HomeMy WebLinkAbout04/18/1977April 18, 1977
The Council of City of Waterloo, Iowa, met in Regular Session in Council
Chambers in City Hall at 7:00 P.M., on April 18, 1977. Mayor Rooff in the
Chair. On roll call, Present: Bowers, Dowie, Geiger, Getty, Lichty, Roehr,
Wilharm. Absent: None. Invocation by Councilman Wilharm.
71778 - Moved by Dowie, seconded by Bowers that the Agenda, as amended, for
the Regular Session of April 18, 1977 at 7:00 P.M., be accepted and
approved. Motion carried.
71779 Moved by Roehr, seconded by Wilharm that the Minutes of the Regular
Session held April 11, 1977 at 7:00 P.M., be approved. Motion carried.
71780 - Moved by Dowie, seconded by Getty that proof of publication of notice
of public hearing on re -zoning, upon request of William Robinson,
Engineer for Heritage Homes, Inc., upon recommendation of City Zoning
Commission, and Council's own motion, to rezone from "A-1" Agricul-
tural District to "R-4" Multiple Residence District a part of Section
29 -89N -13W, on south side of Sager Avenue between South Hackett Road
and Progress Avenue, as published in Waterloo Courier on 3/31/77, be
received and placed on file. Motion carried.
71781 - The Mayor announced the time for hearing had arrived, called for oral
and written objections and there were none.
Moved by Getty, seconded by Dowie that "An Ordinance amending Ordinance
No. 2479, as amended, by adding Sub -Section No. 112 to Section 2A-5,
rezoning certain property", be received, placed on file, considered
and passed for the first time. Ayes: Seven. Motion carried.
71782 - Moved by Getty, seconded by Lichty that proof of publication of notice
of public hearing on re -zoning, upon request of Wendell Lockard, upon
recommendation of City Zoning Commission, and Council's own motion,
to rezone from "R-3" Multiple Residence District to "R-4" Multiple
Residence District All of Tract "A" in Noble -Hadley Second Addition,
known as Lockhaven Addition located NWly of Black Hawk Road and South
of Downing Avenue, as published in Waterloo Courier on 3/31/77, be
received and placed on file. Motion carried.
71783 - The Mayor announced the time had arrived for hearing and called for
oral and written objections.
Bruce Wadlow, 710 Black Hawk Road, presented a petition, signed by
96/0 of area property owners, objecting due to property never posted,
limited access exits, increased sewerage on Black Hawk Road, proper-
ties surveyed without owner's knowledge. Tom Reardon, 427 Downing
Avenue, supported the petition, citing traffic congestion, 84 addition-
al units causing higher population density, property devaluation.
Moved by Roehr, seconded by Lichty that the above objections be re-
ceived and placed on file. Motion carried.
71784 - John Beekman, atty. for Wendell Lockard, stated the tax base would
increase neighborhood improved, etc. Mary Dunfee, Lyle and Harriet
Parkhouse, and others, questioned types and concentration of businesses;
councilman Roehr stated land unsuitable, sewer problem, spot zoning,
can't down zone so shouldn't increase value for developer. Discus-
sion followed.
Moved by Roehr, seconded by Wilharm that the request of Wendell Lock-
ard for rezone from "R-3" Multiple Residence District to "R-4" Multi-
ple Residence District All of Tract "A" in Noble -Hadley Second Ad-
dition, known as Lockhaven Addition, be denied. Ayes: Geiger, Roehr,
Wilharm. Nays: Bowers, Dowie, Getty, Lichty. Motion not carried.
71785 - Moved by Getty, seconded by Bowers that the objections be overruled
and "An Ordinance amending Ordinance No. 2479, as amended, by adding
Sub -Section No. 113 to Section 2A-5, rezoning certain property", be
received, placed on file, considered and passed for the first time,
and the objections overruled. Ayes: Bowers, Dowie, Getty, Lichty.
Nays: Geiger, Roehr, Wilharm. Motion carried.
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71786 - Moved by Roehr, seconded by Getty that proof -of publication of notice
of public hearing on re -zoning, upon request of Max Guernsey for Can-
field Development Company, upon recommendation of City Zoning Com-
mission, and Council's own motion, to rezone from "R-3" Multiple Res-
idence District to "M-1" Light Industrial District a part of Section
10 -89N -13W, located East of Wagner Road and South of U. S. Highway
#20, as published in Waterloo Courier on 3/31/77, be received and
placed on file. Motion carried.
71787 - The Mayor announced the time had arrived for hearing, called for
oral and written objections, and there were none.
Moved by Dowie, seconded by Getty 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 first time. Ayes: Seven. Motion carried.
71788 - Moved by Bowers, seconded by Getty that proof of publication of
notice of public hearing on re -zoning, upon request of Arlin Company,
Inc., upon recommendation of City Zoning Commission, and Council's
own motion, to rezone from "R-3" Multiple Residence District to
"R-4" Multiple Residence District a part of Lot 47, Meadowdale
Second Filing and part of Lot 45, Auditor's Plat of Part of Meadow -
dale, as published in Waterloo Courier on 3/31/77, be received and
placed on file. Motion carried.
71789 The Mayor announced the time had arrived for hearing, called for oral
and written objections, and there were none.
Moved by Getty, seconded by Lichty that "An Ordinance amending Ordin-
ance No. 2479, as amended, by adding Sub -Section No. 115, to Section
2A-5, rezoning certain property", be received, placed on file, con-
sidered and passed for the first time. Ayes: Seven. Motion carried.
71790 Moved by Roehr, seconded by Dowie that proof of publication of notice
of public hearing on rezoning, upon request of Community Development
Board, upon recommendation of City Zoning Commission, and Council's
own motion, to rezone from "R-3" Multiple Residence District to "C-2"
Commercial District a part of Lots 21 and 22, parts of Lot 23, parts
of Lot 2 and 3, all in Auditor Rainbow's Replat, located NEly of
Franklin Street and NWly of East Mullan Avenue, as published in Water-
loo Courier on 3/31/77, be received and placed on file. Motion car-
ried.
71791 - The Mayor announced the time had arrived for hearing, called for oral
and writtenobjections, and there were none.
Moved by Bowers, seconded by Getty that "An Ordinance amending Ordin-
ance No. 2479, as amended, by adding Sub -Section No. 116 to Section
2A-5, rezoning certain property", be received, placed on file, con-
sidered and passed for the first time. Ayes: Seven. Motion carried.
71792 - Moved by Getty, seconded by Bowers that the rules requiring ordinances
to be received, placed on file, considered and voted on 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: Bowers, Dowie, Geiger, Getty, Lichty,
Roehr. Nay: Wilharm. Motion carried.
71793 - Moved by Bowers, seconded by Getty that "An Ordinance amending Ordin-
ance No. 2479, as amended, by adding Sub -Section No. 116 to Section
2A-5, rezoning certain property", be adopted. Ayes: Bowers, Dowie,
Geiger, Getty, Lichty, Roehr. Nay: Wilharm. Ordinance adopted and
upon approval by Mayor, assigned No. 2877.
71794 - Moved by Dowie, seconded by Getty that proof of publication of notice
of public hearing on revised site development plan for Southland Park
located East of Highway No. 63 and North of West Shaulis Road on the
application of Southland Park, Inc., upon Plan and Program Commission's
recommendation and Council's own motion, as published in Waterloo
Courier on 3/31/77, be received and placed on file. Motion carried.
71795 - The Mayor announced the time had arrived for hearing, called for oral
and written objections, and there were none.
April 18, 1977
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71795 - (Continued)
Moved by Dowie, seconded by Getty that "Resolution approving revised
site development plan for Southland Park", be adopted. Ayes: Bowers,
Dowie, Geiger, Getty, Roehr, Wilharm. Nay: Lichty. Resolution
adopted and upon approval by Mayor, assigned No. 25087.
71796 - Gustav Hanuske, 312 Reber Street, reported a dog barking nuisance and
was referred to City Attorney.
71797 - Councilman Bowers stated the CCI's were going to do clean up work in
3rd and 4th wards. Mayor Rooff reported Saturday, April 23rd through
following Friday would be pick up week and items left in front of
houses, vacant lots, etc. would be picked up.
Mrs. Agnes Robertson reported burning of junk was taking place in
Maywood.
71798 Moved by Roehr, seconded by Lichty that request of Dr. Thomas Karlow-
ski for vacation, sale and conveyance of a portion of the East-West
alley lying adjacent to and North of Lot 197, Prospect Place, legally
described on attached Exhibit "A", 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 Plan and Program Commission's recom-
mendation for approval, be received, placed on file and "Resolution
fixing the time and place of hearing as May 2, 1977 on proposal to
vacate, sell and convey certain real property to Delbert and Donna
Arbuckle, Thomas R. and Diana M. Karlowski and Marvin F. Piburn, Jr.",
adopted and Clerk instructed to publish notice of hearing. Ayes:
Seven. Resolution adopted and upon approval by Mayor, assigned No.
25088.
71799 Moved by Dowie, seconded by Lichty that request from Don Gardner
Construction Company for permission to construct two 22' commercial
curb cuts at 3346 Kimball Avenue to serve Waterloo Psychiatric Clinic,
and City Engineer's recommendation for approval subject to the provis-
ions of his letter, be received, placed on file, recommendations ap-
proved and permission granted in accordance therewith. Motion carried.
71800 Moved by Roehr, seconded by Getty that the offer of CCC Quality Clean-
ing and Supply to purchase Disposal Parcel No. H -9(P), 317 West First
Street, in Westfield -Virden Urban Renewal Area, Project No. Iowa R-7,
for the sum of $19,100, for retail sales purposes, and approval re-
port of Community Development Board, be received, placed on file,
A resolution authorizing the sale of Disposal Parcel No. H -9(P) in
the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7", adopt-
ed and hearing set for May 23, 1977 at 7:00 P.M. in Council Chambers
in City Hall. Ayes: Seven. Resolution adopted and upon approval
by Mayor, assigned No. 25089.
71801 - Moved by Geiger, seconded by Getty that request from Iran Niedert
for permission to construct a temporary concrete driveway at 1220
Midland Street, without regard to sidewalk grade, together with $3.00
for recording waiver, and City Engineer's recommendation for approval
subject to the provisions of his letter, be received, placed on file,
approved and "Resolution granting permission to Iran Niedert and
authorizing construction of a temporary concrete driveway at 1220
Midland Street irrespective of a later official grade", adopted.
Ayes: Seven. Resolution adopted and upon approval by Mayor, assign-
ed No. 25090.
71802 - Moved by Roehr, seconded by Dowie that report of Waterloo Civil
Service Commission certifying the following three applicants as
eligible for appointment to the Waterloo Police Department, be received
and placed on file:
Bryan J. Birdnow
Patricia R. Miltenberger
Harvey N. Woody
Motion carried.
April 18, 1977
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71803 Moved by Dowie, seconded by Bowers that communication from City Engin-
eer, transmitting Certificates of Substantial Completion of general
contract work by John G. Miller Construction Company and electrical
contract work by Miller Electrical Contractors, Inc. for the
Addition to Waterloo Recreation and Arts Center, and recommending ap-
proval with April 1, 1977 established as the date of the substantial
completion of the work and subject to the conditions listed therein,
be received, placed on file, recommendations approved, and the Mayor
authorized and directed to execute same in behalf of the City of
Waterloo. Motion carried.
71804 Moved by Wilharm, seconded by Lichty that communication from City
Engineer, transmitting Contract and Bond for Contract No. 95, be re-
ceived, placed on file and "Resolution approving the Contract and
Bond of Hurst Excavating, Inc., Waterloo, Iowa, for the Huntington
Road Storm Sewer District Improvement Project, Contract No. 95",
adopted. Ayes: Seven. Resolution adopted and upon approval by
Mayor, assigned No. 25091.
71805 Moved by Roehr, seconded by Getty that "An Ordinance amending Chapter
33 of the Code of Ordinances, City of Waterloo, Iowa, relating to
streets and sidewalks establishing fees for the various permits re-
quired under said Chapter, by adding thereto new Subsections 33-10(e),
33-68(c), and 33-102(b)", be received, placed on file, considered
and the rules requiring ordinances to be voted on at two prior meet-
ings, be suspended, the above Ordinance recorded as having been con-
sidered and passed for the second and third times, and now placed
on its final adoption. Ayes: Seven. Motion carried.
71806 Moved by Wilharm, seconded by Roehr that "An Ordinance amending Chap-
ter 33 of the Code of Ordinances, City of Waterloo, Iowa, relating
to streets and sidewalks establishing fees for the various permits
required under said Chapter, by adding thereto new Subsections 33-10
(e), 33-68(c), and 33-102(b)", be adopted. Ayes: Seven. Ordinance
adopted and upon approval by Mayor, assigned No. 2878.
71807 - Moved by Wilharm, seconded by Roehr that "An Ordinance amending Ordin-
ance No. 2644, known as the Traffic Ordinance by adding thereto Sub-
section (81a) Ranchero Road under Section 541, increasing speed limits
in certain areas", be received, placed on file, considered and passed
for the first time. Ayes: Seven. Motion carried.
71808 - Moved by Roehr, seconded by Dowie that the rules requiring ordinances
to be received, placed on file, considered and voted on 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: Seven. Motion carried.
71809 - Moved by Bowers, seconded by Lichty that "An Ordinance amending Ordin-
ance No. 2644, known as the Traffic Ordinance by adding thereto Sub-
section (81a) Ranchero Road under Section 541, increasing speed limits
in certain areas", be adopted. Ayes: Seven. Ordinance adopted and
upon approval by Mayor, assigned No. 2879.
71810 Moved by Dowie, seconded by Bowers that the communication from the
Office of State Comptroller on review of FY77-78 Budget of City of
Waterloo, be received, placed on file, "Resolution approving that
the City of Waterloo, Iowa request a budget hearing by the State
Appeal Board for the 1978 Fiscal Year Budget", adopted and the Mayor
authorized and directed to execute said request, and same be forward-
ed to the State Appeal Board within limitation time. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 25092.
71811 Moved by Roehr, seconded by Getty that the following requests for
permission to attend functions, with expenses allowed not to exceed
amount shown, be received, placed on file,and approved: Plumbing
Inspector to Iowa Plumbing Inspector's Association Convention,
Fort Dodge, Iowa, May 19 and 20, 1977, $106.00 plus use of City car;
City Engineer to International Waste Equipment & Technology Exposit-
ion, New Orleans, Louisiana, May 17 thru 21, 1977, $700. Ayes:
Seven. Motion carried.
April 18, 1977
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71812 - Moved by Dowie, seconded by Geiger that request from Waterloo Down-
town Council, 229 West 5th Street, for permission to stage a fire-
works display at Paramount site between East Fourth and East Fifth
Streets on May 13, 1977 with alternate date of May 14, 1977 in case
of inclement weather, be received, placed on file and permission
granted. Motion carried.
71813 - 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 Class B
Cedarloo Raceway, Inc., 3717 University Avenue
Best Foods of Waterloo, Inc. dba Mr. Steak Restaurant,
2936 University Avenue
Beer and Liquor - Class C
Leon J. Richardson dba Buck Hill Tap, 704 Cleveland Street
Edwin A. Tennyson and Marian Tennyson dba Hillcrest Tap,
1933 Williston Avenue
Richard Erickson dba Picadilly Tap, 416 Jefferson Street
Sunday Sales - Beer -.Class B
Cedarloo Raceway, Inc., 3717 University Avenue
Sunday Sales - Beer and Liquor - Class C
Veterans of Foreign Wars, Post #1623, 612 Jefferson Street
Motion carried.
71814 - Councilman Roehr vigorously opposed approving the Beer -Liquor License
application of Corner Pocket Lounge. Robert Bergeson invited inspect-
ion of his weekly receipts report.
Moved by Getty, seconded by Dowie that the following applications for
Beer and Liquor Licenses, be received, placed on file, approved and
endorsed applications forwarded to the Iowa Beer and Liquor Control
Department:
Beer and Liquor - Class C
Billiards Pocket Lounge, Inc.
3295 University Avenue
Sunday Sales - Beer and Liquor - Class C
Billiards Pocket Lounge, Inc. dba Corner
3295 University Avenue
dba Corner Pocket Billiard Lounge,
Pocket Billiard Lounge,
Ayes: Bowers, Dowie, Geiger, Getty, Lichty, Wilharm. Nay:
Motion carried.
Roehr.
71815 - Mayor Rooff mentioned an objection petition had been previously filed
against the approval of a Beer and Liquor License in the Burton Ave-
nue area.
A discussion followed on building not yet constructed; State law pro-
viding City can regulate beer and liquor licensing but couldn't be
more restrictive than State law; congested traffic already in the
area, safety hazard for children, business gradually taking over the
area, etc.
Moved by Getty, seconded by Bowers that the application of Winfall,
Inc. dba The Recovery Room Lounge, 1722 Burton Avenue, for a Class
"C" Beer Liquor License, be received, placed on file and denied.
Ayes: Bowers, Dowie, Geiger, Getty, Lichty, Wilharm. Nay: Roehr.
Councilman Roehr stated he voted "No" as a precedent was set on
prior beer liquor license action. Motion carried.
71816 - Moved by Bowers, seconded by Lichty that application of Waterloo
Baseball, Inc., for permission to sell cigarettes at 850 Park Road,
be received, placed on file and granted. Motion carried.
71817 - Moved by Roehr, seconded by Geiger that the following applications
for a dance license, be received, placed on file and granted:
R.D.R. Motel, Inc. dba Twin Torch Inn, 300 West Mullan Avenue
C.C. Bud McRae dba Hat Trick Lounge, 425 Washington Street
Motion carried.
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71818 - Moved by Getty, seconded by Geiger that application and fee of Edna
L. Huntley, 153 Madison Street, for Massage Technician Permit, be
received, placed on file and granted subject to the requirements of
ordinance governing same. Motion carried.
71819 - Moved by Geiger, seconded by Lichty that application for 1977-1978
Scavenger License to expire 5/1/78 from Mar -Mac Service, Washburn,
Iowa, be received, placed on file and granted. Motion carried.
71820 - Moved by Geiger, seconded by Lichty that report of City Attorney
and list of bonds filed with Clerk through 4/18/77, be received, placed
on file and report and bonds approved. Motion carried.
71821 Moved by Dowie, seconded by Lichty that the Council adjourn. Motion
carried.
Katherine Gibbs,
City Clerk
April 18, 1977