HomeMy WebLinkAbout11/24/1975.*_N
November 24, 1975
The Council of City of Waterloo, Iowa, met in Regular Session in Council Cham-
bers in City Hall at 7:00 P.M. on November 24, 1975. Mayor Rooff in the Chair.
On roll call, Present: Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Ab-
sent: Berdell. Invocation by Councilman Getty.
69064 - Moved by Getty, seconded by Roehr that the Agenda, as amended, for the
Regular Session of November 24, 1975 at 7:00 P.M., be accepted and ap-
proved. Motion carried.
69065 - Moved by Geiger, seconded by Getty that the Minutes of the Regular Ses-
sion held November 17, 1975 at 7:00 P.M., be approved. Motion carried.
69066 - In reply to Dave Mitchell's inquiry as to progress on the demolition of
the buildings at 325 Courtland Street, Mayor Rooff stated the use of
community betterment funds was being looked into.
69067 - Councilman Keller stated the letting of a contract for the Fourth
Street Bridge Walkway Canopy should be considered at this time as it
was part of the total downtown plan, and, if necessary, changes should
be made in the project to keep within the estimated cost.
Moved by Keller, seconded by Wilharm that "Resolution accepting the
bid of John G. Miller Construction Co. of Waterloo, Iowa, in the amount
of $499,250.00 for Fourth Street Bridge Walkway Canopy, Minor Contract
No. 91", be adopted. Ayes: Six. Absent: Berdell. Resolution adopt-
ed and upon approval by Mayor, assigned No. 24325 in official resolu-
tion book.
69068 - Councilman Roehr recommended the contract be let for the Engine Gene-
rator Room for Emergency Operating Center, Citv Hall.
Moved by Roehr, seconded by Wilharm that "Resolution accepting the bid
of John G. Miller Construction Co., Waterloo, Iowa, for the Engine
Generator Room for Emergency Operating Center", be adopted. Ayes: Six.
Absent: Berdell. Resolution adopted and upon approval by Favor,
assigned No. 24326 in the official resolution book.
69069 - Moved by Roehr, seconded by Lichty that request of Schenk Engineering
Company for Charles W. Granger for vacation of a portion of a certain
easement, being N 118' of S 126' of W 2' of easement lying along F
line of Lot 18, Oaf: Park Second Addition, and Plan and Program C'om-
mission's recommendation for approval subject to report of City En-
gineer on exact location of sewer, be received, placed on file and
"Resolution fixing the time and place of hearing on the proposal to
vacate portion of easement and instructing the Clerk to publish notice"
adopted, and date of hearing set as December 8, 1975. Ayes: Six.
Absent: Berdell. Resolution adopted and upon approval by Yayor,
assigned No. 24327 in official resolution book.
69070 - Councilman Keller inquired about previous plans for a backage road,
was told the only plans show frontage road and the State Highway Com-
mission was asking if the City wanted to retain some of this property.
Moved by Roehr, seconded by Wilharm that request from Donna A. Thran .for
release of property planned for a frontage road, as shown on attached
plat and described as W 116' except N 100' of Lot 7, Centennial Second
Addition, University Avenue area, and Plan and Program Commission's
recommendation for approval with City retention of S 75' of parcel for
frontage road purposes, be received, placed on file, recommendations
approved and said property released with City retention of the S 75'
of parcel for frontage road purposes. Motion carried.
69071 - Moved by Keller, seconded by Lichty that communication from City Fn-
gineer, transmitting request from Schenk Engineering Company for per-
mission to use explosives for the removal of rock in the construction
of sanitary sewer extension to Cedar Knolls Mobile Home Park, and
recommending approval subject to the provisions of his letter, be re-
ceived, placed on file, recommendations approved and permission granted
in accordance therewith and subject to the provisions of Citv Blasting
Ordinance Section 13-21, and to the City receiving Certificate of
Insurance and fee prior to blasting. Motion carried.
69072 - Moved by Roehr, seconded by Wilharm that request from Roger C. Neebel
Const. Inc. for permission to construct two 22' commercial curb cuts,
one each at 1153 Langley Road and 1211 Langley Road, as shown on at-
tached plat, and City Engineer's recommendation for approval subject to
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69072 - (Continued)
the provisions of his letter, be received, placed on file, recommenda-
tions approved and permission granted in accordance therewith. motion
carried.
69073 - Moved by Getty, seconded by Roehr that communication from City Engineer,
advising improvements required as condition precedent to final approval
of plat of subdivision to be known as SOUTHRIDGE FOURTH ADDITION, have
been completed, approved by his office, four-year maintenance bond for
street improvements and two-year maintenance bond for sewers are on
file, and recommending acceptance, be received, placed on file, re-
commendations approved and improvements accepted accordingly. Motion
carried.
69074 - Moved by Wilharm, seconded by Roehr that communication from City En-
gineer, advising improvements required as condition precedent to final
approval of plat of subdivision to be known as RIDPEVIEW ADDITION PLAT,
have been completed, approved by his office, four-year maintenance
bond for street improvements and two-year maintenance bond for sewers
are on file, and recommending acceptance, be received, placed on file,
recommendations approved and improvements accepted accordingly. Motion
carried.
69075 - In a discussion, it was pointed out if the City wanted a frontage road,
plans must be prepared and land purchased.
Moved by Roehr, seconded by Wilharm that report of Plan and Program
Commission with attached plat on City Engineer's request for establish-
ment of the requirement and location of a frontage.road between
Penney's Drive and Sears Drive north of Iowa Highway #412, referred
to it under C.R.#68958 of 11/3/75, with recommendation for approval,
be received, placed on file, and action tabled for further study.
Ayes: Geiger, Lichty, Roehr and Wilharm. Nays: Getty and Keller.
Absent: Berdell. Motion carried.
69076 - Under Council Action #68959 of 11/3/75 action was deferred on the re-
quest from George Lindeman, Atty. for Dale Murphy and Paul Kurtz for
permission to construct a 35' commercial curb cut to serve land NE
of Penney's Drive and Iowa Highway #412, and was now presented for
consideration.
Moved by Roehr, seconded by Wilharm that action be tabled for further
study. Motion carried.
69077 - Moved by Getty, seconded by Lichty that revised site development plan
for Lot 53, Southgate Third Addition, in an "S-1" district West of.
Brockway Road, as requested by Rick Young, and Plan and Program Com-
mission's recommendation for approval, be received, placed on file and
approved. Motion carried.
69078 - Moved by Wilharm, seconded by Roehr that Abstract of Election Report
of Official Count by Black Hawk County Board of Supervisors as Board
of Canvassers of ballots cast at Regular Municipal Election held on
November 4, 1975, and declaration of who canvassers determine to be
elected (50.24), as submitted by Black Hawk County Commissioner of
Elections, be received and placed on file. Motion carried.
69079 - Moved by Wilharm, seconded by Lichty that Change Order No. 3 for West-
field Avenue Area Paving, Sewers and Incidentals, Contract No. 143,
adjusting final quantities used by M. F. Goerdt Construction Company,
Contractors, at a decrease in cost of $6,233.91, and Community Develop-
ment Board's recommendation for approval, be received, placed on file,
approved and Mayor and City Clerk authorized to sign same. Ayes: Six.
Absent: Berdell. Motion carried.
69080 - Moved by Keller, seconded by Wilharm that communication from Plan and
Program Commission, transmitting Preliminary Plat of a R.eplat of Part
1 of Kimball Heights Addition, City Engineer's Report, Deed of Dedi-
cation, and said Commission's resolution of approval, and recommending
approval of plat and consideration be given to waiver of requirement
that allows only duplexes in an "R-2" zone, be received, placed on
file, and "Resolution approving the Preliminary Plat of a Replat of a
Part of Lot 1 of Kimball Heights Addition to the City of Waterloo,
Black Hawk County, Iowa", adopted. Ayes: Geiger, Getty, Keller,
November 24, 1975
A1*N - 3 - -IN
69080 - (Continued)
Roehr and Wilharm. Nay: Lichty. Absent: Berdell. Resolution
adopted and upon approval by Mayor, assigned No. 24328 in official
resolution book.
69081 - Moved by Getty, seconded by Keller that communication from Plan and
Program Commission, transmitting Final Plat of a Replat of Part of
Lot 1 of Kimball Heights Addition, said Commission's Resolution of
Approval, Engineer's Certificate of Survey, Deed of Dedication, City
Engineer's Report, and recommending approval, be received, placed on
file and "Resolution approving the Final Plat of a Replat of a Part
of Lot 1 of Kimball Heights Addition to the City of Waterloo, Black
Hawk County, Iowa", adopted. Ayes: Geiger, Getty, Keller, Roehr
and Wilharm. Nay: Lichty. Absent: Berdell. Resolution adopted
and upon approval by Mayor, assigned No. 24329 in the official reso-
lution book.
69082 - Harold Michaels reported the Preliminary Plat was approved a year ago;
construction plans were approved; sewers, streets, etc. were completed
and there was no reason for holding up Final Plat. The problem of
water drainage into Delane Street was discussed and Mayor Rooff_ stated
there were two questions, (1) Would this contribute"waiter and how much,
(2) What needed to be done on Delane Street. Rick `"bung reported a
pipe had been installed which moved the water to the geek faster.
Moved by Getty, seconded by Keller that communication from Plan and
Program Commission, transmitting Preliminary Plat of Ridgeview Ad-
dition, City Engineer's Report, Deed of Dedication, and recommending
denial and that an analysis and recommendations for improvement of the
drainage district be authorized, be received, placed on file and
"Resolution approving the Preliminary Plat of Ridgeview Addition,
Waterloo, Iowa", adopted. Ayes: Geiger, Getty and Keller. Nays:
Roehr and Wilharm. Abstained: Lichty. Absent: Berdell. Resolution
not adopted.
69083 - Mayor Rooff recommended this Preliminary Plat be approved and it was
pointed out the Plan and Program Commission recommended denial.
Moved by Wilharm, seconded by Getty that the above action be recon-
sidered. Ayes: Geiger, Getty, Keller and Wilharm. Nays: Lichty and
Roehr. Absent: Berdell. Motion carried.
69084 - The roll was called and vote was as follows: Ayes: Geiger, (-etty,
Keller and Wilharm. Nays: Lichty and Roehr. Absent: Berdell.
Resolution adopted and upon approval by Mayor, assigned No. 24330 in
official resolution book.
69085 - Moved by Getty, seconded by Keller that communication from Plan and
Program Commission, transmitting Final Plat of Ridgeview Addition,
Engineer's Certificate of Survey, Deed of Dedication, Report of City
Engineer, four-year maintenance bond for street improvements and two-
year maintenance bond for sewers, be received, placed on file and
"Resolution approving the Final Plat of Ridgeview Addition, Waterloo,
Iowa", adopted. Ayes: Geiger, Getty, Keller and Wilharm. Nays:
Lichty and Roehr. Absent: Berdell. Resolution adopted and upon ap-
proval by Mayor, assigned No. 24331 in official resolution book.
69086 - Moved by Keller, seconded by Lichty that communication from Plan and
Program Commission, transmitting Final Plat of the Fourth Addition to
Southridge, Engineer's Certificate of Survey, Deed of Dedication, Pe -
port of City Engineer, said Commission's resolution of approval, and
four-year maintenance bond for street improvements and two-year main-
tenance bond for sewers, be received, placed on file and "Resolution
approving the Final Plat of Fourth Addition to Southridge, Waterloo,
Black Hawk County, Iowa", adopted. Ayes: Six. Absent: Berdell.
Resolution adopted and upon approval by Mayor, assigned No. 24332 in
official resolution book.
69087 - Moved by Roehr, seconded by Wilharm that communication from Plan and
Program Commission, transmitting Final Plat of Southgate Sixth Addition,
Engineer's Certificate of Survey, Deed of Dedication, Report of City
Engineer, said Commission's resolution of approval, be received, placed
on file and "Resolution approving the Final Plat of Southgate Sixth
Addition, in the City of Waterloo, Black Hawk County, Iowa", adopted.
Ayes: Six. Absent: Berdell. Resolution adopted and upon approval
by Mayor, assigned No. 24333 in official resolution book.
November 24, 1975
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69088 - Moved by Roehr, seconded by Lichty that communication from City En-
gineer, transmitting "Application for Sanitary Sewer and Waiver of All'
Legal Proceedings Relative Thereto" for 2450 Maynard Avenue from
Richard P. Miller and Constance Jane Miller, and recommending accept-
ance, be received, placed on file, recommendations approved and said
Application acceptance in accordance therewith. Motion carried.
69089 - Moved by Wilharm, seconded by Lichty that "An Ordinance amending
Ordinance No. 2479, as amended, by adding Sub -Section No. 82 to Section
2A-5, rezoning certain property", be considered and passed for the
third time (the first having passed under C.R.#68994 of 11/10/75, the
second under C.R.#69050 of 11/17/75), and now placed on its final
adoption. Ayes: Six. Absent: Berdell. Motion carried.
69090 - Moved by Getty, seconded by Wilharm that "An Ordinance amending
Ordinance No. 2479, as amended, by adding Sub -Section No. 82 to Sec-
tion 2A-5, rezoning certain property", be adopted. Ayes: Six. Absent:
Berdell. Ordinance adopted and upon approval by Mayor, assigned No.
2777 in official ordinance book.
69091 - Mr. Anderson presented an information sheet on the concerns of the
residents of the area located on North side of West Sh.aulis Road be-
tween Highway #63 and West Fourth Street and reviewed the eight items
listed, which included proper outlet at Highway #63, channeling of
water back to Prescott Creek or Black Hawk, Prescott Creek watershed
drainage of 7,680 acres, flood frequency, City to stand cost of clean
up, agricultural land in full production affected, developers legal
obligation, and if final approval has been given by Iowa Natural Re-
sources Council.
Moved by Roehr, seconded by Lichty that the above report be received
and placed on file. Motion carried.
69092 - A discussion followed on 100 year flood flow and plain, moving of dirt
by developer, damage of crops under water. Councilperson Lichty sug-
gested action be deferred until a meeting was held with the Iowa
Natural Resources Council representative next week.
Moved by Keller, seconded by Roehr that "An Ordinance amending Ordin-
ance No. 2479, as amended, by adding Sub -Section No. 81 to Section
2A-5, rezoning certain property", be considered and passed for the
third time (the first having passed under C.R.#68991 of 11/10/75, the
second under C.R.#69051 of 11/17/75), and now placed on its final
adoption. Ayes: Getty, Keller, Roehr and Wilharm. Nays: Geiger
and Lichty. Absent: Berdell. Motion carried.
69093 - Moved by Getty, seconded by Keller that "An Ordinance amending Ordin-
ance No. 2479, as amended, by adding Sub -Section No. 81 to Section
2A-5, rezoning certain property", be adopted. Ayes: Getty, Keller,
Roehr and Wilharm. Nays: Geiger and Lichty. Absent: Berdell.
Ordinance adopted and upon approval by Mayor, assigned No. 2778 in of-
ficial ordinance book.
69094 - An access over the dike for Hyperion Drive was discussed; it was re-
ported the Corps of Engineers would lower the dike at this point only,
which would lower cost of access to $45,000. Joyce Henry, Marlene
Kruger, Ken Carson spoke in opposition. Councilman Getty stated the
residents were concerned as to traffic filtering down Oakwood Road
instead of going out on Hyperion Drive and if there was going to be a
way over the dike on Hyperion Drive.
Moved by Getty, seconded by Wilharm that "An Ordinance vacating a
section of Wagner Road beginning at intersection of West Donald Street
and Wagner Road and proceeding north 2,000 lineal feet for flood con-
trol purposes", be considered and passed for the third time (the first
having passed under C.R.#68985 of 11/10/75 and the second under
C.R.#69053 of 11/17/75),and now pl.acedon its final adoption. Ayes: Six.
Absent: Berdell. Motion carried.
69095 - Moved by Roehr, seconded by Getty that "Ordinance vacating a section
of Wagner Road beginning at intersection of West Donald Street and
Wagner Road and proceeding north 2,000 lineal feet for flood control
purposes", be adopted. Ayes: Six. Absent: Berdell. Ordinance
adopted and upon approval by Mayor, assigned No. 2779 in the official
ordinance book.
November 24, 1975
5 -
69096 - Moved by Getty, seconded by Lichty that an access from Hyperion Drive
over the levee to a rerouted Wagner Road, down to existing Wagner Road
be provided and funds allocated for performance of said improvement.
Ayes: Getty and Lichty. Nays: Geiger, Keller, Roehr and Wilharm.
Absent: Berdell. Motion not carried.
69097 - Mayor Rooff stated the Safety Committee would check for traffic hazard
at Oakwood and Greenbrier; also, that figures would be brought back to
the Council as to cost of building Hyperion Road access over the dike.
TEN MINUTE RECESS - 10:00 P.M. TO 10:10 P.M.
69098 - Moved by Getty, seconded by Wilharm that "An Ordinance amending Sec-
tion 550, Taxicab Zones, of Ordinance No. 2644, as amended, known as
the Traffic Ordinance, by adding Section 550A", be considered and de-
nied. Ayes: Six. Absent: Berdell. Motion carried.
69099 - Moved by Getty, seconded by Roehr that communication from Asst. City
Attorney, transmitting two ordinances revising present indecent ex-
posure ordinance and prohibiting certain acts by a liquor licensee
or beer permittee, be received and placed on file. Motion carried.
69100 - There was a discussion on indecent exposure ordinance being tested
by the Iowa Supreme Court; ordinance upheld in the Polk County Dis-
trict Court; necessity of exclusion of theaters and live stage shows
to maintain constitutionality. Tavern owners Patricia Schwindlein,
William Day and Ronald'Schake opposed adoption. Assistant City Attorney
Randall reported complaints had been received and the ordinances were
being revised to make them enforceable.
Moved by Roehr, seconded by Wilharm that "An Ordinance to amend the
Code of Ordinances of the City of Waterloo, Iowa, adopted by Revised
Ordinance No. 1153, Section 1, adopted July 31, 1924, by repealing
said Ordinance which is codified in the Code of Ordinances as Section
27-15 "Indecent Exposure; Obscenity" and enacting A new Section 27-15
relating to the regulation of public exposure", be considered and
tabled until December 8,1975, for clarification. Ayes: Geiger, Keller,
Lichty, Roehr and Wilharm. Nay: Getty. Absent: Berdell. Motion
carried.
69101 - Moved by Roehr, seconded by Getty that "An Ordinance to amend the
Code of Ordinances of the City of Waterloo, Iowa, adopted by Ordinance
No. 2584, Section 19, passed December 27, 1971, and as amended by
Ordinance No. 2699, Subsections 2-4, passed September 3, 1974, by
repealing Section 4-29 as amended, entitled "Prohibited Sales and Acts",
of Chapter 4, Article II, entitled "Sale and Consumption of Beer and
Liquor", as amended, and enacting in lieu thereof, an Ordinance re-
lating to the regulation of Beer and Liquor", be considered and tabled
until December 8, 1975. Ayes: Six. Absent: Berdell. Motion carried.
69102 - Moved by Roehr, seconded by Wilharm that "Resolution authorizing the
sale and conveyance of All the Alley located between the East line of
Oregon Street and West line of Minnesota Street, between Locke Avenue
and Howard Avenue, Pleasant View Addition, to Tom Shirk et al for 5G
a square foot plus costs, and directing and authorizing the Mayor and
City Clerk to execute and deliver a deed for said property", be adopted.
Ayes: Six. Absent:. Berdell. Resolution adopted and upon approval
by Mayor, assigned No. 24334 in official resolution book.
69103 - Moved by Keller, seconded by Geiger that "A resolution authorizing the
condemnation of a certain parcel of real property in the Flood Control
Project", be adopted. Ayes: Six. Absent: Berdell. Resolution
adopted and upon approval by Mayor, assigned No. 24335 in official
resolution book.
69104 - Moved by Getty, seconded by Wilharm that "A resolution authorizing
emergency clearing of fire damaged building to clear railroad tracks",
be adopted. Ayes: Six. Absent: Berdell. Resolution adopted and
upon approval by Mayor, assigned No. 24336 in official resolution
book.
69105 - Moved by Roehr, seconded by Geiger that Completion Report as to work
and materials furnished by Giese Construction Company for Contract
No. 12, and City Engineer's recommendation for approval, be received,
November 24, 1975
6 -
69105 - (Continued)
placed on file and "Resolution approving the Completion Report of the
City Engineer as to work performed and materials furnished by Giese
Construction Company, Eagle Grove, Iowa, for 1972 Grading Program I,
Contract No. 12, accepting the work and authorizing payment in full
accordingly", adopted. Ayes: Six. Absent: Berdell. Resolution
adopted and upon approval by Mayor, assigned No. 24337 in official
resolution book.
69106 - Moved by Getty, seconded by Roehr that statement from Brice, Petrides
& Associates, Inc. for Contract No. 148, and City Engineer's recom-
mendation for approval, be received, placed on file and "Resolution
accepting the statement dated 11/18/75 from Brice, Petrides & Associ-
ates, Inc., Engineers, for construction staking, resident inspection
and testing for Fourth Street Approaches, Paving, Sewers & Incidentals,
Contract No. 148, and authorizing payment accordingly", adopted. Ayes:
Six. Absent: Berdell. Resolution adopted and upon approval by Mayor,
assigned No. 24338 in official resolution book.
69107 - Moved by Wilharm, seconded by Geiger that statement from Brice, Petrides
& Associates, Inc. for Contract No. 94, and Community Development
Board's recommendation for approval, be received, placed on file and
"Resolution accepting the statement dated 11/19/75 from Brice, Petrides
& Associates, Inc., Engineers, for engineering services for Construction
of Dry Run Creek Retaining Wall and Dike Modifications in Liberty Park,
Contract No. 94, and certifying payment accordingly", adopted. Ayes:
Six. Absent: Berdell. Resolution adopted and upon approval by Mayor,
assigned No. 24339 in official resolution book.
69108 - Moved by Keller, seconded by Roehr that "Resolution, BILLS", be adopted.
Ayes: Six. Absent: Berdell. Resolution adopted an& upon approval
by Mayor, assigned No. 24340 in official resolution book.
69109 - Moved by Roehr, seconded by Getty that communication from the City
Engineer, submitting Final Plats and Schedule of Assessments, together
with breakdown of project costs, etc. for the Sidewalk Repair Program
approved on 9/22/75 (C.R.#68733), be received and placed on file.
Motion carried.
69110 - Moved by Wilharm, seconded by Getty that "Resolution directing certi-
fied mailing of Notice of Filing of the Special Assessments to concern-
ed property owners", be adopted. Ayes: Six. Absent: Berdell.
Resolution adopted and upon approval by Mayor, assigned No. 24341 in
official resolution book.
69111 - Moved by Roehr, seconded by Lichty that "Resolution making assessments
for the Sidewalk Repair Program approved on 9/22/75 (C.R.#68733)", be
adopted. Ayes: Six. Absent: Berdell. Resolution adopted and upon
approval by the Mayor, assigned No. 24342 in the official resolution
book.
69112 - Moved by Getty, seconded by Geiger that the following reQuest to at-
tend functions with expenses not to exceed amount as shown, be received,
placed on file and approved: Mayor and four Councilmen to National
League of Cities, 1975 Conress of Cities, Miami, Florida, November
29 thru December 5, 1975, 500.00 plus registration and incidentals
such as taxicab fares, parking lot fees, etc. each. Ayes: Six.
Absent: Berdell. Motion carried.
69113 - Moved by Roehr, seconded by Wilharm that following applications for
Beer and Liquor Licenses, be received, placed on file, approved, the
approval endorsed on applications and same forwarded to the Iowa Beer
and Liquor Control Department:
Beer and Liquor - Class "C"
R D & J Inc. dba R D & J Tap, 712 Jefferson Street
TOL, Inc. dba Time Out Lounge, 1918 Commercial Street
Motion carried.
November 24, 1975
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69114 - Moved by Geiger, seconded by Lichty that the application of Tony
Tomlyanovich dba Tony's LaPizzeria for permission to sell cigarettes
at 615 Commercial Street, be received, placed on file and granted.
Motion carried.
69115 - Moved by Geiger, seconded by Roehr that report of City Attorney and
list of bonds filed with Clerk through 11/24/75, be received, placed
on file and report and bonds approved. Motion carried.
69116 - Moved by Geiger, seconded by Getty that the Council adjourn.
Katherine Gibbs,
City Clerk
November 24, 1975