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HomeMy WebLinkAbout08/23/1976August 23, 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 August 23, 1976. Mayor Pro Tem Wilharm in the Chair. On roll call, Present: Bowers, Dowie, Geiger, Getty, Lichty, Roehr and Wilharm. Absent: None. Invocation by Councilman Geiger. 70589 - Moved by Dowie, seconded by Roehr that the Agenda, as amended, for the Regular Session of August 23, 1976 at 7:00 P.M., be accepted and approv- ed. Motion carried. 70590 - Moved by Roehr, seconded by Bowers that the Minutes of the Regular Ses- sion held August 16, 1976 at 7:00 P.M., be approved. Motion carried. 70591 - Moved by Bowers, seconded by Dowie that proof of publication of notice of public hearing to vacate, sell and convey to Ralph Walls, et al, all the east -west alley located between Forest and Hawthorne Avenues and west of West Eleventh Street, as published in the Waterloo Courier on August 12, 1976, for 5c a square foot plus costs, be received and plac- ed on file. Motion carried. 70592 - The Mayor Pro Tem called for oral or written objections, and there were none. Moved by Roehr, seconded by Dowie that "Ordinance vacating all the east - west alley located between Forest and Hawthorne Avenues and west of West Eleventh Street", be considered and passed for the first time. Ayes: Seven. Motion carried. 70593 - Moved by Roehr, seconded by Bowers that proof of publication of notice of public hearing to sell Disposal Parcel No. H-3 in Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, 105 Jefferson Street, as published in Waterloo Courier on 7/22/76, to Fuel Oil Service Company, be received and placed'on file. Motion carried. 70594 - The Mayor Pro Tem called for oral and written objections, and there were none. Moved by Bowers, seconded by Getty that "A resolution approving the sale of Disposal Parcel No. H-3 in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, and authorizing the execution of the neces- sary contract for sale of land for private redevelopment and deed", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 24730. 70595 - Assistant City Attorney Kennedy presented a Special Warranty Deed dated 5/14/76 from Robert Buckmaster and Grace L. Buckmaster, Blair C. Wood and Eleanor Wood and Oswald Thorson and Maxine R. Thorson conveying unto the City of Waterloo "All that part of Lot 25, in Four Seasons Park lying Easterly of the Easterly line of Parrish Street and Norther- ly extension thereof", for road purposes. Moved by Roehr, seconded by Bowers that the above Special Warranty Deed be received and placed on file. Motion carried. 70596 - A discussion followed on reason for conveyance, establishment of owner responsibility for payment of future street improvements, etc. Moved by Roehr, seconded by Dowie that "Resolution approving and ac- cepting Special Warranty Deed dated 5/14/76 from Robert Buckmaster, Grace L. Buckmaster, Blair C. Wood, Eleanor Wood, Oswald Thorson and Maxine R. Thorson, conveying unto City of Waterloo, Iowa a Part of Lot 25, in Four Seasons Park", be adopted. Ayes: Seven. Resolution adopt- ed and upon approval of Mayor Pro Tem, assigned No. 24731. 70597 - City Engineer Radue presented the request of Wesley Weissman of Weiss- man Industries, Inc. for permission to fill part of a ravine on the west end of existing warehouse at 700 Falls Avenue for beautification purposes, with the fill to be purchased from the City, and recommended approval with City Engineer and Property Administrator authorized to proceed accordingly. Moved by Roehr, seconded by Bowers that the above request of Wesley Weissman and recommendation of City Engineer, be received, placed on file and permission granted. Motion carried. - 2 - 70598 - FrancisWeit1,3007 Ansborough Avenue, presented a petition demanding the Quik Trip store at 3012 Ansborough Avenue (1) either be closed or hours restricted to a maximum closing time of 10 P.M., (2) restriction of in- tensity of lights and number of outside lights, (3) requirement of two attendants at all times, (4) elimination of gasoline fumes, (5) removal of pin ball machine and (6) patrons to no longer disturb the peace and quiet by noisy mufflers and screeching tires, not loiter in and around premises, not use loud and profane language, refrain from dumping lit- ter on street and adjacent properties and not trespass on private pro- perty. She read a letter from State Senator Nolting reporting results of his investigation. Moved by Getty, seconded by Roehr that the above petition be received and placed on file. Motion carried. 70599 - Councilman Roehr reported this parcel of land was zoned "C-1" Commer- cial District in 1947, and not platted until 1952. A discussion fol- lowed on this being a police problem, that a member of police department talk to Quik Trip and give this closer supervision, and manager to con- trol loitering of juveniles. 70600 - Lane Wagner, representinglowa State Snowmobile Association, in connec- tion with opening of county trails, requested use of several areas within city boundaries for fuel and food purposes, and presented a map showing areas (1) South side of Ridgeway Avenue 2 mile west of Highway 63, down Highway 63 between the Highway and Railroad tracks, (2) west side of Highway 21 to 412 toward Crossroads Shopping Center (3) across Highway 218 by Erickson Holiday Fuel Station, (4) between Highway 20 East and Illinois Central Railroad, (5) North of Garden of Memories Cemetery along Big Rock Road to Beaman's Truck Stop, and others. Asst. City Attorney Kennedy reported the City had an ordinance prohibi- ting snowmobiles and the flood control dikes could not be used because of restrictions of Army Corps of Engineers. Moved by Roehr, seconded by Lichty that this above request and map be received, placed on file and referred to the proper City Officials for further check and report back. Motion carried. 70601 - Mrs. Jerry Hardy, 320 Hartman Avenue, requested a meeting with Quintin Parker of Sign and Traffic Department, to discuss several traffic prob- lems in the Hartman and Janney Avenue area, such as speed limit, erec- tion of signs. A discussion followed, Mrs. Hardy suggested the time be 3:30 or 4:00 P.M. or maybe in the evening and was asked if the resi- dents would come to City Hall. Moved by Roehr, seconded by Getty that the above request be received, placed on file, and said meeting be arranged with Quintin Parker. Motion carried. 70602 - Moved by Dowie, seconded by Bowers that communication from City Plan and Program Commission, transmitting request of City Engineer for review and approval of a road connection on U.S. Highway No. 63 South between Shaulis Road and Ranchero Road, and recommending approval of a road connection on U.S. Highway No. 63 South between Shaulis Road and Ranchero Road directly across from the access allowed to Southland Park, Inc. subject to adequate footage for a frontage road being pro- vided westerly of the Chicago Northwestern Railroad tracks, be received, placed on file and recommendations approved subject to approval of Iowa Department of Transportation and Chicago Northwestern Transportation Company. Motion carried. 70603 - Moved by Bowers, seconded by Dowie that communication from City Engi- neer, transmitting a request, fee and Certificate of Insurance from Siebert & Associates Contracting, Inc., Michigan City, Indiana, for permission to use explosives for Sans Souci Railroad Bridge Demolition, and recommending approval for three days between August 23 and Septem- ber 3, 1976 between 6:00 and 9:00 P.M. with Conger Street traffic and Cedar River Boat traffic to be closed off and subject to the provisions of his letter, be received, placed on file, recommendations approved and permission granted in accordance therewith and subject to the pro- visions of City Code Section 13-18. Motion carried. August 23, 1976 - 3 - 70604 Moved by Geiger, seconded by Getty that request from Dale J. Clark Contracting Co. for permission to remove concrete curb and to construct a 30' commercial curb cut for the John Deere Waterloo Tractor Works on Commercial Street, as shown on attached plat, and City Engineer's recom- mendation for approval subject to the provisions of his letter, be re- ceived, placed on file, recommendations approved and permission granted in accordance therewith. Motion carried. 70605 - Moved by Getty, seconded by Roehr that communication from Black Hawk County Auditor, advising an offer has been made on 8/16/76 for the following property in the amount shown on which Black Hawk County holds title, and requesting Council approval to accept same subject to City of Waterloo waiving all special assessments and City to receive all proceeds from the sale, be received, placed on file and approved: Description Lane & Fowlers Third Addition South 50' of Lot 2, Block 19, except the west eleven feet Special Amt. to Assessment be waived Bid $731.13 -631.13 $100 Ayes: Seven. Motion carried 70606 - Moved by Bowers, seconded by Dowie that the communication from City Plan and Program Commission, transmitting request and attached print from Community Development Administrator for the vacation of All of the Alley in Block 6, Original Plat of East Waterloo, and recommending approval subject to retention of construction easement for the repair and maintenance of the water main located in the alley until said main is abandoned or relocated, be received, placed on file and "Resolution fixing the time and place of hearing and notice to be given relative to vacation of All of the Alley in Block 6, Original Plat of East Waterloo, as September 7, 1976 at 7:00 P.M. in the Council Chambers of the City Hall, and instructing the Clerk to publish the required notice of hearing", adopted. Ayes: Seven. Resolution adopted and upon ap- proval by Mayor Pro Tem, assigned No. 24732. 70607 - Moved by Roehr, seconded by Getty that the communication from City Plan and Program Commission, transmitting request, attached print and pro- posed ordinance from the Community Development Administrator for the vacation of portions of streets and alleys in Westfield Addition and Vaughan Subdivision of Block 22, Westfield Addition, and recommending approval subject to retention of a construction easement on all the streets and alleys described in attached Exhibit "A" until the utili- ties are either abandoned or relocated to the permanent easements to be retained, be received, placed on file and "Resolution fixing the time and place of hearing and notice to be given relative to vacation of portions of streets and alleys in Westfield Addition and Vaughan Subdivision of Block 22, Westfield Addition, as September 7, 1976 at 7:00 P.M. in the Council Chambers of the City Hall, and instructing the Clerk to publish the required notice of hearing", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 24733. 70608 - Moved by Getty, seconded by Bowers that the communication from the City Plan and Program Commission, transmitting the request of Assistant City Attorney for vacation of All of the Alley in Block 5, James Eggers Addi- tion, as shown on attached print, and recommending approval, be receiv- ed, placed on file and "Resolution fixing the time and place of hearing and notice to be given relative to vacation of All of the Alley in Block 5, James Eggers Addition as September 7, 1976 at 7:00 P.M. in the Council Chambers of City Hall, and instructing the Clerk to publish the required notice of hearing", adopted. Ayes: Seven. Resolution adopt- ed and upon approval by Mayor Pro Tem, assigned No. 24734. 70609 - Moved by Dowie, seconded by Bowers that communication from City Engi- neer, transmitting an Offer to Buy Part of Section 33-89-13, adjacent to 1418 West Ridgeway Avenue, for $76.50 and costs, from Eugene R. Westemeier, and recommending approval with retention of a drainage easement, be received, placed on file and "Resolution fixing the time and place of hearing as September 7, 1976 on proposal to dispose of Part of Section 33-89-13, adjacent to 1418 West Ridgeway Avenue, to Eugene R. Westemeier for $76.50 and costs", adopted and Clerk instruct- ed to publish notice of hearing. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 24735. August 23, 1976 - 4 - 70610 - Under Council Action #70555 of 8/16/76 Park Lane in the 1976 New Side- walk Program, Contract No. 44, was to be brought back on 8/23/76 for consideration. 70611 - Susan Way, 2612 Highview Avenue, supported sidewalk on Park Lane. A discussion followed on percentage of objectors and residents for side- walks on both sides of street, and north side only, Community Develop- ment Administrator Mercer reported this street would not qualify for Block Grant Funds, Yale Kraemer felt that both Cresthaven and Hoover Schools should be treated alike, Norman Hansen said he now opposed sidewalk. Moved by Dowie, seconded by Bowers that petition of Edwin A. Tennyson, 113 Park Lane, et al, objecting to sidewalk for both sides of Park Lane from Kimball Avenue to West 9th Street, be received, placed on file, overruled and the north side only of Park Lane retained in the 1976 New Sidewalk Program, Contract No. 44. Ayes: Bowers, Dowie and Roehr. Nayes: Geiger, Getty, Lichty and Wilharm. Motion not carried. Moved by Getty, seconded by Lichty that "Resolution sustaining the objections to construction of sidewalk on Cedar Bend Street, from Oakwood Drive to Donald Street, west side only, Donald Street, from Logan Avenue to Niles Street, both sides, Greenbrier Road, from Wood- mayr Drive to Golden Valley Drive, both sides, Hillcrest Road, from Ridgeway Avenue to Hoover School, both sides, Idaho Street, from Alta Vista Avenue to Willow Street, east side only, Oakwood Drive, from Candlewick Road to Cedar Bend Street, both sides, Park Lane, from Kimball Avenue to West Ninth Street, both sides, Ridgeway Avenue, from West Ninth Street to Wisconsin Street, both sides, Woodmayr Drive, from Candlewick Road to Cedar Bend Street, both sides, under the New 1976 Sidewalk Program, Contract No. 44", adopted. Ayes: Seven. Reso- lution adopted and upon approval by Mayor Pro Tem, assigned No. 24736. 70612 - Moved by Getty, seconded by Lichty streets in the proposed Resolution walk Program, Contract No. 44", be adopted and upon approval by Mayor that "Resolution deleting all of Necessity for the 1976 New Side - adopted. Ayes: Seven. Resolution Pro Tem, assigned No. 24737. 70613 - Moved by Roehr, seconded by Getty that Preliminary Plat of Bronson Addition with City Engineer's Report, Deed of Dedication, City Plan and Program Commission's resolution of approval and recommendation for Council approval, be received, placed on file and "Resolution ap- proving the Preliminary Plat of Bronson Addition in the City of Water- loo, Black Hawk County, Iowa", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 24738. 70614 - The drainage problem was discussed at length. Moved by Getty, seconded by Roehr that Preliminary Plat of Westbourne Terrace Third Addition with City Engineer's Report, Deed of Dedication, City Plan and Program Commission's resolution of approval and recom- mendation for Council approval, be received, placed on file and "Reso- lution approving the Preliminary Plat of Westbourne Terrace Third Addition", adopted. Ayes: Bowers, Dowie, Geiger, Getty, Roehr and Wilharm. Nay: Lichty. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 24739. 70615 - Moved by Getty, seconded by Roehr that Final Plat of Westbourne Ter- race Third Addition, 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 Council approval, be received, placed on file and "Resolution approv- ing the Final Plat of Westbourne Terrace Third Addition in Waterloo, Iowa", adopted. Ayes: Bowers, Dowie, Geiger, Getty, Roehr and Wil - harm. Nay: Lichty. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 24740. 70616 - Moved by Getty, seconded by Roehr that Preliminary Plat of Parkridge Addition, with City Engineer's Report, Deed of Dedication, Plan and Program Commission's resolution of approval and recommendation for Council approval, be received, placed on file and "Resolution approv- ing the Preliminary Plat of Parkridge Addition, Waterloo, Black Hawk County, Iowa", adopted. Ayes: Dowie, Geiger, Getty, Roehr and Wilharm. Nayes: Bowers and Lichty. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 24741. August 23, 1976 - 5 - 70617 - The location of the propane gas tank was discussed. Moved by Bowers, seconded by Getty that communication from Plan and Program Commission, transmitting construction plans for a mobile home park east of Logan Avenue (U.S. Hwy. #63) and South of East Airline Hiway, known as Twin Pines Mobile Home Park owned by Brainard Invest- ments, together with applications and fee for a license to operate a mobile home park, Iowa Department of Transportation Application for use of Highway Right -of -Way for Utilities Accommodation, Form #562, for sanitary sewer line, and Application for Entrance Permit on Pri- mary Road #63 in Section 12 -89N -13W, and recommending approval, be received, placed on file, approved subject to modification be made to the plans to divert storm water runoff from the site to Logan Avenue via a ditch at the southern edge of the park, and the City Clerk authorized to sign the above applications. Motion carried. 70618 - Moved by Roehr, Report for July Receipts $3,083 7/31/76 $11,869 ried. seconded by Lichty that City Treasurer's Financial , 1976, showing Balance on Hand on 7/1/76 $11,717,629.48, ,907.26, Disbursements $2,931,918.25, Balance on Hand ,618:49, be received and placed on file. Motion car - 70619 - Moved by Getty, seconded by Roehr that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub-Seciton No. 96 to Section 2A-5, rezoning certain property", 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: Seven. Motion carried. 70620 - Moved by Getty, seconded by Dowie that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 96 to Section 2A-5, rezoning certain property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem, assigned No. 2833. 70621 - Moved by Roehr, seconded by Dowie that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 97 to Section 2A-5, re- zoning certain property", 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: Seven. Motion carried. 70622 - Moved by Roehr, seconded by Dowie that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 97 to Section 2A-5, rezoning certain property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem, assigned No. 2834. 70623 - Moved by Getty, seconded by Roehr that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 99 to Section 2A-5, rezoning certain property", be considered and rules requiring ordin- ances 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: Seven. Motion carried. 70624 - Moved by Bowers, seconded by Getty that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 99 to Section 2A-5, rezoning certain property", be adopted. Ayes: Seven. Ordin- ance adopted and upon approval by Mayor Pro Tem, assigned No. 2835. 70625 - Moved by Roehr, seconded by Bowers that statement from Wayne Claassen Engineering & Surveying, Inc, for engineering services to provide certified field surveys and property plats for sewer easements for Guernsey's Orange View Sanitary Sewer Outfall, Contract No. 187, and City Engineer's recommendation for approval, be received, placed on file and "Resolution accepting the statement dated 6/30/76 for engineering services for Guernsey's Orange View Sanitary Sewer Out- fall, Contract No. 187, and authorizing payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 24742. 70626 - Moved by Dowie, seconded by Bowers that Estimate #5 Report for Contract No. 154, with Community Development Board's recommendation for approv- al, be received, placed on file and "Resolution approving Report for work and materials furnished by Irving F. Jensen Co., Inc. for Chau- tauqua Park Area, Stage II, Contract No. 154, and certifying payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 24743. August 23, 1976 - 6 - 70627 - Moved by Geiger, seconded by Dowie that Estimate #13 Report for Con- tract No. 13 with Community Development Board's recouauendation for approval, be received, placed on file and "Resolution approving Re- port for work and materials furnished by Irving F. Jensen Co., for River Road, Stage II, Contract No. 150, and certifying payment ac- cordingly", adopted. Ayes: Seven. Resolution adopted and upon ap- proval by Mayor Pro Tem, assigned No. 24744. 70628 - Moved by Getty, seconded by Roehr that "Resolution, BILLS", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 24745. 70629 - Moved by Bowers, seconded by Dowie that the following request for per- mission to attend function, with expenses allowed not to exceed amount shown, be received, placed on file and approved: Personnel Director and Assistant to League of Iowa Municipalities Municipal Employment Relations Council Meeting, Ankeny, Iowa, September 1 and 2, 1976, $90.00 plus use of City car. Ayes: Seven. Motion carried. 70630 - Moved by Getty, seconded by Lichty that request of Cedarloo Raceway, Inc. dba Tunis Speedway to change date of fireworks display at 3717 University Avenue, to September 5, 1976 with alternate dates of September 6 and 12, 1976 in case of inclement weather, together with endorsement to Bond No. IA 344745, be received, placed on file and approved. Motion carried. 70631 - 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 C John L. Siech dba Siech's Varly Drug, Inc., 908 LaPorte Road Beer and Liquor - Class C George J. Jones dba George's Lounge, 2844 Lafayette Street Lester Harlin Rand & Miriam Lorraine Rand dba L & M Tap, 1607 Sycamore Street LaDonna Marter dba Newell Street Johnette Reed dba Park Road Inn, 306 Park Vendafoods, Inc. dba Black Hawk Catering, Sunday Sales - Beer and Liquor - Class C George J. Jones dba George s Lounge, 2844 Vendafoods, Inc. dba Black Hawk Catering, Motion carried. Porky's Red Carpet Supper Club & Lounge, 1409 Road Inc., 2700 Falls Avenue Lafayette Street Inc., 2700 Falls Avenue 70632 - Moved by Bowers, seconded by Geiger that the fo for permission to sell cigarettes, be received, granted: Siech's Varly Drug, Inc., 908 LaPorte Road Riebe's Enterprise, Inc. dba Ron's Super Valu, 1319 Washington Street lowing applications placed on file and Motion carried. 70633 - Moved by Getty, seconded by Geiger that the application and fee of Kera Lyn Shogren, 641 West 2nd Street, Ottumwa, Iowa, for a Massage Technician Permit, be received, placed on file and granted subject to the requirements of ordinance governing same. Motion carried. 70634 - Moved by Geiger, seconded by Getty that the application and fee from Metropolitan Patient Transfer, Inc., 4304 Rownd Street, Cedar Falls, Iowa, for one Ambulance License, be received, placed on file and granted. Motion carried. 70635 - Moved by Geiger, seconded by Lichty that report of City Attorney and list of bonds filed with Clerk through 8/23/76, be received, placed on file, and report and bonds as listed, approved. Motion carried. 70636 - Moved by Bowers, seconded by Geiger that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk August 23, 1976