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Home My WebLink About11/07/1977November 7, 1977 The Council of City of Waterloo, Iowa, met in Regular Session in Council Chambers in City Hall at 7:00 P.M., onNovember7, 1977. Mayor Rooff in the Chair. On roll call, Present: Bowers, Dowie, Geiger, Getty, Lichty, Roehr, Wilharm. Absent: None. Invocation by Councilman Geiger. 73165 - Moved by Roehr, seconded by Wilharm that the Agenda, as amended, for the Regular Session of November 7, 1977 at 7:00 P.M., be accepted and approved. Motion carried. 73166 - Moved by Wilharm, seconded by Bowers that the Minutes of the Regular Session held October 24, 1977 at 7:00 P.M., and of the Special Ses- sion held October 31, 1977 at 4:00 P.M., as corrected, be approved. Motion carried. 73167 - Moved by Roehr, seconded by Wilharm that proof of publication of No- tice of Public Hearing on the Budget Estimate for the Waterloo Water Works, City of Waterloo, Iowa, for the Calendar Year 1978, be received and placed on file. Motion carried. 73168 - This being the time for hearing, the Mayor called for oral and writ- ten objections, and there were none. Moved by Wilharm, seconded by Dowie that the Budget for the Waterloo Water Works, City of Waterloo, Iowa, for the Calendar Year 1978 be approved and adopted as previously read and published in the Waterloo Courier on October 28, 1977, and it shall be as hereinafter stated in the Budget Summary Certificate, and the City Clerk be and she is hereby instructed to file the adopted Waterloo Water Works 1978 Bud- get with the County Auditor as provided by law, said Budget being in words and figures as shown on the following page (see Page 2) Ayes: Seven. Motion carried. 73169 - Moved by Dowie, seconded by Bowers that proof of publication of no- tice of public hearing on proposal to vacate, sell and convey to Stanley J. and Marilyn J. Graff that part of N -S alley lying West of and adjacent to Lot 1, Block 1, Burnside, as published in Water- loo Courier on 10/28/77 for $214.60 plus costs, be received and placed on file. Motion carried. 73170 - This being the time for hearing, the Mayor called for written and oral objections, and there were none. Moved by Roehr, seconded by Bowers that "Ordinance vacating that part of N -S alley lying West of and adjacent to Lot 1, Block I, Burnside", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 73171 - Moved by Wilharm, seconded by Roehr that the rules requiring ordin- ances 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. 73172 - Moved by Roehr, seconded byrBowers that "Ordinance vacating that part of N -S alley lying West of and adjacent to Lot I, Block 1, Burnside", be adopted. Ayes: Seven. Ordinance adopted and upon approval of Mayor, assigned No. 2928. 73173 - Moved by WilhaLm, seconded by Roehr that "Resolution authorizing the sale and conveyance of that part of N -S alley lying West of and adja- cent to Lot 1, Block 1, Burnside, to Stanley J. and Marilyn J. Graff, 545 West Parker Street, for $214.60 plus costs, and directing and authorizing the Mayor and City Clerk to execute and deliver a deed for said property", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25471. 73174 - M. C. French, 1506 Riehl Street, inquired if Glen Avenue would be blacktopped and Mayor Rooff stated he would get with the City Engin- eer and Community Development Administrator. Moved by Roehr, seconded by Bowers that the above request, he received and placed on file. Motion carried. Classification WATER WORKS Broken-down $200,000.00 0 4> 0 G) J O 0 CC '0 t� W = 01 $1,760,000.00 $1,922,800.00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 4J CO 0 00 0 0 0000 n O O O O 0 0 0 0 0 CO 1 0 0 0 0 0 0 0 0 0 I.ra a ^ .. ^ ^ co 0000 OCD CD c: I rNr C' OI VD Ln 0101 I N CO r- O N OJ 0101 n r ber bR O O O O O O O O O• 4> O 000 N 0 0 0 0 01- 0000 t, I ^ ^ . & O ct O tDO M 0 r r N t t LO 1-- r- r tO 41- CD 4 • 0 0 0 0 n 0 0 0 0 t\ 0l O O O O r 0 0 0 0 O O O O {� 1D to 03 • M N Ln 'Cr N Ir r- 1- 1- m r b4 Q 3 1 ^ rt 4-' O >, I--•S- al Ip LO = 1� C 01 t0 r ▪ - Estimated Balance NC' ISleir B\ r 0 VD c- Ln0 r O t0 rLn CC) Ln M 01 LO N C ctM ^ WI II— r 41.e. 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G) O O t6 0.000 Es - 3 - 73175 - Dwayne Eilers reported the contractor installing the Northeast sewer line on the farm next to his property, has split the railroad ties on his land. Moved by Bowers, seconded by Geiger that the above report, be received, placed on file and referred to the City Engineer. Motion carried. 73176 - Moved by Roehr, seconded by Wilharm that request from Dr. Arnold Del - bridge for permission to construct two 24° commercial curb cuts at 3835 West Ninth Street, as shown on attached plat, and City Engineer's recommendations for approval subject to the provisions of his letter, be received, placed on file, recommendations approved and permission granted in accordance therewith. Motion carried. 73177 - Moved by Wilharm, seconded by Geiger that request from Stephen A. Reg- enold for permission to construct a temporary concrete driveway at 1182 Wisner Drive without regard to sidewalk grade, together with $3.00 for recording waiver, and City Engineer's recommendations for approval subject to the provisions of his letter, be received, placed on file, approved and "Resolution granting permission to Stephen A. Regenold and authorizing construction of a temporary concrete drive- way at 1182 Wisner Drive irrespective of a later official grade", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25472. 73178 - Moved by Wilharm, seconded by Geiger that request from Gladys L. Wal- ker for permission to construct a temporary asphalt driveway at 1205 Dorothy Drive without regard to sidewalk grade together with $3.00 for recording waiver, and City Engineer's recommendations for ap- proval subject to the provisions of his letter, be received, placed on file, approved and "Resolution granting peLmission to Gladys L. Walker and authorizing construction of a temporary asphalt driveway at 1205 Dorothy Drive irrespective of a later official grade", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25473. 73179 - Moved by WilhaLu, seconded by Geiger that request from Donald E. Wend - ling, 1115 Janney Avenue, for permission to construct two 25' com- mercial drives at 1115 Janney Avenue, as shown on attached drawing, and for a waiver of grade on the driveway, 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 E. Wendling, 1115 Janney Avenue, and authorizing construction of two 25' commercial drives at 1115 Janney Avenue irrespective of a later official grade", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25474. 73180 - Mayor Rooff reported the Police Department would hire from the First Certified List and,when that was exhausted, then from the Second. Moved by Getty, seconded by Roehr that the First Certified List and Second Certified List of Waterloo Civil Service Commission certify- ing the following applicants as eligible for appointment to the Water- loo Police Department, be received, placed on file and approved: First Certified List Mark Langenwalter Scott J. Lake George Z. Aboud Ann J. Scobee Richard T. Knief Robert A. Knief Peter J. Garrison Hildebrand VandenAkker Timothy J. Schneider Paul H. Fitzgerald Second Certified List Clifford D. Caughron Isaiah LaBeaux Karlene R. Stevens Timothy M. Brown Sandra K. Hoffa Patricia K. Schilling Russell D. Vance Grace H. McGreevey Wayne R. Rice Jeffrey M. Vane Motion carried. 73181 - Moved by Roehr, seconded by Wilharm that report of Sign & Traffic Department on using bus stop area on Mulberry Street for public park- ing after 6:00 P.M. daily and on Sundays, referred to it under Coun- cil Record #73124 of 10/24/77, be received and placed on file. Mo- tion carried. - 4 - 73182 Moved by Wilharm, seconded by Lichty that City Treasurer's Financial Report for October, 1977, showing Balance on Hand 10/1/77 $14,518,- 093.52, Receipts $3,499,011.68, Disbursements $3,040,618.18, Balance on Hand 10/31/77 $14,976,487.02, be received, placed on file and approved. Motion carried. 73183 - Under Council Action #72968 of 10/3/77 the public hearing on the pro- posal to issue $4,600,000 Revenue Bonds for Allen Memorial Hospital Corporation was adjourned to this date, time and place. Moved by Roehr, seconded by Dowie that this hearing be, and the same is, hereby further adjourned to December 12, 1977 at 7:00 P.M. at the Council Chambers in the City Hall in said City at which time and place this Council will take up and consider a resolution initiating proceedings for the issuance of $4,600,000 Revenue Bonds for Allen Memorial Hospital Corporation, etc. Ayes: Seven. Motion carried. 73184 - Moved by Dowie, seconded by Bowers that Change Order No. U.S. Highway 218 Resurfacing Program, Contract No. 156, al work by Cedar Valley Corporation at an additional cos 33, and City Engineer's recommendation for approval, be placed on file, approved and Mayor and Clerk authorized same. Ayes: Seven. Motion carried. 1 for 1976 for addition - t of $15,364. - received, to execute 73185 - Moved by Roehr, seconded by Lichty that Preliminary Plat of Jane Sec- ond Addition with Deed of Dedication, Report of City Engineer, com- munication from Iowa Natural Resources Council, Agreement from Devel- oper to meet First Floor Elevations, Plan and Program Commission's resolution of approval and their recommendation for Council approval, be received, placed on file and "Resolution approving the Preliminary Plat of Jane Second Addition, Waterloo, Black Hawk County, Iowa", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25475. 73186 Upon discussion, it was determined that the 160° of sewer from center- line of Sonya Street north to southerly line of Hammond Hills Fifth Addition, would not be the responsibility of the developer of Sturdy Addition; determination of responsibility would be made at time of approval of construction plans for Hammond Hills Fifth Addition. The Plan and Program Commission opposed any significant change in the area's topography. Moved by Dowie, seconded by Roehr that Preliminary Plat of Sturdy Addition with Deed of Dedication, Report of City Engineer, Plan and Program Commission's resolution of approval and their recommendation for Council approval, be received, placed on file and "Resolution approving the Preliminary Plat of Sturdy Addition, Waterloo, Black Hawk County, Iowa", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25476. 73187 - Moved by Roehr, seconded by Lichty that Preliminary Plat of Schukei Commercial Park with Deed of Dedication, Report of City Engineer, Plan and Program Coumiission's resolution of approval and their recom- mendation for Council approval, be received, placed on file and "Resolution approving the Preliminary Plat of Schukei Commercial Park, Waterloo, Black Hawk County, Iowa", adopted. Ayes: Seven. Resolu- tion adopted and upon approval by Mayor, assigned No. 25477. 73188 - Moved by Dowie, seconded by Bowers that Preliminary Plat of Plaza Circle with Deed of Dedication, Report of City Engineer, Plan and Program Commission's resolution of approval and their recommendation for Council approval, be received, placed on file and "Resolution approving the Preliminary Plat of Plaza Circle Addition, Waterloo, Black Hawk County, Iowa", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25478. 73189 - Moved by Roehr, seconded by Getty that Final Plat of "Z -W" Addition with Engineer's Certificate of Survey, Deed of Dedication, Contract and Waivers, Report of City Engineer, Plan and Program Commission's resolution of approval and their recommendation for Council approval, be received, placed on file, approved, Mayor and Clerk authorized to execute said Contract, and "Resolution approving the Final Plat of Z -W Addition, Waterloo, Black Hawk County, Iowa", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor. assigned No. 25479. - 5 - 73190 - Moved by Roehr, seconded by Bowers that Final Plat of Falls Avenue Replat of Part of "Westfield" and Vaughan Subdivision with Engineer's Certificate of Survey, Deed of Dedication, Report of City Engineer, Plan and Program Commission's resolution of approval and their recom- mendation for Council approval, be received, placed on file and "Res- olution approving the Final Plat of Falls Avenue Replat of Part of "Westfield" and Vaughan Subdivision, Waterloo, Black Hawk County, Iowa", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25480. 73191 - Moved by Roehr, seconded by Bowers that "Resolution approving the Deed of Dedication of Falls Avenue Replat of Part of "Westfield" and Vaughan Subdivision, and directing and authorizing the execution of same by the Mayor and City Clerk", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25480A. 73192 - Moved by Dowie, seconded by Bowers that Contract and Bond for Con- tract No. 97 in the amount of $59,858.50, be received, placed on file and "Resolution approving Contract and Bond of Hurst Excavating, Inc., Waterloo, Iowa, for Crestview Avenue and Rosehill Terrace Storm Sewer, Contract No. 97", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25481. 73193 - Moved by Bowers, seconded by Roehr that Contract and Bond for Contract No. 190 in the amount of $26,062.00, be received, placed on file and "Resolution approving Contract and Bond of Lehman Trucking and Exca- vating, Waterloo, Iowa, for FY 1978 Sanitary Sewer Program #1, Con- tract No. 190", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25482. 73194 - Moved by Bowers, seconded by Getty that Contract, Bond, Labor and Material Payment Bond and Certificates of Insurance for Contract No. B-38 in the amount of $289,660.00, be received, placed on file and "Resolution approving Contract and Bond of Jens Olesen & Sons Con- struction Co., Waterloo, Iowa, for Addition to the City Hall Annex, Contract No. B-38", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25483. 73195 - Moved by Roehr, seconded by Bowers that "An Ordinance amending Ordin- ance No. 2644, known as the Traffic Ordinance by amending Section 542, One -Way Streets and Alleys; Section 543, Thru Streets; Section 547, Stop at Certain Railroad Crossings; Section 551, Parking Prohibited at All Times on Certain Streets; Section 553, No Parking Here to Cor- ner; Section 555, No Parking Here to Alley; and Section 564, No Park- ing 1:00 P.M. to 4:00 P.M.", be received, placed on file and said Ordinance considered and passed for the first time. Ayes: Seven. Motion carried. 73196 - Moved by Roehr, seconded by Dowie 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. 73197 - Moved by Wilharm, seconded by Bowers that "An Ordinance amending Ordinance No. 2644, known as the Traffic Ordinance by amending Section 542, One -Way Streets and Alleys; Section 543, Thru Streets; Section 547, Stop at Certain Railroad Crossings; Section 551, Parking Pro- hibited at All Times on Certain Streets; Section 553, No Parking Here to Corner; Section 555, No Parking Here to Alley; and Section 564, No Parking 1:00 P.M. to 4:00 P.M.", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2929. 73198 - Moved by Getty, seconded by Dowie that "A resolution transferring from the Federal Revenue Sharing Fund the sum of Two thousand three hundred fifty three dollars ($2,353.00) to the General Fund", be adopted. Ayes: Bowers, Dowie, Geiger, Getty, Lichty, Roehr. Nay: Wilharm. Resolution adopted and upon approval by Mayor, assigned o. 25484. nice Rice questioned the legality of selling the Public Parking Lot SE Corner of E. 5th and Water Streets, stating her concern was that the taxpayers could be sued. City Attorney Smith assured her the conditions of the bond ordinance had been met; and, a lawsuit did not stop the City from proceeding with the sale but merely 73199 - J - 6 73199 - (Continued) asked for a hearing. Mayor Rooff stated the sale was within the boundaries of the ordinance. After further discussion, it was Moved by Wilharm, seconded by Bowers that "Resolution approving the Quit Claim Deed conveying Public Parking Lot on Southeast Corner of intersection of East Fifth Street and Water Street in the City of Waterloo, Black Hawk County, Iowa, unto Verner D. Nelson, an undiv- ided one-fourth interest; and Donna L. Nelson, an undivided one-fourth interest, and Rowland K. Sverdahl, an undivided one-half interest, and authorizing and directing the Clerk to deliver said deed to the Grantee named therein upon receipt of Forty five thousand and no/100 ($45,000.00)", be adopted. Ayes: Bowers, Dowie, Geiger, Getty, Roehr, Wilharm. Nay: Lichty. Resolution adopted and upon approval by Mayor, assigned No. 25470. 73200 - Moved by Bowers, seconded by Roehr that the request of City Engineer for approval of on and off temporary closing for next several months of Idaho Street, Newell Street and Independence Avenue under E.D.A. FY 1978 Paving Program, Contract No. 163, be received, placed on file and approved. Motion carried. 73201 - Moved by Roehr, seconded by Bowers that the request of City Engineer for approval of on and off temporary closing for next several months of Huntington Road under E.D.A. Huntington Road Paving Program, Con- tract No. 164, be received, placed on file and approved. Motion carried. 73202 - Moved by Getty, seconded by Bowers that the following requests for permission to attend functions, with expenses allowed not to exceed the amounts shown, be received, placed on file, and approved: Mayor and Building Official to State Required Energy Code Workshop, Ames, Iowa, November 10, 1977, $100.00; Building Inspector to State Required Workshop, Ames, Iowa, November 10 thru 12, 1977, $207.00; Fire Chief to Iowa Fire Chiefs Annual Conference, Dubuque, Iowa, November 11 and 12, 1977, $50.00 + use of City car; Zoning Administrator to Eastern Iowa Planning and Zoning Officials Quarterly Meeting, Iowa City, November 9, 1977, $30.00. Ayes: Seven. Motion carried. 73203 - Moved by Geiger, seconded by Getty that following applications for Beer Permits and Beer and Liquor Licenses, be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer Class C Allen Barg dba Al's Food Mart, 2210 Lafayette Street Beer Liquor Class A The Supervisors Club, Inc., Class C Hathton, Inc. dba Embassy Lounge Charcoal Inn, Inc. dba Charcoal Gleason -Dutton Investments, Inc. 301 West 4th Street Sunday Sales Beer - Class C Allen Barg dba Als Food Mart, 22 Beer Liquor - Class C Charcoal Inn, Inc. dba Charcoal Gleason -Dutton Investments, Inc. 301 West 4th Street 3265 DeWitt Road Motion carried. November 7, 1977 , 225 East Fifth Street Inn, 360 East Ridgeway Avenue dba Golden Dolphin Lounge, 10 Lafayette Street Inn, 360 East Ridgeway Avenue dba Golden Dolphin Lounge, - 7 - 73204 - Moved by Geiger, seconded by Lichty that following application for taxicab driver'spermit, be received, placed on file and approved: John Wagner, 130 Graceline Boulevard. Motion carried. 73205 - Moved by Bowers, seconded by Dowie that the following applications for Theatre Licenses be received, placed on file and granted: Regency Investments Ltd. dba Waterloo Theatre, 508 Sycamore Street; Cinema Entertainment Corp. dba Crossroads I & II Theatre, 2450 Crossroads Boulevard. Motion carried. 73206 - Moved by Geiger, seconded by Lichty that the application for 1977- 1978 Scavenger License to expire 5/1/78 from Robert E. Hicks dba Bob's Sewer Service, 601 Locust Street, LaPorte City, Iowa, be re- ceived, placed on file and granted. Motion carried. 73207 - Moved by Getty, seconded by Geiger that the application of Mildred Campbell, 415 Greenbrier Road, for a Massage Technician Permit, be received, placed on file and granted subject to the requirements of ordinance governing same. Motion carried. 73208 - Moved by Geiger, seconded by Bowers that report of City Attorney and list of bonds filed with Clerk through 11/7/77, be received, placed on file and report and bonds approved. Motion carried, 73209 - Moved by Geiger, seconded by Bowers that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk November 7, 1977