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HomeMy WebLinkAbout07/03/78July 3, 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 3, 1978. Mayor Pro Tem Roehr in the Chair. On roll call, Present: Bowers, Burton, Getty, Hutchison, Roehr, Wilharm. Absent: Dowie. Invocation by Councilman tililharm. 74560 - Moved by Bowers, seconded by Hutchison that the Agenda, as amended, for the Regular Session of July 3, 1978 at 7:00 P.M., be accepted and approved. Motion carried. 74561 - Moved by Wilharm, seconded by Hutchison that the Minutes of the Regular Session held June 26, 1975 at 7:00 P.M. and Special Session of June 28, 1978 at 4:00 P.M., be accepted and approved. Motion carried. 74562 - Moved by Wilharm, seconded by Bowers that proof of publication of notice of public hearing on proposal to vacate,sell and convey to Oran R. Wingler and Marcia J. Wingler a portion of unopened Willow Street located between Sally R -O -W line of Waterloo Railroad and E R -O -W line of Idaho Street, as published in Waterloo Courier on 6/16/78, for $542.90 plus costs, with City's retention of drainage easement, be received and placed on file. Motion carried. 74563 - This being the time for hearing, the Mayor Pro Tem called for written and oral objections, and the Clerk reported no written obj- ections had been filed. Oral objections were made by: Roth Bryant to closing off his property; Delman Bowers to blocking off access to his property; Owner of 10 acres between Bowers property to fire hazard, sparks from trains igniting dry field and no access for fire trucks. Oran Wingler spoke in support, citing open drainage ditch, two 30' dedicated easements coming off Idaho Street going into one Willow Street, trash dumped on his property. A discussion followed on building development plans, cost of con- structing crossing, access to properties, etc. Moved by Getty, seconded by Bufton that the hearing be, and the same is hereby closed, action deferred until July 10, 1978 at 7:00 P.M. in the Council Chambers in City Hall, and Plan and Program Commission instructed to present additional information on the properties. Motion carried. Councilman Bowers declined to vote by reason of possible conflict of interest under Section 362.6 of Code of Iowa. 74564 - Councilman Wilharm presented a petition from Richard and Kathie Steveson, 1822 Plymouth Avenue, et al, residents of 1700 and 1800 blocks, East Ridgeway Avenue, for denial of rezone request of Anita Andries for portion of Orange Park. Moved by Wilharm, seconded by Hutchison that above petition be received and placed on file. Motion carried. 74565 - Councilman Wilharm presented a petition from Bernard Hesse, et al, objecting 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. e; Moved by Wilharm, seconded by Hutchison that the above petition be received, placed on file and referred to the City Engineer with a report back on July 17th. Motion carried. 74566 - Councilman Wilharm presented a petition for a stop sign at SE" corner of Sioux Street at Terrace Drive. Moved by Wilharm, seconded by Hutchison that above petition be received, placed on file and referred to Quinton Parker with a report back on July 10th. Motion carried. 74567 - Moved by Burton, seconded by Wilharm that request of David Hersh- berger for Council on its own motion to rezone from "R-2" One and `o Family. Residence District to "C-2" Commercial District Lot 365 74567 - - 2 - (Continued) ``'N Kenwood Park Addition, north of Hawthorne Avenue between LaPorte Road and Wisconsin Street, and City Zoning Commission's recommendation for denial, be received, placed on file and request denied. Ayes: Bowers, Burton, Hutchison, Roehr, Wilharm. Nays: Getty. Absent: Dowie. Motion carried. 74568 - Moved by Getty, seconded by Wilharm that request of Waterloo Board of Park Commissioners for vacation of portion of Movilla Street in Section 33 -89N -13W, as shown on attached plat, for three diamond hard ball complex purposes, and Plan and Program Commission's recommendation for approval, be received, placed on file and "Resolution fixing the time -and place of hearing and notice to be given on vacation of a portion of Movilla Street as July 17, 1978 at 7:00 P.M. in Council Chambers in City Hall, and Clerk to publish notice of hearing", adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 25840. 74569 - Moved by Bowers, seconded by Hutchison that request from Knudson, Inc. for permission to construct two 21' commercial curb cuts for Kinder Care Building at 1318 Ravenwood Road, as shown on attached plat, and Acting 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 theretlith. Motion carried. 74570 - Moved by Bowers, seconded by Burton that request from Knudson, Inc. for permission to construct one 21' and one 24' commercial curb cuts for Kinder Care Building at 1108 Tiffany Place, as shown on attached plat, and Acting 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. 74571 - Moved by Hutchison, seconded by Getty that request from J. Dale Murphy, together with IDOT " Application for Approval to do Grading and Build Drainage Structures Incidental Thereto Within the State Road Right of Way", Form # 810028, for permission to grade highway shoulder and foreslope adjacent to Highway 412 and Sears Drive to blend with his property, as shown on attached sketch, and Acting Asst. City Engineer's recommendation for approval, be received, placed on file, approved, permission granted and Mayor authorized to sign said application. Motion carried. 74572 - Moved by Burton, seconded by Bowers that request from Schenk Engineering Company for James F. Jacobs and Quik Trip, together with IDOT Entrance Permit Application Form # 640004, for permission to construct one 30' Type B entrance on Highway 218 approximately 466.8' SEly from intersection of Cedar Terrace Drive, and another 30' commercial curb cut on Cedar Terrace Drive, as shown on attached plats, and Acting Asst. City Engineer's recommendation for approval, be received, placed on file, recommendation approved, permission granted in accordance therewith and Mayor authorized to sign said application. Motion carried. 74573 - Moved by Burton, seconded by Hutchison that request from Robinson Engineering Co. for Merle Elliott PUD, together with IDOT "Application for use of Highway Right of Way for Utilities Accomodation" Form # 810025, for sanitary sewer extension to serve Timothy Ridge Land Development for Shaulis Road, Sta. 601+73 to .618+15 along '.H �;hway 218, as shown on .attached plat.,_ and Acting Asst. City Engin-eer.'s recommendation for approval, be received, placed on file, approved, permission granted, and Mayor authorized to sign said application. Motion carried. 74574 - Moved by Getty, seconded by Hutchison that communication from Community Development Administrator, transmitting the following four Offers of Sale to the City of Waterloo certain real property and temporary construction easements for Widening of Ridgeway Avenue Project purposes, and recommending approval, be received, placed on file and "A resolution accepting and approving certain offers to sell real property to the City and accepting and approving certain deeds", adopted: 1.- Parcel Nos. 5, 5A (Temporary Construction Easement) 6, 7, 8, and 9 from John Deere Waterloo.Tractor Works, partial taking $52,600; 2.- Parcel No. 11 from Mark M. Hanna (Temporary Construction Easement Agreement); 3.- Parcel No. 12 from Iowa Public Service Company, partial taking $565; 4.- Parcel No. 15 from Waterloo Savings Bank, partial taking $26,400.00. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by July 3, 1978 - 3 - 74574 - (Continued) Mayor Pro Tem, assigned No. 25841. 74575 - Moved by Bowers, seconded by Burton that Agreement for Primary Road Extension Maintenance and Operation for period of July 1, 1978 to June 30, 1979 with Iowa Department of Transportation, and Acting City Engineer's recommendation for approval, be received, placed on file, approved and Mayor authorized and directed to execute same in behalf of the City of Waterloo. Motion carried. 74576 - Moved by Getty, seconded by Wilharm that Change Order No. 1 for Rennovation of Waterloo City Hall for Elderly and Handicapped, Contract No. B-40, for additional work by Chas. Mauser & Sons, Inc. for an additional cost of $79.84, and Community Development Administrator's recommendation for approval, be received, placed on file, approved and Mavor and Clerk authorized to execute same. Ayes: Six. Absent: Dowie. Motion carried. 74577 - Moved by Getty, seconded by Bowers that Change Order No. 1 for EDA F.Y. 1978 Paving Program, Contract No. 163, for additional work at an additional cost of $5,647. 00 by Irving F. Jensen Co., Inc. and Acting Asst - City Engineer's recommendation for approval, be received, placed on file, approved and Mayor and Clerk authorized to execute same. Ayes: Six. Absent: Dowie. Motion carried. 74578 - Moved by Getty, seconded by Wilharm that Change Orders No. 1, No. 2 and No. 3 for F.Y. 1978 Paving Program, Contract No. 162, for additional work by Cedar Valley Corporation at additional cost of $131.25, $220.00 and $833.63 respectively, and Acting Asst. City Engineer's recommendation for approval, be received, placed on file, approved and Mayor and Clerk authorized to execute same. Ayes: Six. Absent: Dowie. Motion carried. 74579 - Moved by Bowers, seconded by Burton that Change Order No. 5 for EDA Huntington Road Paving Project, Contract No. 164, for additional work by Cedar Valley Corporation at an additional cost of $750.00 and Community Development Administrator's recommendation for approval, be received, placed on file, approved and Mayor and Clerk authorized to execute same. Ayes: Bowers, Burton, Getty, Roehr, Wilharm. Nays: Hutchison. Absent: Dowie. Motion carried. 74580 - Moved by Getty, seconded by Hutchison that Final Plat of Airline - Burton Industrial Park, Deed of Dedication, Engineer's Certificate of Survey, Report of City Engineer, Contract and Waivers, 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 Airline -Burton Industrial Park, Waterloo, Black Hawk County, Iowa", adopted, and Mayor and Clerk authorized and directed to execute said Contract. Ayes: Bowers, Getty, Hutchison, Roehr, Wilharm. Nays: Burton. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 25842. 74581 - Moved by Burton, seconded by Wilharm that construction plans for sanitary sewerage facilities serving Hidden Cove, together with Treatment Agreement Form C 9/75 for Department of Environmental Quality, and Acting Asst. City Engineer's recommendation for approval subject to final acceptance of plans being reviewed and accepted by DEQ, be received, placed on file, recommendations approved, and Mayor and Clerk authorized to execute said Agreement Form. Motion carried. 74582 - Theola Jay of Mayor's Safety Committee briefly reported on problem of reserveH handicapped parking spaces being used by others and stated the procedure to follow was for handicapped person to obtain a form from the County Treasurer's Office, get doctor's signature, sign himself, obtain the permit from the State and hang permit on rear view mirror in car, which would qualify the handicapped person to park in the reserved space. Moved by Hutchison, seconded by Getty that "An Ordinance amending Ordinance No. 2644, known as the Traffic Ordinance of the City of Waterloo, Iowa, by adding Section 308, Handicapped Parking Spaces", be received, placed on file, considered and passed for the fir", -t time. Ayes: Six. Absent: Dowie. Motion carried. July 3, 1978 Z1 - 74583 - Moved by Wilharm, seconded by Getty that rules requiring ordinances to be considered and voted on for passage at two prior meetings, be suspended, the above ordinance recorded as having been considered and passed for the second and third times, and now placed on its final adoption. Ayes: Six. Absent: Dowie. :'lotion carried. 74584 - Moved by Burton, seconded by Hutchison that " An Ordinance amending Ordinance No. 2644, known as the Traffic Ordinance of the City of Waterloo, Iowa, by adding Section 308, Handicapped Parking Spaces", be adopted. Ayes: Six. Absent: Dowie. Ordinance adopted and upon approval by Mayor Pro Tem, assigned No. 2976. 74585 - Moved by Hutchison, seconded by Burton that "A resolution authorizing the condemnation of certain parcels of real property for the Flood Control Project", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 25843. 74586 - Moved by Bowers, seconded by Getty that communication from Superintendent of Water Pollution Control reporting Iowa Department of Environmental Quality is requiring the City of Waterloo to enter into treatment agreements with any major industries discharging waste to the WPC Plant, namely Chamberlain Corporation, John Deere Engine Works, John Deere Waterloo Tractor Works, Mississippi Valley Milk Producers Association, Waterloo Industries, and requesting that the Superintendent of Water Pollution Control be authorized to sign agreements in behalf of the City, be received, placed on file and "Resolution designating the Water Pollution Control Superintendent as authorized agent to execute treatment agreements with any major industries discharging waste to the Water Pollution Control Plant", adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 25844. 74587 - Moved by Getty, seconded by Hutchison that following request for permiss- ion to attend function, with expenses allowed not to exceed the amount shown, be received, placed on file and approved: Fire Chief to Missouri Valley Fire Chiefs Conference, Sioux Falls, S.D., July 19 thru 23, 1978, $215.00 plus use of city car. Ayes: Six. Absent: Dowie. Motion carried. 74588 - Moved by Burton, seconded by Bowers that application and bond of Strogo Realty Investments, Inc. dba Sager Estates Mobile Home Village, 1054 Mesa (park located at 1531 Sager Avenue), for City Permit to operate a Mobile Home Park, be received, placed on file and approved. Motion carried. 74589 - Moved by Getty, seconded by Hutchison that application, bond and fee of John Walton dba Walton Sign Company, 905 West Fifth Street, Storm Lake, Iowa for Sign Erector's License, under Sign Ordinance # 2447, as amended, be received, placed on file and license granted. Motion carried. 74590 - Moved by Bowers, seconded by Gp tty that the application of R. Daniel Grimes, 1021 Grove, Cedar Falls, for taxicab driver's permit, be received, placed on file and granted. Motion carried. 74591 - Moved by Bowers, seconded by Hutchison that following applications for Beer Permits and Beer and Liquor Licenses, be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer - Class C R&G Oil Company, Inc. dba R&G Service #10, 1020 Franklin Street Larry J. Wagner dba Reber Avenue Grocery, 600 Reber Avenue Harley A. Thompson and Lloyd K. Thompson dba Thompson' s Used Cars & Trucks, 2230 Independence Avenue Uban Oil Co. dba Logan Ave. Gas top , 2108 Logan Avenue Beer Liquor Class C Herbert P. Hunt dba Herb's Round Table Lounge, 1306 West 5th Street Cadillac Lanes, Inc., 650 LaPorte Road Sunday Sales - Beer Class C R&G Oil Company, Inc. dba R&G Service #10, 1020 Franklin Street Larry J. Wagner dba Reber Avenue Grocery, 600 Reber Avenue Harley Thompson and Lloyd Thompson, dba Thompson's Used Cars & Trucks, 2230 Independence Avenue. Sunday Sales Beer Liquor Class C H&F, Inc. of Waterloo dba The Hitc ing Post, 749 Rainbow Drive Herbert P. Hunt dba Herb's Round Table Lounge, 1306 West 5th Street 3aly 3, 1978 5 - 74591 - ( Continued ) Cadillac Lanes, Inc., 650 LaPorte Road Motion carried. 74592 - Moved by Getty, seconded by Hutchison that thirty - four (34) applications for permission to sell cigarettes at various locations in the City of Waterloo, be received, placed on file, approved and permits granted. Motion carried. 74593 - Moved by Bowers, seconded by Burton that report of City Attorney and list of bonds filed with Clerk through 7/3/78, be received, placed on file and report and bonds approved. Motion carried. 74594 - Moved by Burton, seconded by Hutchison that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk July 3, 19 '8