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HomeMy WebLinkAbout04/12/1976April 12, 1976 The Council of City of Waterloo, Iowa, met in Regular Session in Council Chambers in City Hall at 7:00 P.M. on April 12, 1976. Mayor Rooff in the Chair. On roll call, Present: Bowers, Dowie, Geiger, Getty, Lichty, Roehr and Wilharm. Invocation by Councilman Wilharm. 69753 - Moved by Getty, seconded by Roehr that the Agenda, as amended, for the Regular Session of April 12, 1976 at 7:00 P.M., be accepted and approv- ed. Motion carried. 69754 - Moved by Geiger, seconded by Wilharm that the Minutes of the Regular Session held April 5, 1976 at 7:00 P.M., be approved. Motion carried. 69755 - Mayor Rooff recognized Richard King, Asst. Scout Master, and Steve Collins, Pat Lindquist, Charlie Bradford, Paul King and Mike Otterson, Members of Boy Scout Troop 18 of Westridge School, who were in atten- dance. 69756 - Moved by Roehr, seconded by Bowers that proof of publication of notice of public hearing on rezoning, upon the request from William Robinson, Engineer for Midwest Garden of Memories, upon recommendation of City Zoning Commission and Council's own motion, to rezone from "A-1" Agri- cultural District and "R-1" One and Two Family Residence District to "R-4" Multiple Residence District a part of Section 2 -89N -13W on west side of Logan Avenue about 4 mile South of Big Rock Road, as published in the Waterloo Courier on March 25, 1976, be received and placed on file. Motion carried. 69757 - The Mayor announced the time had arrived to hear objections, and the Clerk reported no written objections had been filed. Lee Heidlebaugh, 3760 Logan Avenue, objected due to traffic hazard and presented a peti- tion. Mrs. Shirley Buck supported the objections. A lengthy discus- sion followed covering location of proposed driveway, visibility, erec- tion of caution light, reduction of speed limit, turning left across solid yellow line on highway. William Robinson, Engineer, and Gary Brown spoke in favor of rezoning. Moved by Bowers, seconded by Roehr that the above petition be received and placed on filer Motion carried.. 69758 Moved by Getty, seconded by Roehr that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 89 to Section 2A-5, re- zoning certain property", be considered and passed for the first time. Ayes: Seven. Motion carried. 69759 - Moved by Roehr, seconded by Dowie that proof of publication of notice of public hearing on rezoning, upon request of William Robinson, Engi- neer for Albert Olesen, upon recommendation of City Zoning Commission and Council's own motion, to rezone from "A-1" Agricultural District to "R-2" One and Two Family Residence District and "R-3" Multiple Resi- dence District and from "R-2" One and Two Family. Residence District to "R-3" Multiple Residence District a part of Section 2 -88N -13W, south of East Ridgeway Avenue between Hammond Avenue and Bethel Street, as published in Waterloo Courier on March 25, 1976, be received and placed on file. Motion carried. 69760 - The Mayor announced the time had arrived to hear objections, and there were no objections made or filed. Moved by Wilharm, seconded by Dowie that "An Ordinance amending Ordin- ance No. 2479, as amended by adding Sub -Section No. 90 to Section 2A-5, rezoning certain property,,be considered and passed for the first time. Ayes: Seven. Motion carried. 69761 - Moved by Bowers, seconded by Getty that proof of publication of notice of public hearing on rezoning, upon request of Rick Young, upon recom- mendation of City Zoning Commission and Council's own motion, to rezone from "A-1" Agricultural District to "R-4" Multiple Residence District and "M-1" Light Industrial District two parcels of unplatted land in Section 5-88-13W, west of Kingswood Addition and south of West Ridgeway Avenue, as published in Waterloo Courier on March 25, 1976, be received and placed on file. Motion carried. 69762 - The Mayor announced the time had arrived to hear objections, and there were no objections made or filed. - 2 69762 - (Continued) Moved by Wilharm, seconded by Roehr that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 91 to Section 2A-5, rezoning certain property", be considered and passed for the first time. Ayes: Seven. Motion carried. 69763 - Moved by Bowers, seconded by Lichty that proof of publication of notice of public hearing on rezoning, upon the request of Galen Bumgardner, upon recommendation of City Zoning Commission and Council's own motion to rezone from "C-1" Commercial District and "R-3" Multiple Residence District to "M-1" Light Industrial District a parcel of unplatted land in Section 19 -89N -12W east of Starr Drive on the North side of Inde- pendence Avenue, as published in Waterloo Courier on March 25, 1976, be received and placed on file. Motion carried. 69764 - The Mayor announced the time had arrived to hear objections, and there were no objections filed or made. Moved by Bowers, seconded by Getty that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 92 to Section 2A-5, rezoning certain property", be considered and rules requiring ordinances to be voted on at two prior meetings, suspended, said Ordinance passed for first, second and third times and placed on final adoption. Ayes: Seven. Motion carried. 69765 - Moved by Roehr, seconded by Lichty that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 92 to Section 2A-5, rezoning certain property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2810. 69766 Moved by Roehr, seconded by Geiger that proof of publication of notice of public hearing on revised site development plan for Fletcher Square Shopping -Center, upon request of Display, Inc. for Iron Fireman Lounge, upon recommendation of Plan and Program Commission's and Council's own motion, as published in Waterloo Courier on 3/25/76, be received and placed on file. Motion carried. 69767 - The Mayor announced the time had arrived to hear objections, and no objections were made or filed. Moved by Wilharm, seconded by Lichty that "Resolution approving revised site development plan for Fletcher Square Shopping Center", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24500. 69768 - Susannah Hoag, 1001 Sheerer Avenue, presented a petition containing 300 names objecting to the issuance of any beer, or liquor permits to the Corner Pockets Billiard Parlor and Tavern at Sheerer Avenue and 3275 University Avenue due to added traffic congestion and small children attending the gymnastics club across Sheerer Avenue. Moved by Roehr, seconded by Dowie that the above petition be received and placed on file. Motion carried. 69769 - Peter Gartelos, Atty. for Pocket Billiard Lounge, Inc., 3295 University Avenue, requested the application for a Class "B" Beer Permit be ap- proved. Oral objections were made by: Area residents Susannah Hoag, Irene Lentfer, Robert Hoag, Jim Parker and Grant Canfield. A discussion followed on use of upper floor for parlor and bar and lower level for office space, on parking facilities, number of other taverns in the area, children allowed in the establishment, prior understanding that building was to be used as office space. Mayor Rooff stated he would review the August 25, 1975 Council Meeting tapes for any statements made as to the use of the building. Moved by Roehr, seconded by Dowie that the above request be received, placed on file and action deferred until April 19, 1976. Motion car- ried. 69770 - Tom Pulchinski, General Manager of Waterloo Royals Baseball Club, stated he hoped the people of Waterloo would continue to support the Club, and presented season tickets. April 12, 1976 - 3 - 69771 - Councilman Getty reported the residents of 200 block of Fairfield Street, a dead-end street, wanted this street closed to truck traffic, and burning stopped on an adjacent vacant lot owned by a small con- struction company. Ron Power, 240 Fairfield Street, spoke in behalf of the area residents. Mayor Rooff reported letters have been sent to stop the violations and he would take care of this. 69772 - Moved by Roehr, seconded by Lichty that petition of Vanessa A. Steven- son, et al, on receiving parking tickets, be received and placed on file. Motion carried. Elaine Powers and Nancy Schmidt spoke in support of the petition. In the discussion it was pointed out the cost for mailing receipts would be prohibitive, receipts were given when tickets were paid in City Hall; notices for overdue tickets were now being sent every two weeks, but to send by registered mail would be prohibitive; violaters could be heard in court, however, there would be court charges if they lost; metered parking stalls were meant for the public and not people work- ing downtown; there would be leased stall arrangements for the pro- posed parking lot at 300 Sycamore Street. 69773 - James Ishman, 1033 Wilbur Street, spoke in support of paving Wilbur Street, and City Engineer Radue stated the petitions against said paving were signed by more owners of adjacent property than the one for said paving. Moved by Roehr, seconded by Lichty that petition of James Ishman, 1033 Wilbur Street, et al for concrete paving of Wilbur Street from Janney Street to Hartman Avenue, representing 25`/0 of adjacent proper- ty owners, and the City Engineer's recommendation that the paving not be included in this year's program but given consideration in the future, be received, placed on file and recommendations approved. Motion carried. 69774 - Steven M. Thorman, Architect, described the natural drainage for on- site water at 225 Glencoe Avenue and stated the..zoning ordinance requirements had been provided. Rick Young spoke in support. City Engineer Radue reported there had been little enforcement of the code in the past and the situation was "so graded and drained as to dispose of all surface water accumulation within the area", however, if there was no storm sewer then the requirement could not be enforced. A discussion followed on availability of storm sewer in front of property and if not, if it would be required that sewer be extended to hook on. Fedon Petrides stated there were so many variables and factors that this could not be put into an ordinance and this should be at the recommendation of the City Engineer. City Engineer Radue recommended installation of a drainage system. Moved by Wilharm, seconded by Bowers that the request of Steven M. Thorman, Architect for Leon K. Lauver & Associates, for approval of drainage of on-site water down the drive to the street, then down the street to nearest storm sewer inlet, approximately 150' east of 225 Glencoe Avenue to serve an 8-plex apartment building, together with site plan, and the above City Engineer's recommendation for installation of a drainage system, be received, placed on file and City Engineer's recommendations approved. Ayes: Bowers, Dowie, Roehr and Wilharm. Nays: Geiger, Getty and Lichty. Motion carried. 69775 - Moved by Roehr, seconded by Wilharm that communication from Property Administrator, transmitting an Offer to Buy Lot 2, Auditor Rainbow's Logan Avenue and Belt Line Plat and Lots 6, 7, 8 and 9 Assessor Lelands Plat No. 1, for $200.00, from Roosevelt Roby, Jr. and Earlie Thomas, Jr., be received, placed on file and "Resolution fixing the time and place of hearing as April 26, 1976 on proposal to dispose of Lot 2, Auditor Rainbow's Logan Avenue and Belt Line Plat and Lots No. 6, 7, 8 and 9, Assessor Leland's Plat No. 1 to Roosevelt Roby, Jr. and Earlie Thomas, Jr. for $200 and costs", adopted and Clerk in- structed to publish notice of hearing. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24501. April 12, 1976 - 4- 69776 - 69776 - Moved by Dowie, seconded by Getty that the offer of The Wood Products Co. to purchase Disposal Parcel No. I -15(p) in Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, 122-124 Utica Street, for the sum of $1,900.00, for warehouse storage facility, and report of Community Development Board they approved said sale, be received, placed on file, "A resolution authorizing the sale of Disposal Parcel I -15(p) in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7", adopted and hearing set for May 17, 1976 at 7:00 P.M. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24502. 69777 - Moved by Roehr, seconded by Bowers that the request of The National Bank of Waterloo for permission to construct three approach drives, one 16' and one 28' on East Third Street, and one 16' on Mulberry Street, and to remove the divider between two existing drives on Mul- berry Street, to serve their new Drive -Up Facility at 412 Mulberry 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 ac- cordance therewith. Motion carried. 69778 - Moved by Geiger, seconded by Roehr that request from Forrest Knapp for permission to construct a temporary asphalt driveway at 714 West Parker Street without regard to sidewalk grade, together with $3.00 for re- cording 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 Forrest Knapp and authorizing construction of a temporary asphalt driveway at 714 West Parker Street irrespective of a later official grade", adopted. Ayes: Seven. Reso- lution adopted and upon approval by Mayor, assigned No. 24503. 69779 - Moved by Dowie, port for March, Receipts $1,695 3/31/76 $11,532 seconded by Bowers that City Treasurer's Financial Re - 1976, showing Balance on Hand 3/1/76 $12,129,639.77, ,637.73, Disbursements $2,292,837.87, Balance on Hand ,439.63, be received and placed on file. Motion carried. 69780 - Under Council Action #69722 of 4/5/76 action was deferred for one week on Preliminary Plat of Prairie Meadow West Third Addition. Mayor Rooff recommended the City pay for paving of the existing 30' gap at Sheridan Road and Prospect Boulevard and reported Meryln Christensen had sub- mitted an offer to purchase. In the discussion it was brought out that if the subdivider paid the paving; then he would have first option to buy; that Margaret Street was unopened; and possibility of selling one half to Christensen and one-half to sub -divider. Moved by Roehr, seconded by Wilharm that "Resolution approving the Preliminary Plat of Prairie Meadow West Third Addition in the City of Waterloo, Black Hawk County, Iowa", be adopted. Ayes: Seven. Reso- lution adopted and upon approval of Mayor, assigned No. 24504. 69781 - Moved by Roehr, seconded by Bowers that the two Permanent Easements dated 3/30/76 from Neil J. Miller and Marilyn M. Miller and City En- gineer's recommendation for approval, be received, placed on file, approved and accepted, and Clerk instructed to have same recorded. Motion carried. 69782 - Moved by Lichty, seconded by Roehr that proposed Engineering Services Contract dated 4/12/76 for certified field surveys and property plats at an estimated cost of $2,100, and City Engineer's recommendation for approval, be received, placed on file "Resolution approving the Engineering Services Contract with Wayne Claassen Engineering & Sur- veying, Inc. for Guernsey's Orange View Sanitary Sewer Outfall, Con- tract No. 187, and directing execution of same by Mayor and Clerk", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24505. 69783 - Moved by Getty, seconded by Dowie that proposed Engineering Services Contract dated 4/12/76 for construction design and field inspection services, at an estimated cost of $350,000, and City Engineer's re- commendation for approval, be received, placed on file and "Resolution approving the Engineering Services Contract with Brice, Petrides & Associates, Inc. for Reconstruction of West Ridgeway Avenue between U.S. Highway No. 63 to West City Limits, and directing execution of same by Mayor and Clerk", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24506. April 12, 1976 - 5 - 69784 - Moved by Bowers, seconded by Wilharm that "Ordinance vacating All of the East West Alley lying west of the west line of Creston Avenue and lying between Lots 21, 22 and 23 of Auditor Barnes Plat of Maywood", be considered and passed for the second time. Ayes: Seven. Motion carried. 69785 - Moved by Getty, seconded by Dowie that communication from Community Development Administrator, transmitting proposed Fair Reuse Value Resolution and recommending approval, be received, placed on file and "Resolution establishing Fair Reuse Value for Certain Parcels to be disposed of in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7", adopted. Ayes: Seven. Resolution adopted and upon ap- proval by Mayor, assigned No. 24507. 69786 - Moved by Roehr, seconded by Bowers that the offer of The United States Postal Service, Mission, Kansas, to purchase Disposal Parcel I -35(p) in Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, 300 Block of Sycamore Street and the rear portion of the 200 Block of Sycamore Street, for the sum of $295,366, for new Post Office, and report of Community Development Board they approved said sale, be re- ceived, placed on file, "A resolution authorizing the sale of Dis- posal Parcel No. I -35(p) in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7", adopted and hearing set for May 17, 1976 at 7:00 P.M. Ayes: Seven. Resolution adopted and upon approval of Mayor, assigned No. 24508. 69787 - Moved by Getty, seconded by Dowie that communication from Community Development Administrator, transmitting proposed Fair Reuse Value Resolution and recommending approval, be received, placed on file and "Resolution establishing Fair Reuse Value for Certain Parcels to be Disposed of in the Logan Avenue Urban Renewal Area, Project No. Iowa R-2", adopted. Ayes: Seven. Resolution adopted and upon ap- proval by Mayor, assigned No. 24509. 69788 - Moved by Dowie, seconded by Bowers that the offer of Gregory C. Washington and June K. Washington to purchase Disposal Parcel No. 30-b in Logan Avenue Urban Renewal Area, Project No. Iowa R-2, 212 Dane Street and 420 Logan Avenue, for the sum of $300 for sideyard purposes, and approval report of Community Development Board, be re- ceived, placed on file, "A resolution authorizing the sale of Dis- posal Parcel No. 30-b and Disposal Parcel No. 24-E in the Logan Avenue Urban Renewal Area, Project No. Iowa R-2", adopted and hear- ing set for May 17, 1976 at 7:00 P.M. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24510. 69789 - Moved by Bowers, seconded by Dowie that "A resolution authorizing the Finance Director to destroy records older than ten (10) years pertaining to the City Finance Department", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24511. 69790 - Moved by Roehr, seconded by Wilharm that Estimate #5 Report for Con- tract No. 94, with Community Development Board recommendation for approval, be received, placed on file and "Resolution approving Esti- mate #k5 Report submitted by Service Construction Co. for Dry Run Creek Retaining Wall and Dike Modifications in Liberty Park, Contract No. 94, and certifying payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24512. 69791 - Moved by Wilharm, seconded by Dowie that Estimate #5 Report for Con- tract No. 135, with City Engineer's recommendation for approval, be received, placed on file and "Resolution approving report for work and materials furnished by Cedar Valley Corporation for 1975 Paving Program, Contract No. 135, and authorizing and certifying payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24513. 69792 - Moved by Getty, seconded by Roehr that "Resolution, BILLS, Schedule A", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24514. 69793 - Moved by Getty, seconded by Roehr that "Resolution, BILLS, Schedule B", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24515. April 12, 1976 - 6 - 69794 Moved by Getty, seconded by Wilharm that Certificate of Completion and Final Estimate Report of Thorson, Brom, Broshar, Snyder, Inc., Archi- tects, for Conway Civic Center Electrical Contract, and City Engineer's recommendation for approval, be received, placed on file and "Resolu- tion approving the Certificate of Completion and Final Estimate Report as to work and materials furnished by Paulson Electric Company for Con- way Civic Center (Electrical Contract), accepting the work and author- izing payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval of Mayor, assigned No. 24516. 69795 - Moved by Dowie, seconded by Wilharm that Certificate of Completion and Final Estimate Report of Thorson, Brom, Broshar, Snyder, Inc., Archi- tects, for Conway Civic Center Kitchen Equipment Contract, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving the Certificate of Completion and Final Esti- mate Report as to work and materials furnished by Krensky Fixture Company for Conway Civic Center Kitchen Equipment Contract, accepting the work and authorizing payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24517. 69796 - Moved by Bowers, seconded by Lichty that communication from Supt. of Water Pollution Control Plant reporting retirement of Thomas Balm as of 4/2/76 and entitlement to 40 hours sick leave and two weeks vaca- tion pay, be received, placed on file and "Resolution approving pay- ment of $480 accumulated sick leave and vacation pay to Thomas Balm, retiree of Water Pollution Control Plant", adopted. Ayes: Seven. Resolution adopted and upon approval of Mayor, assigned No. 24518.. 69797 - Moved by Getty, seconded by Bowers that communication from City Forester reporting retirement of Lester Trautman as of 4/1/76 and entitlement to 2622 hours sick leave and 40 hours vacation pay, be received, placed on file and "Resolution approving payment of $1,386.58 accumulated sick leave and vacation pay to Lester Trautman, retiree of Forestry Department", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24519. 69798 - Moved by Roehr, seconded by Bowers that communication from Community Development Administrator, submitting the following bids for demoli- tion of old Herrick Refrigeration Co. warehouse, be received,and placed on file: Larry Lehman Trucking $7,200.00 and Earl Hanson Excavating $24,600.00. Motion carried. 69799 - Moved by Bowers, seconded by Geiger that communication from Inspection Department Administrator requesting authorization to proceed with con- tract with Flinn Saito Andersen, Waterloo, Iowa, for architectural service and preparation of plans, specifications, estimate of cost, etc. for a new roof on City Hall Building, 715 Mulberry Street, for a total fee not to exceed 7% of cost of construction, be received, placed on file and authorization granted. Ayes: Seven. Motion carried. 69800 - Moved by Roehr, seconded by Bowers that communication from City Engi- neer, transmitting a proposed Street Names for Mobile Home Parks list and requesting approval, be received, placed on file and City Attorney instructed to draw an ordinance. Motion carried. 69801 - Moved by Bowers, seconded by Lichty that the following applications for Beer Permits and Beer and Liquor Licenses, be received, placed on file and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer Class C Clute's Super Market, Inc., 1657 Falls Avenue Clute's Highland Market, Inc., 909 Independence Avenue Beer and Liquor Class C Edwin A. Tennyson and Marian L. Tennyson dba Hillcrest Tap, 1933 Williston Avenue Nino's of Iowa, Inc. dba Nino's Steak Round -up, 3551 University Avenue Sunday Sales Beer & Liquor Class C Nino's of Iowa Inc. dba Nino's Steak Round -up, 3551 University Avenue Motion carried. April 12, 1976 - 7 - 69802 - Moved by Wilharm, seconded by Lichty that for dance license, be received, placed on Kuenstling dba Sonja's Office Lounge, 709 Oasis, Inc. 708 Jefferson Street. Motion the following applications file and approved: Sonja Jefferson Street and Kay's carried. 69803 - Moved by Getty, seconded by Lichty that following application for 1976-1977 Scavenger License to expire May 1, 1977, approved by the Sanitation Department, be received, placed on file and granted: Virgil Willard dba Crown Sewer Service, R.R. #3. Motion carried. 69804 - Moved by Geiger, seconded by Bowers that the following Affidavit of Pawnbroker for License with bond, be received, placed on file and approved: Jay M. Levi dba Levi Bros. Jewelry Ltd., 306 East 4th Street. Motion carried. 69805 - Moved by Bowers, seconded by Geiger that the taxicab driver permit application of Reginal Oxton, 709 Walnut, Cedar Fall, be received, placed on file and approved. Motion carried. 69806 - Moved by Geiger, seconded by Roehr that the report of City Attorney and list of bonds filed with Clerk through 4/12/76, be received, placed on file and approved. Motion carried. 69807 Moved by Getty, seconded by Lichty that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk April 12, 1976