HomeMy WebLinkAbout05/21/79lay 21, 1979
The Council of City of Waterloo, Iowa met in Regular Session in Council Cham-
bers in the City Hall at 7:00 P,M., on May 21, 1979, Jack L. Roehr, Mayor Pro
Tem in the Chair. On roll call: Present: Bowers, Burton, Dowie, Getty,
Penaluna, Roehr, Wilharm. Absent: None. Invocation by Councilman Wilharm.
76323 - Moved by Dowie, seconded by Penaluna that the Agenda, as proposed, for
the Regular Session of May 21, 1979 at 7:00 P.M., be accepted and
approved. Motion carried.
76324 - Moved by Burton, seconded by Bowers that the Minutes of the Regular
Session held May 14, 1979 at 7:00 P.M, be approved. Motion carried.
76325 - Moved by Bowers, seconded by Getty that proof of publication of notice
of public hearing as proposed plans, specifications, form of contract,
estimate of cost, etc. for F.Y. 1979 Street Rejuvenation Program, Con-
tract No. 174, be received and placed on file. Motion carried.
76326 - This being the time for hearing, the Mayor Pro Tem called for oral and
written objections, and there were none.
Moved by Wilharm, seconded by Burton that "Resolution adopting plans,
specifications, form of contract and estimated cost for F.Y. 1979
Street Rejuvenation Program, Contract No. 174", be adopted.
Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem,
assigned No. 26317.
76327 - Moved by Bowers, seconded by Penaluna that the two (2) bids be received,
placed on file, the Clerk instructed to open same but not read, and
referred to Engineers for inspection. Motion carried.
76328 - Moved by Penaluna, seconded by Dowie that proof of publication of notice
of public hearing to sell Disposal Parcel No. J-36, Utica and Franklin
Streets, in Westfield -Virden Urban Renewal Area, Project No. Iowa R-7,
to Wood Products Company, as published in Waterloo Courier on April 19,
1979, be received and placed on file. motion carried.
76329 - This being the time for hearing, the Mayor Pro Tem called for oral and
written objections, and there were none.
Moved by Bowers, seconded by Getty that "A resolution approving the
sale of Disposal Parcel No. J-36 in the Westfield -Virden Urban Renewal
Area, Project No. Iowa R-7, and authorizing the execution of the
necessary contract for sale of land for private redevelopment and deed"
be adopted. Ayes: Seven. Resolution adopted and upon approval by
Mayor Pro Tem, assigned No. 26318.
76330 - Moved by Dowie, seconded by Getty that the following sealed informal
bids for one Trencher for use by the Electrical Department, be received,
placed on file, Clerk instructed to open same and referred to the City
Electrician and Finance Committee for checking and report back:
1. Vermeer Sales & Service, Inc., Pella, Iowa $16,800.00
2. Case Power and Equipment, Cedar Rapids, Iowa $17,996.00
3. Ditch -Witch -Iowa, Inc., Slater, Iowa
Motion carried.
$18,552.00
76331 - Virginia Hollins Davidson, Atty. of Legal Services Corporation of Iowa,
spoke in behalf of Charlotte Parker, Mary A. Roby and Faro Roby in their
requests for suspension of current taxes and read Section 427.8 of the
Code of Iowa "Petition for Exemption". She gave the following information
and stated each was screened carefully and considered on individual
merit. Charlotte Parker, 68 years old, widow, 419 Lane Street, taxes
$348.00, income $5196; Mary A. Roby, 83 years old, 310 Cottage Street,
taxes $113.95, income $5604; Faro Roby, 76 years old, 234 Sumner Street,
taxes $248.88, income $5868. Discussed was other avenues for relief, an
avalanche of requests, could not recoup taxes as not a lien, etc.
Virginia Davidson was asked to submit a brief addressing terminology of
suspension and cancellation. Mayor Pro Tem Roehr stated the City could
not jeopardize its tax base and the question was how many persons were
eligible, and it was pointed out that the Council had to use the right
word so the taxes could be a lien -on the property.
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76331 - (Continued)
Moved by Getty, seconded by Wilharm that communication from Legal
Services Corporation of Iowa requesting reconsideration of petition
from Faro Roby for exemption of current taxes on 11 80' Lot 1, Block 6,
Hammond and Hopkin's Addition, 234 Sumner Street, in the amount of
$248.88, be received, placed on file, and action deferred until May 29,
1979. Motion carried.
76332 - Moved by Bowers, seconded by Burton that communication from Legal Ser-
vices Corporation of Iowa requesting reconsideration of petition from
Mary A. Roby for exemption of taxes against W 20' of Lot 4 and E 20' of
Lot 5, Block 3, Hammond and Hopkins Subdivision, known as 310 Cottage
Street, in the amount of $113.95, be received, placed on file and action
deferred until May 29, 1979. Motion carried.
76333 - Moved by Getty, seconded by Bowers that communication from Legal Ser-
vices Corporation of Iowa requesting reconsideration of petition from
Charlotte Parker for exemption of current taxes on E 141;' of Lot 17,
in C.O. Balliett and F.K. Gilbert's Subdivision of the 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 the amount of X348.00, be received, placed on file
and action deferred until May 29, 1979. Motion carried.
76334 - Moved by Dowie, seconded by Bowers that request from Wm. F. Mclntee &
Sons, Inc. for permission to construct one 22' commercial curb cut at
501 Colby Road, as shown on attached plat, and City Engineer's re-
commendation for approval subject to the provisions of his letter, be
received, placed on file, recommendations approved and permission
granted in accordance therewith. Motion carried.
76335 - Moved by Burton, seconded by Getty that request from Cecil Burns for
permission to construct one 24' commercial curb cut at 2759 St. Francis
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. Motion carried.
76336 - Moved by Wilharm, seconded by Bowers that request from Wm. F. McIntee
& Sons, Inc. for permission to construct two 22' commercial curb cuts
at 1112 Langley Road, 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. Motion carried.
76337 - Moved by Wilharm, seconded by Dowie that request of Donald M. Jasper
for permission to construct a temporary asphalt driveway at 1713 West
7th Street without regard to sidewalk grade, together with $3.00 for
recording waiver, and City Engineer's recommendation for approval sub-
ject to the provisions of his letter, be received, placed on file,
approved and "Resolution granting permission to Donald M. Jasper and
authorizing construction of a temporary asphalt driveway at 1713 West
7th Street, irrespective of a "later official grade", adopted. Ayes:
Seven. Resolution adopted and upon approval by Mayor Pro Ten,assigned
NO . ' 26319 .
76338 - Moved by Wilharm, seconded by Dowie that request of Dennis E. Moore
for permission to construct a temporary asphalt driveway at 846 Belle
Street without regard to sidewalk grade, together with $3.00 for re-
cording 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 Dennis E. Moore and authorizing
construction of a temporary asphalt driveway at 846 Belle Street,
irrespective of a later official grade", adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem;i<;ned No. 26320.
76339 - Moved by Wilharm, seconded by Dowie that request of Wayne S. Hartleip
for permission to construct a temporary asphalt driveway at 1654
Easton 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 Wayne S. Hartleip and
authorizing construction of a temporary asphalt driveway at 1654,
Easton Avenue, irrespective of a later official grade", adopted. Ayes:
Seven. Resolution adopted and upon approval by Mayor Pro Tem a3sigaed No.
26321.
May 21, 1979
''\ -3- '1
76340 - Moved by Getty, seconded by Dowie that Financial Report of Board of
Waterloo Water Works Trustees for quarter ending March 31, 1979, be
received and placed on file. Motion carried.
76341 - The Engineers reported the bids for F.Y. 1979 Street Rejuvenation Pro-
gram, Contract No. 174, were in order and could be read.
Moved by Wilharm, seconded by Getty that the Clerk be instructed to
read the bids, which were as follows, and same referred to the Engineers
for checking:
Bidder Amount of Bid Bid Bond
Rohlin Construction Co., Inc., Waterloo 07,736.6 10%
Aspro, Inc., Waterloo
Motion carried.
$ 93,904.10 5%
76342 - The Engineers, having check the bids for F.Y. 1979 Street Rejuvenation
Program, Contract No. 174, reported the bid of Aspro, Inc. of Waterloo,
Iowa in the amount of $93,904.10 was the lowest bid received,
Moved by Getty, seconded by Burton that above recommendation be received
placed on file and "Resolution making award of contract for F.Y. 1979
Street Rejuvenation Program, Contract No. 174 to Aspro, Inc. in the
amount of $93,904.10", be adopted. Ayes: Seven. Resolution adopted
and upon approval by Mayor Pro Tem, assigned No. 26322.
76343 - Moved by Getty, seconded by Bowers that communication from Plan and
Program Commission, transmitting a revised, proposed site plan for
Veterans of Foreign Wars (VFW) building near intersection of Reber
Avenue and Fletcher Avenue, and recommending approval, subject to
certain conditions, together with copy of objection petition, and on
Council's own motion, be received, placed on file, approved and date
of hearing set as June 11, 1979 at 7:00 P.M. in City Hall and Clerk
instructed to publish notice. Motion carried.
76344 - Moved by Dowie, seconded by Penaluna that Construction Permit No. 79-243-
7 for Sanitary Sewer Extension for Crossroads Estates and Construction
Permit No. 79-264-W for Water Main Extension for Fifth Addition to South -
ridge from Iowa Department of Environmental Quality, subject to certain
conditions and requirements, be received and placed on file. Motion
carried.
76345 - Moved by Getty, seconded by Penaluna that construction plans for paving
serving Southridge Fifth Addition and City's Engineer's recommendation
for approval, be received, placed on file and approved. Motion carried.
76346 - Moved by Dowie, seconded by Getty that construction plans for sanitary
sewerage, storm sewer, and paving facilities serving Jane Second
Addition, together with Treatment Agreement Form C 9/75 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.
76347 - Moved by Getty, seconded by Bowers that Change Order No. 1 for F.Y. 1979
Paving Program No. 2, Contract No. 170, for additional work at an
additional cost of $80.00, by Cedar Valley Corporation, Contractors,
and City Engineer's recommendation for approval, be received, placed
on file, approved and Mayor and Clerk authorized and directed to execute
same. Motion carried.
76348 - Moved by Penaluna, seconded by Wilharm that "An Ordinance amending
Ordinance No. 2644, known as the Traffic Ordinance, by adding new Sub-
sections (44a) Hilltop Road, (90b) Sixth Street (West) and (90c) South
Hills Drive to Section 543, Thru Streets; by repealing Subsection (35)
Sixth Street (West) of Section 545, Yield Streets; by repealing Sub-
section (84) Euclid Avenue of Section 551, Parking Prohibited At All
Times On Certain Streets; by adding new Subsections (21a) Bellaire Road,
(46a) Colby Road, (84) Euclid Avenue, (95b) Flower Street, (158b) Lawn -
hill Avenue, (176a) Lynda Road, (202a) Nancy Drive, (202b) National
Drive, and (293a) Wendy Drive to Section 551, Parking Prohibited At All
Times On Certain Streets; and by adding new Section 570, Buses Only",
May 21, 1979
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76348 - (Continued)
be received, placed on file, considered and passed for the third time.
Ayes: Seven. Motion carried.
76349 - Moved by Getty, seconded by Dowie that "An Ordinance amending Ordinance
No. 2644, known as the Traffic Ordinance, by adding new Subsections
(44a) Hilltop Road, (90b) Sixth Street (West), and (90c) South Hills
Drive to Section 543, Thru Streets; by repealing Subsection (35) Sixth
Street (West) of Section 545, Yield Streets; by repealing Subsection
(84) Euclid Avenue of Section 551, Parking Prohibited At All Times On
Certain Streets; by adding new Subsection (21a) Bellaire Road, (46a)
Colby Road, (84) Euclid Avenue, (95b) Flower Street, (158b) Lawnhill
Avenue, (176a) Lynda Road, (202a) Nancy Drive, (202b) National Drive,
and (293a) Wendy Drive to Section 551, Parking Prohibited At All Times
On Certain Streets; and by adding new Section 570, Buses Only", be
adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor
Pro Tem, assigned No. 3027.
76350 - Moved by Wilharm, seconded by Getty that "An Ordinance amending
Ordinance No. 2479, as amended, by adding Sub -Section No. 161 to Section
2A-5, rezoning certain property", be received, placed on file, con-
sidered and passed for the second time. Ayes: Seven. Motion carried.
76351 - Moved by Dowie, seconded by Burton that the rules requiring ordinances
to be considered and voted on for passage at two prior meetings, sus-
pended, the above ordinance recorded as having been considered and
passed for the third time, and now placed on its final adoption. Ayes:
Seven. Motion carried.
76352 - Moved by Bowers, seconded by Getty that "An Ordinance amending Ordinance
No. 2479, as amended, by adding Sub -Section No. 161 to Section 2A-5,
rezoning certain property", be adopted. Ayes: Seven. Ordinance
adopted and upon approval by Mayor Pro Tem, assigned No. 3025.
76353 - Moved by Burton, seconded by Dowie that "An Ordinance amending Ordinance
No. 2479, as amended, by adding Sub -Section No. 163 to Section 2A-5,
rezoning certain property", be received, placed on file, considered and
passed for the second time. Ayes: Seven. Motion carried.
76,354 - Moved y Dowie, 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 third time, and now placed on its final adoption. Ayes:
Seven. Motion carried.
76355 - Moved by Burton, seconded by Bowers that "An Ordinance amending
Ordinance No. 2479, as amended, by adding Sub -Section No. 163 to
Section 2A-5, rezoning certain property", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor Pro Tem, assigned No.3026.
76356 - Sanitation/Health Director Hoffman reported the wording was not adequate
to enforce Chapter 7, Animal and Fowl Ordinance, which caused problems
with citations in court.
Moved by Bowers, seconded by Penaluna 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 first time. Ayes: Seven. Motion carried.
76357 - Moved by Getty, seconded by Penaluna 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: Bowers, Getty, Penaluna, Roehr. Nays: Burton, Dowie,
Wilharm. Motion not carried.
76358 - Moved by Bowers, seconded by Burton that "An Ordinance amending Chapter
34, Article III, Sewers of the Code of Ordinances of the City of Water-
loo, by repealing Sections 34-27, Definitions, Sections 34-53, "Do-
mestic 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;
May 21, 1979
IN% ON
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76358 - (Continued)
increase of rates and charges for delinquent payments", be received,
placed on file, considered and passed for the first time. Ayes: Seven.
Motion carried.
76359 - Moved by Getty, seconded by Bowers that "Resolution by the City Council
of the City of Waterloo, Iowa, as Waterloo Housing Authority, establish-
ing Tenant Eligibility for Elderly Project IA 50-3", be adopted. Ayes:
Seven. Resolution adopted and upon approval by Mayor Pro Tem, assigned
No. 26323.
76360 - Moved by Penaluna, seconded by Dowie that "Resolution by the City
Council of the City of Waterloo approving and confirming an amended
operating budget for the Housing Authority of the City of Waterloo for
the elderly project IA 50-3, said budget amended for operating period
ending June 30, 1979", be adopted. Ayes: Seven. Resolution adopted
and upon approval by Mayor Pro Tem, assigned No. 26324.
76361 - Moved by Burton, seconded by Getty that "Resolution by the City Council
of the City of Waterloo, Iowa, approving and confirming a fiscal year
operating budget for the Housing Authority of the City of Waterloo for
the elderly project IA 50-3, said budget being for a twelve month
period ending June 30, 1980", be adopted. Ayes: Seven. Resolution
adopted and upon approval by the Mayor Pro Tem, assigned No. 26325:
76362 - Moved by Wilharm, seconded by Dowie that communication from Karl E.
Hollingsworth resigning as Personnel Director, effective 6/8/79, and
entitlement to 3134 hours sick leave and 226-2/3 hours vacation pay,
be received, placed on file and "Resolution approving payment of
$5,063.96 sick leave and vacation pay to Karl E. Hollingsworth, Resignee
as Personnel Director", adopted, and wished good luck in his new
position. Ayes: Seven. Resolution adopted and upon approval by
Mayor Pro Tem, assigned No. 26326.
76363 - Moved by Bowers, seconded by Getty that communication from Waterloo
Police Department reporting resignation of Robert Trettin, effective
May 31, 1979, and entitlement of three weeks vacation pay and 121
days sick leave, be received, placed on file and "Resolution approving
payment of $3,642.36 sick leave and vacation pay to Robert Trettin,
resignee of Waterloo Police Department", adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem, assigned'No. 26327.
76364 - Moved by Burton, seconded by Dowie that communication from Street
Department reporting termination of Robert Decker, and entitlement
of 120 hours vacation pay and 333 hours sick leave, be received,
placed on file and "Resolution approving payment of $2,545.86 sick
leave and vacation pay to Robert Decker, Waterloo'Street Department
Employee #4547", adopted. Ayes: Seven. Resolution adopted and upon
approval by Mayor Pro Tem, .assigned No. 26328.
76365 - Moved by Bowers, seconded by Getty that communication from Water
Pollution Control Plant Superintendent, recommending for Council
appointment the name of W. John Legler to the position of Assistant
Director of the Waterloo Pollution Control Plant, effective May 18, 1979,
at the salary of $16,028, be received, placed on file, recommendation
approved and W. John Legler appointed Assistant Director of the Water
Pollution Control Plant in accordance therewith. Ayes: Seven. Motion
carried.
76366 - Moved by Dowie, seconded by Wilharm 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 - Class C
Daisy Dairy, Inc. dba Daisy Maid #5, 1206 W. 9th Street
Daisy Dairy, Inc. dba Daisy Maid #3, 1460 Ansborough Avenue
Kimball Grocery Inc. dba Kimball Avenue S and S, 2206 Kimball Avenue
Howard C. Wilcox dba Wilcox Food Fair, 229 Sunnyside Avenue
Pester Derby Oil Co dba Pester Derby, 611 Rainbow Drive
Beer Liquor Class C
Stuart Gee dba Mandarin Cafe, 510 Mulberry Street
NSD Corporation dba The Whistlestop, 110 Ida Street
Merton L. McDougall dba Pat's Place, 303 West 4th Street
Kit Kat Club dba The Hillcrest, 1933 Williston Avenue
May 21, 1979
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76366 - (Continued)
Sunday Sales Beer Class C
Daisy Dairy, Inc. dba Daisy Maid #5, 1206 W. 9th Street
Daisy Dairy, Inc. dba Daisy Maid #3, 1460 Ansborough Avenue
Kimball Grocery Inc. dba Kimball Avenue S and S, 2206 Kimball Avenue
Pester Derby Oil Co. dba Pester Derby, 611 Rainbow Drive
Sunday Sales Beer Liquor Class C
The Dugout, Inc., 1125 West Dona Street
Stuart Gee dba Mandarin Cafe, 510 Mulberry Street
NSD Corporation dba The Whistlestop, 110 Ida Street
Motion carried.
76367 - Moved by Burton, seconded by Bowers that report of City Attorney and
list of bonds filed with Clerk through 5/21/79 be received, placed on
file and report and bonds approved. Motion carried.
76368 - Mayor Pro Tem Roehr reported on the Pocket Billiards beer liquor
license hearing, the attorneys were hoping a meeting could be set up
next week.
76369 - Moved by Getty, seconded by Dowie that the Council adjourn. Motion
carried.
May 21, 1979
Katherine Gibbs,
City Clerk