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HomeMy WebLinkAbout04/25/1977April 25, 1977 The Council of City of Waterloo, Iowa, met in Regular Session in Council Chambers in City Hall at 7:00 P.M., on April 25, 1977. Mayor Rooff in the Chair. On roll call, Present: Bowers, Dowie, Geiger, Getty, Lichty, Roehr, Wilharm. Absent: None. Invocation by Councilman Geiger. 71822 - Moved by Dowie, seconded by Bowers that the Agenda, as amended, for the Regular Session of April 25, 1977 at 7:00 P.M., be accepted and approved. Motion carried. 71823 - Moved by Roehr, seconded by Wilharm that the Minutes of the Regular Session held April 18, 1977 at 7:00 P.M., be approved. Motion car- ried. 71824 - Moved by Roehr, seconded by Dowie that proof of publication of notice of proposal to dispose of East 50' of West 150' of Lot 45, Auditor Barnes Plat of Maywood, located east of intersection of Roosevelt Street and Creston Street, as published in Waterloo Courier on 4/7/77, to the highest bidder plus costs, be received and placed on file. Motion carried. 71825 - The Mayor announced the time had arrived for hearing, called for oral and written objections and there were none. Moved by Bowers, seconded by Getty that the following bids, together with deposits in full, be received, placed on file, Clerk instructed to open same and referred to Plan and Program Coimuission for checking: Bidder Amount Everett L. and Agnes B. Robertson, 1030 Roosevelt Street $150.00 George E. and Donna M. Waddell, 618 Gilbert Street $515.00 Motion carried. 71826 - Moved by Getty, seconded by Lichty that proof of publication of no- tice of public hearing to vacate, sell and convey to David and Diana Becker 4,719 sq. ft. of Longfellow Street right-of-way not needed for Cedar Bend Street reconstruction, for sideyard purposes, as published in the Waterloo Courier on April 7, 1977, for $235.95 plus costs, be received and placed on file. Motion carried. 71827 - The Mayor announced the time had arrived for hearing, called for oral and written objections, and there were none. Moved by Dowie, seconded by Bowers that "Ordinance vacating a part of Lot B, Cedar Dale Addition", be received, placed on file, consid- ered and passed for the first time. Ayes: Seven. Motion carried. 71828 - Moved by Getty, seconded by Roehr that "Ordinance vacating a part of Lot B, Cedar Dale Addition", be considered and rules requiring ordin- ances to be voted on at two prior meetings, suspended, and said Or- dinance passed for the second and third times and placed on final a- doption. Ayes: Seven. Motion carried. 71829 - Moved by Roehr, seconded by Lichty that "Ordinance vacating a part of Lot B, Cedar Dale Addition", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2880. 71830 - Moved by Wilharm, seconded by Bowers that "Resolution authorizing the sale and conveyance of 4,719 square feet of Longfellow Street right- of-way not needed for Cedar Bend Street reconstruction to David and Diana Becker for $235.95 plus costs, and directing and authorizing the Mayor and City Clerk to execute and deliver a deed for said pro- perty", be adopted. Ayes: Seven. Resolution adopted and upon ap- proval by Mayor, assigned No. 25093. 71831 - Mayor Rooff, in reporting on the Ellis Hotel halfway house hearing before three members of a seven member State Appeals Board, Des Moines, stated he stressed the elected City officials were dedicated to the preservation of human lives, that the Hotel was not fire safe, and it would be on the Board's head, if it ruled against the City, which he believed they would do. - 2 - 71832 - William Slade, Deere & Co. representative, asked reconsideration to- night of Deere Product Engineering Center's request to hook on to the City of Waterloo sewer system, as DEQ denied permission to continue the existing operation until Metro sewer system could be implemented. He stated to upgrade Deere's own system would cost the company $50,000 per year; that Deere's was willing to pay the entire cost of engineer- ing and construction of a sewer line to tie into the Waterloo sewer line, which would be given to the City; that the Company offered to pay double the current rate for sewage; and the proposal included standby tanks with built in safety precautions to hold PEC discharge back if flood conditions overload the City sewer. Councilman Wilharm asked if Deere & Co. would be willing to withdraw from Cedar Falls and agree to annexation by Waterloo. Mr. Slade re- plied he couldn't answer as this would have to be taken to the com- pany's corporate headquarters. Mayor Rooff stated the City would deal with Cedar Falls on the rate. Councilman Roehr spoke out strongly against making a decision tonight; expressed concern that other Cedar Falls residents would request Waterloo service; requested written assurance from Deere & Co. that the plant wouldn't expand until the Metro sewer system was implemented; felt there would be sewer overload problems. A lengthy discussion followed. Moved by Getty, seconded by Bowers that Deere Product Engineering Center's request to hook on to the Waterloo sewer system, be approved. On point of special privilege, it was Moved by Roehr, seconded by Geiger that the request be laid on the table for a week. Ayes: Geiger, Roehr, Wilharm. Nays: Bowers, Dowie, Getty, Lichty. Motion not carried. 71833 - Mayor Rooff stated the Waterloo Council, as well as the Cedar Falls and Hudson Councils, had approved the Metro sewer concept, he agreed that Cedar Falls had land grabbed, but contended the vote on the Deere request would be an early vote for or against the entire planned Metro sewer system. Councilman Getty called for a vote on the motion to approve the Deere & Co. request. Ayes: Bowers, Dowie, Getty, Lichty, Wilharm. Nays: Nays: Geiger and Roehr. Motion carried. 71834 - Dick McCalley asked about restricted one side of street parking being changed on alternate days. Mayor Rooff reported Quintin Parker of Sign and Traffic Maintenance Dept. had recommended retaining the pres- ent system as it would be very costly to change the signs designating alternate days. Mr. McCalley complained of insufficient off street parking being provided by apartment owners and Mayor Rooff said if the addresses are given to him, he would get answers as to how much off street parking should be provided. In answer to a question on oiling of streets by petition, Mayor Rooff said holes would be filled. 71835 - Councilman Getty, as a private citizen, asked permission to construct two temporary asphalt driveways, at 905 Cedar Bend Street, one on Cedar Bend Street and the other on Donald Street, to serve the "Soft Sery Saloon, Inc.", without regard to sidewalk grade. Moved by Bowers, seconded by Geiger that the above request, together with $3.00 recording waiver, and City Engineer's recommendation for approval subject to the provisions of his letter, be received, placed on file, approved and "Resolution granting permission to Harold E. Getty and authorizing construction of two temporary asphalt driveways at 905 Cedar Bend Street irrespective of a later official grade", adopted. Ayes: Bowers, Dowie, Geiger, Lichty, Roehr, Wilharm. Getty: Declined to vote by reason of possible conflict of interest under Sec- tion 362.6 of Code of Iowa. Resolution adopted and upon approval by Mayor, assigned No. 25094. April 25, 1977 - 3 - 71836 - Dwayne Eilers called for the Building Inspectors to perform their duties by inspection of all homes of Citizens for Community Improve- ment members and all buildings in the City owned, occupied or con- trolled by the Catholic Church, including convents, parish homes, nuns residences, etc. He specified Father Joseph Fagen has been ac- tive in organizing the CCI and was supported by the Catholic Churches in the City. Dave Brown asked if this also meant the Highland Assoc- iation and was told "No". Moved by Roehr, seconded by Getty that the above request be received and placed on file. Motion carried. 71837 - Kenneth White, 526 Independence Avenue, asked if a speed limit sign was to be placed on the Fourth Street Bridge and Mayor Rooff said he would check on this as a sign was intended for the bridge. 71838 - The Plan and Program Director reported the bid of George E. and Donna M. Waddell, Waterloo, Iowa in the amount of $515.00 for East 50° of West 150' of Lot 45, Auditor Barnes Plat of Maywood, was the highest received and recommended acceptance. Moved by Wilharm, seconded by Roehr that the above recommendation be received, placed on file and "Resolution accepting the bid of George E. and Donna M. Waddell in the amount of $515.00, approving and auth- orizing the sale and conveyance of East 50' of West 150' of Lot 45, Auditor Barnes Plat of Maywood, as published in Waterloo Courier on 4/7/77, and directing and authorizing the Mayor and Clerk to execute and deliver a deed for said property", adopted. Ayes: Seven. Reso- lution adopted and upon approval by Mayor, assigned No. 25095. 71839 - Moved by Dowie, seconded by Lichty that request of Robert Sayler for Caras, Inc. for Council on its own motion to rezone from "A-1" Agri- cultural 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 shown on attached plat and legally described in attached Exhibit "A", and City Zoning Commission's recommendation for approval of only "R-1" One and Two Family Residence District, be received, placed on file, recommendations approved, date of hearing set as May 16, 1977 at 7:00 P.M. and Clerk instructed to publish notice. Ayes: Seven. Motion carried. 71840 - Discussed was Mitchell Avenue as main access to property, Dena and Patton Streets dead ending in the property, truck traffic to mini - storage, etc. Floyd Foster reported he had 23 signatures who changed from "for" to "against" the C-2 Commercial Zoning. Moved by Getty, seconded by Geiger that request of Paul Lindau for Doris and Gene Stoyanoff for Council on its own motion to rezone from "R-2" One and Two Family Residence District to "C-2" Commercial Dis- trict a tract of land in Section 36 -89N -13W, North of Mitchell Ave- nue between LaPorte Road and Wisconsin Street, as shown on attached plat and legally described in attached Exhibit "A", together with con- sent petition of property owners within 250° and petition of object- ions, and City Zoning Commission's recommendation for approval, be received, placed on file, recommendations approved, date of hearing set as May 16, 1977 at 7:00 P.M. and Clerk instructed to publish notice. Ayes: Seven. Motion carried. 71841 - Moved by Roehr, seconded by Bowers that request of Michael D. and Patricia Rottinghaus for vacation, sale and conveyance of a portion of Regent Street, located North of Hollywood Avenue, legally des- cribed in Exhibit "A" and as shown on plat, both attached, to Michael D. and Patricia A. Rottinghaus for $360 and to Harold E. and Jeanne L. Gott for $360, plus costs, and City Plan and Program Commission's recommendation for approval, be received, placed on file and "Reso- lution fixing the time and place of hearing as May 9, 1977 on pro- posal to vacate, sell and convey certain portion of Regent Street to Michael D. and Patricia Rottinghaus and to Harold E. and Jeanne L. Gott", adopted and Clerk instructed to publish notice of hearing. Ayes: Seven. Resolution adopted and upon approval by Mayor, as- signed No. 25096. April 25, 1977 - 4 - 71842 Moved by Dowie, seconded by Bowers that request of M. C. Stoddard for vacation of Stoddard Subdivision, as shown on attached plat, and City Plan and Program Commission's recommendation for approval, be received, placed on file and "Resolution fixing the time and place and notice to be given on vacation of Stoddard Subdivision as May 9, 1977 at 7:00 P.M. in the Council Chambers of City Hall and instruct- ing Clerk to publish notice of hearing", adopted. Ayes: Seven. Res- olution adopted and upon approval by Mayor, assigned No. 25097. 71843 - Moved by Roehr, seconded by Lichty that the revised parking improve- ment plan from Peoples Bank and Trust Company, 419 West Fourth Street, and request for permission to asphalt the existing alley and parking areas along West Fifth and Washington Streets for drainage and beau- tification purposes at no cost to the City, and the City Engineer's recommendation for approval subject to requirement that existing southerly driveway on West Fifth Street be closed, as per the attached plat, be received, placed on file, recommendations approved and per- mission granted in accordance therewith, at no cost to the City. Mo- tion carried. 71844 - Moved by Lichty, seconded by Wilharm that five copies of Iowa Depart- ment of Transportation Entrance Permit Application, Form 640004, with plat attached, from Youngblut Construction, Washburn, Iowa, for per- mission to construct one 35° Type "B" access to Highway 218 at Sta. 584+05, westerly side, 12 miles north from Washburn, and City Engin- eer'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 carried. 71845 - Moved by Dowie, seconded by Geiger that request from Roger C. Neebel Construction, Inc. for permission to construct two commercial curb cuts at 505-511 Wildwood Road, one a 24' on St. Francis Drive and the other a 16' on Wildwood Road, as shown on attached plat, and City Engineer's recoumiendations for approval subject to the provisions of his letter, be received, placed on file, recommendations approved and permission granted in accordance therewith. Motion carried. 71846 - Moved by Getty, seconded by Geiger that request from James L. Boesen for permission to construct a temporary concrete driveway at 223 Joy Drive, without regard to sidewalk grade, together with $3.00 fee for recording waiver, and City Engineer's recommendation for approval sub- ject to the provisions of his letter, be received, placed on file, approved and "Resolution granting permission to James L. Boesen and authorizing construction of a temporary concrete driveway at 223 Joy Drive irrespective of a later official grade", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25098. 71847 - Moved by Getty, seconded by Geiger that request from Arthur Burns Construction Co. for LeRoy Gray for permission to construct a tempor- ary concrete driveway at 1300 Upton Avenue, withuut regard to sidewalk grade, together with $3.00 for recording waiver, and City Engineer's recommendation for approval subject to the provisions of his letter, be received, placed on file, approved and "Resolution granting per- mission to LeRoy Gray and authorizing construction of a temporary concrete driveway at 1300 Upton Avenue irrespective of a later official grade", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25099. 71848 - Moved by Bowers, seconded by Dowie that the 1976 Annual Report of the Waterloo Fire Department, be received and placed on file. Motion carried. 71849 - Moved by Roehr, seconded by Getty that construction plans for sanitary sewerage facilities serving Hickory Court Addition, together with Treatment Agreement Form C 9/75 for Department of Environmental Qual- ity, and City Engineer's recommendation for approval with final ac- ceptance.of plans to be reviewed and accepted by said DEQ, be received, placed on file, recouuuendations approved and Mayor and Clerk author- ized to execute said Agreement Form. Motion carried. April 25, 1977 - 5 - 71850 - Moved by Getty, seconded by Roehr that Preliminary Plat of Southland Park First Addition, with Report of City Engineer, Deed of Dedication, Plan and Program Commission's resolution of approval and recommenda- tions for Council approval, be received, placed on file and "Resolu- tion approving the Preliminary Plat of Southland Park First Addition, Waterloo, Black Hawk County, Iowa", adopted. Ayes: Bowers, Dowie, Geiger, Getty, Roehr, Wilharm. Nay: Lichty. Resolution adopted and upon approval by Mayor, assigned No. 25100. 71851 - Moved by Getty, seconded by Lichty that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 112 to Section 2A-5, rezoning certain property", be received, placed on file, con- sidered and the rules requiring ordinances to be 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: Seven. Motion carried. 71852 - Moved by Bowers, seconded by Getty that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 112 to Section 2A-5, rezoning certain property", be adopted. Ayes: Seven. Ordin- ance adopted and upon approval by Mayor, assigned No. 2881. 71853 - Bruce Waddell, 710 Black Hawk Road, Marlene Rand, 1451 Garden Avenue, Tom Reardon, 427 Downing Avenue, objected to the rezone; Atty. John Beekman for Wendell Lockard supported the rezone. Opening of Bradley Street was mentioned to allow residents to develop their backyards. Moved by Wilharm, seconded by Roehr that "An Ordinance amending Or- dinance No. 2479 as amended, by adding Sub -Section No. 113 to Section 2A-5, rezoning certain property", be received, placed on file, con- sidered and request of Wendell Lockard for Council on its own motion to rezone from "R-3" Multiple Residence District to "R-4" Multiple Residence District All of Tract "A" in Noble -Hadley Second Addition, denied. Ayes: Bowers, Dowie, Geiger, Roehr, Wilharm. Nays: Getty and Lichty. Motion carried. 71854 - Moved by Roehr, seconded by Wilharm that "An Ordinance amending Or- dinance No. 2479, as amended, by adding Sub -Section No. 114 to Sec- tion 2A-5, rezoning certain property", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 71855 - Moved by Getty, seconded by Dowie that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 115 to Section 2A-5, rezoning certain property", be received, placed on file, con- sidered and the rules requiring ordinances to be 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: Seven. Motion carried. 71856 - Moved by Bowers, seconded by Lichty that "An Ordinance amending Or- dinance amending Ordinance No. 2479, as amended, by adding Sub -Sec- tion No. 115 to Section 2A-5, rezoning certain property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assign- ed No. 2882. 71857 - Moved by Getty, seconded by Dowie that "An Ordinance renaming Bentwood Street to Fostoria Street", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 71858 - Moved by Wilharm, seconded by Roehr that the rules requiring ordin- ances 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: Seven. Motion carried. 71859 - Moved by Bowers, seconded by Getty that "An Ordinance renaming Bent- wood Street to Fostoria Street", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2883. April 25, 1977 - 6 - 71860 - Moved by Getty, seconded by Bowers that communication from Commun- ity Development Administrator, transmitting a proposed resolution for City acceptance of responsibilities of operation and maintenance of Stage IIIA of Local Flood Protection Project, being the dike a- long Ely bank of Black Hawk Creek, and recommending approval, be received, placed on file and "A resolution authorizing the Mayor to accept on behalf of the City of Waterloo effective April 28, 1977, the assumption of operation and maintenance responsibilities for the flood protection devices constructed as Stage IIIA of the Corps of Engineers Local Flood Control Project", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25101. 71861 - Moved by Dowie, seconded by Lichty that request of Allen W. Dettmer for refund of $100 Certificate of Competency fee as no longer an electric heating contractor, and Heating Inspector's recommendation for approval, be received, placed on file and refund granted. Ayes: Seven. Motion carried. 71862 Moved by Bowers, seconded by Lichty that request of John A. Johnson for Fagan Electric Co. for refund of $100 Certificate of Competency fee, and Heating Inspector's recommendation for approval, be received, placed on file and refund granted. Ayes: Seven. Motion carried. 71863 - Moved by Roehr, seconded by Geiger that Estimate #4 Report for Bridge Contract No. 11 with Community Development Board's recoumnendation for approval, be received, placed on file and "Resolution approving Report for work and materials furnished by Lunda Construction Com- pany for Demolition and Reconstruction of Sans Souci Bridges, West- field -Virden Urban Renewal Project Iowa R-7, Bridge Contract No. 11, and certifying payment accordingly", adopted. Ayes: Seven. Resolu- tion adopted and upon approval by Mayor, assigned No. 25102. 71864 Moved by Getty, seconded by Wilharm that "Resolution, Bills", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25103. 71865 - Moved by Bowers, seconded by Dowie that communication from Asst. City Attorney reporting title objections by Wallace Butler, Atty. to an exchange of deeds in 1953, and requesting that a hearing be set on proposal to convey to Allen Bower and Janice Bower, husband and wife, the North 10' of Lot 7, Peverill's Addition, be received, placed on file, approved and' Resolution rescinding Resolution No, 24996 adopted February 28, 1977, and fixing the time and place of hearing as May 9, 1977 on proposal to convey the North 10' of Lot 7, Pever- ill's Addition to Allen Bower and Janice Bower", adopted and Clerk instructed to publish notice of hearing. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25104. 71866 - Moved by Roehr, seconded by Bowers that "Resolution approving and accepting a certain Quit Claim Deed dated 11/21/52 from Ethyl J. Parks and Ray Parks, wife and husband, conveying unto the City of Waterloo, Iowa, the South Forty Feet of Lot Seven, Peverill's Ad- dition", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25105. 71867 Moved by Geiger, seconded by Bowers that the applications for thirty- nine (39) taxicab drivers, as per attached list submitted by Lemke & Williams, Inc. dba Waterloo Yellow Cab Co., 711 Commercial Street, for renewal of Taxicab Driver's Licenses for Year beginning May 1, 1977, together with approval of Police Department, be received, placed on file and licenses granted. Motion carried. 71868 Moved by Getty, seconded by Lichty that the applications, together with necessary fees, of Lemke & Williams, Inc. dba Waterloo Yellow Cab Co., 711 Coimnercial Street, Waterloo, Iowa, for sixteen (16) Taxicab Licenses for the Year beginning May 1, 1977, be received, placed on file and Licenses granted. Motion carried. 71869 - Moved by Geiger, seconded by Dowie that the application for Theatre License from Starlite Drive -In Theatre Co. dba Starlite Drive -In Theatre, 4000 University Avenue, be received, placed on file and granted. Motion carried. - 7 - 71870 - Moved by Bowers, seconded by Lichty that the application for 1977- 1978 Scavenger License to expire 5/1/78 from Howard L. Aten dba Howard Aten Services, Inc., Evansdale, Iowa, be received, placed on file and granted. Motion carried. 71871 Moved by Getty, seconded by Geiger that the application of Robert A. Wolfe dba Happy Joe's Pizza and Ice Cream Parlor, for permis- sion to sell cigarettes at 3362 University Avenue, be received, placed on file and granted. Motion carried. 71872 - Moved by Geiger, seconded by Lichty that the application of Wanda A. Abbe dba The Colony Club, 612 Maynard Avenue, for a dance license, be received, placed on file and granted. Motion carried. 71873 - Moved by Wilharm, seconded by Geiger that the following applications for Beer and Liquor Licenses, be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer and Liquor Class C Jerry E. Shaw dba Park Road Inn, 306 Park Road Vernette Grace Klenzman dba Vernie's Tap, 118 Commercial St. Thelma Luloff dba Fortune's Tavern, 328 Elm Street Motion carried. 71874 - Moved by Roehr, seconded by Bowers that Bituminous Casualty Corpora- tion Policy No. F 827 710 for period 5/15/77 to 5/15/80 for Business Interruption on Parking Ramps, at annual premium of $140.00, be re- ceived, placed on file and "Resolution accepting Bituminous Casualty Corporation Policy for Business Interruption on Parking Ramps, and directing and authorizing payment therefor", adopted. Ayes: Bowers, Geiger, Getty, Lichty, Roehr, Dowie: Declined to vote by reason of possible conflict of interest under Section 362.6 of Code of Iowa. Resolution adopted and upon approval by Mayor, assigned No. 25106. 71875 - Moved by Geiger, seconded by Roehr that report of City Attorney and list of bonds filed with Clerk through 4/25/77, be received, placed on file and report and bonds approved. Motion carried. 71876 - Moved by Geiger, seconded by Bowers that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk April 25, 1977