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HomeMy WebLinkAbout04/19/1976The Council of City of Waterloo, Iowa, met in Regular Chambers in City Hall at 7:00 P.M. on April 19, 1976. Chair. On roll call, Present: Bowers, Bowie, Geiger and Wilharm. Invocation by Councilman Geiger. 69808 - Moved by Roehr, seconded by Bowers that the Agenda as amended, for the Regular Session of April 19, 1976 at 7:00 P.M., be accepted and approved. Motion carried. 69809 - Moved by Roehr, seconded by Geiger that the minutes of the Regular Session held April 12, 1976 at 7:00 P.M. be corrected by adding the following Council Action: 69798A - Moved by Wilharm, seconded by Roehr that "Resolution ac- cepting bid of Larry Lehman Trucking, Waterloo, Iowa, in the sum of $7,200 for demolition of old Herrick Refrigeration Co. warehouse", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24520. Motion carried. 69810 - Moved by Geiger, seconded by Dowie that the Minutes of the Regular Session held April 12, 1976 at 7:00 P.M., be approved as corrected. Motion carried. April 19, 1976 Session in Council Mayor Rooff in the , Getty, Lichty, Roehr 69811 - Moved by Bowers, seconded by Lichty that proof of publication of Notice of Public Hearing on Rezoning, upon request of C. A. Frerichs, Atty. for Lee Bainbridge, and Council's own motion, to rezone from "R-2" One and Two Family Residence District to "C-1" Commercial Dis- trict the N 120.4' of Lot 1 and all Lot 2, Auditor's Bell Court Plat, located on south side of Independence Avenue and west of Nevada Street, as published in Waterloo Courier on March 25, 1976, be re- ceived and placed on file. Motion carried. 69812 - The Mayor called for oral and written objections. There were no written objections on file. Leslie Carstensen, 1107 Nevada Street, made oral objection, stating 21 area residents were against the re- zoning and 8 for same. Tom Cross and others supported the objectors. Moved by Wilharm, seconded by Bowers that "An Ordinance amending Ordinance No. 2479, as amended, by adding Susi-Section No. 93 to Section 2A-5, rezoning certain property", be considered and denied. Ayes: Bowers, Dowie, Roehr and Wilharm. Nays: Geiger, Getty and Lichty. Motion carried. 69813 - Moved by Dowie, seconded by Bowers that proof of publication of Notice of Proposal to Dispose of Real Estate, Lot 13, Central Sub- division, as published in the Waterloo Courier on April 8, 1976, to Roosevelt Roby for the sum of $150.00 plus costs, be received and placed on file. Motion carried. 69814 - Councilman Getty recommended that all City owned properties be sold at a special Council meeting at public auction with notice to be published, starting immediately. Roosevelt Roby, Jr. spoke against public auction sales and Anna Jung, 1965 Newell Street, spoke for such sales. Mr. Roby was informed that if his offer to purchase Lot 13, Central Subdivision was denied, he would have a chance to make another bid at the public auction. The Mayor called for oral and written objections to the sale of Lot 13, Central Subdivision, and there were none. Moved by Getty, seconded by Lichty that the Offer to Buy Lot 13, Central Subdivision, of Roosevelt Roby, be denied. Ayes: Getty and Lichty. Nays: Bowers, Dowie, Geiger, Roehr and WilhaLni. Motion not carried. 69815 - Moved by Wilharm, seconded by Dowie that "Resolution approving and authorizing sale and conveyance of Lot 13, Central Subdivision, as published in the Waterloo Courier on 4/8/76 to Roosevelt Roby for $150.00 and costs, and directing and authorizing the Mayor and Clerk to execute and deliver a deed for said property", be adopted. Ayes: Bowers, Dowie, Geiger, Roehr and Wilharm. Nays: Getty and Lichty. Resolution adopted and upon approval by Mayor, assigned No. 24521. - 2 - 69816 - Moved by Getty, seconded by Dowie that "Resolution establishing the policy procedure that when City owned properties are offered for sale, a public hearing be held at a special Council meeting and those properties approved for sale, then be sold at public auction", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24522. 69817 - Moved by Wilharm, seconded by Bowers that communication from Admini- strative Services submitting following bids for 1976 Road Oil for Street Department use, and recommending acceptance of bid of Young Coal Company, be received, placed on file, bid of Young Coal Company in amount of $.398 per gallon, including unloading of cars, heating oil and metered into city trucks, accepted, and purchase order and warrant in payment for same authorized: Young Coal Company, Water- loo, Iowa....$.398 per gal.,and Standard Oil Division of Amoco Oil Co., Davenport, Iowa...$.389 per gal. Ayes: Seven. Motion carried. 69818 - Councilman Wilharm presented a petition from James Ishman, 1029 and 1033 Wilbur Street, et al, residents and commercial, for the paving of 1000 block Wilbur Street, and recommended action be taken. Moved by Roehr, seconded by Lichty that the above petition be receiv- ed and placed on file. Motion carried. 69819 - Mayor Rooff read a petition "Common Sense: Addressed to The Citizens of America on Housing - A National Priority" as submitted by H. R. Grimm of Home Builders Assn of Waterloo & Cedar Falls and recomuend- ed the Council and city officials sign same. Moved by Wilharm, seconded by Getty that the above petition be re- ceived and placed on file. Motion carried. 69820 - Moved by Roehr, seconded by Bowers that communication from City En- gineer, transmitting a petition of William B. Peters, 163 Lobdell Road, et al, objecting to paving of Castle Street from Lobdell Road to South Hackett Road, representing 84% of frontage, be received and placed on file. Motion carried. 69821 - Moved by Bowers, seconded by Dowie that request of Leon K. Lauver & Associates for permission to construct one 24' commercial curb cut at 1105 Kent Circle to serve a 12-plex.building, as shown on attach- ed plat, and City Engineer's recommendation for approval subject to the provisions of his letter, be received, placed on file and per- , mission granted in accordance therewith. Motion carried. 69822 - Moved by Roehr, seconded by Bowers that request of Huff Construction Company for pekuiission to construct one 24' commercial curb cut at 810 Cleveland Street, as shown on attached plat, and City Engineer's recommendation for approval subject to the provisions of his letter, be received, placed on file and permission granted in accordance therewith. Motion carried. 69823 - Roosevelt Roby, Jr. withdrew his Offer to Buy Lot 15, Block 3, Man - son's Second Addition, 407 Newell Street, and his and Earl Thomas, Jr'sOffer to Buy 1500, 1600, 1700 and 1800 Blocks of Willow Street and 1800 Block of Spring View Street. Moved by Wilhaiva, seconded by Roehr that the above withdrawals of Offers to Buy, be received, placed on file and accepted. Motion carried. 69824 - Moved by Dowie, seconded by Lichty that communication from Heating Inspector, transmitting a request from Art Pries, Jr. for Titus Manufacturing Company for refund of $100 on deposit in connection with heating certificate of competency, as Waterloo operation has been closed, and recommending approval, be received, placed on file and refund granted. Ayes: Seven. Motion carried. 69825 - Under Council Action #69769 of 4/12/76, action was deferred on the application of Pocket Billiard Lounge, Inc., 3295 University Avenue, for a Class "B" Beer Permit. Mayor Rooff reported no tapes were made of the August 18, 1975 meet- ing as he unexpectedly entered the hospital that afternoon and Mayor Pro Tem Wilharm was unaware he would have to conduct the Council meeting. April 19, 1976 - 3 69825 - (Continued) Stanley Atkinson, representing the Black Hawk Gymnastics Club, stated the people were not against the building but were hesitant about the beer permit as 282 young people attended the club, 75% being young ladies of which 80io were between the ages of 6 and 12 years. Sid Thomas, Attorney for area resident objectors, spoke for denial due to increased traffic, safety for children, peace and quiet in neigh- borhood, concentration of drinking establishments. Peter Gartelos, Atty. for Robert Borgeson, stated the code require- ments had been met, and City Attorney Smith reported the State Code gave the Council the authority to approve or disapprove the appli- cation and the applicant could appeal to the Iowa State Beer and Liquor Control Department. Hugh Field, Atty. representing Wendell Lockard, stated at the August, 1975 meeting, they did indicate an attractive building would be built and would not do anything that would make them a bad neighbor, and the building was an attractive building and an asset to the neighborhood. Irene Lentfer objected to inadequate parking space and Wendell Lock- ard stated the parking requirements would be met. Other area resi- dents objected to the pool parlor and bar. Councilman Wilharm stated a year ago the Council voted to allow the zoning to stay as it was, and the residents accepted that a business building would be built for offices and shops. John Beekman, Atty. for Wendell Lockard, urged the Council to issue the permit. Moved by Wilharm, seconded by Roehr that the above application be denied. Ayes: Bowers, Dowie, Geiger, Roehr and Wilharm. Nays: Getty and Lichty. Motion carried. 69826 - Jim Rooff, Jr. asked, in view of the tragedy of two children being killed Saturday night on Commercial Street, that the police arrest the speedsters on Commercial Street and stop the drag racing. Mayor Rooff reported he had a meeting set up: with the Police Chief and assured the citizens that everything would be done to catch the dragsters, speedsters and drunken drivers. 69827 - Mayor Rooff reported that Quintin Parker of the Sign & Traffic De- partment recommended No Truck Traffic on Fairfield Street. He stated the property at the end of the dead end street was owned by Mr. Stoddard, who had not given anyone permission to drive across his property and that the barricade would be put back up; this would not prohibit delivery trucks, and the Building Official and Sanitation Director would take care of the balance of the complaints. Moved by Getty, seconded by Roehr that the above recommendation be received, placed on file, approved and the City Attorney instructed to submit an Ordinance accordingly. Motion carried. 69828 - John Ishman spoke in support of paving of the 1000 block of Wilbur Street. Councilman Wilharm inquired as to percentage of property owners wanting this paving. Mayor Rooff said if the majority sign- ed for the paving then they should have it and if the majority objected, then the City Council should grant the wishes of the majority. Moved by Wilharm, seconded by Dowie that communication from City Engineer, reporting a petition objecting to paving of Wilbur Street was filed on 5/12/75 representing 52% of properties, a new petition requesting paving of said Street was filed 4/12/76 representing 25% of properties, and recommending Wilbur Street not be included in the 1976 Paving Program, be received, placed on file and action de- ferred until April 26, 1976. Motion carried. 69829 - Moved by Bowers, seconded by Roehr that the Annual Report for the Year 1975 of the Department of Health, Sanitation, and Animal Con- trol, be received and placed on file. Motion carried. April 19, 1976 - 4- 69830 - 69830 - Moved by Roehr, seconded by Wilharm that the minutes of the Waterloo Human Rights Commission for their regular meeting of March 9, 1976 be received and placed on file. Motion carried. 69831 - Moved by Dowie, seconded by Bowers that the minutes of the Community Development Board for their regular meeting held March 9, 1976, be received and placed on file. Motion carried. 69832 - Mayor Rooff reported most of the Council had looked at the driveway on top of the hill and Councilman Getty stated action should be taken to slow down the speed limit, and was informed the City could only concur to this and the Highway Commission would have to approve. Lee Heidlebaugh and other area residents objected to the traffic. William Robinson, Engineer, and Mr. Christensen, Owner, spoke in support. Moved by Bowers, seconded by Dowie that "An Ordinance amending Ordi- nance No. 2479, as amended, by adding Sub -Section No. 89 to Section 2A-5, rezoning certain property", be considered and passed for the second time. Ayes: Bowers, Dowie, Geiger, Getty, Roehr and Wilharm. Nays: Lichty. Motion carried. 69833 - Moved by Roehr, seconded by Lichty that "An Ordinance amending Ordi- nance No. 2479, as amended, by adding Sub -Section No. 90 to Section 2A-5, rezoning certain property", be considered and passed for the second time. Ayes: Seven. Motion carried. 69834 - Moved by Bowers, seconded by Geiger that "An Ordinance amending Ordi- nance No. 2479, as amended, by adding Sub -Section No. 91 to Section 2A-5, rezoning certain property", be considered and passed for the second time. Ayes: Seven. Motion carried. 69835 - Moved by Bowers, seconded by Dowie that "Ordinance vacating All of the East West Alley lying west of the west line of Creston Avenue and lying between Lots 21, 22 and 23 of Auditor Barnes Plat of May- wood", be considered and passed for the third time. Ayes: Seven. Motion carried. 69836 - Moved by Getty, seconded by WilhaLm--th'at "Ordinance vacating All of the East West Alley lying west of the west line of Creston Avenue and lying between Lots 21, 22 and 23 of Auditor Barnes Plat of May- wood", be adopted. Ayes: Seven. Ordinance adopted and upon ap- proval by Mayor, assigned No. 2811. 69837 - Moved by Roehr, seconded by Lichty that "Resolution authorizing the sale and conveyance of an unopened E -W Alley lying W of west line of Creston Avenue between Lots 21, 22 and 23, Auditor Barnes Plat of Maywood, to Mrs. H. Hutchins for $25.00 plus costs, and directing and authorizing the Mayor and Clerk to execute and deliver a deed for said property", be adopted. Ayes: Seven. Resolution adopted and upon approval of Mayor assigned No. 24523. 69838 - Willard Frost inquired as to whether he would be assessed and it was established he was outside of city limits. Anna Jung, 1965 Newell Street, opposed the paving. Moved by Wilharm, seconded by Bowers that communication from City Engineer, reporting Deere & Company have requested paving of approx- imately 2 mile of Newell Street west of Elk Run Road to serve the entrances to the new John Deere Manufacturing Facility now under construction, same should be handled as an assessment project and recommending same be included in the 1976 Paving Program, be re- ceived, placed on file, recommendations approved and City Engineer instructed to proceed accordingly. Motion carried. 69839 - Councilman Dowie asked that Hammond Avenue from Highway 412 to City limits south, adjacent to homes, be reoiled due to the traffic going to the landfill. Moved by Dowie, seconded by Roehr that the communication from the City Engineer, submitting the list of streets, avenues, drives, roads, alleys and boulevards, or portions thereof, to be included in the 1976 Oiling Program, and the above request for said part of Hammond Ave., be received, placed on file, approved and ordered in- cluded in the 1976 Oiling Program. Motion carried. April 19, 1976 - 5 - 69840 - Moved by Dowie, seconded by Getty that "Resolution, being a Proposed Resolution of Necessity for the 1976 Oiling Program", be adopted and date of hearing set for May 10, 1976 at 7:00 P.M. in the Council Chambers in City Hall in the City of Waterloo, Iowa. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24524. 69841 - Moved by Getty, seconded by Dowie that the following request for permission to attend function, with expenses allowed not to exceed amount shown, be received, placed on file and approved: Asst. Milk Sanatarian to Seminar on Milk Pasteurization Controls and Tests, Cedar Rapis, Iowa, May 4 thru 6, 1976, $30.00. Ayes: Seven. Mo- tion carried. 69842 - Moved by Getty, seconded by Roehr that applications of Joyce Elaine Shickell, 255 Noehren, U.N.I., Cedar Falls, and Patricia Winston, 2482 Hazelwood, together with doctor's certificate and approval of the Police Chief and fees of $25.00 each, be received, placed on file and permits granted subject to the requirements of ordinances governing same. Motion carried. 69843 - Moved by Roehr, seconded by Lichty that applications of Clyde John- son, 407 Beech Street, and Richard W. Barber, 309 Rath Street, for taxicab driver's permits, be received, placed on file and granted. Motion carried. 69844 - Moved by Getty, seconded by Lichty that the applications for 42 taxi- cab drivers, as per attached list, submitted by Lemke & Williams, Inc., 711 Commercial Street, for renewal of Taxicab Driver's Licenses for Year beginning May 1, 1976, together with approval of Police De- partment, be received, placed on file and granted. Motion carried. 69845 - Moved by Getty, seconded by Geiger that applications and fees of Lemke & Williams, Inc., 711 Commercial Street, for sixteen (16) Taxi- cab Licenses for Year beginning May 1, 1976, be received, placed on file and granted. Motion carried. 69846 - Moved by Bowers, seconded by Getty that application and fee of George Lorenz dba Porky's Red Carpet, 1409 Newell Street, for a dance li- cense, be received, placed on file°atd.approved. Motion carried. 69847 - Moved by Roehr, seconded by Getty 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 Department: Beer Class B Best Foods of Waterloo, Inc. dba Mr. Steak Restaurant, 2936 Univer- sity Avenue Stuart Gee dba Mandarin Cafe, 510 Mulberry Street Class C Muether's Inc. dba Muether's Super Valu, 710 Broadway Ora Titus dba Titus Gas & Grocery, 2243 Independence Avenue Beer & Liquor Class C Flemenco, Ltd dba The Roundhouse Lounge, 1507 LaPorte Road Richard J. Erickson dba Picadilly Tap, 416 Jefferson Street Sunday Sales Beer -Class B Stuart Gee dba Mandarin Cafe, 510 Mulberry Street Motion carried. 69848 - Moved by Geiger, seconded by Getty that the report of City Attorney and list of bonds filed with Clerk through 4/19/76, be received, placed on file and approved. Motion carried. 69849 - Moved by Wilharm, seconded by Roehr that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk April 19, 1976