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HomeMy WebLinkAbout01/24/1977January 24, 1977 The Council of City of Waterloo, Iowa, met in Regular Session in Council Chambers in City Hall at 7:00 P.M. on January 24, 1977. Mayor Rooff in the Chair. On roll call, Present: Bowers, Dowie, Geiger, Getty, Lichty, Roehr and Wilharm. Absent: None. Invocation by Councilman Getty. 71308 - Moved by Dowie, seconded by Roehr that the Agenda, as amended, for the Regular Session of January 24, 1977 at 7:00 P.M., be accepted and approved. Motion carried. 71309 - Moved by Roehr, seconded by Bowers that the Minutes of the Regular Session held January 17, 1977 at 7:00 P.M., be approved. Motion carried. 71310 - Moved by Roehr, seconded by Wilharm that communication from Community Development Administrator, transmitting proposed resolution for ap- plication for Block Grant Funds to HUD, and recommending approval, be received, placed on file and "Resolution approving the submission of an application to the Department of Housing and Urban Development for federal assistance under Title I of the Housing and Community Development Act of 1974", adopted. In response to a large group of concerned citizens, Mayor Rooff reported on the allocation of $1,182,000 Third Program Block Grant Funds as follows: (1) (2) (3) (4) (5) (6) (7) (8) Paving $265,500 City View Park Development $14,000 Sidewalks $30,000 Maywood Water $160,000 Tree Planting $5,000 Hawthorne Storm Sewer $20,000 Dangerous Building Demolition $20,000 Code Enforcement $5,000 (9) Housing Rehabilita- tion $225,500 (10) Emergency Repairs - Rehab $17,000 (11) Planning Develop- ment $20,000 (12) Special Projects for Handicapped and El- derly $10,000 (13) Completion of Urban Renewal Project $236,400 (14) Disposition of real property $13,000 (15) Administrative Costs $98,000 (16) Contingencies $42,600 He stated the Maywood Water Project would also receive money from unspent block grant funds and assistance from Waterloo Water Works, that for those who need water and will make a committment to use water, the City would get water to them this year; also, that the Jesse Cosby Center would receive $2,000 from the Special Projects for Handicapped and Elderly allocation provided it was eligible. Lyle( Taylor, Terry Culpepper, Martin Culpepper questioned the adequacy of the Maywood Water allocation and Mayor Rooff said $1,182,000 did not go far enough to cure all the City's problems but stressed that the people in Maywood who need water and will make a committment to use the water, will get water running to the property and not to the house, but money would not be spent on the blocks with no committment. On the paving allocation, the Mayor said the staff was reviewing petitions, etc. and would make a recommendation in the next six weeks, but tonight all the Council was doing was allocating funds to the above areas and after the federal government approves the funds then the City would decide where specifically to use the funds. Betty Hruska and Betty Weber, 700 block Colorado Street, were told their street was in the 1976-1977 fiscal program and the contract would be let this year. Ida Tillman, 328 Anthony Street, inquired about the west end of her street, and this also was to be let this year. Agnes Robertson, 1030 Roosevelt Street, asked the citizens to trust the City Council to get the water in. Moved by Roehr, seconded by Dowie that the previous question be voted on. Motion carried. There was further discussion and then Mayor Rooff called for the roll call, and the vote was: Ayes: Seven. Resolution adopted and upon approval of Mayor, assigned No. 24940. - 2 - 71311 The Housing Rehabilitation moratorium was brought up, Mayor Rooff reported that John Balaun, the federal investigator, said it ap- peared there was no substance to the allegation of wrongdoing by employees of Community Development Department, and that when he receives the HUD report he would lift the moratorium. Della Roberts, 1007 Beech Street, angrily confronted the Mayor, stating she wanted to see Bill Cook and his partner in court, and the Mayor. Peg Thomas stated we want Bill Cook and his companion suspended. Mayor Rooff said unless someone was indicted, there would be no suspension, as the Department could get a clean bill. Moved by Getty, seconded by Lichty that the Council support the moratorium. Motion carried. Mayor Rooff said he would lift the moratorium when he received the HUD report. 71312 - Moved by Dowie, seconded by Bowers that proof of publication of Notice of Proposal to Dispose of Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9, Auditor Rainbow's Plat of Maywood Second Filing, at intersection of Ann and Creston Streets in Maywood Addition, as published in Waterloo Courier on 1/13/77, to the highest bidder plus costs, be received and placed on file. Motion carried. 71313 - The Mayor called for oral and written objections, and there were none. Moved by Bowers, with deposits in to open same and R. R. Eilers $1, seconded by Roehr that the following bids, together full, be received, placed on file, Clerk instructed referred to Plan and Program Commission: Dwayne 800. Motion carried. 71314 - Moved by Bowers, seconded. by Geiger that proof of publication of notice of public hearing to sell Disposal Parcel No. H-6 in Westfield - Virden Urban Renewal Area, Project No. Iowa R-7, 208 Jefferson Street, as published in Waterloo Courier on 12/23/76, to Henry Zander, be received and placed on file. Motion carried. 71315 - The Mayor called for oral and written objections, and there were none. Moved by Bowers, seconded by Geiger that "A resolution approving the sale of Disposal Parcel No. H-6 in the Westfield -Virden Urban Renew- al 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: Seven. Resolution adopted and upon ap- proval by Mayor, assigned No. 24941. 71316 - Moved by Roehr, seconded by Lichty that proof of publication of notice of public hearing on proposal to vacate an easement in Tract "A" of Bronson's Addition, as published in Waterloo Courier on 1/6/77, requested by City Engineer, be received and placed on file. Motion carried. 71317 - The Mayor called for written and oral objections, and there were none. Moved by Wilharm, seconded by Geiger that "An Ordinance vacating an easement in Tract "A" of Bronson's Addition.', be received, placed on file, considered and passed for the first time. Ayes: Seven. Mo- tion carried. 71318 - Moved by Roehr, seconded by Lichty that the rules requiring ordin- ances 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. 71319 - Moved by Wilharm, seconded by Lichty that "An Ordinance vacating an easement in Tract "A" of Bronson's Addition", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2861. January 24, 1977 - 3 - 71320 - Moved by Wilharm, seconded by Dowie that proof of publication of notice of public hearing on revised site development plan for Prairie Meadow West located East of Ansborough Avenue and North of Iowa High- way No. 412, on application of Country Manor, Inc., upon Plan and Program Commission's recommendation and Council's own motion, as pub- lished in Waterloo Courier on 1/6/77, be received and placed on file. Motion carried. 71321 - The Mayor called for oral and written objections and there were none. Moved by Dowie, seconded by Getty that "Resolution approving revised site development plan for Prairie Meadow West", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24941A. 71322 - Moved by Roehr, seconded by Bowers that proof of publication of notice of public hearing on re -zoning, upon request of Fred Debe for Westgate Villa, Inc., upon recommendation of City Zoning Com- mission, and Council's own motion, to rezone from "A-1" Agricultural District to "R-2" One and Two Family Residence District the N2 of SE4 of NE4 Section 11 -89N -13W, about 20 acres on west side of Logan Avenue about 1/3 mile South of Airline Hiway, as published in Water- loo Courier on 1/6/77, be received and placed on file. Motion carried. 71323 - The Mayor called for oral and written objections and there were none. Moved by Bowers, seconded by Lichty that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 109 to Section 2A-5, rezoning certain property", be received, placed on file, con- sidered and passed for the first time. Ayes: Seven. Motion carried. 71324 - Moved by Lichty, seconded by Getty that the rules requiring ordin- ances 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. 71325 - Moved by Bowers, seconded by Getty that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 109 to Section 2A-5, rezoning certain property", be adopted. Ayes: Seven. Ordin- ance adopted and upon approval by Mayor, assigned No. 2862 in ordin- ance book. 71326 - Councilman Bowers stated he has received many complaints about dogs and submitted that the Council study Chapter 7 Section 29 relating to kennels. He asked the City Attorney to review kennel inspection, how close to buildings, etc. and suggested raising the dog license fee, possibility of kennel fee, etc. Moved by Bowers, seconded by Wilharm that the above report be received, placed on file and the City Attorney instructed to proceed according- ly with a report back to the Council on February 14, 1977. Motion carried. 71327 - Ida Tillman reported junk cars were still on Anthony Street and she was informed citations had been issued and the Sanitation Director would check into having the cars towed out. 71328 - Mayor Rooff reported the animal control ordinance may have to be amended as not all animals were covered. Mrs. George Berdell, 252 Jackson Street, reported a mule in the area was chasing and biting the children. The Animal Control Department was instructed to check into this. 71329 - Dorothy Perkins reported a house on Oneida Street needed to be de- molished. 71330 - Moved by Dowie, seconded by Lichty that request of Wendell Lockard Construction Company for vacation, sale and conveyance of all East- West alley located between Ida Street and Courier Street, subject to the retention of a utility easement, to said firm for $80.00 plus costs and The Culligan Soft Water Service for $160.00 plus costs, and January 24, 1977 - 4 71330 - (Continued) Plan and Program Commission's recommendation for approval, be received, placed on file and "Resolution fixing the time and place of hearing as February 7, 1977 on proposal to vacate, sell and convey certain real property to Wendell Lockard Construction Company and The Culli- gan Soft Water Service", adopted and Clerk instructed to publish no- tice of hearing. Ayes: Seven. Resolution adopted and upon approv- al by Mayor, assigned No. 24942. 71331 - Moved by Roehr, seconded by Lichty that communication from City At- torney, reporting a settlement has been negotiated with Clarissa Howard and Vi -Vim, Inc., owners of real property in SW% SEw, Section 31-89-13, on West Ridgeway Avenue, whereby the City will be allowed to remove necessary borrow and fill at no cost to the City and will not be responsible for placing back or spreading any top soil, trans- mitting a copy of the proposed stipulation to be filed with the Court, and requesting authorization to enter into this on behalf of the City and file same with the Court, be received, placed on file, and ap- proved. Motion carried. 71332 - Moved by Dowie, seconded by Bowers that minutes of Community Develop- ment Board for their regular meeting held December 7, 1976, be re- ceived and placed on file. Motion carried. 71333 - Under Council Action #71284 of 1/17/77 action on the Class C Beer and Liquor and Sunday Sales License applications of Billiards Pocket Lounge, Inc. dba Corner Pocket Billiard Lounge, 3295 University Avenue, was deferred for one week. City Attorney Smith reported the Attorney General's Office does not respond and that Office has the obligation of filing the transcript and certain documents with Black Hawk County District Court. Moved by Roehr, seconded by Bowers that action on the above Class C Beer and Liquor and Sunday Sales License applications of Billiards Pocket Lounge, Inc. dba Corner Pocket Billiard Lounge, 3295 University Avenue, be further deferred for thirty days and City attorney instruct- ed to proceed with summary judgement or default judgement proceed- ings immediately. Ayes: Bowers, Dowie, Geiger, Roehr, Wilharm. Nays: Getty and Lichty. Motion carried. 71334 - Moved by Bowers, seconded by Lichty that construction plans for sanitary sewerage, storm sewer, and paving facilities serving Bond's Addition, together with Treatment Agreement Form C 9/75 for Depart- ment of Environmental Quality, and City Engineer's recommendation for approval with final acceptance of plans to be subject to review and acceptance by said Department, be received, placed on file, reco- uuuendations approved and Mayor and Clerk authorized to execute said Agreement Form C, 9/75. Motion carried. 71335 - Moved by Dowie, seconded by Roehr that construction plans for sani- tary sewerage facilities serving Cloverdale Acres Replat No. 1, to- gether with Treatment Agreement Form C 9/75 for Department of Envir- onmental Quality, and City Engineer's recommendation for approval with final acceptance of plans to be subject to review and acceptance by said Department, be received, placed on file, recommendations ap- proved and Mayor and Clerk authorized to execute said Agreement Form C, 9/75. Motion carried. 71336 - Moved by Lichty, seconded by Wilharm that communication from Commu- nity Development Administrator, transmitting a Grant Offer approved by Economic Development Administration of the U. S. Department of Commerce in the amount of $462,000 for reconstruction and renovation West Side Parking Ramp, and recommending approval and acceptance, be received, placed on file and "Resolution approving and providing for the execution of offer of grant for Project No. 05-51-00255 by and between the City of Waterloo, Iowa, and the U. S. Department of Commerce", adopted. Ayes: Seven. Resolution adopted and upon ap- proval by Mayor, assigned No. 24943. - 5 - 71337 - Councilman Getty thanked the Citizens Advisory Committee for their work and recommendations on the budget askings and the rest of the Council concurred. 71338 - The Plan and Program Director reported the offer of Dwayne R. R. Eilers in the amount of $1800.00 for Lots 1, 2, 3, 4, 5,6, 7, 8 and 9, Auditor Rainbow's Plat of Maywood Second Filing was 3.680 per square foot, 50 per square foot was the minimum for alleys, and recomdiended the Council make the determination if this was acceptable. Water Works General Manager Craft recommended this be accepted as this was in excess of what his Board paid. Moved by Wilharm, seconded by Getty that the above recommendations be received, placed on file and "Resolution accepting the bid of Dwayne R. R. Eilers, Waterloo, Iowa, in the total amount of $1800.00 approving and authorizing the sale and conveyance of Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9, Auditor Rainbow's Plat of Maywood Second Filing, as published in Waterloo Courier on 1/13/77, and directing and au- thorizing the Mayor and Clerk to execute and deliver a deed for said property", adopted. Ayes: Seven. Resolution adopted and upon ap- proval by Mayor, assigned No. 24944. 71339 - Heating Inspector Boesen reported the increase in permit fee would be approximately $2.00 per permit. Moved by Bowers, seconded by Dowie that communication from Heating Board, transmitting proposed "An Ordinance repealing Section 400 of Ordinance No. 1971, as amended, in its entirety and enacting in lieu thereof a new Section 400 covering Schedule of Permit Fees", and recommending approval, be received, placed on file, and said Ordinance considered and passed for the first time. Ayes: Seven. Motion carried. 71340 - Moved by Wilharm, seconded by Bowers that the rules requiring ordin- ances 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. 71341 - Moved by Bowers, seconded by Lichty that "An Ordinance repealing Section 400 of Ordinance No. 1971, as amended, in its entirety and enacting in lieu thereof a new Section covering Schedule of Permit Fees", be adopted. Ayes: Seven. Ordinance adopted and upon ap- proval by Mayor, assigned No. 2863. 71342 - Moved by Wilharm, seconded by Bowers that statement from Victor N. Kennedy, Attorney, for overtime services, be received, placed on file and "Resolution accepting and approving the statement dated 1/14/77 from Victor N. Kennedy, Attorney, for overtime services in connection with 1977-1978 labor negotiations, and authorizing!.payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24945. 71343 - Moved by Getty, seconded by Wilharm that "Resolution, Bills", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24946. 71344 - Moved by Roehr, seconded by Bowers that communication from City Engineer, reporting retirement of Marlowe Cunningham as of 1/21/77 and entitlement to 5162 hours sick leave, two weeks vacation and birthday pay, be received, placed on file and "Resolution approving payment of $2,938.42 sick leave, vacation and birthday pay to Marlowe Cunningham, Retiree of Engineering Department", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24947. 71345 - Moved by Roehr, seconded by Lichty that communication from Plan and Program Commission, transmitting request of City Engineer for approval of names for various private streets and one public street within the City of Waterloo, as described in attached Exhibit "A", and recom- mending approval, be received, placed on file, approved and City At- torney instructed to submit an ordinance accordingly. Motion carried. January 24, 1977 - 6 - 71346 - Moved by Dowie, seconded by Geiger that Delinquent Weed Certification List, together with cost for the destruction of weeds, vines, bushes, etc. be received, placed on file and "Resolution fixing the time and place for hearing on proposed assessments for cutting and destruction of weeds for the calendar year 1976", adopted, with date of hearing set as February 14 , 1977. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24948. 71347 - Moved by Geiger, seconded by Lichty that coumiunication from Waterloo Recreation Commission, reporting retirement of Marguerite Boyd as of 1/31/77 after 15 years of service and entitlement of 60 days sick leave and 15 days vacation pay, be received, placed on file and "Resolution approving payment of $2,310 sick leave and vacation pay to Marguerite Boyd, Retiree of Waterloo Recreation Department", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24949. 71348 - 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 Applications - Class C Arthur P. Sorge dba Kwik -Shop #2521, 352 Fletcher Avenue Osco Drug, Inc. 113 Crossroads Center, 2060 Crossroads Blvd. Hy -Vee Food Store, 2332 Crossroads Blvd. Beer & Liquor License Applications - Class B Ramada Inn, W. 1st & Washington Streets Class C Arvide W. Irish & Dennis D. Haley dba Shamrock Tap, 737 Logan Avenue Security House, Inc. of Amalgamated Local 838, UAW, 515 Rainbow Drive Sunday Sales - Beer & Liquor License Application Class B Ramada Inn, W. 1st Street & Washington Street Motion carried. 71349 - Moved by Wilharm, seconded by Geiger that report of City Attorney and list of bonds filed with Clerk through 1/24/77, be received, placed on file and report and bonds approved. Motion carried. 71350 - Moved by Geiger, seconded by Lichty that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk January 24, 1977