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HomeMy WebLinkAboutMinutes-8/18/1975August 18, 1975 The Council of City of Waterloo, Iowa, met in Regular Session in Coun- cil Chambers in City Hall at 7:00 P.M. on August 18, 1975. Mayor Pro - Tem Wilharm in the Chair. On roll call, Present: Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Absent: None. Invocation offered by Councilman Getty. 68467 - Moved by Roehr, seconded by Getty that Agenda, as amerided, for the Regular Session of August 18, 1975 at 7:00 P.M., be accepted and approved. Motion carried. 68468 - Moved by Geiger, seconded by Roehr that Minutes of the Regular Session held August 11, 1975 at 7:00 P.M., be approved. Motion carried. 68469 - Moved by Roehr, seconded by Geiger that proof of publication of Notice of Public Hearing on proposal to sell Disposal Parcel No. J-29, Westfield -Virden Urban Renewal Area, Project Iowa R-7, 219-225 Park Road, published in Courier on July 17, 1975, to Roger J. Curran and Shirley A. Curran, be received and placed on file. Motion carried. 68470 - The Mayor Pro Tem announced the time had arrived to hear objec- tions and called for oral and written objections. Councilman Getty reported an objector and attorney could not attend this meeting and asked the hearing be adjourned. Moved by Getty, seconded by Roehr that the hearing on the proposal to sell Dis- posal Parcel No. J-29, Westfield -Virden Urban Renewal Area, Project Iowa R-7, 219-225 Park Road to Roger J. Curran and Shirley A. Curran be adjourned to August 25, 1975 at 7:00 P.M. in the Council Chambers in City Hall, at which time objections will be heard and action taken on said disposal. Motion carried. 68471 - Moved by Roehr, seconded by Geiger that proof of publication of Notice of Public Hearing on proposal to sell Disposal Parcel No. J-20, Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, 122 Lincoln Street, published in Courier on July 17, 1975, to Allan Maurer, be received and placed on file. Motion carried. 68472 - The Mayor Pro Tem announced the time had arrived to hear object- ions, and called for oral and written objections. No objections were made or filed. Moved by Getty, seconded by Roehr that "A Resolution approving the sale of Disposal Parcel No. J-20 in the Westfield -Virden Urban Renewal 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: Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Nays: None. Resolution adopted and upon approval by the Mayor Pro Tem, it was assigned a number and appears as Resolution 24131 in the official resolution book. 68473 - Moved by Getty, seconded by Geiger that proof of publication of Notice of Public Hearing on proposal to sell Disposal Parcel No. 8A, Logan Avenue Urban Renewal Area, Project No. Iowa R-2, 127 Webster Street, published in Courier on July 17, 1975, to Syl- vester Stigler, be received and placed on file. Motion carried. 68474 - The Mayor Pro Tem announced the time had arrived to hear object- ions, and called for oral and written objections. No objections were made or filed. Moved by Roehr, seconded by Getty that "A Resolution approving the sale of Disposal Parcel No. 8A in the Logan Avenue Urban Renewal Area, Project Iowa R-2, and authorizing the execution of the necessary contract for sale of land for private redevelopment and deed", be adopted. Ayes: Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Nays: None. Resolution adopted and upon approval by the Mayor Pro Tem it was assigned a number and appears as Resolution 24132 in the official resolution book. 68475 - Moved by Roehr, seconded by Lichty that proof of publication of Notice of Public Hearing on Re -Zoning, upon the request of Sus- annah J. Hoag, et al, upon recommendation of Zoning Commission and Council's own motion, to rezone from "C-2" Commercial Dis- trict to "R-2" One and Two Family Residence District the South 120' of Lots 6 through 13, Littlefield Addition, lying North of Flower Street between Sheerer Avenue and Littlefield Road,as published in Courier on July 31, 1975, be received and placed -2- on file. motion carried. 68476 - The Mayor Pro Tem announced the time had arrived to hear objec- tions, and called for oral and written objections. The Clerk reported no written objections had been filed. Oral objections was made by Hugh Field, Atty. for Guernsey, Ernie Lang and Ken- Jan, Inc., owners of the tracts being considered for rezone. Speaking in support were Susannah Hoag, Robert Hoag, DeWayne Sevey, Michael Quinlan. and Joy Freese. After considerable discussion, Moved by Roehr, seconded by Lichty that above ob- jections and support be received and placed on file. Motion carried. 68477 - Moved by Roehr, seconded by Berdell that objections to said re- zoning be overruled and the South 120' of Lots 6 through 13, Littlefield Addition, rezoned from "C-2" Commercial District to "R-2" One and Two Family Residence District. Ayes: Berdell, Geiger, Lichty and Roehr. Nays: Keller and Wilharm. Abstained: Getty. Motion carried. 68478 - Moved by Roehr, seconded by Berdell that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub-Section No. 73 to Section 2A-5, rezoning certain property", be considered and passed for the first time. Ayes: Berdell, Geiger, Lichty and Roehr. Nays: Getty, Keller and Wilharm. Motion carried. 68479 Moved by Roehr, seconded by Lichty that the proof of publication of Notice of Public Hearing on proposal to vacate a section of Black Hawk Street southeasterly of West 18th Street, as published in Courier on July 31, 1975, be received and placed on file. Motion carried. 68480 - The Mayor Pro Tem announced the time had arrived to hear object- ions, and called for oral and written objections. No objections were made or filed. Moved by Roehr, seconded by Getty that "An' Ordinance vacating a section of Black Hawk Street southeasterly of West 18th Street, in the City of Waterloo, Iowa", be consid- ered and passed for the first time. Ayes: Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Motion carried. 68481 - Moved by Getty, seconded by Berdell that the proof of publication of Notice of Public Hearing on proposal to vacate all the alley in Block 22, Auditor Rainbow's Plat of Maywood Second Filing, as published in Courier on July 31, 1975, be received and placed on file. Motion carried. 68482 - The Mayor Pro Tem announced the time had arrived to hear objec- tions, and called for oral and written objections. No objections were made or filed. Moved by Keller, seconded by Getty that "An Ordinance vacating all the alley in Block 22, Auditor Rain- bow's Plat of Maywood Second Filing, in the City of Waterloo, Iowa;'be considered and passed for the first time. Ayes: Ber- dell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Motion carried. 68483 Jerry Boyd reported that John L. Smith dba Midwest Paper Stock Co 2724 Lafayette Street, was continuing to do business without a license. City Attorney Smith stated an injunction would be filed and set for a hearing, which date could be next week or shortly thereafter, depending on the court schedule. 68484 - Councilperson Berdell reported a request for stop and go lights at the scene of a fatal accident on Donald Street. Moved by Berdell, seconded by Roehr that this request be referred to Quintin Parker, Traffic and Sign Department. Motion carried. 68485 Moved by Getty, seconded by Geiger that request from Cecil Burns, Contractor, for permission to construct three 16' commercial curb cuts, crr each at 3224, 3232 and 3235 Darlene Court, as shown on attached plat, and City Engineer's recommendations for approval subject to the provisions of his letter, be received, placed on file, recommendations approved and permission granted in accordance therewith. Motion carried. August 18, 1975 -3- 68486 - Moved by Roehr, seconded by Geiger that request from Power Engineering and Manufacturing, Ltd., 724 Sycamore Street, for one 30' curb cut on East Sixth Street, and to close three ex- isting curb cuts, one on Sycamore Street and two on East Sixth Street, as shown on the attached plat, and the City En- gineer's recommendations for approval subject to the provisions of his letter, be received, placed on file, recommendations approved and permission granted in accordance therewith. Mo- tion carried. 68487 Moved by Roehr, seconded by Getty that the offer of Ronald N. Weber, Waterloo, Iowa, to purchase Disposal Parcel No. A -20A, Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, 757 Logan Avenue, for construction of warehouse purposes, for the sum of $1,500, and report of Community Development Board they approved said sale, be received, placed on file, "Resolu- tion authorizing the sale of Disposal Parcel No. A -20A in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7," adopted, and hearing set for September 22, 1975 at 7:00 P.M. Ayes: Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wil - harm. Nays: None. Resoltuion adopted and upon approval by the Mayor Pro Tem, it was assigned a number and appears as Resolution 24133 in the official resolution book. 68488 Moved by Roehr, seconded by Lichty that communication from City Attorney reporting violations of law by Thunderbird Tap, 715 Ansborough Avenue, and that legal notice has been served on Dorothy Martin, Licensee, setting Monday, August 18, 1975 at 7:00 P.M. in Council Chambers in City Hall, Waterloo, Iowa, as time and place of Council hearing on proceedings to revoke her Class C Beer and Liquor License, be received and placed on file. Motion carried. 68489 - The Mayor Pro Tem announced the time had arrived for the hearing to determine whether the Class C Beer and Liquor License of Dorothy Martin dba Thunderbird Tap, 715 Ansborough Avenue, should be revoked because of two convictions of bartender Gerald R. Zeimer for selling beer to a minor. Oral objection was made by: Mrs. Dorothy Martin. After much deliberation, Mrs. Martin was warned to take precautions to prevent violations of the law, and it was moved by Roehr, seconded by Geiger that the above objections, be received, placed on file and sustained and said Class C Beer and Liquor License, not revoked. Ayes: Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Motion carried. 68490 - Moved by Roehr, seconded by Getty that the minutes of the Com- munity Development Board for their regular meeting held July -8, 1975, be received, placed on file and approved. Motion carried. 68491 - Under C. R. #68441 of 8/11/75 action was deferred on the request of George D. Keith, Atty. for Family Service League, for vaca- tion of certain streets and alleys, All in Railroad Addition, in the Logan Avenue Urban Renewal Project Iowa R-2, for study of portion of Saxon Street to be vacated. Jim Porter, owner of Lot 16 on Saxon Street, objected to vaca- tion of Saxon Street and the alley as he felt the Day Care Cen- ter had sufficient land without this street and alley. Comm- unity Development Administrator Mercer stated in the eyes of the City, this was legally vacated ten years ago and the pres- ent request was due to a defect which the Attorney wanted cor- rected. Moved by Keller, seconded by Getty that the above request be approved for streets and alleys described as "All of that part of Saxon Street lying East of Iowa Street between Lots 4, 5 and 6, Block 21 and Lots 13,14, 15 in Block 28; All the East-West alley lying between Iowa Street and East Fourth Street, Block 28 of Railroad Addition; All that part of the East-West alley lying between Lots 3 and 4 and Lots 9 and 10, Block 21, located between Iowa Street and East Fourth Street and North of that part of Saxon Street and South of Dane Street, All in Railroad Addition!' and "Resolution fixing the time and place of hearing and notice to be given relative to the vacation of said streets August 18, 1975 -4- 68491 - Continued and alleys as September 2, 1975, at 7:00 P.M. in the Council Chambers in City Hall, and instructing Clerk to publish notice of hearing," adopted. Ayes: Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Nays: None. Resolution adopted and upon approval by the Mayor Pro Tem, it was assigned a number and appears as Resolution 24134 in the official resolution book. 68492 - Under C.R. b68447 of 8/11/75 action was deferred on Offer of Sale from Harry E. Young to City, Lot 8, Block 16, Original Plat West Waterloo, 513-515 Bluff Street, for $20,000. Bob Lindgren, Pittsburgh Industries, asked if his lease had been taken into consideration. City Attorney Smith recommended that action be deferred on this Offer of Sale, and also the one from Harry Burd, until some groundwork could be done on the acquisition of these properties. Moved by Keller,seconded by Berdell that action on the above Offer of Sale from Harry E. Young be deferred until September 2, 1975. Motion carried. 68493 - Moved by Roehr, seconded by Getty that the Iowa State Highway Commission Form #562 "Application for use of Highway Right of Way for Utilities Accommodation" for the City of Waterloo, Iowa, for the installation of a sanitary sewer line under Iowa Highway #21 at Station 2375+ 37.4 for Orange Township Sanitary Sewer Outfall, Contract No. 177, together with site locations and typical x -sections of area and City Engineer's recommendation for approval, be received, placed on file, re- commendations approved and Mayor authorized to sign same app- lication. Motion carried. 68494 - Moved by Roehr, seconded by Getty that Contract and Bond with Frank Curran Construction in amount of $11,154.96 for 1975 New Sidewalk Program, Component I, Contract No. 42, be received, placed on file and "Resolution approving the Contract and Bond of Frank Curran Construction of Waterloo, Iowa, for the 1975 New Sidewalk Program, Component I, in the City of Waterloo, Iowa, being Contract No. 42", adopted. Ayes: Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Nays: None. Resolution adopted and upon approval by the Mayor Pro Tem, it was assigned a number and appears as Resolution 24135 in the official res- olution book. 68495 - Moved by Getty, seconded by Roehr that Contract and Bond with Grigg & Enos, Inc. in the amount of $26,584.52 for 1975 New Sidewalk Program, Component II, Contract No. 42, be received, placed on file and "Resolution approving the Contract and Bond of Grigg & Enos, Inc., Hudson, Iowa, for the 1975 New Sidewalk Program, Component II, in the City of Waterloo, Iowa, being Contract No. 42", adopted. Ayes: Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Nays: None. Resolution adopted and upon approval by the Mayor Pro Tem, it was assigned a number and appears as Resolution 24136 in the official res- olution book. 68496 - Personnel Director Leeper briefly explained the .:Manpower;program. Moved by Keller, seconded by Getty that Manpower Contract dated 8/18/75 between Black Hawk County Board of Supervisors and City of Waterloo for City's share ($65,523.00) of Department of Labor allocation for jobs for unemployed persons meeting require- ments of CETA, Title II guidelines, and Personnel Director's request for approval, be received, placed on file and "Resolution approving the Manpower Contract between Black Hawk County Board of Supervisors and City of Waterloo and authorizing the Mayor to execute same", adopted. Ayes: Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Resolution adopted and upon approval by the Mayor Pro Tem, it was assigned a number and appears as Resolution 24137 in the official resolution book. 68497 - Moved by Getty, seconded by Keller that Offer of Sale from Harry E. Burd to the City of Waterloo, Iowa, Parcel No. 8, 316-320 West Fourth Street, For $72,400.00, and Community Development Administrator's request for approval, be received, placed on file and action deferred until September 2, 1975. Motion carried. August 18, 1975 -5- 68498 - Moved by Roehr, seconded by Getty that the Operations and Main- tenance Manual for Completed Flood Protection Works dated Aug- ust, 1975, from the Corps of Engineers, Rock Island, Illinois, be received and placed on file. Motion carried. 68499 Moved by Roehr, seconded by Getty that "Resolution establishing fair reuse value for certain parcels to be disposed of in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7", to- gether with Community Development Board recommendation for app- roval, be received, placed on file, and adopted. Ayes: Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Nays: None. Resolution adopted and upon approval by the Mayor Pro Tem, it was assigned a number and appears as Resolution 24138 in the official resolution book. 68500 Moved by Roehr, seconded by Getty that the offer of Treasure Williams, Waterloo, Iowa, to purchase Disposal Parcel No. J=12, Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, 302 Columbia Street, for side yard purposes, for the sum of $100, and report of Community Development Board they approved said sale, be received, placed on file, "Resolution authorizing the sale of Disposal Parcel No. J-12 in the Westfield -Virden Urban Renew- al Area, Project No. Iowa R-7", adopted, and hearing set for September 22, 1975 at 7:00 P.M. Ayes: Berdell, Geiger, Getty, `Keller, Lichty, Roehr and Wilharm. Nays: None. Resolution a- dopted and upon approval by the Mayor Pro Tem, was assigned a number and appears as Resolution 24139 in the,)official resolu- tion book. 68501 - Moved by Getty, seconded by Berdell that the offer of Gerald 0. Johnson and Regina A. Johnson, Waterloo, Iowa, to purchase Disposal Parcel No. J-25, Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, 144 Harrison Street, for side yard pur- poses, for the sum of $275.00, and report of Community Develop- ment Board they approved the sale, be received, placed on file and "Resolution authorizing the sale of Disposal Parcel No. J- 25 in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7", adopted, and hearing set for September 22 1975 at 7:00 P.M. Ayes: Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Nays: None.. Resolution adopted and upon approval by the Mayor Pro Tem, it was assigned a number and appears as Resolution 24140 in the official resolution book. 68502 Councilperson Lichty pointed out that Third Ward extended across the Cedar River to the west side, the Park Commission, McElroy Auditorium, Conway Civic Center, and Recreation Center were all located in the Third Ward, there was only one person from the entire East Side serving on these Commissions and Board, the East Side had no imput in the decisions being made for these functions in the Third Ward and that the Council should appoint representation from the Third Ward on these commissions. She stated the Auditorium was not self supporting as the Budget all- ocated for 1974 was $176.581 income 53,190 and the City was pro- viding $123,000, she questioned the hiring of a non-resident as manager, and said they needed a "younger and more aggressive" person. Councilman Keller supported the appointment of Pinkie George as Manager, stating the City was fortunate to find a man with George's experience and ability. Councilman Roehr opposed the appointment on the grounds that the City's personnel policy sets 65 as retirement age. A discussion followed on the $13,200 salary when the budget allowed $12,500. Walter Kyle explained the personnel policy was not clear on hiring a person over 65 years and the salary was justified as no salary had been paid to him as acting manager. City Attorney Smith reported the Board had the power to employ a Manager and employees, and set salaries, without Council approval. Mayor Pro Tem Wilharm recommended approval of the appointment. Moved by Roehr, seconded by Lichty, that the request of McElroy Auditorium -Conway Civic Center Board for approval of appointment of Paul L. George as Manager of Mc- Elroy Auditorium, for an annual salary of $13,200, effective immediately, be received, placed on file and tabled. Motion carried. August 18, 1975 -6- 68503 Moved by Roehr, seconded by Geiger that the three Reports of Waterloo Civil Service Commission certifying following officers of Waterloo Fire Department as qualified and eligible for pro- motions to ranks as shown, be received and placed on file: From rank of Captain to rank of Division Chief or Assistant Chief A. Ecklund, D. Lorraine, V. Fairbanks, H. Wenzel, V. Cutsforth, E. Fortune. From rank of Lieutenant tc rank of Captain S. Stapella, R. Scharnweber, K. Crowley, T. Shepherd, L. Cuts - forth, R. Rohle, M. Cook, H. Claus, B. Libbey, M. Ellison To rank of Lieutenant M. Olds, D. Paulson, M. Connell, D. Moore, J. Weber, F. Magsamen, G. Smith, R. Moore, D. Ahlhelm, P. Vollbrecht Motion carried. 68504 Moved by Keller, seconded by Getty that request of Fire Chief for approval of following promotions in Fire Department, effect- ive August 19, 1975, be received, placed on file and approved: Lt. Stanley Stapella to rank of Captain; Fireman Marvin Olds, Duane Paulson, Michael Connell and Dennis Moore to rank of Lieu- tenant. Motion carried. 68505 Moved by Getty, seconded by Geiger that following requests for permission to attend functions, with expenses allowed not to exceed amounts shown, be received, placed on file and ap-= proved: Building Official to 53rd Annual Business Meeting of the International Conference of Building Officials, Monterey, Cali- fornia, September 28, 1975 thru October 3, 1975, expense $525.00 + registration of $120.00. Fire Chief to International Associa- tion of Fire Chiefs Annual Meeting, Las Vegas, Nevada, September 14 thru 18, 1975, expense $480.00. Ayes: Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Nays:; None. Motion carried. 68506 City Clerk Gibbs reported the Notice of Hearing on proposed plans and specifications, etc. and taking of bids for the 1975 Paving Program, Contract No. 135, had inadvertently not been published the second time, August 14, 1975, by the Courier and this would necessitate moving the hearing to a later date in order to meet the first and second publication requirements. Moved by Getty, seconded by Roehr "Resolution ordering City Clerk to republish notice to bidders and fixing a date for receiving same and for a public hearing on plans, specifications and form of contract", be adopted, with date set as September 8, 1975. Ayes: Berdell, Geiger, Getty. Keller, Lichty, Roehr and Wilharm. Nays?. None. Resolution adopted and upon approval by the Mayor Pro Tem, it was assigned a number and appears as Resolution 24141 in the official resolution book. 68507 - Moved by Roehr, seconded by Getty that applications and fees of Joyce Marlene Boyd, 316 Manson Street, and Kenneth C. Hogan, 164 Lovejoy Avenue, for taxicab driver permits, be received, placed on file and granted. Motion carried. 68508 Moved by Getty, seconded by Roehr that the following applica- tions for Beer Permits and Beer and Liquor Licenses, be rece- ived, placed on file, approved, the approval endorsed on appli- cations and same forwarded to the Iowa Beer and Liquor Control Department_ : Beer -Class B Mary Elizabeth Terry dba Little Harlem Inn, 110 Linn (Renewal) Street Beer - Class C Richard E. Griffith dba Griff's Deep Rock- 801 Frank- (Renewal) lin Street Ronnie Joe Riebe dba Rons Super Value No. 2, 2401 (Renewal) Falls Avenue Ronnie Joe Riebe dba Rons Super Value No. 3, 916 La- (Renewal) porte Road Ronnie Joe Riebe dba Rons Super Value No. 4, 2834 (Renewal) Ansborough Avenue August 18, 1975. 68508 Continued Beer and Liquor - Class C Dewey S. Hundley dba Ritz Tavern, 320 West 4th Street Dennis Petersen dba Airliner Lounge, 3850 W. Airline Highway Waterloo Bowl In, 120 Jefferson Street Sunday SaleT Beer and Liquor - Class C Waterloo Bowl In, 120 Jefferson Street Motion carried. (Renewal) (Renewal) (Renewal) (Renewal) 68509 Moved by Roehr, seconded by Getty that five renewal applications for permission to sell cigarettes at various locations, be re- ceived, placed on file and granted. Motion carried. 68510 Moved by Geiger, seconded by Getty that report of City Attorney and list of bonds filed with Clerk through 8/18/75, be received, placed on file and report and bonds, as listed, approved. Mo- tion carried. 68511 - Moved by Berdell, seconded by Geiger that Council adjourn. Mo- tion carried. Katherine Gibbs, City Clerk August 18, 1975