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Home My WebLink About03/07/1977March 7, 1977 The Council of City of Waterloo, Iowa, met in Regular Session in Council Chambers in City Hall at 7:00 P.M. on March 7, 1977. Mayor Rooff in the Chair. On roll call, Present: Bowers, Dowie, Geiger, Getty, Lichty, Roehr, Wilharm. Absent: None. Invocation by Councilman Getty. 71526 - Moved by Roehr, seconded by Bowers that the Regular Session of March 7, 1977 at approved. Motion carried. 71527 - Moved by Geiger, seconded by Lichty that Session held February 28, 1977 at 7:00 P sion held March 3, 1977 at 7:00 P.M., be the Agenda, as amended, for 7:00 P.M., be accepted and the Minutes of the Regular .M., and of the Special Ses approved. Motion carried. 71528 - A written request from Rev. William Myrick was presented to proceed with construction of the First Assembly of God Church at 2504 Gloria Drive as per plans and specifications submitted to the Council on 12/22/75 with exception of providing a hard surface parking lot but assuming full responsibility for dust control with hard surface park- ing lot to be provided as soon as funds are available. A discussion followed on interpretation of the building code, city policy and waiving of the parking lot requirements. Moved by Roehr, seconded by Wilharm that the above request be re- ceived, placed on file and referred to the Plan and Program Com- mission and the Zoning Coumiission with a report back on March 14, 1977. Motion carried. 71529 - Moved by Dowie, seconded by Getty that communication from City Engin- eer, transmitting request from L. M. Properties, Inc. for permission to plant eight trees around the Russell Lamson Building, four o Commercial Street and four on West Fifth Street, as shown on attached plat, and recommending approval subject to the provisions of his letter and providing liability insurance and maintaining the trees, be received, placed on file, recommendations approved and permission granted in accordance therewith. Motion carried. 71530 - Moved by Roehr, seconded by Wilharm that communication from Iowa Department of Environmental Quality dated 3/1/77 reporting additional time has been agreed to in connection with the City of Waterloo's Compliance Schedule Modification Request, be received and placed on file. Motion carried. 71531 - Mayor Rooff reported that in the meeting he and the Deere & Company representatives had with the Iowa Department of Environmental Qual- ity, they said consideration would be given to a time extension to allow the cities to finalize the metropolitan sewer system and the City would be hearing within three to four weeks. Bill Slade of Deere & Company stated a formal request has been submitted and Mayor Rooff remarked that "if we continue to work together, we can solve problems." 71532 - Under Council Action #71510 of 2/28/77 action was deferred on the adoption of "A resolution authorizing the condemnation of certain parcels of real property in the Black Hawk Creek Greenbelt Project". Several reasons were given for the condemnation, including park and highway purposes. Mayor Rooff recommended the resolution be denied until the Council was sure of the purpose for condemnation, that the City should not take property away from the owner without good reason, and these parcels could not be built on as they were in the flood plain. In the discussion it was pointed out that this could be brought back for action to provide trails in the park or for Ridgeway Avenue street widening purposes. Moved by Getty, seconded by Wilharm that the above resolution be denied. Ayes: Seven. Motion carried. - 2 - 71533 - Moved by Dowie, seconded by Lichty that communication from Plan and Program Director, transmitting a Quit Claim Deed dated 4/26/76 from St. Francis Hospital of Franciscan Sisters, Wheaton, Illinois, be received, placed on file and "Resolution approving and accepting a Quit Claim Deed from St. Francis Hospital of Franciscan Sisters conveying unto the City of Waterloo real property in SE 4 of Section 3-88-13, that portion of St. Francis Drive adjacent to Hammond Hills Third Addition, and directing the recording of same", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25007. 71534 - Moved by Roehr, seconded by Bowers that Preliminary Plat of South Ridge Terrace Second Addition, with Report of City Engineer, Deed of Dedication, Plan and Program Commission's resolution of approval and their recommendation for Council approval, be received, placed on file and "Resolution approving the Preliminary Plat of South Ridge Terrace Second Addition", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25008. 71535 - William Mclntee, developer, stated that in Cloverdale Acres, Replat No. 1, water, sewer and streets would be put in but not sidewalk and driveway approaches, which would reduce the price for the 40 lots involved. A discussion followed on City's policy on hard surfacing, State mandate, and the necessity for a sidewalk study. Moved by Bowers, seconded by Roehr that Preliminary Plat of Cloverdale Acres Replat No. 1, with Report of City Engineer, Deed of Dedication, Plan and Program Commission's resolution of approval and their recom- mendation for Council approval subject to the inclusion of sidewalks in the Deed of Dedication, be received, placed on file, "Resolution approving the Preliminary Plat of Cloverdale Acres, Replat Number One, Waterloo, Iowa", adopted, subject to the inclusion of sidewalks and driveway approaches in the Deed of Dedication. Ayes: Bowers, Dowie, Geiger, Roehr. Nays: Getty, Lichty, Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 25009. 71536 - Moved by Dowie, seconded by Bowers that Final Plat of Granger's Ad- dition, with Engineer's Certificate of Survey, Deed of Dedication, Contract and Waivers, Report of City Engineer, Plan and Program Com- mission's resolution of approval and their recommendation for Council approval, be received, placed on file and "Resolution approving the Final Plat of Granger's Addition, Waterloo, Black Hawk County, Iowa", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25010. 71537 - Street names conforming to the Cities existing network was discussed; Fred Debe supported the use of different names and City Engineer Radue recommended continuation of existing street names for fire, police and ambulance protection. Moved by Wilharm, seconded by Lichty that Final Plat of Prairie Mea- dow West Fourth Addition, 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 recom- mendation for Council approval, be received, placed on file and "Resolution approving the Final P:Lat of Prairie Meadow West Fourth Addition, Waterloo, Black Hawk County, Iowa", adopted. Ayes: Getty, Lichty, WilhaLm. Nays: Bowers, Dowie, Geiger, Roehr. Motion not carried. 71533 - Moved by Roehr, seconded by Dowie that Final Plat of Prairie Meadow West Fourth Addition, 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 ap- proving the Final Plat of Prairie Meadow West Fourth Addition, Water- loo, Black Hawk County, Iowa", adopted, subject to the street names conforming to the City's existing network. Ayes: Bowers, Dowie, Geiger, Roehr. Nays: Getty, Lichty, Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 25011. March 7, 1977 - 3 - 71539 - Moved by Bowers, seconded by Dowie that Final Plat of Hammond Hills Fourth Addition, with Engineer's Certificate of Survey, Deed of Dedi- cation, Contract and Waivers, Report of City Engineer, Plan and Pro- gram Commission's resolution of approval and their recommendation for Council approval, be received, placed on file and "Resolution approving the final plat of Haumiond Hills Fourth Addition, Waterloo, Black Hawk County, Iowa", adopted. Ayes: Seven. Resolution a- dopted and upon approval by Mayor, assigned No. 25012. 71540 - Moved by Dowie, seconded by Getty that communication from Plan and Program Director, transmitting a proposed "Ordinance to amend Ordin- ance No. 2479, Zoning Ordinance, Part V, General Regulations, Section 2A-7, by adding Section M, Conditional Zoning, Thereto", and recom- mending approval, be received, placed on file and said Ordinance considered and passed for the first time. Ayes: Seven. Motion car- ried. 71541 - Moved by Roehr, seconded by Bowers that "Resolution directing the advertisement for sale of $208,000.00 Street Improvement Bonds and $98,000 Sewer Improvement Bonds (1975 Paving Program, Contract No. 135 and 1975 Orange Township Sanitary Sewer Improvement Project, Contract No. 181)", be adopted and sale date set as March 28, 1977. Ayes: Seven. Resolution adopted and upon approval by Mayor, as- signed No. 25013. 71542 - Moved by Roehr, seconded by Getty that communication from City Engin- eer, proposing adoption of following permit fee charges for sidewalks, driveways (including curb cuts), and excavating permits, and recom- mending said fees be established by ordinances, be received, placed on file, recommendations approved and City Attorney instructed to submit ordinances accordingly: Fee New Sidewalks $10.00 Sidewalk Repairs 2.00 Driveway Construction 10.00 Street Excavation Permit 2.00 Motion carried. 71543 - Moved by Dowie, seconded by Bowers that communication from Plan and Program Director, transmitting two Offers to Buy the following two parcels of land by the City of Waterloo from the Iowa Department of Transportation, for the amounts as shown, and recommending approval, be received, placed on file, approved, Mayor and Clerk authorized to execute same, and directing a warrant be issued in payment for same: FU -63-6(1)--25-07 Parcel 22, 23 and 24, in SEly portion of Lots 5, 6 and 7, Block 4, Woodlawn Addition - $100.00 - for future utility purposes; FU -63-(1)-- 25-07 Parcel Nos. 43 and 45, located in part of Lots 45 and 46, Auditor Francis' West Side Plat - $1.00 - for future street purposes. Ayes: Seven. Motion carried. 71544 - Moved by WilhaLut, seconded by Geiger that communication from City Engineer, transmitting a Proposed Right -of -Way Legal Description for the portion of Riverside Drive relocated between Riehl Street and Norwood Avenue, and recommending said Right -of -Way, as proposed, be established by resolution, be received, placed on file and action deferred until March 14, 1977. Motion carried. March 7, 1977 - 4 - 71545 - Moved by Bowers, seconded by Lichty that following requests for permission to attend functions, with expenses allowed not to exceed amounts shown, be received, placed on file and approved: Zoning Commissioner to Annual Convention of Planning Officials, San Diego, California, April 23 thru 28, 1977, $290.00; Milk Sanitarian and Assistant to Annual Meeting of Iowa Milk & Food Sanitarians and the Dairy Industry Conference, Ames, Iowa, March 21 and 22, 1977, $90.00 plus use of City car. Ayes: Seven. Motion carried. 71546 - Moved by Roehr, seconded by Wilharm 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 Permit Application - Class C Chieftain Oil Co. of Iowa, Inc., 217 Washington Street Beer Liquor License Applications Class C Lindbergh Whitis dba Club Rendezvous, 829 E. 4th Street Irene D. Martin dba 929 Tap, 929 W. 5th Street Alvin P. Costa dba Babes Tap, 210 Division Street Motion carried. 71547 - Moved by Geiger, seconded by Bowers that the application of The Brown Bottle, 2092 West Fifth Street, for permission to sell cigar- ettes, be received, placed on file and permit granted. Motion car- ried. 71548 - Moved by Bowers, seconded by Dowie that report of City Attorney and list of bonds filed with Clerk through 3/7/77, be received, placed on file and report and bonds approved. Motion carried. 71549 - Moved by Bowers, seconded by Getty that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk March 7, 1977