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Home My WebLink About04/05/1976April 5, 1970 The Council of City of Waterloo, Iowa, met in Regular Session in Council Cham- bers in City Hall at 7:00 P.M. on April 5, 1976. Mayor Rooff in the Chair. On roll call, Present: Bowers, Dowie, Geiger, Getty, Lichty, Roehr and Wil - harm. Invocation by Councilman Getty. 69697 - Moved by Roehr, seconded by Bowers that the Agenda, as proposed, for the Regular Session of April 5, 1976 at 7:00 P.M., be accepted and approved. Motion carried. 69698 - Moved by Dowie, seconded by Roehr that the Minutes of the Regular Ses- sion held March 22, 1976 at 7:00 P.M., be approved. Motion carried. 69699 - Moved by Roehr, seconded by Bowers that proof of publication of notice of public hearing on revised site development plan for Prairie Meadow West, east of Ansborough Avenue and North of Iowa Highway No. 412, upon request of Fred Debe for Country Manor, Inc., upon request of City Plan and Program Commission and City Council's own motion, as published in Waterloo Courier on 3/4/76, be received and placed on file. Motion carried. 69700 - Due to the large number of people in attendance, it was moved by Roehr, seconded by Getty that the hearing be adjourned to the large court- room. Motion carried. 69701 - The Mayor announced the time had arrived to hear objections and the Clerk reported no written objections had been filed. Kay Kober, Attorney and Spokesman for the Sheridan Road, Prospect Boulevard, Sunrise Boulevard and South Hill Drive area residents, pre- sented an objection petition containing 164 signatures. Moved by Dowie, seconded by Bowers that the above petition of objec- tions be received and placed on file. Motion carried. 69702 - Oral objections were made as follows: Kay Kober, Attorney in behalf of objection petition signers, being 95% of owners on Sunrise Boule- vard, 707 of Prospect Boulevard, 70% of Sheridan Road and 50% of South Hill Drive, reviewed the original plat whereby Sunrise Boulevard and Sheridan Road would not be extended and strongly objected to opening the streets to Olympic Drive due to additional traffic. In the discussion that followed, there were no objections to follow- ing the original plan, to additonal streets, but to opening the streets to thru traffic. The objectors favored cul de sac streets, which Fred Debe for Granger & Associates, Inc. opposed. Charles Smith, Dr. Hedlund, Jack Page, Herbert Kanofsky, area residents; supported the objectors. Merlyn Christensen and Victor Kennedy, favor- ed additional single dwellings. Councilman Dowie stated that on the petitions the people made a deter- mined effort that the signers understood the situation. Fred Debe explained what the developer contemplated in 1973, the pre- sent need, and anticipated traffic count. In a show of hands, 25 per- sons preferred the old plan and 8 the new. Carl Neubauer, 1269 South Hill Drive, presented an objection petition containing 19 South Hill Drive names. Moved by Bowers, seconded by Lichty that the above oral and written objections be received and placed on file. Motion carried. 69703 - After further discussion on curb cuts and private streets it was moved by Dowie, seconded by Bowers that the revised site development plan be rejected. Ayes: Bowers, DowieandGeiger. Nay: Getty, Lichty, Roehr and WilhaLm. Motion not carried. 69704 - Moved by Roehr, seconded by Lichty that "Resolution approving revised site development plan for Prairie Meadow West", be adopted. Ayes: Getty, Lichty, Roehr and Wilhelm. Nays: Bowers, Dowie and Geiger. Resolution adopted and upon approval by Mayor, assigned No. 24491. FIVE MINUTE RECESS - NOW IN COUNCIL CHAMBERS 69705 - Moved by Roehr, seconded by Getty that proof of publication of notice to vacate, sell and convey to Mrs. H. Hutchins an unopened E -W alley lying W of west line of Creston Avenue between Lots 21, 22 and 23, Auditor Barnes Plat of Maywood, as published in Waterloo Courier on - 2 69705 - (Continued) 3/25/76, for $25.00 and costs, be received and placed on file. Motion carried. 69706 - The Mayor announced the time had arrived to hear objections and there were no objections made or filed. Moved by Getty, seconded by Lichty 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 Maywood", be considered and passed for first time. Ayes: Seven. Motion car- ried. 69707 - Floyd Held, 125 Independence Avenue, requested that $70,000 be trans- ferred from "Rehabilitation Loans" to "Rehabilitation Grants". Moved by Bowers, seconded by Geiger that the above request be received and placed on file. Motion carried. 69708 - Moved by Geiger, seconded by none that "A resolution amending the Courunity Development Block Grant Program Budget by transferring funds of $70,000 from "Rehabilitation Loans" to "Rehabilitation Grants", be adopted. Motion died for lack of second. 69709 - A Senior Citizen presented a petition supporting the transfer of funds from loans to grants. Moved by Bowers, seconded by Lichty that the above petition from "Senior Citizens of Waterloo who have Paid Taxes All Our Lives", be received and placed on file. Motion carried. 69710 - A discussion followed as to combining the figures into one authority for determining recipients of loans and grants, average age sixty years, income qualifications. Moved by Getty, seconded by Bowers that "A resolution amending the Community Development Block Grant Program Budget by transferring funds of $80,000 from "Rehabilitation Loans" to "Rehabilitation Grants" and $40,000 from "Public Works, Facilities and Site Improvements" to "Administration", be adopted. Ayes: Bowers, Dowie, Geiger, Getty, and Lichty. Nays: Roehr and Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 24492. 69711 - Moved by Roehr, seconded by Geiger that request of Marvin Haugebak, Chairman of Black Hawk County Bicentennial Commission, Inc., for per- mission to park a 42 foot trailer displaying The Space Museum on the sidewalk on West Fourth Street opposite Conway Civic Center along the old Penney Building, from April 26 through May 2, 1976, be receiv- ed, placed on file and permission granted. Motion carried. 69712 - Moved by Getty, seconded by Bowers, that communication from Property Administrator, transmitting an Offer to Buy Lot 13, Central Sudivi- sion, for $150.00 and costs, from Roosevelt Roby, be received, place(' on file and "Resolution fixing the time and place of hearing as April 19, 1976 on proposal to dispose of Lot 13, Central Subdivision to Roosevelt Roby for $150 and costs", adopted and Clerk instructed to publish notice of hearing. Ayes: Seven. Resolution adopted and upon approval of Mayor, assigned No. 24493. 69713 - Moved by Dowie, seconded by Roehr that request of Virgil Williams for permission to extend the City sanitary sewer line 90' to serve 4662 Hoff Road, and City Engineer's recommendation for approval sub- ject to the provisions of his letter, be received, placed on file, recommendations approved and request granted in accordance therewith. Motion carried. 69714 - Moved by Roehr, seconded by Getty that request of Neil J. Miller for permission to construct one 24' curb cut and to close an existing curb cut at Tract 21, Auditor's Whitney Road Plat, 1100 block of Rainbow Drive, as shown on attached plat, and City Engineer's recom- mendations for approval subject to the provisions of his letter, be received, placed on file, recommendations approved and permission granted in accordance therewith. Motion carried. April 5, 1976 - 3 - 69715 Moved by Geiger, seconded by Roehr that request of Leon Lauver & Asso- ciates for permission to construct one 20° commercial curb cut at 225 Glencoe Avenue, as shown on attached plat, and City Engineer's recom- mendation for approval subject to the provisions of his letter, be received, placed on file, recommendations approved and permission granted in accordance therewith. Motion carried. 69716 Moved by Bowers, seconded by Roehr that communication from Iowa Public Service Company reporting application has been made to the Iowa State Commerce Commission for an increas=_in gas rates, be received and plac- ed on file. Motion carried. 69717 - Moved by Roehr, seconded by Lichty that communication from Housing and Rehabilitation Administrator, transmitting HUD First Year Operating Budget for 50 units of Elderly Turnkey Housing Project, and recommend- ing approval, be received, placed on file, "A resolution of the City Council of the City of Waterloo, Iowa, approving and confirming an operating budget for the Department of Housing and Rehabilitation of the City of Waterloo for Project IA -50-3 said budget being for an Twelve month period", adopted, and the Mayor and Clerk authorized and instructed to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24494. 69718 - Moved by Roehr, seconded by Lichty that communication from Housing and Rehabilitation Administrator, transmitting a Revised HUD Operating Bud- get for Low Rent Housing, and recommending approval, be received, plac- ed on file, "A resolution of the City Council of the City of Waterloo, Iowa, approving and confirming a Revised Operating Budget for the De- partment of Housing and Rehabilitation of the City of Waterloo for Projects IA -50-1 and IA -50-2 said Budget being for an eighteen month period", adopted, and the Mayor and Clerk authorized and instructed to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24495. 69719 - Moved by Bowers, seconded by Dowie that Permanent Sanitary Sewer Ease- ment dated 3/23/76 from Merle and Grace L. Elliott on part of Lot 28, Cedar Terrace Fourth Addition, and City Engineer's recommendation for approval, be received, placed on file, approved and accepted, and Clerk instructed to record same. Motion carried. 69729 - Moved by Getty, seconded by Lichty that Change Order No. 2 for Chau- tauqua Park Area, Stage I, Contract No. 153, for additional work per- formed by Cedar Falls Construction Co., Inc. at an additional cost of $6,973.60, and Community Development Administrator's recamuendation for approval, be received, placed on file, approved and Mayor and Clerk authorized to execute same. Ayes: Seven. Motion carried. 69721 - Moved by Dowie, seconded by Roehr that Construction Permit No. 76-370- 6 for Sanitary Sewer Extension for Orange Center, from the Iowa De- partment of Environmental Quality, subject to certain conditions and requirements, be received and placed on file. Motion carried. 69722 - City Engineer Radue recommended that the existing 30' unpaved gap at Sheridan Road and Prospect Blvd. be made a part of the plat improve- ment. Fred Debe opposed same and a discussion followed as to develop- er being given first option to purchase this. Moved by Wilharm, seconded by Getty that Preliminary Plat of Prairie Meadow West Third Addition with City Engineer's Report, Deed of Dedi- cation, Plan and Program Commission's resolution of approval and re- commendation for approval, be received, placed on file and action deferred for one week. Motion carried. 69723 - Moved by Bowers, seconded by Dowie that "An Ordinance amending Ordin- ance 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 Report by Peace Officer", be considered and rules requiring ordinances to be voted on at two prior meetings, sus- pended, said Ordinance passed for second and third times and placed on final adoption. Ayes: Seven. Motion carried. April 5, 1976 - 4- 69724 - 69724 - Moved by Roehr, seconded by Lichty that "An Ordinance amending Ordin- ance 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 Report by Peace Officer", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2804 in official ordinance book. 69725 - Moved by Roehr, seconded by Lichty that "An Ordinance amending Ordin- ance 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) Wisconsin Street to Section 543 "Thru Streets", be considered and rules requiring ordinances to be voted on at two prior meetings, suspended, said Ordinance passed for second and third times and placed on final adoption. Ayes: Seven. Motion car- ried. 69726 - Moved by Dowie, seconded by Bowers that "An Ordinance amending Ordin- ance 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) Wisconsin Street to Section 543 "Thru Streets", be adopted. Ayes: Seven. Ordinance adopted and upon ap- proval by Mayor, assigned No. 2805 in official ordinance book. 69727 - Moved by Roehr, seconded by Bowers that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 86 to Section 2A-5, rezoning certain property", be considered and passed for the third time. Ayes: Seven. Motion carried. 69726 - Moved by Bowers, seconded by Roehr that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 86 to Section 2A-5, rezoning certain property", be adopted. Ayes: Seven. Ordin- ance adopted and upon approval by Mayor, assigned No. 2806 in official ordinance book. 69729 - Moved by Getty, seconded by Lichty that "Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 88 to Section 2A-5, rezoning certain property", be considered and passed for the third time. Ayes: Seven. Motion carried. 69730 - Moved by Roehr, seconded by Dowie that "Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 88 to Section 2A-5, rezoning certain property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2807 in official ordinance book. 69731 - Moved by Dowie, seconded by Bowers 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 third time. Ayes: Seven. Motion carried. 69732 - Moved by Dowie, seconded by Geiger 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 adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2808 in official ordinance book. 69733 - Councilman Getty inquired about renaming River Road to Trueman Miller River Road and was informed there were too many letters in the name. Moved by Roehr, seconded by Dowie that communication from Asst. City Attorney, transmitting a proposed ordinance changing certain street names (see C.A.#69386 of 1/26/76), be received, placed on file and "An Ordinance renaming certain streets and naming certain unnamed streets in the City of Waterloo, Iowa", considered and the rules re- quiring ordinances to be considered and voted on at two prior meetings, suspended, said Ordinance recorded as passed for the first, second and third times, and now placed on its final adoption. Ayes: Bowers, Dowie, Geiger, Lichty, Roehr and Wilharm. Nay: Getty. Motion carried. April 5, 1976 - 5 - 69734 - Moved by Roehr, seconded by Dowie that "An Ordinance renaming certain streets and naming certain unnamed streets in the City of Waterloo, Iowa", be adopted. Ayes: Seven. Ordinance adopted and upon approv- al by Mayor, assigned No. 2809. 69735 - Moved by Bowers, seconded by Roehr that "A resolution authorizing the representatives of the State Auditor's Office now working in the City of Waterloo to perform a financial audit of the records of the Com- munity Development Department, foiuierly known as the Urban Renewal Department, within the City of Waterloo, Iowa, in compliance with the Code of Iowa for the 18 -month fiscal period from January 1, 1974, through June 30, 1975", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24496. 69736 - Moved by Dowie, seconded by Bowers that communication from Housing and Rehabilitation Administrator, transmitting a proposed Resolution for management of low rent housing and recommending approval, be received, placed on file and "Resolution designating the Waterloo Chamber of Commerce as the Management Group for all existing Low Rent Housing Programs made available to the City of Waterloo, Iowa", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24497. 69737 - Moved by Dowie, seconded by Bowers that communication from Mayor Rooff, submitting for Council approval the appointment of W. David Tyler to the Board of Adjustment, for a five-year term to expire on December 8, 1983, be received, placed on file and approved. Motion carried. 69738 - Moved by Roehr, seconded by Geiger that communication from Mayor Rooff, submitting for Council approval the appointment of Jim Crisman, Build- er, Arnold Becker, Plumber, and Daryl Andersen, Architect, to the Board of Appeals, be received, placed on file and approved. Motion carried. 69739 - Moved by Dowie, seconded by Wilhatut that col .unication from Mayor Rooff reporting retirement of Lucille Knott as Secretary to the Mayor as of 3/31/76 after 21 years of service and is entitled to 480 hours of sick leave and five weeks vacation pay, be received, placed on file and "Resolution approving payment of $3,697.12 accumulated sick leave and vacation pay to Lucille Knott, retiree as Secretary to the Mayor", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24498. 69740 - Moved by Roehr, seconded by Lichty that communication from Director of Parks reporting retirement of Robert Hayes from the Park Depart- ment as of 3/31/76 and is entitled to 252 working days of sick leave and two weeks vacation pay, be received, placed on file and "Resolu- tion approving payment of $1,533.60 accumulated sick leave and vaca- tion pay to Robert Hayes, retiree of Park Department", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24499. 69741 - Moved by Wilhatni, seconded by Getty that request of Community Develop- ment Administrator for authorization to order necessary appraisals with total fees not to exceed $11,200 nor be less than $6,700, for right-of-way land acquisitions for Stage III -B Flood Control Project along west bank of Cedar River from Mullan Avenue to 18th Street, be received, placed on file and approved. Ayes: Seven. Motion carried. 69742 - Moved by Roehr, seconded by Lichty that communication from City En- gineer, transmitting for Council review and approval the Proposed 1976 Sidewalk Repair Program with estimated costs, be received and placed on file. Motion carried. 69743 - Moved by Bowers, seconded by Getty that the applications and fees of Steven L. Sibert, Rte. 4, Cedar Falls, Iowa; Glenda Marie McCormick, 114 Woodside Drive; Tom L. Lauer, R. R. #1, Fredricksburg, Iowa and Frank Jesse Fox, 322 Courtland Street, for taxicab drivers' peiuiits, be received, placed on file and granted. Motion carried. 69744 - Moved by Getty, seconded by Roehr that the following applications for Beer Permits and Beer and Liquor Licenses, be received, placed on file, approved, the approval endorsed on applications and same for- warded to the Iowa Beer and Liquor Control Department: April 5, 1976 6 69744 - (Continued) Beer - Class B Stuart Gee dba Mandarin Cafe, 510-512 Mulberry Street Robert E. Van Fleet dba Robert Van Fleet Golf, Inc. 820 E. Donald St. Robert E. Van Fleet dba Robert Van Fleet Golf, Inc., 1830 E. Shaulis Road Robert E. Van Fleet dba Robert Van Fleet Golf, Inc., 1000 Fletcher Rd. Beer - Class C James J. Burke dba West Side Grocery, 923 W. 3rd Street Continental Oil Co. dba Westside Service, 127 Jefferson Street Beer and Liquor - Class A The Sunnyside Country Club, 1600 Olympic Drive Sunday Sales - Beer - Class B Stuart Gee dba Mandarin Cafe, 510 Mulberry Street Robert Van Fleet dba Gates Park Pro Shop, 820 E. Donald Street Robert Van Fleet dba Byrnes Park Pro Shop, 1000 Fletcher Avenue Robert E. Van Fleet dba South Hills Pro Shop, 1830 E. Shaulis Road Sunday Sales - Beer and Liquor - Class B The Sunnyside Country Club, 1600 Olympic Drive Motion carried. 69745 - Moved by Roehr, seconded by Bowers that the application for Class "B" Beer Pet«iit from Pocket Billiard Lounge, Inc. for permission to sell beer at 3295 University Avenue, be received, placed on file and tabled. Motion carried. 69746 - Moved by Geiger, seconded by Roehr that the following applications for peiuiission to sell cigarettes, be received, placed on file and granted: Bob Van Fleet dba Gates Park Pro Shop, 820 East Donald Street Bob Van Fleet dba Byrne Park Pro Shop, West 4th and Fletcher Streets Bob Van Fleet dba South Hills Pro Shop, E. Shaulis Road Smokers Cove of Waterloo, Inc., Crossroads Center Motion carried. 69747 - Moved by Bowers, seconded by Geiger that application and fee of Sonrad Company dba Twin Torch Inn, 300 W. Mullan Avenue, for a dance license, be received, placed on file and approved. Motion carried. 69748 - Moved by Geiger, seconded by Bowers that the report of City Attorney and list of bonds filed with Clerk through 4/5/76, be received, placed on file and approved. Motion carried. 69749 - Moved by Getty, seconded by Dowie that communication from City Attor- ney, transmitting correspondence from Leo M. Baker for Vi -Vim, Inc., Clarissa Howard and William Sindlinger, owners of a 40 -acre tract of land North of Ridgeway Avenue and West of Deere Road, between Ridge- way Avenue and John Deere Experimental Farm buildings, on which con- demnation proceedings are in the courts, and recommending the Council go into closed session to discuss this matter, be received, placed on file, recommendations approved and the Council go into a closed ses- sion as provided in Chapter 28A.3 of the Iowa Code. Ayes: Seven. Motion carried. COUNCIL CONVENED IN CLOSED SESSION. 69750 - Moved by Roehr, seconded by Dowie that the Council reconvene the regular meeting. Motion carried. 69751 - Moved by Wilhatm, seconded by Dowie that the offer of Vi -Vim, Inc., Clarissa Howard and William Sindlinger to sell the fill dirt, be de- clined. Ayes: Bowers, Dowie, Geiger, Getty, Roehr and Wilharm. Nay: Lichty. Motion carried. 69752 - Moved by Getty, seconded by Bowers that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk April 5, 1976