HomeMy WebLinkAbout02/28/1977February 28, 1977
The Council of City of Waterloo, Iowa, met in Regular Session in Council
Chambers in City Hall at 7:00 P.M. on February 28, 1977. Mayor Rooff in the
Chair. On roll call, Present: Bowers, Dowie, Geiger, Getty, Lichty, Roehr,
Wilharm. Absent: None. Invocation by State Auditor Lloyd R.Smith.
71475 - Moved by Roehr, seconded by Bowers that the Agenda, as proposed, for
the Regular Session of February 28, 1977 at 7:00 P.M., be accepted
and approved. Motion carried.
71476
- Moved by Geiger, seconded
Session held February 22,
held February 24, 1977 at
by Dowie that the Minutes of the Regular
1977 at 7:00 P.M. and Special Session
4:30 P.M., be approved. Motion carried.
71477 - Lloyd R. Smith, Auditor of State of Iowa, presented the 1976 City of
Waterloo audit report made by his staff and commended the Mayor,
Council and Treasurer for the investment program which earned more
than $800,000 in interest.
Moved by WilhaLui, seconded by Roehr that the above 1976 City of Water-
loo audit report, be received, placed on file and State Auditor Lloyd
R. Smith thanked for his review of the report. Motion carried.
71478 - Moved by Dowie, seconded by Bowers that proof of publication of notice
of public hearing on proposal to vacate and convey to Ethel J. Parks
and Ray Parks, husband and wife, the North 40' of Lot 7, Peverill's
Addition, as published in the Waterloo Courier on February 17, 1977,
be received and placed on file. Motion carried.
71479 - The Mayor called for oral and written objections, and there were none.
Moved by Roehr, seconded by Wilharm that "Ordinance vacating the North
40' of Lot 7, Peverill's Addition", be received, placed on file, con-
sidered and passed for first time. Ayes: Seven. Motion carried.
71480 - Moved by Roehr, seconded by Dowie that 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: Seven. Motion carried.
71481 - Moved by Wilharm, seconded by Bowers that "Ordinance vacating the North
40' of Lot 7, Peverill's Addition", be adopted. Ayes: Seven. Ordin-
ance adopted and upon approval by Mayor, assigned No. 2868.
71482 - Moved by Roehr, seconded by WilhaLm that "Resolution authorizing the
conveyance of the North 40' of Lot 7, Peverill's Addition to Ray
Parks and Ethel J. Parks, husband and wife, and directing and author-
izing the Mayor and Clerk to execute and deliver a deed for said
property", be adopted. Ayes: Seven. Resolution adopted and upon
approval by Mayor, assigned No. 24996.
71483 - Moved by Getty, seconded by Lichty that proof of publication of notice
of public hearing on proposal to vacate, sell and convey a portion
of Ralph Road, subject to the retention of a utility easement, to
Herbert G. Smith, et al, as published in the Waterloo Courier on 2/10/77
for 5C per square foot plus costs, be received and placed on file.
Motion carried.
71484 - The Mayor called for oral and written objections, and there were none.
Moved by Bowers, seconded by Roehr that "Ordinance vacating a portion
of Ralph Road, with City retention of utility easement", be received,
placed on file, considered and passed for first time. Ayes: Seven.
Motion carried.
71485 - Moved by Roehr, seconded by Lichty that 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: Seven. Motion carried.
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71486 - Moved by Wilharm, seconded by Roehr that "Ordinance vacating a portion
of Ralph Road, with City retention of utility easement", be adopted.
Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned
No. 2869.
71487 - Moved by Roehr, seconded by Getty that "Resolution authorizing the
sale and conveyance of a portion of Ralph Road, with retention of
utility easement, to Theodore M. Schoefer and Paula R. Schoefer and
to Herbert G. Smith and Loris N. Smith, for 5C per square foot plus
costs, and directing and authorizing the Mayor and Clerk to execute
and deliver a deed for said property", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 24997.
71488 - Moved by Dowie, seconded by Bowers that proof of publication of notice
of public hearing on proposal to vacate, sell and convey all East-West
alley located between Ida Street and Courier Street, subject to the
retention of a utility easement, to Wendell Lockard Construction Com-
pany and the Culligan Soft Water Service, as published in Waterloo
Courier on February 17, 1977, for $80.00 and $160.00 plus costs re-
spectively, be received and placed on file. Motion carried.
71489 - The Mayor called for oral and written objections, and there were none.
Moved by Dowie, seconded by Bowers that "Ordinance vacating All of the
East-West Alley located between Ida Street and Courier Street, with
City retention of utility easement", be received, placed on file, con-
sidered and passed for the first time. Ayes: Seven. Motion carried.
71490 - Moved by Roehr, seconded by Getty that 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: Seven. Motion carried.
71491 - Moved by Getty, seconded by Wilharui that "Ordinance vacating All of
the East-West Alley located between Ida Street and Courier Street,
with City retention of utility easement", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor, assigned No. 2870.
71492 - Moved by Bowers, seconded by Dowie that "Resolution authorizing the
sale and conveyance of All East-West Alley located between Ida Street
and Courier Street, with retention of utility easement, to Wendell
Lockard Construction Company and to The Culligan Soft Water Service,
for $80.00 and $160.00 plus costs respectively, and directing and
authorizing the Mayor and Clerk to execute and deliver a deed for
said property", be adopted. Ayes: Seven. Resolution adopted and
upon approval by Mayor, assigned No. 24998.
71493 - Moved by Dowie, seconded by Bowers that proof of publication of notice
of public hearing to sell Disposal Parcel No. F -6B in Westfield Virden
Urban Renewal Area, Project Iowa R-7 (Falls Avenue), as published in
Waterloo Courier on 1/20/77, to Paul C. Stone, be received and placed
on file. Motion carried.
71494 - The Mayor called for oral and written objections, and there were none.
Moved by Wilharm, seconded by Bowers that "A resolution approving the
sale of Disposal Parcel No. F -6B in the Westfield -Virden Urban Renew-
al 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: Seven. Resolution adopted and upon approv-
al by Mayor, assigned No. 24999.
71495 - Mayor Rooff recognized Scott Wenthe of Boy Scout Troop 182, Devonshire
School.
71496 - Former Councilman Charles Dykeman, Chairman of Citizens Couununity
Development Block Grant Committee, presented a list of citizens re-
quests for improvements which were either not eligible or insuffic-
ient funds to include them in the final recommendations. He stated
February 28, 1977
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71496 - (Continued)
the most often mentioned were (1) paving and street repairs, (5)
dredging and beautification of the Cedar River (8) boat docks, (9)
four-way stop signs at Janney and Wallgate and at Hartman and Wallgate
(16) clean up of City lots, (23) historical preservation of Dunsmoor
House, (27) enforcement of loose dog control and related noise, (28)
enforce cleanup of alleys and streets, parking, junk and garbage sacks,
etc., (43) remove junk cars, all being items that were very important
to the people who presented them and deserved consideration. Mayor
Rooff thanked the committee for their many hours of work. Mr. Dyke -
man, as a citizen, supported the recommendation to raise the Council's
salary to $3,000 and Councilman Roehr favored a raise to $2400.
Moved by Wilharm, seconded by Geiger that the above list, be received
and placed on file. Motion carried.
71497 - Hugh Field, Atty. for R. C. Moore, asked the special assessment of
$5,786 for 301 E. 4th Street be reduced as method of computation was
not fair. City Engineer Radue reported five factors determine the
assessment (1) frontage: 50% (2) land area: 23% (3) land valuation:
14% (4) second frontage: 10% (5) building: 3%. A lengthy discussion
followed.
Moved by Wilharm, seconded by Bowers that the communication from the
City Engineer, transmitting two requests from Hugh Field, Attorney,
in behalf of R. C. Moore, for a reduction of the special assessment
against 301 East Fourth Street under the Downtown Fourth Street Im-
provement Project, Contract No. 152, and recommending denial, be re-
ceived, placed on file and said requests denied and City Engineer
instructed to proceed in accordance with the original assessment
method. Ayes: Seven. Motion carried.
71498 - Moved by Bowers, seconded by Dowie that request of Fred Debe on
behalf of Westgate Villa, Inc. and Pearl Smith, for Council on its
own motion to rezone from "A-1" Agricultural District to "R-2" One
and Two Family Residence District, "R-3 Multiple Residence District
and "R-4" Multiple Residence District, unplatted real property in
Section 3-88-13 located South of Hammond Hills Third Addition between
Hammond Avenue and St. Francis Drive, as shown in attached plat and
legally described in attached Exhibit "A", and City Zoning Couuuis-
sion's reco maendation for approval, be received, placed on file,
recommendations approved, date of hearing set as March 21, 1977 at
7:00 P.M. and Clerk instructed to publish notice. Ayes: Seven.
Motion carried.
71499 - Moved by Lichty, seconded by Dowie that request of Fred Debe on be-
half of Hurst Excavating, Inc., for Council on its own motion to
rezone from "R-3" Multiple Residence District to "R-4" Multiple Res-
idence District, ten lots in part of Lot 101, Huntington Park, and
City Zoning Commission's recommendation that request be amended to
include all the lots lying South of Lark Lane between Wren Road and
Scott Street, as shown on attached plat and legally described in
attached Exhibit "A", and approved, be received, placed on file,
recommendations approved, date of hearing set as March 21, 1977 at
7:00 P.M. and Clerk instructed to publish notice. Ayes: Seven.
Motion carried.
71500 - Moved by Bowers, seconded by Roehr that communication from City En-
gineer, reporting Court Sports, Inc. sanitary sewer extension has
been completed in accordance with accepted plans, will be maintained
as a private line, and recommending acceptance as a "private" sani-
tary sewer discharging into the Municipal system, be received, placed
on file, recommendations approved and accepted in accordance there-
with. Motion carried.
71501 - Under Council Action #k71333 of 1/24/77 action was deferred on Class
C Beer and Liquor and Sunday Sales License applications of Billards
Pocket Lounge, Inc. dba Corner Pocket Billiard Lounge, 3295 Univer-
sity Avenue, Asst. City Attorney Kennedy reported the Attorney Gen-
eral's office has filed the transcript and necessary documents and
the Judge would be ruling, possibly within the next month.
February 28, 1977
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71501 - (Continued)
Moved by Roehr, seconded by Wilharm that action on the above Class
C Beer and Liquor and Sunday Sales License applications of Billiards
Pocket Lounge, Inc. dba Corner Pocket Billiard Lounge, 3295 Univer-
sity Avenue, be further deferred pending Judge ruling on Beer Petuiit
appeal. Ayes: Seven. Motion carried.
71502 - Moved by Dowie, seconded by Bowers that construction plans for sani-
tary sewerage facilities serving Lockhaven 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 subject to review and acceptance by said De-
partment, be received, placed on file, recommendations approved and
Mayor and Clerk authorized to execute said Agreement Form. Motion
carried.
71503 - Moved by Roehr, seconded by Dowie that Construction Permit No. 77-224-
7 for Sanitary Sewer Extension, Huntington Road Storm Sewer District,
Contract No. 95, from the Iowa Department of Environmental Quality,
subject to certain conditions and requirements, be received and
placed on file. Motion carried.
71504 - Moved by Dowie, seconded by Getty that Preliminary Plat of Pinehurst
Addition with City Engineer's report, Deed of Dedication, Plan and
Program Commission's resolution of approval and recommendation for
Council approval, be received, placed on file and "Resolution ap-
proving the Preliminary Plat of Pinehurst Addition, Waterloo, Black
Hawk County, Iowa", adopted. Ayes: Seven. Resolution adopted and
upon approval by Mayor, assigned No. 25000.
71505 - Moved by Getty, seconded by WilhaLui that Final Plat of Parkridge
Addition, with Engineer's Certificate of Survey, Deed of Dedication,
Contract and Waivers, Report of City Engineer, Plan and Program
Coumnission's resolution of approval, and their recommendation for
Council approval, be received, placed on file and "Resolution ap-
proving the Final Plat of Parkridge 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. 25001.
71506 - Moved by Wilharm, seconded by Roehr that "An Ordinance establishing
amortization period for special assessment conditional deficiencies
on public improvement projects", be received, placed on file, con-
sidered and passed for the first time. Ayes: Seven. Motion carried.
71507 - Moved by Wilhaim, seconded by Dowie that 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: Seven. Motion carried.
71508 - Moved by Bowers, seconded by Roehr that "An Ordinance establishing
amortization period for special assessment conditional deficiencies
on public improvement projects", be adopted. Ayes: Seven. Ordinance
adopted and upon approval by Mayor, assigned No. 2871.
71509 - Moved by Roehr, seconded by Dowie that communication from Community
Development Administrator, transmitting copies of Temporary and Per-
manent Easement Agreements dated 2/21/77 from Dewey Willhite for
vacant lot in 1400 block of Garden Avenue for the sum of $600, and
recommending approval, be received, placed on file and "A resolution
authorizing the execution of a temporary and petinanent easement agree-
ment with Dewey Willhite of the City of Waterloo, Iowa in connection
with the Huntington Road Storm Sewer Project", adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 25002.
71510 - Moved by Getty, seconded by Geiger that action be deferred on adoption
of "A resolution authorizing the condemnation of certain parcels of
real property in the Black Hawk Creek Greenbelt Project". Motion
carried.
February 28, 1977
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71511 - Mayor Rooff said the only oiling to be done in 1977 would be by
petition and full assessment.
Moved by Roehr, seconded by Getty that communication from City En-
gineer, transmitting a list of assessment changes for the 1976 Oiling
Program, be received, placed on file and "Resolution to amend "Reso-
lution adopting and levying final schedule of assessments and pro-
viding for the payment thereof" and to re -levy corrected final assess-
ments and to confirm and approve prior action taken in connection
therewith for 1976 Oiling Program", adopted. Ayes: Seven. Resolu-
tion adopted and upon approval by Mayor, assigned No. 25003.
71512 - Moved by Getty, seconded by Wilharm that "Resolution, Bills", be
adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor,
assigned No. 25004.
71513 - Moved by Geiger, seconded by Roehr that Brice, Petrides & Associates,
Inc., Engineers, be instructed to prepare plans and specifications,
form of contract, estimate of cost, etc. for the Repairs to West
Side Parking Ramp, Minor Contract No. 90. Motion carried.
71514 - Moved by Wilharm, seconded by Roehr that the plans and specifications,
etc. for Minor Contract No. 90, be received, placed on file and "Res-
olution preliminarily approving plans and specifications, form of
contract, estimate of cost, etc. for Repairs to the West Side Parking
Ramp, Minor Contract No. 90", adopted. Ayes: Seven. Resolution
adopted and upon approval by Mayor, assigned No. 25005.
71515 - Moved by Geiger, seconded by Wilharm that the Clerk be instructed
to publish the notice of public hearing on plans and specifications
for Repairs to West Side Parking Ramp, Minor Contract No. 90, and
the taking of bids for the improvement, said date being set as March
21, 1977 at 7:00 P.M. Motion carried.
71516 - Moved by Dowie, seconded by Bowers that communication from Community
Development Administrator, transmitting the following offer of sale
to the City of Waterloo of certain real property for Virden Creek
Flood Control Project, Stage IV, and recommending acceptance, be re-
ceived, placed on file and "A resolution accepting and approving cer-
tain offers to sell real property to the City and accepting and ap-
proving certain deeds", adopted: Parcel No. VC -8 (Sage & Big Rock
Road) 16.53 Acres + flowage easement on 24.41 Acres - Harry Dierks
Estate - $40,000. Ayes: Bowers, Dowie, Geiger, Getty, Roehr, Wil -
harm. Nay: Lichty. Resolution adopted and upon approval by Mayor,
assigned No. 25006.
71517 - Moved by Roehr, seconded by Wilharm that following requests for per-
mission to attend functions, with expenses allowed not to exceed
amounts shown, be received, placed on file and approved: Zoning Com-
mission Chairman, Tom Douglas, and Director Robert Gunderson, Plan
and Program Commission Chairman Jim Lockard and the Director Jerry
Franke, to annual convention of Planning Officials, San Diego, Calif-
ornia, April 23 thru 28, 1977, $520.00 each. Ayes: Dowie, Geiger,
Lichty, Roehr, Wilharm. Nay: Bowers, Getty. Motion carried.
71518 - Moved by Geiger, seconded by Roehr 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
James J. Burke dba Westside Grocery, 923 W. 3rd Street
Beer Liquor License Application
Class A "Club"
Knights of Pythias-Furgeson Lodge #5, 244 Ash Street
Motion carried.
71519 - Moved by Geiger, seconded by Getty that the application of Willie
James Jones, 1027 Creston Street, for a taxicab driver's permit, be
received, placed on file and granted. Motion carried.
February 28, 1977
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71520 - Moved by Bowers, seconded by Dowie that report of City Attorney and
list of bonds filed with Clerk through 2/28/77, be received, placed
on file and report and bonds approved. Motion carried.
71521 - Moved by Geiger, seconded by Bowers that the Council adjourn. Motion
carried.
Katherine Gibbs,
City Clerk
February 28, 1977