HomeMy WebLinkAbout04/16/79April 16, 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 16,1979. Mayor Rooff in the Chair. On
roll call: Present: Bowers, Burton, Dowie, Getty, Penaluna, Roehr, Wilharm.
Absent: None. Invocation by Councilman Burton.
76093 - Moved by Roehr, seconded by Dowie that the Agenda, as proposed, for the
Regular Session of April 16, 1979 at 7:00 P.M., be accepted and approved.
Motion carried.
76094 - Moved by Wilharm, seconded by Getty that the Minutes of the Regular
Session held April 9, 1979 at 7:00 P.M., be approved. Motion carried.
76095 - The Mayor announced that this was the time set for deferred action on
the Resolution of Necessity for the "Waterloo, Iowa, F.Y. 1979 Paving
Program No. 1, Contract #166; introduced on 19th day of March, 1979.
There was discussion of the Resolution of Necessity, objections and other
related matters. On Cedar Terrace Drive, Mayor Rooff recommended the
Carol Trout property be assessed 25% as railroad was between the pro-
perty and said Drive with no access across, and full assessment on
Shaulis Road. Discussed was similar situation on Wren Road and no change-
made
hangemade in assessment, future development of property would give access
through Shaulis Road, etc.
Moved by Wilharm, seconded by Bowers that Cedar Terrace Drive be included
in Contract #166 paving program with the Carol Trout property to be
assessed 25% on Cedar Terrace Drive side and full assessment on Shaulis
Road. Ayes: Bowers, Burton, Dowie, Getty, Wilharm. Nays: Penaluna,
Roehr. Motion carried.
76096 - Mayor Rooff called for Foulk Road. Bessie Turner stated she was not
given a vote previously and was not in favor of curb and gutter.
Moved by Wilharm, seconded by Burton that the objection of Bessie Turner,
be received and placed on file. Motion carried.
76097 - Mayor Rooff read a petition of objection from Edward and Paula Pauley
et al opposing concrete, storm sewer and curb and gutter on Foulk Road,
and wanting asphaltic paving.
Moved by Dowie, seconded by Wilharm that above petition be received and
placed on file. Motion carried.
76098 - Discussion on Foulk Road covered splitting into two parts, 42 residents,
one property owner who had seven votes not sent a ballot, more than 50%
for project, storm sewer drainage, etc. Jeryl Stewart reported more
residents would have signed petition for asphalt but afraid would be
dropped from paving program. Jim Bosier of Silver Lake Estates reported
no vote but assessment, should have a voice.
Moved by Roehr, seconded by Dowie that Foulk Road be included in F.Y. 1979
Paving Program No. 1, Contract #166. Ayes: Dowie, Getty, Penaluna, Roehr
Wilharm. Nays: Bowers, Burton. Motion carried.
76099 - Moved by Getty, seconded by Burton that Bethel Street be included in Con-
tract #166 paving program. Motion carried.
76100 - Mayor Rooff called for Flammang Drive and stated the staff recommendation
was sewer assessments not be part of paving assessment but be charged on
hook up later when property developed. Discussed was 66% opposed, City
need for future development and traffic flow at Hammond Avenue and Cross-
roads.
Moved by Roehr, seconded by Burton that Flammang Drive in included in F.Y.
1979 Paving Program No. 1, Contract #166, with sewer assessments not to
be part of paving assessments but to be charged on hook up when property
developed, as recommended by City staff. Ayes: Bowers, Getty, Penaluna,
Roehr, Wilharm. Nays: Burton,Dowie. Motion carried.
76101 - Moved by Dowie, seconded by Burton that Suburban Heights Drive be included
in Contract #166 paving program. Motion carried.
76102 - Moved by Dowie, seconded by Roehr that North Avenue be included in Con-
tract #166 paving program. Motion carried.
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76103 - Moved by Roehr, seconded by Dowie that Tucson Drive be indluded in Con-
tract #166 paving program. Motion carried.
76104 - Moved by Penaluna, seconded by Wilharm that Chico Drive be included in
F.Y. 1979 Paving Program No. 1, Contract #166. Motion carried.
76105 - Moved by Getty, seconded by Roehr that "Resolution overruling objections
to F.Y. 1979 Paving Program No. 1, Contract No. 166," be adopted. Ayes:
Seven. Resolution adopted and upon approval by Mayor, assigned No.26252.
76106 - Moved by Roehr, seconded by Getty that "Resolution adopting Resolution
of Necessity (as proposed) for F.Y. 1979 Paving Program No. 1, Contract
#166", be adopted. Ayes: Seven. Resolution adopted and upon approval
by Mayor, assigned No. 26253.
76107 - Moved by Wilharm, seconded by Dowie that "Resolution directing Engineer
to prepare detailed plans and specifications and directing attorney to
prepare form of contract and notice to bidders on "Waterloo, Iowa, F.Y.
1979 Paving Program No. 1, Contract #166", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 26254.
76108 - Moved by Dowie, seconded by Roehr that City Engineer's detailed plans,
specifications, form of contract, form of proposal, preliminary estimate
of cost, etc. and notice to bidders for F.Y. 1979 Paving Program No. 1,
Contract No. 166, be received, placed on file and "Resolution ordering
bids, approving plans, specifications and form of contract and notice
to bidders, fixing amount of bid security, and ordering Clerk to publish
notice and fixing a date for receiving same, and for a public hearing on
plans, specifications, form of contract and estimate of costs for Con-
tract No. 166", adopted and date set as May 14, 1979. Ayes: Seven.
Resolution aodpted and upon approval by Mayor, assigned No. 26255.
76109 - Moved by Roehr, seconded by Wilharm that proof of publication of notice
of public hearing on site development plan to Heritage Square, southeast
of intersection of Kimball Avenue and East Ridgeway Avenue, a "S-1
Shopping Center District, in parts of Sections 3 and 4 -88N -13W, upon
recommendation of Plan and Program Commission and on Council's own motion
as published in Waterloo Courier on 3/30/79, be received and placed on
file. Motion carried.
76110 - This being the time for hearing, the Mayor called for oral and written
objections, and there were none.
Moved by Bowers, seconded by Getty that "Resolution approving site
development plan for Heritage Square, southeast of intersection of
Kimball Avenue and East Ridgeway Avenue, in parts of Sections 3 and 4-
88N -13W", be adopted. Ayes: Seven. Resolution adopted and upon approval
by Mayor, assigned No. 26256.
76111 - Alan McDonald of Waterloo Cablevision, Inc. reported additional services
are available covering sports, children programs, two different types of
movie channels, one first run and other limited to G and PG Home Theatre
Network, and presented a schedule of fees. (Test date set for May 15,
1979 and at that time will know when service will start.)
Moved by Wilharm, seconded by Bowers that the above report and schedule
be received, placed on file and "Resolution fixing the time and place
of public hearing on schedule of fees, for Waterloo Cablevision, Inc.
for Cable TV, as May 7, 1979 at 7:00 P.M. in the Council Chambers of
City Hall", adopted. Ayes: Seven. Resolution adopted and upon approv-
al of Mayor, assigned No. 26257.
76112 - Mayor Rooff recommended that not all Council meetings be held in City
Hall, but at least one Council meeting held in each of the five wards.
Moved by Bowers, seconded by Dowie that the City Code of Ordinances,
Section 2-16 be amended to allow the place of Council meetings to be
held in each of the five wards and the City Attorney instructed to sub-
mit an ordinance accordingly. Motion carried.
76113 - Roy Lauer, a Skyview area resident, reported high water in the Short
Street and Mulberry Street area due to broken tile and presented pictures.
Moved by Bowers, seconded by Wilharm that the above report and pictures
be received and placed on file. Motion carried.
April 16, 1979
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76114 - Charles Betts reported he had maintained a ditch on Franklin Street, but
last summer sanitary sewer was put in on Short Street, Mulberry Street to
Franklin Street and tile broken and not replaced. Mayor Rooff asked
Mr. Lauer and Mr. Betts to meet with City Engineer to point out where
culverts were.
76115 - Don Pierce asked if parking restriction would be brought up tonight and
was informed if would not and he would be notified.
76116 - Moved by Bowers, seconded by Dowie that offer of Wood Products Company,
127 Utica Street, to purchase Disposal Parcel No. J-36, Utica and Franklin
in Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, for the
stun of $3,400.00 for storage purposes, and Community Development Board
approval report, be received, placed on file, "A resolution authorizing
the sale of Disposal Parcel No. J-36, in the Westfield -Virden Urban
Renewal Area, Project No. Iowa R-7", adopted and hearing set for May 21,
1979 at 7:00 P.M. in Council Chambers in City Hall. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 26258.
76117 - Mayor Rooff asked if the taxes were held in remission, would they be a
lien on the property.
City Attorney Hultman stated this was not correct, that the only possible
posture to regain would be if on tax sale, and today's statutes do not
specify regain; this would be forgiveness type, Council has authority
to recommend and if it doesn't recommend approval, County could not go
forward. A question was raised on School Board involvement, also how
much, age or infirmed, house number and street, etc.
Moved by Burton, seconded by Dowie that petition from Faro Roby request-
ing suspension or remission of taxes on account of age or infirmity for
current year on N 80', Lot 1, Block 6, Hammond and Hopkin's.Addition,
under the provision of Section 427.8 of the Code of Iowa, be received,
placed on file, and action deferred until City has more information
from Board of Supervisors. Motion carried.
76118 - Moved by Burton, seconded by Dowie that petition from Charlotte Parker
requesting suspension or remission of taxes for current year on account
of age or infirmity on E 1412' of Lot 17, in C.O. Balliett and F.L.
Gilbert's Subdivision of the E 2 of Lot 2 and W 2 of Lot 3 in Hardy and
Virdens Plat of SE 4 of Section 24 -89N -13W, under the provisions of Sec-
tion 427.8 of the Code of Iowa, be received, placed on file, and action
deferred until City has more information from Board of Supervisors.
Motion carried.
76119 - Moved by Burton, seconded by Dowie that petition from Mary A. Roby re-
questing exemption from payment of property taxes -against W 20' of Lot 4
and E 20' of Lot 5, Block 3, Hammond and Hopkins Subdivision, known as
310 Cottage Street, under and pursuant to the authority of Section 427.8
of 1977 Code of Iowa, be received, placed on file, and action deferred
until City has more information from Board of Supervisors. Motion carried.
76120 - Moved by Roehr, seconded by Dowie that 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 to give childrer� rides for
Sunday school promotion purposes, be received, placed on file and referred
to Airport Commission for checking on State and Federal air regulations.
Motion carried.
76121 - Moved by Dowie, seconded by Burton that communication from City Engineer
reporting on House Mover's License for Herbert V. Nelson, and recommend-
ing approval for six months subject to revocation if equipment or the
methods used are deemed unsafe, be received, placed on file, recommenda-
tions approved, and upon receipt of application, bond and fee, license
granted in accordance with said recommendations. Motion carried.
76122 - Moved by Bowers, seconded by Burton that minutes of the regular meeting
of the Community Development Board held March 6, 1979 at 7:00 P.M., be
received, placed on file and approved. Motion carried.
76123 - Moved by Burton, seconded by Getty that Finance Director's Statement for
March, 1979 showing Fund Balance 3/1/79 $18,922,686.12, + Receipts
$2,680,617.48, - Bill Payments $909,331.48, - Payrolls $741,426.66, -
Transfers $758,932.26, - Commissions $760 251.81, Fund Balance 3/31'79
$18,433,361.39, be received, placed on fide and approved. Motion carried.
April 16, 1979
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76124 - Moved by Getty, seconded by Penaluna that communication from Personnel
Director, transmitting bargaining agreement with Teamsters Local 844
dated 4/1/679 for one year period of 7/1/79 thru 6/30/80. be received,
placed on file and "Resolution approving the Agreement with Teamsters
Local 844, and authorizing the Mayor to sign and execute same in behalf
of the City of Waterloo, Iowa", adopted. Ayes: Seven. Resolution
adopted and upon approval by Mayor, assigned No. 26259.
76125 - Moved by Dowie, seconded by Getty that Contract dated 4/16/79, bond and
insurance certificate with Cedar Valley Corporation for Contract No. 170
and City Engineer's recommendation for approval, be received, placed on
file and "Resolution approving the contract, bond and insurance certifi-
cate for FY 1979 Paving Program No. 2, Contract No. 170, and directing
execution of same by Mayor and Clerk", adopted. Ayes: Seven. Resolu-
tion adopted and upon approval by Mayor, assigned No. 26260.
76126 - Moved by Burton, seconded by Bowers that construction plans for sanitary
sewerage, storm sewer and paving facilities serving Crossroads Estates,
together with Treatment Agreement Form WQ-59 3/78 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.
76127 - Moved by Penaluna, seconded by Bowers that Engineering Contract dated
4/16/79 with Wayne Claassen Engineering and Surveying, Inc. for the
Cloverdale Acres Area Drainage Study and City Engineer's recommendation
for approval, be received, placed on file and "Resolution approving the
Engineering Contract with Wayne Claassen Engineering and Surveying, Inc.
for the Cloverdale Acrea Area Drainage Study, and directing execution of
said contract by Mayor and Clerk", adopted. Ayes: Seven. Resolution
adopted and upon approval by Mayor, assigned No. 26261.
76128 - Moved by Wilharm, seconded by Getty that Change Order No. 1 for Replace-
ment of the Cedar Terrace Drive Bridge, North of Shaulis Road, Contract
No. 100, for additional work by Dale J. Clark Contracting Company at an
additional cost of $3,693.00, and City Engineer's recommendation for
approval, be received, placed on file, approved and Mayor and Clerk
authorized to execute same. Ayes: Seven. Motion carried.
76129 - Moved by Wilharm, seconded by Burton that communication from City En-
gineer, submitting two lists of streets for Council's selection of streets
to be ordered included in the F.Y. 1979 Supplemental Paving Program, be
received, and placed on file. Motion carried.
76130 - Mayor Rooff announced Martha Street and Lobdell Road were included in
the F.Y. Supplemental Paving Program; also, the City would probably need
to sell bonds and take paving out of next year's program. Council
Member Getty noted Reed Street, Kern Street and Lincoln Street could be
eligible for block grant funding.
Moved by Wilharm, seconded by Burton that Forest Avenue be included
in above supplemental program. Motion carried.
76131 - Mayor Rooff stated it would be three weeks before Program would be
brought back, senority of requests would be looked at first, and 90 to
120 days before letting of contract.
Moved by Burton, seconded by Wilharm that as many more streets as can,
be placed in this Supplemental Program. Motion carried.
76132 - Dwayne Eilers stated he has property on Shilliam,Street assessed 200%
more than worth.
76133 - Moved by Roehr, seconded by Wilharm that following requests for permission
to attend functions, with expenses allowed not to exceed amounts shown,
be received, placed on file and approved:
Planning Director and Assistant to Effective Zoning Administration
Techniques Seminar Madison, Wisconsin, May 9 thru 11, 1979, $97.50 each;
Police Captain to Supervision of Police Personnel School, Evanston,
Illinois, April 22 to May 4, 1979, $1,103.25;
Three Fire Department EMTs to Triage in 'Trauma, Waterloo, May 4, 5 and
6, 1979, $165.00.
Ayes: Seven. Motion carried.
April 16, 1979
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76134 - Moved by Wilharm, seconded by Getty 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 B
Ce ar oo Raceway, Inc. dba Ce ar oo Raceway, 3717 University Avenue
Hong Kong Cafe, Inc. dba Hong Kong Cafe, 631 Lafayette Street
Beer Liquor License Applications Class C
Maudie Richardson dba Buck Hill Tap, 70 Cleveland Street
Thunderbird Tap of Waterloo, Ltd. dba Thunderbird Tap, 715 Ansborough
Avenue
Sunday Sales
Beer Permit Applications - Class B
Ce ar oo Raceway, Inc, dba Ce ar oo Raceway, 3717 University Avenue
Hong Kong Cafe, Inc. dba Hong Kong Cafe, 631 Lafayette Street
Motion carried.
76135 - Moved by Roehr, seconded by Wilharm that following applications for per-
mission to sell cigarettes be received, placed on file and granted:
South Hills Pro Shop, East Shaulis Road
Gates Park Pro Shop, 820 East Donald Street
Byrnes Park Pro Shop, West 4th and Fletcher Avenue
Motion carried.
76136 - Moved by Bowers, seconded by Getty that application of Robert J. Cook
dba Village Inn Lounge, 709 Jefferson Street, for a dance license, be
received, placed on file and granted. Motion carried.
76137 - Moved by Wilharm, seconded by Bowers that application of James Allen
Beem, 313 Central Avenue, Evansdale, Iowa for taxicab driver's permit,
be received, placed on file and granted. Motion carried.
76138 - Moved by Bowers, seconded by Dowie that report of City Attorney and list
of bonds filed with Clerk through 4/16/79 be received, placed on file
and report and bonds approved. Motion carried.
76139 - Moved by Wilharm, seconded by Roehr that the Council adjourn to meet as
a Board of Health. Motion carried.
April 16, 1979
Katherine Gibbs,
City Clerk
The Council of City of Waterloo, Iowa met as the Board of Health in Council Cham-
bers in the City Hall at 8:35 P.M., on April 16, 1979. Mayor Rooff in the Chair.
On roll call: Present: Bowers, Burton, Dowie, Getty, Penaluna, Roehr, Wilharm.
Absent: None.
Moved by Burton, seconded by Dowie that communication from City Health
Authority transmitting Health and Sanitation Monthly Report for March,
1979, be received and placed on file. Motion carried.
There being no further business, it was moved by Dowie, seconded by
Bowers that the Board of Health adjourn. Motion carried.
Katherine Gibbs,
City Clerk