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HomeMy WebLinkAbout06/14/1976June 14, 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 14, 1976. Mayor Rooff in the Chair. On roll call, Present: Bowers, Dowie, Geiger, Getty, Lichty, Roehr, and Wilharm. In- vocation by Councilman Geiger. 70151 Moved by Roehr, seconded by Wilharm that the Agenda, as amended, for the Regular Session of June 14, 1976 at 7:00 P.M., be accepted and approved. Motion carried. 70152 - Moved by WilhaLu, seconded by Bowers that the Minutes of the Regular Session held June 7, 1976 at 7:00 P.M., be approved. Motion carried. 70153 - Mayor Rooff introduced Jerry Franke, the new Director of Plan and Program Commission. 70154 - Moved by Roehr, seconded by WilhaLui that proof of publication of notice of public hearing on five year site development plan for an area South of East Donald Street and West of Elk Run Road, upon request of Deere and Company, upon recommendation of Plan and Program Commission and Council's own motion, as published in Waterloo Courier on 5/27/76, be received and placed on file. Motion carried. 70155 - The Mayor called for oral and written objections, there were none, and the hearing was closed. Moved by Dowie, seconded by Bowers that "Resolution approving five year site development plan for an area South of East Donald Street and West of Elk Run Road", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24600. 70156 - W. Louis Beecher, Atty., thanked the Mayor, the Council and others, for all the courtesies extended to Deere & Company, and particularly the farm people from whom fourteen farm properties were acquired at personal sacrifice. He hoped the people in Waterloo and those who work at the new installation would appreciate what the farm people did in giving up their homes and relocating their farms. 70157 = Moved by Bowers, seconded by Dowie that proof of publication of notice of public hearing on revised site development plan for Timberline Patio Homes, upon request of Jay Culver, upon recommendation of Plan and Program Couuuission and Council's own motion, as published in Waterloo Courier on 5/27/76, be received and placed on file. Motion carried. 70158- The Mayor called for oral and written objections, there were none, and the hearing was closed. Moved by Roehr, seconded by Bowers that "Resolution approving revised site development plan for Timberline Patio Homes", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24601. 70159 - Moved by Dowie, seconded by Roehr that proof of publication of notice of public hearing on revised site development plan for Lot 54, South- gate Third Addition, upon request of Harold Michels for Frank Cooper, upon recommendation of Plan and Program Couuuission and Council's own motion, as published in Waterloo Courier on 5/27/76, be received and placed on file. Motion carried. 70160 -- The Mayor called for oral and written objections, there were none, and the hearing was closed. Moved by Roehr, seconded by Wilharm that "Resolution approving revised site development plan for Lot 54, Southgate Third Addition", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24602. 70161 - Moved by Wilharm, seconded by Roehr that proof of publication of notice of public hearing on rezoning, upon request of Anita Andries for Gerold 0. Robinson and Carol A. Robinson, upon recommendation of City Zoning Commission and Council's own motion, to rezone from "A-1" Agricultural District and "R-1" One and Two Family Residence District to "C-1" Commercial District a tract of land lying West of Logan Avenue and South of the Midwest Garden of Memories Cemetery in Section 2 -89N -13W, as published in Waterloo Courier on May 27, 1976 be received and placed on file. Motion carried. _ 2 _ 70162 - The Mayor called for oral and written no written objections had been filed, by: James Anderson 3630 Logan Avenue, Speaking in favor was: Anita Andries, support, from Merle and Wilma Loomis, objections, the Clerk reported and oral objections were made Lee Heidlebaugh, 3760 Logan Avenue. who presented a petition of 3650 Logan Avenue, et al. Moved by Roehr, seconded by Bowers that the above oral objections and support petition be received and placed on file. Motion carried. 70163 - There was a lengthy discussion and mentioned was the C-1 area would cover about four acres, the Department of Transportation would grant a commercial access if applied for, and concern as to additional traffic being generated on Highway #63. Moved by Bowers, seconded by Dowie that the above objections be over- ruled. Motion carried. 70164 - Moved by Bowers, seconded by Dowie that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 95 to Section 2A-5, re- zoning certain property", be considered and passed for the first time. Ayes: Seven. Motion carried. 70165 - The Engineers recouuuended acceptance of the low bid of Lunda Construction Company of Black River Falls, Wisconsin in amount of $2,450,378.91, for Demolition and Reconstruction of Sans Souci Bridges, Westfield -Virden Urban Renewal Project R-7, Contract No. 11. Moved by Roehr, seconded by Wilharm that the above recommendation be received, placed on file, and "Resolution accepting bid of Lunda Con- struction Company in amount of $2,450,378.91 for Demolition and Re- construction of Sans Souci Bridges, Westfield -Virden Urban Renewal Project R-7, Contract No. 11", adopted. Ayes: Seven. Resolution a- dopted and upon approval by Mayor, assigned No. 24603. 70166 - Crestview Avenue residents John Burroughs, Pauline Horan, William Sul- entic, Mrs. Will Hitchcock, also Frank Ruby, 668 Sheridan Road, and others, reported: a 2" rain backs up in the various area basements, which have sump pumps and some two; the condition didn't exist until Lynkaylee, Meadow Lane and other area streets were opened and drained into this area; the drainage problem was in a nine square block area served by only six catch basins; they were concerned about the new development to be built in the area, Temporary relief was requested and suggested was flushing the sanitary sewer to remove debris. Mayor Rooff stated he, the Sewer Dept. Superintendent and City Engineer would make an inspection to see what could be done; the problem was the storm water was run into the sanitary sewer and the situation may be the same after the study but the City could at least take care of the rain water. 70167 Moved by Wilharm, reporting on the and recommending a detailed flood received, placed seconded by Getty that communication from City Engineer, drainage problems in the Delane Street stolui sewer area, peiwission be granted to employ a consultant to complete control study, at an estimated cost of $11,000, be on file and approved. Ayes: Seven. Motion carried. _ Terry Sellers told the Council the bench would be on a 5 x 5 cement slab, he would keep it clean in the summer and shovel the snow in the winter. Mayor Rooff commended him for this project. Moved by Bowers, seconded by Roehr that communication from Building Administrator, recommending Terry Sellers be granted pe mission to place a bus stop bench at 1801 Sager Avenue, pursuant to Section 33-54 of City Code of Ordinances, as an Eagle Scout project, as shown on the sketch and picture, be received, placed on file and permission granted. Motion carried. 70168 - Edna Wheaton, 7252 Vinton Street, and Mrs. Bogardus, West 6th Street, inquired about the low rent housing project for elderly, and reported the Chamber of Commerce informed them they were too far down on the waiting list to get a unit. June 14, 1976 3 70168 - (Continued) Mayor Rooff reported there were two projects; one section of low rent housing dealt with private enterprise owning the project and the federal government paying subsidy; and the other, where the project was built with federal funds and there was no need to show a profit. On the West Ridgeway Avenue Housing for Elderly project, the Dept. of Housing and Urban Development set the average rent at about $0.00 per month, with some paying more and some less, with a minimum of $60.00 per month, and a clause that the tenant could not pay more than 25% of his income. Mayor Rooff stated this was a federal government rule and the City could do nothing about it, that he had pleaded with HUD to let the low income people in who were willing to pay more than 257 of their income. 70169 - Councilperson Lichty reported receiving several calls about swimming pools in private yards not being covered when not in use. Mayor Rooff stated the ordinance would be checked for violation. 70170 - Moved by Bowers, seconded by Dowie that certified check in the amount of $1,000 in lieu of Refuse Disposal Bond from Canfield Development Co. for operation of a private landfill east of Airport Road and south of Highway #57, be received, placed on file, approved and permission granted to operate said private landfill in accordance with ordinance governing same. Motion carried. 70171 - Moved by Bowers, seconded by Dowie that communication from Couuuunity Development Administrator, transmitting Grant Agreement Contract with U.S. Department of Housing and Urban Development for Community Devel- opment Block Grant in the amount of $1,182,000, and recommending ap- proval, be received, placed on file, and "Resolution approving and providing for the execution of Housing and Community Development Block Grant Contract No. B -76 -MC -19-0008 by and between the City of Waterloo, Iowa, and the U.S. Department of Housing and Urban Development", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24604. 70172 - Richard Schultz, 800 Easton Avenue, strenuously protested increasing the sewage disposal charge to 100% of water bill incurred for water consumption during the winter quarter, stating his protest was not being given consideration and that the City was not trying to live with the budget as the State had just approved. Mayor Rooff countered that the majority ruled, that the user should pay for the services, and there was no way to run the City for less dollars. Councilperson Lichty stated the 407 increase could make a hardship for the elderly and the young people with small children, She asked if there could be some other way to raise the money needed for the sewage dis- posal plant operation. Mayor Rooff challenged her to submit a list showing where the budget could be cut further. 70173 - Councilman Getty questioned why the City would pay the Water Works, which was a part of the City, for billing, printing, computor costs, postage, armored car pick up, etc., and Mayor Rooff stated it was cheaper for them to do the work. Moved by Dowie, seconded by Bowers that Sewage and Garbage Billing Agreement dated 6/14/76 between City of Waterloo and Waterloo Water Works Board of Water Works Trustees, be received, placed on file and "Resolution approving the Sewage and Garbage Billing Agreement and au- thorizing the Mayor and Clerk to execute same", adopted. Ayes: Bowers, Dowie, Geiger, Roehr, and Wilharm. Nays: Getty and Lichty. Resolution adopted and upon approval by Mayor, assigned No. 24605. 70174 - Moved by Roehr, seconded by Bowers that Change Order No. 4 at no change in contract cost for River Road, Stage II, Contract No. 150, for work.' performed by Irving F. Jensen Co., Inc., Sioux City, Iowa, and Community Development Administrator's recommendation for approval, be received, placed on file, approved and Mayor and Clerk authorized to execute same. Ayes: Seven. Motion carried. June 14, 1976 - 4 - 70175 Moved by Wilharm, seconded by Roehr that "An Ordinance repealing and amending parts of Chapter 34, Sewers", be considered and rules requiring ordinances to be voted on at two prior meetings, suspended, and said Ordinance passed for the second and third times and placed on final adoption. Ayes: Bowers, Geiger, Roehr and Wilharm. Nays: Dowie, Getty and Lichty. Motion not carried. 70176 - Moved by Wilharm, seconded by Roehr that "An Ordinance repealing and amending parts of Chapter 34, Sewers", be considered and passed for the second time. Ayes: Bowers, Dowie, Geiger, Getty, Roehr and Wilharm. Nays: Lichty. Motion carried. 70177 - Matters concerning the raising of funds to defray the cost of construct- ing flood protection, bridge, street and sewer works and facilities for said City were discussed, whereupon Councilman Getty introduced and caused to be read in full a resolution entitled "Resolution to fix a date of meeting at which it is proposed to institute proceedings for the issuance of $2,500,000 Corporate Purpose Bonds". Moved by Getty, seconded by Roehr that "Resolution to fix a date of meeting at which it is proposed to institute proceedings for the is- suance of $2,500,000 Corporate Purpose Bonds", be adopted, and date set as June 28, 1976. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24606. 70178 - Moved by Getty, seconded by Roehr that comwaunication from Community Development Administrator, transmitting proposed resolution establishing fair reuse value and recommending approval, be received, placed on file and "Resolution establishing fair reuse value for certain parcel to be disposed of in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24607. 70179 - Moved by Dowie, seconded by Bowers that the offer of Fay Farley to purchase Disposal Parcel No. I -4(p) in Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, 18 Franklin Street, for the sum of $50.00, for side yard purposes, and report of Conmiunity Development Board they approved said sale, be received, placed on file, "A resolution author- izing the sale of Disposal Parcel No. I -4(p) in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7", adopted and hearing set for July 19, 1976 at 7:00 P.M.. Ayes: Seven. Resolution adopted and upon - approval by Mayor, assigned No. 24608. 70180 Moved by Dowie, seconded by Roehr that statement from Brice, Petrides & Associates, Inc., for Contract No. 142, and Community Development Board request for approval and payment, be received, placed or file and "Res- olution accepting the statement dated 6/1/76 from Brice, Petrides & Ass- ociates, Inc. for engineering services for River Road, Stage I, Contract No. 142, and certifying and authorizing payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24609. 70181 - Moved by Roehr, seconded by Wilharm that a statement from Brice, Petrides & Associates, Inc. for Contract No, 147, and Community Development Board request for approval and payment, be received, placed on file and "Res- olution accepting the statement dated 6/1/76 from Brice, Petrides & Associates, Inc. for engineering services for West Park Avenue Area Paving, Sewers and Incidentals, Contract Noe 147, and certifying and authorizing payment accordingly", adopted, Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24610. 70182 - Moved by Bowie, seconded by Wilharm that a statement from Brice, Petrides & Associates, Inc. for Contract No. 153, and Community Development Board request for approval and payment, be received, placed on file and "Res- olution accepting the statement dated 6/1/76 from Brice, Petrides & Associates, Inc. for engineering services for Chautauqua Park Area Paving Sewers and Incidentals, Stage I, Contract No. 153, and certifying and authorizing payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24611. June 14, 1976 - 5 - 70183 Moved by Geiger, seconded by Bowers that Estimate #10 Report for Con- tract No. 150, with Comulunity Development Board's recouuaendation 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 accord- ingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24612. 70184 - Moved by Geiger, seconded by Dowie that Estimate #2 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, Contract No. 154, and certifying payment accord- ingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24613. 70185 - Moved by Getty, seconded by Wilharm that "BILLS resolution, Schedule A", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24614. 70186 - Moved by Getty, seconded by Wilharm that "BILLS resolution, Schedule B", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24615. 70187 - Moved by Dowie, seconded by Bowers that communication from City Engin- eer, recommending the Council approve the 1976 Sidewalk Repair Program consist of the following two project areas and authorize the Engineer- ing Department to begin special assessment proceedings for said con- struction, be received, placed on file, program approved and authoriza- tion granted: 1 - The residential area bound by Independence Avenue to Vine Street between Idaho Street and Steely Street; 2 - The west side downtown area from Washington Street to the River, between Park Avenue and 6th Street. Motion carried. 70188 - Councilman Wilhelm asked the City Engineer to pursue if it would be permissible to construct sidewalk on one side of a street and assess both sides of that street. Councilman Getty opposed sidewalk on Woodmayr Drive, stating sidewalks should be constructed at the time of developing an addition and not after landscaping improvements are made. Donald Street was discussed; also, that sidewalks be constructed only on petition. City Engineer Radue presented an objection petition to sidewalk on Wood- mayr Drive, Oakwood Drive and Greenbrier Road. Moved by Dowie, seconded by Bowers that the above objection petition be received and placed on file. Motion carried. 70189 - Moved by Roehr, seconded by Dowie that communication from City Engineer, reporting on the proposed 1976 New Sidewalk Program, and recommending approval and Engineering Department be authorized to begin special assessment proceedings, be received, placed on file, alternate Donald Street from Logan Avenue to Niles Street ordered included in said Pro- gram, Program approved and authorization granted. Motion carried. 70190 - Moved by Bowers, seconded by Dowie that the communication from the Asst. City Attorney, reporting notice had been served on Opal I. and Donald R. Francis, husband and wife, for the removal of diseased Dutch Elm tree from the property at 615 Ricker Street, Lot 4, Block 4, Peek's 2nd Addition, and requesting Council to set a date of hearing and publish notice for the owners to show cause why the City of Waterloo should not remove the diseased Dutch Elm tree and assess the cost thereof against the real estate, be received, placed on file and "Resolution fixing the time and place of hearing on a proposal to remove diseased Dutch Elm tree and levy assessment therefor, and instructing the City Clerk to publish the necessary notice", adopted, and date of hearing set as June 28, 1976 at 7:00 P.M.. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24616. June 14, 1976 - 6 - 70191 - Moved by Dowie, seconded by Bowers mission to attend a function, with shown, be received, placed on file 1976 National I.A.A.M. Convention, 15, 1976, $650.00. Ayes: Seven. that the following request for per - expenses allowed not to exceed amount and approved: Conway Manager to New Orleans, Louisiana, July 11 thru Motion carried. 70192 Moved by Roehr, seconded by Geiger that following applications and fees for Beer Permits., be received, placed on file, approved and forwarded to the Iowa Beer and Liquor Control Department: Beer Class C Osna Goldstein dba Hollandale Grocery & Market, 1955 Washington St. Kimball Grocery Corporation dba Kimball S & S, 2206 Kimball Ave. Motion carried. 70193 - Moved by Roehr, seconded by Getty that Sixteen (16) 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. 70194 Moved by Geiger, seconded by Lichty that the report of City Attorney and list of bonds filed with Clerk through 6/14/76, be received, placed on file and approved. Motion carried. 70195 - Moved by Geiger, seconded by Getty that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk June 14, 1976