HomeMy WebLinkAbout05/22/1976March 22, 1976
The Council of City of Waterloo, Iowa, met in Regular Session in Council Cham-
bers in City Hall at 7:00 P.M. on March 22, 1976. Mayor Rooff in the Chair.
On roll call, Present: Bowers, Dowie, Getty, Lichty, and Roehr. Absent:
Geiger and Wilharm. Invocation by Councilman Bowers.
69655 - Moved by Dowie, seconded by Bowers that the Agenda, as amended, for
the Regular Session of March 22, 1976 at 7:00 P.M., be accepted and
approved. Motion carried.
69656 - Moved by Dowie, seconded by Lichty that the Minutes of the Regular
Session held March 15, 1976 at 7:00 P.M., be approved. Motion carried.
69657 - Moved by Roehr, seconded by Bowers that proof of publication of notice
of proposal to dispose of a part of Lot 1, Auditor's Whitney Road Plat
in Sections 16 and 21-89-13 to correct an incomplete legal description
on a deed dated February, 1973, given to Waterloo Industries, Inc., as
published in Waterloo Courier on March 11, 1976, be received and placed
on file. Motion carried.
69658 - Mayor announced the time had arrived to hear objections and no objec-
tions were made or filed.
Moved by Bowers, seconded by Dowie that "Resolution approving and au-
thorizing the conveyance of a part of Lot 1, Auditor's Whitney Road
Plat in Sections 16 and 21-89-13, as published in Waterloo Courier on
3/11/76, to Waterloo Industries, Inc., and directing and authorizing
the Mayor and Clerk to execute and deliver a deed for said property",
be adopted. Ayes: Five. Absent: Geiger and Wilharm. Resolution
adopted and upon approval by Mayor, assigned No. 24483 in official res-
olution book.
69659 - Mayor Rooff recognized the leaders and two Members of Troop 144 of
Grace Lutheran Church, who were in attendance.
69660 - Mike Berry, in behalf of the tenants of apartment building at 614 Wash-
ington Street, complained that Wendell McHenry, owner, did not have a
multiple dwelling permit and health certificate on the complex and re-
quested that the owner be prosecuted for past violations, conceding
that the owner has been progressively improving the building. Donald
Lockard and others spoke in support of the tennants. City Attorney
Smith cited the laws, which provided two alternatives, (1) the Health
Officer, if he found the building to be sufficiently sub -standard,
could close the building; and (2) prosecute the owner for violations of
Chapter 19 of City Code of Ordinances relative to buildings. He stated
the ordinance gave considerable discretion to the Health Officer, who
could modify the provisions of the City Code, and that Health Officer
Hoffman gave notice specifying conditions would have to be remedied in
sixty days, or show good progress.
Health Officer Hoffman reported he did not find the building to be a
danger or health hazard and he did not feel there was cause to create
undue hardship by ordering the building vacated.
Mayor Rooff summarized that the issue for the Council to determine was
whether Health Officer Hoffman should continue to use his discretion
or should enforce the ordinance to the letter.
Moved by Roehr, seconded by Dowie that the City officials continue to
follow their present course in handling this matter as long as reason-
able progress was made in improving the building. Ayes: Five. Ab-
sent: Geiger and Wilharm. Motion carried.
69661 Walter Clark complained that during his one-hour stay in jail Monday,
his prescription drugs were dispensed to him by the jailer, which he
felt was illegal, and was informed by City Attorney Smith the jailer
could do this.
Moved by Bowers, seconded by Roehr that the above complaint be received,
placed on file and referred to the City Attorney. Motion carried.
69662 - Moved by Roehr, seconded by Dowie that request of William Robinson, En-
gineer for Midwest Garden of Memories, for Council on its own motion to
rezone from "A-1" Agricultural District and "R-1" One and Two Family
Residence District to "R-4" Multiple Residence District a part of Sec-
tion 2 -89N -13W on west side of Logan Avenue about 4 mile South of Big
Rock Road, as shown on attached plat and described in attached Exhibit
"A", together with petition of objection and City Zoning Commission's
recommendation for approval, be received, placed on file, recommenda-
2
69662 - (Continued)
tions approved, date of hearing set as April 12, 1976 at 7:00 P.M.,
and Clerk instructed to publish notice. Motion carried.
Lee Heidlebaugh, 3760 Logan Avenue, reported the legal description was
incorrect, every owner within 250' signed the objection petition, and
there would be accidents. Shirley Buck, 3740 Logan Avenue, stated the
area residents were opposed to the traffic hazard and not to the funeral
home. Mayor Rooff stated he wanted information by April 12th on the
site situation.
69663 - Moved by Bowers, seconded by Roehr that request of William Robinson,
Engineer for Albert Olesen, for Council on its own motion to rezone
from "A-1" Agricultural District to "R-2" One and Two Family Residence
District and "R-3" Multiple Residence District and from "R-2" One and
Two Family Residence District to "R-3" Multiple Residence District a
part of Section 2 -88N -13W, south of East Ridgeway Avenue between Ham-
mond Avenue and Bethel Street, as shown on attached plat and described
in attached Exhibit "A", and City Zoning Commission's recommendation
for approval, be received, placed on file, recouuuendations approved,
date of hearing set as April 12, 1976, at 7:00 P.M., and Clerk instruc-
ted to publish notice. Motion carried.
69664 - Moved by Getty, seconded by Dowie that request of Rick Young for the
Council on its own motion to rezone from "A-1" Agricultural District
to "R-4" Multiple Residence District and "M-1" Light Industrial Dis-
trict two parcels of unplatted land in Section 5-88-13W, west of Kings-
wood Addition and south of West Ridgeway Avenue, as shown on attached
plat and described in attached Exhibit "A", and City Zoning Commission's
recommendation for approval, be received, placed on file, recommenda-
tions approved, date of hearing set as April 12, 1976 at 7:00 P.M. and
Clerk instructed to publish notice. Motion carried.
69665 - Moved by Bowers, seconded by Lichty that request of Galen Bumgardner
for the Council on its own motion to rezone from "C-1" Commercial Dis-
trict and "R-3" Multiple Residence District to "M-1" Light Industrial
District a parcel of unplatted land in Section 19 -89N -12W East of Starr
Drive on the North side of Independence Avenue, as shown on attached
plat and described in attached Exhibit "A", and City Zoning Commission's
recommendation for approval, be received, placed on file, recommenda-
tions approved, date of hearing set as April 12, 1976 at 7:00 P.M. and'
Clerk instructed to publish notice. Motion carried.
69666 - Moved by Roehr, seconded by Bowers that request of Mrs. H. Hutchins,
1635 Calhoun Street, for vacation, sell and conveyance of an unopened
alley to her for $25.00 plus costs, and Plan and Program Commission's
recommendation for approval, be received, placed on file and "Resolu-
tion fixing the time and place of hearing as April 5, 1976 on proposal
to vacate, sell and convey an unopened E -W alley lying W of west line
of Creston Avenue and between Lots 21, 22 and 23, Auditor Barnes Plat
of Maywood to Mrs. H. Hutchins for $25.00 plus costs", adopted and Clerk
instructed to publish notice of hearing. Ayes: Five. Absent: Geiger
and Wilharm. Resolution adopted and upon approval by Mayor, assigned
No. 24484 in official resolution book.
69667 - Moved by Roehr, seconded by Lichty that Iowa Department of Transporta-
tion Entrance Permit Application, Form #640004, from Mack Gable for
Fred Nicol for permission to construct a 24' Type C entrance to Iowa
Highway 57 at Sta. 137+90, north side, and City Engineer's recommenda-
tion for approval subject to the provisions of his letter, be received,
placed on file, approved and Mayor authorized to sign said application.
Motion carried.
69668 - Moved by Roehr, seconded by Liehty that Iowa Department of Transporta-
tion Entrance Permit Application, Form #640004, from C. J. Enterprises
for permission to construct a 35' w/25' radii Type B entrance on High-
way 57 at Sta. 69+54.9, north side. 11/2 miles west of U.S. 63 and Iowa
57 junction, and City Engineer's recommendation for approval subject
to the provisions of his letter, be received, placed on file, approved
and Mayor authorized to sign said application. Motion carried.
March 22, 1976
- 3 -
69669 Moved by Bowers that request of C. A. Frerichs, Atty. for Lee Bain-
bridge, for the Council on its own motion to rezone from "R-2" One and
Two Family Residence District to "C-1" Commercial District the N 120.4'
of Lot 1 and all Lot 2, Auditor's Bell Court Plat, as shown on attached
plat, located on south side of Independence Avenue and west of Nevada
Street, with objection petition from property owners within 250', and
City Zoning Commission's recommendation for denial, be received, placed
on file and request denied. Motion died for lack of a second.
69670 - Moved by Roehr, seconded by Dowie that the above request of C. A.
Frerichs, Atty for Lee Bainbridge, with plat, objection petition, and
City Zoning Commission's recommendation for denial, be received, placed
on file, date of hearing set as April 19, 1976 at 7:00 P.M. and Clerk
instructed to publish notice. Motion carried.
69671 - Moved by Roehr, seconded by Bowers that the Community Development
Board minutes cf regular meeting held February 10, 1976, be received
and placed on file. Motion carried.
69672 - Under C. A. #69606 of 3/8/76 action was deferred on a proposed resolu-
tion to transfer funds within the Community Block Grant Program Budget.
Community Development Administrator Mercer explained the need for the
transfers and a discussion followed.
Moved by Bowers, seconded by Dowie that "A resolution amending the Com-
munity Development Block Grant Program Budget by transferring funds of
$70,000 from "Rehabilitation Loans" to "Rehabilitation Grants", be
adopted and action deferred until April 5, 1976 on transferring $40,000
from "Public Works, Facilities and Site Improvements" to "Administra-
tion." Ayes: Bowers, Dowie, and Getty. Nays: Roehr. Abstained:
Lichty. Absent: Geiger and Wilharm. Not adopted.
FIVE MINUTE RECESS
69673 - An effort was made to bring the above proposed resoultion back on the
floor but failed.
69674 - Moved by Bowers, seconded by Roehr that revised site development plan
for Fletcher Square Shopping Center to allow two signs as requested
by Display, Inc. for Iron Fireman Lounge and Plan and Program Commis-
sion's recommendation for approval, be received, placed on file, date
of hearing set as April 12, 1976 at 7:00 P.M. in City Hall and Clerk
instructed to publish notice. Motion carried.
69675 - Moved by Dowie, seconded by Bowers that Construction Permit No. 76-341-
S for Sanitary Sewer Extension for Cedar Knoll 1976 Extension and Con-
struction Permit No. 76-327-S for Sanitary Sewer Extension for Neil
Miller Property, from Iowa Department of Environmental Quality, subject
to certain conditions and requirements, be received and placed on file.
Motion carried.
69676 - Moved by Roehr, seconded by Getty that Preliminary Plat of Southdale
with Report of City Engineer, Deed of Dedication, Plan and Program
Commission's resolution and recommendation for approval, be received,
placed on file and "Resolution approving the Preliminary Plat of South -
dale in the City of Waterloo, Black Hawk County, Iowa", adopted. Ayes:
Five. Absent: Geiger and Wilharm. Resolution adopted and upon ap-
proval by Mayor, assigned No. 24485 in official resolution book.
69677 - Moved by Getty, seconded by Dowie that Final Plat of Kingswood First
Addition, with Engineer's Certificate of Survey, Deed of Dedication,
Report of City Engineer, Plan and Program Commission resolution of ap-
proval, Contract for street, sewers, sidewalk, etc. improvements and
waivers of assessments, and Plan and Program Commission recommendation
for approval, be received, placed on file and "Resolution approving
the Final Plat of Kingswood First Addition, in the City of Waterloo,
Black Hawk County, Iowa", adopted. Ayes: Five. Absent: Geiger and
Wilharm. Resolution adopted and upon approval by Mayor, assigned Na.
24486 in official resolution book.
69678 Moved by Roehr, seconded by Lichty that "An Ordinance amending Ordi-
nance No. 2479, as amended, by adding Sub -Section No. 86 to Section
2A-5, rezoning certain property", be considered and passed for the se-
cond time. Ayes: Five. Absent: Geiger and Wilharm. Motion carried.
March 22, 1976
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69679 - Moved by Getty, seconded by Bowers that "An Ordinance amending Ordi-
nance No. 2479, as amended, by adding Sub -Section No. 88 to Section
2A-5, rezoning certain property", be considered and passed for the
second time. Ayes: Five. Absent: Geiger and Wilharm. Motion carried.
69680 - Moved by Bowers, seconded by Dowie that "An Ordinance amending Chapter
33 of "Code of Ordinances, City of Waterloo, Iowa" by Repealing Sec-
tion 120 Thereof in Its Entirety and Enacting In Lieu Thereof a New
Section 120 of Chapter 33 of "Code of Ordinances, City of Waterloo,
Iowa" relating to Numbering of Buildings on Streets and Sidewalks", be
considered and passed for the second time. Ayes: Five. Absent: Gei-
ger and Wilharm. Motion carried.
69681 - Moved by Roehr, seconded by Dowie that communication from Asst. City
Attorney, transmitting a proposed ordinance amending Traffic Ordinance
with recommendation for suspension of rules, be received, placed on
file and "An Ordinance amending Ordinance No. 2644 known as the Traffic
Ordinance by repealing Section 124, Reporting Accidents, and Section
127,Accident Report by Peace Officer, and enacting in lieu thereof
new Section 124, Reporting Accidents, and Section 127, Accident by
Peace Officer", considered and passed for the first time Ayes: Five.
Absent: Geiger and Wilharm. Motion carried.
69682 - Moved by Roehr, seconded by Bowers that "An Ordinance amending Ordi-
nance No. 2644 known as the Traffic Ordinance by repealing Subsection
(39) Wisconsin Street of Section 545 "Yield Streets" in its entirety
and adding new Subsection (117) Iisconsin Street to Section 543 "Thru
Streets", be considered and passed for the first time. Ayes: Five.
Absent: Geiger and Wilharm. Motion carried.
69683 - Moved by Getty, seconded by Dowie that communication from Community
Development Administrator, transmitting proposed resolution reaffirm-
ing a prior committment, be received, placed on file and "A resolution
reaffirming the committment by the City of Waterloo that legal fees in
connection with the Iowa Employment Security Commission Suit in excess
of $1,000 will be paid by the City", adopted. Ayes: Five. Absent:
Geiger and Wilharm. Resolution adopted and upon approval by Mayor,
assigned No. 24487 in official resolution book.
69684 - Moved by Getty, seconded by Roehr that Estimate #8 Report for River
Road, Stage II, Contract No. 150, with Community Development Board
recommendation for approval, be received, placed on file and "Resolu-'
tion approving Report for work and materials furnished by Irving F.
Jensen Co., Inc:, for River Road, Stage II, Contract No. 150, and cer-
tifying payment accordingly", adopted. Ayes: Five. Absent: Geiger
and Wilharm. Resolution adopted and upon approval, by Mayor, assigned
No. 24488 in official resolution book.
69685 - Moved by Getty, seconded by Roehr that "Resolution, BILLS", be adopted.
Ayes: Five. Absent: Geiger and Wilharm. Resolution adopted and upon
approval by Mayor, assigned No. 24489 in official resolution book.
69686 - Moved by Dowie, seconded by Bowers that report of Police Chief of fol-
lowing promotions in the Police Department, effective March 26, 1976,
be received, placed on file, approved and accepted:
To Captain - Darwin D. Dirksen
To Lieutenant Willis A. Mastain
roger A. Mosher
To Detective Sergeant - Marc R. Lattin
To Patrol Sergeant - Martin F. Stallman
Michael R. Beener
Larry D. Hahn
Motion carried.
69687 - Moved by Roehr, seconded by Lichty that communication from City Clerk
reporting retirement of Marcella Mason as of 3/25/76 from City Clerk's
Office after 17 years of service and is entitled to 452 hours sick leave
and four weeks vacation pay, be received, placed on file and "Resolution
approving payment of $2,253.32 accumulated sick leave and vacation to
Marcella Mason, retiree of City Clerk's Office", adopted. Ives: Five.
March 22, 1976
5
69687 - (Continued)
Absent: Geiger and Wilharm. Resolution adopted and upon approval by
Mayor, assigned No. 24490 in official resolution book.
69688 - Moved by Roehr, seconded by Bowers that the following requests for per-
mission to attend functions, with expenses allowed not to exceed
amounts shown, be received, placed on file and approved.
Mayor and Community Development Administrator to Senate and House Sub-
committee Public Works Hearings on Flood Control Appropriations, Wash-
ington, D.C., March 29 and 30, 1976, $500.00;
Fire Chief to Semi -Annual Paid Fire Chief's Meeting, Ames, Iowa, March
31 and April 1, 1976, $37.50 plus use of City car;
Acting City Planning Director to Census Data Users Seminar and visit
Kansas City City Hall, Kansas City, Kansas, April 6 thru 9, 1976,
$199.23;
City Clerk and Councilperson to Semi -Annual Meeting, Iowa Municipal
Finance Officers Assn., Des Moines, Iowa, April 7 thru 9, 1976,$215.00;
City Treasurer to Semi -Annual Meeting, Iowa Municipal Finance Officers
Assn., Des Moines, Iowa, April 7 thru 9, 1976, $157.50;
Finance Director to Semi -Annual Meeting, Iowa Municipal Finance Officers
Assn., Des Moines, Iowa, April 7 thru 9, 1976, $157.50. Ayes: Five.
Absent: Geiger and Wilharm. Motion carried.
69689 - Councilman Roehr asked that the Mayor reaffirm the City's position of
requiring reports to be made by those attending out of town functions.
Mayor Rooff said he would send out a directive.
69690 Moved by Getty, seconded by Roehr that application of Kenneth Rei-
singer dba Ken Reisinger Signs, 704 Park Street, Reinbeck, Iowa, for.
License to Paint Signs, in compliance with Ordinance #2521, be received
placed on file and granted. Motion carried.
69691 - Moved by Bowers, seconded by Lichty that the applications and fees of
Donald Duane Kane, 213 Beverly Drive and Clayton Glen Kirsch, 159
Greenwood Avenue, for taxicab drivers' permits, be received, placed on
file and granted. Motion carried.
69692 - Moved by Dowie, seconded by Getty that following applications and fees
for Beer and Liquor Licenses, be received, placed on file, approved
and forwarded to Iowa Beer and Liquor Control Dept.:
Beer and Liquor - Class C
George W. Lorenz dba Porky's Red Carpet, Inc., 1449 Newell Street
William Denkinger dba Bill's 218 Tap, 4014 University Avenue
Sunday Sales - Beer and Liquor - Class C
George W. Lorenz dba Porky's Red Carpet, Inc., 1449 Newell Street'
Motion carried.
69693 - Moved by Roehr, seconded by Lichty that application of Sky Vue Drive -
In Theatre for permission to sell cigarettes at 3066 Independence Ave-
nue, be received, placed on file and granted. Motion carried.
69694 - Moved by Dowie, seconded by Bowersthat the report of City Attorney and
list of bonds filed with Clerk through 3/22/76, be received, placed on
file and approved. Motion carried.
69695 - Councilman Getty asked what could be done with Highway 20 and First
Street coming from town going west, there was a green arrow to go right
March 22, 1976
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69695 - (Continued)
but could a sign be put up in the lane to turn left. Mayor Rooff
said he would check with the Sign and Traffic Department.
69696 - Moved by Getty, seconded by Bowers that the Council adjourn. Motion
carried.
Katherine Gibbs, City Clerk
March 22, 1976