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HomeMy WebLinkAboutMinutes- 12/04/78December 4, 1978 The Council of City of Waterloo, Iowa, met in Regular Session in Council Cham- bers in the City Hall at 7:00 P.M., on December 4, 1978. Mayor Rooff in the Chair. On roll call; Present: Bowers, Burton, Dowie, Getty, Hutchison, Roehr, Wilharm. Absent: None. Invocation by Councilman Burton. 75424 - Moved by Dowie, seconded by Getty that the Agenda, as amended, for the Regular Session of December 4, 1978 at 7:00 P.M., be accepted and approved. Motion carried. 75425 - Moved by Roehr, seconded by Wilharm that the Minutes of the Regular Session held November 27, 1978 at 7:00 P.M., as amended, be approved. Motion carried. 75426 - Mayor Rooff welcomed Mayor Robert Aldrich of Evansdale; also, Boy Scout Troop 182 of Devonshire School. 75427 - Mayor Rooff asked the Council's concurrence to the Iowa Department of Transportation proposed countersuit to the Farmland Preservation group lawsuit against construction of I-380 diagonal between Waterloo and Cedar Rapids. Moved by Wilharm, seconded by Dowie that "Resolution agreeing to the City of Waterloo entering into a countersuit with the Iowa Department of Transportation against the Farmland Preservation group lawsuit to stop construction of I-380 between Waterloo and Cedar Rapids", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26078. 75428 - Leon Wirtjes asked for the results of the perliminary study of the Pleasant Valley area drainage problem and moratorium on building. Mayor Rooff reported no results yet and moratorium would continue. 75429 - Joe Butler, 167 Letsch Road, asked about building moratorium in West- bourne area. Mayor Rooff stated there was a moratorium on any addition- al development, but one sub -division would probably be allowed to build, until problems were solved, the biggest being surface drainage, and there were some things the residents would have to do. 75430 - Moved by Bowers, seconded by Burton that request of James and Myrtle Irene Vivians, and of Palmer and Venella Byrd for vacation, sale and conveyance to a portion of Willow Street lying between Wly right-of-way line of Beech Street and the west line of N -S alley extended, Block 14, Rosehill First Addition, for $0.10 per sq. ft. plus cots ($1,094.44) with City's retention of utility easement, and Plan and Program Commis- sion's recommendation for approval, be received, placed on file and "Resolution fixing the time and place of hearing as December 18, 1978 in City Hall on proposal to vacate, sell and convey a portion of Willow Street", adopted and Clerk instructed to publish notice of hearing. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26079. 75431 - Moved by Roehr, seconded by Hutchison that communication from Black Hawk County Auditor, advising an offer had been made on 11/27/78 for the following property in the amount shown, on which Black Hawk County holds title, and requesting Council approval to accept same subject to City of Waterloo waiving all special assessments and City to receive all proceeds from the sale, be received, placed on file and approved: Special Amount to Description Assessments be Waived Bid North 0' of Lots 3 and $809.52 $409.52 $400.00 4 Star's Subdivision Ayes: Seven. Motion carried. 75432 - Moved by Hutchison, seconded by Bowers that request from McDonald's Corporation, for permission to construct two 31' commercial curb cut on Plymouth Avenue at 1709 LaPorte Road, as shown on attached plat, and City Engineer's recommendation for approval subject to the provisions of his letter, be received, placed on file, recommendations approved and permission granted in accordance therewith. Motion carried. -2- 75433 - Moved by Roehr, seconded by Bowers that communication from City Engineer, transmitting Five Year Street Construction Program for July 1, 1978 to June 30, 1983 as prepared by the Engineering Department to be submitted to the Iowa Department of Transportation with street systems map, be received, placed on file and "Resolution approving the Five Year Street Construction Program and Street Systems Map", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26077. 75434 - Moved by Getty, seconded by Wilharm that the Black Hawk County/Municipal Mutual Aid Agreement dated 12/4/78 between the City Councils of incor- porated jurisdictions in Black Hawk County and the Black Hawk County Board of Supervisors, for assistance on a reciprocal basis for disaster - generated emergencies, be received, placed on file and "Resolution approving and directing the execution of the Black Hawk County/Municipal Mutual Aid Agreement by the Mayor and Clerk", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26080. 75435 - Moved by Burton, seconded by Dowie that Preliminary Plat of Stones' Addition, A replat Of Part Of "Westfield" And Vaughan Subdivision with Deed of Dedication, Report of City Engineer, Plan and Program Commission's - resolution of approval and recommendation for Council approval, be re- ceived, placed on file and "Resolution approving the Preliminary Plat of Stones' Addition, A Replat Of "Westfield" And Vaughan Subdivision, Waterloo, Black Hawk County, Iowa", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26081. 75436 - Moved by Roehr, seconded by Hutchison that Final Plat of St. Francis Professional Park, Deed of Dedication, Contract and Waivers, report of City Engineer, Plan and Program Commission's resolution of approval and recommendation for Council approval, be received, placed on file, approved and "Resolution approving the Final Plat of St. Francis Pro- fessional Park, Waterloo, Black Hawk County, Iowa", adopted, and Mayor and Clerk authorized and directed to execute said Contract. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26082. 75437 - Moved by Dowie, seconded by Roehr that Final Plat of Southtown, Deed of dedication, Contract and Waivers, report of City Engineer, Plan and Program Commission's resolution of approval and recommendation for Council approval, be received, placed on file, approved and "Resolution approving the Final Plat of Southtown, Waterloo, Black Hawk County, Iowa", adopted, and Mayor and Clerk authorized and directed to execute said Contract. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26083. 75438 - Moved by Burton, seconded by Getty that Final Plat of Regency Acres, Deed of Dedication, report of City Engineer, Plan and Program Commission's resolution of approval and recommendation for Council approval, be re- ceived, placed on file, approved and "Resolution approving the Final Plat of Regency Acres, Waterloo, Black Hawk County, Iowa", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26084. 75439 - Moved by Bowers, seconded by Burton that Contract and Bond for Contract No. 501 in the amount of $52,991.95, be received, placed on file and "Resolution approving Contract and Bond of Watco Construction, Inc., Waterloo, Iowa, for F.Y. 1979 Maywood Water Extension, Contract No. 501" adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26085. 75440 - Moved by Roehr, seconded by Bowers that "An Ordinance repealing Chapter 15, Food and Food Handlers, of the Code of Ordinances of the City of Waterloo, Iowa, and enacting in lieu thereof "Food Service Sanitation Ordinance", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 75441 - Matters concerning the raising of funds to defray the cost of street improvements, storm and sanitary sewers and flood protection properties for said City were discussed, whereupon Councilman Wilharm introduced and caused to be read in full Resolution No. 26086 entitled "Resolution to fix a date of meeting at which it is proposed to institute proceedings for the issuance of $1,335,000 Corporate Purpose Bonds". December 4, 1978 -; .A111 -N � -3- 75441 - (Continued) Moved by Wilharm, seconded by Bowers that "Resolution to fix a date of meeting at which it is proposed to institute proceedings for the issuance of $1,335,000 Corporate Purpose Bonds", be adopted, and date set as December 11, 1978. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26086. 75442 - Moved by Dowie, seconded by Getty that Completion Report and Recommend- ation of Acceptance of City Engineer for Contract No. 189, be received, placed on file and "Resolution approving the Completion Report and Recommendation of Acceptance as to work and materials furnished by Northern Contracting Company for Triangle Terrace Sanitary Sewer System, Contract No. 189, and authorizing payment in full accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26087. 75443 - Moved by Dowie, seconded by Burton that "Resolution accepting the work and ordering preparation of final plat and schedule of assessments for Triangle Terrace Sanitary Sewer System, Contract No. 189", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26088. 75444 - Wes Weissman spoke on expansion plans of Weissman Industries, Inc. A discussion followed on present location and consideration of relocation, air pollution, land acquistion for new highway. Mayor Rooff stated a letter had been sent this firm for the good job it had done. Moved by Dowie, seconded by Hutchison that communication from City Attorney, transmitting a Memorandum of Agreement between the City of Waterloo, Iowa and Weissman Industries, Inc. on the issuance of $1,000,000 Industrial Development Revenue Bonds under Chapter 419, Code of Iowa, to finance costs of acquiring, improving and equipping certain real estate, building, fixtures and machinery, etc. for steel reprocessing, recycling and distribution facility, be received, placed on file and action deferred until December 18, 1978. Motion carried. 75445 - Moved by Bowers, seconded by Getty that communication from Mayor Rooff, submitting for Council approval the appointment of Marion Axtell, 909 Bayard Street to the Board of Adjustment to fill vacancy with term to expire December 8, 1983, be received, placed on file and approved. Motion carried. 75446 - Moved by Roehr, seconded by Hutchison that the following request for permission to attend function, with expenses allowed not to exceed amount shown, be received, placed on file and approved: Systems Project En ineer to Systems Management Seminar, Des Moines, Iowa October 25, 1978, 30.00. Ayes: Seven. Motion carried. 75447 - W. Louis Beecher, Atty. for B. Schultz Company, traced the history of operations in the Litchfield First Addition area datLn�g back to 12/8/09 as being heavy industrial; that due to flood control program Ralph Schultz was told he would have to move his Commercial Street location and George Griebenow, Urban Renewal Director, suggested the David Street location and in 1972, B Schultz Company bought the property from rail- road, which in the 1968 comprehensive zoning was changed from light manufacturing to heavy manufacturing. He outlined the definition of a scrap dealer in three city ordinances and stated B. Schultz Company was not a scrap dealer but was as industry. The partial erection of fencing and stoppage was discussed, also truck traffic on Ackermant and Columbia Streets, and M-1 zoning regulations. Moved by Wilharm, seconded by none that Council Action of May 8, 1978 denying a Junk Dealer License to B. Schultz Company at 1406 David Street be rescinded and said license granted after the erection of a solid fence. December 4, 1978 -4- 75447 - (Continued) Mayor Rooff declared Councilman Wilharm out of order as he had not voted on the prevailing side. 75448 - Discussed was the possibility of a meeting of the area residents, said company and city personnel for the purpose of arriving at a mutual solution to the problems. Marion Hutchison, 1241 Ackermant Street, stated getting the neighbors together was good and three years ago they would have welcomed this. F. M. VanEe, 1252 Lincoln Street, stated a petition had been filed for two years that the operation cease and the residents have nothing to meet about. Harry Zanville, Atty. for area residents, protested, due to hazard to children attending Logan Junior High, illegal burning, traffic problem, public health conditions, and stated every few months the residents have to object to issuance of license, pointing out that a conditional license had been granted and the B. Schultz Company had not met the conditions and were to be out in June, 1979. Discussed was possibility of lawsuit, getting the concerned parties together, etc. Moved by Hutchison, seconded by Bowers that application of B. Schultz Company for Junk Dealer License for 1406 David Street, be received, placed on file and denied. 75449 - On a point of special privilege, it was moved by Roehr, seconded by Burton that the Council adjourn. Ayes: Roehr, Burton. Nays: Wilharm, Hutchison, Getty, Dowie, Bowers. Motion not carried. 75450 - Councilman Bowers asked one more time if the concerned parties would meet and Mr. VanEe stated the residents would not want to meet. City Attorney Smith addressed Councilman Hutchison that the question would be raised whether or not she would be in position to vote on this and that she would have to make this decision. A call was made for the roll call on the motion on the floor to deny said Junk Dealer license. Ayes: Hutchison. Getty, Burton, Bowers. Nays: Wilharm, Roehr, Dowie. Motion carried. 75451 - Moved by Roehr, seconded by Hutchison that following applications for Beer Liquor Licenses, be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer Liquor License Applications Class C Dem C. Morgan dba Chef Dell Morgan's dba Twin Torch Restaurant and Lounge, 300 West Mullan Avenue Eagle's Nest, Inc. dba Eagle's Nest, 360 East Ridgeway Avenue Sundav Sales - Beer Liquor License Applications Class C Dem C. Morgan dba Chef Dell Morgan's dba Twin Torch Restaurant and Lounge, 300 West Mullan Avenue Eagle's Nest, Inc. dba Eagle's Nest, 360 East Ridgeway Avenue Motion carried. 75452 - Moved by Bowers, seconded by Burton that application of John Pratt, 915 Lafayette Street, for taxicab driver's permit, be received, placed on file and granted. Motion carried. 75453 - Harold L. Holtzman, 1956 Lafayette Street, presented a petition for denial of a Massage Business Permit due to lack of parking facilities, playground devaluation of property. Moved by Bowers, seconded by Getty that the above petition be received, placed on file and referred to the Plan and Program Commission. Motion carried. December 4, 1978 -5- 75454 - Alfred Montgomery presented a petition supporting the issuance of a Massage Business Permit to Elizabeth Johnson dba The Sisual Scrub Salon, 1950 Lafayette Street, stating there was no reason why this respectable business should not be allowed to open. Moved by Bowers, seconded by Burton that the above petition be received, placed on file and referred to Plan and Program Commission. Motion carried. 75455 - Moved by Roehr, seconded by Bowers that the following application for Massage Business Permit, approved by Police Chief, Fire Chief, Health & Sanitation Department and Building Official, together with fee of $25.00, be received, placed on file and action deferred until December 11, 1978 to allow the petitions to be checked out. Motion carried. 75456 - W. Louis Beecher requested permission to put the parking in front of the development north of West Ridgeway Avenue and west of Bellaire Road in part of Section 34 -89N -13W. Plan and Program Director Franke stated this minor change in the site plan was approved by the Commis- sion and was a better plan. Moved by Dowie, seconded by Burton that the above change in the site plan be approved. Ayes: Seven. Motion carried. 75457 - Moved by Dowie, seconded by Burton that report of City Attorney and list of bonds filed with Clerk through 12/4/78, be received, placed on file and report and bonds approved. Motion carried. 75458 - Moved by Bowers, seconded by Burton that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk December 4, 1978