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HomeMy WebLinkAbout08/08/1977August 8, 1977 The Council of City of Waterloo, Iowa, met in Regular Session in Council Chambers in City Hall at 7:00 P.M. on August 8, 1977. Mayor Pro Tem Wilharm in the Chair. On roll call, Present: Bowers, Geiger, Getty, Lichty, Roehr, Wilharm. Absent: Dowie. Invocation by Councilman Geiger. 72599 - Moved by Roehr, seconded by Getty that the Agenda, as proposed, for the Regular Session of August 8, 1977 at 7:00 P.M., be accepted and approved. Motion carried. 72600 - Moved by Bowers, seconded by Geiger that the Minutes of the Regular Session held August 1, 1977 at 7:00 P.M., be approved. Motion car- ried. 72601 - Moved by Roehr, seconded by Geiger that proof of publication of no- tice of public hearing for the purpose of considering an application to the Housing and Urban Development Department for 50 units of housing under the Section 8 Existing Housing Assistance Program, as published in the Waterloo Courier on 7/21 & 28/77, be received and placed on file. Motion carried. 72602 - This being the time for hearing, the Mayor Pro Tem called for writ- ten and oral objections, and there were none. Clair Slick, in charge of maintenance and management for housing for Chamber of Commerce stated the tenants make application if they pay more than 257 of their income for rent and if they meet certain qual- ifications; the Chamber keeps a list of landlords; HUD sets the Rent figures; a low income person could not be taken advantage of as the property is qualified and the tenant is qualified. In the discussion, it was pointed out that Section 23 program rents were lower and Sec- tion 8 rents were higher and there was 1% yield per month to the property owner. Moved by Bowers, seconded by Roehr that "Resolution confirming the approving and authorizing the Waterloo Chamber of Commerce to submit an application to the Federal Housing Administration for fifty (50) units of H.U.D. Existing Housing for Waterloo, Iowa", be adopted. Ayes: Bowers, Geiger, Getty, Roehr. Nays: Lichty and Wilharm. Ab- sent: Dowie. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 25300. 72603 - Moved by Roehr, seconded by Lichty that proof of publication of no- tice of public hearing on proposal to vacate all of Brender Street not now vacated South of Bauch Street and to sell and convey portion of Brender Street between Bauch Street and Stratford Avenue for $0.05 per square foot plus costs to William L. Smart, Roger D. Freese, P. M. Retterath and Alexander Gallacher, as published in the Waterloo Courier on 7/21/77, be received and placed on file. Motion carried. 72604 - This being the time for hearing, the Mayor Pro Tem called for writ- ten and oral objections, and there were none. Moved by Roehr, seconded by Getty that "Ordinance vacating all of Brender Street not now vacated South of Bauch Street", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dowie. Motion carried. 72605 - Moved by Roehr, seconded by Lichty that the rules requiring ordinances to be considered and voted on for passage at two prior meetings, be suspended, the above ordinance recorded as having been considered and passed for the second and third times, and now placed on its final a- doption. Ayes: Six. Absent° Dowie. Motion carried. 72606 - Moved by Getty, seconded by Roehr that "Ordinance vacating all of Brender Street not now vacated South of Bauch Street", be adopted. Ayes: Six. Absent: Dowie. Ordinance adopted and upon approval by Mayor Pro Tem, assigned No. 2911. 72607 - Moved by Roehr, seconded by Lichty that "Resolution authorizing the sale and conveyance of portion of Brender Street between Bauch Street and Stratford Avenue, for $0.05 per square foot plus costs, to William L. Smart, Roger D. Freese, P.M. Retterath and Alexander Gallacher, and directing and authorizing the Mayor and City Clerk to execute and deliver deeds for said property", be adopted, with City retention of 2 72607 - (Continued) utility easement for certain parcels. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 25301. 72608 - Moved by Roehr, seconded by Geiger that proof of publication of notice of public hearing on proposal to vacate, sell and convey to Ralph and Hazel Thierman that part of Riehl Street located west of the Wester- ly line of vacated Riverside Drive, Cedar River Park, as published in Waterloo Courier on 7/28/77 for $131.70 plus costs, be received and placed on file. Motion carried. 72609 - This being the time for hearing, the Mayor Pro Tem called for written and oral objections, and there were none. Moved by Roehr, seconded by Lichty that "Ordinance vacating that part of Riehl Street located west of the westerly line of vacated River- side Drive, Cedar River Park", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dowie. Motion carried. 72610 - Moved by Getty, seconded by Lichty that the rules requiring ordinances to be considered and voted on for passage at two prior meetings, be suspended, the above ordinance recorded as having been considered and passed for the second and third times, and now placed on its final adoption. Ayes: Six. Absent: Dowie. Motion carried. 72611 - Moved by Bowers, seconded by Geiger that "Ordinance vacating that part of Riehl Street located west of the westerly line of vacated Riverside Drive, Cedar River Park", be adopted. Ayes: Six. Absent: Dowie. Ordinance adopted and upon approval of Mayor Pro Tem, assigned No.2912. 72612 Moved by Roehr, seconded by Bowers that "Resolution authorizing the sale and conveyance of part of Riehl Street located west of the wester- ly line of vacated Riverside Drive, Cedar River Park, to Ralph and Hazel Thierman for $131.70 plus costs, and directing and authorizing the Mayor and City Clerk to execute and deliver a deed for said pro- perty", be adopted, with City retention of utility easement. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval of Mayor Pro Tem, assigned No. 25302. 72613 - Moved by Bowers, seconded by Getty that proof of publication of notice of public hearing on proposal to grant an easement to Bernard Kent and Haby Kent across a portion of vacated Kenyon Street, to be termin- ated upon City acquisition of Lots 18, 19 and 20, Riverview Addition, in the Flood Control Program, as published in the Waterloo Courier on 7/28/77, be received and placed on file. Motion carried. 72614 - This being the time for hearing, the Mayor Pro Tem called for written and oral objections, and there were none. Moved by Bowers, seconded by Lichty that "Resolution approving and authorizing the granting and conveying of an easement across a portion of vacated Kenyon Street to Bernard Kent and Haby Kent, to be termina- ted upon City acquisition of Lots 18, 19 and 20, Riverview Addition, as published in the Waterloo Courier on 7/28/77, and directing and authorizing the Mayor and City Clerk to execute and deliver said ease- ment", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval of Mayor Pro Tem, assigned No. 25303. 15 - Councilman Getty reported several months ago the Community Development Board refused to sell Alan Brase a certain parcel of land known as 307 East Mullan Avenue on which he wanted to move a house, and later at a special meeting refused again, and this has been presented to HUD and clearance has not been received as yet. Moved by Getty, seconded by Geiger that consideration of selling Dis- posal Parcel I-22, known as 307 East Mullan Avenue, to Alan and Susan Brase, be placed on next week's agenda. Motion carried. August 8, 1977 - 3 - 72616 - Moved by Bowers, seconded by Geiger that the petition from Lucille Henkle, 731 Vinton Street, et al, concerned citizens of the Inde- pendence Avenue and Vinton Street area, requesting survey, traffic lights with left turn signal, painted crosswalks, copies of proposal to Highway Commission with their response, traffic signal installa- tion by August 26, 1977, etc., be received, placed on file and re- ferred to Quinton Parker of the Sign &Traffic Maintenance Depart- ment with a report back to the Council. Motion carried. 72617 - Moved by Geiger, seconded by Bowers that communication from City En- gineer, transmitting a petition from Ben G. Howrey, 118 Kingbard Boulevard, et al, for oiling of alley between Clough and Arden Streets, representing 76% of property owners, and recommending approval, be received, placed on file, approved and ordered included in next year's oiling program. Motion carried. 72618 - Moved by Geiger, seconded by Bowers that request from John E. North- ness for permission to construct a temporary concrete driveway at 1002 Dundee Street without regard to sidewalk grade, together with $3.00 for recording waiver, and City Engineer's recommendations for approval subject to the provisions of his letter, be received, placed on file, approved and "Resolution granting permission to John E. Northness and authorizing construction of a temporary concrete drive- way at 1002 Dundee Avenue irrespective of a later official grade", adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 25304. 72619 - Moved by Geiger, seconded by Bowers that request from Howard M. Sandberg for permission to construct a temporary asphalt driveway at 230 West Orange Road without regard to sidewalk grade, together with $3.00 for recording waiver, and City Engineer's recommendations for approval subject to the provisions of his letter, be received, placed on file, approved and "Resolution granting permission to Howard M. Sandberg and authorizing construction of a temporary asphalt driveway at 230 West Orange Road irrespective of a later official grade", adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 25305. 72620 - Moved by Roehr, seconded by Bowers that communication from City En- gineer, transmitting the following two completed studies prepared by Brice, Petrides & Associates, Inc., and recommending approval, be received, placed on file and approved: 1) Delane Avenue Drainage Study 2) Flood Plain and Flood Control Study for Dry Run Creek and Blowers Creek Motion carried. 72621 - Moved by Geiger, seconded by Lichty that communication from Sign & Traffic Maintenance Department reporting on a petition from residents in the Vermont Street and Sullivan Avenue area requesting traffic control sign at this location, and recommending Section 543 - Thru Streets, Paragraph 88 of the Traffic Code be amended to read "Second Street - from the south westerly side of Washington Street to the west side of Sullivan Avenue, except for a two-way stop at West Second Street and Locust Street", be received, placed on file, recom- mendations approved, and City Attorney instructed to submit an or- dinance accordingly. Motion carried. 72622 - Moved by Roehr, port for July 19 Receipts $2,221, 7/31/77 $14,438, Motion carried. 72623 seconded by Getty that City Treasurer's Financial Re - 77, showing Balance on Hand 7/1/77 $14,855,023.30, 853.87, Disbursements $2,638,611.82, Balance on Hand 265.35, be received, placed on file and approved. - Sanitation Director Hoffman briefly cited the history of the Barber- shop Ordinance and Inspections; stated barbershops and beauty shops were similar and should be treated the same; the $2.00 fee was too low to cover cost of inspections, etc., and that the Sanitation De- partment represented the public on the health aspect. August 8, 1977 4 72623 - (Continued) Shirley Chapman, president of Waterloo branch of National Association of Hairdressers and Cosmetologists, protested City licensing as it would be a duplication of State license, inspection and services. Carroll Anderson, representing Waterloo Barbar Association, stated the shop owners pay the State $25.00 per year and each barber pays $20.00 per year and the State had a good inspection system. Bob Boyken, owner of barber and beauty shops, suggested the City ordin- ance be repealed as there was no need for City regulation. A dis- cussion followed on increase of fee from $2.00 to $20.00, etc. Moved by Roehr, seconded by Getty that "An Ordinance to amend Ordin- ance No. 1453, providing sanitary and health regulations for barber- shops and establishments by repealing in its entirety, Section 4, known as Section 23-16 Barbershops: License required; License fee; when inspection required; fees, in the Code of Ordinances, City of Waterloo, Iowa, and enacting in lieu thereof a new Section 4 known as Section 23-16 in the Code of Ordinances", be received, placed on file, considered and passed for the first time. 72624 - Moved by Bowers, seconded by None that the above motion be amended by adding that the fee be changed from $20.00 to $10.00 per year. Motion died for lack of second. 72625 - Mayor Pro Tem Wilharm called for the roll call on the above proposed Ordinance. Ayes: Bowers, Getty, Lichty, Roehr, Wilharm. Geiger: Declined to vote by reason of possible conflict of interest under Section 362.6 of Code of Iowa. Absent: Dowie. Motion carried. Dewayne Eilers questioned if the Library Board was being given an additional $5,000 and was informed this was approved six or eight months ago. Moved by Roehr, seconded by Bowers that "Resolution obligating from the Anti -recession Fund the sum of Four thousand nine hundred fifty five dollars ($4,955.00) to the Library Department within the Gen- eral Fund of the City of Waterloo, Iowa", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 25306. 72627 - Moved by Bowers, seconded by Getty that Estimate #1 Report for Con- tract No. 157, with City Engineer's recommendation for approval, be received, placed on file and "Resolution approving Report for work and materials furnished by Cedar Valley Corporation for FY 1977 Pav- ing Program, Contract No. 157, and authorizing and certifying pay- ment accordingly", adopted. Ayes: Six. Absent: Dowie. Resolu- tion adopted and upon approval by Mayor Pro Tem, assigned No. 25307. 72628 - Moved by Roehr, seconded by Getty that Estimate No. 8 Report for Bridge Contract No. 11, with Community Development Board's recom- mendation for approval, be received, placed on file and "Resolution approving Report for work and materials furnished by Lunda Construct- ion Company for Demolition and Reconstruction of Sans Souci Bridges, Contract No. 11, and certifying payment accordingly", adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 25308. 72629 - Moved by Bowers, seconded by Getty that Estimate No. 5 for Contract No. 159, with Community Development Board's recommendation for ap- proval, be received, placed on file and "Resolution approving Report for work and materials furnished by Cedar Valley Corporation for East Park Avenue Area Street Improvements, Sewers and Incidentals, Contract No. 159, and certifying payment accordingly", adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 25309. 72630 - Moved by Getty, seconded by Geiger that Estimate #kl for Contract No. 160, with Community Development Board's recommendation for approval, August 8, 1977 - 5 - 72630 - (Continued) be received, placed on file and "Resolution approving Report for work and materials furnished by Cedar Falls Construction Company for Sans Souci Bridge Approaches, Contract No. 160, and certify- ing payment accordingly', adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 25310. 72631 - Moved by Roehr, seconded by Getty that Estimate #4 Report for Minor Contract No. 90, with Community Development Board's recommendation for approval, be received, placed on file and "Resolution approving Report for work and materials furnished by Acton Construction Com- pany for Repairs to West Side Parking Ramp, Minor Contract No. 90, and certifying payment accordingly", adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 25311. 72632 - Moved by Getty, seconded by Lichty that Estimate #4 Report for Con- tract No. 187, with City Engineer's recommendation for approval, be received, placed on file and "Resolution approving Report for work and materials furnished by Brown & Cris, Inc. for Guernsey's Orange View Sanitary Sewer, Contract No. 187, and authorizing payment ac- cordingly", adopted. Ayes: Six. Absent: Dowie. Resolution a- dopted and upon approval by Mayor Pro Tem, assigned No. 25312. 72633 - Moved by Bowers, seconded by Getty that Estimate #1 Report for Minor Contract No. 92, with City Engineer's recommendation for ap- proval, be received, placed on file and "Resolution approving Re- port for work and materials furnished by Dale J. Clark Contracting Company for Recreation Center Parking Lot Addition, Minor Contract No. 92, and authorizing payment accordingly", adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 25313. 72634 - Moved by Roehr, seconded by Geiger that communication from City En- gineer, transmitting statement dated 7/26/77 from Brice, Petrides & Associates, Inc. for engineering services for Delane Avenue Flood Control Study, and recommending approval, be received, placed on file and "Resolution approving statement of Brice, Petrides & Assoc- iates, Inc. for engineering services for Delane Avenue Flood Control Study and authorizing payment accordingly", adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 25314. 72635 - Moved by Getty, seconded by Geiger that communication from City En- gineer, transmitting a final pay estimate statement from Cedar Valley Corporation, dated 6/20/77, for City's share of participation in the improvements of East San Marnan Drive, authorized by Resolu- tion #25017 of 3/14/77, and recommending approval, be received, placed on file and "Resolution approving statement of Cedar Valley Corporation for City's share of participation in improvements of East San Marnan Drive and authorizing payment accordingly", adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 25315. 72636 Moved by Getty, seconded by Geiger that "Resolution, Bills, Schedule A", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 25316. 72637 - Moved by Getty, seconded by Geiger that "Resolution, Bills, Schedule B", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 25317. 72638 - Moved by Bowers, seconded by Roehr that communication from Plan and Program Director, reporting an error in the legal description in the sale and conveyance of a part of Lot 56 in Lewis Miller's Small Farms Addition to Donald and Susan M. Thompson with City's retention of a ponding easement, and requesting reconsideration, be received, placed on file and "Resolution rescinding Resolution No. 25217 a- dopted 6/27/77, and fixing the time and place of hearing as August 22, 1977 on proposal to sell and convey certain property to Donald A. and Susan M. Thompson", adopted with City to retain a ponding easement, and the Clerk instructed to publish notice of hearing. August 8, 1977 - 6 72638 - (Continued) Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 25318. 72639 - Moved by Geiger, seconded by Lichty that communication from Fire Chief requesting Council approval of the appointment of Michael Ray Zimmerman to the Waterloo Fire Department, effective August 1, 1977, be received, placed on file and approved. Motion carried. 72640 - Moved by Roehr, seconded by Bowers that communication from City Engineer, transmitting a Notice to Property Owners in the 100 block of Ash Street for installation or renewal of underground water ser- vices, be received, placed on file, approved and "Resolution order- ing underground water connection installations or renewals by the owners of certain real property in the 100 block of Ash Street in connection with FY 1977 Paving Program, Contract No. 157, as provid- ed by Iowa Code Chapter 384.40", adopted and Clerk instructed to publish said Notice. Ayes: Six. Absent: Dowie, Resolution a- dopted and upon approval by Mayor Pro Tem, assigned No. 25319. 72641 Moved by Getty, seconded by Bowers that communication from City En- gineer, transmitting three Petition and Waiver requests from (1) Rainbow Meats, Ltd., (2) Tillman Bentley, and (3) Richard Anderson, for oiling in front of their properties on Utica Street, generally between Harrison Street and Lincoln Street, and recommending ap- proval with cost to be assessed, be received, placed on file and recommendations approved and City Engineer instructed to proceed accordingly. Motion carried. 72642 - Moved by Bowers, seconded by Getty that "Resolution approving Pe- titions and Waivers for Oiling on Utica Street, generally between Harrison Stree ...in-- -eet", be adopted. Ayes: Six. Ab- sent: Dowie. Resolutio adop ed and upon approval by Mayor Pro Tem, assignee No. 25320. 72643 - Moved by Bowe , se e -.ed by Getty that "Resolution of Necessity for the oiling o Utica Street, generally between Harrison Street and Lincoln Street, ordering construction of said project, approv- ing preliminary plat and schedule of assessments and estimate of cost, approval of plans, specifications, form of contract, and final estimate of cost", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 25321. 72644 - Moved by Roehr, seconded by Lichty that the following requests for permission to attend functions, with expenses allowed not to ex- ceed amount shown, be received, placed on file and approved: Building Official to National Seminar on "Life Safety Code" as put on by The National Fire Protection Association, Minneapolis, Minn- esota, August 27, 28 and 29, 1977, $487.00. Four Fire Department Personnel to arson detection school by a noted expert on the subject, Des Moines, Iowa, August 8, 1977, $25.00 plus use of City vehicle. Ayes: Six. Absent: Dowie. Motion carried. 72645 - Moved by Getty, seconded by Lichty that the following applications for Beer Permits and Beer and Liquor Licenses, be received, placed on file, approved, and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer Permit - Class B Lee R. Smith dba Cliff's Supper Club, 106 Linn Street Class C Beer Permits - Uban Oil Co., Uban Oil Co., Siech's Varly August 8, 1977 2108 Logan Avenue dba Lafayette Gastop, 2100 Lafayette Street Drug, Inc., 908 LaPorte Road - 7 72645 - (Continued) Beer and Liquor Licenses Class C John Straube dba The Dugout, Inc., 1125 West Donald Street Hat Trick, Inc. dba Criterion Catering Service, Inc., Hat Trick Lounge, 425 Washington Street Becker Champman American Legion Post #138, 619 Franklin Street Dewey S. Hundley dba Ritz Tavern, 320 West Fourth Street Sunday Sales - Beer Permits - Class C George Philip Clearman dba Waterloo Fina Service, 2301 Lafayette Street Richard E. Griffin dba Griff's Deep Rock, 801 Franklin Street Clute's Highland Market, Inc., 909 Independence Avenue Chieftain Oil Co. of Iowa, Inc. dba Chieftain Station Mart, 217 Washington Street Pester Derby Oil Company dba Pester Derby, 1415 Logan Avenue Pester Derby Oil Company dba Pester Derby, 611 Rainbow Drive Pester Derby Oil Company dba Pester Derby, 508 Broadway Dunn's Inc. dba Dunn's Super Valu, 1975 Franklin Street QuikTrip Corporation dba QuikTrip Store #502, 3012 Ansborough Avenue Lucky Stores, Inc. dba May's Drug Store, #181, 1934 Logan Avenue Lucky Stores, Inc. dba Eagle Discount Supermarket #131, Washington & West Seventh Streets Lucky Stores, Inc. dba Eagle Discount Supermarket #082, 2052 Logan Avenue Neva G. Arend dba Roma Janes, 508 West Fourth Street Siech's Varly Drug, Inc., 908 LaPorte Road Waterloo Sport Supply dba Ray Mount Waterloo Sport Supply, 831 Sycamore Street QuikTrip Corporation dba QuikTrip Store, #512, 334 Ridgeway Avenue Uban Oil Co. dba Lafayette Gastop, 2100 Lafayette Street Uban Oil Co., 2108 Logan Avenue George Philip Clearman dba Waterloo Fina Service, 2301 Lafayette Street Uban Oil Co. dba Lafayette Gastop, 2100 Lafayette Street Siech's Varly Drug, Inc., 908 LaPorte Road Motion carried. 72646 Moved by Bowers, seconded by Geiger that the application and fee from Metropolitan Patient Transfer, Inc., 4304 Rownd Street, Cedar Falls, for one Ambulance License, be received, placed on file and granted. Motion carried. 72647 - Moved by Getty, seconded by Geiger that the application of Kera Lyn Shogren, 429 Clay Street, for a Massage Technician Permit, be re- ceived, placed on file and granted subject to the requirements of ordinance governing same. Motion carried. 72648 - Moved by Bowers, seconded by Geiger that report of City Attorney and list of bonds filed with Clerk through 8/8/77, be received, placed on file and report and bonds approved. Motion carried. 72649 - Moved by Bowers, seconded by Getty that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk August 8, 1977