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HomeMy WebLinkAbout10/16/78October 16, 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 October 16, 1978. Mayor Rooff in the Chair. On roll call, Present: Bowers, Burton, Dowie, Getty, Hutchison, Wilharm. Absent: Roehr. Invocation by Councilman Getty. 75156 - Moved by Wilharm, seconded by Bowers that the Agenda, as amended, for the Regular Session of October 16, 1978 at 7:00 P.M., be accepted and approved. Motion carried. 75157 - Moved by Hutchison, seconded by Burton that the Minutes of the Regular Session held October 9, 1978 at 7:00 P.M., be approved. Motion carried 75158 - Mayor Rooff was authorized to place first on the agenda the public hearing on submission of an application to HUD for federal assistance to Rath Packing Co. He stated the salvation of Rath's was the cheapest way to go and itemized the effects and costs of Rath closing upon the community and the City in the loss of jobs, unemployment, payroll, taxes, reduction of general obligation bond ceiling limit and that the common sense approach was to do all the City could to protect the employees and plant. Moved by Dowie, seconded by Burton that proof of publication of notice of public hearing on submission of an application to HUD for federal assistance to Rath Packing Company, as published in Waterloo Courier on October 3rd and 10th, 1978, be received and placed on file. Motion carried. 75159 - This being the time for hearing, the Mayor called for oral and written objections and there were none. Mayor Rooff reported if federal assistance is granted, there would be negotiations between the Company, the Union and the City, the study re- commendations would be followed, and the Council would have to approve the details of the grant agreement before the money could be spent; that the grant would have to be repaid, it could be loaned back to Rath Packing or to other community projects. Union President Lyle Taylor expressed thanks and appreciation for the efforts being made and reassured the Council the Union would work toward making a success, with the hope of seeing a new plant in the existing site. Mayor Rooff commended the Council Members for setting aside their personal feelings and philosophies to keep out of private enterprise affairs at this time. Moved by Wilharm, seconded by Getty that "Resolution approving the sub- mission of an application to the Department of Housing and Urban Develop- ment for federal assistance under Title I of the Housing and Community Development Act of 1974 as amended", be adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 26013 75160 - Moved by Bowers, seconded by Hutchison that proof of publication of notice of hearing on plans, specifications, form of contract, estimate of cost, etc. for Newell Street Paving and Incidentals, Contract No. 173, and taking of bids therefor and notice to contractors, be received and placed on file. Motion carried. 75161 - This being the time for hearing, the Mayor called for oral and written objections and there were none. Moved by Burton, seconded by Bowers that "Resolution confirming approval of plans, specifications, form of contract, estimated costs, etc. for Newell Street Paving and Incidentals, Contract No. 173", be adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 26014. 75162 - Moved by Hutchison, seconded by Getty that "Resolution ordering the con- struction of Newell Street Paving and Incidentals, Contract No. 17311, be adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 26015. ,"N -2- 75163 - Moved by Wilharm, seconded by Dowie that two bids, be received, placed on file, Clerk instructed to open same, but not read, and referred to Engineers for checking and report back. Motion carried. 75164 - Moved by Dowie, seconded by Bowers that proof of publication of notice of public hearing on proposed amendments to Chapter 23, Division V, Massage Establishments and Massage Technicians and Sections 23-55 and 23-58(3) (e) of the Code of Ordinances of City of Waterloo, Iowa, as published in Waterloo Courier on 9/29/78, be received and placed on file. Motion carried. 75165 - This being the time for hearing, the Mayor called for oral and written objections, and there were no written objections. Mayor Rooff stated the proposed amendment to the Massage Ordinance re- quired'756 hours of training, effective upon renewal of license, and pointed out the American Massage & Therapy Association required 1,000 hours. Dr. James Hutcheon, psychologist, recommended 50 to 100 hours; Kenneth White support 70 hours, with experience to be considered; and Lindberg Whitis opposed 756 hours. Discussed was no age limit requirement to frequent parlors; location of accredited training schools and State acceptance; non -licensed by State, must obtain City permit; 756 hours less than 20 weeks of instruction; exclusion of persons performing under written order of licensed physician, or under direct supervision of a State licensed person, etc. Moved by Wilharm, seconded None that the proposed amount of hours of training be changed from 756 to 1,000 in the proposed amendment to the Massage Ordinance. Motion died for lack of second. 75166 - Moved by Bowers, seconded by Getty that the above objections be received and placed on file. Motion carried. 75167 - Moved by Burton, seconded by Wilharm that Chapter 23, Division V, Section 23-55 and Section 23-58(3)(e), Massage Establishments and Massage Technicians be amended to require a minimum of 756 hours of instruction in massage technique and theory from an accredited massage training school or institution, together with proof, and the City Attorney instructed and directed to submit an ordinance accordingly. Ayes: Wilharm, Burton. Nays: Hutchison, Getty, Dowie, Bowers. Absent: Roehr. Motion not carried. 75168 - Mayor Rooff said, do I get the message that you want to allow these places to operate without instruction? He read an article from the Clinton Herald. Lindberg Whitis did not deny the article, stating he had a contract with the technicians for dismissal if sexual favors were offered, but where money was being offered this could happen in anyone's home, church, etc. Mayor Rooff reminded the Council that anyone on the prevailing side could bring this business back and when no motion was offered, he asked the records show four to two votes in opposition to any requirements for massage technicians. 75169 - Moved by Bowers, seconded by Burton that proof of publication of notice of public hearing on site plan for construction of Executive Hanger No.S for Waterloo Municipal Airport, upon recommendation of Plan and Program Commission and Council's own motion, as published in Waterloo Courier on 9/29/78, be received and placed on file. Motion carried. 75170 - This being the time for hearing, the Mayor called for oral and written objections and there were none. Moved by Bowers, seconded by Hutchison that "Resolution approving site plan for Executive Hanger No. 5 for Waterloo Municipal Airport", be adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 26016. October 16, 1978 ''N m9a 75171 - Moved by Wilharm, seconded by Dowie that Clerk be instructed to read the following bids and same referred to City Engineer for checking: Amount of Amount of Bidder Bid Bid Bond 1. Cedar Valley Corporation, Waterloo, Ia. $96,115.80 5% 2. Cedar Falls Construction Co., Inc. $99,602.92 5% Cedar Falls, Ia. Motion carried. 75172 - The City Engineer recommended acceptance of low bid of Cedar Valley Corporation of Waterloo, Iowa, in the amount of $96,115.80 for Contract No. 173 Moved by Getty, seconded by Bowers that the above recommendation be received, placed on file and "Resolution accepting the bid of Cedar Valley Corporation for Newell Street Paving and Incidentals, Contract No. 173", adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 26017. 75173 - Moved by Dowie, seconded by Wilharm that Contract and Bond in the amount of $96,115.80 for Contract No. 173, be received, placed on file and "Resolution approving Contract and Bond of Cedar Valley Corporation, Waterloo, Iowa, for Newell Street Paving and Incidentals, Contract No. 173', adopted, subject to said documents being delivered to the Clerk by the time work is started. Ayes: Six. Absent: Roehr. Resolution adopted and upon -approval by Mayor, assigned No. 26018. 75174 - Helen Brown and Marian Coney raised questions to information given last week when filing petition of opposition to game room at East Fourth Street and Newell Street, stating more problems would be created for police, insufficient parking area, traffic congestion; asking how many signatures were needed to carry any weight; possibility of residents getting area re -zoned. City officials pointed out 50% or more of property owners would need to request rezone; if the game room became a public nuisance, it could be closed upon complaints; and they were invited to talk with the officials after the meeting. 75175 - Moved by Getty, seconded by Hutchison that request from Flinn -Saito - Andersen for National Bank of Waterloo Logan Plaza Branch Office, for permission to construct two 29' commercial curb cuts at 2038 Logan Avenue, 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. 75176 - Moved by Bowers, seconded by Burton that offer of John C. McGee and Mary J. McGee, Gilbertville, Iowa, to purchase Disposal Parcel No. I-18, 66 Mulberry Street, Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, for the sum of $250.00 for side yard purposes, and Community Development Board approval report, be received, placed on file, "A resolution authorizing the sale of Disposal Parcel No. I-18 in the West- field -Virden Urban Renewal Area, Project No. Iowa R-7", adopted and hearing set for November 20, 1978 at 7:00 P.M. in Council Chambers in City Hall. Ayes: Six. Absent: Roehr, Resolution adopted and upon approval by Mayor, assigned No. 26019. 75177 - Moved by Dowie, seconded by Bowers that request of Sydney A. Thomas for permission to construct a temporary concrete driveway at 115 Sheridan Road without regard to sidewalk grade, together with $3.00 for recording waiver, and City Engineer's recommendation for approval subject to the provisions of his letter, be received, placed on file, approved and "Resolution granting permission to Sydney A. Thomas and authorizing construction of a concrete driveway at 115 Sheridan Road, irrespective of a later official grade", adopted. Ayes: Six. Absent: Roehr. Resolu- tion adopted and upon approval by Mayor, assigned No. 26020. 75178 - Moved by Dowie, seconded by Bowers that request of Burnette Volker for permission to construct a temporary asphalt driveway at 1628 Mitchell Avenue without regard to sidewalk grade, together with $3.00 for record- ing waiver, and City Engineer's recommendation for approval subject to October 16, 1978 ko 75178 - (Continued) -4- '" 1 the provisions of his letter, be received, placed on file, approved and "Resolution granting permission to Burnette Volker and authorizing construction of a temporary asphalt driveway at 1628 Mitchell Avenue, irrespective of a later official grade", adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 26021. 75179 - Moved by Dowie, seconded by Bowers that request of Florence Barber for permission to construct a temporary asphalt driveway at 2123 Rainbow Drive without regard to sidewalk grade, together with $3.00 for record- ing waiver, and City Engineer's recommendation for approval subject to the provisions of his letter, be received, placed on file, approved and "Resolution granting permission to Florence Barber and authorizing construction of a temporary asphalt driveway at 2123 Rainbow Drive, irrespective of a later official grade", adopted. Ayes: Six. Absent Roehr. Resolution adopted and upon approval by Mayor, assigned No. 26022. 75180 - Moved by Bowers, seconded by Hutchison that Contract, Bond and Certifi- cate of Insurance for Contract No. 502 in the amount of $14,595.80, be received, placed on file and "Resolution approving Contract and Bond of See Electric, Inc, Waterloo, Iowa, for Sans Souci Bridge Approach Lighting, Contract No. 502", adopted. Ayes: Six. Absent: Roehr, Resolution adopted and upon approval by Mayor, assigned No. 26023. 75181 - Moved by Dowie, seconded by Bowers that construction plans for sanitary sewerage facilities serving Southbrooke, Tract F, together with Treat- ment Agreement Form C 9/75 for Department of Enviromental Quality, and City Engineer's recommendation for approval subject to final acceptance of plans being reviewed and accepted by DEQ, be received, placed on file, recommendations approved, and Mayor and Clerk authorized to execute said Agreement Form. Motion carried. 75182 - Moved by Dowie, seconded by Getty that construction plans for storm sewer and paving facilities serving Northgate Addition, St. Croix Drive, and City Engineer's recommendations for approval and for City partici- pation in cost of storm sewer, be received, placed on file, approved with City's share of said cost in accordance with the Sub -division policy Ayes: Six. Absent: Roehr. Motion carried. 75183 - Moved by Hutchison, seconded by Getty that IDOT "Application for use of Highway Right of Way for Utilities Accommodation", Form 810025, for sanitary sewer line to serve Ranchero Park, from City of Waterloo, Iowa, together with plat, and City Engineer's recommendation for approval, be received, placed on file, approved and Mayor authorized to sign said application. Motion carried. 75184 - Moved by Getty, seconded by Dowie that IDOT "Application for Approval to do Grading and Build Drainage Structures Incidental Thereto Within the State Road Right of Way", Form 574, on U.S. 63 North for the installation of concrete tile, requested by Westgate Villa, Inc., and City Engineer's recommendation for approval, be received, placed on file, approved and City Clerk authorized to sign said application. Motion carried. 75185 - Moved by Dowie, seconded by Bowers that Construction Permit No. 79-22-5 for Sanitary Sewer Extension for Regency Acres and Construction Permit No. 79-22-W for Water Main Extension for Regency Acres from Iowa Depart- ment of Environmental Quality, subject to certain conditions and require- ments, be received and placed on file. Motion carried. 75186 - Moved by Getty, seconded by Burton that "An Ordinance establishing rules and requirements for the design and development of new subdivisions and of re -subdivisions, providing for preliminary and final approval of all subdivisions plats, providing for changes and amendments, and providing for the enforcement of these regulations and repealing Ordinance No. 1956 and all amendments thereto, and all ordinances or parts or section of ordinances in conflict herewith", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Roehr. Motion carried. October 16, 1978 '"1 -5- - IN 75187 - Moved by Bowers, seconded by Getty that An Ordinance amending Ordinance No. 2644 known as the Traffic Ordinance by repealing Section 322, Monthly Parking, and Section 329(d) regarding Parking Fines and enacting in lieu thereof new Section 322, Monthly Parking, and new Section 329(d) Regarding Parking Fines, be received, placed on file, considered and passed for first time. Ayes: Six. Absent: Roehr. Motion carried. 75188 - Moved by Burton, seconded by Bowers that communication from Asst. City Attorney for Black Hawk County Law Library Trustees, requesting payment to said Law Library of $1,773.65 for library books and current pocket parts,which the City retained from old municipal court law library and permission to purchase 63 volumes of NW 2d Reporter for an estimated cost of $882.00, be received, placed on file, approved and Finance Director authorized and directed to issue warrants accordingly. Ayes: Six. Absent: Roehr. Motion carried. 75189 - Moved by Dowie, seconded by Hutchison that Brice, Petrides & Associates Inc., Consulting Engineers, be instructed to prepare specifications, plans, form of contract, estimated cost, etc. for Martin Road and Cedar Terrace Drive Drainage Structure Improvements,Contract No. 100. Motion carried. 75190 - Moved by Burton, seconded by Bowers that above necessary documents for Contract No. 100, be received, placed on file and "Resolution prelimin- arily approving specifications, plans, form of contract, estimated cost, etc. for Martin Road and Cedar Terrace Drive Drainage Structure Improvements, Contract No. 100", adopted. Ayes: Six. Ab hr. Resolution adopted and upon approval by Mayor, assigned N 26024. 75191 - Moved by Burton, seconded by Getty that Clerk be instructed to ish the notice of public hearing on plans, specifications, etc., for Martin Road and Cedar Terrace Drive Drainage Structure Improvements, Contract No. 100, and taking of bids for the improvements, with date set as November 6, 1978 at 7:00 P.M. Motion carried. 75192 - Moved by Dowie, seconded by Bowers that following requests for permission to attend functions, with expenses allowed not to exceed the amounts shown, be received, placed on file and approved: Human Rights Director to Meeting on ESAR Title VII, Kansas City, Missouri October 18 thru 20, 1978, $154.80; Project Director- Project Title VII -Human Rights to Meeting on ESAR Title VII, Kansas City, Missouri, October 18 thru 20, 1978, $60.00; Five Dept. of Health and Sanitation personnel to Iowa Association of Milk Food and Environmental Sanitarians, Inc., Waterloo, October 18, 1978, $5.00 each. Ayes: Six. Absent: Roehr. Motion carried. 75193 - Moved by Bowers, seconded by Dowie that following applications for Beer Permits, be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer Class B Mary Elizabeth Terry dba Little Harlem Inn, 108 Linn Street Class C Paula K. Wilson dba Wilson's Variety, 917 Burton Avenue Laverne Howard Barnett dba Barnett's Conoco, 2256 Logan Avenue Motion carried. 75194 - Moved by Hutchison, seconded by Getty that application of Dwayne W. Hansberger, Cedar Falls, for taxicab driver's permit, be received, placed on file and granted. Motion carried. 75195 - Moved by Dowie, seconded by Bowers that report of City Attorney and list of bonds filed with Clerk through 10/16/78, be received, placed on file and report and bonds approved. Motion carried. 75196 - Moved by Burton, seconded by Dowie that the Council adjourn. Motion carried. October 16, 1978