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HomeMy WebLinkAbout02/24/1975City Hall, Waterloo, Iowa REGULAR SESSION February 24, 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 February 24, 1975. Mayor Rooff in the Chair. Present: Councilmen Geiger, Getty, Lichty, Roehr and Wilharm. Absent: Councilmen Berdell and Keller. Councilman Calvin J. Geiger offered the invocation. 67308 Moved by Getty, seconded by Wilharm that the Agenda, as amended, for the Regular Session of February 24, 1975 at 7:00 P.M., be accepted and approved. Motion carried. 67309 - Moved by Wilharm, seconded by Roehr that the Minutes of the Regular Session held February 18, 1975 at 7:00 P.M., be approved. Motion carried. 67310 - Moved by Getty, seconded by Geiger that the proof of publication of the Notice of Public Hearing on application for Federal Funds as part of the Housing and Community Development Act of 1974, as fully described in the Waterloo Daily Courier on February 11 and 18, 1975, be received and placed on file. Motion carried. 67311 - 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. No one appeared to object orally and the Clerk reported no written objections had been filed. Councilman Berdell now present. Moved by Roehr, seconded by Wilharm that action on approving the submission of an application to the Department of Housing and Urban Development for federal assistance under Title I of the Housing and Community Act of 1974 be deferred until March 3, 1975. On roll call, Geiger, Getty, Lichty, Roehr and Wilharm voted Aye. Nay: Berdell. Absent: Keller. Mayor declared the motion carried. 67312 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. A-3 in the Westfield -Virden Urban Renewal Area, Project No. R-7, 308 and 316 Riehl Street, to Richard D. Angelow, 2163 Grand Blvd., as fully described in the said notice published in the Waterloo Daily Courier on January 23, 1975, be received and placed on file. Motion carried. 67313 - 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. 2 67313 - (Continued) Moved by Getty, seconded by Wilharm that Resolution No. 23744, a resolution approving the sale of Disposal Parcel No. A-3 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. On roll call, Berdell, Geiger, Getty, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Keller. Mayor declared the reso- lution adopted. 67314 - Moved by Wilharm, seconded by Roehr that the proof of publication of the Notice of Public Hearing on Re -zoning, upon the request of Young Plumbing and Heating Company, upon the recommendation of the City Plan and Zoning Commission and the City Council's own motion, to rezone from "A-1" Agricultural District to "R-4" Multiple Resi- dence District part of Section 5-88-13, located West of West Fourth Street and South of Iowa State Highway Commission property on West Ridgeway Avenue, as fully described in said Notice published in the Waterloo Daily Courier on February 6, 1975, be received and placed on file. Motion carried. 67315 - 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. After public hearing and no objections having been made or filed, it was moved by Getty, seconded by Wilharm that an Ordinance be drawn and submitted for said re -zoning. On roll call, Berdell, Geiger, Getty, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Keller. Mayor declared the motion carried. 67316 - An Ordinance amending Ordinance No. 2479, as amended, by adding Sub - Section No. 67 to Section 2A-5, rezoning certain property in the City of Waterloo, Iowa, was read by the Clerk. Moved by Getty, seconded by Wilharm that the rules requiring ordi- nances 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 be now placed on its final adoption. On roll call, Berdell, Geiger, Getty and Wilharm voted Aye. Nay: Lichty and Roehr. Absent: Keller. Mayor declared the motion not carried. 67317 - Moved by Wilharm, seconded by Getty that said ordinance be recorded as having passed its first reading. On roll call, Berdell, Geiger, Getty, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Keller. Mayor declared the motion carried. 67318 - Moved by Roehr, seconded by Wilharm that the proof of publication of the Notice of Public Hearing on Re -zoning, upon the request of K -Line Farms, Inc., upon the recommendation of the City Plan and Zoning Commission and the City Council's own motion, to rezone from "A-1" Agricultural District to "R-3, R -P" Planned Residence District February 24, 1975 3 67318 - (Continued) and "C-2" Commercial District part of NE4 of Section 7 -88N -13W, located south of Iowa Highway 412 between U. S. Highway #63 and West Fourth Street, as fully described in said Notice published in the Waterloo Daily Courier on February 6, 1975, be received and placed on file. Motion carried. 67319 - The Mayor announced the time had arrived to hear objections, if any, and asked if anyone present wished to be heard or make objec- tions, or if there were any written objections filed with the Clerk. After public hearing and no objections having been made or filed, it was moved by Wilharm, seconded by Getty that an Ordinance be drawn and submitted for said re -zoning. On roll call, Berdell, Geiger, Getty, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Keller. Mayor declared the motion carried. 67320 - An Ordinance amending Ordinance No. 2479, as amended, by adding Sub - Section No. 68 to Section 2A-5, rezoning certain property in the City of Waterloo, Iowa, was read by the Clerk. Moved by Getty, seconded by Wilharm that said Ordinance be recorded as having passed its first reading. On roll call, Berdell, Geiger, Getty, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Keller. Mayor declared the motion carried. 67321 Councilman Wilharm inquired if 352 Fletcher Avenue was zoned for gas service pumps and City Plan and Zoning Administrator explained the Site Plan didn't include the pumps but the area was not restricted to gas service stations. Moved by Roehr, seconded by Lichty that the communication from the City Plan and Zoning Commission, transmitting the request of Kwik Shop, 352 Fletcher Avenue, to amend their Site Development Plan in an existing "S-1" Shopping Center District to allow for the addition of gasoline pumps in conjunction with their grocery store, together with two petitions, one in favor representing 257 of the properties within 250' and the other in opposition representing 587 of the pro- perties within 250', and a plat, and recommending denial as this is the third time petitions in opposition representing over 50 of the property owners have been filed, be received, placed on file, and request denied. Motion carried. 67322 - Jon Fister, Attorney in behalf of Cedar Knoll Park, stated the name of "Cedar Knoll Park" should be changed to Cedar Hills, Inc. Moved by Wilharm, seconded by Getty that the communication from the City Plan and Zoning Commission, transmitting a request of Cedar Hills, Inc. to voluntarily annex to the City of Waterloo an eighty (80) acre parcel of land in Section 18, Township 88 North, Range 12 West of the 5th P.M. as shown on the attached map and legally de- scribed in attached Exhibit "A", abutting the present city limits February 24, 1975 4 67322 - (Continued) and located North of East Orange Road and East of Dysart Road, and recommending approval, be received and placed on file. Motion carried. 67323 - Moved by Wilharm, seconded by Getty that Resolution No. 23745, a resolution annexing certain land located in a part of the SW k of Section 18, Township 88 North, Range 12 West of the 5th P.M. in Black Hawk County, Iowa, to the City of Waterloo, Iowa, be adopted. On roll call, Berdell, Geiger, Getty, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Keller. Mayor declared the resolution adopted. 67324 - Moved by Roehr, seconded by Geiger that the Financial Report of the Board of Waterloo Water Works Trustees for the Year ending December 31, 1974, be received and placed on file. Motion carried. 67325 - Moved by Getty, seconded by Wilharm that communication from the Low Rent Housing Commission submitting the minutes of their regular meeting held on January 8, 1975 and special meetings of January 29, 1975 and February 13, 1975, be received and placed on file. Motion carried. 67326 - Bill Robinson of Robinson Engineering Company stated the developer proposed to service the Cedar Terrace Fifth Addition with the City's sanitary sewer and water, and that the county road type rather than curb and gutter type of storm sewer would be used. A discussion followed on compliance with city requirements, future sewer problems and future requests for improvements. Mayor Rooff stated the abstracts for the affected properties should show the fact that the owners or contract purchasers, at their own expense, would pay for all of the improvements, the people should be so informed, they would be responsible for these improvements and the City of Waterloo would not be responsible. Bill Robinson said Attorney Elliott questioned whether a waiver on property in the County would be effective as the waiver would be to the City. 67327 - Moved by Roehr, seconded by Wilharm that the communication from the City Plan and Zoning Commission, transmitting the Preliminary Plat of Cedar Terrace Fifth Addition in Black Hawk County, Iowa, within the two mile jurisdiction of the City of Waterloo, and recommending denial unless the minimum street design standards are met, concurred by the City Engineer, be received, placed on file and denied. On roll call, Lichty, Roehr and Wilharm voted Aye. Nay: Geiger and Getty. Abstained: Berdell. Absent: Keller. Mayor declared the motion not carried. 67328 - Councilman Roehr requested a recount of the vote. The Mayor instructed the Clerk to call the roll. On roll call, Lichty, Roehr and Wilharm voted Aye. Nay: Berdell, Geiger and Getty. Absent: Keller. Mayor declared the motion not carried. February 24, 1975 - 5 - 67329 Moved by Getty, seconded by Geiger that Resolution approving the Preliminary Plat for the Cedar Terrace Fifth Addition, be adopted. On roll call, Berdell, Geiger and Getty voted Aye. Nay: Lichty, Roehr and Wilharm. Absent: Keller. Mayor declared the resolution not adopted. 67330 Moved by Roehr, seconded by Lichty that the Contract and Bond of USEMCO, Inc., Tomah, Wisconsin, for the Deere Engine Plant Trunk Sewer Lift Station, Contract No. 184A, in the amount of $16,702.00, be received, placed on file and Resolution No. 23746, approving said Contract and Bond, be adopted. On roll call, Berdell, Geiger, Getty, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Keller. Mayor declared the reso- lution adopted. 67331 Moved by Getty, seconded by Berdell that the Contract and Bond of F. A. Moser & Associates, Inc., Waterloo, Iowa, for the Deere En- gine Plant Trunk Extension, Contract No. 184, in the amount of $293,653.00, be received, placed on file and Resolution No. 23747, approving said Contract and Bond, adopted. On roll call, Berdell, Geiger, Getty, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Keller. Mayor declared the resolution adopted. 67332 Moved by Wilharm, seconded by Roehr that the communication from the City Engineer, transmitting Change Order #1 for equipment changes for the Cedar Terrace Lift Station and Incidentals, Contract No. 175A, at a decrease in cost of $8,981.00, Hurst Excavating, Inc., Contractors, and recommending approval, be received, placed on file, approved and the Mayor and City Clerk authorized to sign same in be- half of the City of Waterloo. On roll call, Berdell, Geiger, Getty, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Keller. Mayor declared the motion carried. 67333 - Moved by Roehr, seconded by Wilharm that the communication from the City Attorney, reporting Chapter 403A.5 of the 1973 Code of Iowa governs low rent housing, briefly outlining how it may be adminis- tered, and transmitting two resolutions, the first terminating the Low Rent Housing Agency and Board of Commissioners and the second establishing a Department of Housing and Rehabilitation and Ad- visory Board, be received and placed on file. Motion carried. 67334 Dwayne Eilers inquired as to the standing of contracts with Low Rent Housing Commission. City Attorney Smith reported there would be no problems with the present contracts, they would be honored, the City was proposing only the changing of the administrative make up, the contracts would not be impaired, and if executed and performance was underway, the contracts would be honored and com- pleted. Mayor Rooff stated the City wasbound by the contracts of the Low Rent Housing Commission, and legally they were with the City. Jim Porter, Community Enabler, stated the commission should not be abolished as this would be a step backward and not forward, this commission was committed to building of houses, he has not seen a house built but felt it had the ability to do so and should be given the chance. Archer Currier stated on May 30, 1972 the February 24, 1975 6 67334 (Continued) commission had 34 houses and as of 1974 had 69 houses, that during the 21 month period only a total of 35 additional houses were picked up and on that basis in the next ten years the needs of low rent housing would not be satisfied. He criticized the assignment of • large homes to small families, which homes he felt could better meet the needs of larger families. Dwayne Eilers reported these houses would rent for about $75 per month more on the open market. Jim Porter stated this commission didn't get off in the very begin- ning as the past administration didn't allow it to grow. 67335 - Moved by Roehr, seconded by Wilharm that Resolution No. 23748, a re- solution terminating the Low Rent Housing Agency and Board of Com- missioners, be adopted. On roll call, Geiger, Getty, Lichty, Roehr and Wilharm voted Aye. Nay: Berdell. Absent: Keller. Mayor declared the resolution adopted. 67336 Councilman Berdell inquired if the Council had yet to set the regu- lations and tenant rules as she had some items she would like to see done, and was informed this was still to be done and HUD guide- lines would also be followed. Moved by Wilharm, seconded by Roehr that Resolution No. 23749, a resolution establishing a Department of Housing and Rehabilitation and Advisory Board, be adopted. On roll call, Berdell, Geiger, Getty, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Keller. Mayor declared the resolution adopted. 67337 There was a discussion on how units could be built and how many rehabilitated. Mayor Rooff reported there would be $220,000for rehabilitation from the Community Betterment Act. Jim Porter questioned being able to find sufficient houses for re- habilitation and related past experiences. Ken Warren stated he dealt in housing, he congratulated the Council in creating a new entity, cited his past experiences in other cities where the money was turned back as the cities could not get anyone to build the housing as financial institutions and contractors would not support same. Dwayne Eilers inquired as to how the members of the Board would be selected and Mayor Rooff reported he would contact the various groups to submit names. 67338 - Councilman Lichty inquired if the truck embargo would affect the truck drivers who live in the area and City Attorney Smith reported the drivers living there would be allowed to take their empty trucks home. Moved by Roehr, seconded by Wilharm that the communication from the Asst. City Attorney, transmitting a proposed resolution for an em- bargo of three -ton trucks on Niles Street, from East Donald Street to northerly end of Niles Street, Keystone Street, from East Fourth Street to Niles Street, Lakeside Street, from East Fourth Street to Niles Street, and Homer Street, from Lakeside Street to northerly end of Homer Street, be received, placed on file and Resolution No. February 24, 1975 7 67338 - (Continued) 23750, a resolution defining certain terms and prohibiting truck traffic on certain streets in the City of Waterloo, Iowa, and pro- viding penalty for the violations of the terms thereof, be adopted. On roll call, Berdell, Geiger, Getty, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Keller. Mayor declared the re- solution adopted. Larry Lehman reported the trucks have tried going through the field, have bogged down, and over half the sand has been hauled for the project. Community Development Administrator Mercer stated the borrow site was subject to City Administration, the City Engineer designates the haul road and the embargo would not delay the construction of the bridge. Mayor Rooff stated with the amount of sand in the pile it could take two to three years to haul out, the Council could not deny this petition from the property owners and the City has to rely on the City Engineer's judgment. 67339 - Moved by Getty, seconded by Wilharm that Resolution No. 23751, a resolution authorizing and directing the City Clerk to destroy cer- tain records and papers dated prior to December 31, 1974, as pro- vided in Chapter 1088, Division IV, Part 2, Section 5, of the 1973 Code of Iowa, be adopted. On roll call, Berdell, Geiger, Getty, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Keller. Mayor declared the resolution adopted. 67340 - Moved by Roehr, seconded by Getty that the communication from the Community Development Administrator, transmitting Estimate #2 Report as to work performed and materials furnished by Young Plumbing and Heating Company, Waterloo, Iowa, Contractors, for the 1974 Diesel Fuel Storage and Pumping Unit, Metropolitan Transit Authority, in the City of Waterloo, Iowa, be received, placed on file and Reso- lution No. 23752, approving the report and authorizing payment accordingly, be adopted. On roll call, Berdell, Geiger, Getty, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Keller. Mayor declared the reso- lution adopted. 67341 - Moved by Wilharm, seconded by Geiger that the communication from the Community Development Administrator, transmitting invoice #D10271 from Daylite Window Systems, Brookfield, Wisconsin in the amount of $6,748.00 for four (4) Bus Shelters for the Metropolitan Transit Authority, in the City of Waterloo, Iowa, and requesting approval, be received, placed on file, and Resolution No. 23753, approving the invoice and authorizing payment accordingly, be adopted. On roll call, Berdell, Geiger, Getty, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Keller. Mayor declared the reso- lution adopted. 67342 - Moved by Roehr, seconded by Wilharm that the communication from City Engineer, transmitting a statement dated 1/31/75 from Wayne Claassen Engineering & Surveying, Inc., for engineering services for proposed West Ridgeway Avenue Improvements, approved by Council Action #66989 of 12/9/74, and recommending approval, be received, February 24, 1975 8 67342 (Continued) placed on file and Resolution No. 23754, approving the statement of said firm and authorizing payment accordingly, be adopted. On roll call, Berdell, Geiger, Getty, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Keller. Mayor declared the reso- lution adopted. 67343 Moved by Wilharm, seconded by Roehr that the communication from the City Engineer, transmitting a statement dated 1/31/75 from Wayne Claassen Engineering & Surveying, Inc., for engineering services for proposed Sanitary Sewer Extension, approved by Council Action #66989 of 12/9/74, and recommending approval, be received, placed on file and Resolution No. 23755, approving the statement of said firm and authorizing payment accordingly, be adopted. On roll call, Berdell, Geiger, Getty, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Keller. Mayor declared the reso- lution adopted. 67344 Moved by Getty, seconded by Berdell that Resolution No. 23756, BILLS, be adopted. On roll call, Berdell, Geiger, Getty, Roehr and Wilharm voted Aye. Nay: Lichty. Absent: Keller. Mayor declared the resolution adopted. 67345 Moved by Roehr, seconded by Lichty that the communication from Philip J. Dorweiler of Ahlers, Cooney, Dorweiler, Allbee, Haynie & Smith, Bonding Attorneys, reporting on whether the Council could legally "forgive the interest on the assessments until 30 days after the lift station becomes operational" in connection with the 1973 Sanitary Sewer Improvement Program #1 (Cedar Terrace), Contract No. 175, and advising he would be reluctant to approve a special assess- ment bond issue that would be set up on this basis, be recived, placed on file, and concurred. On roll call, Berdell, Geiger, Getty, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Keller. Mayor declared the motion carried. 67346 Moved by Wilharm, seconded by Roehr that the communication from the Personnel Director, reporting Verne Isenhower, Auditorium Manager, at the time of his death on February 11, 1975, was entitled to 480 hours sick leave pay and four weeks vacation in the amount of $3,840.00, and recommending approval with payment to be made to Mrs. Verne Isenhower, be received, placed on file, approved and Resolution No. 23757, authorizing payment accordingly, be adopted. On roll call, Berdell, Geiger, Getty, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Keller. Mayor declared the re- solution adopted. 67347 Moved by Getty, seconded by Wilharm that the communication from the Waterloo Water Works quoting an excerpt from the Board Meeting of the Water Works Trustees held February 12, 1975, re work necessary to stop the following flow of water and place the service line in working condition, in compliance with City Ordinance No.1118, be received, placed on file and Resolution No. 23758, making assessments for said work at 415 Wellington Street and 419-421 Wellington Street, be adopted: Patrick J. Miller 415 Wellington Street Lot 2, Fields Addition $485.00 February 24, 1975 9 67347 (Continued) Philip L. and Mary Jane Hild 419-421 Wellington Street Lot 4 and 5, Fields Addition $970.00 On roll call, Berdell, Geiger, Getty, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Keller. Mayor declared the resolution adopted. 67348 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 amounts shown, be received, placed on file, approved and permission granted: From Attend Location Dates Expense Municipal Garage Mechanic Two Water Pollu- tion Control Plant Personnel Product Train- Des Moines, ing Class at Iowa 540 Overhaul Basic Educa- Manchester, tion Course Iowa for Water Pol- lution Control Plant Operators March 16 thru 20, 1975, in- clusive $224.50 Nine Conse-$133.00+ cutive Wed- use of nesdays be- City Ve- ginning hicle March 5, 1975 On roll call, Berdell, Geiger, Getty, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Keller. Mayor declared the motion carried. 67349 - Moved by Geiger, seconded by Getty that the application with neces- sary fee of Clark Sheets, 3203 University Drive, Cedar Falls, Iowa, for Ambulance Attendant Permit, be received, placed on file and per- mit granted. Motion carried. 67350 - Moved by Wilharm, seconded by Getty that the following applications, together with doctor's certificates and approval of the Chief of Police, for taxicab driver's licenses, be received, placed on file and the licenses granted: Paul Robinett, 1623 Locke Avenue Mark G. Neese, 4201 Kimball Avenue James William Cowger, 1202 Sycamore Street. Motion carried. 67351 - Moved by Getty, seconded by Lichty that the applications and fees as shown on the attached sheet for various Beer Permits as designa- ted, at the locations shown, in the City of Waterloo, Iowa, be, and the same are hereby approved for the issuance of said Permits, that the approval be endorsed on the applications and forwarded with certified fee receipts to the Iowa Beer and Liquor Control Depart- ment, and duplicate copies of applications, be received, placed on file, and Resolution No. 23759, approving the applications, be adopted. BEER PERMIT APPLICATIONS Class "C" Melvin John Boyd dba Mel's Market, 437 Sullivan Avenue James Joseph Burke dba West Side Grocery, 923 W. 3rd St. February 24, 1975 - 10- 67351 0- 67351 - (Continued) On roll call, Berdell, Geiger, Getty, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Keller. Mayor declared the resolution adopted. 67352 Moved by Geiger, seconded by Getty that the following application for permission to sell cigarettes at the location as designated, in the City of Waterloo, Iowa, be received, placed on file and permit granted: Waterloo Auction House, 144 University Avenue Motion carried. 67353 - Moved by Geiger, seconded by Getty that the report of the City Attorney, advising that the bonds filed with the City Clerk up to the close of business on February 24, 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. 67354- Moved by Geiger, seconded by Roehr that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk February 24, 1975