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HomeMy WebLinkAbout05/02/1977May 2, 1977 The Council of City of Waterloo, Iowa, met in Regular Session in Council Chambers in City Hall at 7:00 P.M., on May 2, 1977. Mayor Rooff in the Chair. On roll call, Present: Bowers, Dowie, Geiger, Getty, Lichty, Roehr, Wilharm. Absent: None. Invocation by Councilman Wilharm. 71877 - Moved by Roehr, seconded by Wilharm that the Agenda, as amended, for the Regular Session of May 2, 1977 at 7:00 P.M., be accepted and ap- proved. Motion carried. 71878 - Moved by Dowie, seconded by Bowers that the Minutes of the Regular Session held April 25, 1977 at 7:00 P.M., be approved. Motion car- ried. 71879 - Moved by Roehr, seconded by Dowie that proof of publication of notice of public hearing to vacate, sell and convey to Delbert and Donna Arbuckle, Thomas R. and Diana M. Karlowski and Marvin F. Piburn, Jr. a portion of the East-West alley lying adjacent to and North of Lot 197, Prospect Place, as published in Waterloo Courier on 4/21/77, for $7.00, $40.15 and $35.00, plus costs, respectively, be received and placed on file. Motion carried. 71880 - The Mayor announced the time had arrived for hearing, called for oral and written objections, and there were none. Moved by Roehr, seconded by Bowers that "Ordinance vacating a por- tion of East-West Alley lying adjacent to and North of Lot 197, Prospect Place", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 71881 - Moved by Getty, seconded by Lichty that the above Ordinance be considered and rules requiring ordinances to be voted on at two prior meetings, suspended, and said Ordinance passed for the second and third times and placed on its final adoption. Ayes: Seven. Motion carried. 71882 - Moved by Wilharm, seconded by Lichty that "Ordinance vacating a portion of East-West Alley lying adjacent to and North of Lot 197, Prospect Place", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2884. 71883 - Moved by Dowie, seconded by Getty that "Resolution authorizing the sale and conveyance of a portion of the East-West Alley lying adjacent to and North of Lot 197, Prospect Place, subject to retention of a utility easement, to Delbert and Donna Arbuckle for $7.00 plus costs, Thomas R. and Diana M. Karlowski for $40.15 plus costs, and Marvin F. Piburn, Jr. for $35.00 plus costs, and directing and authorizing the Mayor and City Clerk to execute and deliver a deed for said property", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25107. 71884 - Paul Holterman asked what was required to permit him to operate a beer garden at The Stable at 2022 Bopp Street and was infoLwed this would be checked with the Iowa Beer Liquor Control Dept. 71885 - Councilman Geiger presented a petition objecting to the proposed rezoning from "R-2" One and Two Family Residence District to "C-2" Commercial District of a part of Section 36 -89N -13W. Moved by Geiger, seconded by Dowie that the above objection petition from Mr. and Mrs. Floyd D. Foster, 1909 Bourland Avenue, et al, be received and placed on file. Motion carried. 71886 - F. M. Van Ee presented a petition from property owners in the 1200 blocks of Lincoln, Columbia and Ackermant Streets requesting the junk dealer license application of B. Schultz Co. at the location bounded by W. C. F. & N. Drive, Columbia and Ackermant Streets, be denied or street restrictions placed on the height of scrap iron piles plus enforcement of owner to build an enclosed high fence to completely enclose said premises. He reported skunks retreated to the junk pile when drivenfrom 1245 and 1249 Columbia Street by the Police. Mayor Rooff explained that until now no license was needed because the junk yard was grandfathered in but now it was being expanded and must be licensed. �, - 2 71886 - (Continued) Moved by Wilharm, seconded by Lichty that the above objection petit- ion of Rex Bingaman, 1246 Lincoln Street, et al, be received and placed on file. Motion carried. 71887 - F. M. Van Ee asked why Columbia Street was closed off and was informed that part of it was privately owned. He suggested the City acquire the property as the fire truck to answer a fire call on Columbia, Ackeimant and Lincoln Streets had to go around Logan Avenue and back. Mayor Rooff said the Fire Chief would be asked to check this. 71888 - Helen Riley, 2240 Burton Avenue, complained of horses being ridden across her lawn and was informed the City ordinance covered public property but she could file charges for criminal trespass. 71889 - Agnes Robertson, 1030 Roosevelt Street, inquired as to progress being made on animal ordinance, and if small buildings needed building permits. Mayor Rooff stated that Animal Control Director Hoffman was about ready to bring the ordinances to Council and Building Offic- ial Parsons reported no permit was needed for small sheds. 71890 - Moved by Roehr, seconded by Geiger that the request from Sid McKenna Color Photography for permission to construct one 22' commercial curb cut for exit only at 2809 Falls Avenue, as shown on attached sketch, and City Engineer's recommendations for approval subject to the provisions of his letter, be received, placed on file, recom- mendations approved and permission granted in accordance therewith with parallel parking only permitted. Motion carried. 71891 - Moved by Getty, seconded by Lichty that request from Richard D. Acker for permission to construct a temporary concrete driveway at 345 Ivanhoe Road without regard to sidewalk grade, together with $3.00 for recording waiver, and City Engineer's recommendation for approv- al subject to the provisions of his letter, be received, placed on file, approved and "Resolution granting permission to Richard D. Acker and authorizing construction of a temporary concrete driveway at 345 Ivanhoe Road irrespective of a later official grade", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, as- signed No. 25108. 71892 - Moved by Bowers, seconded by Dowie that the following Annual Reports, be received and placed on file: January 1975 -July 1976 Department of Engineering FY 1976 City Plan & Program Commission and City Zoning Commission Motion carried. 71893 - Moved by Dowie, seconded by Roehr that the following four Construct- ion Permits from the Iowa Department of Environmental Quality, sub- ject to certain conditions and requirements, be received and placed on file: No. 77-308-W for Water Main Extension, Prairie Meadow West Fourth Addition; No. 77-323-S for Sanitary Sewer Extension, Prairie Meadow West Fourth Addition; No. 77-312-W for Water Main Extension, Granger's Addition; No. 77-324-S for Sanitary Sewer Extension, Granger's Addition. Motion carried. 71894 - Moved by Wilharm, seconded by Dowie that the Lease Agreement with Jerry G. Weekley dba J & L Auto Salvage for Lot Nos. 13 thru 36, Block No. 39, Riverview Addition, for a period of one year of May 1 1977 thru April 30, 1978, for the sum of $352.00 per year, for auto salvage yard or junk yard purposes, subject to obtaining a current auto salvage license or junk yard license each year, be received, placed on file and action deferred for one week. Motion carried. 71895 - Moved by Getty, seconded by Roehr that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 114 to Section 2A-5, rezoning certain property", be received, placed on file, con- sidered and passed for the third time, and now placed on its final adoption. Ayes: Seven. Motion carried. - 3 - 71896 - Moved by Getty, seconded by Lichty that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 114 to Section 2A-5, rezoning certain property", be adopted. Ayes: Seven. Ordin- ance adopted and upon approval by Mayor, assigned No. 2885. 71897 - Moved by Getty, seconded by Dowie that "Resolution adopting and ap- proving the execution of a Third Amendment to the Grant Agreement for Project No. 6-19-0094-04, from the Administrator of the Federal Aviation Administration, relating to Federal Aid in the development of the Waterloo Municipal Airport", be adopted. Ayes: Seven. Res- olution adopted and upon approval by Mayor, assigned No. 25109. 71898 - Moved by Dowie, seconded by Bowers that the City Clerk be instructed to employ the firm of Chapman and Cutler, Bonding Attorneys, Chicago, Illinois, to prepare the necessary legal proceedings for the issuance and sale of $1,350,000 Corporate Purpose Bonds. Motion carried. 71899 - Moved by Bowers, seconded by Dowie that communication from Mayor Rooff, submitting for Council approval the appointment of Virgil Graybill as Superintendent of Parking Ramps, effective immediately, be received, placed on file and approved. Motion carried. 71900 Moved by Roehr, seconded by Getty that coimuunication from Mayor Rooff, submitting for Council approval the appointment of Bill Cowell, 1351 Lyon Avenue, to the McElroy Auditorium and Conway Civic Center Board, to fill unexpired term of Ted Schuler expiring on July 1, 1978, be received, placed on file and approved. Motion carried. 71901 - Moved by Bowers, seconded by Lichty that communication from Police Chief, reporting retirement of Lieutenant Roger Mosher as of April 21, 1977 from the Police Department, and entitlement of 68 days sick leave pay, be received, placed on file and "Resolution approving payment of $3,801.68 sick leave pay to Lieutenant Roger Mosher, Re- tiree of Police Department", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25110. 71902 - Moved by Geiger, seconded by Lichty that communication from Acting City Electrician reporting termination of Joseph C. Boesen as of April 29, 1977 from the Electrical Department, and entitlement of 42 3/4 days sick leave and four weeks vacation pay, be received, placed on file and "Resolution approving payment of $2479.88 sick leave and vacation pay to Joseph C. Boesen, Electrical Department", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25111. 71903 - Moved by Roehr, seconded by Wilharm that coumunication from City Engineer, transmitting request from Miller Fence Company for a haul route from Louise Street to Stage IIIB, Waterloo Flood Control, and recommending haul route as shown on attached diagram subject to the provisions of his letter for approximately two months, be received, placed on file, recommendations approved and approved in accordance therewith. Motion carried. 71904 - Moved by Getty, seconded by Geiger that the following requests for permission to attend functions, with expenses allowed not to exceed amounts shown, be received, placed on file and approved: City Clerk and Deputy, and City Treasurer to Accrual Accounting guidelines program, Amana, Iowa, May 5, 1977, $52.50; Three Fire Department Personnel to Triage in Trauma V, Waterloo, Iowa, May 6, 7 and 8, 1977, $135.00. Ayes: Seven. Motion carried. 71905 - Moved by Geiger, seconded by Dowie that communication from Police Chief, submitting for Council approval the following promotions in the Police Department, effective May 6, 1977, be received, placed on file and approved: May 2, 1977 - 4 71905 - (Continued) To Lieutenant Robert J. Greenlee To Sergeant Richard C. Steveson Motion carried. 71906 - Moved by Getty, seconded by Roehr that the following applications and bonds for Auto Salvage Yard Licenses,be received, placed on file, ap- proved and granted subject to requirements of the ordinance governing same: Richard Beenken and Larry Weekley dba B & L Auto Salvage, 953 Fulton Street Victor H. Fuller, 2113 Mitchell Avenue Chase Auto Parts Co., Inc., 1117 Sheffield Avenue (Main Yard) Chase Auto Parts Co., Inc., 1117 Sheffield Avenue (Scrap Yard) Rethmeier & Sharar dba Rethmeier Salvage, Short and Franklin Streets Wilbur Auto Body & Sales, Inc., 2220 Easton Avenue Motion carried. 71907 - Moved by Roehr, seconded by Wilharm that the application and bond of Nathan Lipkin dba Commercial Auto, 1330 Commercial Street, for an Auto Salvage Yard License, be received, placed on file and ap- proved subject to fence being repaired by 6/1/77 and to requirements of the ordinance governing same. Motion carried. 71908 - Moved by Getty, seconded by Roehr that the application and bond of Jerry G. Weekley dba J & L Auto Salvage, 1003 Winona Street, for an Auto Salvage Yard License, be received, placed on file and action deferred until May 9, 1977. Motion carried. 71909 - Moved by Getty, seconded by Lichty that the application and bond of Harry Petersen Jr., dba Petersen Auto Wrecking, 1860 Lark Lane, for Auto Salvage Yard License, be received, placed on file, approved and granted subject to requirements of the ordinance governing same. Motion carried. 71910 - Moved by Lichty, seconded by Roehr that the following applications and bonds for renewal of Junk Dealer License, be received, placed on file, approved and granted, subject to requirements of ordinance governing same: B. Schultz Co., 827 Commercial Street Victor H. Fuller, 2113 Mitchell Avenue Motion carried. 71911 - Plan and Program Director Franke reported Midwest Paper & Metals, 2724 Lafayette Street, had been notified to clean up their place and to pick up all the paper outside of the fence. Jerry Ersland, 2733 Lafayette Street, stated the owner of the junk yard was again failing to take care of the place and was letting it run down. Mayor Rooff stated no report had come to him and that he should have been notified. A discussion followed. Moved by Bowers, seconded by Roehr that the application and bond for renewal of Junk Dealer License from Midwest Paper & Metals, 2724 Lafayette Street, be received, placed on file and action deferred until May 9, 1977. Motion carried. May 2, 1977 - 5 - 71912 - Moved by Roehr, 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 Stuart Gee dba Mandarin Cafe, 510-512 Mulberry Street Beer and Liquor Licenses - Class A Amvets Home, Inc. 32 Lafayette Street El Mecca Shrine Club, Inc., 716 Commercial Street Beer and Liquor Licenses - Class C Criterion Catering Service Inc., dba Bud's Hat Trick Lounge 425 Washington Street Zilch, Ltd. dba Corner Tap, 108 Jefferson Street Thunderbird Tap of Waterloo, Ltd. dba Thunderbird Tap, 715 Ansborough Avenue Sunday Sales - Beer Permit Class B Stuart Gee dba Mandarin Cafe, 510 Mulberry Street Sunday Sales - Beer and Liquor Licenses - Class A El Mecca Shrine Club, Inc., 716 Commercial Street Motion carried. 71913 - Moved by Bowers, seconded by Getty that the application of Jerry E. Shaw dba Park Road Inn for permission to sell cigarettes at 306 Park Road, be received, placed on file and granted. Motion carried. 71914 - Moved by Geiger, seconded by Bowers that the following applications for a dance license, be received, placed on file and granted: Zilch Ltd. dba Corner Tap, 108 Jefferson Street E. Paul Nuss dba Inn Touch Lounge, 1445 Sycamore Street Motion carried. 71915 - Moved by Roehr, seconded by Lichty that the application of John Richard Hills, 302 East Seerley Blvd., Cedar Falls, for renewal taxicab driver's license for Year of 5/1/77-78, together with ap- proval of Police Department, be received, placed on file and granted. Motion carried. 71916 - Moved by Geiger, seconded by Bowers that report of City Attorney and list of bonds filed with Clerk through 5/2/77, be received, placed on file and report and bonds approved. Motion carried. 71917 - Moved by Bowers, seconded by Lichty that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk May 2, 1977