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HomeMy WebLinkAbout05/19/19751 City Hall, Waterloo, Iowa REGULAR SESSION May 19, 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 May 19, 1975. Mayor Rooff in the Chair. Present: Councilmen Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Absent: None. Councilman Harold E. Getty offered the invocation. 67758 - Moved by Roehr, seconded by Wilharm that the Agenda, as proposed, for the Regular Session of May 19, 1975 at 7:00 P.M., be accepted and approved. Motion carried. 67759 - Moved by Wilharm, seconded by Lichty that the Minutes of the Regular Session held May 12, 1975 at 7:00 P.M., be approved. Motion carried. 67760 Moved by Roher, seconded by Wilharm that the proof of publication of the Notice of Public Hearing on Proposal to Sell Real Estate in the City of Waterloo, Iowa, known as Disposal Parcel No. J-18, in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, 121 Chest- nut Street, as fully described in the said notice published in the Waterloo Daily Courier on April 17, 1975, to Gerald D. Conner and Sally Jo Conner, be received and placed on file. Motion carried. 67761 - The Mayor announced the time had arrived to hear objections, if any, and asked if anyone present wished to be heard or make objection, or if any written objections had been filed with the Clerk. No one appeared to object orally and the City Clerk reported there had been no written objections placed on file. After public hearing and no objections having been made or filed, it was moved by Keller, seconded by Getty that Resolution No. 23905, a resolution approving the sale of Disposal Parcel No. J-18 in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, and auth- orizing the execution of the necessary contract for sale of land for private redevelopment anddeed, be adopted. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 67762 - Moved by Roehr, seconded by Wilharm that the proof of publication of the Notice of Public Hearing on Proposal to Sell Real Estate in the City of Waterloo, Iowa, known as Disposal Parcel No. F-19 in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, 116 Paul Avenue, as fully described in the said notice published in the Water- loo Daily Courier on April 17, 1975, to Roger J. Curran and Shirley A. Curran, be received and placed on file. Motion carried. 67763 The Mayor announced the time had arrived to hear objections, if any, and asked if anyone present wished to be heard or make objection, or if any written objections had been filed with the Clerk. No one appeared to object orally and the City Clerk reported there had been no written objections placed on file. Moved by Getty, seconded by Berdell that Resolution No. 23906, a resolution approving the sale of Disposal Parcel No. F-19 in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, and auth- orizing the execution of the necessary contract for sale of land for private redevelopment and deed, be adopted. 2 67763 (Continued) On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 67764 - Moved by Roehr, seconded by Getty that the proof of publication of the Notice of Public Hearing on Proposal to Sell Real Estate in the City of Waterloo, Iowa, known as Disposal Parcel No. 33c -Logan Avenue Ur- ban Renewal Area, Project No. Iowa R-2, 409 Almond Street, as fully described in the said notice published in the Waterloo Daily Courier on April 17, 1975, to Margarite Buchanan, be received and placed on file Motion carried. 67765 The Mayor announced the time had arrived and asked if anyone present wished to be if any written objections had been filed No one appeared to object orally and the had been no written objections placed on to hear objections, if any, heard or make objection, or with the Clerk. City Clerk reported there file. After public hearing and no objections having been made or filed, it was moved by Geiger, seconded by Berdell that Resolution No. 23907, a resolution approving the sale of Disposal Parcel No. 33-c in the Logan Avenue Urban Renewal Area, Project No. Iowa R-2, and authoriz- ing the execution of the necessary contract for sale of land for pri- vate redevelopment and deed, be adopted. On roll call, Berdell,Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 67766 Larry Lehman of Lehman Trucking & Excavating requested the truck em- bargo on Homer Street and Lakeside Street be lifted for three to four weeks for hauling of fill needed for completion of the west bank approaches to the railroad bridge, with his firm to be respon- sible for street damages. Moved by Getty, seconded by Lichty that the above request be received, placed on file and the truck embargo on Homer Street and Lakeside Street lifted for three weeks subject to the approval of the Street Department and to using the field when possible. On roll call, Getty, Keller and Lichty voted Aye. Nay: Berdell, Geiger, Roehr and Wilharm. Absent: None. Mayor declared the motion lost. 67767 - John Nenow, 2035 Locke Avenue, supported by Ivan Petrie and Paul Cox, complained to the Council that persons going into the Round- house Lounge, 1507 LaPorte Road, were parking their cars outside of the parking lot and on Locke Avenue. Mayor Rooff stated he would have a check made and would ask for rec- ommendations from Quintin Parker of the Sign and Traffic Department. 67768 - Everett Johnson, Mrs. Gerald Stocks and Barbara Pint, all of 500 block of Adrian Street, objected to the filling of holes in Adrian Street between Lafayette Street and Highway 20 with crushed rock, and presented a petition for oiling the street with no crushed rock used and for consideration for a permanent paved road with curb and gutter. Moved by Getty, seconded by Geiger that the petition be received, placed on file and referred to the Engineering Department with a re- port back n May 27, 1975. Motion carried. May 19, 1975 'ow ( \ - 3 - 67769 - William Day, Manager and Ron Shakey, Owner of the Castle, 319 West Fourth Street, inquired as to an ordinance regulating the carrying out of containers from taverns after hours, stating they were in favor of more control and an ordinance which would prohibit open containers being taken from bars and taverns. Mayor Rooff replied he was in the process of getting copies of other City ordinances which would be turned over to the City Attorney to study. 67770 - Moved by Roehr, seconded by Lichty that the communication from the City Engineer, transmitting a request from Jack M. Beck in behalf of Iowa Dwellings Corporation, for sewer extension into the City sewer system at 3619 West Fourth Street, as shown on the attached sketch, and recommending acceptance subject to the conditions as stated in said Corporation's letter of 5/15/75, be received, placed on file, recom- mendations approved and accepted in accordance therewith, subject to the City receiving a deed for the necessary 17' for the easement. Motion carried. 67771 - W. Louis Beecher, Atty. for Jack Jacobs & Company, requested that action be delayed a week on the request for a commercial access off of Ridgeway Avenue, as neither he nor Fred Debe were prepared to talk at this time. Moved by Getty, seconded by Berdell that the communication from the City Engineer, transmitting a request from W. Louis Beecher, Atty. in behalf of Jack Jacobs & Company, for a commercial access off of East Ridgeway Avenue near the Fire Station No. 8 to serve the K - Mart site, and recommending denial, be received, placed on file and action deferred until May 27, 1975. Motion carried. 67772 Moved by Getty, seconded by Wilharm that the communication from the City Engineer, transmitting the request from Claude Gardner Construc- tion, Inc. for permission to construct a 16' commercial curb cut at 1048 Langley Road, as shown on the attached plat, and recommending approval, subject to the provisions of his letter, be received, pla- ced on file, recommendations approved and permission granted in ac- cordancetherewith at no cost to the City. Motion carried. 67773 - Moved by Roehr, seconded by Lichty that the communication from the City Engineer, transmitting a request from Weissman Steel Supply for permission to construct one (1) 30' and two (2) 40' curb cuts at 700 Falls Avenue, and to widen existing curb cut on north side of Falls Avenue from 33' to 70', as shown on the attached plat, and recommend- ing approval subject to the provisions of his letter, concurred by the Community Development Board, be received, placed on file, and action deferred until May 27, 1975 for further study. Motion carried. 67774 Moved by Wilharm, seconded by Roehr that the communication from the City Engineer, transmitting a request from K -Line Farms, Inc. for permission to construct a 25' commercial entrance on West Fourth Street to serve Timberline Patio Homes, as shown on the attached plat, 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. 67775 Moved by Roehr, seconded by Lichty that the communication from the City Engineer, transmitting request from Harold F. Stone for permis- sion to construct one (1) temporary asphalt driveway without regard to a sidewalk grade at 1181 Lorraine Avenue, together with $3.00 in cash for recording wiaver, and recommending approval subject to the provisions of his letter, be received, placed on file, request approved and Resolution No. 23908, granting permission and authoriz- ing construction irrespective of later official grade, be adopted. 4 67775 - (Continued) On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 67776 Moved by Roehr, seconded by Wilharm that the communication from the Black Hawk County Auditor, advising offers have been made for the following properties, in the amounts shown, on which Black Hawk Coun- ty holds title, and requesting City Council approval to accept these offers for less than taxes specified and with the provision that cer- tain properties as designated be sold subject to the City of Waterloo waiving all special assessments and the City to receive proceeds of sale to cover all or part thereof said special assessments, together with reports of Building Official and Property Administrator, be re- ceived, placed on file and sale of said properties approved subject to the above provisions: Total Assessments & Taxes Property Description Total Total Special Special Assessments Assessments to Be Waived Bid Auditor RainbowsReplat Waterloo, All Lot 9 Ex- cept W 15' N 223/4' Shilliams Waterloo, Shilliams Waterloo, 2nd Subdivision Lot 1 2nd Subdivision Iowa Lot 2 Shilliams 2nd Subdivision Waterloo, Iowa Lot 3 714 Willow Street Rose Hill Replat Waterloo, Lot 14, Block 1 615 Quincy Street Rose Hill Addition Waterloo, Lot 1, Block 8 Lot 10, Block 8 Rose Hill Addition Waterloo, Lot 2, Block 8 Hilltop Place Addition, Waterloo the vacated por- tion of Meadow Lane lying between Lot 7, Hilltop Place Addition and Lot 1 Homes Add. $1,318.66 $ 11.42 None $896.50 2,115.65 742.21 1,503.41 654.54 2,088.74 1,875.33 903.96 Manson's 3rd Addition 2,172.55 Waterloo, Lot 8, Block 8 Smith's Subdivision, Water- 1,343.53 loo, W 29' Lot 8 and Lot 9 Exc. S 6' Lot 9 127 Smith Street 2,018.90 495.16 1,139.98 55.51 1,980.54 1,776.37 $1,818.90 345.16 989.98 None 1,880.54 1,641.37 None None 1,418.56 1,318.56 17.34 None 200.00 150.00 150.00 65.00 100.00 135.00 100.00 100.00 50.00 Litchfield Addition, 1,366.30 53.79 None 170.00 Waterloo Lot 27, Block 1 1251 Ackermant Street On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the motion carried. 67777 - Moved by Getty, seconded by Berdell that the Annual Report for the Year 1974 of the Building Inspection Department, be received and placed on file. May 19, 1975 5 67777 - (Continued) Motion carried. 67778 - Moved by Roehr, seconded by Wilharm that Construction Permit No. 75-120-S for Sanitary Sewer Extension in the Fourth Addition to Southridge in the City of Waterloo, Iowa, from Iowa Department of Environmental Quality, subject to certain conditions and requirements, be received and placed on file. Motion carried. 67779 - Moved by Roehr, seconded by Wilharm that the communication from the Community Development Administrator, transmitting a proposed Ease- ment Agreement and a proposed Temporary Easement Agreement, both dated 5/19/75, from Water Works Trustees �f the City of Waterloo, Iowa, in connection with Stage 5-A of the Local Flood Control Project, be re- ceived, placed on file, approved and accepted, and Resolution No. 23909, approving said Agreements and authorizing and directing the Mayor and City Clerk to sign same in behalf of the City of Waterloo, Iowa, be adopted. On roll call, Berdell, Geiger, Getty, Keller, LichLy, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 67780 - Moved by Getty, seconded by Roehr that the communication from the Community Development Administrator, transmittirgthree Temporary Easement Agreements from (1) Robert C. and Jean M. Post, (2) Carl W. and Claire F. Stuart and (3) Titus Manufacturing Corporation in con- nection with Stage 5-A of the Local Flood Control Project, be received, placed on file, approved and accepted, and Resolution No. 23910, ap- proving said Agreements and authorizing and directing the Mayor and City Clerk to sign same in behalf of 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. 67781 - Moved by Roehr, seconded by Lichty that the following six (6) Offers of Sale to the City of Waterloo, Iowa of certain real properties, for the sums as shown, for Waterloo Local Flood Control Project purposes, be received, placed on file, Offers of Sale of Titus Manufacturing Co., Mrs. Hattie Manley, Bruce M. Smith, Carl W. Stuart and Robert C. Post approved. Mayor and City Clerk authorized ;and directed to exe- cute said five Offers of Sale in behalf of the City, the Finance Di- rector instructed to issue warrants accordingly in payment therefor, action deferred on the Canfield Lumber Co. Offer of Sales, and Reso- lution No. 23911, accepting and approving certain offers to sell real property to the City and accepting and approving certain deeds, be adopted: Seller Parcel Amount 1. Canfield Lumber Co. Parcel No. 10+00 and No. 30 + 00 Vacant land on SE cor. Broadway and Cedar Bend $66,500.00 2. Titus Manufacturing Co. Parcel No. 7 + 50A Part $24,100.00 1750 Broadway 3. Mrs. Hattie Manley Parcel No. 32 + 50 B and $ 1,700.00 Parcel No. 34 + OOB 1358 Lucas Street 4. Bruce M. Smith May 19, 1975 Parcel No. 34 + OOB W.C.F. & N. Drive north of Dodge Street $ 250.00 67781 - (Continued) Seller 6 Parcel Amount 5. Carl W. Stuart 6. Robert C. Post Parcel No. 65 + 00 $ 9,150.00 615 Cedar Bend Parcel No. 66 + 00 $16,000.00 601 Cedar Bend On roll call, Berdell, Geiger, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: Getty. Absent: None. Mayor declared the reso- lution adopted. 67782 - Rick Heacock of Carnation Company asked for one week delay in adopt- ing the proposed amendment to Section 5-A "Inspection Fees" of Milk Ordinance No. 2446 to allow time to make comparisons with other cities. Bill Schlenker of Associated Milk Producers, Inc., stated his Local didn't object to an increase, but felt 300% was too high, that 125% would be a little more like it. Milk Sanitarian Schaforthreported a survey had been taken in the State of Iowa and the City of Waterloo was in the lowest bracket. Mayor Rooff reported the City fees had not been raised in many years, he felt the users of the milk laboratory should pay for the services rather then the tax payers, and that the City get all the figures from the three. 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 Clerk. Moved by Roehr, seconded by Keller that said Ordinance be recorded as having passed its second reading (the first having passed under Council Action #67739 of 5/12/75). On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the motion carried. 67783 An Ordinance repealing Chapter 22 "Libraries", and enacting a new Chapter 22 "Libraries", establishing a public library and to provide for the appointment, powers and duties of a Board of Library Trustees, was read by the Clerk. Moved by Keller, seconded by Getty that said Ordinance be recorded as having passed its second reading (the first having passed under Council Action #67738 of 5/12/75). On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the motion carried. 67784 Mayor Rooff reported a comparison had been made between the City and County Swimming Ordinances and there were three differences, (1) the County didn't protect the pools, (2) the County didn't charge the $5.00 testing fee which was done by the City Laboratory, and (3) the County Ordinance was vague. An Ordinance regulating the design, construction, operation and main- tenance of public swimming pools including all necessary appurtenan- ces, was read by the Clerk. Moved by Getty, seconded by Berdell that said Ordinance be recorded as having passed its third reading (the first having passed under May 19, 1975 7 67784 (Continued) Council Action #67681 of 5/5/75 and the second under Council Action #67737 of 5/12/75) and 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. 67785 Moved by Getty, seconded by Berdell that Ordinance No. 2738, an Ord- inance regulating the design, construction, operation and mainten- ance of public swimming pools including all necessary appurtenances, be adopted. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the ordinance adopted. 67786 - Moved by Roehr, seconded by Getty 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 requesting adoption, be received, placed on file and Resolution No. 23912, establishing said fair reuse value, be adopted. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted.. 67787 - Moved by Getty, seconded by Wilharm that the communication from the Community Development Administrator, submitting for Council consid- eration the offer of Wayne Michael Jamieson and Dorothy Ann Jamieson to purchase Disposal Parcel No. I -2(p) in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, 135 Argyle Street, for side yard purposes, for the sum of $200.00, together with a map, and reporting the Community Development Board approved said sale, be received, placed on file, Resolution No. 23913, a resolution authorizing the sale of Disposal Parcel No. I -2(p) in the Westfield -Virden Urban Renewal Area,_Project Iowa R-7, adopted, and the date of hearing set as June 23, 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. 67788 - Community Development Administrator Mercer briefly cited the past hap- penings on Disposal Parcel I-1, in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, 43 Franklin Street. Moved by Roehr, seconded by Lichty 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 requesting adoption, be received, placed on file and action deferred until May 27, 1975. On roll call, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: Berdell. Absent: None. Mayor declared the motion carried. 67789 - Moved by Getty, seconded by Wilharm that the communication from the Metropolitan Transit Authority of Black Hawk County, Inc. requesting permission to locate two Bus Shelters, Shelter #1 in the 500 block of Mulberry Street approximately in front of the old bus depot and Shelter #2 in the 600 block of Mulberry in front of the old portion of East Library, as shown on the attached sketch, be received, placed on file and permission granted. Motion carried. May 19, 1975 - 8 - 67790 - Moved by Roehr, seconded by Lichty that the communication from Mayor Rooff recommending the sale of General Obligation Bonds for flood, sewer and street projects, be received, placed on file, approved and the City Clerk instructed to employ the firm of Ahler, Cooney, Dor- weiler, Allbee, Haynie & Smith of Des Moines, Iowa, Bonding Attorneys, for a legal opinion and to prepare the necessary legal proceedings for the issuance and sale of General Obligation Bonds. Motion carried. 67791 - Moved by Getty, seconded by Berdell that the following requests for permission to attend the functions on the dates and at the locations designated, with expenses allowed not to exceed the amount shown, be received, placed on file, approved and permission granted: From Attend Conway Supt. Dayton Civic Center Supt. Location Dates Expense Dayton, May 27 thru $275.00 Ohio 29, 1975, inclusive Asst. City 1980 Census Des Moines, May 28, Planning Director Informational Iowa 1975 Meeting On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the motion carried. $ 53.00 67792 - Moved by Roehr, seconded by Geiger that the following application for a Massage Business Permit, approved by the Police Chief, Fire Chief, Health and Sanitation Dept. 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 ordinances governing same. Lindberg Whitis dba Lindberg's Massage Parlor, 1604 Lafayette Motion carried. 67793 - Moved by Roehr, seconded by Geiger 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 subject to the reguirements of Ordinances governing same: Jacqueline Ann Winston, 136 Ricker Street Betty A. Heffner, 118 Harrison Street Johnnie Mae Moore, 3052 Ricker Street Lynn Henry, 821 Wellington Street Motion carried. 67794 - Moved by Getty, seconded by Geiger 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: David Dwane Arthur, 171 Lovejoy Avenue Motion carried. 67795 - Moved by Getty, seconded by Roehr 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 issuance 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. 23914 approving the applications, be adopted. May 19, 1975 St. 9 67795 - (Continued) BEER PERMIT APPLICATION Class "C", Mount dba Waterloo Sport Supply Daisy Dairy, Inc., dba Daisy Maid Store Daisy Dairy, Inc., dba Daisy Maid Store Daisy Dairy, Inc., dba Daisy Maid Store BEER AND LIQUOR LICENSE APPLICATIONS Class "C" - Commercial David E. Hundley dba Steamboat Gardens, 1740 Falls Avenue Satin Doll Corp. dba Brown Owl, 121 East 5th Street Lawrence E. Mether dba Larry's Lounge, 1831 Independence Avenue On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 67796 - Moved by Geiger, seconded by Getty for dance license, approved by the Police Chief, together with fee in placed on file and license granted: Vernette G. Klenzman dba Vernie's Lounge, 118 Commercial Street Motion carried. , 831 Sycamore Street #4, 1055 Longfellow Avenue #3, 1460 Ansborough Avenue #5, 1260 W 9th Street that the following application Building Official, Fire Chief and the amount of $25.00, be received, 67797 - Moved by Geiger, seconded by Wilharm that the report of the City At- torney, advising that the bonds filed with the City Clerk up to the close �f business on May 19, 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. 67798 - Moved by Geiger, seconded by Getty that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk May 19, 1975