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HomeMy WebLinkAbout05/17/1976May 17, 1976 The Council of City of Waterloo, Iowa, met in Regular Session in Council Chambers in City Hall at 7:00 P.M. on May 17, 1976, Mayor Rooff in the Chair. On roll call, Present: Bowers, Dowie, Getty, Lichty, and Roehr. Absent: Geiger and Wilharm. Invocation by Councilman Bowers. 69963 - Moved by Roehr, seconded by Dowie that the Agenda, as amended, for the Regular Session of May 17, 1976 at 7:00 P.M., be accepted and approved. Motion carried. 69964 - Moved by Getty, seconded by Roehr that the Minutes of the Regular Session held May 10, 1976 at 7:00 P.M., be approved. Motion car- ried. 69965 - Moved by Dowie, seconded by Bowers that proof of publication of notice to vacate, sell and convey Margaret Street lying adjacent to Lot 12, Moser Addition, Lots 12 and 24, Holmes Addition and Lots 12 and 13, Guernsey Addition, as published in Waterloo Courier on 5/6/76, for five ($.05) cents per square foot and costs, be received and placed on file. Motion carried. 69966 - The Mayor called for oral and written objections, there were none, and the hearing was closed. Moved by Roehr, seconded Street lying adjacent to Holmes Addition and Lots and passed for the first Wilharm. Motion carried by Dowie that "Ordinance vacating Margaret Lot 12, Moser Addition, Lots 12 and 24, 12 and 13, Guernsey Addition", be considered time. Ayes: Five. Absent: Geiger and 69967 - Moved by Roehr, seconded by Bowers that proof of publication of no- tice of public hearing on rezone, upon request of Fred Debe, Engin- eer for Clyde Brainard, upon recommendation of City Zoning Commission and Council's own motion, to rezone from "A-1" Agricultural District to "R-4" Multiple Family Residence District and to "C-2" Commercial District a part of Section 12 -89N -13W, East of Logan Avenue (Highway 63) and South of East Airline Hiway, as published in Waterloo Courier on 4/29/76, be received and placed on file. Motion carried. 69968 - The Mayor called for oral and written objections. The Clerk report- ed no written objections had been filed and no one appeared to object orally. Councilman Getty presented a petition from Mr. and Mrs. Hogan E. Gibbs Jr., 75 East Airline Hiway, objecting to the mobile trailor court, citing traffic congestion, over -crowding of schools, devaluation of property, loss of good farmland, etc. Lowering of the speed limit was discussed and installation of access road.parallel to the.high- way by the developer. Fred Debe stated 200 mobile homes were being contemplated. Moved by Getty, seconded by Dowie that the above petition be received and placed on file. Motion carried. 69969 - The Mayor declared the hearing closed. Moved by Bowers, seconded by Roehr that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section 94 to Section 2A-5, rezoning certain property", be considered and passed for the first time. Ayes: Five. Absent: Geiger and Wilharm. Motion carried. 69970 - Moved by Dowie, seconded by Bowers that proof of publication of no- tice of public hearing on revised site development plan for Southland Park Subdivision, upon request of Southland Park, Inc., upon recom- mendation of Plan and Program Commission and Council's own motion, as published in Waterloo Courier on 4/29/76, be received and placed on file. Motion carried. 69971 - The Mayor called for oral and written objections, there were none, and the hearing was closed. Moved by Roehr, seconded by Dowie that "Resolution approving revised site development plan for Southland Park Subdivision", be adopted. Ayes: Five. Absent: Geiger and Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 24554. - 2 - 69972 - Moved by Dowie, seconded by Bowers that proof of publication of notice of public hearing on sign change at 3068 Kimball Avenue, upon request of Display, Inc. for AAA Motor Club of Iowa, upon recommendation of Plan and Program Commission and Council's own motion, as published in Waterloo Courier on 4/29/76, be received and placed on file. Motion carried. 69973 - The Mayor called for oral and written objections, there were none, and the meeting was closed. Moved by Bowers, seconded by Dowie that "Resolution approving sign change at 30$8 Kimball Avenue", be adopted. Ayes: Five. Absent: Geiger and Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 24555. 69974 - Moved by Roehr, seconded by Dowie that proof of publication of notice of public hearing on proposal to sell Disposal Parcel No. 1-15 (p) in Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, 122- 124 Utica Street, published in Waterloo Courier on 4/15/76, to The Wood Products Co., be received and placed on file. Motion carried. 69975 - The Mayor called for oral and written objections and there were none. Moved by Bowers, seconded by Roehr that "A resolution approving the sale of Disposal Parcel No. 1-15 (p) in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, and authorizing the execution of the necessary contract for sale of land for private redevelopment and deed", be adopted. Ayes: Five. Absent: Geiger and Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 24556. 69976 - Moved by Roehr, seconded by Dowie that proof of publication of notice of public hearing to sell Disposal Parcel 1-35 (p) in Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, 300 Block of Sycamore Street and the rear portion of 200 Block of Sycamore Street, published in Waterloo Courier on April 15, 1976, to The United States Postal Ser- vice, be received and placed on file. Motion carried. 69977 - The Mayor called for oral and written objections, and there were none. Moved by Bowers, seconded by Roehr that "A resolution approving the sale of Disposal Parcel No. I-35 (p) in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, and authorizing the execution of the necessary contract for sale of land for private redevelopment and deed", be adopted. Ayes: Five. Absent: Geiger and Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 24557. 69978 - Moved by Dowie, seconded by Getty that proof of publication of notice of public hearing on proposal to sell Disposal Parcels No. 30-b and 24-E in Logan Avenue Urban Renewal Area, Project No. Iowa R-2, 212 Dane Street and 420 Logan Avenue, published in Waterloo Courier on 4/15/76, to Gregory C. Washington and June K. Washington, be received and placed on file. Motion carried. 69979 - The Mayor called for oral and written objections and there were none. Moved by Roehr, seconded by Dowie that "A resolution approving the sale of Disposal Parcel No. 30-b and Disposal Parcel No. 24-E in the Logan Avenue Urban Renewal Area, Project No. Iowa R-2, and authoriz- ing the execution of the necessary contract for sale of land for pri- vate redevelopment and deed", be adopted. Ayes: Five. Absent: Geiger and Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 24558. 69980 - Marvin D. Prugh, 5369 Tucson Drive, reported petitions were turned in two years ago for sanitary sewer installation in Suburban Heights Addition and they were told this would be next after Cedar Terrace. He asked if a contract had been let, and if work would be done before 1977, stating they had City water and most wanted to hook on to sani- tary sewer. City Engineer Radue stated there were no funds programmed for this and Mayor Rooff asked the petition be reviewed. Moved by Dowie, seconded by Bowers that the above request be received, placed on file and referred to the City Engineer with a report back on May 24, 1976. Motion carried. May 17, 1976 - 3 - 69981 - Robert Alexander for Airline Motel, 3926 Airline Hiway, asked about the sanitary sewar extension requested last week and City Engineer Radue recommended approval subject to the provisions of his letter which he presented to the Council. Moved by Getty, seconded by Lichty that the above recommendation be received, placed on file, recommendations approved and permission granted in accordance therewith. Motion carried. 69982 - Councilman Dowie presented a sidewalk petition from N.S. Hansen, 140 Park Lane, et al, for Park Lane from Kimball Avenue to West Ninth Street. Moved by Dowie, seconded by Roehr that the above petition be re- ceived, placed on file and referred to the City Engineer with a report back on May 24, 1976. Motion carried. 69983 - Moved by Roehr, seconded by Getty that request from Roger C. Neebel Construction, Inc. for permission to construct one 24' commercial curb cut at 216 Brookeridge Drive, to serve a 12-plex apartment building, as shown on attached plat, and City Engineer's recommenda- tion for approval subject to the provisions of his letter, be received, placed on file, recommendations approved and permission granted in accordance therewith. Motion carried. 69984 - Moved by Dowie, seconded by Bowers that request from Gene Hunck for approximately 150' of sanitary sewer extension to serve his property on Castle Street, as shown on attached print, and City Engineer's recommendation for approval subject to the provisions of his letter, be received, placed on file, recommendations approved and permis- sion granted in accordance therewith. Motion carried. 69985 - Moved by Bowers, seconded by Getty that the communication from Sky- Vue Drive -In Theatre Company requesting permission to stage fireworks display at 3066 Independence Avenue on July 4, 1976, with alternate nights of July 9 or 10, 1976 in case of inclement weather, together with bond, be received, placed on file and permission granted sub- ject to approval of the Fire Chief. Motion carried. 69986 - Moved by Getty, seconded by Bowers that report of Sign and Traffic Maintenance Department, recommending (1) Oakland Avenue be made a through street from the north side of Conger Street to the north side of Kern Street, with removal of parking on the west and southwest side of said Street from Conger Avenue to Longfellow Avenue, and (2) Longfellow Avenue be made a through street from the north side of Conger Street to the south side of Riverside Drive and from the north side of Riverside Drive to the south side of West Parker Street, be received, placed on file, approved and the City Attorney instructed to submit an ordinance accordingly. Motion carried. 69987 - Moved by Dowie, seconded by Roehr that the General Revenue Sharing Planned Use Report for Seventh Entitlement Period July 1, 1976 through December 31, 1976, be received, placed on file, approved and "Resolution directing the City Clerk to publish notice of General Revenue Sharing Planned Use Report Entitlement Period 7, July 1, 1976 - December 31, 1976", adopted. Ayes: Five. Absent: Geiger and Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 24559. 69988 - Moved by Getty, seconded by Bowers that the Minutes of the Community Development Board for their regular meeting held April 6, 1976, be received and placed on file. Motion carried. 69989 - Moved by Roehr, seconded by Bowers that communication from City Engin- eer, reporting on Martha Street between Williston Avenue and Forest Avenue paving petition referred to him under Council Action #69923 of 5/10/76, and recommending inclusion in 1977 proposed paving program for consideration, be received, placed on file and approved. Motion carried. 69990 - Moved by Getty, seconded by Roehr that two Land Patents No. 2080 and 2081 dated 4/14/76 from the State of Iowa conveying unto the City of Waterloo portions of NW -NW Section 11-88-13 and SW -SW Section 2-88-13 May 17, 1976 - 4 - and parcel of land in SW -SW and SE -SW Section of 2-88-13, respective- ly, be received, placed on file and "Resolution approving and accept- ing Land Patents No. 2080 and No. 2081 from the State of Iowa", adopted. Ayes: Five. Absent: Geiger and Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 24560. 69991 - Moved by Dowie, seconded by Getty that "Resolution rescinding Reso- lution No. 24145 dated 8/25/75 approving and authorizing sale and conveyance of portions of Murphy Road vacated to Southtown Develop- ment Co. and directing execution of deed", be adopted. Ayes: Five. Absent: Geiger and Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 24561. 69992 - Moved by Dowie, seconded by Bowers that the communication from the Asst. City Attorney requesting a date of hearing be set on a proposal to sell and convey to Southtown Development Company real property in Section 2-88-13 for the purpose of correcting an erroneous legal des- cription, be received, placed on file and "Resolution fixing the time and place of hearing on a proposal to sell and convey real property situated in Section 2-88-13 located in the City of Waterloo, Iowa, to Southtown Development Co., and providing for public hearing and notice thereof", adopted, same being June 7, 1976 at 7:00 P.M. in City Hall and Clerk instructed to publish the notice of hearing. Ayes: Five. Absent: Geiger and Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 24561A. 69993 Moved by Roehr, seconded by Bowers that communication from Property Administrator, transmitting a Lease Agreement dated 5/3/76 for the sum of $500, for auto salvage yard purposes, and recommending approv- al, be received, placed on file and "Resolution approving a Lease Agreement with Ernie's Auto Salvage for Lots 32 thru 36, Block 4, and Lots 20 thru 26, Block 5, Riverview Addition, and authorizing the Mayor and Clerk to sign same", adopted. Ayes: Five. Absent: Geiger and Wilharw. Resolution adopted and upon approval of Mayor, assign- ed No. 24562. 69994 - Mayor Rooff explained that basically the Rath Packing Company would pay the City for Fiscal Year 1976 the sum of $198,825, the City would pay Rath $97,875 for pumping wastewater to the Treatment Plant, the City would receive approximately $100,000, and the contract would need to be signed by all parties concerned. Moved by Bowers, seconded by Dowie that cotumunication from Superin- tendent of Water Pollution Control Plant, reporting the Rath Packing Company Industrial Cost Recovery Contract has been accepted by the Environmental Protection Agency as an equitable cost recovery agree- ment and is necessary before final grant payment of $637,835 by said Agency and approximately $275,000 by Iowa Department of Environmental Quality, and proposing the City consider a supplemental contract whereby the City reimburses The Rath Packing Company for their costs of pumping their waste -water directly to the Water Pollution Control Plant, be received, placed on file and "Resolution authorizing the Mayor and Clerk to enter into an agreement with Rath Packing Company providing for the payment of annual costs for bond retirement, oper- ation and maintenance of Water Pollution Control; further, providing for the establishing of annual credits for force main pumping", adopt- ed. Ayes: Five. Absent: Geiger and Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 24563. 69995 - Richard 0. Schultz, 800 Easton Avenue, objected to the garbage col- lection fee and presented a written protest. Moved by Roehr, seconded by Lichty that the above written protest be received and placed on file. Motion carried. 69996 - Councilman Getty presented a petition from Treno Evers objecting to the garbage collection fee. Moved by Getty, seconded by Bowers that the above petition be received and placed on file. Motion carried. May 17, 1976 - 5 - 69997 - Mewed by Roehr, seconded by Dowie that a new Ordinance entitled "An Ordinance repealing Chapter 16, Garbage and Trash, of the Code of Ordinances, City of Waterloo, Iowa and enacting in lieu thereof new Chapter 16, Garbage and Refuse", be considered and passed for the first time. Ayes: Five. Absent: Geiger and Wilharm. Motion car- ried. 69998 - Moved by Roehr, seconded by Getty that "An Ordinance amending the State Plumbing Code which was adopted by the City of Waterloo under Ordinance No. 2646 by repealing Section 6, Time and Place of Meetings, of Article XVII, Board of Plumber Examiners, and enacting in lieu thereof a new Section 6, Time and Place of Meetings, of Article XVII, Board of Plumber Examiners", be considered and passed for the second time. Ayes: Five. Absent: Geiger and Wilharm. Motion car- ried. 69999 - Moved by Getty, seconded by Roehr that communication from Community Development Administrator, transmitting a proposed fair reuse value resolution and recommending approval, be received, placed on file and "Resolution establishing fair reuse value for certain parcels to be disposed of in the Westfield -Virden Urban Renewal Area, Pro- ject No. Iowa R-7", adopted. Ayes: Five. Absent: Geiger and Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 24564. 70000 - Moved by Roehr, seconded by Bowers that communication from Community Development Administrator, outlining procedure for sale of land by public offering and transmitting a proposed resolution, be received, placed on file and "Resolution authorizing a public offering for the disposal of land in the Westfield -Virden Urban Renewal Project No. Iowa R-7", adopted. Ayes: Five. Absent: Geiger and Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 24565. 70001 - Moved by Dowie, seconded by Bowers that communication from Building Administrator reporting retirement of Vernon Thompson as Building Inspector on 4/30/76 and entitlement to 480 hours sick leave and 80 hours vacation pay, be received, placed on file and "Resolution approving payment of $2,688.00 accumulated sick leave and vacation pay to Vernon Thompson, retiree, Building Inspector", adopted. Ayes: Five. Absent: Geiger and Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 24566. 70002 - Moved by Getty, seconded by Lichty that request from Asst. City Attorney for a hearing to be set on proposal to dispose of a certain parcel of land in Riverview known as "Old Mill Race" to correct a typographical error in the legal description on a deed to James L. Dixon and Betty D. Dixon, be received, placed on file and "Resolution rescinding Resolution No. 24473 approving and authorizing sale and conveyance, adopted 3/8/76, and fixing the time and place of hearing as June 7, 1976 at 7:00 P.M. in City Hall on proposal to sell and convey a certain parcel of land in Riverview known as "Old Mill Race" in Kenwood Park Second Addition to James L. Dixon and Betty D. Dixon", adopted and Clerk instructed to publish notice of hearing. Ayes: Five. Absent: Geiger and Wilharm. Resolution adopted and upon ap- proval by Mayor, assigned No.24567. 70003 - Moved by Bowers, seconded by Lichty that the following requests for permission to attend functions, with expenses allowed not to exceed amount shown, be received, placed on file and approved: Three Ambul- ance Drivers, Attendant Fire Dept., Personnel to Seminar on Emergency Work, Ramada Inn, Waterloo, May 21,22 and 23, 1976, $135.00; Two Fire Dept. Personnel to Mechanic's School, Appleton, Wisconsin, May 18 thru 20, 1976, $125.00 plus use of city car; Administrator of Community Development & Flood Control to Water Resources Congress 1976 National Conference, Washington, D.C., June 14 thru 17, 1976, $440.00. Ayes: Five. Absent: Geiger and Wilharm. Motion carried. 70004 - Moved by Roehr, seconded by Getty that the City of Waterloo, Iowa em- ploy the Auditor of the State of Iowa to make an audit of the City records and accounts for the Fiscal Year 1976, the twelve month period from July 1, 1975 thru June 30, 1976, and the City Clerk instructed to notify said Auditor to this effect. Motion carried. May 17, 1976 - 6 - 70005 - Moved by Bowers, seconded by Getty that communication from Fire Chief requesting Council approval of appointment of Forrest K. Lofton and Dennis R. Davis to the Waterloo Fire Department, effective May 17,1976, be received, placed on file and approved. Motion carried. 70006 - Moved by Roehr, seconded by Bowers that the application of Paul L. Culbert, 4128 Wells Road, R.R.#5, for taxicab driver's permit, be received, placed on file and granted. Motion carried. 70007 - Moved by Getty, seconded by Lichty that the following application for a Massage Business Permit, approved by Police Chief, Fire Chief, Health & Sanitation Dept. and Building Offical, together with fee of $25.00, be received, placed on file and Permit granted subject to the require- ments of ordinance governing same: Kenneth Robert White dba Lady Fingers, Inc., 1408 Black Hawk Street. Motion carried. 70008 - Moved by Getty, seconded by Roehr that application and fee of Leilani S. White, 526 Independence Avenue, for Massage Technician Permit, be received, placed on file and granted subject to the requirements of ordinance governing same. Motion carried. 70009 - Moved by Bowers, seconded by Getty that following applications and fees for Beer and Liquor Licenses, be received, placed on file, ap- proved and forwarded to the Iowa Beer and Liquor Control Department: Beer & Liquor Class A El Mecca Shrine Club, Inc., 109 West Fifth Street Class C Lawrence E. Mether dba Larry's Lounge, 1831 Independence Avenue Benevolent & Protective Order of Elks #290, Inc., 407 East Park Ave. David Chilcote or Karen Chilcote dba Hickory House, 315 Park Road Sunday Sales Beer & Liquor - Class C Benevolent & Protective Order of Elks #290, Inc., 407 East Park Ave. Motion carried. 70010 - Moved by Roehr, seconded by Lichty that the following applications for dance licenses, be received, placed on file and granted: Scott Burns dba Scotty's Thunderbird Tap, 715 Ansborough Avenue Electric Park, Inc. dba Electric Park Ballroom, West Conger and Rainbow Drive. Motion carried. 70011 - Moved by Bowers, seconded by Lichty that the following applications for Attendant Driver and Attendant Permits, be received, placed on file and granted: Attendant Driver Brian Paul Sires, 3825 West 27th Street, Cedar Falls Attendant Albert Baker, 2220 Easley Street Motion carried. 70012 - Mayor Rooff stated the Fire Fighters Association contract would be presented at the next Council meeting and if the Council members had any questions, to please contact him. 70013 - Moved by Bowers, seconded by and list of bonds filed with placed on file and approved. 70014 - Moved by Dowie, seconded by carried. Dowie that the report of City Attorney Clerk through 5/17/76, be received, Motion carried. Getty that the Council adjourn. Motion Katherine Gibbs, City Clerk