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HomeMy WebLinkAbout09/15/1975September 15, 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 September 15, 1975. Mayor Rooff in the Chair. On roll call, Present: Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Absent: None. Invocation offered by Councilman Roehr. 68655 - Moved by Roehr, seconded by Wilharm that the Agenda, as amended, for the Regular Session of September 15, 1975 at 7:00 P.M., be accepted and approved. Motion carried. 68656 - Moved by Wilharm, seconded by Lichty that the Minutes of the Regular Session held September 8, 1975 at 7:00 P.M., be approved. Motion carried. 68657 Moved by Wilharm, seconded by Getty that the proof of publication of Notice of Public Hearing on Plans, specifications for the construc- tion of Dry Run Creek Retaining Wall and Dike Modifications in Lib- erty Park, in the City of Waterloo, Iowa, and the Taking of Bids for the improvement, Contract No. 94, be received and placed on file. Motion carried. 68658 - The Mayor announced the time had arrived to hear objections, and called for oral and written objections. No objections were made or filed. Moved by Roehr, seconded by Lichty that "Resolution approving the plans and specifications, form of contract, etc. for the construction of Dry Run Creek Retaining Wall and Dike Modifications in Liberty Park, Contract No. 94", be adopted. Ayes: Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Nays: None. Resolution adopted and upon approval by the Mayor, it was assigned a number and appears as Resolution 24191 in the official resolution book. 68659 Moved by Getty, seconded by Wilharm that "Resolution ordering the construction of Dry Run Creek Retaining Wall and Dike Modifications in Liberty Park, Contract No. 94", be adopted. Ayes: Berdell, Gei- ger, Getty, Keller, Lichty, Roehr and Wilharm. Nays: None. Reso- lution adopted and upon approval by the Mayor, it was assigned a number and appears as Resolution 24192 in the official resolution book. 68660 Moved by Wilharm, seconded by Roehr that proof of publication of No- tice to Contractors or Invitation for Bids for the construction of Dry Run Creek Retaining Wall and Dike Modifications in Liberty Park, Contract No. 94, be received and placed on file. Motion carried. 68661 - Moved by Geiger, seconded by Lichty that following bids be received, placed on file, Clerk instructed to open same and referred to Engi- neers for checking and report back: Bidder Amount of Bid Cramer Bros. Construction Co., Des Moines, Ia. $295,741.45 M. F. Goerdt Const. Co., Dubuque, Ia. $278,368.40 F. A. Moser & Associates, Inc., Waterloo, Ia. $257,923.60 Service Construction Co., Waterloo, Iowa $242,789.60 Motion carried. 68662 - Moved by Roehr, seconded by Wilharm that the communication from the Waterloo Community Playhouse listing the rental schedule for the lease of Hope Martin Theater and adjoining facilities, be received and placed on file. Motion carried. 68663 - Moved by Roehr, seconded by Wilharm that proof of publication of No- tice of Proposal of City of Waterloo and Waterloo Recreation Commis- sion to lease the Hope Martin Theater and adjoining facilities to Waterloo Community Playhouse for a period of August 15, 1975 to Au- gust 15, 1985, as published in the Waterloo Daily Courier on Septem- ber 4, 1975, be received and placed on file. Motion carried. 68664 - The Mayor announced the time had arrived to hear objections, and called for oral and written objections. No objections were made or filed. Moved by Wilharm, seconded by Roehr that "Resolution approving and authorizing the Waterloo Recreation Commission to enter into an agreement to lease to the Waterloo Community Playhouse for a ten year period of August 15, 1975 to August 15, 1985, the Hope Martin Theater and adjoining facilities, as published in the Waterloo Daily Courier on September 4, 1975, and directing and authorizing Mayor and City Clerk to execute and deliver a lease accordingly", adopted. Ayes: -2- 68664 - Continued Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Nays: None. Resolution adopted and upon approval by the Mayor, it was as- signed a number and appears as Resolution 24193 in the official res- olution book. 68665 Moved by Keller, seconded by Lichty that proof of publication of No- tice of public Hearing on Re -Zoning, upon the request of Hugh Field, Atty. for Creataform, Ltd., upon recommendation of Zoning Commission and Council's own motion, to rezone from "C-2" Commercial District to "M-1" Light Industrial District, real property located on south side of Esther Street between Logan Avenue and Sherman Avenue in Section 13 -89N -13W, as published in the Waterloo Daily Courier on September 9, 1975, be received and placed on file. Motion carried. 68666 - The Mayor announced the time had arrived to hear objections, and called for oral and written objections. No objections were made or filed. A question was raised on restriction of a zone classification and City Attorney Smith reported no restrictions could be made. Moved by Get- ty, seconded by Lichty that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 76 to Section 2A-5, rezoning certain property", be considered and the rules requiring ordinances to be considered and voted on at two prior meetings, suspended, said Or- dinance recorded as having been considered and passed for the first, second and third times, and now placed on its final adoption. Ayes: Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Nays: Berdell. Motion carried. 68667 - Moved by Wilharm, seconded by Roehr that "An Ordinance amending Or- dinance No. 2479, as amended, by adding Sub -Section No. 76 to Section 2A-5, rezoning certain property", be adopted. Ayes: Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Nays: Berdell. Ordinance adopted and upon approval by the Mayor, it was assigned a number and appears as Ordinance 2767 in the official ordinance book. 68668 - Moved by Roehr, seconded by Lichty that proof of publication of No- tice of Public Hearing on Re -zoning, upon the request of Tri "M" Mobile Home Sales, upon recommendation of Zoning Commission and Coun- cil's own motion, to rezone from "R-2" One and Two Family Residence District to "C-1" Commercial District, a part of Block 3, in Shuler's Subdivision of Block 21, Linden Place (west side of Idaho Street be- tween Butler Avenue and U.S. Hwy. 20) with restriction to be placed in the deed that no building be placed on this land, as published in the Waterloo Daily Courier on August 28, 1975, be received and placed on file. Motion carried. 68669 - The Mayor announced the time had arrived to hear objections, and called for oral and written objections. Hugh Michels, 806 Adrian Street, objected to the proposed rezoning due to traffic hazard and danger to children crossing highway and railroad tracks, and presented a petition of objections with 29 signatures. Moved by Roehr, seconded by Lichty that the above petition of objections be received and placed on file. Motion carried. 68670 - Kjas Long, Atty. for Tri "M" Mobile Home Sales, spoke in support of the rezoning and presented a consent petition with five signatures. Moved by Wilharm, seconded by Lichty that the above consent petition be received and placed on file. Motion carried. 68671 - Oral objections were made by Roger Schuler, Howard Miller, Mrs. James Parker, and Mrs. Dale Clark. A discussion followed on visibility, grade, safety factor, railroad right of way of 50' from center of track to property line, and trailers set back 25' from Idaho Street, from back of curb to back of trailer 35°. Councilman Getty suggested the Council Members look at this parcel of land before the next meet- ing. Moved by Getty, seconded by Wilharm that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 75 to Sec- tion 2A-5, rezoning certain property", be considered and passed for the first time, with a restriction to be placed in the deed that no building be placed on this land. Ayes: Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Nays: None. Abstained: Berdell. Motion carried. September 15, 1975 -3- 68672 Moved by Roehr, seconded by Lichty that proof of publication of No- tice of Public Hearing on Re -zoning, upon the request of Ralph Grady, upon recommendation of Zoning Commission and Council's own motion, to rezone from "R-2" One and Two Family Residence District to "C-2" Commercial District, Lots 72, 73 and 74, Kenwood Park (south side of Williston Avenue between Washington Street and Minnesota Street), as published in the Courier on August 28, 1975, be received and placed on file. Motion carried. 68673 - The Mayor announced the time had arrived to hear objections, and called for oral and written objections. No objections were made or filed. Moved by Keller, seconded by Lichty that "An Ordinance amend- ing Ordinance No. 2479, as amended, by adding Sub -Section No. 74 to Section 2A-5, rezoning certain property", be considered and passed for the first time. Ayes: Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Nays: None. Motion carried. 68674 - Councilman Keller presented a Transit Development Program study, in- cluding Waterloo, Cedar Falls, Elk Run Heights and Evansdale, made by INRCOG, and stressed the need to apply for federal funds to expand the program on a five year plan with the government to pay 50% of actual operating expenses and 80-20 of capital improvements. He sta- ted, without this funding the City would be subsidizing $200,000 in the 4th and 5th years. Mayor Rooff said the City of Waterloo could not support the Metropolitan Transit System any longer without federal funds as it was now operating at an over $40,000 deficit. Moved by Keller, seconded by Getty that the above study be received, placed on file and approved, and the Mayor directed and authorized to meet with other Mayors in the area to make application for an UMTA grant. Ayes: Berdell, Geiger, Getty, Keller, Roehr and Wilharm. Nays: None. Abstained: Lichty. Motion carried. 68675 - Moved by Roehr, seconded by Geiger that communication from Black Hawk County Auditor advising offers have been made for the following prop- erties in the amounts shown on which Black Hawk County holds title, and requesting Council approval to accept these offers subject to the City of Waterloo waiving all special assessments and the City to receive all proceeds from the sale of these properties, together with reports of Building Official and Property Administrator, be received, placed on file, and sale of said properties approved subject to the above provisions: Purdy's Subdiv. Lot 26, Hardy & Virdens Plat Lot 1 Purdy's Subdiv. Lot 26, Hardy & Virdens Plat Lot 2 Purdy's Subdiv. Lot 26, Hardy & Virdens Plat Lot 3 Purdy's Subdiv. Lot 26, Hardy & Virdens Plat Lot 4 Purdy's Subdiv. Lot 26, Hardy & Virdens Plat Lot 5 Purdy's Subdiv. Lot 26, Hardy & Virdens Plat Lot 12 Purdy's Subdiv. Lot 26, Hardy & Virdens Plat Lot 13 Purdy's Subdiv. Lot 26, Hardy & Virdens Plat Lot 14 Purdy's Subdiv. Lot 26, Hardy & Virdens Plat Lot 15 Purdy's Subdiv. Lot 26, Hardy & Virdens Plat Lot 16 City View Heights E 150° Block 28 Auditor Barnes Plat of Maywood W 40' Lot 4 Special Amount to Bids Assessments be waived $ 75.00 $ 149.79 $ 74.79 75.00 102.24 27.24 75.00 102.24 27.24 75.00 102.24 27.24 75.00 102.24 27.24 150.00 420.62 270.62 150.00 421.55 271.55 150.00 421.Di 271.55 150.00 421.55 271.55 150.00 421.55 271.55 700.00 1,263.17 563.17 100.00 152.89 52.89 Ayes: Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm, Nays: None. Motion carried. September 15, 1975 -4- 68676 - Moved by Getty, seconded by Roehr that request of Black Hawk County Board of Supervisors for cancellation of weed assessment in the amount of $21.90 against W154' S70' Lot 31, Maywood Third Addition sold at public auction held 10/21/74 to Thomas F. and Dorothy May Nelson, be received, placed on file and said weed assessment cancelled. Ayes: Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Nays: None. Motion carried. 68677 - Moved by Wilharm, seconded by Roehr that request from Robert A. Case for permission to construct an 18' commercial curb cut at 1147 Raven - wood Road, as shown on attached plat, and City Engineer's recommenda- tions for approval subject to the provisions of his letter, be re- ceived, placed on file, recommendations approved and permission granted in accordance therewith. Motion carried. 68678 - Moved by Roehr, seconded by Geiger that request from Frank Patava for permission to construct a temporary asphalt driveway at 4004 Sager Avenue, 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 Frank Patava and authorizing construction of a temporary asphalt driveway at 4004 Sager Avenue ir- respective of a later official grade", adopted. Ayes: Berdell, Gei- ger, Getty, Keller, Lichty, Roehr and Wilharm. Nays: None. Resolu- tion adopted and upon approval by the Mayor, it was assigned a number and appears as Resolution 24194 in the official resolution book. 68679 - Moved by Roehr, seconded by Geiger that request from Robert Delagar- delle for permission to construct a temporary concrete driveway at 1228 Baltimore Street, 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 Robert Del- agardelle and authorizing construction of a temporary concrete drive- way at 1228 Baltimore Street irrespective of a later official grade", adopted. Ayes: Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Nays: None. Resolution adopted and upon approval by the Mayor, it was assigned a number and appears as Resolution 24195 in the official resolution book. 68680 - Moved by Keller, seconded by Lichty that Financial Report of Board of Waterloo Water -Works Trustees for Eighteen Month Period ending June 30, 1975, be received and placed on file. Motion carried. 68681 - Moved by Getty, seconded by Berdell that communication from Property Administrator, transmitting an "Offer to Buy" Lots 1, 2 and 3 of Block 11, Shilliam's 3rd Subdivision known as 118,122 and 128 Bates Street, with $150.00, from Johnnie Oneal and Marian L. Oneal, (hearing to dispose of real estate being held under Council Action #68620 of 9/8/75), be received, placed on file and "Resolution accepting the bid of Johnnie Oneal and Marian L. Oneal in the amount of $150.00, approv- ing and authorizing the sale and conveyance of Lots 1, 2 and 3, Block 11, Shilliam's 3rd Subdivision, and directing and authorizing the Mayor and Clerk to execute and deliver a deed for said property", adopted. Ayes: Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Nay: None. Resolution adopted and upon approval by the Mayor, it was assigned a number and appears as Resolution 24196 in the official resolution book. 68682 - The Engineers recommended acceptance of the low bid of Service Con- struction Co. of Waterloo, Iowa in the amount of $242,789.60 for Dry Run Creek Retaining Wall and Dike Modifications in Liberty Park, Con- tract No. 94. Moved by Keller, seconded by Lichty that the above recommendation be received, placed on file and "Resolution accepting the bid of Service Construction Co. of Waterloo Iowa in the amount of $242,789.60, for the Dry Run Creek Retaining Wall and Dike Modifi- cations in Liberty Park, Contract No. 94", adopted. Ayes: Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Nays: None. Res- olution adopted and upon approval by the Mayor, it was assigned a num- ber and appears as Resolution 24197 in the official resolution book. September 15, 1975 -5- 68683 - Under Council Action #68632 action was deferred on a "Resolution approving the acquisition of certain properties in the Downtown Wat- erloo Urban Renewal Development Area", and was now presented for con- sideration. Moved by Getty, seconded by Lichty that the communica- tion from Mayor Rooff, transmitting a proposed resolution authorizing the acquisition of properties located on Commercial Street between West Fourth Street and the West Side Parking Ramp to be sold for the construction of a new hotel, and requesting adoption, be received, placed on file and "Resolution approving the acquisition of certain properties in the Downtown Waterloo Urban Renewal and Redevelopment Area", be not adopted. Ayes: Berdell, Geiger, Getty, Keller, Lich- ty, Roehr and Wilharm. Nays: None. Mayor declared the resolution not adopted. 68684 Mayor Rooff reported a meeting was held with the developers, who stated the Center would not be successful without a hotel across the street, citing Abilene, Texas as a failure; he checked with the Mayor of Abilene and was informed that center was very successful. He reported on the various locations as follows: Courier block, it would take 5M to 6M to move the Courier; IPS had just spent 1M to remodel; Block facing Park Avenue across from the Center, this was proposed for intercity freeway; Brice, Petrides block was in flood control program with a part to be taken by Corps of Engineers. Feas- ible locations had been narrowed to Waterloo Building and Penney Block, which block was bounded by West Fourth Street, Commercial Street, West Fifth Street. Only about $700,000 could be spent for acquisition of property. Wallace Butler, Atty. for the businesses in the Penney block, commended the Council for representing the citizens, listening, and being inter- ested in individual rights, and not just governmental rights. He strenuously questioned the legality of using condemnation powers to acquire properties for the hotel; stated condemnation was for areas which were considered blighted and beyond rehabilitation, and pointed out the fine establishments proposed to be sacrificed. He urged the Council to consider the morality of such action. Homer Asquith, Ec- kels Hutchison, Trueman Wagner and Irvin Eilers concurred. Wirt Hoxie suggested new experts be brought in and George Newton an- nounced there would be another expert coming in the next few days from Hilton Inn to review the city's feasibility study and discuss a proposed east side location on which options have been obtained through private negotiations. DeWayne Eilers questioned the various sites, a discussion followed in which it was brought out that the 1 M dollars of Waterloo money was not City of Waterloo money but was from 35 investors, who would pri- vately build the hotel and the chain would run the hotel for the in- vestors. City Attorney Smith said he was satisfied there would be no legal prob- lems involved in using condemnation powers to acquire the property. After further deliberation, it was moved by Wilharm, seconded by Lich- ty that a "Resolution denying the acquisition of certain properties in the Downtown Waterloo Urban Renewal and Redevelopment Area, In Block 8, Original Plat, West Waterloo, bounded by West Fourth Street, Commercial Street, West Fifth Street and Jefferson Street", be adopted. Ayes: Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Nays: None. Resolution adopted and upon approval by the Mayor, it was as- signed a number and appears as Resolution 24198 in the official res- olution book. FIVE MINUTE RECESS 68685 - Moved by Roehr, seconded by Lichty that Contract and Bond with Cedar Valley Corporation in the amount of $684,025.87 for 1975 Paving Pro- gram, Contract No. 135, be received, placed on file and "Resolution approving Contract and Bond of Cedar Valley Corporation for 1975 Paving Program, Contract No. 135", adopted. Ayes: Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Nays: None. Resolution adopted and upon approval by the Mayor, it was assigned a number and appears as Resolution No. 24199 in the official resolution book. September 15, 1975 -6- 68686 - Moved by Getty, seconded by Lichty that communication from the Com- munity Development Administrator, transmitting a proposed resolution authorizing advertisement for sale of $7,190,000.00 Project Loan Notes for Urban Renewal Project Iowa R-7, be received, placed on file and "A Resolution authorizing the advertising of the sale of Project Loan Notes in connection with the financing of Project Iowa R-7", adopted. Ayes: Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Nays: None. Resolution adopted and upon approval by the Mayor, it was assigned a number and appears as Resolution 24200 in the official resolution book. 68687 - Moved by Roehr, seconded by Lichty that communication from the Com- munity Development Administrator, transmitting a proposed resolution certifying the City of Waterloo's legal authority to apply for a grant, be received, placed on file and "Resolution authorizing filing of ap- plication with the Environmental Protection Agency, United States of America, for a grant under the Water Pollution Control Act (33 U.S.C. 466 et seq.)", adopted. Ayes:_Berdell, Geiger, Getty, Keller, Lich- ty, Roehr and Wilharm. Nays: None. Resolution adopted and upon ap- proval by the Mayor, it was assigned a number and appears as Resolu- tion 24201 in the official resolution book. 68688 - Moved by Wilharm, seconded by Roehr that the communication from the Community Development Administrator, transmitting a proposed resolu- tion authorizing opening of bids received for Urban Renewal Project Iowa R-7 Loan Notes, be received, placed on file and "Resolution au- thorizing the City Clerk of the City of Waterloo, Iowa, to open the bids received for Project Loan Notes (first series 1975) and to send a telegram of acceptance to the successful bidder or bidders", adopted. Ayes: Berdell, Geiger, Getty, Keller, Roehr and Wilharm. Nays: None. Abstained: Lichty. Resolution adopted and upon approval by the Mayor, it was assigned a number and appears as Resolution 24202 in the offic- ial resolution book. 68689 - Moved by Lichty, seconded by Wilharm that the Waiver from The Leavitt & Johnson Company authorizing the elimination of area under sidewalk at 217 and 219 West 4th Street in connection with the Downtown Fourth Street Improvements program, Contract No. 152, and the statement dated 8/22/75 from Cedar Falls Construction Company for filling and compact- ing open space under said sidewalk, be received, placed on file and "Resolution accepting Waiver from The Leavitt & Johnson Company for filling and compacting open space under sidewalk at 217 and 219 West 4th Street, and statement from Cedar Falls Construction Company, authorizing payment, accepting the said filling and compacting work, and making assessment for same", adopted. Ayes: Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Nays: None. Resolution Adopted and upon approval by the Mayor, it was assigned a number and appears as Resolution 24203 in the official resolution book. 68690 - Moved by Roehr, seconded by Lichty that communication from Mayor Rooff, submitting for Council approval the appointment of Dr. Merwin R. Dieck- mann to the Waterloo Airport Commission for a six-year term to expire September 17, 1981, be received, placed on file and approved. Motion carried. 68691 - Moved by Roehr, seconded by Lichty that communication from Mayor Rooff, submitting for Council approval the appointment of John Lavender to Operation Threshold, be received, placed on file and approved. Motion carried. 68692 - Moved by Wilharm, seconded by Roehr that communication from Personnel Director reporting Harold Schafroth will retire from the Milk Inspec- tion Department on September 30, 1975, and is entitled to 49 days sick leave pay and 8 days vacation pay, in the total amount of $2,850.00, and recommending approval, be received, placed on file and "Resolution approving payment of $2,850.00 for 49 working days of sick leave and 8 days vacation to Harold Schafroth, who will retire from the Milk Inspection Department on September 30, 1975 and authorizing the Finance Director to draw a warrant in payment therefor", adopted. Ayes: Ber- dell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Nays: None. Resolution adopted and upon approval by the Mayor, it was assigned a number and appears as Resolution 24204 in the official resolution book. September 15, 1975 -7- 68693 - Moved by Getty, seconded by Lichty that request from Property Adminis- trator for permission to proceed with sale of 39.5 acres of land known as Wk NW4 NE 4 and E2 NE4 NW4 of Section 29-89-13, owned by the City of Waterloo, Iowa, with a minimum acceptance sales price not to ex- ceed $3,000 an acre or $118,500, be received, placed on file and ac- tion tabled until October 6, 1975. Motion carried. 68694 - Moved by Roehr, seconded by Geiger that the 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 & Liquor - Class C Charcoal Inn, Inc. dba Charcoal Inn, 360 East Ridgeway Avenue Ronald C. Schake dba The Castle, 319 West 4th Street Motion carried. 68695 - Moved by Getty, seconded by Geiger that application and fee of Mark J. Carter, 806 Hickory Street, for taxicab driver's permit, be received, placed on file and granted. Motion carried. 68696 - Moved by Geiger, seconded by Lichty that report of City Attorney and list of bonds filed with Clerk through 9/2/75, be received, placed on file, and report and bonds as listed, approved. Motion carried. 68697 - Moved by Geiger, seconded by Roehr that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk September 15, 1975