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Home My WebLink About03/27/78March 27, 1978 The Council of City of Waterloo, Iowa, met in Regular Session in the Large Courtroom in the City Hall at 7:00 P.M. on March 27, 1978. Mayor Rooff in the Chair. On roll call, Present: Bowers, Burton, Dowie, Getty, Hutchison, Roehr, Wilharm. Absent: None. Invocation by Councilman Getty. 73856 - Moved by Roehr, seconded by Bowers that the Agenda, as amended, for the Regular Session of March 27, 1978 at 7:00 P.M., be accepted and approved. Motion carried. 73857 - Moved by Hutchison, seconded by Dowie that the Minutes of the Regu- lar Session held March 20, 1978 at 7:00 P.M., be approved. Motion carried. 73858 - Under Council Action #73777 of 3/13/78 the item of "percentage of assessment to be funded by the City on the paving and neighborhood housing programs" was ordered placed on this agenda. Mayor Rooff stated that the seven streets, Garden Avenue, Robin Road, Wren Road, Lark Lane, East Arlington Street, East Louise Street, Chalmer Avenue, were 25% funded in the Third Year Block Grant Program and would not be discussed, and only the Fourth Year level was to be considered. Geneva Hughes, 246 Jackson Street, requested 100% funding for Jackson Street; Marguerite Van Arsdale proposed Fourth Year Block Grant pav- ing not be assessed; Leone Brant and others displayed flashcards supporting 100% funding. Larry Kane, 2001 Robin Road, was informed the City normally picked up 25% of the assessment but in this case the City pays 45% and the property owner pays 55% of total cost. Lawrence Hare, 200 Bertch Avenue, was told Martha Street was in the next regular paving program. Moved by Burton, seconded by Hutchison that one-third (1/3) of the total project cost on the 1979 Fourth Year Block Grant Paving Pro- gram be assessed to the property owners and the balance be paid by the City of Waterloo and Block Grant funds. Ayes: Bowers, Burton, Dowie, Hutchison, Wilharm. Nay: Getty and Roehr. Motion carried. 73859 - Moved by Getty, seconded by Roehr that the Council adjourn to the Council Chambers. Motion carried. 73860 - RECONVENED AT 8:06 P.M. Mayor Rooff stated several Council Members were desirous of delaying action on the neighborhood housing program for more information. Moved by Burton, seconded by Bowers that action on the neighborhood housing program be deferred until April 10, 1978. Motion carried. 73861 - Moved by Roehr, seconded by Dowie that proof of publication of notice of public hearing on site plan for Gas Light Mobile Home Park Expan- sion located on West Airline Hiway, upon Plan and Program Commission's recommendation and Council's own motion, as published in Waterloo Courier on 3/10/78, be received and placed on file. Motion carried. 73862 - This being the time for hearing, the Mayor called for oral and writ- ten objections, and there were none. Moved by Dowie, seconded by Wilharm that "Resolution approving site plan for Gas Light Mobile Home Park Expansion on West Airline Hiway", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25642. 73863 - Richard Meyer presented a paving petition for Lobdell Road between Castle Street and Rainbow Drive. Moved by Roehr, seconded by Burton that the above petition be received, placed on file and referred to the City Engineer. Motion carried. 73864 - Councilman Burton presented a letter from Dennis Hunt, 1128 Byron Avenue, reporting the unsightly yard of a wrecker company on West -IN 73864 - (Continued) - 2 - Fifth Street, and careless garbage handling. Moved by Burton, seconded by Bowers that the above letter be received and placed on file. Motion carried. 73865 - Moved by Hutchison, seconded by Getty that request of Mack Gable for Council on its own motion to rezone from "R-4" Multiple Residence District to "C-2" Commercial District All of Lots 2 and 3 in Hallocks Plat of Outlots, located SE of West Ninth Street and SW of Washington Street, for Quik Trip store purposes, as shown on attached plat, and City Zoning Commission's recommendation for approval, be received, placed on file, recommendations approved, date of hearing set as April 17, 1978, at 7:00 P.M. and Clerk instructed to publish notice. Motion carried. 73866 - Moved by Roehr, seconded by Burton that request of City Zoning Com- mission for Council on its own motion to rezone from "U-1" Unclassi- fied District to "R-2" One and Two Family Residence District approx- imately 58 acres, being All of Hollywood Addition and part of Lewis Miller's Small Farms lying South of centerline of Campbell Avenue and its Westerly extension, located West of Ansborough Avenue and Northwesterly of U.S. Highway No. 63, for removal from Flood Plain purposes, as shown on attached plat, and City Zoning Commission's recommendation for approval, be received, placed on file, recommenda- tion approved, date of hearing set as April 17, 1978, at 7:00 P.M. and Clerk instructed to publish notice. Motion carried. 73867 - Moved by Dowie, seconded by Burton that communication from Plan and Program Commission, reporting the City of Waterloo is desirous of establishing a 15' utility easement along the Wly property line of the City's Turnkey Elderly Housing Project at 225 West Ridgeway Avenue for purpose of allowing Iowa Public Service access for con- struction of utility services, as shown on attached plat and legally described in Exhibit "A", and recommending approval, be received, placed on file and "Resolution fixing the date, time and place of hearing on proposal to convey an Easement to Iowa Public Service Com- pany for utility purposes along the Wly property line of City's Turnkey Elderly Housing Project at 225 West Ridgeway Avenue", adopted and date of hearing set as April 17, 1978. Ayes: Seven. Resolu- tion adopted and upon approval by Mayor, assigned No. 25643. 73868 - Moved by Bowers, seconded by Hutchison that request of Elizabeth A. Walbaum for permission to construct a temporary concrete driveway at 2051 Rainbow Drive 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 Elizabeth A. Walbaum and authorizing construction of a temporary concrete driveway at 2051 Rainbow Drive irrespective of a later official grade", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25644. 73869 - Moved by Getty, seconded by Bowers that the Financial Report of the Board of Waterloo Water Works Trustees for the year ending December 31, 1977, be received, placed on file and tabled until April 3, 1978. Motion carried. 73870 - Under Council Action #73794 of 3/13/78, action was deferred on City storm sewer participation in Sub -Divisions. Councilman Roehr emphasized this was a policy and could be deviated from if conditions warranted. Moved by Dowie, seconded by Roehr that the communication from Young Development Company supporting City payment of oversize pipe costs when required for storm sewer drainage purposes, be received, placed on file, the City Engineer's recommendations for policy on City's participation on storm sewer cost sharing in Sub -Divisions submit- ted under Council Action #73794 of 3/13/78 accepted, with Sturdy Ad- dition and Hammond Fifth Addition not included, with action deferred on said Additions for one week. Motion carried. - 3 73871 - Moved by Bowers, seconded by Dowie that Abstract of Election Report of Official Count by Black Hawk County Board of Supervisors as Board of Canvassers of ballots cast at Special Election for granting Ameri- can Cablevision of Waterloo, Inc. a franchise, held on March 14, 1978, and declaration of results, submitted by Black Hawk County Commissioner of Election, be received and placed on file. Motion carried. 73872 - Under Council Action #73836 of 3/20/78 action was deferred on the Revised Fiscal Year 1978 Operating Budget for Low Rent Housing Pro- jects IA 50-1 and 2, ending 6/30/78, as submitted by the Waterloo Chamber of Commerce. Moved by Roehr, seconded by Bowers that "A resolution of City Council of City of Waterloo, Iowa, approving and confirming the Revised Fis- cal Year 1978 Operating Budget for Low Rent Housing Projects IA 50-1 and 2, said Budget being for a 12 month period", be adopted. Ayes: Bowers, Burton, Dowie, Getty, Hutchison, Roehr. Nay: Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 25640. 73873 - Moved by Roehr, seconded by Getty that the Revised Annual Contribu- tions Contract for federal funding to the City for existing public housing, submitted by Waterloo Chamber of Commerce, be received, placed on file and "Resolution authorizing execution of Annual Contributions Contract", adopted. Ayes: Bowers, Burton, Dowie, Get- ty, Hutchison, Roehr. Nay: Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 25641. 73874 - Moved by Bowers, seconded by Hutchison that the three communications from Plan and Program Director, transmitting the following three Permanent Easements for construction and maintenance of a storm drainage facility on Independence Avenue, and recommending approval, be received, placed on file, approved and accepted, and the Clerk instructed to have same recorded: Lena Loomis Nerge and Edwin A. Nerge, dated 3/20/78; Gary L. Rizner and Julie K. Rizner, dated 3/13/78; Kenneth J. and Myrtle J. Kurtenbach, dated 3/21/78; Motion carried. 73875 - Moved by Bowers, seconded by Wilharm that communication from Plan and Program Director, transmitting a Quit Claim Deed dated 3/20/78 from Edward H. Wilson and Susan M. Wilson, be received, placed on file and "Resolution approving and accepting a Quit Claim Deed from Edward H. Wilson and Susan M. Wilson conveying unto the City 17' of additional right-of-way on NW side of West Fourth Street in Section 5 -88N -13W, and directing the recording of same", adopted. Ayes: Seven. Reso- lution adopted and upon approval by Mayor, assigned No. 25645. 73876 - Moved by Dowie, seconded by Burton that Engineering Contract dated 3/27/78 with Brice, Petrides & Associates, Inc. for Drainage Struct- ure Replacement for Martin Road and Cedar Terrace Drive, and City Engineer's recommendation for approval, be received, placed on file, and "Resolution approving the Engineering Contract with Brice, Pet- rides & Associates, Inc. for Drainage Structure Replacement for Martin Road and Cedar Terrace Drive, and directing execution of said contract by Mayor and Clerk", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25646. 73877 - Moved by Roehr, seconded by Bowers that communication from Community Development Administrator, transmitting the Offer of Sale dated 3/21/ 78 from Walter W. Barritt and Geraldine Barritt to the City of Water- loo certain real property known as Parcel No. 2, 2949 Gram Court, for the sum of $2,000 for right-of-way to widen West Ridgeway Avenue pur- poses, be received, placed on file and "A resolution accepting and approving certain offers to sell real properties to the City and accepting and approving certain deeds", adopted. Ayes: Seven. Res- olution adopted and upon approval by Mayor, assigned No. 25647. March 27, 1978 - 4 - 73878 - Moved by Bowers, seconded by Burton that Preliminary Plat of DuBois Subdivision with Report of City Engineer, Plan and Program Commis- sion's resolution of approval and recommendation for Council approv- al, be received, placed on file and "Resolution approving the Pre- liminary Plat of DuBois Subdivision, Waterloo, Black Hawk County, Iowa", adopted. Ayes: Seven. Resolution adopted and upon approv- al by Mayor, assigned No. 25648. 73879 - Moved by Roehr, seconded by Dowie that Final Plat of Tower Hills Addition with Engineer's Certificate of Survey, Declaration of Cov- enants, Conditions and Restrictions, Contract and Waiver, Report of City Engineer, Plan and Program Commission's resolution of approv- al and recommendation for Council approval, be received, placed on file, approved and "Resolution approving the Final Plat of Tower Hills Addition, Waterloo, Black Hawk County, Iowa", adopted, and Mayor and Clerk authorized to execute said Contract. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25649. 73880 - Moved by Dowie, seconded by Hutchison that construction plans for sanitary sewerage facilities serving Tower Hills Addition, together with Treatment Agreement Form C 9/75 for Department of Environmental Quality, and City Engineer's recommendations 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, 73881 - Moved by Bowers, seconded by Burton that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 140 to Section 2A-5, rezoning certain property", be received, placed on file, con- sidered and the rules requiring ordinances to be considered and voted on for passage at two prior meetings, be suspended, the above ordin- ance recorded as having been considered and passed for the second and third times, and now placed on its final adoption. Ayes: Seven. Motion carried. 73882 - Moved by Wilharm, seconded by Bowers that "An Ordinance amending Or- dinance No. 2479, as amended, by adding Sub -Section No. 140 to Sect- ion 2A-5, rezoning certain property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2957. 73883 - Moved by Getty, seconded by Burton that "An Ordinance regulating the collection and disposal of waste matter, to be cited as the "Litter Control Ordinance", be received, placed on file, considered and passed for the third time. Ayes: Seven. Motion carried. 73884 - Moved by Roehr, seconded by Getty that "An Ordinance regulating the collection and disposal of waste matter, to be cited as the "Litter Control Ordinance", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2958. 73885 - Moved by Dowie, seconded by Getty that "Ordinance vacating W 2 of alley lying adjacent to Lots 8, 9 and 10 and EZ of alley lying ad- jacent to Lots 13, 14 and 15, Block 24, Hagerman Place", be received, placed on file, considered and the rules requiring ordinances to be considered and voted on for passage at two prior meetings, be suspend- ed, the above ordinance recorded as having been considered and passed for the second and third times, and now placed on its final adoption. Ayes: Seven. Motion carried. 73886 - Moved by Dowie, seconded by Getty that "Ordinance vacating W2 of al- ley lying adjacent to Lots 8, 9 and 10 and E2 of alley lying adjacent to Lots 13, 14 and 15, Block 24, Hagerman Place", be adopted, with City retention of a utility easement and subject to certain stipula- tions. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2959. 73887 - Moved by Dowie, seconded by Burton that "Resolution authorizing the sale and conveyance of W2 of alley lying adjacent to Lots 8, 9 and 10 and E2 of alley lying adjacent to Lots 13, 14 and 15, Block 24, Hager- man Place with City's retention of a utility easement and subject to certain stipulations", be adopted. Ay Resolution adopted and upon approval by Mayor, assigned o. 25650. *. March 27, 1978 , I.N ON - 5 - 73888 - Moved by Dowie, seconded by Hutchison that "A resolution establish- ing the Municipal Tennis Improvement Fund of the City of Waterloo, Iowa", be adopted. Ayes: Dowie and Hutchison. Nay: Bowers, Burton, Getty, Roehr, Wilharm. Motion not carried. 73889 - Moved by Getty, seconded by Roehr that "Resolution, Bills", be a- dopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25651. 73890 - Moved by Burton, seconded by Roehr that Completion Report of City Engineer for Contract No. 157, be received, placed on file and "Resolution approving the Completion Report as to work and mater- ials furnished by Cedar Valley Corporation for F.Y. 1977 Paving Program, Contract No. 157, and authorizing payment in full accord- ingly", adopted. Ayes: Seven. Resolution adopted and upon ap- proval by Mayor, assigned No. 25652. 73891 - Moved by Bowers, seconded by Dowie that City Engineer's Certificate of Completion and Recommendation of Acceptance for F.Y. 1977 Paving and Underground Program, Contract No. 157, be received, placed on file, approved and accepted. Motion carried. 73892 - Moved by Roehr, seconded by Bowers that "Resolution accepting work and ordering preparation of final plat and schedule of assessments for F.Y. 1977 Paving Program, Contract No. 157", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25653. 73893 - Moved by Dowie, seconded by Burton that the Engineers' Final Plat and Schedule of Assessments, etc. for the F.Y. 1977 Paving Program, Contract No. 157, be received and placed on file. Motion carried. 73894 - Moved by Getty, seconded by Bowers that "Resolution adopting and levying final schedule of assessments, and providing for the pay- ment thereof for F.Y. 1977 Paving Program, Contract No. 157", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25654. 73895 - Moved by Roehr, seconded by Dowie that communication from City Zoning Commission, reporting an error in the legal description in the rezone from "A-1" Agricultural District to "R-1" One and Two Family Residence District of 22 acres of land in Section 1 -89N -12W, North of East Airline Hiway and East of Logan Avenue, as shown on attached plat, resubmitting the request from Forrest Bentley and Carol Jean Bentley, and recommending approval, be received, placed on file, recommendation approved, date of hearing set as April 17, 1978 at:17-:00 P.M. and Clerk instructed to publish notice. Motion carried. 73896 - Moved by Burton, seconded by Hutchison that the following requests for permission to attend functions, with expenses not to exceed amounts shown, be received, placed on file and approved: Systems Project Engineer to Effective Systems Design Course, Des Moines, Iowa April 9 thru 14, 1978, $720.00; Zoning Commissioner and Asst. City Planner to Annual American Soc- iety of Planning Officials meeting, Indianapolis, Indiana, April 29 thru May 4, 1978, $335.00 each plus use of City car; Plan and Program Commissioner and Asst. Planning Director to Annual American Society of Planning Officials meeting, Indianapolis, Indi- ana, April 29 thru May 4, 1978, $335.00 each plus use of City car; Water Pollution Control Plant Superintendent and Assistant to Iowa Wastewater Short Course, Iowa City, Iowa, April 11 and 12, 1978, $101.00 each plus $27.30 milage. Ayes: Seven. Motion carried. March 27, 1978 73897 - Moved by Dowie, seconded by Burton that application, bond and fee of Robert McDonald dba Bob's Sales and Service, 3304 Covina Drive #106, for Sign Erector's and Maintenance License, under Sign Ord- inance No. 2447, as amended, be received, placed on file and license granted. Motion carried. 73898 - Moved by Bowers, seconded by Dowie that the following applications for Beer Permits and Beer Liquor Licenses, be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer Permits Cl -ass C Pester Derby Oil Company, 220 Concrete Street Clute's Market, Inc. dba Clutes Market, 1657 Falls Avenue Clute's Highland Market, Inc., 909 Independence Avenue Beer Liquor Licenses Class C Broadway Pete's Corp. dba Broadway Pete's Lounge, 504 Sycamore Street Billiards Pocket Lounge, Inc. dba Corner Pocket Billiard Lounge, 3295 University Avenue Sunday Sales - Beer Permits Clas s C Pester Derby Oil Company dba Pester Derby, 220 Concrete Street Clute's Market, Inc. dba Clutes Market, 1657 Falls Avenue Clute's Highland Market, Inc., 909 Independence Avenue Sunday Sales - Beer Liquor License - Class C Billiards Pocket Lounge, Inc. dba Corner Pocket Billiard Lounge, 3295 University Avenue Motion carried. 73899 - Moved by Roehr, seconded by Hutchison that the application of Wil- liam Eugene Hicks, 1313 Starbeck Circle, Cedar Falls, for a taxi- cab driver's permit, be received, placed on file and granted. Motion carried. 73900 - Moved by Getty, seconded by Wilharm that the following applications for permission to sell cigarettes at locations designated, be re- ceived, placed on file and granted: Dorothy L. Mueller dba Western Lounge, 319 West Fourth Street SkyVue Drive -In Theatre, 2230 Independence Avenue Motion carried. 73901 - Moved by Hutchison, seconded by Wilharm that the application of Joseph D. McFarland dba Welcome Inn, 901 Sycamore Street, for a dance license, be received, placed on file and granted. Motion carried. 73902 - Moved by Burton, seconded by Wilharm that Rubble Disposal Bond in the amount of $1,000 from Stoddard Manufacturing Co., Inc., for operation of a private land fill in Section 3, Range 13, County Road H (Wagner Road ), in accordance with the bond, be received, placed on file, approved and permission granted. Motion carried. 73°03 - Moved by Getty, seconded by Hutchison that report of City Attorney and list of bonds filed with Clerk through 3/27/78, be received, placed on file and report and bonds approved. Motion carried. 73904 - Moved by Bowers, seconded by Burton that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk March 27, 1978