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HomeMy WebLinkAbout09/02/1975September 2, 1975 The Council of City of Waterloo, Iowa, met it Regular Session in CQVX it in CityHall at 7:00 P.M. on September t: Geiger Getty, ,2ht1975. Roehraand Wilharm. theChAb- sent:Chambers nte roll and Keller. Invocation offered by Councilman Wilharm. Berdell an Getty, 68573 Moved byfor seconded by Wilharm that the Agenda, as amended, the Regular Session of September 2, 1975 at 7:00 P.M., be accepted and approved. Motion carried. 68574 - Moved by Roehr, seconded by Geiger that theMinutes f ase Regucard. approved Session held August 25, 1975 at 7:00 P.M., Motion carried. 68575 - Moved by Roehr, seconded by Getty that tothe proof feofapublicationaof the Notice of Public Hearing on proposal in the Courier on August alleys, all in Railroad Addition, as published 21, 1975, be received and placed on file. Motion carried. 68576 - The Mayor announced the time had arrived to hear objections, and called for oral and written objections. No objections were made or filed. Jim Porter stated, after investigation, he had no objection. Moved by Wilharm, seconded by Roehr that "Ordinance vacating part of certain streets and alleys in the City of Waterloo, Black Hawk County, Iowa, in order to expedite the redevelopment plan for the Logan Avenue Urban Renewal Project Iowa R-2", be considered and passed for the first time. Ayes: Geiger, Getty, Lichty, Roehr and Wilharm. Nays: None. Absent: Berdell and Keller. Motion carried. COUNCILPERSON BERDELL NOW PRESENT. 68577 Moved by Roehr, seconded by Wilharm that request from National Bank of Waterloo for permission to construct four commercial curb cuts, one 30' and one 35' on East Fourth Street, and one 30' and one 35' on East Park Avenue, 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 ac- cordance therewith. Motion carried. 68578 - Moved by Wilharm, seconded by Getty that request from Leon K. Lauver & Associates for permission to close existing curb cut and relocate a 24' curb cut at 3779 West 9th Street, as shown on attached plat, and City Engineer's recommendation for approval subject t� the provisions of his letter, be received, placed on file, recommendations approved and permission granted in accordance therewith. Motion carried. 68579 - Moved by Getty, seconded by Roehr that request from Wayne W. Tangeman for U-Needa Car Wash for permission to widen existing curb cut by 5' at 203 Jefferson Street, as shown on attached plat, and City Engineer's recommendations for approval subject to provisions of his letter, be received, placed on file, recommendations approved and permission granted in accordance therewith. Motion carried. 68580 - Moved by Roehr, seconded by Wilharm that request from Archie Schoville for permission to construct a temporary concrete driveway at 180 Wood- stock Road, without regard to sidewalk grade, 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 Archie Schoville and authorizing construction of a temporary concrete driveway at 180 'Wood - Stock Road irrespective of a later official grade", adopted. Ayes: Berdell, Geiger, Getty, Lichty, Roehr and Wilharm. Nays: None. Ab- sent: Keller. Resolution adopted and upon approval by Mayor, it was assigned a number and appears as Resolution 24166 in the official res- olution book. 68581 - Moved by Wilharm, seconded by Roehr that request of Black Hawk County Board of Supervisors for waiving of 1974 weed assessment in amount of $17.25 and interest against Lot 2, Weishaars Addition, sold to Wayne Billman at a public auction held March 24, 1975, be received, placed on file and approved. Ayes: Berdell, Geiger, Getty, Lichty, Roehr and Wilharm. Nays: None. Absent: Keller. Motion carried. September 2, 1975 -2- 68582 - Moved by Wilharm, seconded by Geiger that request from Leon K. Lauver & Associates for permission to close existing curb cut and relocate a 24' curb cut at 1738 Flower Street, 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. 68583 - Moved by Getty, seconded by Roehr that the City Treasurer Financial Report for July, 1975, showing Balance on Hand 7/1/75 $14,757,237.79, Receipts $2,757,547.78, Disbursements $3,555,848.97, Balance on Hand 7/31/75 $13,958,936.60, be received and placed on file. Motion carried. 68584 Mayor Rooff read the relocation benefits in the Resolution of Necessity for acquisition and condemnation of property for parking. A discussion followed on 90 days to move, majority of property owners in favor of sale, one-half block was outside of Urban Renewal area, could the City buy and resell properties to private enterprise, tenants being hurt. Sidney Greenfield suggested shuttle buses be operated before tearing down buildings, stated he was offered $29,000 for his building and his cost was $53,000 and a five year lease for $30,000. Max Kirk, for Fred Kinzler and Don Gardner, asked that action be de- layed until true costs were determined, which included revenue and business lost. The question was raised if the resolution was passed, could the Council oppose or approve a price. City Attorney Smith stated the Council should determine whether the general area should be acquired and the matter of price left to the legal staff, Community Development office and the owner's attorney to be negotiated within the confines of fair market value. Moved by Getty, seconded by Roehr that "Resolution of Necessity authorizing the acquisition and condem- nation of property for parking", be adopted. Ayes: Berdell, Getty and Roehr. Nays: Geiger, Lichty and Wilharm. Absent: Keller. Mo- tion not carried. 68585 - Under Council Action #68492 of 8/18/75 action was deferred on Offer of Sale of 513-515 Bluff Street to the City from Harry E. Young for $20,000. Moved by Getty, seconded by Berdell that action on the above Offer of Sale from Harry E. Young be tabled. Motion carried. 68586 - Under Council Action #68497 of 8/18/75 action was deferred on Offer of Sale of 316-320 West Fourth Street to the City from Harry E. Burd for $72,400.00. Moved by Getty, seconded by Berdell that action on the above Offer of Sale from Harry E. Burd be tabled. Motion carried. 68587 - Under Council Action #68570 of 8/25/75 action was deferred on the ap- plication for a Junk Dealer License from John L. Smith dba Midwest Paper & Metals at 2725 Lafayette Street. Kjas Long, Atty. for John L. Smith, spoke in support of granting the license. Mayor Rooff stated he could not recommend approval and that this was scheduled for court on September 22, 1975. Moved by Berdell, seconded by Roehr that above Junk Dealer License application be denied. Ayes: Berdell, Geiger, Getty, Lichty and Roehr. Nays: Wilharm. Absent: Keller. Motion carried. 68588 Moved by Roehr, seconded by Wilharm that the communication from City Attorney, transmitting an agreement between the Waterloo Recreation Commission and Waterloo Community Playhouse for a ten year lease of Hope Martin Theater and adjoining facilities for the period of Aug- ust 15, 1975 to August 15, 1985, be received, placed on file and "Res- olution fixing the time and place of hearing on a proposal to lease to the Waterloo Community Playhouse for a ten year period the Hope Martin Theater, adopted, and said date set as September 15, 1975, at 7:00 P.M. in City Hall. Ayes: Berdell, Geiger, Getty, Lichty, Roehr and Wilharm. Nays: None. Absent: Keller. Resolution adopted and upon approval by the Mayor, it was assigned a number and appears as Resolution 24167 in the official resolution book. 68589 - Moved by Roehr, seconded by Getty that "Resolution approving the Mu- nicipal Street Finance Report to the Iowa State Highway Commission for January 1, 1974 to June 30, 1975 covering various expenditures for Street and Parking Purposes on Municipal Streets and Parking in the City of Waterloo, Iowa," be adopted. Ayes: Berdell, Geiger, Getty, Lichty, Roehr and Wilharm. Nays: None. Absent: Keller. Resolution adopted and upon approval by the Mayor, it was assigned a number and appears as Resolution 24168 in the official resolution book. September 2, 1975 r� -3- 68590 Moved by Wilharm, seconded by Roehr that Contract and Bond with Gjelle- fald Constructors, Inc. in amount of $148,963.00 for Orange Township Sanitary Sewer Outfall, Contract No. 177, be received, placed on file and "Resolution approving the Contract and Bond of Gjellefald Con- structors, Inc. of Forest City, Iowa, for the Orange Township Sanitary Sewer Outfall, Contract No. 177", adopted. Ayes: Berdell, Geiger, Getty, Lichty, Roehr and Wilharm. Nays: None. Absent: Keller. Resolution adopted and upon approval by the Mayor, it was assigned a number and appears as Resolution 24169 in the official resolution book. 68591 - Councilperson Lichty raised the question on the Dry Run Creek Re- taining Wall and Dike, if there would be any special assessments and was informed there would be none and the work should be done in about sixty days. Moved by Getty, seconded by Wilharm that "Application for Approval of Construction in or on any Floodway or Flood Plain" for the Dry Run Creek Retaining Wall and Dike at Liberty Park, for the City of Waterloo, Iowa, and the City Engineer's recommendation for approval, be received, placed on file, Mayor authorized to sign same and submitted to Iowa Natural Resources Council. Motion carried. 68592 Moved by Roehr, seconded by Wilharm that four Contract and Waiver Agreements, one from Alstores Realty Corporation for James Black Company, two from New England Mutual Life Insurance_ Company and one from Vinod K. Sarin for the J. C. Penney Building, be received, placed on file and "Resolution accepting and approving four Contract and Waiver Agreements and authorizing the Mayor and City Clerk to execute the same in behalf of the City of Waterloo, Iowa,".adopted. Ayes: Berdell, Geiger, Getty, Lichty, Roehr and Wilharm. Nays: None. Ab- sent: Keller. Resolution adopted and upon approval by the Mayor, it was assigned a number and appears as Resolution 24170 in the official resolution book. 68593 - Moved by Roehr, seconded by Wilharm that five copies of Iowa State Highway Commission Application Form #562, Application for use of High- way Right of Way for Utilities Accommodation, with sketch attached, from Waterloo Water Works, for accommodation of an 8" water main along Iowa Highway 281 at Sta. 70+26, Rebecca Lane, and City En- gineer's recommendation for approval, be received, placed on file, ap- proved and City Clerk authorized to sign said application in behalf of City of Waterloc. Motion carried. 68594 - Moved by Getty, seconded by Lichty that "An Ordinance vacating a sec- tion of Black Hawk Street southeasterly of West 18th Street, in the City of Waterloo, Iowa", be considered and passed for the third time (the first having passed under C.R. #68480 of 8/18/75 and the second under C.R. #68549 of 8/25/75), and now placed on its final adoption. Ayes: Berdell, Geiger, Getty, Lichty, Roehr and Wilharm. Nays: None. Absent: Keller. Motion carried. 68595 - Moved by Getty, seconded by Lichty that "An Ordinance vacating a sec- tion of Black Hawk Street southeasterly of West 18th Street, in the City of Waterloo, Iowa", be adopted. Ayes: Berdell, Geiger, Getty, Lichty, Roehr and Wilharm. Nays: None. Absent: Keller. Ordinance adopted and upon approval by the Mayor, it was assigned a number and appears as Ordinance 2763 in the official ordinance book. 68596 - Moved by Wilharm, seconded by Roehr that "An Ordinance vacating all: the alley in Block 22, Auditor Rainbow's Plat of Maywood Second Filing, in the City of Waterloo, Iowa, be considered and passed for the third time (the first having passed under C.R. #68482 of 8/18/75 and the second under C.R. #68548 of 8/25/75), and now placed on its final adoption. Ayes: Berdell, Geiger, Getty, Lichty, Roehr and Wilharm. Nays: None. Absent: Keller. Motion carried. 68597 Moved by Roehr, seconded by Lichty that "An Ordinance vacating all the alley in Block 22, Auditor Rainbow's Plat of Maywood Second Filing, in the City of Waterloo, Iowa", be adopted. Ayes: Berdell, Geiger, Getty, Lichty, Roehr and Wilharm. Nays: None. Absent: Keller. Or- dinance adopted and upon approval by the Mayor, it was assigned a num- ber and appears as Ordinance 2764 in the official ordinance book. September 2, 1975 -4- 68598 - Moved by Getty, seconded by Roehr that Brice, Petrides & Associates, Inc., Engineers, be instructed to prepare plans, specifications, form of contract, form of proposal, preliminary estimate of cost, etc. for the Dry Run Creek Retaining Wall and Dike Modifications in Liberty Park, Contract No. 94. Motion carried. 68599 Moved by Wilharm, seconded by Roehr that the plans and specifications, form of contract, etc. for Dry Run Creek retaining Wall and Dike, Contract No. 94, be received, placed on file and "Resolution provis- ionally approving proposed plans, specifications, form of contract and estimated cost for Dry Run Creek Retaining Wall and Dike, Contract No, 94, and directing publication of Notice of Hearing on proposed plans, specifications, etc. and taking of bids", adopted, with hearing set for September 15, 1975 at 7:00 P.M. in City Hall. Ayes: Berdell, Geiger, Getty, Lichty, Roehr and Wilharm. Nays: None. Absent: Kel- ler. Resolution adopted and upon approval by the Mayor, it was ass- igned a number and appears as Resolution 24171 in the official res- olution book. 68600 Moved by Roehr, seconded by Wilharm that the City Clerk be instructed to publish the Notice to Contractors or Invitation for Bids for Dry Run Creek Retaining Wall and Dike, Contract No, 94, in the City of Waterloo, Iowa, said date being set as September 15, 1975 at 7:00 P.M. in the City Hall in said City. Motion carried. 68601 Moved by Roehr, seconded by Lichty that the communication from the City Engineer, transmitting the following designated haul routes for Stage VA, Waterloo Flood Control and requesting approval subject to the provisions of his letter, be received, placed on file and approved accordingly: I. Levee Construction between Herbert Avenue and Highway 20 (one-way loop) A. Wagner Road from West Donald Street to West Airling Highway B. U.S. 20 from Wagner Road to West Donald Street (W.C.F. & N. Drive) C. W.C.F. & N. Drive from West Donald Street to West Airling Hwy. D. West Airling Highway from W.C.F. & N. Drive to Wagner Road II. Levee Construction between San Souci Bridge and Fairview Cemetary A. West Donald Street from Borrow Site.to Cedar Bend Street (ex- isting truck route) B. Cedar Bend Street from West Donald Street to U.S. 20 (existing truck route) C. U.S. 20 from Cedar Bend Street to Burton Avenue D. Burton Avenue from U.S. 20 to Conger Street E. Conger Street from Oakland Avenue to Ashland Avenue III.Cedar Bend Tree Removal, Debris, and Concrete Removal A. Cedar Bend Street from Walker Street to West Donald Street B. West Donald Street from Cedar Bend Street to Wagner Road Motion carried. 68602 Moved by Getty, seconded by Lichty that following request for per- mission to attend function, with expenses allowed not to exceed amount shown, be received, placed on file and approved: Supt. of Streets to Urban Potential Seminar, Waterloo, Iowa, September 15 and 16, 1975, $110.00 plus use of City Vehicle; Ayes: Berdell, Geiger, Getty, Lichty, Roehr and Wilharm. Nays: None. Absent: Keller. Motion carried. 60603 Moved by Getty, seconded by Lichty that following request for per- mission to attend function, with expenses allowed not to exceed amount shown, be received, placed on file and approved: Housing Manager to two-week School on Housing for Elderly, Menlo Park, California, Sep- tember 7 thru 20, 1975, $342.00. Ayes: Geiger, Getty, Lichty, Roehr and Wilharm. Nays: None. Abstained: Berdell. Absent: Keller. Motion carried. September 2, 1975 -5- 68604 - Moved by Roehr, seconded by Lichty that application and fee of M. Tim- othy Tempel, 737 Home Park Blvd. for taxicab driver's permit, be re- ceived, placed on file and granted. Motion carried. 68605 - Moved by Roehr, seconded by Getty that the following applications for Beer Permits and Beer and Liquor License, be received, placed on file, approved, the approval endorsed on applications and same forwarded to the Iowa Beer and Liquor Control Department: Beer - Class C Cullen Crawford dba Crawford's Laundromat and Grocery, (Renewal) 523 Logan Ave. Leonard J. Varlamos dha Varly Drug, 908 LaPorte Road (Renewal) George Philip Clearman dba Waterloo Fina Service, (New) 2301 Lafayette St. Beer & Liquor - Class C Helen L. Kalso dba H & W Restaurant & Tap, 1607 (Renewal) Sycamore Street Motion carried. 68606 - Moved by Wilharm, Drug Co. dba C. J. at 620 Commercial Motion carried. seconded by Geiger that the application of Waterloo Miller & Company for permission to sell cigagrettes Street, be received, placed on file and granted. 68607 - Moved by Getty, seconded by Roehr 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. 68608 - Moved by Geiger, seconded by Getty that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk September 2, 1975