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HomeMy WebLinkAboutMinutes- 09/12/1977September 12, 1977 The Council of City of Waterloo, Iowa, met in Regular Session in Council Chambers in City Hall at 7;00 P.M. on September 12, 1977. Mayor Rooff in the Chair. On roll call, Present: Bowers, Dowie, Geiger, Getty, Lichty, Roehr, Wilharm. Absent: None. Invocation by Councilman Getty. 72808 - Moved by Roehr, seconded by Wilharm that the Agenda, as amended, for the Regular Session of September 12, 1977 at 7:00 P.M., be accepted and approved. Motion carried. 72809 - Moved by Geiger, seconded by Bowers that the Minutes of the Regular Session held September 6, 1977 at 7:00 P.M., be approved. Motion carried. 72810 - Moved by Roehr, seconded by Geiger that proof of publication of no- tice of public hearing on Conditional Zoning in an "R-2" One and Two Family Residence District, upon request of Jimmie Porter, Com- munity Enabler, for Program, Inc., upon recommendation of City Zon- ing Commission, and Council's own motion, at 527 Cottage Street, Lot 10, Block 7, Auditor Francis Rose Hill Plat, on north side be- tween North Barclay Street and Hewitt Street, as published in Water- loo Courier on 8/25/77, be received and placed on file. Motion car- ried. 72811 - This being the time for hearing, the Mayor called for oral and writ- ten objections, and there were none. Plan and Program Director Franke stated the 110° aerial was limited on size, if the station becomes more commercial it would have to re- locate, and if it generated interference, the station would have to alleviate the problems. City Zoning Director Gunderson reported that W. Louis Beecher, Atty., was to submit an executed document agreeing to the above stipulations upon passage of the ordinance for the first time and before final a- doption. Moved by Bowers, seconded by Dowie that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 130 to Section 2A-5, Conditional Zoning in a R-2 One and Two Family Residence Dis- trict", be received, placed on file, considered and passed for the first time, subject to the above conditions. Ayes: Seven. Motion carried. 72812 - Moved by Roehr, seconded by Bowers that proof of publication of no- tice of public hearing on proposal to vacate, sell and convey to Kenny Corporation certain excess right-of-way in part of Section 30-89-12 in the vicinity of Idaho Street and Butler Street, as pub- lished in Waterloo Courier on 8/25/77 for $600.00 plus cost, be re- ceived and placed on file. Motion carried. 72813 - This being the time for hearing, the Mayor called for written and oral objections, and there were none. Plan and Program Director Franke stated the price was figured at more than 100 per square foot and unless there was a need that blacktopping would not be required. Moved by Bowers, seconded by Getty that "Ordinance vacating certain excess right-of-way in part of Section 30-89-12 in vicinity of Idaho Street and Butler Street", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 72814 - Mayor Rooff recoimuended that the Chief of the Fire Department and the Chief of the Police Department be designated as the City of Water- loo's official representatives to the Black Hawk County Communica- tions Commission, which on 9/6/77 the Council agreed to participate in. Moved by Roehr, seconded by Geiger that "Resolution appointing the Chief of the Fire Department and the Chief of the Police Department as delegates to the Black Hawk County Communications Commission", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25369. - 2 - 72815 - Larry Ross, 1958 West 6th Street, reported that when the paving was put in on Jefferson Street, no pay box was installed on his property, the water pipes froze and it cost $516.24 to take care of it; also, that the catch basin on the corner of West Sixth Street and Mitchell Avenue is breaking and the street is broken out from the center to 12' to 15', his sewer was starting to settle and the sidewalk next to the catch basin is starting to crack. Mayor Rooff asked that he contact his office in the morning and he would go out and take a look at the problem. Moved by Wilhatm, seconded by Geiger that the above report be re- ceived and placed on file. Motion carried. 72816 - Mayor Rooff explained that the CCC Quality Cleaning and Supply pur- chased this property in May, 1977 and now couldn't use it, so the City was reselling same, however, they did forfeit a portion of their good faith deposit. Moved by Dowie, seconded by Geiger that the offer of Lowell J. Walker, Trustee, Grace H. Walker Trust, to purchase Disposal Parcel No. H-9, 317 West First Street, in Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, for the sum of $20,500 for parking for Hawkeye School of Technology purposes, as shown on attached map, and approval report of Community Development Board, be received, placed on file, "A resolution rescinding Resolution No. 25089 a- dopted April 18, 1977 and rescinding Resolution No. 25136 adopted May 23, 1977, and authorizing the sale of Disposal Parcel No. H-9 in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25370. 72817 - Moved by Geiger, seconded by Dowie that request from Wendell Lock- ard Construction, Inc. for permission to construct one 35° commer- cial curb cut to serve IBM Ernst Building at 3644 University Avenue, as shown on attached sketch, and City Engineer's recommendations for approval subject to the provisions of his letter, be received, placed on file, recommendations approved and permission granted in accord- ance therewith. Motion carried. 72818 - Moved by Dowie, seconded by Geiger that request from Arlin Zeven- bergen for Red Carpet Apartments of Waterloo, Inc. for permission to construct one 26° commercial curb cut at 1113-1115 Flammang Drive, as shown on attached plat, and City Engineer's recommenda- tions for approval subject to the provisions of his letter, be re- ceived, placed on file, recommendations approved and permission grant- ed in accordance therewith. Motion carried. 72819 - Moved by Geiger, seconded by Roehr that request from Q. H. Moore for permission to construct a temporary asphalt driveway at 875 Hickory Street without regard to sidewalk grade, together with $3.00 for recording waiver, and City Engineer's recommendations for approval subject to the provisions of his letter, be received, placed on file, approved and "Resolution granting permission to Q. H. Moore and authorizing construction of a temporary asphalt driveway at 875 Hickory Street irrespective of a later official grade", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, as- signed No. 25371. 72820 - Moved by Geiger, seconded by Roehr that request from James Majewski for permission to construct two temporary asphalt driveways at 109 Hillcrest Road without regard to sidewalk grade, together with $3.00 for recording waiver, and City Engineer's recommendations for ap- proval subject to the provisions of his letter, be received, placed on file, approved and "Resolution granting permission to James Ma- jewski and authorizing construction of two temporary asphalt drive- ways at 109 Hillcrest Road irrespective of a later official grade", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25372. 72821 - Moved by Roehr, seconded by Wilharm that the minutes of the Waterloo Human Rights Commission for regular meeting of August 4, 1977, be received and placed on file. Motion carried. September 12, 1977 - 3 - 72822 - Moved by Geiger, seconded by Getty that the minutes of the Community Development Board for regular meeting of August 9, 1977, be received and placed on file. Motion carried. 72823 Moved by Bowie, seconded by Geiger that the following Construction Permits from the Iowa Department of Environmental Quality, subject to certain conditions and requirements, be received and placed on file: No. 77-642-5 for Sanitary Sewer Extension for FY 1978 Sanitary Sewer Program ##1; No. 77-624-5 for Sanitary Sewer Extension for Georgian Heights; No. 77-634-W for Water Main for Georgian Heights, Motion carried. 72824 - Moved by Roehr, seconded by Getty that Change Order No. 3 for FY 1977 Paving Program, Contract No. 157, for additional work by Cedar Valley Corporation at an additional cost of $1,881.00 and City Engineer's recommendation for approval, be received, placed on file, approved and Mayor and Clerk authorized to execute same. Ayes: Seven. Motion carried. 72825 - Moved by Lichty, seconded by Getty that Change Order No. 4 for East Park Avenue Area Street Improvements, Sewers, and Incidentals, Contract No. 159, for a thirty day time extension to September 23, 1977, and Coiuuiunity Development Administrator's recommendation for approval, be received, placed on file, approved and Mayor and Clerk authorized to execute same. Ayes: Seven. Motion carried. 72826 - Moved by Getty, seconded by Lichty that Contract and Bond for Minor Contract No. 95, in the amount of $204,837.50, be received, placed on file and "Resolution approving Contract and Bond of Watco Construct- ion, Inc., Waterloo, Iowa, for F.Y. 1978 Maywood Water Extension, Minor Contract No. 95", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25373. 72827 - Moved by Bowers, seconded by Lichty that "An Ordinance amending Or- dinance No. 2644, Traffic Ordinance, by adding Subsection (119) North Barclay Street to Section 543, Thru Streets", be received, placed on file, considered and the rules requiring ordinances to be received, placed on file, considered and passed on at two prior meetings, be suspended, the above Ordinance recorded as having been considered and passed for the second and third times, and now placed on its final adoption. Ayes: Seven. Motion carried. 72828 - Moved by Bowers, seconded by Lichty dinance No. 2644, Traffic Ordinance Barclay Street to Section 543, Thru Ordinance adopted and upon approval that "An Ordinance amending Or- , by adding Subsection (119) North Streets", be adopted, Ayes: Seven. by Mayor, assigned No. 2919. 72829 - Moved by Bowers, seconded by Dowie that "An Ordinance amending Ordin- ance No. 2644, Traffic Ordinance, by adding Subsection 24 to Section 544, Four -Way Stop Intersections", be received, placed on file, con- sidered and passed for the first time. Ayes: Seven. Motion carried 72830 - Moved by Bowers, seconded by Getty that the rules requiring ordinances to be considered and voted on for passage at two prior meetings, be suspended, the above ordinance recorded as having been considered and passed for the second and third times, and now placed on its final adoption. Ayes: Seven. Motion carried. 72831 - Moved by Bowers, seconded by Roehr that "An Ordinance amending Ordin- ance No. 2644, Traffic Ordinance, by adding Subsection 24 to Section 544, Four -Way Stop Intersections", be adopted. Ayes: Seven. Ordin- ance adopted and upon approval by Mayor, assigned No. 2920. 72832 - Moved by Roehr, seconded by Bowers that "Ordinance vacating portion of Ralph Road lying adjacent to Lots 21, 24, 25, 28, 29 and 32, Lob - dell's Second Addition", be received, placed on file, considered and the rules requiring ordinances to be received, placed on file, con- sidered and passed on at two prior meetings, be suspended, the above Ordinance recorded as having been considered and passed for the sec- ond and third times, and now placed on its final adoption. Ayes: Seven. Motion carried. - 4 - 72833 - Moved by Roehr, seconded by Bowers that "Ordinance vacating portion of Ralph Road lying adjacent to Lots 21, 24, 25, 28, 29 and 32, Lob - dell's Second Addition", be adopted. Ayes: Seven. Ordinance adopt- ed and upon approval by Mayor, assigned No. 2921. 72834 - Moved by Wilharm, seconded by Dowie that "Resolution authorizing the sale and conveyance of certain parcels of Ralph Road lying adjacent to Lots 21, 24, 25, 28, 29 and 32, Lobdell's Second Addition to Her- bert G. Smith, Robert M. and Judith K. Winters, and Ernest Lang, and directing and authorizing the Mayor and Clerk to execute and deliver a deed for said property", be adopted with City retention of Utility Easement. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25374. 72835 - Moved by Dowie, seconded by Geiger that Estimate #5 Report for Minor Contract No. 90, with Community Development Board's recommendation for approval, be received, placed on file and "Resolution approving Report for work and materials furnished by Acton Construction Com- pany, Inc. for Repairs to West Side Parking Ramp, Minor Contract No. 90, and certifying payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25375. 72836 - Moved by Roehr, seconded by Getty that communication from City Engin- eer, transmitting Completion Report and Recommendation of Acceptance, for Recreation Center Parking Lot Addition, Minor Contract No. 92, and recommending approval, be received, placed on file, and "Resolu- tion approving and accepting the Completion Report and Recoiuuendation of Acceptance as to work and materials furnished by Dale J. Clark Con- tracting Company for the Recreation Center Parking Lot Addition, Min- or Contract No. 92, accepting the work and authorizing payment accord- ingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25376. 72837 - Moved by Geiger, seconded by Bowers that Estimate No. 6 for Contract No. 159, with Community Development Board's recommendation for ap- proval, be received, placed on file and "Resolution approving Report for work and materials furnished by Cedar Valley Corporation for East Park Avenue Area Street Improvements, Sewers and Incidentals, Contract No. 159, and certifying payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25377. 72838 - Moved by Getty, seconded by Dowie that Estimate #2 for Contract No. 160, with Community Development Board's recommendation for approval, be received, placed on file and "Resolution approving Report for work and materials furnished by Cedar Falls Construction Company for Sans Souci Bridges Approaches, Paving, Sewers and Incidentals, Contract No. 160, and certifying payment accordingly", adopted. Ayes: Seven. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25378. 72839 - Moved by Roehr, seconded by %v'ilharm that Estimate #3 Report for Con- tract No. 95, with City Engineer's recommendation for approval, be received, placed on file and "Resolution approving Report for work and materials furnished by Hurst Excavating, Inc. for Huntington Road Stoic: Sewer District, Contract No. 95, and authorizing payment accord- ingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25379. 72840 - Moved by Dowie, seconded by Getty that Estimate #2 Report for Contract No. 157, with City Engineer's recommendation for approval, be received, placed on file and "Resolution approving Report for work and materials furnished by Cedar Valley Corporation for FY 1977 Paving Program, Con- tract No. 157, and authorizing and certifying payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25380. 72841 - Moved by Geiger, seconded by Lichty that Estimate #5 Report for Con- tract No. 187, with City Engineer's recommendation for approval, be received, placed on file and "Resolution approving Report for work and materials furnished by Brown & Cris, Inc. for Guernsey's Orange View Sanitary Sewer, Contract No, 187, and authorizing and certifying pay- ment accordingly", adopted, Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25381. September 12, 1977 - 5 - 72842 - Moved by Geiger, seconded by Bowers that Estimate #1 Report for Minor Contract No. 93, with Community Development Board's recommendation for approval, be received, placed on file and "Resolution approving Report for work and materials furnished by Paulson Electric Company for Electrical Repairs to the West Side Parking Ramp, Minor Contract No. 93, and certifying payment accordingly",adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25382. 72843 - Moved by Roehr, seconded by Dowie that communication from Community Development Board, transmitting statement dated 7/22/77 from Brice, Petrides & Associates, Inc. for final engineering design services and resident construction review for River Road, Stage I, Contract No. 142, and recommending approval, be received, placed on file and "Resolution approving statement of Brice, Petrides & Associates, Inc. for final engineering design services and resident construction re- view for River Road, Stage I, Contract No. 142, and authorizing and certifying payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25383, 72844 - Moved by Dowie, seconded by Wilharm that communication from Community Development Board, transmitting Change Order No. 3 for Falls Avenue Area Street Improvements, Sewers and Incidentals, Phase II, Contract No. 158, for final quantity changes at a decrease in cost of $23,115. 21, and Engineer's Declaration of Completion and Recommendation of Acceptance, and recommending approval, be received, placed on file, approved, accepted, and Mayor and Clerk authorized to execute said Change Order No. 3. Ayes: Seven. Motion carried. 72845 - Moved by Getty, seconded by Roehr that "Resolution, A", be adopted. Ayes: Seven. Resolution adopted by Mayor, assigned No. 25384. 72846 - Moved by Getty, seconded by Roehr that "Resolution, B", be adopted. Ayes: Seven. Resolution adopted of Mayor, assigned No. 25385. 72847 Moved by Getty, seconded by Dowie that communication from Community Development Board, transmitting Final Estimate for Contract No. 158, and recommending approval, be received, placed on file, and "Resolu- tion approving and accepting Final Estimate Report as to work and materials furnished by Cedar Falls Construction Co., Inc. for Con- struction of Falls Avenue Area Street Improvements, Sewers and Inci- dentals, Phase II, Contract No. 158, accepting the work and certify- ing payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25386. 72848 - Moved by Roehr, seconded by Bowers that the City Engineer be instruct- ed to prepare plans and specifications, form of contract, estimate of cost, etc. for Parking Lot, Bus Transfer Station and Incidentals, Minor Contract No. 96. Motion carried. Bills, Schedule and upon approval Bills, Schedule and upon approval 72849 - Moved by Geiger, seconded by Dowie that the plans and specifications, form of contract, estimate of cost, etc. for Parking Lot, Bus Trans- fer Station and Incidentals, Minor Contract No. 96, be received, placed on file and "Resolution preliminarily approving plans and specifications, form of contract, estimate of cost, etc. for Parking Lot, Bus Transfer Station and Incidentals, Minor Contract No. 96", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25387. 72850 - Moved by Dowie, seconded by Bowers that the Clerk be instructed to publish the notice of public hearing on plans and specifications, etc. for Parking Lot, Bus Transfer Station and Incidentals, Minor Contract No. 96, and the taking of bids for the improvement, said date being set as September 26, 1977 at 7:00 P.M. Motion carried. 72851 - Moved by Geiger, seconded by Lichty that communication from Street Superintendent, reporting retirement of Val Gruver from Street Depart- ment as of September 2, 1977, and entitlement of 168 hours of sick leave and 302 hours vacation pay, be received, placed on file, and "Resolution approving payment of $2,566.20 sick leave and vacation pay to Val Gruver, Retiree of Street Department", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25388. September 12, 1977 - 6 - 72852 - Moved by Bowers, seconded by Dowie 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 Permits Class C Leon V. Voshell dba L & L Service, 4044:Logan Avenue Richard E. Griffith dba Griffis Deep Rock, 801 Franklin Street The Southland Corporation dba 7 -Eleven Food Store, 504 Riehl Street The Southland Corporation dba 7 -Eleven Food Store, 1309 Lafayette Street The Southland Corporation dba 7 -Eleven Food Store, 1105 Cedar Bend Street The Southland Corporation dba 7 -Eleven Food Store, 2302 Falls Avenue Sunday Sales - Beer Permits Class C Larry J. Wagner dba Reber Avenue Grocery, 600 Reber Avenue Leon V. Voshell dba L & L Service, 4044 Logan Avenue Richard E. Griffith dba Griffis Deep Rock, 801 Franklin Street The Southland Corporation dba 7 -Eleven Food Store, 504 Riehl Street The Southland Corporation dba 7 -Eleven Food Store, 1309 Lafayette Street The Southland Corporation dba 7 -Eleven Food Store, 1105 Cedar Bend Street The Southland Corporation dba 7 -Eleven Food Store, 2302 Falls Avenue Motion carried. 72853 Moved by Roehr, seconded by Wilharm that the following applications for Beer PeLlnits and Beer Liquor Licenses, be received, placed on file, approved subject to the approval of various City Inspectors, and en- dorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer Permits Class B Electric Park, Inc., Dairy Cattle Congress Grounds Sunday Sales Class B Electric Park, Inc., Dairy Cattle Congress Grounds Beer Liquor Licenses Class C Ira Harrington dba Arthur's Athletic Lounge, 211 Linn Street Sunday Sales Class C Ira Harrington dba Arthur's Athletic Lounge, 211 Linn Street Motion carried. 72854 - Moved by Geiger, seconded by Lichty that the following applications for permission to sell cigarettes at the designated locations, be re- ceived, placed on file and granted: Timothy J. Casey dba Casey's 218 Pub, 4010-4014 University Avenue Leon E. Voshell dba L & L Service, 4044 Logan Avenue B & B Tobacco Stand, Dairy Cattle Congress Grounds Hartman's Gas & Grocery, 2243 Independence Avenue Big Country dba Northville North, 3420 University Avenue Motion carried. 72855 - Moved by Geiger, seconded by Bowers that the application, bond and fee of Calvin F. Folkers, 274 Black Hawk Villiage, Cedar Falls, for Sign Erector's License, under Sign Ord. #2447, as amended, be re- ceived, placed on file and license granted. Motion carried. - 7 - 72856 - Moved by Geiger, seconded by Lichty that the application and fee from Metropolitan: Patient Transfer, Inc., 4304 Rownd Street, Cedar Falls, for one Ambulance License, be received, placed on file and granted. Motion carried. 72857 - Moved by Bowers, seconded by Geiger that application of Dennis Blox- ham, 700 West Ridgeway Avenue, for taxicab driver's permit, be re- ceived, placed on file and granted. Motion carried. 72858 - Moved by Geiger, seconded by Lichty that report of City Attorney and list of bonds filed with Clerk through 9/12/77, be received, placed on file and report and bonds approved. Motion carried. 72859 - Moved by Geiger, seconded by Lichty that the Council adjourn. Motion carried. G September 12, 1977 Katherine Gibbs, City Clerk