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HomeMy WebLinkAboutMinutes-09/20/1976September 20, 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 September 20, 1976. Mayor Rooff in the Chair. On roll call, Present: Bowers, Dowie, Geiger, Getty, Roehr. Absent: Lichty and Wilha uu„ Invocation by Councilman Geiger. 70725 - Moved by Dowie, seconded by Bowers that the Agenda, as amended, for the Regular Session of September 20, 1976 at 7:00 P.M., be accepted and approved. Motion carried. 70726 - Moved by Roehr, seconded by Dowie that the Minutes of the Regular Ses- sion held September 13, 1976 at 7:00 P.M., be approved. Motion carried. 70727 - Moved by Getty, seconded by Roehr that proof of publication of notice of proposal to dispose of real property, in Section 33-89-13, adjacent to 2362 Muncy Avenue to Helen E. Finchel and adjacent to 600 Martin Road to Merol 0. and Tamiko Wersinger, in an exchange of properties with the City of Waterloo, Iowa, for street purposes, as published in the Waterloo Courier on September 9, 1976, be received and placed on file. Motion carried. 70728 - The Mayor called for oral and written objections and there were none. Moved by Dowie, seconded by Bowers that "Resolution approving and authorizing sale and conveyance of part of Section 33-89-13, adjacent to 2362 Muncy Avenue to Helen E. Finchel and adjacent to 600 Martin Road to Merol 0. and Tamiko Wersinger, in an exchange of properties with the City of Waterloo, Iowa, for street purposes, and directing and authorizing the Mayor and Clerk to execute and deliver deeds for said properties", be adopted. Ayes: Five. Absent: Lichty and Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 24768. 70729 - Moved by Bowers, seconded by Getty that proof of publication of notice of proposal to dispose of real property in vacated Water Street and fractional Block 6, Original Plat East, as published in the Waterloo Courier on September 9, 1976, by the Riverfront Improvement Commission to City of Waterloo, Iowa, be received and placed on file. Motion carried. 70730 - The Mayor called for oral and written objections and there were none. Moved by Bowers, seconded by Getty that "Resolution authorizing, ap- proving and accepting the deed of conveyance of real property in vacated Water Street and fractional Block 6, Original Plat East, dated August 31, 1976, by the Riverfront Improvement Commission to the City of Waterloo, Iowa, as a gift for governmental purposes", be adopted. Ayes: Five. Absent: Lichty and Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 24769. 70731 - Moved by Dowie, seconded by Roehr that proof of publication of notice of public hearing to sell Disposal Parcel No. F -6n (Falls Avenue- Vaughn-Manhard Area) in Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, as published in Waterloo Courier on 8/19/76, to Warren Transport, Inc., be received and placed on file. Motion carried. 70732 - The Mayor called for oral and written objections and there were none. Moved by Roehr, seconded by Dowie that "A resolution approving the sale of Disposal Parcel No. F -6D 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: Five. Absent: Lichty and Wilharm. Resolution adopt- ed and upon approval by Mayor, assigned No. 24770. 70733 - Mayor Rooff inforued the Council that because of recent problems with a recipient of a loan and grant fdr home rehabilitation refusing to 'co-sign a check to pay the contractor, the City of Waterloo was putting a moratorium on the execution of any further contracts as part of the Rehabilitation Block Grant Program until further notice. He reported 298 people have applied for loans and grants of which 192 have been partially or completely processed, and over 100 additional applications were to be processed. • September 20, 1976 - 2 - 70734 - Councilman Geiger presented a list of requests from the Jefferson - Commercial Area Citizens for Community Improvements, namely (1) Jim L. Rooff, Jr., 1700 Commercial Street to clean up junk and debris, (2) Nate Lipkin, 1330 Commercial Street to erect a solid fence, (3) Don Pierce, 1500 Commercial Street, clean up junk and debris. Bill Hoffman, Director of Health/Sanitation/Animal Control, responded that (1) the three above mentioned businessmen have received notices to comply with the ordinances with a time table for compliance, (2) the Sanitation Department will make periodic surveillances, (3) tre- mendous improvements have been made, (4) what some call junk, may have a large value, (5) an 8' fence must be requested by owner or Council action, and (6) all citizens involved in Jefferson-Couwiercial Street Area should be concerned about their rubbish, junk, debris, etc. and accept the responsibility. Councilman Getty reported the Sanitation Department was on top of the problems and has been for many months. Moved by Roehr, seconded by Bowers that the above list of requests and response be received and placed on file. Motion carried. 70735 - Moved by Dowie, seconded by Getty that communication from Stephen R. Langlas requesting reduction of the speed limit on West Fourth Street between Ridgeway Avenue and Highway 412 from 45 miles per hour to 35 miles per hour, be received, placed on file, and referred to Sign and Traffic Department for its recommendation. Motion carried. 70736 - Moved by Roehr, seconded by Bowers that request from Wm. F. Mclntee & Sons, Inc. for permission to construct one 22' couunercial curb cut at 3684 West Fourth Street, as shown on attached plat, and City Engin- eer's recommendation for approval subject to the provisions of his letter, be received, placed on file, recommendations approved and per- mission granted in accordance therewith. Motion carried. 70737 - Moved by Bowers, seconded by Dowie that request from John G. Miller Construction Co. for permission to construct four commercial curb cuts for Friendship Village, 600 Park Lane, three 31' on West Ninth Street and one 26' on Southbrooke Drive, as shown on attached plat, and City Engineer's recommendation for approval subject to the provis- ions of his letter, be received, placed on file, recommendations ap- proved and permission granted in accordance therewith. Motion carried. 70738 - Moved by Roehr, seconded by Dowie that communication from Waterloo Riverfront Commission requesting the waiver of the storm sewer special assessments due March, 1977, on the following properties purchased by the Waterloo Riverfront Couuuission, be received, placed on file and approved: Lot 10, Block 17, Hayes Addition, Lot 9, Block 17, Hayes Addition, SW 140 feet, Lot 2, Block 64, Anthony Bakers Addition, SWly 140 feet, Lot 4, Block 64, Anthony Bakers Addition. Ayes: Five, Absent: Lichty and Wilhaiul. Motion carried. 70739 - Moved by Dowie, seconded by Roehr that communication from George D, Keith, Atty. for Oscar P. Vold and Vera S. Vold, requesting the City of Waterloo, Iowa, owners of Lots 1 thru 5, Vold Addition, to join in an amendment to nullify and cancel the restrictive convenants affect- ing said Vold Addition, be received, placed on file, approved and "Resolution cancelling and annulling the restrictive convenants and any amendments thereto affecting Vold Addition, with the exception of the Zoning restrictions", adopted. Ayes: Five. Absent: Lichty and Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 24771. 70740 - Moved by Roehr, seconded by Dowie that communication from Plan and Program Commission, transmitting a request from Northwestern Bell Telephone Company for a five foot utility easement along the south property line of Lot 5, Block 33, Original Plat of Waterloo East, as shown on attached plat, and recommending approval, be received, placed on file and "Resolution fixing the date, time and place of hearing on proposal to convey an Easement to Northwestern Bell Telephone Company for utility purposes along the south property line of Lot 5, Block 33, Original Plat of Waterloo, East", adopted and date of hearing set as October 4, 1976. Ayes: Five. Absent: Lichty and Wilharm. Resolu- tion adopted and upon approval by Mayor, assigned No. 24772. September 20, 1976 - 3 - 70741 - Moved by Geiger, seconded by Bowers that request from Frank Heinick for permission to construct a temporary asphalt driveway at 1821 Byron Avenue without regard to sidewalk grade, together with $3.00 for re- cording waiver, and City Engineer's recommendation for approval sub- ject to the provisions of his letter, be received, placed on file, ap- proved and "Resolution granting peimission to Frank Heinick and author- izing construction of a temporary asphalt driveway at 1821 Byron Ave- nue, irrespective of a later official grade", adopted. Ayes: Five. Absent: Lichty and Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 24773. 70742 - Moved by Getty, seconded by Bowers that report of Sign and Traffic Department on Chautauqua Park area with recommendation that parking be removed from one side of the following streets, be received, placed on file, recommendations approved and City Attorney instructed to sub- mit an ordinance accordingly: Name of Street Lindale Avenue Riehl Street Norwood Avenue Poplar Street Maplewood Street Bryant Avenue Motion carried. Side of Street Parking To Be Eliminated South side from Lindale Avenue to westerly end of street South side from Marlin Court to Riverside Drive South side from Riverside Drive to Oakland Avenue Northside from Oakland Avenue to Riverside Drive East side from Riverside Drive to Riehl Street East side Lindale Avenue to Oakland Avenue 70743 - Moved by Roehr, seconded by Getty that communication from Asst. City Attorney, reporting Iowa Public Service Company has notified the City of a new curtailment plan filed by Northern Natural Gas and accepted by the Federal Power Couunission, based on end-use of gas rather than volume, the cancellation of the City's interruptible natural gas con- tract with IPS effective 9/27/76, and under the new plan the City has been classified Priority 1(b) for Police Garage and Fire Stations and 1(c) for City Hall and City Garage, with recommendation to maintain standby fuel facilities, at a small increase of cost, be received and placed on file. Motion carried. 70744 - Moved by Roehr, seconded by Getty that communication from City Engin- eer, transmitting Land Patent No. 2152 dated 8/23/76 from the State of Iowa conveying unto the City of Waterloo, Iowa a tract of land in Section 20-T89N-R13W, be received, placed on file and "Resolution approving and accepting Land Patent No. 2152 from the State of Iowa", adopted. Ayes: Five. Absent: Lichty and Wilharm. Resolution a- dopted and upon approval by Mayor, assigned No. 24774. 70745 - Moved by Getty, seconded by Roehr that Engineering Services Contract for Contract No. 96, at an estimated cost of $2,000, and City Engineer's recommendation for approval, be received, placed on file and "Resolu- tion approving and directing the execution of an Engineering Services Contract, dated 9/20/76, with Brice, Petrides & Associates, Inc. by the Mayor and City Clerk in behalf of the City of Waterloo, Iowa, for the Virden Creek Curette Repair, Contract No. 96", adopted. Ayes: Five. Absent: Lichty and Wilharm. Resolution adopted and upon ap- proval by Mayor, assigned No. 24775. 70746 - Moved by Getty, seconded by Dowie that communication from Asst. City Attorney, transmitting a Quit Claim Deed dated 9/16/76 conveying certain real estate to John Deere Waterloo Tractor Works of Deere & Company (a/k/a Deere & Company), approved by Resolution No. 24467 of 3/1/76, be received, placed on file, and "Resolution approving the Deed of Conveyance from the City of Waterloo to John Deere Waterloo Tractor Works of Deere & Company (a/k/a Deere & Company)", adopted. Ayes: Five. Absent: Lichty and Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 24776. 70747 - Moved by Bowers, seconded by Roehr that Contract and Bond for Contract No. 43 in the amount of $11,621.86, be received, placed on file, and "Resolution approving the Contract and Bond of U and I Construction, Inc. for 1976 Sidewalk Repair Program, Contract No. 43", adopted. Ayes: Five. Absent: Lichty and Wilharm. Resolution adopted and upon ap- proval by Mayor, assigned No. 24777. September 20, 1976 - 4 - 70748 - Moved by Dowie, seconded by Bowers that communication from Community Development Administrator, transmitting Easement Agreement with the Iowa Public Service Company and the City of Waterloo, Iowa, in con- nection with Stage 3B of the Local Flood Control Project, be received, placed on file, approved and accepted, and "Resolution authorizing the execution of an Easement Agreement with the Iowa Public Service Company in connection with the Local Flood Control Project", adopted, Ayes: Five. Absent: Lichty and Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 24778. 70749 - Moved by Roehr, seconded by Getty that communication from Community Development Administrator, transmitting Easement Agreement with The Young Men's Christian Association of Black Hawk County, Iowa and the City of Waterloo, Iowa, in connection with Stage 3B of the Local Flood Control Project, be received, placed on file, approved and ac- cepted, and "Resolution authorizing the execution of an Easement Agreement with The Young Men's Christian Association of Black Hawk County, Iowa in connection with the Local Flood Control Project", adopted. Ayes: Five. Absent: Lichty and Wilharm. Resolution a- dopted and upon approval by Mayor, assigned No. 24779. 70750 - Moved by Roehr, seconded by Bowers that communication from Community Development Administrator, transmitting Easement Agreement between the River Front Improvement Commission and the City of Waterloo, Iowa, in connection with Stage 3B of the Local Flood Control Project, be received, placed on file, approved and accepted, and "Resolution authorizing the execution of an Easement Agreement with the River Front Improvement Commission of the City of Waterloo, Iowa in connect- ion with the Local Flood Control Project", adopted. Ayes: Five. Absent: Lichty and Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 24780. 70751 - Moved by Bowers, seconded by Getty that construction permit No. 76- 640-S for sanitary sewer extension for Timberline Patio Homes from Iowa Department of Environmental Quality, subject to certain conditions and requirements, be received and placed on file. Motion carried. 70752 - Mayor Rooff reported the City officials have been working with the people in the Jefferson -Co mnercial Street area, West 13th thru West 17th Streets, the problem was vastly improved and recommended denial of the ordinance as drastic action was not needed. Moved by Geiger, seconded by none that "An Ordinance amending Ordinance No. 2644, known as the Traffic Ordinance by adding Subsection (306) through (309) to Section 551, Parking Prohibited At All Times. on Cer- tain Streets", be received, placed on file, considered and passed for the first time. Motion died for lack of a second. 70753 - Moved by Getty, seconded by Bowers that communication from Asst. City Attorney, transmitting proposed ordinance as ordered by Council Action #70380 on 7/19/76, be received, placed on file and "An Ordinance a- mending Chapter 33, Article III, Streets of the Code of Ordinances, City of Waterloo, Iowa, by adding New Section 33-42, Installation and Payment of Street Signs", considered and passed for the first time. Ayes: Five. Absent: Lichty and Wilharm, Motion carried. 70754 - Moved by Getty, seconded by Roehr that communication from Asst. City Attorney, transmitting proposed ordinance as ordered by Council Action #70380 of 7/19/76, be received, placed on file and "An Ordinance amend- ing Ordinance No. 2644, known as the Traffic Ordinance, by adding Sub- section (94) River Road, to Section 541, Increasing Speed Limits In Certain Areas", considered and passed for the first time. Ayes: Five. Absent: Lichty and Wilharm. Motion carried. 70755 - Moved by Roehr, seconded by Bowers that following request for permis- sion to attend function, with expenses allowed not to exceed amount shown, be received, placed on file and approved: Water Pollution Control Plant Superintendent and Assistant to 49th Annual Conference of Water Pollution Control Federation, Minneapolis, Minnesota, October 3 thru 8, 1976, $347.50 each plus registration and use of City car. Plan and Program Director & assistant to IBM Seminar, Minneapolis, Minnesota, September 28, 1976, $140.00. Ayes: Five. Absent: Lichty and Wilharm. Motion carried. September 20, 1976 - 5 - 70756 - Moved by Geiger, seconded by Bowers that the following applications for taxicab driver's permits, be received, placed on file and granted: Willie Major Zanders, Jr., 1302 Newell Street, James M. Shepard, 436 Conger Street. Motion carried. 70757 - Mayor Rooff reported that after conferring with the Police Chief, his recommendation was all applications for permits and licenses be ap- proved with the exception of The Body Shop which should be denied due to 57 police calls in past year. William Day, owner of The Body Shop, supported his application, stating he placed many of the calls for police help. A discussion followed and the question was whether this establishment was a nusiance. Moved by Getty, seconded by none that the various beer permit and beer and liquor license applications be received, placed on file and ap- proved without exception. Motion died for lack of a second. 70758 - Moved by Getty, seconded by Roehr that the Class B Beer Permit Ap- plication of Electric Park, Inc. West Conger Street and Rainbow Drive, Cattle Congress Grounds, be received, placed on file, approved, the approval endorsed on application and same forwarded to the Iowa Beer and Liquor Control Department. Motion carried. 70759 - Mayor Rooff called for a motion to approve the Class "C" Beer and Liquor License application of William John Day dba The Body Shop, 714 Sycamore Street, and there was none. He tten called for a motion for denial, and there was none. Moved by Bowers, seconded by Dowie that action on the above applica- tion of The Body Shop be deferred until September 27, 1976 for further study. Ayes: Bowers, Dowie, Geiger, Roehr, Nay: Getty. Absent: Lichty and Wilhamm. Motion carried. 70760 - Moved by Roehr, seconded by Getty that following applications for Beer and Liquor Licenses, be received, placed on file, approved, the approval endorsed on applications and same forwarded to the Iowa Beer and Liquor Control Department: Beer and Liquor - Class C Roy Reynolds dba Roy's Rib House, 1400 East 4th Street Sunday Sales - Beer and Liquor - Class C Roy Reynolds dba Roy's Rib House, 1400 East 4th Street Motion carried. 70761 - Moved by Geiger, seconded by Getty that following applications for permission to sell cigarettes at designated locations, be received, placed on file and permits granted: LeRoy Watson dba Little Dutch Mill, 823 Franklin Street Robert W. Hartson dba Bob's Wife's Lunch, Cattle Congress Grounds B & B Tobacco Stand, Cattle Congress Grounds Lester & Miriam L. Rand dba L & M Tap, 1607 Sycamore Street Motion carried. 70762 - Moved by Bowers, seconded by Getty that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk September 20, 1976