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HomeMy WebLinkAbout04/26/1976The Council of City of Waterloo, Iowa, met in Regular Chambers in City Hall at 7:00 P.M. on April 26, 1976. in the Chair. On roll call, Present: Bowers, Dowie, Roehr and Wilharm. Invocation by Councilman Geiger. April 26, 1976 Session in Council Mayor Pro Tem Wilharm Geiger, Getty, Lichty, 69850 - Moved by Dowie, seconded by Bowers that the Agenda, as proposed, for the Regular Session of April 26, 1976 at 7:00 P.M., be accepted and approved. Motion carried. 69851 - Moved by Roehr, seconded by Getty that the Minutes of the Regular Ses sion held April 19, 1976 at 7:00 P.M., be approved. Motion carried. 69852 - Walter Clark asked for free attorney services in a parking violation case and was informed the City Attorney was the prosecutor and could not furnish free advice. Mayor Pro Tem Wilharm stated the City Attor ney would get with him tomorrow. 69853 - Moved by Roehr, secondedby Dowie that coumiunication from City Engineer transmitting request of M & K Enterprises for permission to install lawn sprinkling system on City right of way on Ridgeway Avenue and on State right of way on Highway 412, as shown on attached plan, together with Iowa State Highway Commission Application for Use of Highway Right of Way for Utilities Accomodation Form #562, and recommending approval subject to owner being responsible for relocation of said system upon notice by the City and installation and maintenance at no cost to the City, be received, placed on file, recommendations ap- proved, permission granted in accordance therewith and Mayor author- ized to sign said application. Motion carried. 69854 - Moved by Dowie, seconded by Bowers that revised site development plan for Southland Park Subdivision as submitted by Larry Kaestner for Southland Park, Inc., and Plan and Program Commission's recommenda- tion for approval, and Council's own motion, be received, placed on file, date,. of hearing set as May 17, 1976 at 7:00 P.M. in City Hall and Clerk instructed to publish notice. Motion carried. 69855 - Moved by Roehr, seconded by Geiger that the request of Display, Inc. for AAA Motor Club of Iowa to allow a sign change as shown on attach- ed plat at 3068 Kimball Avenue, to "S-1" Shopping Center District, and Plan and Program Commission's recommendation for approval, and Council's own motion, be received, placed on file, date of hearing set as May 17, 1976 at 7:00 P.M. in City Hall and Clerk instructed to publish notice. Motion carried. 69856 - Fred Debe suggested the Council decide tonight to whom Margaret Street should be sold to. A discussion followed as to who would pay for the paving if sold and what portion to sell to each party. It was agreed that Mr. Debe and Mayor Rooff should work out the details. Moved by Bowers, seconded by Dowie that communication from Plan and Program Commission, submitting request from Fred Debe for Country Manor, Inc. to vacate that portion of Margaret Street lying adjacent to Lot 12, Moser Addition, Lots 12 and 24, Holmes Addition, and Lots 12 and 13, Guernsey Addition, as shown on attached plat, and recom- mending approval with retention of a utility easement over North 15' of Margaret Street and sale as determined by Council, be received, placed on file and action deferred for one week. Motion carried. 69857 - Moved by Bowers, seconded by Roehr that request of Fred Debe, Engi- neer for Clyde Brainard, for Council on its own motion to rezone from "A-1" Agricultural District to "R-4" Multiple Family Residence Dis- trict and to "C-2" Commercial District a part of Section 12 -89N -13W East of Logan Avenue (Hwy. 63) and South of East Airline Hiway, as shown on attached plat and described in attached Exhibit "A", and City Zoning Commission's recommendation for approval, be received, placed on file, recommendations approved, date of hearing set as May 17, 1976 at 7:00 P.M. and Clerk instructed to publish notice. Motion carried. 69858 - Moved by Getty, seconded by Lichty that request of Starlite Drive -In Theatre Co. for permission to stage fireworks display at 4000 Univer- sity Avenue on July 3, 1976, with alternate nights of July 4 or 5, 1976, in case of inclement weather, be received, placed on file and permission granted subject to bond being filed and to approval of Fire Chief. Motion carried. - 2 - 69859 Moved by Getty, seconded by Lichty that communication from Plan and Program Commission, submitting request from Merlyn Christensen to vacate that portion of Margaret Street lying adjacent to Lot 12, Moser Addition, and recommending vacation of Margaret Street lying adjacent to Lot 12, Moser Addition, Lots 12 and 24, Holmes Addition, Lots 12 and 13, Guernsey Addition, with retention of utility easement over N 15' of Margaret Street and sale as determined by Council, be receiv- ed, placed on file and action deferred for one week. Motion carried. 69860 - Under Council Action #69828 of 4/19/76 action was deferred on City En- gineer's recommendation that Wilbur Street from Janney Avenue to Hart- man Avenue not be included in the 1976 Paving Program. Councilman Roehr presented a petition for said paving and a discussion followed as to the total percentage of property owners for and against the paving. Moved by Roehr, seconded placed on file, referred the property owners were Avenue to Hartman Avenue Ayes: Seven. Motion car by Dowie that the above petition be received, to the City Engineer and if more than 507 of for this paving, Wilbur Street from Janney ordered included in the 1976 Paving Program. ried. 69861 - Moved by Getty, seconded by Bowers that Easement Grant dated 2/4/76 from Richard H. Young and Imelda M. Young over Sly 8' of Lot 76, South gate Fifth Addition, and City Attorney's recommendation for acceptance be received, placed on file, approved and accepted, and Clerk instruct- ed to have same recorded. Motion carried. 69862 - Moved by Dowie, seconded by Getty that communication from Housing and Rehabilitation Administrator, transmitting 1976-77 Operating Budget for Low Rent Housing Projects IA -50-1 and 2 for Fiscal Year ending 6/30/77, and recommending approval, be received, placed on file, "A resolution of the City Council of the City of Waterloo, Iowa, approv- ing and confirming an operating budget for the Public Housing Authority of the City of Waterloo for Projects IA -50-1 and IA -50-2, said budget being for a twelve month period",adopted, and the Mayor and Clerk authorized and instructed to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 24525. 69863 - Moved by Roehr, seconded by Bowers that Preliminary Plat of Jeanie's Addition with City Engineer's Report, Deed of Dedication, Plan and Program Commission's resolution of approval and recommendation for approval, be received, placed on file and "Resolution approving the Preliminary Plat of Jeanie's Addition in the City of Waterloo, Black Hawk County, Iowa", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem,assigned No. 24526. 69864 - Moved by Bowers, seconded by Roehr that Preliminary Plat of Albrecht's Country Hills with City Engineer's Report, Deed of Dedication, Plan and Program Commission's resolution of approval and recommendation for approval, be received, placed on file and "Resolution approving the Preliminary Plat of Albrecht's Country Hills in the City of Waterloo, Black Hawk County, Iowa", adopted. Ayes: Bowers, Dowie, Geiger, Getty, Roehr and Wilharm. Nay: Lichty. Resolution adopted and upon approval by Mayor Pro Tem,assigned No. 24527. 69865 - Moved by Roehr, seconded by Bowers that Final Plat of Deward Felcher Industrial Park, with Engineer's Certificate of Survey, Deed of Dedi- cation, Report of City Engineer, Contract for street, sewers, side- walk, etc. improvements and waivers of assessments, Plan and Program Commission's resolution of approval and recommendation for Council approval, be received, placed on file and "A resolution approving the Final Plat of Deward Felcher Industrial Park, Waterloo, Iowa", adopt- ed. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 24528. 69866 - Moved by Dowie, seconded by Roehr that Final Plat of Hammond Hills Third Addition, with Engineer's Certificate of Survey, Deed of Dedi- cation, Report of City Engineer, Contract for street, sewers, side- walk, etc. improvements and waivers of assessments, Plan and Program Commission's resolution of approval and recommendation for approval, be received, placed on file and "Resolution approving the Final Plat of Hammond Hills Third Addition, in the City of Waterloo, Black Hawk County, Iowa", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 24529. April 26, 1976 - 3 - 69867 - Moved by Bowers, seconded by Getty that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 89 to Section 2A-5, rezoning certain property", be considered and passed for the third time, with strong emphasis to State Department to reduce speed limit. Ayes: Bowers, Dowie, Geiger, Getty, Roehr and Wilharm. Nay: Lichty. Motion carried. 69868 - Moved by Roehr, seconded by Geiger that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 89 to Section 2A-5, rezoning certain property", be adopted. Ayes: Bowers, Dowie, Geiger, Getty, Roehr and Wilharm. Nay: Lichty. Ordinance adopted and upon approval by Mayor Pro Tem, assigned No. 2812. 69869 - Moved by Dowie, seconded by Getty that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No.90 to Section 2A-5, rezoning certain property", be considered and passed for the third time. Ayes: Seven. Motion carried. 69870 - Moved by Dowie, seconded by Getty that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 90 to Section 2A-5, rezoning certain property", be adopted. Ayes: Seven. Ordin- ance adopted and upon approval by Mayor Pro Tem, assigned No. 2813. 69871 - Moved by Getty, seconded by Bowers that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 91 to Section 2A-5, rezoning certain property", be considered and passed for the third time. Ayes: Seven. Motion carried. 69872 - Moved by Getty, seconded by Bowers that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 91 to Section 2A-5, rezoning certain property", be adopted. Ayes: Seven. Ordin- ance adopted and upon approval by Mayor Pro Tem, assigned No. 2814. 69873 - Moved by Getty, seconded by Roehr that "A resolution defining certain terms and prohibiting truck traffic on certain streets in the City of Waterloo, Iowa, and providing penalty for the violation of the terms thereof", be adopted. Ayes: Seven. Resolution adopted and upon ap- proval by Mayor Pro Tem, assigned No. 24530. 69874 - Moved by Getty, seconded by Dowie that "Resolu- on, BILLS", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 24531. 69875 - 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: Acting Planning Director to GBF/DIME Workshop, Washington, D.C., May 16 thru 21, 1976, $552.40. Associate Planner to Planning and Zoning for Organized Community Growth Program, Madison, Wisconsin, May 12 thru 14, 1976, $135.00. Electrical Inspector to Iowa Chapter Meeting International Associa- tion of Electrical Inspectors, Ft. Dodge, Iowa, May 6 thru 7, 1976, $106.00. Ayes: Seven. Motion carried. 69876 - Moved by Bowers, seconded by Lichty that the following application for 1976-1977 Scavenger License to expire 5/1/77, be received, placed on file and granted. Motion carried. 69877 - Moved by Getty, seconded by Lichty that the following applications and bonds for renewal Auto Salvage Yard Licenses, be received, placed on file, approved and licenses granted subject to the requirements of ordinance governing same: Chase Auto Parts Co., Inc., 1117 Sheffield Avenue (All vacated Powers Street, etc.) Chase Auto Parts Co., Inc., 1117 Sheffield Avenue (Lot 44, Block 111, Riverview Addition) Harry Petersen, Jr. dba Petersen Auto Wrecking, 1860 Lark Lane Wilber Auto Body & Sales, Inc., 2220 Easton Avenue Jerry G. Weekley dba J & L Auto Salvage, 1003 Winona Street Weissman Iron & Metal, Inc., 600-700 Falls Avenue Nathan Lipkin dba Commercial Auto, 1330 Commercial Street Victor H. Fuller, 2113 Mitchell Avenue Motion carried. April 2C, 1976 - 4- 69878 - 69878 - Moved by Geiger, seconded by Lichty that the following applications for renewal Junk Dealer Licenses, be received, placed on file, ap- proved and Licenses granted, subject to the requirements of ordinance governing same: Victor H. Fuller, 2113 Mitchell Avenue Cohn Bros., Inc., 901-917 Commercial Street Motion carried. 69879 - Moved by Roehr, seconded by Dowie that following applications and fees for Beer Permits and Beer and Liquor Licenses, be received, placed on file, approved and forwarded to the Iowa Beer and Liquor Control De- partment: Beer Class B Cedarloo Raceway, Inc., 3717 University Avenue Beer and Liquor Class C Frank 0. Garrison dba Sportsman's Athletic Club, The Purple Parrott, Inc., Ada Elizabeth Abbe dba Inc., 1903 Logan Avenue Leon J. Richardson dba Buck Hill Tap, Criterion Catering Services, Inc. dba Washington Street Thelma Luloff dba Fortune's Sunday Sales Beer - Class B Cedarloo Raceway,`Jnc., 3717 Beer and Liquor - Class C Frank 0. Garrison dba Sportsman's Athletic Club, The Purple Parrott, Inc., Ada Elizabeth Abbe dba Inc., 1903 Logan Avenue Motion carried. 641-643 Mobile Street The Purple Parrott, 704 Cleveland Street Bud's Hat Trick Lounge, 425 Tavern, 328 Elm Street University Avenue 641-643 Mobile Street The Purple Parrott, 69880 - Moved by Bowers, seconded by Lichty that the following applications for dance licenses, be received, placed on file and licenses granted: Mary E. Narey dba Nareys 19th Hole Tavern, 2073 Logan Avenue Bud McRae dba Hat Trick Lounge, 425 Washington Street Carol Weekley dba Kracker Box, 1366 Sycamore Street Joseph D. McFarland dba Welcome Inn, 901 Sycamore Street Dorothy Martin dba Thunderbird Tap, 715 Ansborough Avenue V. F. Deutsch dba Vic's Lounge, 1106 LaPorte Road Wanda A. Abbe dba The Colony Club, 612 Maynard Street Motion carried. 69881 - Moved by Geiger, seconded by Dowie that the report of City Attorney and list of bonds filed with Clerk through 4/26/76, be received, placed on file and approved. Motion carried. 69882 - Moved by Geiger, seconded by Dowie that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk April 26, 1976