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HomeMy WebLinkAbout09/19/1977September 19, 1977 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 19, 1977. Mayor Rooff in the Chair. On roll call, Present: Bowers, Dowie, Geiger, Getty, Lichty, Roehr. Absent: Wilharm. Invocation by Councilman Bowers. 72860 - Moved by Dowie, seconded by Bowers that the Agenda, as proposed, for the Regular Session of September 19, 1977 at 7:00 P.M., be accepted and approved. Motion carried. 72861 - Moved by Geiger, seconded by Roehr that the Minutes of the Regular Session held September 12, 1977 at 7:00 P.M., be approved. Motion carried. 72862 - Moved by Roehr, seconded by Bowers that proof of publication of no- tice of public hearing to sell Disposal Parcel No. A -20-B in Westfield - Virden Urban Renewal Area, Project No. Iowa R-7, 117 Center Street, as published in Waterloo Courier on August 18, 1977, to C. Harold Truax and Frank T. Christie, be received and placed on file. 72863 - This being the time for hearing, the Mayor called for oral and writ- ten objections, and there were none. Moved by Bowers, seconded by Dowie that "A resolution approving the sale of Disposal Parcel No. A -20-B in the Westfield -Virden Urban Re- newal Area, Project No. Iowa R-7, and authorizing the execution of the necessary contract for sale of land for private redevelopment and deed", be adopted. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 25389. 72864 - Moved by Dowie, seconded by Bowers that proof of publication of notice of public hearing to sell Disposal Parcel No. H-5 in Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, 221 Jefferson Street, as published in Waterloo Courier on 8/18/77, to Norman V. Faucher, be received and placed on file. Motion carried. 72865 - This being the time for hearing, the Mayor called for oral and writ- ten objections, and there were none. Moved by Roehr, seconded by Bowers that "A resolution approving the sale of Disposal Parcel No. H-5 in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, and authorizing the execution of the nec- essary contract for sale of land for private redevelopment and deed", be adopted. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 25390. 72866 - Moved by Roehr, seconded by Geiger that "Resolution directing the ad- vertisement for sale of $265,000 Street Improvement Bonds (Downtown Fourth Street Improvements, Contract No. 152), be adopted and sale date set as October 17, 1977. Ayes: Six. Absent: Wilharm. Resolu- tion adopted and upon approval by Mayor, assigned No. 25391. 72867 - Frank Teel, 1025 Kern Street, presented a petition from property own- ers in the Kern Street area, objecting to (1) trucks on Kern Street from Burton Avenue to Longfellow Avenue for thru traffic, (2) water not draining but settling on south corner of Kern Street and Burton Avenue, (3) no speed sign on Kern Street from Burton Avenue to Long- fellow Avenue, (4) Kern Street from Burton Avenue to Longfellow Ave- nue not cleaned, (5) rocks, gravel, asphalt and oil in fill dirt placed on parkings instead of topsoil, (6) no expansion relief cuts on walkway from curb to sidewalk, (7) walkway from curb to sidewalk slanted with z" step to the approach, (8) tree roots left above soil on parkway facing the curb, (9) no caution signs on both corners of Kern Street which picks up children from kindergarten to fourth grade from Leonard Street to Longfellow Avenue. Mayor Rooff stated the Traffic Department would check out the trucks, that perhaps the detour was cause of some as Conger Street was closed; he had looked at the drainage problem today; the speed signs would be placed back on Kern when project completed; City Engineer Radue stated walkways should be scored if over 5 from curb to sidewalk, contractor is to see that tree roots are not hazardous and clean up at time of final inspection on project completion. Councilman Getty stated the Sign and Traffic Department was starting to replace signs. City En- gineer Radue said the street would be periodically swept and at final -2 72867 - (Continued) inspection. Frank Teel said the Urban Renewal paving was approximately 3' wider than what he was paying for and City Engineer Radue said the City had reduced its paving to 28° and Councilman Getty commented this prevented the big trees being removed. In the discussion that followed, Mayor Rooff stated he had another engineer look at the street, he had been out there three or four times, and he had re- ceived a letter which stated there was no hurry to inspect street, as the job was not done, that he had not put his stamp of approval on the job; that it was difficult for the City to choose the con- tractor as low bid was accepted, however, the City did insist the job be safe. Later, the question was raised if property owners had to seed their own parkings and City Engineer Radue stated the City did not do the seeding. Moved by Getty, seconded by Geiger that the above petition be re- ceived, placed on file and referred to Sign and Traffic Maintenance Department. Motion carried. 72868 - Judy Fink, 115 Wycombe Street, presented a petition with 138 sign- ers, for the removal of the crossing light on Colorado Street and Lafayette Street and installing same at Adrian Street and Lafayette Street. She stated the City Electrician estimated the cost to be $3,000. Mayor Rooff reconuuended that the light be moved to where the traf- fic is, since Lafayette School was closed. Moved by Getty, seconded by Geiger that the above petition be re- ceived, placed on file, approved and City Electrician instructed to proceed accordingly with changing the location of said crossing light. Motion carried. 72869 - Willie Jones, 1027 Creston Avenue, presented a petition from Maywood area residents, (1) thanking the Mayor for helping them obtain water and inviting him to a potluck dinner in celebration, (2) asking for starting and completion dates for first bid, (3) asking for starting date and where for second bid, (4) completion date for all work, and (5) where Maywood residents on low and fixed incomes can apply for a grant or loan for water hook-up from the street to the house. Mayor Rooff stated on the first bid the material should arrive with- in 30 days from letting date; second bid would probably be ready for Council on October 17, 1977; if weather holds, the work would be done this year but if freeze comes early in November, it would be Spring; the contractor has two crews, with one to start back of Culpepper property; City Plan and Program Department has a map of location and a pre -construction meeting would be held Thursday; he would check partial rehabilitation in block grant. Community Development Admin- istrator Mercer stated the program was for total rehabilitation and not just water. Moved by Getty, seconded by Bowers that the above petition be received and placed on file. Motion carried. 72870 - Marguarite Van Arsdale presented a petition from Oneida -Jackson -Bates residents for water mains in the area of ICRR to Oneida Street and Mobile Street to Linn Street, between ICRR, Sumner Street, Mobile Street and East Fourth Street, and requested a reply by October 3, 1977. Moved by Bowers, seconded by Geiger that the above petition be received and placed on file. Motion carried. ( 72871 j Dwayne Eilers reported on Osage Road from Lafayette Street to Rail- road tracks, between the tracks and Highway 20, water was running over the road and the road should be raised. Mayor Rooff stated he would go out and look at the problem. September 19, 1977 - 3 - 72872 - Councilman Getty asked that the Sign and Traffic Maintenance Depart- ment at the intersection of Eleventh and South Streets paint the school crossing and school crossing signs. Mayor Rooff stated he would have Quintin Parker check and report back next week. 72873 - Moved by Bowers, seconded by Getty that communication from City Engineer, transmitting a request from McAninch Corporation for a haul route for construction of Stage IV, for the Virden Creek Dam, and recommending embargo be lifted on Donald Street from Cedar Bend to Burton Avenue, as shown on attached diagram, or approval of Al- ternate Route as shown on attached print, be received, placed on file, request for lifting embargo on Donald Street from Cedar Bend to Burton Avenue denied and Alternate Haul Route from borrow area on Donald Street, being Donald Street to Cedar Bend Street, to U.S. Highway 20, to Burton Avenue, to West Airline Hiway, to east city limits, approved. Motion carried. 72874 - Moved by Dowie, seconded by Roehr that request from Service Construct- ion Company for Southland Park, Inc. for permission to construct one 24' commercial curb cut to serve four 4-plexes from 4914 to 4944 Fostoria Drive, as shown on attached plat, and City Engineer's recom- mendation for approval subject to the provisions of his letter, be received, placed on file, recommendations approved and permission granted in accordance therewith. Motion carried. 72875 - Moved by Roehr, seconded by Geiger that request from DuBois & Stokes for permission to construct two 22' commercial curb cuts to serve apartment buildings at 3410, 3818 and 3430 Kingswood Place, as shown on attached sketch, and City Engineer's recommendation 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. 72876 - Moved by Roehr, seconded by Lichty that request of Gene Hunck, 1825- 1827 Castle Street, and Christ Lutheran Church, 234 South Hackett Road, for permission to construct curb and gutter on Castle Street to tie into existing curb and gutter; for two 14' curb cuts to serve 1825 and 1827 Castle Street; and for one 32' curb cut on Castle Street to serve Church, 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 permission granted in accordance therewith. Motion carried. 72877 - Moved by Geiger, seconded by Getty that request from Wayne R. Sturtz for permission to construct a temporary concrete driveway at 340 Anthony Street without regard to sidewalk grade, together with $3.00 for recording waiver, and City Engineer's recommendations for approv- al subject to the provisions of his letter, be received, placed on file, approved and "Resolution granting permission to Wayne R. Sturtz and authorizing construction of a temporary concrete driveway at 340 Anthony Street irrespective of a later official grade", adopted. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 25392. 72878 - Moved by Dowie, seconded by Geiger that request from John Rooff, Jr. for permission to construct a temporary asphalt driveway and to blacktop the parking area for beautification purposes only, at 1905 Commercial Street to serve Jeorgi's Fine Foods, without regard to sidewalk grade, together with $3.00 for recording waiver, and City Engineer's recommendations for approval subject to the provis- ions of his letter, be received, placed on file, approved and "Res- olution granting permission to John Rooff, Jr. and authorizing con- struction of a temporary asphalt driveway at 1905 Commercial Street irrespective of a later official grade", adopted. Ayes: Six. Ab- sent: Wilharm. Resolution adopted and upon approval by Mayor, as- signed No. 25393. 72879 - Moved by Roehr, seconded by Geiger that Finance Director's Report for August, 1977, showing Fund Balance 7/31/77 of $13,742,721.90, Receipts $5,268,406.76, Bill Payments $1,507,754.24, Payrolls $708,521.36, Transfers $1,232,373.03, Commissions $860,907.23, Fund Balance 8/31/77 of $14,701,572.80, be received, placed on file and approved. Motion carried. September 19, 1977 - 4 - 72880 -.Moved by Dowie, seconded by Bowers that communication from City Engin- eer, transmitting Certificate of Substantial Completion of mechanical contract work by Young Plumbing and Heating Co. for the Addition to Waterloo Recreation and Arts Center, and recommending acceptance with May 16, 1977 established as the date of the substantial completion of work, be received, placed on file, recommendations approved and the Mayor authorized and directed to execute same in behalf of the City of Waterloo, Iowa. Motion carried. 72881 - Moved by Roehr, seconded by Getty that Construction Permit No. 77- 658-1 from the Iowa Department of Environmental Quality for Sanitary Sewer Extension for Central Plaza Addition, subject to certain con- ditions and requirements, be received and placed on file. Motion carried. 72882 - Mayor Rooff stated the Conditional Zoning Agreement had three stipula- tions, (1) height of tower not to exceed 110°, (2) if interference with neighbors, it shall be eliminated, or station will be requested to be relocated, and (3) power of station not to exceed. He asked that Item 3 be struck as the conditional zoning was for a 10 watt station. Moved by Bowers, seconded by Roehr that the communication from City Zoning Administrator, transmitting a Conditional Zoning Agreement from Afro-American Broadcasting, Inc. for 527 Cottage Street, be re- ceived, placed on file, Item 3 struck from said Agreement, approved and accepted as amended, and "Resolution approving the Conditional Zoning Agreement, as amended, with Afro-American Broadcasting, Inc. for radio station at 527 Cottage Street, in "R-2" One and Two Family Residence District, and directing execution of said Agreement, as amended, by the Mayor and City Clerk", adopted. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 25393A. 72883 - 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 the rules requir- ing ordinances to be considered and voted on for passage at two prior meetings, be suspended, the above ordinances recorded as having been passed for the second and third times, and now placed on its final adoption. Ayes: Six. Absent: Wilharm. Motion carried. 72884 - Moved by Bowers, seconded by Geiger that "An Ordinance amending Ordin- ance amending Ordinance 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 District", be adopted. Ayes: Six. Absent: Wilharm. Or- dinance adopted and upon approval by Mayor, assigned No. 2922. 72885 - Plan and Program Director Franke reported the City needed to retain a utility easement on the excess right of way due to a sewer problem. Moved by Bowers, seconded by Geiger 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 second time. Ayes: Six. Absent: Wilharm. Mo- tion carried. 72886 - Mayor Rooff stated two parcels were needed for widening of West Ridge- way Avenue; Everett Scott signed and approved for his ownership and Mrs. Collins, who owned 3/4ths of one parcel did not elect to sell. Community Development Administrator reported two appraisals were made, the highest appraisal was offered, and to negotiate an even higher price it would be necessary to go to HUD, who in the past said to go to court and let them set the price. A discussion followed as to being used for greenbelt, if all the par- cel was needed, etc. Mayor Rooff said the power of condemnation needs to be used wisely and the City needed this parcel for widening of West Ridgeway Avenue. Moved by Bowers, seconded by Roehr that "A resolution authorizing the condemnation of a certain parcel of real property located on West Ridgeway Avenue", be adopted. Ayes: Bowers, Dowie, Geiger, Getty, 5 72886 - (Continued) Roehr. Nay: Lichty. Absent: Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 25394. 72887 - Moved by Roehr, seconded by Geiger that request of the Waterloo Library Board to make a presentation for a bond issue referendum for convert- ing the post office for library use, be received, placed on file, ap- proved and William Burger directed to proceed accordingly at this time. Motion carried. 72888 - Waterloo Library Board Member William Burger, presented a written re- quest for the Council to place on the November 8, 1977 Municipal Elect- ion ballot a bond issue to acquire and remodel the post office build- ing at West Park Avenue and Commercial Street in a amount not to ex- ceed $5,000,000. He spoke in support, pointing out goals and object- ives, and advantages of the said post office building. Mayor Rooff stated the Council was not being asked to support the Library Board but was being asked to vote on allowing the people of the City of Waterloo to vote on this issue at the November 8th, 1977 Municipal Election. Moved by Getty, seconded by Roehr that the above request for said bond issue, to be placed on the November 8, 1977 Municipal Election ballot, be received, placed on file, approved and City Clerk instructed and directed to employ the firm of Chapman and Cutler, Bond Attorneys, Chicago, Illinois, to prepare the necessary legal proceedings for the said election and the issuance and sale of not to exceed $5,000,000 Corporate Purpose Bonds. Ayes: Six. Absent: Wilharm. Motion car- ried. 72889 - Moved by Roehr, seconded by Geiger that request of Metropolitan Transit Authority for permission to install a bus waiting shelter in the south- east quadrant of the intersection of Ansborough Avenue and Meadow Lane, as shown on attached site plan, provided by Daylite Window Systems, be received, placed on file and approved. Motion carried. 72890 - Moved by Geiger, seconded by Getty that the following requests for per- mission to attend functions, with expenses allowed not to exceed amounts shown, be received, placed on file and approved: 1 - Personnel Director to Internation Personnel Management Association International Conference, Chicago, Illinois, October 2 thru 6, 1977, $487.00; 2 - Heating and Air Conditioning Inspector to Solar Seminar, Denver, Colorado, October 20 thru 23, 1977, $494.00. Ayes: Six. Absent: Wilharm. Motion carried. 72891 - Moved by Geiger, seconded by Lichty that application of Satellite In- dustries, Inc., Minneapolis, Minn., for 1977-1978 Scavenger License to expire 5/1/78, be received, placed on file and granted. Motion carried. 72892 - Moved by Bowers, seconded by Geiger 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 B Willis Warner, Jack en, National Cattle Estel Halls; Willis Warner, Jack en, National Cattle Garden Building. Beer Liquor Class C M & C Enterprises Timothy J. Casey, Bonnell and William Allen Congress Grounds, between Bonnell and William Allen Congress Grounds, between Inc. dba Inc. dba dba Kentucky Fried Chick - Anniversary and dba Kentucky Fried Chick- Estel Hall and The Yardarm, 3251 West Fourth Street Casey's 218 Pub, 4010-4014 University Avenue - 6 72892 - (Continued) Sunday Sales Beer- Class B Willis Warner, Jack Bonnell and William Allen. dba Kentucky Fried Chicken, National Cattle Congress Grounds, between Anniversary and Estel Halls Willis Warner, Jack Bonnell and William Allen dba Kentucky Fried Chicken, National Cattle Congress Grounds, between Estel Hall and Garden Building. Motion carried. 72893 - Moved by Roehr, seconded by Lichty that application of M & C Enter- prises dba Yardarm Restaurant & Lounge for permission to sell cig- arettes at 3251 West Fourth Street, be received, placed on file and granted. Motion carried. 72894 - Moved by Geiger, seconded by Dowie that application of M & C Enter- prises dba Yardarm Restaurant & Lounge, 3251 West Fourth Street, for a dance license, be received, placed on file and granted. Motion carried. 72895 - Moved by Bowers, seconded by Dowie that report of City Attorney and list of bonds filed with Clerk through 9/19/77, be received, placed on file and report and bonds approved. Motion carried. 72896 - Moved by Geiger, seconded by Bowers that the Council adjourn. Motion carried. September 19, 1977 Katherine Gibbs, City Clerk