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Home My WebLink About01/22/79- _0 N � January 22, 1979 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 January 22, 1979. Mayor Rooff in the Chair. On roll call, Present: Bowers, Burton, Dowie, Getty, Hutchison, Wilharm. Absent: Roehr. Invocation by Councilman Wilharm. 75676 - Moved by Burton, seconded by Bowers that the Agenda, as proposed, for the Regular Session of January 22, 1979 at 7:00 P.M., be accepted and approved. Motion carried. 75677 - Moved by Dowie, seconded by Burton that the Minutes of the Regular Ses- sion held January 15, 1979 at 7:00 P.M., be approved. Motion carried. 75678 - Moved by Dowie, seconded by Burton that Proof of publication of public hearing on proposal to vacate the South 3' of the 8' drainage and utility easement along the North lot lines of Lots 1, 5 and 8, Regency Acres, as published in Waterloo Courier on January 5, 1979, requested by Keller - Apex Investment Company, be received and placed on file. Motion carried. 75679 - This being the time for hearing, the Mayor called for oral and written objection, and there were none. Moved by Dowie, seconded by Wilharm that "Ordinance vacating the South 3' of the 8' drainage and utility easement along the North lot lines of Lots 1, 5 and 8, Regency Acres", be received, placed on file, considered and passed for the first time. Ayes: Bowers, Burton, Dowie, Getty, Wilharm. Nay: Hutchison. Absent: Roehr. Motion carried. 75680 - Moved by Wilharm,seconded by Burton that rules requiring ordinances to be considered and voted on for passage at two prior meetings, be sus- pended, the above ordinance recorded as having been considered and passed for the second and third times, and now placed on its final adoption. Ayes: Bowers, Burton, Dowie, Getty, Wilharm. Nay: Hutchison. Absent: Roehr. Motion not carried. 75681 - Moved by Bowers, seconded by Dowie that proof of publication of notice of public hearing on proposal to vacate a 20' building setback line located within Lots 5, 6, 8 and 9, Regency Acres, as published in Water- loo Courier on January 5, 1979, requested by Keller -Apex Investment Company, be received and placed on file. Motion carried. 75682 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Burton, seconded by Wilharm that "Ordinance vacating a 20' building setback line located within Lots 5, 6, 8 and 9, Regency Acres" be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Roehr. Motion carried. 75683 - Moved by Burton, seconded by Dowie that considered and voted on for passage at the above ordinance recorded as having second and third times, and now placed Bowers, Burton, Dowie, Getty, Wilharm. Motion not carried. rules requiring ordinances to be two prior meetings, be suspended, been considered and passed for the on its final adoption. Ayes: Nay: Hutchison. Absent: Roehr. 75684 - Moved by Getty, seconded by Bowers that proof of publication of notice of public hearing to sell Disposal Parcel No. 30 D in Logan Avenue Urban Renewal Area, Project No. Iowa R-2, 417 Clay Street, as published in Waterloo Courier on December 21, 1978, to James F. Jacobs, be received and placed on file. Motion carried. 75685 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Bowers, seconded by Getty that "A resolution approving the sale of Disposal Parcel No. 30 D in the Logan Avenue Urban Renewal Area, Pro- ject No. Iowa R-2, and authorizing the execution of the necessary con- tract for sale of land for private redevelopment and deed", be adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No, 26164. 75686 - Mayor Rooff recogniz6d Boy Scout Troop 29 of Castle Hill School and Leader Al Weber. -2- 75687 - Curtis Austin, 716 Beech Street, complained about snow removel on Jackson, Cottage, Newell, Sumner and Beech Streets, and that his garbage had not been picked up. Mayor Rooff said he would inspect the area as he felt the plows had been through, the Street Department has done a commendable job, and starting Thursday, garbage would be picked up in the street for the rest of the winter. 75688 - Don A. Brown, Display Outdoor Advertising, Inc. recommended following amendments to the outdoor advertising ordinance: (1) limit height to 40', (2) 500' maximum space between units of 150 sq. ft. or more, (3) reduce elapse time on building permit from 120 to 30 days, (4) limit paint unit size to 750 sq. ft., (5) grandfather in existing structures. Moved by Bowers, seconded by Burton that above recommendations be receiv- ed, placed on file and referred to Building Official. Motion carried. 75689 - Norman Seemann, Atty. for Midwest Outdoor Advertising, opposed the pro- posed amendments and asked the ordinance not be changed. William Sil- verson asked for more time to study the proposed amendments. Moved by Getty, seconded by Wilharm that the above oral presentation, be received and placed on file. Motion carried. 75690 - Moved by Dowie, seconded by Burton that request of Perpetual Savings & Loan Association for sale and conveyance of parts of Lot 2 and Lot 3, Block 12, OPE, behind 229 East Park Avenue, as shown on attached plat, and Plan and Program Commission's recommendation for sale to a developer of Council's choice with City's retention of easement, be received, placed on file and "Resolution fixing the time and place of hearing and receiving bids as February 12, 1979 at 7:00 P.M. in Council Chambers in City Hall on proposal to sell and convey parts of Lots 2 and 3, Block 12, OPE, to a developer selected by the Waterloo City Council", adopted, and Clerk instructed to publish notice of hearing. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 26165 75691 - Moved by Bowers, seconded by Getty that request from Go -Getter Real Estate Inc. for permission to construct two 18' commercial curb cuts, one on Ansborough Avenue and one on Black Hawk Road, at 1349 Ansborough Avenue (temporary address); 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. 75692 - Moved by Burton, seconded by Getty that request from Wendell Lockard Construction, Inc. for permission to construct one'20' commercial curb cut as 2714 Ranchero 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. 75693 - Moved by Hutchison, seconded by Dowie that FY 1978 Annual Report of Waterloo City Plan and Program Commission and Waterloo City Zoning Commission, be received, placed on file, approved and commended for a job well done. Motion carried. 75694 - Moved by Bowers, seconded by Burton that the minutes of the regular meeting of the Community Development Board held December 11, 1978 at 7:00 P.M., be received, placed on file and approved. Motion carried. 75695 - Moved by Dowie, seconded by Bowers that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 154 to Section 2A-5, rezoning certain property", be received, placed on file and the rules requiring ordinances to be considered and voted on for passage at two prior meetings, be suspended, the above ordinance recorded as having been considered and passed for second and third times, and now placed on its final adoption. Ayes: Six. Absent: Roehr. Motion carried. 75696 - Moved by Burton, seconded by Dowie that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 154 to Section 2A-5, re- zoning certain property", be adopted. Ayes: Six. Absent: Roehr. Ordinance adopted and upon Mayor's approval, assigned No. 3007. January 22, 1979 -3- 75697 - Moved by Dowie, seconded by Burton that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 155 to Section 2A-5, rezoning certain property", be received, placed on file and the rules requiring ordinances to be considered and voted on for passage at two prior meetings, be suspended, the above ordinance recorded as having been considered and passed for second and third times, and now placed on its final adoption. Ayes: Six. Absent: Roehr. Motion carried. 75698 - Moved by Bowers, seconded by Hutchison that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 155 to Section 2A-5, rezoning certain property", be adopted. Ayes: Six. Absent: Roehr. Ordinance adopted and upon approval by Mayor, assigned No. 3008. 75699 - Moved by Burton, seconded by Getty that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 156 to Section 2A-5, rezoning certain property", be received, placed on file and the rules requiring ordinances to be considered and voted on for passage at two prior meetings, be suspended, the above ordinance recorded as having been considered and passed for second and third times, and now placed on its final adoption. Ayes: Six. Absent: Roehr. Motion carried. 75700 - Moved by Dowie, seconded by Hutchison that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 156 to Section 2A-5, rezoning certain property", be adopted. Ayes: Six. Absent: Roehr. Ordinance adopted and upon approval by Mayor, assigned No. 3009. 75701 - Moved by Getty, seconded by Bowers that final 10% payment report and recommendation of acceptance of the Community Development Board for Contract No. B-38, be received, placed on file and "Resolution approving the Final 10% Payment Report and Recommendation of Acceptance as to work and materials furnished by Jens Olesen & Sons Construction Co. for "EDA City Hall Annex", Contract No. B-38, accepting the work and authorizing payment accordingly", adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 26166. 75702 - Moved by Bowers, seconded by Hutchison that statement for engineering service for Contract No. 173, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting statement dated 11/30/78 from Wayne Claassen Engineering & Surveying, Inc. for engineering services for Newell Street Paving & Incidentals, Contract No. 173", adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 26167. 75703 - Moved by Getty, seconded by Wilharm that statement for engineering ser- vices for Contract No. 96, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting statement dated 1/10/79 from Brice, Petrides & Associates, Inc. for engineering services for Virden Creek Cunette Repair,Contract No.96", adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 26168. 75704 - Moved by Getty, seconded by Wilharm that "Resolution, Bills", be adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 26169. 75705 - Moved by Burton, seconded by Bowers that communication from City Engineer, reporting retirement of Earl Bush, effective 1/23/79, and entitlement to 132 hours sick leave pay, be received, placed on file and "Resolution approving payment of $823.68 sick leave pay to Earl Bush, Retiree of City Engineer's Department", adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 26170. 75706 - Moved by Dowie, seconded by Bowers that communication from Fire Chief, requesting Council approval of the following appointment to the Waterloo Fire Department, effective January 29, 1979, be received, placed on file and approved: Nicholas D. Courbat Motion carried. 75707 - Councilman Hutchison suggested an informational meeting be held for the Council and Mayor Rooff and a date would be set. Moved by Bowers, seconded by Getty that communication from Community Development Board requesting date of hearing be set as February 5, 1979 for a public hearing on the Fifth, Sixth and Seventh Year Community s r 75707 - -4- (Continued) Development Block Grant application, approved and City Clerk instructed to accordingly. Motion carried. be received, placed on file, publish notice of public hearing 75708 - Clair Slick of Chamber of Commerce stated they have been invited to make application for 100 units of additional housing under Section 8 Existing Housing as 169 units are leased out of the 171 approved units, which are not concentrated or noticeable and are for elderly, handicapped and low-income persons. Moved by Getty, seconded by Dowie that communication from Waterloo Chamber of Commerce requesting a date for public hearing be set for Housing Application of Section 8 Existing Housing, be received, placed on file and "Resolution fixing the time and place of hearing and notice to be given on application to the Housing and Urban Development Depart- ment for 100 units of housing under the Section 8 Existing Housing Assistance Program as February 12, 1979 at 7:00 P.M. in Council Chambers in City Hall and instructing Clerk to publish the notice of hearing", adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 26171. 75709 - Plan and Program Director Franke briefly explained the proposed amend- ments, noting dog kennels and radio, television and C.B. antenna towers were not included for consideration at this time. Moved by Burton, seconded by Wilharm that communication from City Zoning Commission, transmitting several proposed amendments to the Zoning Ordinance No. 2479 and recommending approval, be received, placed on file, approved and City Attorney instructed to submit an ordinance in accordance therewith. Motion carried. 75710 - Moved by Wilharm, seconded by Bowers that following application for Beer Permits and Beer Liquor Licenses, be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer Permit Applications Class C Arthur P. Sorge dba Kwik -Shop #2521, 352 Fletcher Avenue Beer Liquor License Applications Class C Dear Old Dad's, Inc. dba Dear Old Dad's, 25 East Fifth Street The Kingsmen, Ltd dba The Kingsmen, 227 Washington Street Agnes L. Fox dba Fox's Bar, 715 Sycamore Street Sunday Sales - Beer Permit Applications Class C Arthu P. Sorge dba Kwik -Shop #2521, 352 Fletcher Avenue Motion carried. 75711 - Under Council Action #75673 of 1/15/79 action was deferred on Massage Technician Permit application of Cheryl Sully,. 136 Ricker Street. Moved by Hutchison, seconded by Getty that the application of Cheryl Sully, 136 Ricker Street, for a Massage Technician Permit, be granted subject to the requirements of ordinance governing same. Motion carried. 75712 - Moved by Bowers, seconded by Getty that following application for taxi- cab driver's permit, be received, placed on file and granted: Robert Lee Zaputil, 2242 East Fifth Street Motion carried. 75713 - Moved by Bowers, seconded by Hutchison that report of City Attorney and list of bonds filed with Clerk through 1/22/79 be received, placed on file and report and bonds approved. Motion carried. 75714 - Mayor Rooff announced there would be no regular meeting on Monday, January 29, 1979, as it was a 5th Monday of the month. Moved by Hutchison, seconded by Dowie that the Council,adjourn. Motion carried. Katherine Gibbs, January 22, 1979 City Clerk