HomeMy WebLinkAbout04/23/79April 23, 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 April 23, 1979. Mayor Rooff in the Chair. On
roll call: Present: Bowers, Burton, Dowie, Getty, Penaluna, Roehr, Wilharm.
Absent: None. Invocation by Councilman Bowers.
76140 - Moved by Roehr, seconded by Wilharm that the Agenda, as amended, for the
Regular Session of April 23, 1979 at 7:00 P.M., be accepted and approved.
Motion carried.
76141 - Moved by Wilharm, seconded by Bowers that the Minutes of the Regular
Session held April 16, 1979 at 7:00 P.M., be approved. Motion carried.
76142 - Moved by Roehr, seconded by Wilharm that proof of publication of notice
of public hearing to sell Disposal Parcel No. J -18(P), 130 Lincoln Street,
in Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, to David L.
and Sandra K. Neuendorf, as published in Waterloo Courier on March 16,
1979, be received and placed on file. Motion carried.
76143 - This being the time for hearing, the Mayor called for oral and written
objections, and there were none.
Moved by Burton, seconded by Dowie that "A resolution approving the sale
of Disposal Parcel No. J -18(P) 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,
assigned No. 26262.
76144 - City Clerk Gibbs stated at the IMFOA convention, William Sueppel, Atty,
said if agenda was amended without 24 hours notice and posting (unless
for good cause less time was given) the Council could discuss the amend-
ment but not take any action. Asst. City Attorney ne
Y Kennedy Y disagreed andgave the opinion that action could be taken.
76145 - Moved by Wilharm, seconded by Roehr that recommendation of Police Chief
for the purchase of two vehicles for use by Police Department, funded in
part by NE Iowa Area Crime Commission Child Abuse Grant, Grant II, be
received, placed on file, the bid of Dick Witham Chevrolet, Inc., Cedar
Falls, in the amount of $9,194.12 accepted, and the Finance Director
Directed and authorized to issue purchase order and warrant for City's
share of cost. Ayes: Seven. Motion carried.
j
76146 - Mayor Rooff informed a large number of citizens who had experienced
damage to their homes in the flash flood last Friday that the City staff
had received no warning. He reported there was no truth to the rumors
that (1) the Dry Run gates were closed as no gates were there, (2) the
police officers had parked their cars and sat there, as he had many calls
that they were up and down the streets but it could be the residents were
so use to ambulance sirens that they didn't notice them. He stated the
Dry Run Creek holding basin project didn't stop the water as it was only
1/6th completed; also, massive basins were to be constructed in Liberty
1 Park and at 520. In the Blowers Creek area, this was in 1980 Capital
Improvement Program, and the first item was replacement of the Lafayette
Bridge, then the railroad culverts on Highway 20 and culverts in Sunshine
area. He pointed out in a flash flood the only preparation was evacuation
of people and the Red Cross had set up at McKinstry School to take care
of any comers. As to Carriage Hill, this was not in a study, a contract
has not been signed for a study, but as soon as a study is done, the City
will know what to do. Further, he has ordered (1) enlarging the conduit
in front of Cal Meyers, (2) a holding pond in the Water Works property
and (3) Pleasant Valley study ordered on building moratorium. In the
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a massive lift station but untilvanjoverall study isvfurnishedetheade Cityot
can't go ahead and it would have to spend some City money; the Blowers
Creek study was finished and some work was done, and an estimate for
cleaning said creek has been requested. Residents of Nancy Road and
Lynda Road, south of Hoover.Street reported water after every rain. Council
Member Wilharm said the Road dips from Rachael Street to Olympic Drive
and City maybe able to get a program for a larger inlet to take care of
low spot.
Mildred Armstrong, 1710 Zamora Drive, reported calling at 7:30 A.M. on
railroad bridge and culvert and if help had some, Eastgate Estates and
Woodland Terrace could be saved. Sewer Supt. Huntley stated all 8 of
his staff were out in flood areas. Mayor Rooff said everyone was out on
flood duty in the Police, Fire, Sewer, Street, etc. Departments. Mayor
Rooff said the culvert at Bishop Avenue and Independence Avenue would be
o
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76146 - (Continued)
enlarged. The Skyview area, Franklin Street,Mulberry Street, Hansen
Road had sewer problems. Cadillac Drive drains were plugged.and Mayor
Rooff said a Cedar Falls pumping station had raw sewage overflow, this
would be researched and if so, reported to EPA and DEQ.
Residents of 1100 and 1103 Cornwall Avenue reported homes flooded as tile
was inadequate, even snow melting backed up in sanitary sewer, also,
barricades were not brought out. Mayor Rooff said a check would be made
for capacity needed. Clarence Edwards, 1107 Cornwall Avenue, stated it
was unfair for additional construction to put the burden on the residents
and they could not wait for federal grant. Discussed was a duplicate
sewer installation a block up from West 9th Street.
Mayor Rooff called for additional reports, there were none, and assured
the residents the City was not taking their concerns lightly and was
going to try to do something about it. Council Member Roehr said he
received twenty (20) calls from the Letsch Road and Pleasant Valley area.
Moved by Wilharm, seconded by Burton that the above presentations from
the citizens be received and placed on file. Motion carried.
76147 - Jim Redman for Amvets of Black Hawk County presented the "Vial of Life"
program which provides information in emergencies.
Moved by Getty seconded by Wilharm that the above presentation be re-
ceived and placed on file. Motion carried.
76148 - Mayor Rooff welcomed members of Girl Scout Troop 493 of Longfellow and
Lincoln Schools, Girl Scout Troop 77 and Boy Scout Troop 11.
76149 - Lynne Blesz, 122 Park Lane, and Mary Lau, 321 Prospect Avenue, requested
permission to paint house numbers on curbs.
Moved by Burton, seconded by Wilharm that the above request be received,
placed on file and granted. Motion carried.
76150 - Moved by Roehr, seconded by Dowie that request from Black Hawk Develop-
ment Corp. for Godfather's Pizza for permission to construct one 35'
commercial curb cut at 1946 Schukei 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.
76151 - Moved by Wilharm, seconded by Roehr that request from the Salavation
Army, for permission to construct one 24' commercial curb cut at 207
Logan Avenue, as shown on attached plat, and City Engineer's recommenda-
tion for approval subject to the provisions of his letter, be received,
placed on file, recommendations approved and permission granted in
accordance therewith. Motion carried.
76152 - Moved by Burton, seconded by Bowers that request from Waterloo -Cedar Falls
Board of Realtors for Neighborhood Housing Services, for Council on its
own motion to Conditional Zone in an "R-2" One and Two Family Residence
District for a period not to exceed four years for site office purposes,
the N 80' of Lot 7, in Plat of Subdivision of Block 3, North Addition,
located at intersection of Manson Street and Newell Street, as shown on
attached plat, and City Zoning Commission's recommendation for approval,
be received, placed on file, recommendation approved, date of hearing set
as May 14, 1979 at 7:00 P.M. and Clerk instructed to publish notice.
Motion carried.
76153 - Mayor Rooff reported a building permit was refused on 4/16/79 in Pleasant
Valley - Castle Hill area.
Ed Gallagher, Jr., Atty for developers, stated his client had compromised
down to 65 units, has sustained losses due to moritorium, and asked per-
mission to build an 8-plex, 2 duplexes and Exceptional Persons, Inc.
Questioned was why residents turned down compromise and Harry Zanville,
Atty. , stated the sewer and traffic problems were not addressed. Sewer
Supt. Huntley spoke against any additional units. Mayor Rooff said sewer
was City problem. Atty. Gallagher said City had all the facts at time of
approving plat. Discussed was pyramiding, creating more problem for
Westbourne, letting court make decision, etc.
.April 23, 1979
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76153 - (Continued)
Moved by Roehr, seconded by Getty that communication from Edward J.
Gallagher, III, for L.T. Enterprises, requesting the rescinding of the
building permit moratorium for construction on Lot 1, Homestead Addition,
be received, placed on file, request denied and moratorium retained.
Ayes: Seven. Motion carried.
76154 - Moved by Getty, seconded by Roehr that communication from Edward J.
Gallagher, III, for Shadow Wood Company requesting action be taken on
Preliminary Plat of Homestead First Addition, be received and placed on
file. Motion carried.
76155 - Moved by Roehr, seconded by Bowers that the Preliminary Plat of Homestead
First Addition, be denied. Ayes: Seven. Motion carried.
76156 - Moved by Getty, seconded by Burton that communication from City Engineer,
reporting on water services to properties abutting a street to be con-
structed under an assessment program, (F.Y. 1979 Paving Program No. 2.,
Contract No. 170), and recommending the Council inform the owners of
more than one lot that the City will construct new water services to each
of the presently platted lots, in conformance with the requirements of
the State law, be received, placed on file, recommendations approved and
City Engineer instructed to proceed in accordance therewith. Motion
carried.
76157 - Moved by Dowie, seconded by Wilharm that communication from Waterloo
Municipal Airport Commission reporting on request of Sunnyside Temple
"for permission to land a helicopter at the GMC Trucks of Iowa parking
lot on Highway 63 South on Saturday, June 16, 1979, referred to said
Commission under Council Action #76120 of 4/16/79, that it has no
jurisdiction in said location but recommended the pilot confer with the
Control Tower chief (FAA), be received, placed on file and said report
referred to Sunnyside Temple to contact Control Tower chief. Motion
carried.
76158 - Moved by Wilharm, seconded by Roehr that communication from Plan and
Program Commission, transmitting Lease Agreement dated 4/23/79 with
Chase Auto Parts Co. Inc. for 2.06 acres in Riverview Addition for a
period of one year of 5/1/79 thru 4/30/80 for the sum of $500, subject
to certain stipulations, hold harmless clause and insurance coverage to
the City of Waterloo as provided in attached Exhibit "A", be received,
placed on file and action deferred until May 7, 1979 for a revised lease.
Motion carried.
76159 - Moved by Bowers, seconded by Penaluna that communication from City
Attorney, transmitting farm lease dated 4/18/79 with Jenny Anderson for
approximately 13 acres in Virden Creek Dam Area with City to retain all
flowage easement rights, for the period of May 1, 1979 thru December 31,
1979, subject to certain stipulations, for the sums of $585.00 on 5/1/79,
and $555.00 on 10/1/79, be received, placed on file and "Resolution
approving farm lease with Jenny Anderson and authorizing execution of
same adopted. Ayes: Seven. Resolution adopted and upon approval by
Mayor, assigned No. 26263.
76160 - Mayor Rooff said plans were for parking lot for City Hall but for time
being will keep garage and equipment.
Moved by Penaluna, seconded Burton that communication from Mayor Rooff,
submitting an offer from Getty Oil Company to sell to the City of Waterloo
Iowa, a parcel of land at they SE corner of intersection of East Fifth
Street and Franklin Street, as shown on attached map , for the sum of
$75,000, confirmed by an appraisal, and a real estate sales contract, and
recommending approval, be received, placed on file, "Resolution accepting
and approving an offer from Getty Oil Company to sell the City of Waterloo
Iowa, real property at SE corner of intersection of East Fifth Street and
Franklin Street, authorizing the execution of real estate sale contract,
and accepting and approving deed", adopted. Ayes: Seven. Resolution
adopted and upon approval by Mayor, assigned No. 26264.
April 23, 1979
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76161 - Moved by Roehr, seconded by Dowie that communication from Plan and Pro-
gram Commission, transmitting a site plan for Crossroads Theatre, 2450
Crossroads Boulevard, a "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 May 14, 1979 at 7:00 P.M. in City
Hall and Clerk instructed to publish notice. Motion carried.
76162 - Plan and Program Director Franke said developer would provide sump pumps.
Moved by Bowers, seconded by Getty that Preliminary Plat of Jarrett Addi-
tion with 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 "Resolution approving the Pre-
liminary Plat of Jarrett Addition, Waterloo, Black Hawk County, Iowa",
adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor,
assigned No. 26265.
76163 - Moved by Wilharm, seconded by Roehr that Black Hawk County Criminal,
Justice Information System Agreement for a joint controlling board,
pursuant to Chapter 28E, 1977 Code of Iowa as amended, be received,
placed on file, and "Resolution approving the Black Hawk County Criminal
Justice Information System Agreement", adopted. Ayes: Seven. Resolution
adopted and upon approval by Mayor, assigned No. 26266.
76164 - Moved by Wilharm, seconded by Burton that "An Ordinance establishing
names for certain private streets within the City of Waterloo, Iowa",
be received, placed on file, considered and passed for the first time.
Ayes: Seven. Motion carried.
76165 - Moved by Wilharm, 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 second and third times, and now placed on its final
adoption. Ayes: Seven. Motion carried.
76166 - Moved by Getty, seconded by Wilharm that "An Ordinance establishing names
for certain private streets within the City of Waterloo, Iowa", be adopted
Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No.
3021.
76167 - Moved by Bowers, seconded by Penaiuna that "A resolution transferring
from the Road Use Tax Fund the sum of Two Hundred Sixty -Seven Thousand
Three Hundred Fifteen Dollars and Sixty -Three Cents ($267,315.63) to
Street Related Capital Improvement Projects", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 26267.
76168 - Moved by Burton, seconded by Bowers that "A resolution transferring from
the Federal Revenue Sharing Fund the sum of Four Hundred Thousand Dollars
($400,000.00) to the General Fund", be adopted. Ayes: Seven. Resolution
adopted and upon approval by Mayor, assigned No. 26268.
76169 - Moved by Penaluna, seconded by Burton that "A resolution transferring
from the Motor Vehicle Parking Facilities Renewal, Replacement, & Im-
provement Fund the sum of Thirteen Thousand One Hundred Eight Dollars
and Fifty -Seven Cents ($13,108.57) to the Parking East Park and Sycamore
Street Fund", be adopted. Ayes: Seven. Resolution adopted and upon
approval by Mayor, assigned No. 26269.
76170 - Moved by Dowie, seconded by Getty that statement for engineering services
for Contract No. 168, East San Marnan Drive Paving and Incidentals, and
City Engineer's recommendation for approval, be received, placed on file
and "Resolution approving and accepting statement dated 4/1/879 from
Wayne Claassen Engineering & Surveying, Inc. for engineering services
for Contract No. 168, East San Marnan Drive Paving and Incidentals",
adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor,
assigned No. 26270.
76171 - Moved by Getty, seconded by Wilharm that statement for engineering ser-
vices for Miscellaneous Contract for Alabar Avenue, and City Engineer's
recommendation for approval, be received, placed on file and "Resolution
approving and accepting statement dated 4/18/79 from Wayne Claassen
Engineering & Surveying, Inc. for engineering services for Miscellaneous
contract for Alabar Avenue", adopted. Ayes: Seven. Resolution adopted
and upon approval by Mayor, assigned No. 26271.
April 23, 1979
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76172 - Moved by Getty, seconded by Roehr that "Resolution, Bills", be adopted.
Ayes: Seven. Dowie voted with reservations for reason of possible
conflict of interest under Section 362.6 of Code of Iowa. Resolution
adopted and upon approval by Mayor, assigned No. 26272.
76173 - Moved by Getty, seconded by Penaluna that statement for Contract No.170
and City Engineer's recommendation for approval, be received, placed on
file and "Resolution approving and accepting statement dated 4/16/79
from Schenk Engineering Company for engineering services for F.Y. 1979
Paving Program II, Contract No. 170", adopted. Ayes: Seven. Resolution
adopted and upon approval by Mayor, assigned No. 26273.
76174 - Moved by Roehr, seconded by Bowers that the Delinquent Weed Certification
List, together with cost for the destruction of weeds, vines, bushes, etc.
be received, placed on file and "Resolution fixing time and place for
hearing on proposed assessments for cutting and destruction of weeds for
1978", adopted, with date of hearing set at May 14, 1979. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 26274.
76175 - Moved by Burton, seconded by Bowers that request of G.P. Schoenfelder
for Council on its own motion to rezone from "A-1" Agricultural District
and "R-4" Multiple Family Residence District to "C-2" Commercial District
approximately two acres in part of Section 2 -88N -13W located SW of Sears
Street and N of U.S. Highway 412, as shown on attached plat and legally
described in attached Attachments A and B, together with consent petitions
and City Zoning Commission's recommendation for approval, be received,
placed on file, recommendation approved, date of hearing set as May 14,
1979 at 7:00 P.M. and Clerk instructed to publish notice. Motion carried.
76176 - Moved by Roehr, seconded by Burton that request of Waterloo City Zoning
Commission for Council on its own motion to rezone from "A-1" Agricultural
District to "R-2" One and Two Family Residence District approximately 20
acres in Section 29 -89N -13W, located west of Fleur Drive and south of
Sager Avenue, as shown on attached plat, for single family residences
and duplexes, and said Commission's recommendation for approval, be
received, placed on file, recommendation approved, date of hearing set
as May 14, 1979 at 7:00 P.M. and Clerk instructed to publish notice.
Motion carried.
76177 - Moved by Dowie, seconded by Penaluna that communication from Personnel
Director reporting resignation of L. Robert Melendy, Assistant Personnel
Director, from Personnel Department, effective 4/19/79, and entitlement
of 161 hours sick leave and 160 hours vacation pay, be received, placed
on file and "Resolution approving payment of $2,468.49 sick leave and
vacation pay to L. Robert Melendy, Resignee of Personnel Department",
adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor,
assigned No. 26275.
76178 - Moved by Getty, seconded by Wilharm that communication from City Clerk
recommending for Council appointment the name of Jolene DeLorbe to the
position of Deputy Clerk in the City Clerk's Office, effective immediately,
at the current F.Y. 1979 salary of $15,000, be received, placed on file,
recommendation approved and Jolene DeLorbe appointed Deputy Clerk in
accordance therewith. Motion carried.
76179 - Moved by Roehr, seconded by Wilharm that communication from Personnel
Director submitting salary proposal for non-union City employees, effec-
tive July 1, 1979, be received and placed on file. Motion carried.
76180 - Moved by Roehr, seconded by Burton that communication from Chief of Police
reporting retirement of John "Jack" Kotosky from the Waterloo Police
Department, effective 5/1/79, and entitlement of 125 days sick leave and
15 days vacation pay, be received, placed on file and action deferred
until May 7, 1979. Motion carried.
76181 - Moved by Wilharm, seconded by Getty that applications, together with
necessary fees, of Waterloo Yellow Cab Co., 711 Commercial Street, for
thirteen (13) taxicab licenses for year beginning May 1, 1979, be received
placed on file and granted. Motion carried.
76182 - Moved by Wilharm, seconded by Roehr that following applications for taxi-
cab driver's permits be received, placed on file and granted:
Thomas S. Murtha, 1157 Mitchell Avenue;
Erick Gafeney, 1603 Ackermant Street
Motion carried.
April 23, 1979
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76183 - Moved by Bowers, seconded by Burton that application for thirty-eight
(38) taxicab drivers, as per attached list, submitted by Waterloo Yellow
Cab Company for renewal of Taxicab Driver's Licenses for year beginning
May 1, 1979, together with approval of Police Department, be received,
placed on file and granted. Motion carried.
76184 - Moved by Bowers, seconded by Getty that following applications and bonds
for renewal of Junk Dealer Licenses, be received, placed on file, approved
and granted subject to the requirements of the ordinance governing same:
Cohn Bros., Inc., 911 Commercial Street;
Motion carried. Weissman Iron & Metal, Inc., 700 Falls Avenue
76185 - Moved by Penaluna, seconded by Bowers that following applications and
bonds for Auto Salvage Yard Licenses be received, placed on file, approved
and granted subject to the requirements of the ordinance governing same:
Nathan Lipkin dba Commercial Auto, 1330 Commercial Street;
Donald J. Pierce dba Pierce Used Cars, 1500 Commercial Street;
Chase Auto Parts Co., Inc., 1117 Sheffield Avenue (Scrap Yard);
Chase Auto Parts Co., Inc., 1117 Sheffield Avenue (Main Yard).
Motion carried.
76186 - Moved by Bowers, 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 Liquor License Applications
Class C
Zilch Ltd. dba Corner Tap, 108 Jefferson Street
Thelma Luloff dba Fortune's Tavern, 328 Elm Street
Motion carried.
76187 - Moved by Wilharm, seconded by Penaluna that following applications for
dance licenses, be received, placed on file and granted:
Zilch, Ltd., dba Corner Tap, 108 Jefferson Street
National Cattle Congress dba Electric Park Ballroom, Conger Street
and Rainbow Drive
Mike Hoye, Inc. dba Iron Fireman Lounge, 341 Fletcher Avenue
H & F Inc. of Waterloo dba The Round -Up Lounge, 1927 Jefferson Street
Motion carried.
76188 - Moved by Getty, seconded by Bowers that application of Lindbergh Whitis
dba Lindbergh's Massage Parlor #1 for a Massage Business Permit at 1604
Lafayette Street, together with fee of $25.00, be received, placed on
file and granted subject to the requirements governing same. Motion
carried.
76189 - Moved by Bowers, seconded by Burton that report of City Attorney and
list of bonds filed with Clerk through 4/23/79 be received, placed on
file and report and bonds approved. Motion carried.
76190 - Moved by Dowie, seconded by Roehr that the Council adjourn. Motion
carried.
April 23, 1979 Katherine Gibbs,
City Clerk