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HomeMy WebLinkAbout05/16/1977The Council of City of Waterloo, Chambers in City Hall at 7:00 P. Chair. On roll call, Present: Absent: Geiger. Invocation by Iowa, met in Regular M. on May 16,-1977. Bowers, Dowie, Getty, Councilman Wilharm. May 16, 1977 Session in Council Mayor Rooff in the Lichty, Roehr, Wilharm. 72002 - Moved by Dowie, seconded by Getty that the Agenda, as amended, for the Regular Session of May 16, 1977 at 7:00 P.M., be accepted and approved. Motion carried. 72003 - Moved by Roehr, seconded by Lichty that the Minutes of the Regular Session held May 9, 1977 at 7:00 P.M., be approved as amended. Motion carried. 72004 - Moved by Roehr, seconded by Wilharm that the petition of Wilma Gates, 1650 Williston Avenue, et al, in favor of paving Oregon Street from Bertch Avenue to Williston Avenue, under the FY 1977 Paving Program, Contract No. 157, be received and placed on file. Motion carried. 72005 - Wayne Winkie, 1545 Hawthorne Avenue, opposed the method of assessment for Oregon Street from Hawthorne Avenue to Forest Avenue in FY 1977 Paving Program, Contract No. 157. Mayor Rooff stated the Council last week at the hearing for FY 1977 Paving Program, Contract No. 157, heard and received all of the object- ions and support, declared the hearing closed, and interested him to meet with the City Engineer to review the dollar figures; he found the money would not satisfy granting more than 25'/ block grant funds, whereupon he again contacted HUD and was told additional help over the 25% of block grant funds could be given to hardship cases by the City paying the sewer stub -in from the water main to the property line. Mayor Rooff recommended that (1) Miriam Drive from Hale Street to Ver- mont Street, (2) Oregon Street from Hawthorne Avenue to Forest Avenue and Oregon Street from Bertch Avenue to Williston Avenue, and (3) Adrian Street from Lafayette Street to Highway #20, be deleted from the FY 1977 Paving Program, Contract No. 157; and further, that all petitions be received and filed, and if the people wanted these streets paved, they get their petitions in immediately as there would be a- nother paving program in the early Fall. As to the method of assessment, he suggested the Council sit down with the City Engineer to review all the kinds of assessments, (1) entire community benefit, (2) neighborhood benefit and (3) one block benefit, and (1) if entire community benefit, the City should pay more, (2) if neighborhood benefit, then neighborhood pick up fair share, and (3) if just one street, then they should pay. Adrian Street supportors stated they wanted the paving but not 31', that 25' wide would be sufficient. Mayor Rooff remarked the federal government dictated what streets that block grant funds could be used on, but for those with $6,000 or less income, the City could look at those. He reported that Wilbur Street assessments were reduced 25% by block grant funds. Moved by Roehr, seconded by Wilharm that the above recommendations of Mayor Rooff be received, placed on file, approved, Council Actions Nos. 71930, 71940 and 71934 of May 9, 1977, rescinded and (1) Miriam Drive from Hale Street to Vermont Street, (2) Oregon Street from Hawthorne Avenue to Forest Avenue and Oregon Street from Bertch Ave- nue to Williston Avenue, and (3) Adrian Street from Lafayette Street to Highway #20, deleted from the FY 1977 Paving Program, Contract No. 157, in addition to the streets deleted last week. Ayes: Six. Ab- sent: Geiger. Motion carried. 72006 - Moved by Roehr, seconded by Dowie that "Resolution amending Resolution of Necessity for FY 1977 Paving Program, Contract No. 157", be adopted. Ayes: Bowers, Dowie, Getty, Roehr, Wilharm. Nay: Lichty. Absent: Geiger. Resolution adopted and upon approval by Mayor, assigned No. 25126. 72007 - Moved by Getty, seconded by Roehr that "Resolution adopting Resolution of Necessity, (as amended) for FY 1977 Paving Program, Contract No. 157", be adopted. Ayes: Six. Absent: Geiger. Resolution adopted and upon approval by Mayor, assigned No. 25127. - 2 - 72008 - Moved by Dowie, seconded by Bowers that "Resolution directing engin- eer to prepare detailed plans and specifications and directing attor- ney to prepare form of contract and -notice to bidders on the "Water- loo, Iowa, F.Y. 1977 Paving Program, Contract No. 157", be adopted. Ayes: Six. Absent: Geiger. Resolution adopted and upon approval by Mayor, assigned No. 25128. 72009 - Moved by Roehr, seconded by Dowie that City Engineer's detailed plans, specifications, form of contract, form of proposal, prelimin- ary estimate of cost, etc. and notice to bidders for the FY 1977 Paving Program, Contract No. 157, be received, placed on file and "Resolution ordering bids, approving plans, specifications and form of contract and notice to bidders, fixing amount of bid security and ordering Clerk to publish notice and fixing a date for receiving same, and for a public hearing on plans, specifications, form of con- tract and estimate of costs for the FY 1977 Paving Program, Contract No. 157", adopted and date set as June 6, 1977. Ayes: Six. Absent: Geiger. Resolution adopted and upon approval by Mayor, assigned No. 25129. 72010 - Moved by Wilharm, seconded by Roehr that the following petitions supporting, and objecting to paving of the streets as designated, be received, placed on file and referred to the City Engineer: In Support Dean A. Kerns, 1103 Bauch Street, et al, for paving of 1100 Block of Bauch Street; Dean A. Kerns, 1206 Bauch Street, et al, for 1200 Block of Bauch Street; Theola Jay, 219 Hillside Avenue, et al, for 200 Block of Hillside Avenue; In Opposition Richard D. Pierce, 1622 Forest Avenue, et al, to Oregon Street Motion carried. 72011 - Mayor Rooff reported the Council approved 257 reduction for those in the block grant census tract; that for those persons with $6,000 or less income, the City would be able to pay for sewer from the main to the property line; that Bauch Street would be in the next paving program with 25% block grant fund reduction and Council with the City Engineer would determine the reasons for paving and assess- ments made accordingly. 72012 - Moved by Dowie, seconded by Getty that proof of publication of no- tice of public hearing on re -zoning, upon request of Paul Lindau for Doris and Gene Stoyanoff, upon recommendation of City Zoning Commission, and Council's own motion, to rezone from "R-2" One and Two Family Residence District to "C-2" Commercial Street a tract of land in Section 36 -89N -13W, North of Mitchell Avenue between La- Porte Road and Wisconsin Street, as published in Waterloo Courier on 4/28/77, be received and placed on file. Motion carried. 72013 - The Mayor announced the time had arrived for hearing, called for oral and written objections. The Clerk reported an objection petit- ion was filed by Mr. and Mrs. Floyd D. Foster, 1909 Bourland Avenue, et al, under Council Action #71885 of 5/2/77, Plan and Program Director Franke reported, after an area survey and petition check, 24 property owners were against, 16 for, 1 no opin- ion, and 4 unable to contact. Oral objections were made by: Floyd D. Foster Speaking in support were: Paul Lindau, and he presented a support petition, Darrel Dickinson, 919 Wisconsin Street A lengthy discussion followed, May 16, 1977 - 3 71013 - (Continued) Moved by Getty, seconded by Lichty that the above objections and support, be received and placed on file. Motion carried. 72014 - Moved by Getty, seconded by Dowie that all the objections be over- ruled. Ayes: Bowers, Dowie, Getty, Lichty, Roehr. Nay: Wilharm. Absent: Geiger. Motion carried. 72015 - Moved by Dowie, seconded by Lichty that "An Ordinance amending Or- dinance No. 2479, as amended, by adding Sub -Section No. 117 to Sec- tion 2A-5, rezoning certain property", be received, placed on file, considered and passed for the first time. Ayes: Bowers, Dowie, Getty, Lichty, Roehr. Nay: Wilharm. Absent: Geiger. Motion car- ried. 72016 - Moved by Roehr, seconded by Lichty that proof of publication of no- tice of public hearing on rezoning, upon request of Robert Sayler for Caras, Inc., upon recommendation of City Zoning Commission, and Council's own motion, to rezone from "A-1" Agricultural District to "R-1" One and Two Family Residence District real property in part of Section 8 -88N -13W, subdivision to be known as Audubon Park located East of Hoff Road and South of Highway No. 412, as published in Wa- terloo Courier on 4/28/77, be received and placed on file. Motion carried. 72017 - 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 "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 passed for the first time. Ayes: Six. Absent: Geiger. Motion carried. 72018 - Alan Brase requested that, due to unfair treatment, the Council re- verse the negative action of the Community Development Board in re- fusing to sell him a certain parcel of land on which he wanted to move a house to be purchased from the Salvation Army. Councilman Getty questioned the house being on the demolition list when neither the City or Community Development Board owned it. C.D. Administrator Mercer stated the house had been declared a nusiance, a waiver had been signed, it was in Urban Renewal area and C.D. funds could be used for demolition, but if no waiver is signed then demolition would be at owner's expense. Alan Brase stated the house would be rehabil- itated within a year after possession and Building Official Parsons said this was realistic and the house was structurally sound. Larry Lehman, contractor, said house could be removed from his demolition contract. Councilman Roehr was informed that Community Development could be directed to reconsider the request or to submit it to HUD for action. Moved by Roehr, seconded by Wilharm that the Community Development Board be instructed to reconsider or to submit this proposal to pur- chase land to HUD for their action, and that said Board be called in a special session for action this week. Ayes: Six. Absent: Geiger. Motion carried. 72019 - Mayor Rooff stated that Councilman Calvin Geiger had major surgery this morning and would be absent for several weeks. 72020 - Moved by Dowie, seconded by Roehr that request of Stuart Gee dba Mandarin Cafe, for permission to apply panelling along the entire outside wall along the alley line of the building at 510-512 Mulberry Street, as shown on attached print, be received, placed on file and action deferred until May 23, 1977 and referred to Building Official Parsons. Motion carried. May 16, 1977 4- 72021 - 72021 - Moved by Roehr, seconded by Getty that the offer of D & S Building Company, Inc., Cedar Rapids, Iowa, to purchase -Disposal Parcel No. I -30(P) in Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, 205 East First Street, for the sum of $8,500 for parking facil- ity, and approval report of Community Development Board, be received, placed on file, "A resolution authorizing the sale of Disposal Par- cel No. I-30 (P) in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7", adopted and hearing set for June 20, 1977 at 7:00 P.M. in Council Chambers in City Hall. Ayes: Six. Absent: Geiger. Resolution adopted and upon approval by Mayor, assigned No. 25130. 72022 - Moved by Getty, seconded by Lichty that the offer of Paul J. and Megan Flammang, 310 Oak Avenue, to purchase Disposal Parcel No. I -15(P), in Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, 325 Oak Avenue, for the sum of $750.00 for garage and off- street parking purposes, and approval report of Community Develop- ment Board, be received, placed on file, "A resolution authorizing the sale of Disposal Parcel No. I -15(P) in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7", adopted and hearing set for June 20, 1977 at 7:00 P.M. in Council Chambers in City Hall. Ayes: Six. Absent: Geiger. Resolution adopted and upon approval by Mayor, assigned No. 25131. 72023 - Moved by Bowers, seconded by Lichty that request of Mack Gable Real Estate for permission to black top the parking area on Ninth Street side of 503 and 511 West Ninth Street for beautification purposes only, together with City Engineer's recommendation for approval, be received, placed on file and approved at no cost to the City. Mo- tion carried. 72024 Moved by Getty, seconded by Roehr that request of Scott Maassen and Wayne Claassen Engineering & Survey, Inc. for permission to extend sanitary sewer service approximately 120° east from the intersect- ion of Cloverdale Avenue and Midland Streets to service property on SE corner of McShane Avenue and Midland Streets, and the 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 and that said extension will be returned to the City at no cost at such time that the line is extended for future City use. Motion carried. 72025 - Moved by Roehr, seconded by Dowie that communication from City En- gineer, transmitting a request from Bill Ramsey, Realtors, for per- mission to extend sanitary sewer on Cedar Terrace Drive to Serve property along Cedar Terrace Drive, reporting said sewer would be "turned over" to the City upon completion and acceptance of con- struction work, and recommending approval, be received, placed on file and approved at no cost to the City and subject to above pro- visions. Motion carried. 72026 - Moved by Bowers, seconded by Getty that communication from Assis- tant City Attorney, transmitting a Petition from Norma Phillips requesting suspension of taxes against W 20° of Lot 10 and E 16° of Lot 11, Central Subdivision and W 42' of Lot 11, Central Subdivision, known as 120 Smith Street, pursuant to Chapter 427.8 of the 1975 Code of Iowa, be received, placed on file, approved and "Resolution recommending to the Board of Supervisors of Black Hawk County the suspension of all taxes, now and hereafter, on 120 Smith Street, as long as Norma Phillips remains the owner", adopted. Ayes: Six. Absent: Geiger. Resolution adopted and upon approval by Mayor, as- signed No. 25132. 72027 - Moved by Getty, seconded by Lichty that request of Dale J. Clark Contracting Company for HyVee Store No. 2, West Parker Street and Burton Avenue, for permission to asphalt the parking area between two concrete approaches on West Parker Street for beautification purposes only, together with City Engineer's recommendation for approval, be received, placed on file and approved at no cost to the City. Motion carried. May 16, 1977 - 5 - 72028 - Moved by Getty, seconded by Lichty that request from Starlite Drive - In Theatre Company for permission to stage fireworks display at 4000 University Avenue on July 3, 1977, with alternate date of July 4, 1977 in case of inclement weather, be received, placed on file and permission granted subject to bond being filed and to approval of Fire Chief. Motion carried. 72029 - Moved by Roehr, seconded by Bowers that Finance Director's Financial Report of April, 1977, showing Balance on Hand of $12,639,697.15, Receipts of $4,033,119.05, Disbursements $2,409,531.25, Balance on Hand 4/30/77 $14,263,384.95, be received, placed on file and approved. Motion carried. 72030 - Moved by Getty, seconded by Bowers that communication from City En- gineer, transmitting Three -Year Street Improvement Program for Fiscal Years 1978-79-80 as prepared by Dept. of Engineering to be submitted to the Iowa Department of Transportation, together with letter from City Plan & Program Commission approving said Program, and a Street Systems Map, be received, placed on file and "Resolution approving a Three -Year Street Improvement Program for Fiscal Years 1978-1979- 1980, and the Street Systems Map for the City of Waterloo, Iowa, to the Iowa Department of Transportation", adopted. Ayes: Six. Absent: Geiger. Resolution adopted and upon approval by Mayor, assigned No. 25133. 72031 - Inquiry was made if City could absorb some of the sewer installation costs. Moved by Roehr, seconded by Getty that four communications from Plan and Program Director, transmitting the following Easements for Elm Drive Sanitary Sewer Project,and recommending acceptance, be received, placed on file, approved and accepted. Clerk instructed to have Per- manent Easements recorded, and Mayor Rooff to meet with the property owners: Permanent Easement and Temporary Easement, both dated 5/5/77 from Clark and Grace Burington for 241 Elm Drive; Temporary Easement dated 5/10/77 from Gunther E. and Jolene S. Maser for 2133 Cardinal Drive; Permanent Easement and Temporary Easement, both dated 5/5/77 from Kenneth P. and Suzanne Spurling for 2144 Castle Street; Permanent Easement and Temporary Easement, both dated 5/5/77 from James M. Penne for 34 Elm Drive. Motion carried. 72032 - Moved by Getty, seconded by Dowie that communication from City Attor- ney, transmitting an Easement dated 5/9/77 from Campbell Homes, Inc. and Winchester Farms, Inc. for stoLul sewer for Richland Park Subdiv- ision, be received, placed on °file, approved and accepted, and Clerk instructed to record same. Motion carried. 72033 - Moved by Roehr, seconded by Getty that Agreement for storul sewer easement and driveway replacement dated 5/16/77 between Larry L. Decker and Mary E. Decker and the City of Waterloo, Iowa, stipulating certain conditions for Lot 158, Central Heights II Addition, be re- ceived, placed on file, approved and accepted, Mayor and Clerk au- thorized to execute said Agreement in behalf of City and the Clerk instructed to have same recorded. Motion carried. 72034 - Moved by Bowers, seconded by Dowie that Construction Permit No. 77- 333-W for Water Main Extension for Cloverdale Acres Replat No. 1 from the Iowa Department of Environmental Quality, subject to certain con- ditions and requirements, be received and placed on file. Motion car- ried. 72035 - Moved by Getty, seconded by Wilhaiul that construction plans for Re- located Murphy Road Improvements and City Engineer's recouauendation for approval, be received, placed on file and approved. Motion car- ried. May 16, 1977 - 6 - 72036 - Moved by Getty, seconded by Bowers that construction plans for sani- tary sewerage facilities serving the Parkview Gardens Lot 23, togeth- er with Treatment Agreement Form C-9/75 for Dept. of Environmental Quality, and City Engineer's recommendation for approval with final acceptance of plans to be reviewed and accepted by said DEQ, be re- ceived, placed on file, recommendations approved and Mayor and Clerk authorized to execute said Agreement Form. Motion carried. 72037 - Moved by Dowie, seconded by Bowers that "An Ordinance amending Ordin- ance No. 2644, known as the Traffic Ordinance, by adding Subsections (220a) Pheasant Lane and (226a) Rachael Street to Section 551, Park- ing Prohibited At All Times on Certain Streets", be received, placed on file, considered and passed for the first time. Ayes: Six. Ab- sent: Geiger. Motion carried. 72038 - Moved by Roehr, seconded by Getty that the rules requiring ordinances to be received, placed on file, considered and voted 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. 72039 - Moved by Bowers, seconded by Dowie that "An Ordinance amending Ordin- ance No. 2644, known as the Traffic Ordinance, by adding Subsections (220a) Pheasant Lane and (226a) Rachael Street to Section 551, Park- ing Prohibited At All Times on Certain Streets", be adopted. Ayes: Six. Absent: Geiger. Ordinance adopted and upon approval by Mayor, assigned No. 2888. 72040 - Mayor Rooff stated the Ordinance would set an orderly procedure to be followed for Issuance of Industrial Revenue Bonds, that (1) a $3,500 deposit would be required for preliminary work with any un- used amount to be refunded after the sale of bonds, and (2) the City would have the choice of the bond consultant, but service fee would be paid by applicant. Moved by Wilharm, seconded by Getty that "An Ordinance Establishing Procedure for Issuance of Industrial Revenue Bonds", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Geiger. Motion carried. 72041 - Moved by Getty, seconded by Lichty that "A resolution to obligate from the Antirecession Fund the sum of Ninety eight thousand six dollars ($98,006) to the Police Department within the General Fund of the City of Waterloo", be adopted. Ayes: Six. Absent: Geiger. Resolution adopted and upon approval by Mayor, assigned No. 25134. 72042 - Moved by Roehr, seconded by Getty that "Resolution authorizing in- stallation and construction of two water conservation containers", be adopted. Ayes: Six. Absent: Geiger. Resolution adopted and upon approval by Mayor, assigned No. 25135. 72043 - Moved by Bowers, seconded by Lichty that communication from Mayor Rooff, submitting for Council approval the appointment of Jerry Sexton as City Electrician, effective immediately, be received, placed on file and approved. Motion carried. 72044 - Moved by Bowers, seconded by none that following request for permis- sion to attend functions, with expenses allowed not to exceed amount shown, be received, placed on file and approved: Personnel Assistant to More Effective Interviewing Techniques for better Personnel Selection Seminar, Cedar Rapids, Iowa, May 24, 1977, $85.00 plus use of city car. Died for lack of Second. 72045 - Moved by Bowers, seconded by Getty that the application for Theatre License from SkyVue Drive -In Co. dba SkyVue Drive -In Theatre, 3066 Independence Avenue, be received, placed on file and granted. Motion carried. May 16, 1977 - 7 - 72046 - Moved by Getty, seconded by Lichty that application of Sanitary Septic Service, 515 Grant Street, Cedar Falls, for 1977-1978 Scaven- ger License to expire 5/1/78, be received, placed on file and granted. Motion carried. 72047 - Moved by Roehr, seconded by Getty that following application of Cohn Bros., 911 Commercial Street, for renewal of Junk Dealer License, be received, placed on file and granted, subject to requirements of ordinance governing same. Motion carried. 72048 - Moved by Dowie, seconded by Getty that 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 Cass C Daisy Dairy, Daisy Dairy, Daisy Dairy, Inc., Inc., Inc., dba dba dba Daisy Maid Daisy Maid Daisy Maid Store #4, 1055 Store #5, 1206 Store #3, 1460 Longfellow Avenue West Ninth Street Ansborough Avenue Beer Liquor Class C Lawrence C. Seals dba Seal's Cozy Inn, 710 Logan Avenue Sunday Sales Beer Liquor - Class C Lawrence C. Seals dba Seal's Cozy Inn, 710 Logan Avenue Motion carried. 72049 - Moved by Wilharm, seconded by Getty that the application of Electric Park Inc. dba Electric Park Ballroom, West Conger Street and Rainbow Drive, for a dance license, be received, placed on file and granted. Motion carried. 72050 - Moved by Getty, seconded by Lichty that the application of Mildred Townsend, 136 Ricker Street, for a Massage Technician Permit, be received, placed on file and granted subject to the requirements of ordinance governing same. Motion carried. 72051 - Moved by Getty, seconded by Lichty that the following application for a Massage Business Permit, approved by Police Chief, Fire Chief, Health & Sanitation Dept. and Building Official, together with fee of $25.00, be received, placed on file and Permit granted subject to the requirements governing same: Leilani Sue White dba Lady Fingers, Inc., 1408 Black Hawk Street Motion carried. 72052 - Moved by Dowie, seconded by Getty that list of bonds filed with Clerk through on file and report and bonds approved. 72053 - Moved by Getty, seconded by Dowie that carried. May 16, 1977 report of City Attorney and 5/16/77, be received, placed Motion carried. the Council adjourn. Motion Katherine Gibbs, City Clerk