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HomeMy WebLinkAbout06/28/1976June 28, 1976 The Council of City of Waterloo, Iowa, met in Regular Session in Council Chambers in City Hall at 7:00 P.M. on June 28, 1976. Mayor Rooff in the Chair. On roll call, Present: Bowers, Dowie, Geiger, Getty, Lichty, Roehr and Wilharm. Invo- cation by Councilman Geiger. 70240 - Moved by Dowie, seconded by Bowers that the Agenda, as proposed for the Regular Session of June 28, 1976 at 7:00 P.M., be accepted and approved. Motion carried. 70241 Moved by Roehr, seconded by Wilharm that the Minutes of the Regular Session held June 21, 1976 at 7:00 P.M., be approved. Motion carried. 70242 Moved by Roehr, seconded by Dowie that the proof of publication of the Notice of Meeting for the Issuance of Corporate Purpose Bonds $2,500,000), be received and placed on file. Motion carried. 70243 - The Mayor called for oral and written objections, and there were none. The City Council investigated and found that notice of intention to is- sue $2,500,000 Corporate Purpose Bonds of said City had heretofore been published on June 17, 1976 in the Waterloo Daily Courier, a newspaper published and having a general circulation in said City and that no oral or written objections of any kind had been filed or made to the issuance of said bonds, and that no one had appeared responsive to said notice to make objection to such action. Whereupon, Councilman Bowers introduced and caused to be read the following resolution: Moved by Bowers, seconded by Getty that "Resolution initiating proceed- ings for the issuance of $2,500,000 Corporate Purpose Bonds of the City of Waterloo, Iowa", be adopted, and that this hearing, be, and the same is, hereby adjourned to the 26th day of July, 1976, at the Council Cham- bers in the City Hall in said City at 7:00 P.M., at which time a Reso- lution authorizing the issuance of $2,500,000 Corporate Purpose Bonds of said City and providing for the levy of taxes to pay the same will be presented to this Council for consideration. Ayes: Seven. Resolu- tion adopted and upon approval by Mayor, assigned No. 24629. 70244 - The matter of offering for sale $2,500,000 Corporate Purpose Bonds of said City was discussed, whereupon Councilman Wilharm introduced, caused to be read the following resolution. Moved by Wilharm, seconded by Dowie that "Resolution providing for the advertisement of $2,500,000 Corporate Purpose Bonds", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24630. 70245 - Moved by Getty, seconded by Roehr that the proof of publication of no- tice of hearing on proposed Amendment of Current City Budget for fiscal year ending 6/30/76, as published in the Waterloo Courier on June 22, 1976, be received and placed on file. Motion carried. 70246 - The Mayor called for oral and written objections, and there were none. After public hearing on the proposal to amend the 1976 Fiscal Budget at published in the Waterloo Courier on June 22, 1976, and no objections having been made or filed, the Council gave final consideration to the proposed amendments to the said Budget. Moved by Dowie, seconded by Wilharm that "Resolution amending the current budget for the Fiscal Year ending June 30, 1976 (as amended last on June 28, 1976),be adopted, to be paid from increased cash balances not bud- get or considered and receipts not anticipated in the Budget; the amend- ment not to increase the tax collection in 1975-1976, that the Finance Director be directed to correct his records accordingly and the City Clerk to certify a copy of this amendment to the County Auditor of Black Hawk County and the State Comptroller. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24631. 70247 - Moved by Roehr, seconded by Bowers that the proof of publication of Notice of Proposal to Remove a Diseased Dutch Elm Tree and Levying As- sessment for cost thereof on premises at 615 Ricker Street owned by Opal I. and Donald R. Francis, be received and placed on file. Motion carried. 70248 - The Mayor called for oral and written objections, and there were none. Moved by Bowers, seconded by Getty that "Resolution directing the Re- 2 70248 - (Continued) moval of a Diseased Dutch Elm Tree on the premises at 615 Ricker Street owned by Opal I. and Donald R. Francis", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24632. 70249 - Plan and Program Director Franke presented the preliminary 1976-1981 Capital Improvements Program for review and asked to be contacted if there were any questions. 70250 - Leonard Maar, Howard Frisch, Robert Greene, Gordon Weldon and other residents of Summit and Marsh Streets area objected to R-4 rezoning and building of 32 to 36 efficiency units, citing existing flooding and drainage problems being compounded. William Mclntee supported his re- quest. City Engineer Radue reported the storm sewer was overloaded and additional units would add to the existing problems and Mr. McIntee could do nothing to solve the overall drainage problem, that the best use of the land would be a holding pond. Discussed was -the R-3 blanket zoning in 1968, establishing a health hazard, and denial of building permit due to water problem. Moved by Roehr, seconded by Wilharm that request of William Mclntee for Council on its own motion to rezone from "R-3" Multiple Residence District to "R-4" Multiple Residence District Lot 2, all of the N -S Alley lying east of Lot 2, Lot 5 and Lot 6, Summit Addition, located south side of Elmwood Cemetery and west of Sullivan Street, and City Zoning Commission's report of a large number of objectors at their hearing and said Commission's recommendation for denial, be received, placed on file and request denied. Ayes: Bowers, Geiger, Roehr and Wilharm. Nays: Dowie, Getty and Lichty. Motion carried. 70251 - Moved by Roehr, seconded by Bowers that request of Robert Borgeson for permission to construct one 24' commercial curb cut at 525 Colby Road to serve an 8-plex apartment building, 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 accordance therewith. Motion carried. 70252 - Moved by Getty, seconded by Lichty that communication from Plan and Pro- gram Commission, transmitting request from Jon Fister, Atty. for Chica- go, Rock Island and Pacific Railroad for an easement for railroad pur- poses over Crestwood Drive, as described in attached Exhibit "A", and recommending approval, be received, placed on file and "Resolution fix- ing the date, time and place of hearing on proposal to convey an Ease- ment to Chicago, Rock Island and Pacific Railroad for railroad purposes over Crestwood Drive", adopted, with date of hearing set as July 19, 1976. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24633. 70253 - Moved by Getty, seconded by Roehr that communication from City Plan and Program Commission, transmitting revised site development plan for a Hardee's Restaurant in Crossroads Center located Northwesterly of Cross- roads Boulevard and Southwesterly of Sears Drive with request for ap- proval from Jonathan M. Hart for Hardee's Food Systems, Inc., and recom- mending approval except the proposed median cuts in Crossroads Boulevard and. Sears Drive be denied, and Council's own motion, be received, placed on file, recommendations approved and said proposed median cuts denied, date of hearing set as July 19, 1976 at 7:00 P.M. in City Hall and Clerk instructed to publish notice. Motion carried. 70254 - Moved by Dowie, seconded by Getty that communication from City Plan and Program Co muission, transmitting a revised site development plan of Cedar Hills, Inc., east of Dysart Road and north of East Orange Road, with oral request for approval from Fred Debe on behalf of Cedar Hills, Inc., and recoumiending approval, and Council's own motion, be received, placed on file, date of hearing set as July 19, 1976 at 7:00 P.M. in City Hall and Clerk instructed to publish notice. Motion carried. 70255 - Moved by Geiger, seconded by Roehr that request from Hattie M. Dotson, for peinission to construct a temporary asphalt driveway at 524 E. Donald Street without regard to sidewalk grade, together with $3.00 for recording waiver, and City Engineer's recouuuendation for approval subject to the provisions of his letter, be received, placed on file, approved and "Resolution granting permission to Hattie M. Dotson and Jure 28, 1976 3 70255 - (Continued) authorizing construction of a temporary asphalt driveway at 524 E. Don- ald Street irrespective of a later official grade", adopted. Ayes: Seven. Resolution adopted and upon approval of Mayor, assigned No. 24634. 70256 - Moved by Roehr, seconded by Bowers that recommendation of Associated Insurance Advisors, Inc., Insurance Consultants, that the City of Water- loo place its Group Life Insurance for Police Officers, as shown in pro- posal, with Employers Modern Life Company, Des Moines, Iowa, effective July 1, 1976, for a one year period, be received, placed on file, rec- ommendation approved and said insurance placed with Employers Modern Life Company in accordance therewith. Ayes: Bowers, Geiger, Getty, Lichty, Roehr and Wilharm. Dowie declined to vote by reason of possible conflict of interest under Section 362.6 of Code of Iowa. Motion carried. 70257 - Moved by Bowers, seconded by Getty that minutes of Community Development Board for their regular meeting of May 11, 1976, be received and placed on file. Motion carried. 70258 - Moved by Roehr, seconded by Dowie that communication from City Engineer, transmitting an Offer to Buy excess right-of-way by the City of Waterloo from Iowa Department of Transportation, UN -218-7 (16)--41-07, Parcel No. 22-9, in NE quadrant of intersection of Midway Drive and University Ave- nue, for $1.00 for a future frontage road system, and recommending ac- ceptance, be received, placed on file, approved and accepted, and Mayor and Clerk authorized to execute same. Ayes: Seven. Motion carried. 70259 Moved by Bowers, seconded by Wilharm that proposed Engineering Services Contract dated 6/23/76 for preliminary surveying for design purposes for 1976 Street Paving Program, Contract No. 157, at an estimated cost of $4,500, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving the Engineering Services Con- tract with Wayne Claassen Engineering & Surveying, Inc. for 1976 Street Paving Program, Contract No. 157, and directing execution by Mayor and Clerk", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24635. 70260 - Moved by Roehr, seconded by Dowie that Final Plat of Southland Park Sub- division, with Engineer's Certificate of Survey, Deed of Dedication, Contract and Waivers, Report of City Engineer, City Plan and Program Commission's resolution of approval and recommendation for approval, be received, placed on file and "Resolution approving the Final Plat of Southland Park Subdivision in the City of Waterloo, Black Hawk County, Iowa", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24636. 70261 - Moved by Roehr, seconded by Lichty that Preliminary Plat of Southridge Terrace Addition with City Engineer's Report, Deed of Dedication, City Plan and Program Commission's resolution of approval, and recommendation for approval, be received, placed on file and "Resolution approving the Preliminary Plat of Southridge Terrace Addition, Waterloo, Iowa", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24637. 70262 - Councilman Roehr presented an objection petition from Mrs. Merton M. Dale, 3546 Logan Avenue, to proposed rezoning of part of Section 2 -89N - 13W. Moved by Roehr, seconded by WilhaLui that the above objection petition be received and placed on file. Motion carried. 70263 — Under Council Action #70217 of 6/21/76 action was deferred on "An Ordin- ance amending Ordinance No. 2479, as amended, by adding Sub -Section Na. 95 to Section 2A-5, rezoning certain property.', Anita Andries supported her request to rezone to C-1 Commercial District a tract of land lying west of Logan Avenue and south of Midwest Garden of Memories in Section 2 -89N -13W. Mary Iehl, Melvin Bond, Kenneth An- derson, Mrs. Donald Nolan, and other area residents objected, citing existing and future traffic hazards and depreciation of property. Dis- cussed were reduction of speed limit, number of objectors living within 250' and Zoning Commission's recommendation for denial. Moved by Bowers, seconded by none that the above Ordinance be considered June 28, 1976 4 70263 - (Continued) and passed for the second time. Died for lack of second. 70264 - Under Council Action #70215 of 6/21/76 action was deferred on "An Ordin- ance repealing and amending parts of Chapter 34, Sewers". Mayor Rooff reported Sec. 34-45 had been changed. Moved by Wilharm, seconded by Roehr that the above Ordinance be consid- ered and rules requiring ordinance to be voted on at two prior meetings, suspended, said Ordinance passed for first, second and third times, and placed on its final adoption. Ayes: Dowie, Geiger, Getty, Roehr and Wilharm. Nay: Bowers and Lichty. Motion not carried. 70265 - Councilman Roehr asked that the Council be polled. Ayes: Bowers, Dowie, Geiger, Getty, Roehr and Wilharm. Nay: Lichty. Motion carried. 70266 - Moved by Roehr, seconded by Wilharm that "An Ordinance repealing and amending parts of Chapter 34, Sewers", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2826. 70267 - Moved by Bowers, seconded by Roehr that communication from Community Development Administrator, transmitting a proposed Proclaimer Certifi- cate Resolution, and recommending approval, be received, placed on file and "Resolution approving the Proclaimer Certificate relative to tech- nical specifications conformance with local standard or standards nec- essary to support urban renewal objectives for project improvements", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24638. 70268 - Moved by Dowie, seconded by Getty that "A resolution transferring from the Federal Revenue Sharing Fund the sum of One hundred twenty nine thousand four hundred fifty-eight dollars and eighty seven cents ($129,458.87) to the Sewer Rental Fund", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24639. 70269 - Moved by Getty, seconded by Roehr that "A resolution transferring from the Federal Revenue Sharing Fund the sum of Fifty thousand dollars ($50,000.00) to the General Fund", be adopted. Ayes: Seven. Resolu- tion adopted and upon approval by Mayor, assigned No. 24640. 70270 - Moved by Wilharm, seconded by Getty that Estimate #3 Report for Contract No. 154, with Community Development Board's recommendation for approval, be received, placed on file and "Resolution approving Report for work and materials furnished by Irving F. Jensen Co., Inc. for Chautauqua Park Area, Stage II, Westfield -Virden Urban Renewal Project Iowa R-7, Contract No. 154, and certifying payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24641. 70271 - Moved by Getty, seconded by Roehr that Estimate #11 Report for Contract No. 150, with Community Development Board's recommendation for approval, be received, placed on file and "Resolution approving Report for work and materials furnished by Irving F. Jensen Co., Inc., for River Road, Stage II, Contract No. 150, and certifying payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24642. 70272 - Moved by Geiger, seconded by Dowie that Flinn -Saito -Andersen, Architects, be instructed to prepare the plans, specifications, form of contract, fo,_ua of proposal, etc. for Rennovation of Roof and Penthouse. Motion carried. 70273 - Moved by Geiger, seconded by Getty that the plans, specifications, etc. as submitted by Flinn -Saito -Andersen fol. Rennovation of Roof and Pent- house, be received, placed on file and "Resolution preliminarily approv- ing the plans and specifications, form of contract and bond, etc. for Rennovation of Roof and Penthouse", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24643. June 28, 1976 - 5 - 70274 - Moved by Roehr, seconded by Getty that the Clerk be instructed to publish the notice of public hearing on plans and specifications, pro- posed form of contract, etc. for Rennovation of Roof and Penthouse, said date of hearing being set as July 12, 1976 at 7:00 P.M.. Motion carried. 70275 - Moved by Getty, seconded by Roehr that the Clerk be instructed to pub- lish the Advertisement for Bids for Rennovation of Roof and Penthouse, said date being fixed as July 12, 1976 at 7:00 P.M. in the Council Chambers. Motion carried. 70276 - Councilman Roehr objected to plan for Duryea Street and proposed a curved routing. A discussion followed on zoning requirements, future street and paving plans, allowance of 15' to dike for repair purposes and existing storm and sanitary sewers. Moved by Getty, seconded by Lichty that Brice, Petrides & Associates, Inc., Engineers, be instructed to prepare the plans, specifications, form of contract, form of proposal, etc. for construction of Falls Ave- nue Area Street Improvements, Sewers and Incidentals, Phase II, West- field -Virden Urban Renewal Project R-7, Contract No. 158. Motion carried. 70277 - Moved by Wilharm, seconded by Bowers that communication from Community Development Administrator, transmitting the plans, specifications, etc. as submitted by Brice, Petrides & Associates, Inc. for Contract No. 158, be received, placed on file and "Resolution preliminarily approving the plans and specifications, form of contract and bond, etc. for Falls Avenue Area Street Improvements, Sewer and Incidentals, Phase II, West- field -Virden Urban Renewal Project R-7, Contract No. 158", adopted. Ayes: Bowers, Dowie, Geiger, Getty, Lichty and Wilharm. Nay: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 24644. 70278 - Moved by Geiger, seconded by Bowers that the Clerk be instructed to publish the notice of public hearing on plans and specifications, pro- posed form of contract, etc. for the Falls Avenue Area Street Improve- ments, Sewer and Incidentals, Phase II, Westfield -Virden Urban Renewal Project R-7, Contract No. 158, said date of hearing being set as July 19, 1976 at 7:00 P.M.. Motion carried. 70279 - Moved by Geiger, seconded by Getty that the Clerk be instructed to pub- lish the Notice to Contractors or Invitation for Bids for the construct- ion of Falls Avenue Area Street Improvements, Sewer and Incidentals, Phase II, Westfield -Virden Urban Renewal Project R-7, Contract No. 158, said date being fixed as July 19, 1976 at 7:00 P.M. in the Council Chambers. Motion carried. 70280 - Moved by Getty, seconded by Bowers that the following applications for permission to stage fireworks displays together with bonds, be received, placed on file and permission granted subject to approval of the Fire Chief: Sunnyside Country Club, 1600 Olympic Drive on July 4, 1976 with alternate date of July 5, 1976; Cedarloo Raceway, Inc., 3717 University Avenue on July 4, 1976 with alternate dates of July 5 and 11, 1976; Local 838, U.A.W. - Waterloo Royals Park, 850 Park Road, on July 4, 1976 with alternate date of July 5, 1976. Motion carried. 70281 - Moved by Roehr, seconded by Getty 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: Beer - Class B George Emanuel Nicholas dba MaMa Nick's Circle Pizzeria, Inc., 1934 Washington Street Beer & Liquor - Class C Merton L. McDougall dba Pat's Place, 303 W. 4th Street Cadillac Lanes, Inc., 650 LaPorte Road, Patricia Schlindwein dba Zodiac, 319 Jefferson Street Maple Lanes, Inc. dba Maple Lanes Bowling Center, 2608 University Avenue Robert E. Bender dba Electric Park, Inc., W. Conger & Rainbow Dr. Sunday Sales - Class B Beer George Emanuel Nicholas dba MaMa Nick's Circle Pizzeria, Inc., 1934 Washington Street Sunday Sales - Class C - Beer & Liquor Maple Lanes, Inc. dba Maple Lanes Bowling Center, 2608 University Cadillac Lanes, Inc., 650 LaPorte Road June 28, 1976 - 6 70281 - (Continued) Robert E. Bender dba Electric Park, Inc., W. Conger & Rainbow Dr. Motion carried. 70282 - Moved by Getty, seconded by Roehr that seventy-seven (77) 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. 70283 Moved by Geiger, seconded by Getty that application and fee of Mary Elizabeth Nehls, 718 West Second Street, for Massage Technician Permit, be received, placed on file and granted subject to the requirements of ordinance governing same. Motion carried. 70284 - Moved by Bowers, seconded by Dowie that the report of City Attorney and list of bonds filed with Clerk through 6/28/76, be received, placed on file and approved. Motion carried. 70285 Moved by Geiger, seconded by Getty that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk June 28, 1976