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HomeMy WebLinkAbout05/03/1976May 3, 1976 The Council of City of Waterloo, Iowa, met in Regular Session in Council Cham- bers in City Hall at 7:00 P.M. on May 3, 1976. Mayor Rooff in the Chair. On roll call, Present: Bowers, Dowie, Geiger, Getty, Roehr and Wilhaiui. Absent: Lichty. Invocation by Councilman Getty. 69883 - Moved by Roehr, seconded by Dowie that the Agenda, as amended, for the Regular Session of May 3, 1976 at 7:00 P.M., be accepted and approved. Motion carried. 69884 - Moved by Dowie, seconded by Geiger that the Minutes of the Regular Session held April 26, 1976 at 7:00 P.M., be approved. Motion carried. 69885 - Mrs. Gwyneth Marvin, Manager of Eastgate Estates and Woodland Terraces, Mobile Home Parks, complained about assignment of street number 701 Eastgate Drive instead of 400 Idaho Street to the office of Eastgate Estates. City Engineer Radue said she could use 400 Idaho Street at the post office and mail to 701 Eastgate Drive would also be delivered, that each lot was given an address. Mayor Rooff explained the reason for this numbering system was the Fire Department needed to be able to find the location immediately as the loss of a few seconds could mean life or death. He stated the street signs should be up when the requirements take effect; Councilman Roehr recommended the Engineer's position be maintained; and City Engineer Radue said the post office wanted the name, street and box number but that actual lot numbers were needed to identify the mobile homes. 69886 Moved by Dowie, seconded by Bowers that request from Weldon and Lucille Fox and John and Juanita Spencer for permission to remove ten foot of curb between 217 and 225 Park Lane and to widen their approaches, as shown on attached plat, and City Engineer's recommendation for approval subject to the provisions of his letter, be received, placed on file, recoauuendations approved and permission granted in accordance therewith. Motion carried. 69887 - Moved by Bowers, seconded by Roehr that communication from Property Administrator, transmitting the request from Walnut Ridge Baptist Church for use of five foot of City right-of-way for temporary parking along Ansborough Avenue, as shown on attached sketch, and recommending approval, concurred by City Engineer, be received, placed on file and approved subject to termination of use upon City request. Ayes: Six. Absent: Lichty. Motion carried. 69888 - In a discussion, it was brought out about 1/4 acre of land would need to be purchased, the land was not included in the estimated cost and funds would come from bonding. Also, construction would start about June 1st, take about one month and Greenbrier would be cut off of Wagner Road a fair share of the summer. An area resident requested yield sign installations and Mayor Rooff asked he be called at the time of need. Moved by Getty, seconded by Wilharm that communication from City Engi- neer reporting progress made on proposed Hyperion Drive extension and Wagner Road relocation, estimating a total project cost of $22,000, requesting a final decision on funding and construction, be received, placed on file, and approved. Ayes: Six. Absent: Lichty. Motion carried. 69889 - Moved by Roehr, seconded by Getty that the 1975 Annual Report of the Waterloo Fire Department be received and placed on file. Motion carried. 69890 - Under Council Actions #69859 and #69856 of 4/26/76, action was deferred on the requests of Merlyn Christensen and Fred Debe for Country Manor, Inc., for vacation of portions of Margaret Street, and Plan and Program Commission's recommendation for vacation of Margaret Street lying adjacent to Lot 12, Moser Addition, Lots 12 and 24, Holmes Addition, and Lots 12 and 13, Guernsey Addition, with retention of utility easement over North fifteen (15) feet of Margaret Street and sale as determined by the Council. Moved by Roehr, seconded by Getty that the above recommendation and vacation of Margaret Street lying adjacent to Lot 12, Moser Addition, Lots 12 and 24, Holmes Addition, and Lots 12 and 13, Guernsey, be ap- proved with retention of utility easement over North 15' of Margaret - 2 69890 - (Continued) Street and a date of hearing be set. Ayes: Six. Absent: Lichty. Motion carried. 69891 - Mayor Rooff stated one hearing would be set for vacation, sale and con- veyance of Margaret Street; Country Manor, Inc. proposed to purchase the South 15°, Warrens did not pick up letter, Strunk not interested, and Miller would settle with Country Manor, Inc. A zigzagged property line was discussed. Merlyn Christensen offered to purchase the entire 30' adjacent to Lot 12, Moser Addition, to control drainage problem and damage to landscape. Wirt Hoxie, Atty. for Mrs. James Pope, ex- plained the driveway problem and the need for acquiring the 30° adja- cent to Lot 12, Guernsey Addition. Paving to be done by City was agreed to and five ($.05) cents per square foot established as price for sale of vacated Margaret Street. Moved by Roehr, seconded by Wilharm that said 30' Margaret Street be split in the center in a straight line and each adjacent property own- er be given the privilege of purchasing that 15° adjoining his proper- ty at five ($.05) cents per square foot, in effect making ten (10) par- cels, with retention of utility easement over North 15° of Margaret Street. Ayes: Roehr, Wilharm. Nays: Bowers, Dowie, Geiger, Getty. Absent: Lichty. Motion not carried. 69892 - There was a lengthy discussion on the portion each adjacent property owner could buy. Moved by Getty, seconded by Roehr that said Margaret Street adjacent to Lot 12, Moser Addition, Lots 12 and 24, Holmes Addition, and Lot 13, Guernsey Addition, be equally divided in the center, the adjacent property owners be given the option of purchasing the 15' adjoining their properties, and the entire 30° lying east of the East line of South Hills Drive adjacent to Lot 12, Guernsey Addition, to Mrs. James Pope, with all sales to be at five ($.05) cents per square foot, with retention of utility easement over North 15' of Margaret Street, and "Resolution fixing the time and place of hearing as May 17, 1976 at 7:00 P.M. in the Council Chambers of City Hall on a proposal to vacate, sell and convey Margaret Street lying adjacent to Lot 12, Moser Addi- tion, Lots 12 and 24, Holmes Addition and Lots 12 and 13, Guernsey Addition, and instructing the Clerk to publish notice of hearing", adopted. Ayes: Six. Absent: Lichty. Resolution adopted and upon approval by Mayor, assigned No. 24532. 69893 - Moved by Roehr, seconded by Dowie that communication from Personnel Director, transmitting Memorandum of Working Agreement dated May 3, 1976, be received and placed on file. Motion carried. 69894 - Moved by Bowers, seconded by Dowie that the paving plans for Deward Felcher Industrial Park prepared by Robinson Engineering Co. and City Engineer's recommendation for approval, be received, placed on file and approved. Motion carried. 69895 - Moved by Roehr, seconded by Dowie that construction plans for Sanitary Sewer Facilities, Storm Sewer, and Concrete Paving, serving Jeanie's Addition, with Treatment Agreement Form C 9/75, for Department of Environmental Quality, and City Engineer's recommendation for approval with final acceptance of plans subject to acceptance by said Department, be received, placed on file, recommendations approved and Mayor and Clerk authorized to execute said Agreement Form. Motion carried. 69896 - Moved by Dowie, seconded by Getty that construction plans for Sanitary Sewerage Facilities serving Richland Park Subdivision, with Treatment Agreement Form C, 9/75, for Department of Environmental Quality, and City Engineer's recommendation for approval with final acceptance of plans subject to acceptance by said Department, be received, placed on file, recommendations approved and Mayor and Clerk authorized to execute said Agreement Form. Motion carried. 69897 - Moved by Roehr, seconded by Bowers that the communication of the Sign and Traffic Department recommending the following additions to the May 3, 1976 3 69897 - (Continued) Traffic Ordinance, be received, placed on file, recommendations ap- proved and City Attorney instructed to submit an ordinance accordingly: 1 - Remove parking from southerly side of Meadow Lane from Ansborough Avenue to Crestview Avenue; 2 - Four way Stop Intersection; 3 - Four way Stop Intersection. Motion carried. Installation at Rachael Street and Lynkaylee Drive Installation at Bertch Avenue and Western Avenue 69898 - Moved by Getty, seconded by Roehr that "An Ordinance amending Ordinance No. 2644, known as the Traffic Ordinance, by repealing Subsection (187), Meadow Lane, of Section 551, Parking prohibited at all times on certain streets, and enacting in lieu thereof a new Subsection (187) entitled Meadow Lane of Section 551 entitled Parking prohibited at all times on certain streets", 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: Six. Absent: Lichty. Motion carried. 69899 - Moved by Getty, seconded by Bowers that "An Ordinance amending Ordin- ance No. 2644, known as the Traffic Ordinance, by repealing Subsection (187), Meadow Lane, of Section 551, Parking prohibited at all times on certain streets, and enacting in lieu thereof a new Subsection (187) entitled Meadow Lane of Section 551 entitled Parking prohibited at all times on certain streets." be adopted. Ayes: Six. Absent: Lichty. Ordinance adopted and upon approval by Mayor, assigned No. 2815. 69900 - Moved by Roehr, seconded by Dowie that "An Ordinance amending Ordinance No. 2644 known as the Traffic Ordinance by adding Subsections (24) Bertch Avenue and Western Avenue and (25) Lynkaylee Drive and Rachael Street to Section 544, Four -Way Stop Intersections", be considered and rules requiring ordinances to be voted on at two prior meetings, suspended, said Ordinance passed for first, second and third tithes and placed on final adoption. Ayes: Six. Absent: Lichty. Motion carried. 69901 - Moved by Roehr, seconded by Getty that "An Ordinance amending Ordinance No. 2644 known as the Traffic Ordinance by adding Subsections (24) Bertch Avenue and Western Avenue and (25) Lynkaylee Drive and Rachael Street to Section 544, Four -Way Stop Intersections", be adopted. Ayes: Six. Absent: Lichty. Ordinance adopted and upon approval by Mayor, assigned No. 2816. 69902 - Moved by Getty, seconded by Bowers that the communication from the Community Development Administrator, transmitting a proposed resolution authorizing the Mayor to accept the assumption of operation and main- tenance responsibilities of Stage IIIC of Local Flood Protection Project, and recommending approval, be received, placed on file and "Resolution authorizing the Mayor to accept on behalf of the City of Waterloo ef- fective May 14, 1976, the assumption of operation and maintenance responsibilities for the flood protection devices constructed as Stage IIIC of the Corps of Engineers Local Flood Control Project", adopted. Ayes: Six. Absent: Lichty. Resolution adopted and upon approval by Mayor, assigned No. 24533. 69903 - Moved by Getty, seconded by Dowie that Certificate of Completion and Recommendation of Acceptance for Contract No. 143, and Community Devel- opment Administrator's recommendation for approval, be received, placed on file, and "Resolution approving the Certificate of Completion and Recoumiendation of Acceptance and the Final Estimate Report as to work and materials furnished by M.F. Goerdt Construction Co., Contractors, for Paving, Sanitary Sewers, Storm Sewers and Incidentals, Westfield Avenue Area, Westfield -Virden Urban Renewal Project Iowa R-7, Contract No. 143, accepting the work and authorizing payment accordingly", adopted Ayes: Six. Absent: Lichty. Resolutionadopted and upon approval by Mayor, assigned No. 24534. May 3, 1976 - 4- 69904 - 69904 - Moved by Roehr, seconded by Getty that the following requests for permission to attend functions, with expenses allowed not to exceed amounts shown, be received, placed on file and approved: City Engineer to Planning & Zoning for Organized Community Growth, Madison, Wisconsin, May 12 thru 14, 1976, $170.00 plus use of City car; Plumbing Inspector to 18th Annual Convention of Iowa Plumbing Inspectors Association, Ames, Iowa, May 20 and 21, 1976, $106.00 plus use of City car; Manager of Conway Civic Center to Association of Executives Meeting, to visit Vets Aud. and discuss Business Future with Vets Mgr., also discuss possible convention with Iowa Funeral Directors, Des Moines, Iowa, April 25, 26, 27, 1976, $250.00. Ayes: Six. Absent: Lichty. Motion carried. 69905 - Moved by Geiger, seconded by Roehr that the following applications and bonds for Auto Salvage Yard Licenses, be received, placed on file, approved and granted subject to requirements of the ordinance governing same: Keith Shepard dba Shep's Auto Salvage & Used Car Sales, 1501 Grandview Ave. Franklin H. Sanderson and Gary L. Luck dba G & W Salvage Co., 953 Fulton St. Ernest E. and Larry Sommerfelt dba Ernie's Auto Service, 2206 Temple Ave. B. Schultz Co., 827 Commercial Street Motion carried. 69906 - Moved by Bowers, seconded by Wilhanui that the following applications and bonds for renewal of Junk Dealer License, be received, placed on file, approved and granted, subject to requirements of ordinance governing same: B. Schultz Co., 827 Commercial Street, Midwest Paper & Metals, 2724 Lafayette Street. Motion carried. 69907 - Moved by Getty, seconded by Bowers that the following applications for renewal Taxicab Driver's Licenses, submitted by Waterloo Yellow Cab Co., for year beginning 5/1/76, be received, placed on file and granted: Richard Blalock, 920 Anthony Street, Clyde Johnson, 407 Beech Street. Motion carried. 69908 - Peter Gartelos, Atty. for Pocket Billiard Lounge, Inc., 3295 University' Avenue, acknowledged the Council had authority to approve or disapprove the Class B Beer Permit application with fee and bond, and that the Iowa Board of Appeals could order the issuance of same. He asked the appli- cation be reviewed. Mayor Rooff inquired if any more work had been done on the building and the answer was negative. He stated because a property was zoned for a tavern, it did not necessarily mean the Council had to grant a penult, and the Council could not approve an application until all inspections had been made. Sid Thomas, Atty. for area residents, reminded the Council the appli- cation was denied two weeks ago and stressed the importance of the location, drinking without eating, traffic hazard, many children with no sidewalks in the area. Councilman Getty spoke against denial and Councilman Roehr supported the denial. Moved by Wilharm, seconded by Bowers that the request of Peter J. Gartelos for reconsideration of Pocket Billiard Lounge, Inc. application for a Class B Beer Permit at 3295 University Avenue, be received and placed on file. Ayes: Bowers, Dowie, Geiger, Roehr,Wilharm. Nays: Getty. Absent: Lichty. Motion carried. 69909 - Moved by Roehr, seconded by Bowers that the 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: May 3, 1976 - 5 69909 - (Continued) Beer - Class B Thomas Pulchinski dba Waterloo Baseball, Inc., 850 Park Road Beer - Class C Cedar Falls Oil Co. dba Holiday Station Store #52, 3260 University Ave. Cedar Falls Oil Co. dba Holiday Station Store # 107, 1011 LaPorte Road Cedar Falls Oil Co. dba Holiday Station Store # 130, 624 Franklin Street Beer & Liquor - Class C Scott J. and Margaret E. Burns dba Thunderbird Tap, 715 Ansborough Ave. Vernette Grace Klenzman dba Vernie's Tap, 118 Commercial Street Zilch Limited dba Corner Tap, 108 Jefferson Street Sunday Sales - Class B Beer Thomas Pulchinski dba Waterloo Baseball, Inc., 850 Park Road Motion carried. 69910 - Moved by Bowers, seconded by Dowie that the application of Scott J. Burns dba Thunder Bird Tap, 715 Ansborough Avenue, for Permission to sell cigarettes, be received, placed on file and granted. Motion carried. 69911 - Moved by Geiger, seconded by Dowie that the report of City Attorney and list of bonds filed with Clerk through 5/3/76, be received, placed on file and approved. Motion carried. 69912 - Moved by Geiger, seconded by Bowers that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk May 3, 1976