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HomeMy WebLinkAbout06/16/1975City Hall, Waterloo, Iowa REGULAR SESSION June 16, 1975 - 7:00 P.M. The City Council of the City of Waterloo, Iowa, met in Regular Session in the Council Chambers in the City Hall in said City at 7:00 P.M. on June 16, 1975. Mayor Rooff in the Chair. Present: Councilmen Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Absent: None. Councilman Calvin J. Geiger offered the invocation. 67986 - Moved by Roehr, seconded by Wilharm that the Agenda, as proposed, for the Regular Session of June 16, 1975 at 7:00 P.M., be accepted and approved. Motion carried. 67987 - Moved by Wilharm, seconded by Getty that the Minutes of the Regular Session held June 9, 1975 at 7:00 P.M., be approved. Motion carried. 67988 - Moved by Roehr, seconded by Lichty that the proof of publication of the Notice of Public Hearing on Re -zoning, upon the request of Kent Bukatz and J. R. Johnson, upon the recommendation of the City Plan and Zoning Commission and the City Council's own motion, to rezone all of Hospital Square in the City of Waterloo, except the south- west 110 feet, lying SWly of Leavitt Street between West Eighth Street and West Ninth Street, as fully described in said Notice published in the Waterloo Daily Courier on May 29, 1975, from "R-3" Multiple Residence District to "R-4" Multiple Residence District, be received and placed on file. Motion carried. 67989 The Mayor announced the time had arrived to hear objections, if any, and asked if anyone present wished to be heard or make objections, or if there were any written objections filed with the Clerk. The Clerk reported written objections had been filed by Mrs. Thomas Glidewell, 925 Leavitt Street, etal, under Council Action #67728 of 5/12/75 and with the Waterloo Plan and Zoning Commission at their hearing on May 19, 1975. Oral objections were made by: 1. Mrs. Clifford L. Martin, 1011 Leavitt Street, objected to addi- tional multiple dwellings which would cause congestion and park- ing problems. 2. Clayton Phillips, 1009 Grant Avenue, objected to congestion, parking problems and damage to curb and grass. 3. Mrs. Lloyd DaBillo, 927 West Seventh Street, objected to garbage congestion for 42 additional units. Speaking in support was: 1. Kent Bukatz Moved by Roehr, seconded by Wilharm that the above objections be received and placed on file. Motion carried. 67990 - After due consideration, it was moved by Roehr, seconded by Getty that the objections to said rezoning be overruled and the request of Ken Bukatz and J. R. Johnson approved. 2 67990 - (Continued) On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the motion carried. 67991 - Moved by Getty, seconded by Lichty that an Ordinance be drawn and submitted for said re -zoning. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the motion carried. 67992 - An Ordinance amending Ordinance No. 2479, as amended, by adding Sub - Section No. 71 to Section 2A-5, rezoning certain property in the City of Waterloo, Iowa, was read by the Clerk. Moved by Keller, seconded by Berdell that said ordinance be recorded as having passed its first reading. On roll call, Berdell, Geiger, Getty, Keller, Roehr and Wilharm voted Aye. Nay: Lichty. Absent: None. Mayor declared the motion carried. 67993 - Moved by Roehr, seconded by Wilharm that the proof of publication of the Notice of Hearing on Issuance of $735,000 Street Construction Bonds, $520,000 Sewer Construction Bonds, and $50,000 Flood Protec- tion Bonds of the City of Waterloo, Iowa, be received and placed on file. Motion carried. 67994 - The Mayor announced that this was the time and place for the public hearing on the matter of the issuance of $735,000.00 Street Con- struction Bonds, $520,000.00 Sewer Construction Bonds, and $50,000.00 Flood Protection Bonds of said City, and that notice of the intention of the Municipality to issue and of this public hearing had been pub- lished pursuant to the provisions of Chapter 23 of the Code of Iowa, 1973, as amended, and that proof of said publication is on file in the Clerk's Office. The Mayor then asked the Clerk whether any objections had been filed with her or the City to the proposed issuance of said bonds as con- templated by said Chapter 23 of the Code, and the Clerk reported that no such objections to the proposed issuance of said bonds had been filed. The Mayor then declared the public hearing on this matter official closed. The Council then discussed that before the above bonds may be issued and sold, it is necessary to advertise a public sale therefor. Moved by Wilharm, seconded by Roehr that Resolution No. 23985, a resolution fixing a date of sale and directing the advertisement for sale of $735,000.00 Street Construction Bond, $520,000.00 Sewer Con- struction Bonds, and $50,000.00 Flood Protection Bonds, be adopted. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 67995 - Moved by Getty, seconded by Berdell that the communication from the Community Development Administrator, transmitting a bid in the amount of $400.00 from Richard Anderson for the purchase of a city structure located at 2522 West Third Street, which is included in the Flood Control Project,to be moved to 1500 block of Archer Street, which has been approved by the Inspection Department and Planning Department, be received, placed on file, approved and accepted, and Resolution No. 23986, authorizing the sale of said city structure, adopted. On roll call, Berdell, Geiger, Getty, Keller, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Abstained: Lichty. Mayor declared the resolution adopted. June 16, 1975 - 3 - 67996 - Walter Clark reported the curbing was broken at East lith and Mul- berry Streets and inquired if it could be repaired. Mayor Rooff referred this to the City Engineer. 67997 - Helen Riley, 2240 Burton Avenue, reported nine horses were being kept on the property at the corner of Midland and Burton Avenues, very unsanitary conditions existed, and wanted something done about it Mayor Rooff said the Sanitation Department would be out on this in the morning. 67998 Gary McClure reported the building at 609 Cleveland Avenue was very dangerous, children were playing around it and it could be a death trap. He presented pictures. Mayor Rooff instructed Building Official Tusler to investigate in the morning. Moved by Roehr, seconded by Wilharm that the pictures be received and placed on file. Motion carried. 67999 - Moved by Keller, seconded by Wilharm that the communication from City Engineer, transmitting the request of Clyde Huntley Company for B & W Masonry, Contractor, for permission to widen the existing curb cut and approach from 16' to 32' at 472 Loma Street, as shown on the attachedsketch, and recommending approval subject to the provisions of his letter, be received, placed on file, recommendations approved and permission granted in accordance therewith at no cost to the City. Motion carried. 68000 - Moved by Getty, seconded by Roehr that the communication from the Community Development Administrator, submitting for Council consid- eration the offer of Roger J. Curran and Shirley A. Curran, Waterloo, Iowa, to purchase Disposal Parcel No. J-24 in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, 145 Lincoln Street, for a residential multi -family structure purposes, in the City of Waterloo, Iowa, for the sum of $1,500,00, and reporting the Community Develop- ment Board approved said sale, be received, placed on file, Resolu- tion No. 23987, authorizing the sale of Disposal Parcel No. J-24 in the Westfield -Virden Urban Renewal Area, Project Iowa R-7, adopted, and the date of hearing set as July 21, 1975 at 7:00 P.M. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 68001 - Moved by Roehr, seconded by Wilharm that the communication from the Community Development Administrator, submitting for Council consider- ation the offer of National Dairy Cattle Congress, Waterloo, Iowa, to purchase Disposal Parcel No. D -4(p) and Disposal Parcel No. D -4a (p), in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, 305, 303 Rainbow Drive, 131 Congress and Lot South, 104, 106, 110 and 175 Courier, for parking and a variety of purposes, in the City of Waterloo, Iowa, for the sum of $35,797.00, and reporting the Community Development Board approved said sale, be received, placed on file, Resolution No. 23988, authorizing the sale of Disposal Par- cel No. D -4(p) and Disposal Parcel No. D-4a(p) in the Westfield - Virden Urban Renewal Area, Project No. Iowa R-7, adopted, and the date of hearing set as July 21, 1975 at 7:00 P.M. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 68002 - Moved by Getty, seconded by Lichty that the communication from the City Engineer, transmitting request from Dale G. Berghaus for permis- sion to construct one (1) temporary asphalt driveway without regard June 16, 1975 68002 - (Continued) to sidewalk grade at 1803 for recording waiver, and visions of his letter, be and Resolution No. 23989, struction irrespective of 4 Howard Avenue, together with $3.00 in cash recommending approval subject to the pro - received, placed on file, request approved granting permission and authorizing con - later official grade, adopted. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 68003 - Moved by Getty, seconded by Roehr that the communication from the Equal Employment Opportunity Officer, transmitting for Council ap- proval a City of Waterloo Equal Employment Opportunity Policy State- ment, be received, placed on file and Resolution No. 23990, approving said Statement, be adopted. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 68004 - Moved by Roehr, seconded by Wilharm that the communication from the Community Development Administrator, transmitting Change Order No. 1 for additional work performed by Cedar Valley Corporation, Con- tractors, for the Randall -Wellington Area, Rock Island Avenue and Franklin -Mulberry Crossover, Contract No. 145, at an additional cost of $57.50, be received, placed on file, approved and the Mayor and City Clerk authorized to sign same in behalf of the City of Waterloo, Iowa. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the motion carried. 68005 - Moved by Wilharm, seconded by Roehr that the communication from the City Engineer, transmitting the construction plans for sanitary sewer facilities to serve Lots 1, 2, 3, 4, and 5 of Kingswood Addi- tion and Treatment Agreement Form C 4/73 with the Department of Environmental Quality, Water Quality Management Division, and recom- mending approval with final acceptance plans subject to review by said Department, be received, placed on file, recommendations ap- proved, and the Mayor and City Clerk authorized to execute said Agree- ment Form in behalf of the city of Waterloo, Iowa. Motion carried. 68006 - An Ordinance creating a Plan and Program Commission in the City of Waterloo, Iowa, was read by the City Clerk. Moved by Keller, seconded by Lichty that said Ordinance be recorded as having passed its third reading (the first having passed under Council Action #67901 of 6/2/75 and the second under Council Action #67948 of 6/9/75) and now placed on its final adoption. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the motion carried. 68007 - Moved by Wilharm, seconded by Getty that Ordinance No. 2742, an Ord- inance creating a Plan and Program Commission in the City of Waterloo, Iowa, be adopted. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the ordinance adopted. 68008 - An Ordinance creating a Zoning Commission in the City of Waterloo, Iowa, and providing for the appointment of members thereof, was read by the City Clerk. June 16, 1975 5 68008 - (Continued) Moved by Getty, seconded by Wilharm that said Ordinance be recorded as having passed its third reading (the first having passed under Council Action #67902 of 6/2/75 and the second under Council Action #67949 of 6/9/75) and now placed on its final adoption. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the motion carried. 68009 - Moved by Keller, seconded by Lichty that Ordinance No. 2743, an Ord- inance creating a Zoning Commission in the City of Waterloo, Iowa, and providing for the appointment of members thereof, be adopted. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the ordinance adopted. 68010 - Walter Clark inquired about unloading when making a delivery, and was informed if he was in the delivery business he could put a card in his car window saying "DELIVERY" and could stop to deliver. Mayor Rooff said a check was being made at Netty's Shoe Repair Shop to see if a parking meter could be removed and a loading zone estab- lished. 68011 - An Ordinance amending Ordinance No. 2644, known as the Traffic Ord- inance of the City of Waterloo, Iowa, by repealing Subsection (14) and (15) of Section 273 entitled "Stopping, Standing, or Parking", and enacting in lieu thereof new Subsection (14) and (15) of Sec- tion 273 entitled "Stopping, Standing, or Parking", .was read by the City Clerk. Moved by Roehr, seconded by Berdell that said Ordinance be recorded as having passed its third reading (the first having passed under Council Action #67903 of 6/2/75 and the second under Council Action #67947 of 6/9/75) and now placed on its final adoption. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the motion carried. 68012 - Moved by Keller, seconded by Getty that Ordinance No. 2744, an Ordin- ance amending. Ordinance No. 1644, known as the Traffic Ordinance of the City of Waterloo, Iowa, by repealing Subsections (14) and (15) of Section 273 entitled "Stopping, Standing, or Parking", and enact- ing in lieu thereof new Subsections (14) and (15) of Section 273 entitled "Stopping, Standing, or Parking", be adopted. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the ordinance adopted. 68013 - Mayor Rooff announced that on June 9, 1975 action was deferred on the third reading of an ordinance amending Ordinance No. 2446, known as the Milk Ordinance, and a new ordinance was being submitted with new inspection fees which met with everyone's approval. An Ordinance amending Ordinance No. 2446, as amended, known as the Milk Ordinance by repealing all of Section 5-A Inspection Fees and enacting in lieu thereof new Section 5-A Inspection Fees, was read by the City Clerk. Moved by Getty, seconded by Wilharm the rules requiring ordinances to be read in full on three separate days be suspended, that said ordinance be recorded as having passed its first, second and third readings, and now placed on its final adoption. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the motion carried. June 16, 1975 - 6 - 68014 - Moved by Getty, seconded by Lichty that Ordinance No. 2745, an Ord- inance amending Ordinance No. 2446, as amended, known as the Milk Ordinance by repealing all of Section 5-A Inspection Fees and en- acting in lieu thereof new Section 5-A Inspection Fees, be adopted. On roll call, Berdell, Geiger, Getty, Keller. Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the ordinance adopted. 68015 - An Ordinance re-establishing the Board of Park Commissioners as an adminitrative agency under the Code of Ordinances, City of Waterloo, was read by the City Clerk. Moved by Roehr, seconded by Wilharm that the rules requiring ordin- ances to be read in full on three separate days be suspended, that said ordinance be recorded as having passed its second and third readings (the first having passed under Council Action #67951 of 6/9/75), and now placed on its final adoption. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the motion carried. 68016 - Moved by Roehr, seconded by Lichty that Ordinance No. 2746, an Ord- inance re-establishing the Board of Park Commissioners as an admin- istrative agency under the Code of Ordinances, City of Waterloo, be adopted. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the ordinance adopted. 68017 - Moved by Getty, seconded by Wilharm that Resolution No. 23991, a resolution approving the minutes of the Waterloo Commission on Human Rights for their regular meeting held June 5, 1975, in the City of Waterloo, Iowa, be adopted. On roll call, Berdell, Geiger, Getty, Keller, Lichty,.Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 68018 - Moved by Getty, seconded by Wilharm that Resolution No. 23992, a resolution of the City Council of the City of Waterloo, Iowa, ap- proving and confirming a contract for architectural inspection ser- vices by and between the architecturalfirm of Flinn, Saito, and Andersen and the City of Waterloo, iowa, in connection with a turnkey project known as Iowa 50-3 for low rent housing for the elderly at Ridgeway and Kimball Avenues, Waterloo, Iowa, be adopted. On roll call, Berdell, Geiger, Getty, Keller, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Abstained: Lichty. Mayor declared the resolution adopted. 68019 - Moved by Roehr, seconded by Berdell that the communication from the Community Development Administrator, transmitting a proposed "Reso- lution establishing fair reuse value for certain parcels to be dis- posed of in the Westfield -Virden Urban Renewal Area, project No. Iowa R-7, and recommending approval, be received, placed on file and Resolution No. 23993, establishing said fair reuse value, adopted. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 68020 - Moved by Getty, seconded by Berdell that the communication from the Community Development Administrator, submitting for Council consider- ation the offer of The Salvation Army to purchase Disposal Parcels 1-3 and I -3a in the Westfield -Virden Urban Renewal Area, Project Iowa R-7, 219 Logan Avenue and 109 Argyle Street, for parking and jib parcel for common ground and grass area purposes, in the City of June 16, 1975 - 7 68020 - (Continued) Waterloo, Iowa, for the sums of $700.00 and reporting the Community Development received, placed on file, Resolution No of Disposal Parcels No. 1-3 and I -3a in Renewal Area, Project Iowa R-7, adopted as July 21, 1975 at 7:00 P.M. and $100.00 respectively, Board approved said sale, be . 23994, authorizing the sale the Westfield -Virden Urban , and the date of hearing set On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 68021 - Moved by Wilharm, seconded by Roehr that the communication from the Building Official, reporting the final inspection has been made for the installation of a plumbing system and connection to the City sewer at 603 Martin Road for Birthel & Betty A. Skinner, owners, by Carpenter's Plumbing, Inc., as authorized by Resolution No. 23708 of 2/3/75, and recommending payment in the amount of $1,438.00 with the cost to be assessed, be received, placed on file, Resolution No. 23995, approving the report, accepting the work, making assess- ment for the installation and authorizing payment in full to the contractors for said work, be adopted. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 68022 - Councilman Getty inquired if Civil Service had dropped the test scores and was informed that the scores had not been dropped, the tests were lengthy, had to go to Ames and Des Moines, and then certified. Moved by Roehr, seconded by Wilharm that the communication from the Fire Chief requesting Council approval of the following seven ap- pointments to the Waterloo Fire Department, be received, placed on file and approved: • Ralph Baracz Allen Houser Thomas Tiet j ens Motion carried. Steven Curry Joseph Sink Michael Pierce Barry Thompson 68023 - Moved by Getty, seconded by Wilharm that the application of Waterloo Royals Baseball -Local 838 for permission to stage fireworks display at Waterloo Royals Park', 850 Park Road on July 4, 1975, with alter- nate date of July 5, 1975, in case of inclement weather, together with bond, be received, placed on file and permission granted sub- ject to approval of the Fire Chief. Motion carried. 68024 - Moved by Keller, seconded by Lichty that application, bond and fee for Economart, Inc., 3842 West Airline Highway, for a license to conduct a Going -Out -Of -Business or Liquidation Sale, effective June 17, 1975 and to terminate August 17, 1975, be received, placed on file and license granted. Motion carried. 68025 - Moved by Roehr, seconded by Lichty that the following application, together with doctor's certificate and approval of the Chief of Police, for taxicab driver's license, be received, placed on file and the license granted: Connie G. Fox, 415 Seventh Street, LaPorte City, Iowa Motion carried. June 16, 1975 - 8 - 68026 - Moved by Getty, seconded by Roehr that the following applications for Massage Technician Permits, together with doctor's certificate and approval of the Chief of Police, together with fees in the amount of $25.00 each, be received, placed on file and Permits granted sub- ject to the requirements of ordinances governing same: Elizabeth Johnson, 136 Ricker Street Leilani Sue White, 3018 Illinois Street, Cedar Falls, Iowa Motion carried. 68027 Moved by Roehr, seconded by Getty that the following application for a Massage Business Permit, approved by the Police Chief, Fire Chief, Health and Sanitation Department and Building Official, together with fee in the amount of $25.00, be received, placed on file and Permit granted subject to the requirements of ordinance governing same: Kenneth Robert White dba Lady Fingers Massage, 1408 Black Hawk Street Motion carried. 68028 Councilman Getty questioned if the Waterloo Soft Ball Association had sales or services of 507 of total receipts in connection with the Sunday Sales Class "B" Beer application. Mayor Rooff recommended the license be approved and that the Asso- ciation be asked to produce their sale record. Moved by Getty, seconded by Lichty that the applications and fees as shown on the attached sheet for various Beer Permits and/or Beer and Liquor Licenses as designated, at the locations shown, in the City of Waterloo, Iowa, be, and the same are hereby approved for the is- suance of said Permits and/or Licenses, that the approval be en- dorsed on the applications and forwarded with fees and/or certified fee receipts to the Iowa Beer and Liquor Control Department, and duplicate copies of applications, be received, placed on file, and Resolution No. 23996, approving the applications, be adopted. BEER PERMIT APPLICATION Class "B" Waterloo Softball Association, 820 Longfellow Avenue BEER AND LIQUOR LICENSE APPLICATIONS Class "A" Loyal Order of Moose Lodge #328 of Waterloo, Iowa, 211 W. 18th St. Class "C" John E. and Mavorette S. Nosko dba Babe's Tap, 210 Division St. SUNDAY SALES Class "B" Beer Waterloo Sofball Ass'n, 820 Longfellow Avenue Class "A" Beer and Liquor Loyal Order of Moose Lodge ##328 of Waterloo, Iowa, 211 W.18th St. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 68029 - Councilman Lichty raised the question if taverns closed at 2:00 A.M., could people be allowed to remain in the tavern after that time. City Attorney Smith felt they could as long as no sales or consump- tion took place. 68030 - Moved by Geiger, seconded by Getty that the eighteen (18) applica- tions for permission to sell cagarettes at various locations in the City of Waterloo, Iowa, be received, placed on file, approved and the permits granted. Motion carried. June 16, 1975 - 9 - 68031 - Moved by Geiger, seconded by Getty that the report of the City At- torney, advising that the bonds filed with the City Clerk up to the close of business on June 16, 1975, as shown on the list attached to said report, have been approved by him, be received, placed on file, and the report and bonds approved. Motion carried. 68032 - Moved by Roehr, seconded by Geiger that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk June 16, 1975