HomeMy WebLinkAbout07/17/78July 17, 1978
The Council of City of Waterloo, Iowa, met in Regular Session in Council
Chambers in the City Hall at 7:00 P.M,., on July 17, 1978. 1=ayor Rooff in the
Chair. On roll call, Present: Bowers, Burton, Getty, Roehr, Wilharm. Absent:
Dowie, Hutchison. Invocation by: Iowa State Auditor Lloyd R. Smith.
74621 - Iowa State Auditor Lloyd R. Sir;ith presented the 18 nonth July 1, 1976
thru December 31, 1977 audit report for the City of Waterloo made by
his staff. Ke cormended P°ayor Rooff" and the Council for a well run
city, pointing out the reduction in bonded indebtedness and a tightly
run ship, having probably as good a record as any in the State, and
City Treasurer Campbell for his investment program. Mayor Rooff
thanked him for his comments and stated the City was in the black.
1_7oved by Getty, seconded by Burton that the above audit report, be re-
ceived and placed on file. Motion carried.
74622 - Yoved by Roehr, seconded by Bowers that the Agenda, as proposed, for
the Regular Session of July 17, 1978 at 7:00 P.I., be accepted and
approved. ?Motion carried.
74623 - Moved by Burton, seconded by Bocaers that the Minutes of the Regular
Session held July 10, 1978 at 7:00 P.M., be apDrcved. Motion carried.
74624 - Mayor Rooff, the Council, Engineer and the Westbourne Terrace area
residents are to meet on Sunday, July 23rd, 4:00 P.M. at the Benson
residence at 1917 Mayfair Street, to discuss the drainage study.
Dale Tekippe of Brice, Petrides & Associates, Inc., Engineers, briefly
reported on the study, summarizing the analysis revealed (1) a defi-
cient storm sewer in Westbourne Road which causes ponding at inter-
section of Westbourne Road and Mayfair Street, which could be solved
by modifying the profile of Westbourne Road from Mayfair Street to
Castle Street allowing secondary overflow in the street, (2) a defi-
cient storm sewer crossing Progress Avenue at Acorn Lane, which could
be solved by a larger storm sewer, (3) all existing culverts were in-
adequate for a 100 -year storm, which flood damage could be reduced
by open earth cut at abandoned W.C.F.&N.Ry. , twin 10'x5' reinforced
concrete box culverts at North Hackett Road and Niagara Drive and a
twin 12'x7' reinforced concrete box at Rainbow Drive.
Moved by Roehr, seconded by Burton that the Castle Hill Drainage Study,
be received and placed on file. Motion carried.
74625 - Moved by Roehr, seconded by Bowers that proof of publication of notice
of public hearing on rezoning from "A-1" Agricultural District to
"R-1" One and Two Family Residence District and "R-3" Multiple Resi-
dence District approximately 38 acres in Section 11 -88N -13W, south
of Murphy Road and 4 mile east of Hammond Avenue, as published in
Waterloo Courier on 6/30/78, upon request of Gerald P. Schoenfelder,
upon recommendation of City Zoning Commission and Council's own mo-
tion, be received and placed on file. Motion carried.
74626 - This being the time for hearing, the Mayor called for oral and writ-
ten objections, and there were none.
In a discussion, Acting City Engineer Radue reported there would be a
need for improvements in next five years, the situation was identical
to Sturdy Addition; City's policy on drainage would be followed, sani-
tary sewer was existing to the site now, and storm sewer would need
to be put in, with the upgrading to be done now.
Moved by Bowers, seconded by Roehr that "An Ordinanc am ,n 'ng Ordin-
ance No. 2479, as amended, by adding Sub -Section No 148 t Section
2A-5, rezoning certain property", be received, plat ile, con-
sidered and passed for the first time. Aves: Five. Absent: Dowie
and Hutchison. Motion carried.
74627 - Moved by Burton, seconded by Bowers that proof of publication of no-
tice of public hearing on proposal to vacate a portion of Movilla
Street in Section 33 -89N -13W, as published in Waterloo Courier on
7/7/78, requested by Waterloo Board of Park Commissioners, be re-
ceived and placed on file. Motion carried.
74628 - This being the time for hearing, the Mayor called for oral and writ-
ten objections, and there were none.
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74628 - (Continued)
Moved by Wilharm, seconded by Getty that "An Ordinance vacating a
portion of Movilla Street in Section 33 -89N -13W", be received, plac-
ed on file, considered and passed for the first time. Ayes: Five.
Absent: Dowie and Hutchison. Motion carried.
74629 - Moved by Roehr, seconded by Burton that proof of publication of no-
tice of public hearing on proposal to vacate a portion of Byron Ave-
nue located east of east right-of-way line of Mendota Street and
west of west right-of-way line of Galena Street, Riverview Addition,
as published in Waterloo Courier on 6/30/78, requested by Waterloo
Plan and Program Commission, be received and placed on file. Motion
carried.
74630 - This being the time for hearing, the Mayor called for oral and writ-
ten objections, and there were none.
Moved by Bowers, seconded by Burton that "An Ordinance vacating a
portion of Byron Avenue located east of east right-of-way line of
:Mendota Street and west of west right-of-way line of Galena Street,
Riverview Addition", be received, placed on file, considered and
passed for the first time. Ayes: Five. Absent: Dowie and Hutchi-
son. Motion carried.
74631 - Moved by Burton, seconded by Bowers that proof of publication of
notice of public hearing on proposal to vacate all of north -south
alley in Block 25, Riverview Addition, as published in Waterloo Cour-
ier on 6/30/78, requested by Waterloo Plan and Program Commission,
be received and placed on file. Motion carried.
74632 - This being the time for hearing,'the Mayor called for oral and writ-
ten objections, and there were none.
Moved by Bowers, seconded by Getty that "An Ordinance vacating all
of north -south alley in Block 25, Riverview Addition", be received,
placed on file, considered and passed for the first time. Ayes:
Five. Absent: Dowie and Hutchison. Motion carried.
74633 - Moved by Roehr, seconded by Getty that proof of publication of no-
tice of public hearing on proposal to vacate an 8 foot, 8 inch
utility easement along the north lot line of Lot 97, Cedar Terrace
Third Addition except for east eight feet, 8 inches, as published
in Waterloo Courier on 6/30/78, requested by Waterloo Plan and Pro-
gram Commission, be received and placed on file. Motion carried.
74634 - This being the time for hearing, the Mayor called for oral and writ-
ten objections, and there were none.
Moved by Burton, seconded by Bowers that "An Ordinance vacating an
8' 8" utility easement along north lot line of Lot 97, Cedar Terrace
Third Addition except for east 8' 8", be received, placed on file,
considered and passed for the first time. Ayes: Five. Absent:
Dowie and Hutchison. Motion carried.
74635 - Moved by Roehr, seconded by Burton that proof of publication of no-
tice of public hearing on site plan for Prairie Meadow West Fifth
Addition, upon Plan and Program Commission's recommendation and
Council's own motion, as published in Waterloo Courier .on 6/30/78,
be received and placed on file. Motion carried.
74636 - This being the time for hearing, the Mayor called for oral and writ-
ten objections and there were none.
Moved by Bowers, seconded by Roehr that "Resolution approving site
plan for Prairie Meadow West Fifth Addition", be adopted. Ayes:
Five. Absent: Dowie and Hutchison. Resolution adopted and upon
approval by Mayor, assigned No. 25851.
74637 - Ed Sergeant, 1129 Forest Avenue, presented a petition from residents
of 1100, 1200 and 1300 blocks of Forest Avenue requesting paving of
Forest Avenue between West Ninth Street and Hoover Street.
July 17, 1978
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74637 - (Continued)
11*N
Moved by Wilharm, seconded by Burton that above petition be received,
placed on file and referred to the Acting City Engineer. Motion car-
ried.
74638 - Scott Wienands, 1020 West Third Street, reported the Waterworks was
asked to kill the sprinkler system in his house four years ago, a
workman recently came and broke the saddle on the valve, and he now
receives a bill for $29.00 which he does not feel he should pay.
Waterworks Manager Craft stated the obligation was Mr. Wienands, it
was his valve and responsibility from the main to the house.
Moved by Wilharm, seconded by Roehr that the above objection, be re-
ceived, placed on file and said parties instructed to present their
records. Motion carried.
74639 - Moved by Roehr, seconded by Burton that the 18 month period from July
1, 1976 thru December 31, 1977 audit reports prepared by the Office
of Auditor of State for Waterloo Municipal Waterworks and Waterloo
Municipal Airport, be received and placed on file. Motion carried.
74640 - Moved by Roehr, seconded by Wilharm that offer of Riverside Properties
to purchase Parcel Nos. 1 and 2 in part of Section 25 -89N -13W, re-
ferred to as fractional block opposite Block 2 of OPE, for sum of
$1,000 for extension of redevelopment on adjacent land purposes, and
approval report of Community Development Board, be received, placed
on file, "A resolution authorizing the sale of two small parcels of
land located along the Cedar River Bank southwesterly of Water Street
and adjacent to Riverside Properties", adopted, and hearing set for
August 28, 1978 at 7:00 P.M. in Council Chambers in City Hall. Ayes:
Five. Absent: Dowie and Hutchison. Resolution adopted and upon ap-
proval by Mayor, assigned No. 25852.
74641 - Moved by Burton, seconded by Bowers that offer of Milo C. French and
Olive A. French, 1506 Riehl Street, to purchase Disposal Parcel No.
C-10 in Westfield -Virden Urban Renewal Area, Project No. Iowa R-7,
for the sum of $100 for side yard purposes, and approval report of
Community Development Board, be received, placed on file, "A resolu-
tion authorizing the sale of Disposal Parcel No. C-10 in the West-
field Virden Urban Renewal Area, Project No. Iowa R-7", adopted, and
hearing set for August 28, 1978 at 7:00 P.M. in Council Chambers in
City Hall. Ayes: Five. Absent: Dowie and Hutchison. Resolution
adopted and upon approval by Mayor, assigned No. 25853.
74642 - Agnes B. Robertson stated that no property sold at tax sale should
be for less than City special assessments and the response was the
property was being placed back on the tax roll.
Moved by Roehr, seconded by Bowers that communication from Black Hawk
County Auditor advising offers were made on 7/5/78 for following pro-
perties in amounts shown, on which Black Hawk County holds title, and
requesting Council approval to accept same subject to City of Water-
loo waiving all special assessments and City to receive all proceeds
from the sale, be received, placed on file and approved:
City View Heights - E 135'
S 135.1' Block 13
Unplatted Waterloo East - E
part of NW SE 29-89-12 Com at
pt 330' E & 165' S of Center
pt of S 29 & extend. S 140'
par. with N & S center line
Sec. th E 105' par with E & W
center line Se. th N 140' par
with N & S center line Sec. 29
th W 105' to beg. .33 acres
Ayes: Five
July 17, 1978
Special Amount to
Assessments be waived Bid
$3,634.96 2, 3 .96 $1,400.00
$ 409.58
Absent: Dowie and Hutchison
$ 134.58 $ 275.00
Motion carried.
91
4 -
74643 - Moved by Getty, seconded by Burton that request from Jens Olesen &
Sons Construction Company for permission to construct two 25' com-
mercial curb cuts on Dale Street to serve parking lot for Allen
Memorial Hospital, 1925 Logan Avenue, as shown on attached plat,
and Acting City Engineer's recommendation for approval subject to
provisions of his letter, be received, placed on file, recommenda-
tions approved and permission granted in accordance therewith. Mo-
tion carried.
74644 - Moved by Getty, seconded by Burton that request from Community
Builders & Supply Company for permission to construct two 14' com-
mercial curb cuts at 1020 Commercial Street, as shown on attached
plat, with existing curb cuts to be closed, and Acting City Engi-
neer's recommendation for approval subject to provisions of his
letter, be received, placed on file, recommendations approved and
permission granted in accordance therewith. Motion carried.
74645 - Moved by Getty, seconded by Burton that request from Cecil Burns,
Contractor, for permission to construct one 18' commercial curb cut
for apartment building at 124 West Park Lane, as shown on attached
plat, and Acting City Engineer's recommendation for approval, sub-
ject to provisions of his letter, be received, placed on file, re-
commendations approved and permission granted in accordance there-
with. Motion carried.
74646 - Moved by Getty, seconded by Burton that request from Cecil Burns,
Contractor, for permission to construct one 18' commercial curb
cut for apartment building at 3609 Joan Drive, as shown on attached
plat, and Acting City Engineer's recommendation for approval subject
to provisions of his letter, be received, placed on file, recom-
mendations approved and permission granted in accordance therewith.
Motion carried.
74647 - Moved by Getty, seconded by Burton that request from Budget Builders
for Mrs. Don Saul for permission to widen existing driveway, as
shown on attached plat, to 26', and Acting City Engineer's recom-
mendation for approval subject to provisions of his letter, be re-
ceived, placed on file, recommendations approved and permission
granted in accordance therewith. Motion carried.
74648 - Moved by Getty, seconded by Burton that request from Adelor Warren
for permission to construct one 28' curb cut at 3624 Inverness Road
for three stall garage, and Acting City Engineer's recommendation
for approval subject to provisions of his letter, be received,
placed on file, recommendations approved and permission granted in
accordance therewith. Tlotion carried.
74649 - Moved by Getty, seconded by Burton that request from Young Develop-
ment Co. for permission to construct one 24' commercial curb cut for
four (4) four-plex apartments at 1938 Pinehurst Lane, as shown on
attached plat, and Acting City Engineer's recommendation for approv-
al subject to provisions of his letter, be received, placed on file,
recommendations approved and permission granted in accordance there-
with. Motion carried.
74650 - Moved by Getty, seconded by Burton that request from Marshall W.
Duke for permission to construct one 26' commercial curb cut for
garage at 81 Sycamore Street, and Acting City Engineer's recom-
mendation for approval subject to the provisions of his letter, be
received, placed on file, recommendations approved and permission
granted in accordance therewith. Motion carried.
74651 - Moved by Bowers, seconded by Burton that request of Wayne H. Fox
for permission to construct a temporary concrete driveway at 156
West Orange Road without regard to sidewalk grade, together with
$3.00 for recording waiver, and Acting City Engineer's recommenda-
tion for approval subject to the provisions of his letter, be re-
ceived, placed on file, approved and "Resolution granting permis-
sion to Wayne H. Fox and authorizing construction of a temporary
concrete driveway at 156 West Orange Road, irrespective of a later
official grade", adopted. Ayes: Five. Absent: Dowie and Hutchi-
son. Resolution adopted and upon approval by Mayor, assigned No.
25854.
July 17, 1978
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f
74652 - Moved by Bowers, seconded by Burton that request of Darlene Johnson
for permission to construct a temporary asphalt driveway at 501 Caro-
lina Avenue without regard to sidewalk grade, together with $3.00 for
recording waiver, and Acting City Engineer's recommendation for ap-
proval subject to the provisions of his letter, be received, placed
on file, approved and "Resolution granting permission to Darlene John-
son and authorizing construction of a temporary asphalt driveway at
501 Carolina Avenue, irrespective of a later official grade", adopted.
Ayes: Five. Absent: Dowie and Hutchison. Resolution adopted and
upon approval by Mayor, assigned No. 25855.
74653 - Moved by Roehr, seconded by Bowers that communication from Acting
City Engineer, reporting on objection petition from Bernard Hesse, et
al, to location of a new driveway on west side of North Elk Run Road
between Newell Street and Donald Street south of 1710 North Elk Run
Road, referred to him under Council Action #74565 of 7/3/78, and re-
commending access location not be changed, be received, placed on
file, and petition denied. Motion carried.
74654 - Moved by Burton, seconded by Roehr that report of Quintin T. Parker,
Sign & Traffic Dept., on petition of Janet Etringer, et al, for stop
sign at corner of Sioux Street and Terrace Drive, referred to him
under Council Action #74566 of 7/3/78, be received, placed on file
and petition denied. Motion carried.
74655 - Moved by Getty, seconded by Burton that communication from Acting
Asst. City Engineer advising improvements required as a condition pre-
cedent to final approval of Southland Park Second Addition have been
completed in substantial conformance with construction plans, stand-
ards and requirements of his office, submitting four-year maintenance
bond for street improvements and two-year maintenance bond for sewer
improvements, and recommending acceptance, be received, placed on
file, approved and accepted with effective'dates on bonds being July
17, 1978. Motion carried.
74656 - Moved by Getty, seconded by Burton that communication from City Clerk
submitting for Council approval "Smoking" and "No Smoking" areas in
City Hall Building and Water Pollution Control Plant, be received and
placed on file. Motion carried.
74657 - Moved by Getty, seconded by Burton that "No Smoking" designations in
the City Hall corridors be replaced with "Smoking" designations.
Ayes: Burton, Getty, Roehr. Nay: Bowers, Wilharm. Absent: Dowie,
Hutchison. Motion not carried.
74658 - Moved by Roehr, seconded by None that action be deferred on the "Smok-
ing" and "No Smoking" areas. Motion died for lack of second.
74659 - Moved by Getty, seconded by Bowers that entire City Hall building be
designated "Smoking" area.
74660 - Moved by Bowers, seconded by Getty that the above motion be amended
by adding "except in those offices posted "No Smoking". Motion not
carried.
74661 - Mayor Rooff called for the vote on the motion that "entire City Hall
building be designated "Smoking" area. Motion carried.
74662 - Under Council Action #74609 of 7/10/78 action was deferred on Agree-
ment with International Association of Fire Fighters, Local No. 66.
Moved by Roehr, seconded by Burton that "Resolution approving an
Agreement with International Association of Fire Fighters, Local 66,
and authorizing the Mayor and Assistant City Attorney to sign and
execute same in behalf of the City of Waterloo, Iowa", be adopted.
Ayes: Five. Absent Dowie and Hutchison. Resolution adopted and
upon approval by Mayor, assigned No. 25856.
74663 - Moved by Getty, seconded by Bowers that following Construction Per-
mits from Iowa Department of Environmental Quality, subject to cer-
tain conditions and requirements, be received and placed on file:
No. 78-449-S Sanitary Sewer Extension for St. Francis Professional Park;
No. 78-454-S Sanitary Sewer Extension for Elliott PUD.
Motion carried.
July 17, 1978
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74664 - Moved by Wilharm, seconded by Roehr that following two Change Or-
ders for EDA FY 1978 Paving Program, Contract No. 163, for addi-
tional work and materials by Irving F. Jensen Co., Inc. at additional
costs, be received, placed on file, approved and Mayor and Clerk
authorized to execute same:
No. 2 for removal of abutment structure, $1,991.36;
No. 5 for 158 ton of road stone for Idaho Street, $1,580.00.
Ayes: Five. Absent: Dowie and Hutchison. Motion carried.
74665 - Moved by Roehr, seconded by Bowers that communication from City At-
torney, transmitting an easement from Black Hawk County dated
7/10/78 for Flood Control Project, and recommending acceptance, be
received, placed on file, approved and accepted, and Clerk instruct-
ed to have same recorded. Motion carried.
74666 - Moved by Getty, seconded by Wilharm that communication from Commun-
ity Development Administrator, transmitting an Easement Agreement
dated 7/11/78, and recommending approval, be received, placed on
file, approved and accepted and "A resolution authorizing the exe-
cution of an Easement Agreement with Wayne and Aniceta Claassen in
connection with the sidewalk program on Idaho Street", adopted.
Ayes: Five. Absent: Dowie and Hutchison. Resolution adopted and
upon approval by Mayor, assigned No. 25857.
74667 - Moved by Roehr, seconded by Getty that Preliminary Plat of Prairie
Meadow West Fifth Addition with Deed of Dedication, report of Act-
ing City EnginEer, Plan and Program Commission's resolution of
approval and rEcommendation for Council approval, be received,
placed on file and "Resolution approving the Preliminary Plat of
Prairie Meadow West Fifth Addition, Waterloo, Black Hawk County,
Iowa", adopted. Ayes: Five. Absent: Dowie and Hutchison. Reso-
lution adopted and upon approval by Mayor, assigned No. 25858.
74668 - Moved by BowerE, seconded by Burton that Final Plat of Maywood
Heights Additic,n with Engineer's Certificate of Survey, Deed of
Dedication, Cor.tract and Waivers, Report of City Engineers, Plan
and Program Commission's resolution of approval and recommendation
for Council approval, be received, placed on file, approved and
"Resolution approving the Final Plat of Maywood Heights Addition,
Waterloo, Blacl"Hawk County, Iowa", adopted, and Mayor and Clerk
authorized to Execute said Contract. Ayes: Five. Absent: Dowie
and Hutchison. Resolution adopted and upon approval by Mayor,
assigned No. 2_5859.
74669 - Moved by Burton, seconded by Bowers that communication from Commun-
ity Development: Administrator, transmitting an Offer of Sale to the
City from Nance Searcy, 1825 West Seventh Street, of Lot No. 58
except the west: 200' thereof, Hollandale Addition, for sum of
$2,250.00 for Waterloo flood control project, and recommending ap-
proval, be received, placed on file and "A resolution accepting
and approving c=ertain offers to sell real property to the City and
accepting and approving certain deeds", adopted. Ayes: Five. Ab-
sent: Dowie and Hutchison. Resolution adopted and upon approval
by Mayor, assigned No. 25860.
74670 - Moved by Roehr, seconded by Burton that communication from Commun-
ity Developmen= Administrator, transmitting proposed resolution
providing for acceptance of permanent easement agreement for sum
of $2,155.00 for Stage III -D, Flood Control Project, be received,
placed on file and "A resolution authorizing the execution of a
permanent easement agreement by and between William M. Gibbons,
Trustee of the property of the Chicago, Rock Island and Pacific
Railroad Compaly, Debtor, as Trustee and not as an individual and
the City of Waterloo, Iowa, in connection with the local flood con-
trol project", adopted. Ayes: Five. Absent: Dowie and Hutchi-
son. Resolution adopted and upon approval by Mayor, assigned No.
25861.
74671 - Moved by Getty, seconded by Bowers 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:
July 17, 1978
74671 - (Continued)
Beer - Class C
Vern C. Ear y dba Vern's Fruit Market, 1011 Franklin Street
Hy -Vee Food Stores Inc. dba Hy -Vee Food Store #3, 2325 Crossroads
Center
Beer Liquor - Class C
Gordon E. Zurbriggen dba Seven Seas Lounge, 3927-3937'W. Airline
Hiway
Sunday Sales - Beer
Gass C
Vern C. Early dba Vern's Fruit Market, 1011 Franklin Street
Hy -Vee Food Stores, Inc., dba Hy -Vee Food Store #3, 2325 Crossroads
Center
Motion carried.
74672 - Moved by Wilharm, seconded by Getty that nine (9) applications for
permission to sell cigarettes at various locations in the City, be
received, placed on file, approved and permits granted. Motion
carried.
74673 - Moved by Bowers, seconded by Burton that the application of Virgil
Edward Willard, 515 Third Street, Evansdale, for taxicab driver's
permit, be received, placed on file and granted. Motion carried.
74674 - Moved by Getty, seconded by Roehr that applications of Debra Sanders,
545 Dawson Street, and Kera Lyn Shogren, 629 East Fourth Street, for
Massage Technician Permits, be received, placed on file and granted
subject to the requirements of ordinance governing same. Motion
carried.
74675 - Moved by Bowers, seconded by Burton that report of City Attorney and
list of bonds filed with Clerk through 7/17/78, be received, placed
on file and report and bonds approved. Motion carried.
74676 - Moved by Getty, seconded by Burton that the Council adjourn. Motion
carried.
Katherine Gibbs,
City Clerk
July 17, 1978