HomeMy WebLinkAboutMinutes-05/29/1979A
9
. May 29, 1979
The Council of City of Wa,erloo, Iowa met in Regular Jession in Council Cham-
bers in the City Hall at 7;00 P.M., on May 29, 1979. Mayor Rooff in the
Chair. On roll call: Present: Bowers, Burton, Dowie, Getty, Penaluna, Roehr,
Wilharm. Absent: None. Invocation by Councilman Burton,
76370 - Moved by Getty, seconded by Roehr that the Agenda, as amended, for the
Regular Session of May 29,, 1979 at 7:00 P.M., be accepted and approved.
Motion carried.
76371 - Moved by Burton, seconded by Getty that the Minutes of the Regular
Session held May 21, 1979 at 7:00 P.M., be approved. Motion carried.
76372 - Moved by Roehr, seconded by Getty that proof of publication of notice
of public hearing on proposal to vacate certain easements in Kingswood
Addition area and Westerly of West Fourth Street, as published in
Waterloo Courier on 5/11/79, requested by Young Development Company,
be received and placed on file. Motion carried.
76373 - This being the time for hearing, the Mayor called for oral and written
objections, and there were none.
Moved by Wilharm, seconded by Penaluna that "An Ordinance vacating
certain easements in Kingswood Addition area and Westerly of West
Fourth Street", be received, placed on file, considered and passed for
the first time. Ayes: Seven. Motion carried.
76374 - Moved by Roehr, seconded by Wilharm that the rules requiring ordinances
to be considered and voted on for passage at two prior meetings, be
suspended, the above ordinance recorded as having been considered and
passed for the second and third times, and now placed on its final
adoption.- Ayes: Seven. Motion carried.
76375 - Moved by Wilharm, seconded by Getty that "An Ordinance vacating certain
easements in Kingswood Addition area and Westerly of West Fourth Street"
be adopted. Ayes: Seven. Ordinance adopted and upon approval by
Mayor, assigned No. 3028.
76376 - Moved by Burton, seconded by Bowers that proof of publication of notice
of public hearing on proposal to vacate eight feet of West Third Street
right-of-way lying between Cedar Street and Commercial Street, for
Waterloo Public Library parking purposes, as published in Waterloo
Courier on 5/11/79, requested by Waterloo Plan and Program Commission,
be received and placed on file. Motion carried.
76377 - This being the time for hearing, the Mayor called for oral and written
objections, and there were none.
Moved by Bowers, seconded by Burton that "An Ordinance vacating eight
feet of West Third Street right-of-way lying between Cedar Street and
Commercial Street", be received, placed on file, considered and passed
for the first time. Ayes: Seven. ?Motion carried.
76378 - Moved by Burton, seconded by Wilharm that the rules requiring ordinances
to be considered and voted on for passage at two prior meetings, be
suspended, .the above ordinance recorded as having been considered and
passed for the second and third times, and now placed on its final
adoption. Ayes: Seven. Motion carried.
76379 - Moved by Bowers, seconded by Burton that "An Ordinance vacating eight
feet of West Third Street right-of-way lying between Cedar Street and
Commercial Street", be adopted. Ayes: Seven. Ordinance adopted and
upon approval by Mayor, assigned No. 3029.
?6380 - The City Electrician and Finance Committee, after checking the bids,
recommended the acceptance of the low bid of Vermeer Sales & Service,
Inc., of Pella, Iowa in the amount of $16,800.00, both quality and price
having been taken into consideration, for one Trencher for use by the
Electricial Department.
Moved by Getty, seconded by Penaluna that the above recommendation, be
received, placed on file, said bid accepted, and Finance Director
authorized and directed to issue purchase order and warrant in payment
for same. Ayes: Seven. Motion carried.
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76381
2-76381 - Joe Butler, 167 Letsch Road, asked if it was -permissible to asphalt
pave private land; on what authority, and if there was any approved
planning for the Leon Lauver project. Mayor Rooff stated the City
had no authority to stop the paving on private property, did not
condone it and it did not have the blessing of the City Engineer,
Plan and Program Commission or Council; also, he would check on the
houses in the addition on the NW corner of Hackett Road and Rainbow
Drive to see if they were hooked on to the Castle Hill sanitary sewer
system.
76382 - Mayor Rooff stated he has asked the various departments for recommenda-
tions in writing by next week to reduce fuel consumption; that the
City has not said garbage collection would be cut to once a week, and
in the area of service, was not proposing to cut garbage pick-up, police
patrol, or anything else until the fuel shortage was felt.
76383 - City Attorney Hultman stated the revised Petition for Suspension would
be a lien on the property on the tax roll.
Moved by Getty, seconded by Wilharm that revised application from
Charlotte Parker, submitted by Legal Services Corporation of Iowa, for
suspension of current taxes on E 141t' of Lot 17, in C.O. Balliett and
F.K. Gilbert's Subdivision of E 2 of Lot 2 and W 2 of Lot 3 in Hardy and
Virdens Plat of SE4 of Section 24 -89N -13W, 419 Lane Street, in amount
of $348.00 (see Council Action #76333 of 5/21/79), be received, placed
on file, approved and "Resolution recommending to the Board of Super-
visors of Black Hawk County the suspension of current taxes in the
amount of $348.00 for 419 Lane Street", adopted. Ayes: Bowers, Burton,
Dowie, Getty, Penaluna, Wilharm. Nays: Roehr. Resolution adopted and
upon approval by Mayor, assigned No. 26329.
76384 - Moved by Bowers, seconded by Burton that communication from City En-
gineer, transmitting petition from William L. Ramsell, 1656 Williston
Avenue, et al, for paving of Oregon Street from Bertch Avenue to
Williston Avenue, representing 100% of property owners, be received,
placed on file and referred to City Engineer for future paving program.
Motion carried.
76:385 - Discussed was discrepancy in the precentage of objection petition.
Moved by Burton, seconded by Getty that request of Standard Glass
Company for Council on its own motion to rezone from "R-2" One and Two
Family Residence District to "C-2" Commercial District all of Lots 14
and 15, Block 34, Hagerman Place, east of Cleveland Avenue and south of
Joder Avenue, as shown on attached plat, together with 59% remonstrance
petition and 24% consent petition, and City Zoning Commitsion's re-
commendation for denial, be received, placed on file, and request denied.
Ayes: Seven. Motion carried.
76386 - Moved by Roehr, seconded by Getty that request from Young Development
Company for permission to construct one 24' commercial curb cut on
Kingswood Place to serve property at 3425 Georgetown 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, recommenda-
tions approved and permission granted in accordance therewith. Motion
carried.
76387 - Moved by Burton, seconded by Bowers that request from Joe Minard Con-
struction, Inc. for permission to construct one 17' commercial curb cut
at 1319 Ravenwood Road, as shown on the attached plat, and City Engineer's
recommencation for approval subject to the provisions of his letter, be
received, placed on file, recommendations approved and permission granted
in accordance therewith. Motion carried.
76388 - Moved by Burton, seconded by Roehr that request by Joe 11inard Construction
Inc. for permission to construct one 17' commercial curb cut at 1303
Ravenwood Road, as shown on attached plat, and City Engineer's recom-
mendation for approval subject to the provisions of his letter, be re-
ceived, placed on file, recommendations approved and permission granted
in accordance therewith. Motion carried.
76389 - Moved by Bowers, seconded by Roehr that request from Roger C. Neebel
Construction, Inc. for permission to construct one 24' commercial curb
cut at 1315 Ravenwood Road, as shown on attached plat, and City Engineer's
May 29, 1979
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76389 - (Continued)
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recommendation for approval subject to the provisions of his letter, be
received, placed on file, recommendations approved and permission grant-
ed in accordance therewith. Motion carried,
76390 - Moved by Wilharm, seconded by Penaluna that request of Harry C. Carson
for permission to construct a temporary concrete driveway at 1800
Cornwall 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 Harry C. Carson and
authorizing construction of a temporary concrete driveway at 1800 Corn-
wall Avenue, irrespective of a later official grade", adopted. Ayes:
Seven. Resolution adopted and upon approval by Mayor, assigned No.26330.
76391 - Moved by Wilharm, seconded by Penaluna that request of C.L. Gibson for
permission to construct a temporary asphalt driveway at 1608 Burton
Avenue without regard to sidewalk grade, together with $3.00 for record-
ing waiver, and City Engineer's recommendation fir approval subject to
the provisions of his letter, be received, placed on file, approved and
"Resolution granting permission to C.L. Gibson and authorizing con-
struction of a temporary asphalt driveway at 1608 Burton Avenue, irres-
pective of a later official grade", adopted. Ayes: Seven. Resolution
adopted and upon approval by Mayor, assigned No. 26331.
76392 - Moved by Roehr, seconded by Getty that construction plans for sanitary
sewerage facilities serving Pro's Addition, Waterloo, Iowa, 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.
76393 - Moved by Getty, seconded by Burton that the Contracts, Bonds and Certi-
ficates of Insurance for Contract No. 166, be received, placed on file
and "Resolution approving Contracts, Bonds and Certificates of Insurance
of Hurst Excavating, Inc., Waterloo, Iowa, for Section I, in the amount
of $291,330.00; of Irving F. Jensen Co., Inc., Sioux City, Iowa, for
Section II, in amount of $380,696.25; of Aspro, Inc., Waterloo, Iowa,
for Section III, in the amount of $98,965.00; and of Assink Bros., Inc.,
Cedar Falls, Iowa, for Section IV, in the amount of $66,340.00, for F.Y.
1979 Paving Program No. 1, Contract No. 166", �.dopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 26332.
76394 - Moved by Getty, seconded by Bowers that communication from Building
Official, transmitting Hold Harmless and Indemnification Agreement dated
5/17/79 from Vernon A. Reiter, President, dba Waterloo Tent and Awning
Company, Inc., for building addition at 1029 Commercial Street, legally
described as Lot 56, Block 12, Fractional Blocks, Waterloo West, be
received, placed on file, approved, accepted and City Clerk instructed
to have same recorded. Motion carried.
76395 - Moved by Burton, seconded by Roehr that "An Ordinance amending Chapter 7,
Animals and Fowl, of the Code of Ordinances of the City of Waterloo,
Iowa, by repealing Subsection 7-49 and enacting in lieu thereof new
Subsection 7-49 thereto", be received, placed on file, considered and
passed for the second time. Ayes: Seven. Motion carried.
76396 - Moved by Getty, seconded by Bowers that the rules requiring ordinances
to be considered and voted on for passage at two prior meetings be sus-
pended, the above ordinance recorded as having been considered and
passed for the third time, and now placed on its final adODtion. Ayes:
Seven. Motion carried.
76397 - Moved by Burton, seconded by Getty that "An Ordinance amending Chapter 7,
Animals and Fowl, of the Code of Ordinances of the City of Waterloo, Iowa
by repealing Subsection 7-49 and enacting in lieu thereof new Subsection
7-49 thereto", be adopted. Ayes: Seven. Or adopted and upon
approval by Mayor assigned No. 3030.
76398 - Council Member Dowie asked if it would be better to hold to an ordinance
to establish the rates for sewer service charges instead of resolution.
May 29, 1979
76398 -
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(Continued)
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City Attorney Hultman recommended by ordinance,
Mayor Rooff reported callQ were received from businesses on sewer fees
that notices were just received. A discussion followed on delay of
action.
Moved by Roehr, seconded by Burton that the word "resolution" be struck
from Sec. 34-54 Sub -section (f), line two, and the word "ordinance" in-
serted in lieu thereof, in the Ordinance amending Chapter 34, Sewers,
Article III, and action on passage of said ordinance deferred until
June 4, 1979. Motion carried.
76399 - Mayor Rooff reported a study was made on two hour parking, and parking
on the parking, on southerly side of Commercial Street from West 18th
Street to West 11th Street due to report that a tremendous number of
people would be adversely affected; Quintin Parker checked at various
times at various locations in the seven block area, the high total was
23 cars on one side, customer parking, and some businessmen had been told
there would be no parking. Donald Pierce, 1500 Commercial Street, pre-
sented a petition against the ordinance.
Moved by Burton, seconded by Bowers that the above petition be received,
placed on file and referred to Quintin Parker for verification. Motion
carried.
76400 - 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 the first time. Ayes: Bowers, Burton, Dowie,
Penaluna, Roehr, Wilharm. Nay: Getty. Motion carried.
76401 - Justification for departure from normal 24 hour notice requirement was
that authorization was needed this week to show Washington, D.C. and
the hotel people the Council approved the intent. City Attorney Hultman
stated this was merely approving preliminary intent and the Council would
still have to pass on the ultimate binding yet to come.
Moved by Wilharm, seconded by Penaluna that "A resolution authorizing
the execution of a Memorandum of Agreement with Waterloo Industrial
Development Association", be adopted. Ayes: Seven. Resolution adopted
and upon approval by Mayor, assigned No. 26333.
76402 - Moved by Roehr, seconded by Getty that statement for Contract No. 166,
and City Engineer's recommendation for approval, be received, placed on
file and "Resolution approving -and accepting statement dated 5/21/79
from Schenk Engineering Company for engineering services for F.Y. 1979
Paving Program I, Contract No. 166", adopted. Ayes: Seven. Resolution
adopted and upon approval by Mayor, assigned No. 26334.
76403 - Moved by Getty, seconded by Roehr that "Resolution Bills", be adopted.
Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned
No. 26335.
76404 - Moved by Burton, seconded by Bowers that communication from Sewer Depart-
ment reporting termination of DeWayne E. Tompkins, and entitlement of
80 hours vacation pay and 194 hours sick leave pay, be received, placed
on file and "Resolution approving payment of $1,654.96 sick leave and
vacation pay to DeWayne E. Tompkins, Waterloo Sewer Department Employee",
adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor,
assigned No. 26336.
76405 - Moved by Bowers, seconded by Getty that communication from Community
Development Administrator, transmitting an Offer of Sale to City of
Waterloo from James L. and Ramona E. Rooff of Part of Lot 46 and Nally
32.3 ft of Lot 47, Block 10, Fractional Blocks Waterloo West described
as that part of said Lots lying between the Riverfront Improvement
Commission Line as established and a line that is 366.6 ft normally dist
NEly of and par to the NE line of Commercial Street, 183 West Ninth
Street, for the sum of $1,900.00, for Stage III -E Waterloo Flood Pro-
tection Project, and recommending approval, be received, placed on file
and "A resolution accepting and approving certain offers to sell real
May 29, 1979
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76405 - (Continued)
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property to the City and accepting and approving certain deeds", adopted,
and Mayor and Clerk directed and authorized to execute said Offer of
Sale agreement. Ayes: Seven. Resolution adopted and upon approval by
Mayor, assigned No. 26337.
76406 - Moved by Roehr, seconded by Burton that following request for permission
to attend function, with expenses allowed not to exceed amount shown,
be received, placed on file and approved:
Two Engineering Personnel to Nuclear Density Meters Training Session,
Milwaukee, Wisconsin, May 24 and 25, 1979, $100.00 + Use of City Car.
Ayes: Seven. Motion carried.
76407 - Moved by Wilharm, seconded by Getty that following applications for Beer
Liquor Licenses, be received, placed on file, approved and endorsed
applications forwarded to the Iowa Beer and Liquor Control Department:
Beer and Liquor License Applications - Class A
Loyal order of Moose Lo ge #328 of Waterloo, Iowa, 211 West 18th Street
Class C
e�urple Parrott, Inc., 2043 Logan Avenue
Sunday Sales - Beer and Liquor License Applications
Class A
oya rder of Moose Lodge #328 of Waterloo, Iowa, 211 West 18th Street
Motion carried.
76408 - Moved by Getty, seconded by Penaluna that application of Jennifer (S-tiith)
Clark, 329 Riehl Street, for massage technician permit, be received,
placed on file and granted subject to the requirements of ordinance
governing same. Motion carried.
76409 - Moved by Bowers, seconded by Burton that report of City Attorney and
list of bonds filed with Clerk through 5/28/79 be received, placed on
file and report and bonds approved. Motion carried.
76410 - Moved by Bowers, seconded by Getty that the Council adjourn. Motion
carried.
Katherine Gibbs,
May 29, 1979 City Clerk