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HomeMy WebLinkAboutMinutes-02/27/1978February 27, 1978 The Council of City of Waterloo, Iowa, met in Regular Session in Council Chambers in City Hall at 7:00 P.M. on February 27, 1978. Mayor Rooff in the Chair. On roll call, Present: Bowers, Burton, Getty, Hutchison, Roehr, Wilharm. Absent: Dowie. Invocation by Councilman Getty. 73675 - Moved by Roehr, seconded by Wilharm that the Agenda, as proposed, for the Regular Session of February 27, 1978 at 7:00 P.M., be accepted and approved. Motion carried. 73676 - Moved by Getty, seconded by Wilharm that the Minutes of the Regular Session held February 20, 1978 at 7:00 P.M., be approved. Motion carried. 73677 - Mayor Rooff reported to a large group of Council on Aging people that the City Council has authorized him to find more money for them, he didn't know where but the City would do as much as it could, they would get more money, and he would know more after the first budget hearing scheduled for Thursday, March 2, 1978 at 7:00 P.M. 73678 - Moved by Burton, seconded by Bowers that proof of publication of notice of public hearing to sell Disposal Parcel No. I-28, 83 Syca- more Street, in Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, as published in Waterloo Courier on January 26, 1978, to Archie Leon Dabney, be received and placed on file. Motion carried. 73679 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Roehr, seconded by Burton that A resolution approving the sale of Disposal Parcel No. I-28 in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, and authorizing the execution of the necessary contract for sale of land for private redevelop- ment and deed", be adopted. Ayes: Six. Absent: Dowie. Resolu- tion adopted and upon approval by Mayor, assigned No. 25599. 73680 - Moved by Wilharm, seconded by Roehr that the communication from the Sign and Traffic Department and Finance Committee reporting the fol- lowing bids and recommending acceptance of the total bid of Vogel Paint and Wax Co., Inc., Orange City, Iowa, be received, placed on file, approved and bid of Vogel Paint and Wax Co., Inc. accepted and issuance of purchase order and warrant authorized: White Paint Yellow Paint Thinner Bidder Per Gal. Per Gal. Per Gal. Cook Paint Co $5.22 $6.65 $2.60 Morris Paint Co. 6.25 5.35 1.38 Vogel Paint and Wax Co., Inc. 4.09 4.60 1.48 Ayes: Six. Absent: Dowie. Motion carried. 73681 - Glenda Mabrey, Chairman of the Black Hawk County Council on Aging, pointed out that 11,270 or 65% of the county's elderly, lived in Waterloo, that $55,000 non-federal cash was needed from the cities to provide the services to the elderly, and $35,750 was Waterloo's share, the full amount was now being requested, and asked when they would know the amount allocated. Mayor Rooff stated the amount would be known before the budget hearing Thursday night, that the problem was where to get it and how much there was no problem with Council's acceptance. Miss Mabrey said they would reappeal if the amount was not sufficient. Moved by Wilharm, seconded by Burton that the above request for funds, be received and placed on file. Motion carried. 73682 - Geneva Hughes requested the 1978 paving hearing be held in larger quarters and at least one week public notice be given. Moved by Roehr, seconded by Burton that the above request be re- ceived and placed on file. Motion carried. - 2 - 73683 - Moved by Bowers, seconded by Getty that application of Everett H. Scott and Ray A. Larson, and Iowa Department of Transportation "Agreement for Revision of Access" Form 3600, with plat attached, for permission to widen the existing driveway to 30' at 1974 Franklin Street (temporary address) along U.S. 20 at Sta. 1000+76, and City Engineer's recommendation for approval subject to the provisions of his letter, be recei-red, placed on file, approved and Mayor authorized to sign said application for City. Motion carried. 73684 - Moved by Roehr, seconded by Wilharm that request from Roger C. Neebel Construction Inc. for permission to construct one 24' commercial curb cut to serve 1237 and 1243 Ravenwood Road, as shown on attached plat, and City Engineer's recommendation for approval subject to the pro- visions of his letter, be received, placed on file, recommendations approved and permission granted in accordance therewith. Motion carried. 73685 - Moved by Bowers, seconded by Hutchison that request from Tom Kies, for Council on its own motion to rezone from "A-1" Agricultural Dis- trict to "M-1" Light Industrial District approximately 19 acres of land in Section 20 -89N -12W, South of Newell Street, North of C.N.W. RR right-of-way and one mile East of Idaho Street, for tractor stor- age and loading purposes, and Plan and Program Commission's recom- mendation for approval, be received, placed on file, recommendation approved, date of hearing set as March 20, 1978 at 7:00 P.M. and Clerk instructed to publish notice. Motion carried. 73686 - Moved by Roehr, seconded by Bowers that request from Forrest Bentley and Carol Jean Bentley, 549 East Airline Hiway, for Council on its own motion to rezone from "A-1" Agricultural District to "R-1" One and Two Family Residence District approximately 22 acres of land in Section 1 -89N -12W, North of East Airline Hiway and East of Logan Avenue, as shown on attached plat, for single family residence pur- poses, and Plan and Program Commission's recommendation for approval, be received, placed on file, recommendation approved, date of hear- ing set as March 20, 1978 at 7:00 P.M. and Clerk instructed to publish notice. Motion carried. 73687 - Moved by Roehr, seconded by Burton that request of Waterloo Park Department for vacation of Summer Lane from North right-of-way line of Grand Boulevard to South right-of-way line of Four Seasons Drive, Cliffdale Heights, and Plan and Program Commission's recommendation for approval with sale and conveyance of that portion lying adjacent to Lot 22, Cliffdale Heights, to James F. and Virginia E. Nicholas for $340.00 plus cost and that portion lying adjacent to Lot 23, Cliffdale Heights to the Waterloo Board of Park Commissioners for $1.00 plus other valuable considerations, be received, placed on file and "Resolution fixing the time and place of hearing as March 20, 1978 in City Hall on proposal to vacate, sell and convey Summer Lane to James F. and Virginia E. Nicholas and the Waterloo Board of Park Commissioners", adopted and Clerk instructed to publish notice of hearing. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 25600. 73688 - Moved by Hutchison, seconded by Burton that request of JU-LI Corpora- tion, Cedar Rapids, Iowa, for vacation, sale and conveyance of Wk of alley lying adjacent to Lots 8, 9 and 10 and EZ of alley lying adjacent to Lots 13, 14 and 15, Block 24, Hagerman Place, for $192.00 plus costs, together with approval petition of property own- ers having access from said alley, and Plan and Program Commission's recommendation for approval subject to certain stipulations, subject to City's retention of a utility easement over that portion to be vacated, be received, placed on file and "Resolution fixing the time and place of hearing as March 20, 1978 in the City Hall on proposal to vacate, sell and convey certain parts of alley in Block 24, Hagerman Place", adopted and Clerk instructed to publish notice of hearing. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 25601. February 27, 1978 ..N - 3 - "IN 73689 - Moved by Getty, seconded by Bowers that report of City Attorney on vacation, sale and conveyance of part of Dearborn Avenue to Joseph C. Roethler (see Council Action #73666 of 2/20/78), be received and placed on file. Motion carried. 73690 - Moved by Roehr, seconded by Hutchison that report of Plan and Program Commission on the request of Hawkeye Institute of Technol- ogy for City of Waterloo to annex the SZ of SE4 of Section 14 -88N - 13W at the NW corner of intersection of Hess Road and Orange Road, and recommendation for approval, be received and placed on file. Motion carried. 73691 - Mayor Rooff called for oral or written objections and there being none, read the proposed resolution of annexation. Moved by Roehr, seconded by Hutchison that "Resolution annexing real property known as the South One -Half (2) of the Southeast Quar- ter (4) of Section Fourteen (14), Township Eighty-eight (88) North, Range Thirteen (13) West of the Fifth (5th) Principal Meridian, Black Hawk County, Iowa, to the City of Waterloo, Iowa", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 25602. 73692 - Moved by Getty, seconded by Hutchison that communication from City Plan and Program Commission, transmitting a site plan for Elliott Planned Unit Development, Phase I, located on U.S. Highway 218 and South of East Shaulis Road, and recommending approval, and on Coun- cil's own motion, be received, placed on file, approved and date of hearing set as March 20, 1978 at 7:00 P.M. in City Hall and Clerk instructed to publish notice. Motion carried. 73693 - Moved by Bowers, seconded by Burton that communication from City Plan and Program Commission, transmitting a site plan for Long John Silver's Seafood Shoppe to be located on corner of Penneys Street and Crossroads Boulevard at Crossroads Shopping Center, and recommending approval, and on Council's own motion, be received, placed on file, approved and date of hearing set as March 20, 1978 at 7:00 P.M. in City Hall and Clerk instructed to publish notice. Motion carried. 73694 - Moved by Roehr, seconded by Bowers that communication from City Plan and Program Commission, transmitting a site plan for ASCS Office to be located within the Elliott Planned Unit Development, Phase I, located on U.S. Highway 218 and South of East Shaulis Road, and recommending approval, and on Council's own motion, be received, placed on file, approved and date of hearing set as March 20, 1978 at 7:00 P.M. in City Hall and Clerk instructed to publish notice. Motion carried. 73695 - Moved by Hutchison, seconded by Getty that communication from City Plan and Program Commission, transmitting a site plan for an ex- pansion to the Electronics Building located at Hawkeye Institute of Technology, and recommending approval, and on Council's own motion, be received, placed on file, approved and date of hearing set as March 20, 1978 at 7:00 P.M. in City Hall and Clerk instructed to publish notice. Motion carried. 73696 - Moved by Bowers, seconded by Getty that communication from City Plan and Program Commission, transmitting a site plan for Quail Val- ley, an "R -P" Development located on West Fourth Street and South of West Ridgeway Avenue, and recommending approval, and on Council's own motion, be received, placed on file, approved and date of hear- ing set as March 20, 1978 at 7:00 P.M. in City Hall and Clerk in- structed to publish notice. Motion carried. 73697 - Moved by Getty, seconded by Hutchison that communication from City Plan and Program Commission, transmitting a preliminary plat and site plan for Tower Hill Addition located between U.S. Highway #218 and Carriage Hill Drive, and recommending approval, and on Council's own motion, be received, placed on file, approved and date of hearing set as March 20, 1978 at 7:00 P.M. in City Hall and Clerk instructed to publish notice. Motion carried. February 27, 1978 - 4 - 73698 - Moved by Roehr, seconded by Bowers that construction plans for sanitary sewerage facilities serving Hammond Hills Fifth Addition, together with Treatment Agreement for Department of Environmental Quality, and 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. Motion carried. 73699 - City's policy on the responsibility for payment of costs for sani- tary sewer extensions into adjacent property was discussed. Plan and Program Commission recommended that the following City policy be established: "When a residential development is required to provide sanitary sewer stub -ins into an adjacent property which may be developed in the future, and further, which does not provide service to the lots within the respective residential subdivision being developed, the City may assume the cost of these improvements. However, when the adjacent property becomes developed the developer of that pro- perty shall reimburse the City for the cost of said stub -in improve- ments." Moved by Roehr, seconded by Bowers that the above recommendation of the Plan and Program Commission, be received, placed on file, approved and said City policy established strictly on the sanitary sewer system. Ayes: Bowers, Burton, Getty, Roehr, Wilharm. Nay: Hutchison. Absent: Dowie. Motion carried, 73700 - Moved by Bowers, seconded by Burton that construction plans for sanitary sewerage facilities serving Sturdy Addition, together with Treatment Agreement for Department of Environmental Quality, and City Engineer's recommendation for approval subject to final accept- ance of plans being reviewed and accepted by DEQ, be received, placed on file, recommendations approved and Mayor and Clerk authorized to execute said Agreement. Motion carried. 73701 - Moved by Roehr, seconded by Hutchison that Preliminary Plat of Mary Subdivision with Deed of Dedication, report of City Engineer, Plan and Program Commission's resolution of approval and it's recommenda- tion for Council approval, be received, placed on file and "Resolu- tion approving the Preliminary Plat of Mary Subdivision, Waterloo, Black Hawk County, Iowa", adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 25603. 73702 - Moved by Burton, seconded by Bowers that communication from Commun- ity Development Administrator, transmitting a Permanent Easement Agreement dated February 27, 1978 from Riverfront Commission of the City of Waterloo, Iowa, in connection with Stage III -D of local Flood Protection Project, and recommending approval, be re- ceived, placed on file, approved and "A resolution authorizing the execution of an Easement Agreement with the Waterloo Riverfront Commission of the City of Waterloo, Iowa, in connection with the local Flood Control Project", adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 25604. 73703 - Moved by Getty, seconded by Hutchison that Construction Permit No. 78-206-S for Sanitary Sewer Extension for Triangle Terrace from Iowa Department of Environmental Quality, subject to certain con- ditions and requirements, be received and placed on file. Motion carried. 73704 - Mayor Rooff and Councilman Burton suggested the following changes in the regulatory cable t.v. ordinance: Section 2. Line 4. - Strike "Waterloo Cablevision, Inc." and sub- stitute therefor "any holder of a franchise to operate a cable tele- vision system". Section 37. Line 4. - Strike "of the publication of this ordinance" and insert "after voter approval of grantee's franchise ordinance". Section 24. Caption - Strike "Waterloo School District" and insert "schools". ,�1*N ,.N - 5 - 73704 - (Continued) Section 24. (b) Line 2. - Strike "Waterloo School District" and in- sert in lieu thereof "Waterloo public and parochial schools". Section 24. (f) Line 1 - Insert after Waterloo Community School Dis- trict the words "and/or parochial schools". Moved by Roehr, seconded by Hutchison that the above changes be re- ceived, placed on file and incorporated into the "Ordinance regulat- ing Cable Television" and said Ordinance with the changes passed for the first time. Ayes: Six. Absent: Dowie. Motion carried. 73705 - Moved by Getty, seconded by Hutchison that the rules requiring ordin- ances to be considered and voted on for passage at two prior meet- ings, 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. Motion carried. 73706 - Moved by Bowers, seconded by Hutchison that "Ordinance regulating Cable Television", be adopted. Ayes: Six. Absent: Dowie. Ordin- ance adopted and upon approval by Mayor, assigned No. 2949. 73707 - Moved by Roehr, seconded by Hutchison that "Resolution transferring from the Sewer Rental Fund the sum of Twenty Four Thousand One Hun- dred Seventy Four Dollars ($24,174.00) to the Debt Service Fund", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 25605. 73708 - Moved by Hutchison, seconded by Getty that "Resolution transferring from the Federal Revenue Sharing Fund the sum of Ninety One Thousand Dollars ($91,000.00) to the Debt Service Fund", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 25606. 73709 - Moved by Bowers, seconded by Burton that "Resolution transferring from the Road Use Tax Fund the sum of Four Hundred Twenty -Six Thous- and Three Hundred Ninety -Two Dollars ($426,392.00) to the Debt Ser- vice Fund", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 25607. 73710 - Moved by Getty, seconded by Roehr that statement for engineering services for Contract No. 157, and City Engineer's recommendation for approval, be received, placed on file and "Resolution accepting the statement dated 1/31/78 from Wayne Claassen Engineering & Sur- veying, Inc. for engineering services for F.Y. 1977 Paving Program, Contract No. 157, and authorizing payment accordingly", adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 25608. 73711 - Moved by Getty, seconded by Wilharm that "Resolution, Bills", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 25609. 73712 - Moved by Bowers, seconded by Burton that communication from Mayor Rooff, submitting for Council approval the appointment of Ted J. Anderson, 1686 Oakwood Drive, to the McElroy Auditorium and Conway Civic Center Board, to fill a vacancy, with term to expire July 1, 1978. Motion carried. 73713 - Moved by Roehr, seconded by Getty that communication from City En- gineer, transmitting one Petition and Waiver request from Bruce P. Radue for sanitary sewer to serve 749 West Airline Hiway, and recommending approval with cost to be assessed, be received, placed on file, recommendations approved and City Engineer instructed to proceed accordingly. Motion carried. 73714 - Moved by Burton, seconded by Bowers that "Resolution approving Pe- tition and Waiver for sanitary sewer to serve property at 749 West Airline Hiway under FY 1978 Sanitary Sewer Program #1, Contract No. 190", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 25610. February 27, 1978 - 6 - 73715 - Moved by Bowers, seconded by Hutchison that "Resolution of Necessity for the sanitary sewer to serve 749 West Airline Hiway under FY 1978 Sanitary Sewer Program #1, Contract No. 190, ordering construct- ion of said project, approving preliminary plat and schedule of assessment and estimate of cost, approval of plans, specifications, form of contract, and final estimate of cost", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 25611. 73716 - Moved by Burton, seconded by Hutchison that the following requests for permission to attend the functions, with expenses not to exceed amount shown, be received, placed on file and approved: Street Superintendent and one Personnel and City Engineer to Asphalt Paving Association 19th Annual Workshop, Des Moines, Iowa, March 9 and 10th, 1978, $345.00 + use of City Car. Signal Technician to Indoctrination in operation and maintenance of pretimed control systems at Austin, Texas, May 10 thru 12, 1978, $394.00. Ayes: Six. Absent: Dowie. Motion carried. 73717 - Moved by Roehr, seconded by Bowers that the application and bond of David Milligan & David Rogers dba Re -Cycle Shop for a Motorcycle Salvage Yard License for 719 Birmingham Avenue, be received, placed on file, approved and granted subject to the requirements of the ordinance governing same. Motion carried. 73718 - Moved by Getty, seconded by Bowers that following applications for Beer Permits, be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer Class C LaVerne Howard Barnett dba Barnett's Conoco, 127 Jefferson Street S & S Meats & Groceries, Inc., 930 West Fifth Street Lucky Stores, Inc. dba May's Drug Store #181, 1934 Logan Avenue Lucky Stores, Inc. dba Eagle Discount Supermarket #131, Washington & West Seventh Streets Lucky Stores„ Inc, dba Eagle Discount Supermarket #082, 2052 Logan Avenue Sunday Sales Beer - Class C S & S Meats & Groceries, Inc., 930 West Fifth Street Lucky Stores, Inc. dba May's Drug Store #181, 1934 Logan Avenue Lucky Stores, Inc. dba Eagle Discount Supermarket #131, Washington & West Seventh Streets Lucky Stores, Inc. dba Eagle Discount Supermarket #082, 2052 Logan Avenue Motion carried. 73719 - Moved by Getty, seconded by Wilharm that the application of Larry Mether dba Larry's Lounge for permission to sell cigarettes at 1831 Independence Avenue, be received, placed on file and granted. Motion carried. 73720 - Moved by Bowers, seconded by Burton that the following applications for taxicab driver's permits, be received, placed on file and granted: Rollinda McCombs, 524 Reber Avenue Russell Greenhalgh, 721 Dundee Avenue Motion carried. 73721 - Moved by Burton, seconded by Bowers that report of City Attorney and list of bonds filed with Clerk through 2/27/78, be received, placed on file and report and bonds approved. Motion carried. 73722 - Moved by Bowers, seconded by Getty that the Council adjourn. Motion carried. Katherine Gibbs, February 27, 1978 City Clerk