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HomeMy WebLinkAbout08/16/1976August 16, 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 16, 1976. Mayor Rooff in the Chair. On roll call, Present: Bowers, Dowie, Geiger, .Getty, Roehr and Wilharm. Ab- sent: Lichty. Invocation by Councilman Wilhelm. 70547 - Moved by Roehr, seconded by Bowers that the Agenda, as proposed, fori the Regular Session of August 16, 1976 at 7:00 P.M,, be accepted and approved. Motion carried. 70548 - Moved by Dowie, seconded by Getty that the Minutes of the Regular Session held August 9, 1976 at 7:00 P.M., be approved. Motion carried. 70549 - Moved by Getty, seconded by Roehr that the proof of publication of notice of hearing on Proposed Resolution of Necessity for Street Im- provements, 1976 New Sidewalk Program, Contract No. 44, be received and placed on file. Motion carried. 70550 - The Mayor called for oral and written objections. The Clerk reported written objections were filed as follows: 1. Mrs. Madonna Rogge, 1554 East East Ridgeway Avenue; 2. W. Dean Wishmeyer, 1845 East Ridgeway Avenue; 3. Mary Jane Sevatsen, 407 Hillcrest Road, et crest Road; 4. Julia Phillips, Donald Street; 5. Verna L. Hahn, 306 East Donald Street (New Hartford, Iowa) to East Donald Street; 6. H. & F. Realty Co., Inc., to Donald Street from Logan Avenue to Niles Street; 7. Henry P. Sang, 200 East Donald Street, to Donald Street; 8. Lutheran Church of Good Shepherd, 517 East Donald Street, to Donald Street; 9. Oran and Marcia J. Wingler to Idaho Street. 10, Filed under Council Actions #70188 of 6/14/76 and #70290 of 7/6/76 were objections to Woodmayr Drive, Oakwood Drive and Greenbrier Road Ridgeway Avenue, et al, objecting to East Ridgeway Avenue,et al, objecting to a1, objecting to Hill - 400 East Donald Street, et al, objecting to East Moved by Wilharm, seconded by Dowie that the above objections be re- ceived and placed on file. Motion carried. 70551 - Mayor Rooff reported the petitions objecting to (1) Donald Street from Logan Avenue to Niles Street, both sides represented 91% of affected property owners, (2) East Ridgeway Avenue from West Ninth Street to Wisconsin Street, both sides, 757, (3) Hillcrest Road from Ridgeway Avenue to Hoover School, both sides, 96%, and (4) Greenbrier Road from Woodmayr Drive to Golden Valley Drive, both sides, 90%, and recommended deletion. Moved by Getty, seconded by Dowie that the objections to the above named streets, be sustained and said streets deleted from the 1976 New Sidewalk Program, Contract No. 44. Ayes: Bowers, Dowie, Geiger, Getty, Wilharm. Nay: Roehr. Absent: Lichty. Motion carried. 70552 - Richard Price stated the Mayor's Safety Committee's criteria was safety for (1) the children, (2) the handicapped, and (3) the senior citizens. He asked if there was any possibility of block grant funds being avail- able. Mayor Rooff felt the Council should pursue this and, perhaps, the could consider appropriating a portion of city block grant funds each year to constructing sidewalks around school areas. A discussion followed covering fairness, one reason for approving Hyperion Road was safety of children and 178 attended area school. Yale Kramer, 132 Park Lane, reported there was only one speed limit sign and no "caution -School" sign between hospital and school on Park Lane. Mayor Rooff stated 38'/ of affected property owners petitioned for side- walk and Mr. Kramer said some of the people thought they were signing objection petition, Councilman Dowie favored Park Lane being retained in the program and the Park Lane people given the opportunity to secure more signatures for the sidewalks. • 70553 - Mayor Rooff called for objections• to Idaho Street from Alta Vista Avenue to Willow Street, east side only, and reported a petition rep- resenting 46% objectors was on file, Orin Wingler, who would be as- sessed for 1020' of sidewalk, objected due to (1) drainage problem to his agricultural land, {2) if ditch which provides drainage is fill- ed, it would cause ponding, (3) assessment of $5100 not justifiable as property is a long way from development stage, (4) sidewalk mainten- ance would be a serious problem, such as snow shoveling, etc., (5) children would not use sidewalk as those on southern part are bused to school and other children go north to school. Moved by Roehr, seconded by WilhaLuI that the above objections be re- ceived, placed on file, sustained and Idaho Street from Alta Vista Avenue to Willow Street, east side only, deleted from the 1976 New Sidewalk Program, Contract No. 44. Motion carried. 70554 - Mayor Rooff called for objections or support for Cedar Bend from Oak- wood Drive to Donald Street, west side only. Councilman Getty commented he would be opposed to the sidewalk as a property owner. Moved by Roehr, seconded by Wilhaim that the entire 1976 New Sidewalk Program, Contract No. 44, be deleted, the City Engineer instructed to maintain the specifications, plans, etc., and the Council to consider appropriating block grant funds each year to constructing sidewalks starting with those closest to school. Ayes: Getty, Roehr and Wil - halm. Nays: Bowers, Dowie and Geiger. Absent: Lichty. Mayor de- clared a tie vote. 70555 - Councilman Getty asked if the nay votes to the motion were due to deletion of Park Lane and if Park Lane would be removed from the motion to allow time for the residents to deteLatine if they wanted this sidewalk, with the provision that Park Lane would be brought back next week, if the Council members casting nay votes would vote affirm- ative. The answer was yes. Moved by Roehr, seconded by Dowie that the entire 1976 New Sidewalk Program, Contract No. 44, with the exception of Park Lane be deleted, with said Park Lane to be brought back for Council consideration on August 23, 1976, the City Engineer instructed to maintain the specifi- cations, plans, etc., and the Council to consider appropriating block grant funds each year to constructing sidewalks around schools. Ayes: Six. Absent: Lichty. Motion carried. 70556 - A resident of the Greenbrier Street stated the speed limit should be reduced to 15 mph and Mayor Rooff said this would be referred to the Sign and Traffic Department for checking. 70557 - Moved by Roehr, seconded by Wilharm that the site development plan and letter from Sunnyside Temple Wesleyan Church stating its intention for use of its property at 3520 Ansborough Avenue, be received and placed on file. Motion carried. 70558 - Moved by Roehr, seconded by Wilharm that proof of publication of no- tice of public hearing on rezoning, upon the request of Iowa District of the Wesleyan Church, Inc., upon recommendation of City Zoning Com- mission and Council's own motion, to rezone from "R-1" One and Two Family Residence to "R-3" Multiple Residence District, Part of Section 5 -88N -13W lying North of Ridgemont Road, West of Ansborough Avenue, SWly of West Ridge Fifth Addition, SEly of West Ridge Third Addition and Ely of West Ridge Fourth Addition, as published in Waterloo Courier on July 29, 1976, be received and placed on file. Motion carried. 70559 - The Mayor called for oral and written objections, and there were none. Moved by Roehr, seconded by Bowers that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 96 to Section 2A- 5, rezoning certain property", be considered and passed for first time. Ayes: Six. Absent: Lichty. Motion carried. August 16, 1976 - 3 - 70560 - Moved by Bowers, seconded by!Getty that proof of publication of notice of public hearing on rezoning, upon the request of Anita Andries, upon recommendation of City Zoning Commission and Council's own motion, to rezone from "A-1" Agricultural District to "C-1" Commercial District a parcel of unplatted land in Section 12 -89N -13W, East side of Logan Avenue and North of Logan Plaza Shopping Center, as published in Waterloo Courier on July 29, 1976, be received and placed on file. Motion carried. 70561 - The Mayor called for oral and written objections and there were none. Moved by Bowers, seconded by Dowie that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 97 to Section 2A-5, rezoning certain property", be considered and passed for first time. Ayes: Six. Absent: Lichty. Motion carried. 70562 - Moved by Roehr, seconded by Wilharm that proof of publication of notice of public hearing on rezoning, upon the request of Everett and Agnes Robertson, upon recommendation of City Zoning Commission and Council's own motion, to rezone from "R-2" One and Two Family Residence District to "C-1" Commercial District, All of Lot 11, Maywood Third Addition, East of Bishop Avenue and South of Dearborn Avenue, as published in the Waterloo Courier on July 29, 1976, be receivedand placed on file. Motion carried. 70563 - The Mayor called for oral and written objections and the Clerk re- ported there were no written objections. Oral objections were made by Gerald Buck, 1220 Schultz Street, Dorothy and Tom Nelson, 500 Bishop Avenue, Sauuuie Jones, 905 Gilbert Street, and others. Mrs. Agness Robertson spoke in support. Mayor Rooff commended the Maywood Civic Group for the work they have done in their area in the past. Moved by Wilharm, seconded by Bowers that the above objections be received, placed on file, sustained and request denied. Ayes: Six. Absent: Lichty. Motion carried. 70564 - Moved by Bowie, seconded by Bowers that proof of publication of notice of public hearing on rezoning, upon the request of Rachel Savereide, 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-2" Commercial District Lots 1 thru 7, "Dean Dale", except that part taken by City by condemnation, West side of Logan Avenue and North of West Airline Hiway, as published in Waterloo Courier on July 29, 1976, be received and placed on file. Motion car- ried. 70565 - The Mayor called for oral and written objections and there were none. John Walker, Atty. for Rachel Savereide, spoke in support and asked that the rules be suspended. Moved by Wilharm, seconded by Bowers that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 99 to Section 2A-5, rezoning certain property", be considered and passed for first time. Ayes: Six. Absent: Lichty. Motion carried. 70566 - Moved by Bowers, seconded by Getty that proof of publication of notice of public hearing on revised site development plan in Crossroads Cen- ter NWly of Crossroads Boulevard and SWly of Sears Drive, upon request of Hardee's Food Systems, Inc., upon Plan and Program Conmiission's rec- ommendation and Council's own motion, as published in Waterloo Courier on July 29, 1976, be received and placed on file. Motion carried. 70567 - The Mayor called for oral and written objections, and there were none. A discussion followed covering cutting of median strip, turns, stacking ability, directional arrows, safety hazard, developer's responsibility for costs and acceptability by Plan and Program Department and City En- gineer. Moved by Bowers, seconded by Wilhelm that "Resolution approving revised site development plan and curb cut location in Crossroads Center North- westerly of Crossroads Boulevard and Southwesterly of Sears Drive", be adopted. Ayes: Six. Absent: Lichty. Resolution adopted and upon approval by Mayor, assigned No. 24724. - 4 - 70568 - Lloyd Jurgensen of Black Hawk Signs, strenuously complained of signs being erected illegally without permits. Mayor Rooff responded that if he was furnished a list, he would see that the ordinance was en- forced, 70569 - Moved by Dowie, seconded by Getty that the offer of Warren Transport, Inc. to purchase Disposition Parcel No. F -6D, in Westfield -Virden Urban Renewal Area, Project Iowa R-7, Falls Avenue-Vaughn-Manhard Area, for the sum of $12,700 for common ground with adjacent property use, and approval report of Community Development Board, be received, placed on file, "A resolution authorizing the sale of Disposal Parcel No. F -6D in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7", adopted and hearing set for September 20, 1976 at 7:00 P.M.. Ayes: Six. Absent: Lichty. Resolution adopted and upon approval by Mayor, assigned No. 24725. 70570 - Moved by Geiger, seconded by Roehr that request from Gary L. Heinick for permission to construct a temporary asphalt driveway at 638 Summit Avenue without regard to sidewalk grade, together with $3.00 for re- cording waiver, and City Engineer's recouwendation for approval subject to the provisions of his letter, be received, placed on file, approved and "Resolution granting peLmission to Gary Lo Heinick and authorizing construction of a temporary asphalt driveway at 638 Summit Avenue ir- respective of a later official grade", adopted. Ayes: Six. Absent: Lichty. Resolution adopted and upon approval by Mayor, assigned No. 24726. 70571 - Moved by Getty, seconded by Dowie that minutes of Community Development Board for their regular meeting held July 13, 1976, be received and placed on file. Motion carried. 70572 - Moved by Roehr, seconded by Bowers that the Financial Report of the Board of Waterloo Water Works Trustees for the Quarter ending June 30, 1976, be received and placed on file. Motion carried. 70573 - Moved by Dowie, seconded by Getty that construction plans for the sanitary sewerage facilities serving Oleson Addition, together with Treatment Agreement Form C 9/75 for Department of Environmental Quality, and City Engineer's recommendation for approval with final acceptance of plans to be reviewed and accepted by said Department, be received, placed on file, recommendations approved and Mayor and Clerk authorized to execute said Agreement Form. Motion carried. 70574 - Moved by Roehr, seconded by Getty that three communications from Mayor Rooff submitting Fred Peterson as Chairman and Russell Lowe as Vice - Chairman of the Community Development Board, and the following names for appointment to said Board, be received, placed on file and ap- proved: Sally Hutchinson, 1241 Ackermant Street, to fill unexpired term of Sid Dudley, ending March 1, 1977. Edward S. Barr, 1423 Baltimore Street, to expire March 1, 1981. Motion carried. 70575 - Moved by Getty, seconded by Dowie that communication from Police Chief reporting retirement of Lt. Willis Mastain, as of 8/12/76, from the Police Department, and entitlement to sixty working days sick leave and twelve vacation days pay, be received, placed on file and "Resolu- tion approving payment of $3,833.63 sick leave and vacation pay to Willis Mastain, retiree of Police Department", adopted. Ayes: Six. Absent: Lichty. Resolution adopted and upon approval by Mayor, as- signed No. 24727, 70576 - Moved by Roehr, seconded by Bowers that communication from City Engin- eer requesting Aquila Court as a private street name within Cedar Knoll Park, being the First Street East of Dysart Road between Cedar Knoll Circle and Kennedy Lane, as shown on attached plat, be received, placed on file, approved and City Attorney instructed to submit an ordinance accordingly. Motion carried. August 16, 1976 - 5 - 70577 - Moved by Bowers, seconded by Wilharm that the City Engineer be in- structed to prepare plans, specifications, estimate of cost, etc. for the 1976 Sidewalk Repair Program, Contract No. 43. Motion carried. 70578 - Moved by Roehr, seconded by Dowie that the City Engineer's plans, specifications, foLu of contract and bond, plats, estimate of costs, etc. for the 1976 Sidewalk Repair Program, Contract No. 43, be re- ceived, placed on file and "Resolution preliminarily approving pro- posed plans and specifications, form of contract, estimate of cost, etc. for the repair of permanent sidewalks in the City of Waterloo, 1976 Sidewalk Repair Program, Contract No. 43", adopted. Ayes: Six. Absent: Lichty. Resolution adopted and upon approval by Mayor, as- signed No. 24728, 70579 - Moved by Wilharm, seconded by Getty that "Resolution for the Repair of Permanent Sidewalks in the City of Waterloo, Iowa, 1976 Sidewalk Repair Program, Contract No. 43", be adopted. Ayes: Six. Absent: Lichty. Resolution adopted and upon approval by Mayor, assigned No. 24729. 70580 - Moved by Bowers, publish a notice tions, proposed Program, Contrac Motion carried. seconded by Dowie that the Clerk be instructed to of public hearing on the proposed plans, specifica- fotm of contract, etc. for the 1976 Sidewalk Repair t No. 43, the date being set as September 7, 1976. 70581 - Moved by Roehr, seconded by Getty that the following requests for peimission to attend functions, with expenses allowed not to exceed amounts shown, be received, placed on file and approved: City Engin- eer to National League of Cities Regional Seminar on Public Works Em- ployment Act of 1976, Chicago, Illinois, September 1 thru 3, 1976, $160.00; Community Development and Flood Control Administrator to National League of Cities Public Works Seminar, Dallas, Texas, August 30 and 31, 1976, $338.00. Ayes: Six. Absent: Lichty. Motion car- ried. 70582 - Moved by Wilhatm, seconded by Roehr that the following applications for Beer PeLu!its 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 Mary Elizabeth Terry dba Little Harlem Inn Class C Cullen Crawford dba Crawford's Laundromat Beer and Liquor - Class C Dewey S. Hundley dba Ritz Tavern, 320 West Waterloo Bowl In, 120 Jefferson Street Sunday Sales - Beer and Liquor - Class C Water oo Bowl In, 120 Jefferson Street Motion carried. , 108 Linn Street and Grocery, 523 Logan Ave. 4th Street 70583 - Moved by Roehr, seconded by Wilharm that communication from Allan E. Olsen, Atty. for Cadillac Lanes, Inc., 650 LaPorte Road, submitting the names of David Kurtz and Arnold Kurtz to be approved in the change of ownership of said corporation in connection with its Class "C" Beer and Liquor License and Sunday Permit, together with letter from agent advising bond and dram coverage remain in effect, be received, placed on file and approved. Motion carried. 70584 - Moved by Getty, seconded by Bowers, that the application and fee of Joy Theresa Chidester, 532 Independence Avenue, for a Massage Technic- ian Permit, be received, placed on file and granted subject to the requirements of ordinance governing same. Motion carried. 70585 - Moved by Geiger, seconded by Bowers that one (1) renewal application for permission to sell cigarettes, be received, placed on file and granted. Motion carried. 70586 - Moved by Geiger, seconded by Dowie that report of City Attorney and list of bonds filed with Clerk through 8/16/76, be received, placed on file, and report of bonds as listed, approved. Motion carried. August 16, 1976 6 - 70587 - Dwayne Eilers commended the Mayor and Council for listening to the citizens and giving fair consideration to their presentations. 70588 - Moved by Getty, seconded by Bowers that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk August 16, 1976