HomeMy WebLinkAbout05/23/1977May 23, 1977
The Council of City of Waterloo, Iowa, met in Regular Session in Council
Chambers in City Hall at 7:00 P.M. on May 23, 1977, Mayor Rooff in the Chair.
On roll call, Present: Bowers, Dowie, Getty, Lichty, Roehr, Wilharm. Absent:
Geiger, Invocation by Councilman Getty.
72054 - Moved by Dowie, seconded by Bowers that the Agenda, as amended, for
the Regular Session of May 23, 1977 at 7:00 P.M„ be accepted and ap-
proved, Motion carried.
72055 - Councilman Wilharm reported that Councilman Geiger was now home from
the hospital and was improving.
72056 - Moved by Roehr, seconded by Getty that the Minutes of the Regular Ses-
sion held May 16, 1977 at 7:00 P.M., be approved. Motion carried.
72057 - Moved by Roehr, seconded by Getty that proof of publication of notice
of public hearing to sell Disposal Parcel Noe H-9 (P)in Westfield -
Virden Urban Renewal Area, Project No, Iowa R-7 (317 West First Street),
as published in Waterloo Courier on 4/21/77, to CCC Quality Cleaning
and Supply, be received and placed on file. Motion carried.
72058 - The Mayor announced the time had arrived for hearing, called for oral
and written objections, and there were none.
Moved by Getty, seconded by Wilharm that "A resolution approving the
sale of Disposal Parcel No. H -9(P) 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: Geiger. Resolution a-
dopted and upon approval by Mayor, assigned No. 25136.
72059 - Mike Avis dba Mike Avis Concrete requested permission to construct
one 32' commercial curb cut at 1820 East Ridgeway Avenue to serve
the Crossroads Square Housing for the Elderly and presented a writ-
ten petition with $10.00 fee. City Engineer Radue presented his writ-
ten recommendation for approval subject to the provisions of his let-
ter with attached plat.
Moved by Wilharm, seconded by Getty that the above petition of Mike
Avis and City Engineer's recommendation, be received, placed on file,
recommendations approved and permission granted in accordance there-
with. Motion carried.
72060 - Councilman Getty reported receiving numerous calls on the weeds grow-
ing on the flood control dikes in the Cedar Bend area and was informed
this was temporary seeding and would be over -seeded later; the inter-
sections at Parker Street and Cedar Bend and Walker Street and Cedar
Bend were mowed.
Mayor Rooff stated this would be discussed with Merlyn Christiansen.
72061 - Councilman Getty asked what progress was being made on improving the
house at 1237 Lincoln Street and Building Official reported "none"
and now placed in the hands of City Attorney to process.
72062 - Moved by Roehr, seconded by Getty that request of Fred Debe for Kay
and Mildred Gaertnier for Council on its own motion to rezone from
"A-1" Agricultural District to "R-1" One and Two Family Residence
District approximately 12 acres in part of Section 14 -88N -13W located
west of Hess Road about 1/8th of mile south of East Shaulis Road, as
shown on attached plat and legally described in attached Exhibit "A",
and City Zoning Commission's recommendation for approval, be received,
placed on file, recommendations approved, date of hearing set as June
13, 1977 at 7:00 P.M. and Clerk instructed to publish notice. Ayes:
Six. Absent: Geiger. Motion carried,
72063 - Moved by Dowie, seconded by Bowers that request of Fred Debe for Ivan
and Virginia Meyers and Youngblut Construction Company for Council
on its own motion to rezone from "A-1" Agricultural District to "R-2"
One and Two Family Residence District 40 acre tract in Section 13 -88N -
13W, as shown on attached plat, located west of Dysart Road and north
of East Orange Road, and City Zoning Commission's recommendation for
approval, be received, placed on file, recommendations approved, date
of hearing set as June 13, 1977 at 7:00 P.M. and Clerk instructed to
publish notice.
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72063 - (Continued)
Ayes: Six. Absent: Geiger. Motion carried,.
72064 - Moved by Getty, seconded by Lichty that request of Anita Andries
for Melvin H. Morris, 3638 Logan Avenue, for Council on its own motion
to rezone from "A-1" Agricultural District and "R-1" One and Two Fam-
ily Residence District to "C-1" Commercial District a part of Section
2 -89N -13W, as shown on attached plat, lying west of Logan Avenue (U.
S. Highway No. 63) and south of Midwest Garden of Memories Cemetery,
and City Zoning Couuuission's recommendation for approval, be received,
placed on file, recommendations approved, date of hearing set as
June 13, 1977 at 7:00 P.M. and Clerk instructed to publish notice.
Ayes: Six. Absent: Geiger. Motion carried,
72065 - Moved by Getty, seconded by Roehr that request of Rick Young for
Council on its own motion to Conditional Zone to allow two tri-plex
residential structures on Lots 1, 2 and 3 in the Replat of a part
of Lot 1, Kimball Heights, as shown on attached plat, located on
east side of Kimball Avenue between Cornwall Avenue and Terrace Drive,
together with site development plan, and City Zoning Commission's
recommendation for approval and petition of remonstrance filed at
said Commission's hearing, be received, placed on file, recommenda-
tion approved, date of hearing set as June 13, 1977 at 7:00 P.M. and
Clerk instructed to publish notice. Ayes: Six. Absent: Geiger.
Motion carried.
72066 - Moved by Roehr, seconded by Lichty that communication from Plan and
Program Commission, transmitting request of Paul M. Junko to vacate
the 5' easement along NEly lot line except 5' adjacent to rear lot
line of Lot No. 29, Byrn Brae Replat, and recommending approval, be
received, placed on file, recommendations approved, and "Resolution
fixing the time and place of hearing and notice to be given on vaca-
tion of an easement on Lot No. 29, Byrn Brae Replat as June 6, 1977
at 7:00 P.M. in the Council Chambers of City Hall and instructing
the City Clerk to publish the notice of hearing", adopted. Ayes:
Six. Absent: Geiger. Resolution adopted and upon approval by
Mayor, assigned No. 25137.
72067 - Moved by Roehr, seconded by Dowie that communication from Black Hawk
County Auditor, advising that Part of Lot 33, Hardy & Virden's Plat,
was sold at public auction on 1/12/76 and requesting the City of
Waterloo to waive 1975 Weed assessment of $27.90 plus penalty and
interest, be received, placed on file and said special assessment
waived. Motion carried.
72068 - Moved by Getty, seconded by Bowers that request of Art Burns for
Nelson Insurance Agency for permission to construct one 22° commer-
cial curb cut at 2310 Falls Avenue, as shown on attached plat, 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 accordance therewith. Motion carried.
72069 - Moved by Dowie, seconded by Getty that request of Bessie Clark, 920
Franklin Street, with Iowa Department of Transportation Entrance
Permit Application, Form 640004, with plat attached, for permission
to construct one 18' Type "C" curb drop on Highway #20 at Station
267+35, and City Engineer's recommendation for approval subject to
the provisions of his letter, be received, placed on file, approved
and Mayor authorized to sign said application for City. Motion car-
ried.
72070 - Moved by Getty, seconded by Roehr that request of Ronald L. Sawyer
with Iowa Department of Transportation Entrance Permit Application,
Form 640004, with plat attached, for permission to construct one
18' Type "C" entrance on Highway #57 at Station 99+91, and City En-
gineer's recommendation for approval subject to the provisions of
his letter, be received, placed on file, approved and Mayor author-
ized to sign said application for City. Motion carried,
72071 - Moved by Bowers, seconded by Wilharm that communication from City
Engineer, transmitting a petition from Melvin J. Welter, et al, re-
questing sanitary sewer be extended eastward from existing manhole
at 955 West Airline Hiway to accommodate 730, 749, 843, 861 and 929
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72071 - (Continued)
West Airline Hiway, and recommending receiving and filing, be re-
ceived, placed on file. Motion carried.
72072 - Moved by Getty, seconded by Dowie that request from Terry J. Scheff-
ert for permission to construct a temporary concrete driveway at 327
State Street 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 petuiission to Terry J.
Scheffert and authorizing construction of a temporary concrete drive-
way at 327 State Street irrespective of a later official grade",
adopted. Ayes: Six. Absent: Geiger. Resolution adopted and upon
approval by Mayor, assigned No. 25138.
72073 - Moved by Getty, seconded by Dowie that request from Timothy J. Cham-
berlin for permission to construct a temporary concrete driveway at
1756 Plymouth Avenue 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 peiuiission to Timothy J.
Chamberlin and authorizing construction of a temporary concrete drive-
way at 1756 Plymouth Avenue irrespective of a later official grade",
adopted. Ayes: Six. Absent: Geiger. Resolution adopted and upon
approval by Mayor, assigned No. 25139.
72074 - Moved by Roehr, seconded by Bowers that communication from Building
Official reporting on request of Stuart Gee dba Mandarin Cafe, 510-
512 Mulberry Street, referred to him under Council Action #72020 of
5/16/77, be received and placed on file. Motion carried.
72075 - Plan and Program Director Franke exhibited four maps showing proposed
Alternates A, B, C and D and briefly indicated the principal features
of each, touching on railroad relocation, interruption of Green Belt,
traffic flow, etc. Mayor Rooff stressed the Cedar Terrace and Tri-
ange area people would have parallel access road to the clover leaf
which would be Highway #520 and not Freeway #380. He pointed out
the City would benefit the most under Alternate C by railroad reloca-
tion, least amount of environmental damage, savings of City dollars
on Hackett Road Bypass, etc.
Moved by Wilharm, seconded by Roehr that the above oral report and
written communication from Plan and Program Commission on review of
Extension of Interstate 380 Study prepared by Brice, Petrides & As-
sociates, Inc. and assigning of priorities (1) Alternate "C", includ-
ing the relocation of railroads, and (2) Alternate "A", be received,
placed on file and "A resolution recommending Alternate "C" as the
alignment of the Inter -City Freeway", adopted. Ayes: Six. Absent:
Geiger. Resolution adopted and upon approval by Mayor, assigned No.
25140.
72076 - Moved by Roehr, seconded by Getty that Quit Claim Deed dated 4/29/77
from Merle E. Elliott and Grace L. Elliott, husband and wife, convey-
ing unto the City of Waterloo, Iowa, Lot 105, Cedar Terrace 3rd Ad-
dition, with an exception, for Balsam Street purposes, be received,
placed on file and "Resolution approving and accepting the Quit Claim
Deed from Merle E. Elliott and Grace L. Elliott", adopted. Ayes:
Six. Absent: Geiger. Resolution adopted and upon approval by Mayor,
assigned No. 25141.
72077 - Moved by Dowie, seconded by Bowers that Construction Permit No. 77-
370-W for Water Main Extension for Hickory Court Addition from Iowa
Department of Environmental Quality, subject to certain conditions
and requirements, be received and placed on file. Motion carried,
72078 - Moved by Bowers, seconded by Dowie that Final Plat of Southland Park
First Addition with Engineer's Certificate of Survey, Deed of Dedi-
cation, Report of City Engineer, Plan and Program Commission's reso-
lution of approval and their recommendation for Council approval,
be received, placed on file and "Resolution approving the Final Plat
of Southland Park First Addition, Waterloo, Black Hawk County, Iowa",
adopted. Ayes: Six. Absent: Geiger. Resolution adopted and upon
approval by Mayor, assigned No. 25142.
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72079 - Moved by Getty, seconded by Dowie that Final Plat of Pinnacle Place
with Engineer's Certificate of Survey, Deed of Dedication, Contract
and Waivers, Report of City Engineer, Plan and Program Commission's
resolution of approval and their recommendation for Council approval,
be received, placed on file and "Resolution approving the Final Plat
of Pinnacle Place, Waterloo, Black Hawk County, Iowa", adopted. Ayes:
Six. Absent: Geiger. Resolution adopted and upon approval by Mayor,
assigned No. 25143,
72080 - Moved by Getty, seconded by Bowers that "An Ordinance Establishing
Procedure for Issuance of Industrial Revenue Bonds", be received,
placed on file, considered and the rules requiring ordinances to be
received, placed on file, considered and passed on at two prior meet-
ings, be suspended, the above Ordinance recorded as having been con-
sidered and passed for the second and third times, and now placed on
its final adoption. Ayes: Six. Absent: Geiger, Motion carried.
72081 - Moved by Getty, seconded by Wilharm that "An Ordinance Establishing
Procedure for Issuance of Industrial Revenue Bonds", be adopted. Ayes:
Six. Absent: Geiger. Ordinance adopted and upon approval by Mayor,
assigned No. 2889.
72082 - Moved by Dowie, seconded by Bowers that Letter of Agreement dated
4/21/77 from Paul D. Speer & Associates, Inc., Bond Consultants, for
services in connection with applications for the proposed issuance
of Industrial Revenue Bonds, be received, placed on file, approved
and accepted, and "Resolution approving Letter of Agreement dated
4/21/77 from Paul D. Speer & Associates, for services in connection
with applications for the proposed issuance of Industrial Revenue
Bonds, and authorizing and directing the Mayor to sign and execute
same in behalf of the City of Waterloo, Iowa", adopted. Ayes: Six.
Absent: Geiger. Resolution adopted and upon approval by Mayor, as-
signed No. 25144.
72083 - Moved by Roehr, seconded by Lichty that "An Ordinance amending Ordin-
ance No. 2479, as amended, by adding Sub -Section No. 118 to Section
2A-5, rezoning certain property", be received, placed on file, con-
sidered 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: Six. Absent: Geiger. Motion carried.
72084 - Moved by Roehr, seconded by Wilharm that "An Ordinance amending
Ordinance No. 2479, as amended, by adding Sub -Section No. 118 to Sec-
tion 2A-5, rezoningcertain property", be adopted. Ayes: Six. Ab-
sent: Geiger. Ordinance adopted and upon approval by Mayor, as-
signed No. 2890.
72085 - Moved by Bowers, seconded by Dowie that "An Ordinance amending Ordin-
ance No. 2479, as amended, by adding Sub -Section No. 117 to Section
2A-5, rezoning certain property", be received, placed on file, con-
sidered and the rules requiring ordinances to be received, placed
on file, considered and passed on at two prior meetings, be suspend-
ed, the above Ordinance recorded as having been considered and passed
for the second and third times, and now placed on its final adoption.
Ayes: Bowers, Dowie, Getty, Lichty, Roehr. Wilharm voted Nay and
then changed his vote to Aye. Absent: Geiger. Motion carried.
72086 - Moved by Bowers, seconded by Getty that "An Ordinance amending Ordin-
ance No. 2479, as amended, by adding Sub -Section No. 117 to Section
2A-5, rezoning certain property", be adopted. Ayes: Six. Absent:
Geiger. Ordinance adopted and upon approval by Mayor, assigned No.
2891.
72087 - Moved by Getty, seconded by Dowie that "A Resolution supporting the
Clean Community Commission as developed by Keep America Beautiful,
Inc., and establishing the Clean City Committee", be adopted. Ayes:
Six. Absent: Geiger. Resolution adopted and upon approval by Mayor,
assigned No. 25145.
May 23, 1977
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72088 - Moved by Roehr, seconded by Getty that "A resolution approving the
Fiscal Year 1978 HUD "701" Comprehensive Planning Assistance Grant
and confirming the terms and conditions of said Grant", be adopted,
Ayes: Six. Absent: Geiger. Resolution adopted and upon approval
by Mayor, assigned No. 25146.
72089 - Moved by Getty, seconded by Roehr that coumiunication from City En-
gineer, transmitting statement dated 5/6/77 from Schenk Engineering
Company for engineering services for paving 300 lineal feet of East
San Marnan Drive, and recommending approval, be received, placed on
file and "Resolution approving statement of Schenk Engineering Com-
pany for services for paving 300 lineal feet of East San Marnan
Drive and authorizing payment accordingly", adopted, Ayes: Six.
Absent: Geiger. Resolution adopted and upon approval by Mayor,
assigned No. 25147.
72090 - Moved by Roehr, seconded by Wilharm that communication from Commun-
ity Development Administrator, reporting Corps of Engineers have
requested the deposit of $24,300 to cover current estimated cost
of relocation of Miller Park sanitary sewer in the Stage III -B Local
Flood Control Project, and recommending approval, be received, placed
on file and "A resolution approving the deposit of an additional
$24,300 with the Corps of Engineers for sanitary sewer relocation
which is a part of Stage III -B of the Local Flood Control Project",
adopted. Ayes: Six. Absent: Geiger. Resolution adopted and upon
approval by Mayor, assigned No. 25148.
72091 - Moved by Getty, seconded by Dowie that "Resolution, Bills", be adopted.
Ayes: Six. Absent: Geiger. Resolution adopted and upon approval
by Mayor, assigned No. 25149.
72092 - Moved by Bowers, seconded by Getty that communication from Community
Development Administrator, transmitting the following offer for
flowage easement rights to the City of Waterloo for Virden Creek
Flood Control Project, Stage IV, together with proposed Flowage Ease-
ment Agreement, Parcel No. VC -10, and recommending acceptance, be re-
ceived, placed on file and "A resolution authorizing the execution of
a Flowage Easement Agreement with Delbert D. and Marguerite M. Kurtz
in connection with the Virden Creek Flood Control Project", adopted:
Parcel No. VC -10 (Sage Road) flowage easement rights - Delbert D.
Kurtz and Marguerite M. Kurtz, 3204 Sage Road - $1650.00.
Ayes: Six. Absent: Geiger. Resolution adopted and upon approval
by Mayor, assigned No. 25150.
72093 - Moved by Dowie, seconded by Getty that the City Engineer be instruct-
ed to prepare plans and specifications, form of contract, estimate
of cost, etc. for the Re_hreation Center Parking Lot Addition, Minor
Contract No. 92. Motion carried.
72094 - Moved by Getty, seconded by Bowers that the plans and specifications,
etc. for Minor Contract No. 92, be received, placed on file and "Res-
olution preliminarily approving plans and specifications, form of
contract, estimate of cost, etc. for the Recreation Center Parking
Lot Addition, Minor Contract No. 92", adopted. Ayes: Six. Absent:
Geiger. Resolution adopted and upon approval by Mayor, assigned No.
25151.
72095 - Moved by Dowie, seconded by Bowers that the Clerk be instructed to
publish the notice of public hearing on plans and specifications
for Recreation Center Parking Lot Addition, Minor Contract No. 92, and
the taking of bids for the improvement, said date being set as June
6, 1977 at 7:00 P.M. Motion carried.
72096 - Councilman Dowie questioned the inclusion of streets petitioned by
only 20 to 30% of the property owners and City Engineer Radue said
objections could be made at the public hearing on the Resolution of
Necessity on June 13, 1977„
May 23, 1977
6
72096 - (Continued)
Moved by Roehr, seconded by Getty that the City Engineer be instruct-
ed and authorized to prepare plats, schedule of assessments, estimated
cost, etc. for FY 1977 Oiling Program. Motion carried.
72097 - Moved by Roehr, seconded by Dowie that the City Engineer's prelimin-
ary plats, schedule of assessments, estimate of cost, etc. for the
FY 1977 Oiling Program, be received, placed on file and "Resolution
adopting preliminary plat and schedule, estimate of cost, etc. for
the FY 1977 Oiling Program ", be adopted. Ayes: Six. Absent: Geiger
Resolution adopted and upon approval by Mayor, assigned No. 25152.
72098 - Moved by Wilharm, seconded by Getty that "(Proposed) Resolution of
Necessity for the FY 1977 Oiling Program" -be-adopted and date of
hearing set as June 13, 1977 at 7:00 P<M. in the'Council Chambers
in City Hall. Ayes: Six. Absent:'` Geiger. Resolution adopted and
upon approval by Mayor, assigned/4o. 25153.
72099 - Moved by Wilharm, seconded by Roehr that the following requests for
permission to attend functio s, with expenses allowed not to exceed
amount shown, be received, pl ced on file and approved:
Community Development and Flood Control Administrator to 1977 Nation-
al Conference of Water Resources Congress, Washington, D.C., June 22
thru 24, 1977, $396.00;
Water Pollution Control Plant Superintendent and Assistant to 59th
Annual Meeting of Iowa Water Pollution Control Association, Okoboji,
Iowa, May 31 thru June 3, 1977, $250.00 each plus use of City car.
Ayes: Six. Absent: Geiger. Motion carried.
72100 - Moved by Dowie, seconded by Bowers that the application of Douglas
A. Sande, 312 Cataract Avenue, for an Ambulance Driver, Attendant,
and Attendant Driver Permit, be received, placed on file and granted.
Motion carried.
72101 - Moved by Getty, seconded by Lichty that the following application of
Howard Tournier, 900 Fulton Street, for a renewal of a Junk Dealers
License, be received, placed on file and granted, subject to require-
ments of ordinance governing same. Motion carried.
72102 - Moved by Wilharm, seconded by Getty that the following applications
for Beer Permit and Beer Liquor Licenses, be received, placed on
file, approved and endorsed applications forwarded to the Iowa Beer
and Liquor Control Department:
Beer
Class C
Raymond V. Mount dba Waterloo Sports Supply, 825 Sycamore Street
Beer and Liquor
Class C
William R. Oleson dba The Red Cedar, 102 W. llth Street
The Purple Parrott, Inc., 2043 Logan Avenue
Richard D. Schuler dba El Toro Lounge, Inc., 3005 University Avenue
Sunday Sales - Beer and Liquor
Class C
NSD Corp. dba The Whistle Stop, 110 Ida Street
The Purple Parrott, Inc., 2043 Logan Avenue
Richard Schuler dba El Toro Lounge, Inc., 3005 University Avenue
Motion carried.
72103 - Moved by Roehr, seconded by Getty that the following application for
Class C Beer Liquor License, be received, placed on file, and approved
subject to the building being approved by various City Inspectors:
David A. Young dba Anchor Inn, 324 West Fourth Street
Motion carried.
May 23, 1977
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72104 - Moved by Roehr, seconded by Getty that the application of NSD Cor-
poration dba The Whistle Stop for permission to sell cigarettes at
110 Ida Street, be received, placed on file and granted. Motion
carried.
72105 - Moved by Wilharm, seconded by Getty that the application of Thunder-
bird Tap of Waterloo, Ltd. dba Scotty's Thunderbird Tap, 715 Ans-
boroughAve., for a dance license, be received, placed on file and
granted. Motion carried.
72106 - Moved by Bowers, seconded by Lichty that the application of Jimmy
A. Pass, 405 Franklin Street, for a taxicab driver's permit, be re-
ceived, placed on file and granted. Motion carried.
72107 - Moved by Getty, seconded by Lichty that the following application
for a Massage Business Permit, approved by Police Chief, Fire Chief,
Health & Sanitation Department and Building Official, together with
$25.00 fee, be received, placed on file and permit granted subject
to the requirements governing same:
Lindbergh Whitis dba Lindbergh's Massage Parlor, 1604 Lafayette Sreet.
Motion carried.
72108 - Moved by Getty, seconded by Lichty that the following applications
for Massage Technician Permits, be received, placed on file and
granted subject to the requirements governing same•
Leilani Sue White, 526 Independence Ave.
Lynn Henry, 421 Fowler Street.
Motion carried.
72109 - Moved by Bowers, seconded by Dowie that report of City Attorney and
list of bonds filed with Clerk through 5/23/77, be received, placed
on file and report and bonds approved. Motion carried.
72110 - Moved by Getty, seconded by Dowie that the Council adjourn. Motion
carried.
Katherine Gibbs,
City Clerk
May 23, 1977