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HomeMy WebLinkAbout04/21/1975City Hall, Waterloo, Iowa REGULAR SESSION April 21, 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 April 21. 1975. Mayor Rooff in the Chair. Present: Councilmen Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Absent: None. Councilman Robert R. Wilharm offered the invocation. 67581 - Moved by Roehr, seconded by Wilharm that the Agenda, as amended, for the Regular Session of April 21, 1975 at 7:00 P.M., be accepted and approved. Motion carried. 67582 Moved by Getty, seconded by Wilharm that the Minutes of the Regular Session held April 14, 1975 at 7:00 P.M., be approved. Motion carried. 67583 Moved by Roehr, seconded by Geiger 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-8, Westfield - Virden Urban Renewal Area, Project No. Iowa R-7, 730 Falls Avenue. to Empire Realty, Inc., as fully described in the said notice pub- lished in the Waterloo Daily Courier on March 20, 1975, be received and placed on file. Motion carried. 67584 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 Wilharm, seconded by Roehr that action on the sale of Dis- posal Parcel No. F-8, Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, (730 Falls Avenue) be deferred until this street is vacated. Motion carried. 67585 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. D-2 in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7 (100,200, 300 Blocks of Sherwood Drive, 41 Congress Court and Lot east) to National Dairy Cattle Congress, as fully described in the said notice published in the Waterloo Daily Courier on March 20, 1975, be re- ceived and placed on file. Motion carried. 67586 - 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 Wilharm, seconded by Getty that Resolution No. 23841, a res- olution approving the sale of Disposal Parcel No. D-2 in the West- field -Virden Urban Renewal Area, Project No. Iowa R-7, and authoriz- ing the execution of the necessary contract for sale of land for pri- vate redevelopment and deed, be adopted. 2 67586 - (Continued) On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 67587 - Moved by Getty, seconded by Wilharm that the proof of publication of the Notice of Proposal to Dispose of Real Estate known as Lot 125 and West 10' of Lot 124, Pleasant View Addition, in the City of Waterloo, Iowa, as fully described in the said notice published in the Waterloo Daily Courier on March 27 and April 3, 1975, to the Morris Plan Com- pany, for costs, be received and placed on file. 67588 - Motion carried. 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 any written objections had been filed with the Clerk. The City Clerk reported there had been no written objections placed on file. John Rottjer dba A & W Restaurant, 1950 Plymouth Avenue, objected to the conveyance as he also had donated under protest the same amount of land, on which he had paid the cost of paving, which was to be used for the opening of Plymouth Street, and questioned if a backage road would be put in after the reconveyance. He stated the paving was required before he was given a building permit. Mayor Rooff stated the deed would contain a reservation that the City could have the land back for $1.00, and in the meantime Morris Plan would maintain the land and pay taxes on it. A discussion followed on the conveyance and Mr. Rottjer's objection. Moved by Roehr, seconded by Lichty that action be deferred for two weeks to research. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the motion carried. 67589 - Jim Soteros, 304 Oaklawn Avenue, criticized the Garbage and Trash Ordinance, stating it was unenforceable and unfair to .taxpayers. City Attorney Smith read the restrictions in the ordinance and Coun- cilman Roehr stated there were limitations in the labor contracts which could not be altered until negotiations begun. Mayor Rooff pointed out the City, twice a year, had a clean up and pick up week. 67590 - Moved by Roehor, seconded by Wilharm that the communication from the City Engineer, transmitting a petition from Dean A. Kerns, 1103 Bauch Street, et al, representing 1007 of property owners for west side frontage (the east side being owned by Northwestern Bell Telephone Company and not considered an objection), for concrete paving of Aladdin Street from Stratford Avenue to Upton Avenue, and reporting this is not included in the three-year paving program, be received and placed on file. Motion carried. 67591 - Moved by Wilharm, seconded by Roehr that the communication from the City Engineer, transmitting a request from Gaylon A. Rasmussen for permission to construct a temporary asphalt driveway without regard to sidewalk grade at 700 Newton Street, Waterloo, Iowa, together with $3.00 in cash for recording waiver, and recommending approval subject to the provisions of his letter, be received, placed on file, request approved and Resolution No. 23842, granting permission and authoriz- ing construction irrespective of a later official grade, be adopted. April 21, 1975 3 67591 - (Continued) On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 67592 Councilman Roehr asked for the deadline date for filing petitions for paving and was informed it was past for 1975 and the petitions would be considered for next year's program. 67593 - Moved by Roehr, seconded by Lichty that the communication from the City Engineer, transmitting the request of Schenk Engineering Com- pany for Youngblut Construction Company, together with six (6) copies of Iowa State Highway Commission Form #559 with sketch attached, for permission to construct a Type "B" entrance at Sta. 643+55.7, 31' w/20' radii easterly along U.S. Highway 218 approximately 2327.1' southerly from intersection of U.S. Highway 218 and Cedar Terrace Drive, and recommending approval subject to the provisions of his letter, be received, placed on file, recommendations approved and the Mayor and Clerk authorized to sign said application in behalf of the City of Waterloo. Motion carried. 67594 - Moved by Roehr, seconded by Wilharm that the Combined Financial Statement through December 31, 1974, of the former Low Rent Housing Commission of the City of Waterloo, Iowa, be received and placed. on file. Motion carried. 67595 - Fedon Petrides, Consulting Engineer, gave a brief report on the silt problem near Black Hawk Creek. Moved by Getty, seconded by Wilharm that the communication from the Community Development Administrator, transmitting Change Order No. 2 to the River Road, Stage I, Schedule A, Contract No. 142, for addi- tional work by M. F. Goerdt Construction Company and J. F. Brennan Company, Inc., Contractors, for an additional cost of $39,755.62, and recommending approval, be received, placed on file, approved and the Mayor and City Clerk authorized to sign same in behalf of the City of Waterloo. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the motion carried. 67596 - Moved by Roehr, seconded by Lichty that the communication from the City Engineer, transmitting a contract dated 4/21/75 from Schenk Engineering Company for an estimated amount of $4,900.00 for engi- neering services for the 1975 Street Paving Program, Contract No. 135, and recommending approval, be received, placed on file, approved and Resolution No. 23843, approving and directing the execution of said contract by the Mayor and City Clerk 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. 67597 - Moved by Getty, seconded by Berdell that the communication from the Assitant City Engineer, transmitting construction plans for paving, storm sewer and sanitary sewer facilities to serve the Fourth Addi- tion to Southridge and Treatment Agreement Form C 4/73 with the Department of Environmental Quality, Water Quality Management Divi- sion, and recommending approval subject to the stipulation on base rock with the final acceptance of attached plans subject to review and acceptance by the said Department, be received, placed on file, recommendations approved, and the Mayor and City Clerk authorized to execute said Agreement in behalf of the City of Waterloo, Iowa. Motion carried. April 21, 1975 4 - 67598 Moved by Getty, seconded by Berdell that the following three Easement Agreements for the purpose of construction, maintenance, repair, re- newal, use and operation of a flood protection levee and/or flood wall, for the sums as shown, be received, placed on file, approved, the Finance Director directed to issue warrants for said sums in pay- ment thereof, and Resolution No. 23844, accepting Easement Agreements with certain property owners and authorizing the Mayor and City Clerk to execute the same on behalf of the City of Waterloo, Iowa, adopted: E. B. Spencer Engine- S 20', W 50' exc. W 30' ering Company Parcel No. 33 + 00B Judy Ann Peach and Russell L. Peach Parcel No. 17 + 50 Norman R. and Judith A. Arends Parcel No. 15 + 00 of N 2, SW SW NE 10-89-13 Beg. NW cor Lot 70, th SEly along NEly Lot line a dist. of 28.9', th SWly to a pt. on W Lot line that is 35' S of NW cor., th Nly along W line to pt. of beg. Beg. at NW cor Lot 71, th E along N lot line a dist. of 50', th SWly to pt. on Wly Lot line that is 28.9' SEly of NW cor Lot 71, the NWly to pt. of beg. -0- $75.00 $75.00 On roll call, Berdell, Geiger, Getty, Yeller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 67599 - 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 Trusties, was read by the Clerk. City Attorney Smith reported it was patterned after the State model and was necessary due to Home Rule requirements effective July 1st. Mayor Rooff raised questions on several sections, including Section 6-(d) . Moved by Roehr, seconded by Geiger that action be deferred until the Mayor and City Attorney could further study the ordinance. Motion carried. 67600 - Moved by Wilharm, seconded by Roehr that Resolution No. 23845, a res- olution establishing the date for re-examination of the income of families living in low rent housing facilities as April 1 of each and every year, be adopted. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 67601 Moved by Getty, seconded by Berdell that the communication from the Community Development Administrator, transmitting a proposed "Reso- lution approving the proclaimer certificate relative to technical specifications conformance with local standards necessary to sup- port Urban Renewal objectives for project improvements", and rec- ommending approval, be received, placed on file and Resolution No. 23846, approving said proclaimer certificate, adopted. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 67602 Moved by Geiger, seconded by Getty that Resolution No. 23847, ap- proving the minutes of the Waterloo Commission on Human Rights meet- ing of April 3, 1975, be adopted. April 21, 1975 5 67602 - (Continued) On toll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 67603 Moved by Roehr, seconded by Lichty that Resolution No. 23848, a reso- lution authorizing the application to the Department of Justice of the State of Iowa for a 1966 Chevrolet Automobile, be adopted. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 67604 Moved by Roehr, seconded by Lichty that Resolution No. 23849, a reso- lution authorizing the condemnation of certain parcels of real prop- erty in the R-7 Westfield -Virden Urban Renewal Area, be adopted. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 67605 Moved by Roehr, seconded by Lichty that Resolution No. 23850, BILLS, be adopted. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared. the resolution adopted. 67606 Moved by Wilharm, seconded by Roehr that the communication from the Community Development Administrator, reporting that prior to submit- ting final application for additional funds needed to complete the Westfield -Virden Project (Sans Souci Bridges and Approaches) to the Department of Housing and Urban Development, it is necessary to hold a public hearing, be received, placed on file and Resolution No. 23851, setting a time for hearing on amending Urban Renewal Project Iowa R-7 in the City of Waterloo, Iowa, adopted, and the date of hearing set as May 12, 1975 at 7:00 P.M. in the City Hall in the Council Chambers. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 67607 Moved by Getty, seconded by Wilharm that the communication from the City Engineer, submitting a list of streets, avenues, drives, roads, alleys and boulevards, or portions thereof, to be included in the 1975 Oiling Program in the City of Waterloo, Iowa, be received, placed on file, approved and ordered included in the 1975 Oiling Program. Motion carried. 67608 - Moved by Wilharm, seconded by Roehr that Resolution No. 23852, being a Proposed Resolution of Necessity for the Oiling Program for the Year 1975 in the City of Waterloo, Iowa, be adopted, and date of hearing set for May 12, 1975 at 7:00 P.M., in the Council Chambers in City Hall in 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 resolution adopted. 67609 - Moved by Roehr, seconded by Lichty that Brice, Petrides & Associates, Inc., Engineers, Waterloo, Iowa, be instructed to prepare the plans, specifications, form of contract, form of proposal, preliminary esti- mate of cost, etc. for construction of West Park Avenue Area West- field -Virden Urban Renewal Project R-7, known as Contract No. 147, in the City of Waterloo, Iowa. Motion carried. April 21, 1975 0 '.` - 6 - 67610 - Moved by Getty, seconded by Geiger that the communication from the Community Development Administrator, transmitting the plans, speci- fications, etc. as submitted by Brice, Petrides & Associates, Inc. for West Park Avenue Area Westfield -Virden Urban Renewal Project R-7, Contract No. 147, in the City of Waterloo, Iowa, be received and placed on file. Motion carried. 67611 Moved by Wilharm, seconded by Getty that Resolution No. 23853, a resolution preliminarily approving the plans and specifications, form of contract and bond, estimate of cost, etc. for West Park Avenue Area Westfield -Virden Urban Renewal Project R-7, known as Contract No. 147, 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. 67612 Moved by Getty, seconded by Geiger that the City Clerk be instructed to publish the Notice of Public Hearing on Plans and Specifications, Proposed Form of Contract, Estimate of Cost, etc. for the West Park Avenue Area Westfield -Virden Urban Renewal Project R-7, known as Contract No. 147, said date of hearing being set as May 12,1975 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 motion carried. 67613 - Moved by Getty, seconded by Wilharm that the City Clerk be instructed to publish the Notice to Contractors or Invitation for Bids for the construction of West Park Avenue Area, Westfield -Virden Urban Renewal Project R-7, Contract No. 147, in the City of Waterloo, Iowa, said date being fixed as May 12, 1975 at 7:00 P.M. in the Council Chambers. Motion carried. 67614 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 Location Mayor and Several Senate Workshop Washington Councilmen D.C. City Treasurer Community Devel- opment Board Human Rights Director Human Rights Investigator & Commissioner Housing & Reha- bilitation Ad- ministrator April 21, 1975 Annual Meeting Iowa Municipal Finance Officers Association Senate and House on Flood Control Appropriations Iowa Conference Civil Rights by U.S. Commission on Civil Rights Iowa Conference Civil Rights by U.S. Commission on Civil Rights Annual Conference National Associa- tion of Housing & Redevelopment Officials Des Moines, Iowa Washington, D.C. Ankeny, Iowa Ankeny, Iowa Omaha, Nebraska Dates Expense April 29 thru $376.47 May 2, 1975, inclusive April 23 thru $142.50 25, 1975, in- clusive May 6 & 7, 1975 May 2, 1975 May 1 & 2, 1975 May 14 thru 17, 1975, inclusive $240.00 $ 48.00 $120.00 $242.50 67614 - (Continued) On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the motion carried. 67615 - Mdved by Wilharm, seconded by Roehr that the folowing 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: Motion carried. Brett Wood, 1025 Longfellow Avenue 67616 - Moved by Getty, seconded by Berdell that the applications for fifty- three (53) taxicab drivers, as per attached list submitted by the Waterloo Yellow Cab Co., Waterloo, Iowa, for renewal of Taxicab Driver's Licenses for Year beginning May 1, 1975, together with approval of Police Department, be received, placed on file and lic- enses granted. Motion carried. 67617 - Moved by Roehr, seconded by Geiger that the applications, together with necessary fees, of Lemke & Williams, Inc., 711 Commercial Street, Waterloo, Iowa, for sixteen (16) Taxicab Licenses for the Year beginning May 1, 1975, be received, placed on file and Licenses granted. Motion carried. 67618 - Councilman Lichty asked if an enclosed fence was a requirement for an Auto Salvage Yard and reported receiving several complaints on Dales Towing Service on West Fifth Street. Mayor Rooff stated he would check on this. 67619 - Moved by Getty, seconded by Wilharm that the following applications and bonds for renewal Auto Salvage Yard Licenses, together with necessary fees, be received, placed on file, approved and Licenses granted subject to requirements of ordinances governing same: Harry Petersen, Jr. dba Petersen Auto Wrecking, 1674 Lansing Road Victor H. Fuller dba Vic Fuller Salvage & Wrecking Co., 2113 Mitchell Avenue Nathan Lipkin dba Commercial Auto, 1330 Commercial Street Franklin Sanderson and Gary Luck, 953 Fulton Street James F. Wilber dba Wilber Auto Body & Sales, Inc.,2220 Easton Avenue Keith Shepard dba Shep's Auto Salvage & Used Car Sales, 1501 Grand- view Avenue Motion carried. 67620 - Moved by Wilharm, seconded by Roehr that the following applications and bonds for renewal of Junk Dealer Licenses, together with necessary fee, be received, placed on file, approved and licenses granted, sub- ject to requirements of ordinance governing same: Elmer L. Cohn, Receiver, Cohn Bros., Inc., 901-911 Commercial Street B. Schultz Company, 827 Commercial Street Victor H. Fuller dba Vic Fuller Salvage & Wrecking Co., 2113 Mitchell Avenue Motion carried. 67621 - Moved by Getty, seconded by Wilharm that the following application and bond for renewal of Junk Dealer. Licenses, together with neces- sary fee and report of Planning and Programming Director, be received, placed on file and approved subject to corrective measures being taken to remove refuse dumped in the Black Hawk Creek area as required by the City Engineer and subject to requirements of the ordinance governing same: Wiessman Iron & Metal, Inc., 700 Falls Avenue April 21, 1975 8 67621 - (Continued) Motion carried. 67622 - Moved by Getty, seconded by Geiger 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 issu- ance of said Permits and/or Licenses, that the approval be endorsed on the applications and forwarded with fees and/or certified fee re- ceipts to the Iowa Beer and Liquor Control Department, and duplicate copies of applications, be received, placed on file, and Resolution No. 23854 approving the applications, be adopted. BEER LICENSE APPLICATIONS Class "C" Alfred W. Muether dba Muether's Super Valu, 710 Broadway BEER AND LIQUOR LICENSE APPLICATIONS Class "C" Commercial Richard J. Erickson dba Piccadilly Tap, 416 Jefferson Street Edwin A. Tenneyson and Marian L. Tennyson, dba Hillcrest Tap, 1933 Williston Avenue Frank 0. Garrison dba Sportsman's Athletic Club, 641-643 Mobile St. SUNDAY SALES PERMIT APPLICATION CLASS "C" BEER & LIQUOR Frank 0. Garrison dba Sportsman's Athletic Club, 641-643 Mobile St. On roll call, Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 67623 - Mayor Rooff reported the recommendations were for denial of the ap- plication from Flamenco Inc. dba Roundhouse Lounge because of the manager. Mrs. Morrison stated she would change the manager; also, she had made arrangements to providing for additional off street parking. Moved by Wilharm, seconded by Keller that the application and bond for Class "C" Beer and Liquor License from Flamenco Inc., dba Roundhouse Lounge for permission to sell beer and liquor at 1507 LaPorte Road in the City of Waterloo, Iowa, be received, placed on file, and Resolution No. 23855, approving said application, be adopted, subject to not having this manager. On roll call, Berdell, Keller, Lichty, Roehr and Wilharm voted Aye. May: Geiger and Getty. Absent: None. Mayor declared the resolu- tion adopted 67624 - Moved by Roehr, seconded by Wilharm that the following applications for dance licenses, approved by the Building Official, Fire Chief and Police Chief, together with fee in the amount of $25.00 each, be re- ceived, placed on file and licenses granted: Dennis K. Peterson dba Airliner Lounge, 3850 West Airline Hiway George Lorenz dba Porky's Red Carpet, Inc., 1409 Newell Street V. F. Deutsch dba Vic's Lounge, 1106 LaPorte Road Sonrad Incorporated dba Fire Lounge, 300 West Mullan Avenue Motion carried. 67625 - 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 April 21, 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. April 21, 1975 - 9 67626 - Mrs. Richard Takin asked if the Council could override the decision of the Board of Adjustments. She related the experience of Mrs. Charlotte O'Malley in trying for permission to erect a duplex in Julie Court. Mrs. O'Malley reported there were no objection from the neighbors, that Mr. Roberts, who opposed the duplex, was a member of the law firm of Mr. Swisher, who was a Board of Adjustment member. City Attorney Smith reported there were some routes she could take. Mayor Rooff stated smaller yard requirements were in effect when the other duplexes were built and this proposed duplex was taken to the Board of Adjustments because of the present yard requirements not being met, and he would check on this. 67627 - Moved by Getty, seconded by Berdell that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk April 21, 1975