Roehr that eighty-one (81)
applications for permission to sell cigaretts to various locations
in the City of Waterloo, Iowa, be received, placed on file,
approved and permits granted. Motion carried.
76447 - Moved by Bowers, seconded by Penaluna that the application of
Gayla K. McDowell, 207 Logan Avenue, for taxicab driver's permit,
be received, placed on file and granted. Motion carried.
76448 - Moved by Burton, seconded by Dowie that report of City Attorney
and list of bonds filed with Clerk through 6/4/79 be received,
placed on file and report and bonds approved. Motion carried.
`76449 - Council Member Wilharm asked the Council to consider the opening
and immediate reading of bids in the Council Chambers before
referring to City Engineer for checking. Mayor Rooff reported
he and the Clerk have worked on this and the procedure would be
(1) receive bids, open, read total dollar amount and then given
to Engineer for checking.
76450 - Moved by Getty, seconded by Penaluna that the Council adjourn.
Motion carried.
Katherine Gibbs,
June 4, 1979 City Clerk