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Home My WebLink About04/14/1969City Hall, Waterloo, Iowa REGULAR SESSION April 14, 1969 - 7:30 PeM, The City Council of the City of Waterloo, Iowa met in Regular Session in the Council Chambers of the City Hall in said City at 7:30 P,M. on April 14, 1969. Mayor Turner in the Chair, Present: Councilmen Cavanaugh, Cohea, Keller and Miller. Absent: Councilmen Dykeman and O'Connor, City Attorney, Ed Gallagher offered the Invocation, 56145 - Moved by Keller, seconded by Cohea that the Agenda, as proposed, for the Regular Session of April 14, 1969 at 7:30 P.M., be accepted and approved, Motion carried. 56146 - Moved by Cohea, seconded by Miller that the Minutes of the Regular Session held April 7, 1969.at 7:30 P.M. and the Minutes of the Board of Health held April 7, 1969 at 10:30 P,M0, be approved. Motion carried, 56147 - Moved by Miller, seconded by Cohea that: (1) the fourteen (14) requests for removal of names from the petition filed with the City Clerk on 3/21/69 objecting to the 1969 Paving Program #2, Contract No, 118, concerning Louise Street from Logan Avenue to Boston Avenue, supporting the paving but objecting to heavy truck traffic, and requesting written assurance if said street is paved, that the City of Waterloo will provide needed surfacing at no additional cost to accommodate the heavier traffic, (2) the communication from E. R. Buckles, 147 Kern Street, supporting said program in the 100 block of Kern Street, (3) petition of Earl Scott, 433 Oliver Street, et al, objecting to the paving of Oliver Street, (4) request of L. W. Bodenstein, 2602 Lafayette Street, for rescinding signature from petition objecting to paving of Wyoming Street, be received and placed on file, Motion carried. 56148 Under Council Action #56101 of April 7, 1969, the public hearing on the Resolution of Necessity for street improvements in Waterloo, Iowa, known as 1969 Paving Program #2, Contract No. 118, was adjourned to April 14, 1969 at 7:30 P.M, in the Council Chambers in the City Hall of Waterloo, Iowa, at which time and place, action was to be taken on the objections made, and on the adoption of the Resolution of Necessity, as proposed or as amended, and same were now presented for consideration. Moved by Miller, seconded by Keller that said hearing be, and the same is, hereby further adjourned to April 21, 1969 at 7:30 P.M. in the Council Chambers in. the City Hall of Waterloo, Iowa, at which time and place action will be taken on the objections and the adoptionof the Resolution of Necessity, as proposed or as amended. 2 56148 - (continued) On roll call, Cavanaugh, Cohea, Keller and Miller voted Aye, Nay: None. Absent: Dykeman and O'Connor. Mayor declared the motion carried® 56149 - Moved by Miller, seconded by Keller that the proof of publication of the notice of public hearing to vacate a portion of a utility ease- ment, being the west 3' of the east 8' except south 8' over Lot 1, in Evergreen Hill Addition, as fully described in the publication in the Waterloo Daily Courier on March 20 and 27, 1969, be received and placed on file° Motion carried. 56150 - The Mayor announced the time had arrived to hear objections, if any, and asked if any one present wished to be heard or make objections, or if any written objections had been filed with the Clerk. No one appeared to object orally, and the Clerk reported no written objections had been filed. Thereupon, it was moved by Keller, seconded by Cohea that an Ordinance be drawn and submitted vacating a portion of a utility easement, being the west 3' of the east 8' except south 8' over Lot 1, in Evergreen Hill Addition, as fully described in the published notice in the Waterloo Daily Courier on. March 20 and 27, 1969. Motion carried. 56151 - An Ordinance vacating a portion of a utility easement, being the west 3' of the east 8' except south 8' over Lot 1, in Evergreen Hill Addition, in the City of Waterloo, Iowa, was read by the Clerk. Moved by Cohea, seconded by Miller that the said Ordinance be recorded as having passed its first reading. On roll call, Cavanaugh, Cohea, Keller and Miller voted Aye. Nay: None. Absent: Dykeman and O'Connor. Mayor declared the motion carried. 56152 - Moved by Cavanaugh, seconded by Keller that the proof of publication of the "Notice of Public Hearing" on Proposal to enter into a lease agreement with Takin Bros. Freight Line, Inc. for the period of May 1, 1967 thru April 30, 1972, for the City owned Lot Nos. 5, 6, 33, 34 and Parts of Lot Nos, 7 and 32 in South Waterloo Addition, as fully described in the said notice published in the Waterloo Daily Courier on March 27, 1969, be received and placed on file. Motion carried. 56153 - The Mayor announced the time had arrived to hear objections, if any, and asked if anyone present wished to be heard or make objections, or if any written objections had been filed with the Clerk. No one appeared to object orally, and the Clerk reported there had been no writtenobjections placed on file. After public hearing and no objections having been made or filed, it was moved by Cohea, seconded by Miller that Resolution No. 19582, being a Resolution approving the Lease Agreement between the City of Waterloo, Iowa, first party, and Takin Bros. Freight Line, Inc,, Waterloo, Iowa, second party, and authorizing the Mayor and City Clerk to execute the 3 56153 (continued) same on behalf of the City of Waterloo, Iowa, be adopted° On roll call, Cavanaugh, Cohea, Keller and Miller voted Aye; Nay None. Absent: Dykeman and O'Connor. Mayor declared the resolution. adopted° 56154 Max Frank, 659 Maxwell Street, spoke to the Council re 1968 Hansen - Noble Storm Sewer District Project, Contract No. 71, that his grade has not been returned to the original form, and the corner markers of his lot were not replaced. 56155 - Moved by Keller, seconded by Cohea that the communication from the City Planning Commission, transmitting the request of Waterloo Corru- gated Box Company for the City Council on its own motion to rezone all of Lot 7, W 80' of Lot 8, all of Lots 9, 10, 11 and 12, Block 5, Rose- bud Addition and W 6 rods of S 24 rods of SWk of NE3 of SW's of 14 -88N - 13W except streets, from "R-2" One and Two Family Residence District to "M-1" Light Industrial District, as shown on the attached sketch, together with letter of support from Waterloo Industrial Development Association, and recommending approval, be received, placed on file and referred to the Board of Adjustment for action, Motion carried. 56156 Moved by Cavanaugh, seconded by Cohea that the communication from the Urban Renewal Administrator, submitting for Council consideration the offer of Edd Ho and Lois M. Campbell, husband and wife, to purchase Disposal Parcel No. 104-B in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, in the City of Waterloo, for the sum of $50000, together with Map, and reporting the Urban Renewal Board approved said disposal, be received, placed on file, Resolution No. 19583, authoriz- ing the sale of said Disposal Parcel No. 104-B, be adopted and date of hearing set as May 19, 1969 at 7:30 P.M. On roll call, Cavanaugh, Cohea, Keller and Miller voted Aye. Nay: None, Absent: Dykeman and O'Connor, Mayor declared the resolution adopted. 56157 Moved by Cohea, seconded by Miller that the communication from the Urban Renewal Administrator, submitting for Council consideration the offer of Delyle D. and Lana Blitsch, husband and wife, to purchase Disposal Parcel Noo 87 in the Westfield -Virden Urban Renewal Area, Project No Iowa R-7, in the City of Waterloo, for the sum of. $75000, together with Map, and reporting the Urban Renewal Board approved said disposal, be received, placed on file, Resolution Noe 19584, authorizing the sale of said Disposal Parcel No, 87, be adopted, and date of hearing set as May 19, 1969 at 7:30 P.M. On roll call, Cavanaugh, Cohea, Keller and Miller voted Aye. Nay: None., Absent: Dykeman and O'Connor, Mayor declared the resolution adopted. 56158 Moved by Miller, seconded by Keller that the communication from the Urban Renewal Administrator, submitting for Council consideration the offer of Russell L. and Valoise L. Pieters, husband and wife, to purchase Disposal Parcel Non 96-A in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, in the City of Waterloo, for the sum of $125n00, together with Map, and reporting the Urban Renewal Board approved said disposal, be received, placed on file, Resolution. Noo 19585, authorizing the sale of said Disposal Parcel No, 96-A, be adopted, and date of hearing set as May 19, 1969 at 7:30 P.M. 4 56158 - (continued) On roll call, Cavanaugh, Cohea, Keller and Miller voted Aye. Nay None, Absent: Dykeman and O'Connor. Mayor declared the resolution adopted. 56159 - Moved by Keller, seconded by Cavanaugh that the communication from the Urban Renewal Administrator, submitting for Council consideration the offer of Milen Da and Marthabess Lefler, husband and wife, to purchase Disposal Parcel No, 53-A in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, in the City of Waterloo, for the sum of $100.00, together with Map, and reporting the Urban Renewal Board approved said disposal, be received, placed on file, Resolution No, 19586, authorizing the sale of said Disposal Parcel No. 53-A, be adopted, and date of hearing set as May 19, 1969 at 7:30 P.M. On roll call, Cavanaugh, Cohea, Keller and Miller voted Aye. Nay: None, Absent: Dykeman and O'Connor. Mayor declared the resolution adopted. 56160 - Moved by Cohea, seconded by Miller that the communication from the Urban Renewal Administrator, submitting for Council consideration the offer of Brighton D. Rodgers Trust to purchase Disposal Parcel No. 117-A in the Westfield -Virden Urban Renewal Area, Project Noo Iowa R-7, in the City of Waterloo, for the sum of $75000, together with Map, and reporting the Urban Renewal Board approved said disposal, be received, placed on file, Resolution Noo 19587, authorizing the sale of said Disposal Parcel Noo 117-A, be adopted, and date of hearing set as May 19, 1969 at 7:30 P.M. On roll call, Cavanaugh, Cohea, Keller and Miller voted Aye. Nay: None. Absent: Dykeman and O'Connor. Mayor declared the resolution adopted, 56161 - Moved by Cavanaugh, seconded by Cohea that the communication from the Urban Renewal Administrator, submitting for Council consideration the offer of Gordon Co Herzog and Albert J. Herzog to purchase Disposal Parcel No. 88 in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, in the City of Waterloo, for the sum of $125000, together with Map, and reporting the Urban Renewal Board approved said disposal, be received, placed on file, Resolution No, 19588, authorizing the sale of said Disposal Parcel No. 88, be adopted, and date of hearing set as May 19, 1969 at 7:30 P.M. On roll call, Cavanaugh, Cohea, Keller and Miller voted Aye. Nay: None. Absent: Dykeman and O'Connor. Mayor declared the resolution adopted. 56162 - Moved by Cohea, seconded by Miller that the communication from the Urban Renewal Administrator, submitting for Council consideration the offer of Edward L. and Janece A. Mohler, husband and wife, to purchase Disposal Parcel Noo 48 in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, in the City of Waterloo, for the sum of $475.00. together with Map, and reporting the Urban Renewal Board approved said disposal, be received, placed on file, Resolution No. 19589, authorizing the sale of said Disposal Parcel No. 48, be adopted, and date of hearing set as May 19, 1969 at 7:30 P.M. On roll call, Cavanaugh, Cohea, Keller and Miller voted Aye. Nay: None. Absent: Dykeman and O'Connor. Mayor declared the resolution adopted. April 14, 1969 - 5 - 56163 - Moved by Keller, seconded by Miller that the communication from the Urban Renewal Administrator, submitting for Council consideration the offer of Myrtle R. Leask, an unremarried widow, to purchase Disposal Parcel No. 96 in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, in the City of Waterloo, for the sum of $50.00, together with Map, and reporting the Urban Renewal Board approved said disposal, be received, placed on file, Resolution Noo 19590, authorizing the sale of said Disposal Parcel No. 96, be adopted, and date of hearing set as May 19, 1969 at 7030 P.M. On roll call, Cavanaugh, Cohea, Keller and Miller voted Aye- Nay None. Absent: Dykeman and O'Connor. Mayor declared the resolution adopted. 56164 - Moved by Miller, seconded by Cohea that the communication from W. Louis Beecher, Atty. on behalf of Clarence H. Schukei, transmitting a plat showing a proposed service road on Highway #412 across from Crossroads Shopping Center, and requesting that the City of Waterloo request approval from the Iowa State Highway Commission for the construction of the access road according to the attached plans and, further, that upon receipt of such approval, the City will authorize Mr. Schukei to construct the improvement, be received, placed on file, approved and the City Engineer instructed to proceed accordingly. Motion carried, 56165 - Moved by Cohea, seconded by Miller that the communication from the City Engineer, transmitting the request from Northwestern Bell Telephone Company for permission to place conduit on Kimball Avenue and Ansborough Avenue, south of Ridgeway Avenue, as shown on the attached prints, and recommending approval subject to the provisions of his letter, be received, placed on file, recommendations approved and permission granted in accordance therewith. Motion carried. 56166 - Moved by Cohea, seconded by Miller that the communication from the City Engineer, transmitting the request from the Grace Lutheran Church for permission to construct a curb cut on West Seventh Street on Lot 1, Block 9, Leavitt, Johnson and Millers Addition, as shown on the attached print, and recommending approval subject to the pro- visions of his letter, concurred by the Police Department, be received, placed on file, recommendations approved and permission granted in accordance therewith and at no cost to the City. Motion carried. 56167 Moved by Keller, seconded by Cavanaugh that the following Monthly Reports of the various City Department Officials, be received, placed on file and referred to the respective committees: For Month of February, 1969 Clerk of Municipal Court Police Chief Supt. of Water Pollution Control Plant For Month of March, 1969 Police Chief Housing Inspector Dairy Inspector April 14, 1969 6 56167 - (continued) Building Official' for: Building Inspector Heating & Air Pollution Inspector Electrical Inspector Plumbing Inspector Motion carried. 56168 - Moved by Keller, seconded by Miller that the communication from the City Planning Commission, transmitting copies of the three elements of the Comprehensive Plan for the City of Waterloo scheduled for a Public Hearing by the said Commission on April 21, 1969, together with copy of Notice for said Hearing published in the Waterloo Daily Courier on April 10, 1969, be received and placed on file. Motion carried. 56169 Moved by Miller, seconded by Cohea that the Contract and Bond of Jo Lo Rooff, Jr., Excavating, for the Demolition of Old Buildings in the City of Waterloo, Iowa, known as Demolition Contract Noo B-6, be received, placed on file and Resolution No. 19591, approving said contract and bond, be adopted. On roll call, Cavanaugh, Cohea, Keller and Miller voted Aye. Nay: None. Absent: Dykeman and O'Connor. Mayor declared the resolution adopted. 56170 Moved by Cohea, seconded by Cavanaugh that the Warranty Deed dated 2/14/69 from R. William Merner, Assignee of the Earle Lo Brown Implement Co, Assignment for Benefit of Creditors, conveying unto the City of Waterloo Lots 4 and 5, Block 48, Original Plat on the West side of Cedar River, together with City Attorney's opinion, be received, placed on file and Resolution No. 19592, approving and accepting said Deed and directing the City Clerk to have same recorded, be adopted. On roll call, Cavanaugh, Cohea, Keller and Miller voted Aye. Nay: None, Absent: Dykeman and O'Connor. Mayor declared the resolution adopted. 56171 An Ordinance amending Ordinance No. 2479, as amended, by adding Sub - Section Noo 3 to Section 2A-5, rezoning certain property in the City of Waterloo, Iowa, was read by the Clerk. Moved by Miller, seconded by Cohea that said Ordinance be recorded as having passed its second reading (the first having passed under C.R. #56112 of 4/7/69). On roll call, Cavanaugh, Cohea, Keller and Miller voted Aye. Nay: None. Absent: Dykeman and O'Connor. Mayor declared the motion carried. 56172 - Moved by Miller, seconded by Cavanaugh that the communication from the City Engineer, transmitting Estimate #10 Report as prepared by Stenson and Warm, Inc., Architects and Engineers, Waterloo, Iowa, as to work performed and materials furnished by Jens Olesen & Sons Construction Company, Waterloo, Iowa, for the Headquarters Fire Station (General Contract) and recommending approval, be received, placed on file, and Resolution No. 19593, approving the report and authorizing payment accordingly, be adopted. April 14, 1969 7 56172 - (continued) On roll call, Cavanaugh, Cohea, Keller and Miller voted Aye. Nay: None, Absent: Dykeman and O'Connor. Mayor declared the resolution adopted. 56173 = Moved by Cavanaugh, seconded by Cohea that the Monthly Estimate ¥3 Report of the City Engineer, as to work, performed and materials fur- nished by Suburban Sewer and Water, Inc., Minneapolis, Minnesota, for the construction of the 1968 Sanitary Sewer Program No. 4, Highway #57 West Sanitary Sewer, Contract No, 166, and recommending approval, be received, placed on file, approved and Resolution No, 19594, approving the report and authorizing payment accordingly, be adopted. On roll call, Cavanaugh, Cohea, Keller and Miller voted Aye. Nay: None. Absent: Dykeman and O'Connor. Mayor declared the resolution adopted. 56174 Moved by Cohea, seconded by Miller that the communication from the City Engineer, transmitting Invoice Noo 1918-A of the Iowa State Highway Commission for paving of the intersections of Martin Road, Third Street, Ansborough Avenue and Fletcher Avenue with Highway No 63, for the sum of $12,563.87 and recommending approval, be received, placed on file and Resolution Noo 19595, approving the invoice and authorizing payment accordingly, be adopted. On roll call, Cavanaugh, Cohea, Keller and Miller voted Aye. Nay: None. Absent: Dykeman and O'Connor. Mayor declared the resolution adopted. 56175 Moved by Keller, seconded by Miller that Resolution No, 19596, BILLS, be adopted. On roll call, Cavanaugh, Cohea, Keller and Miller voted Aye. Nay: None. Absent: Dykeman and O'Connor. Mayor declared the resolution adopted. 56176 Moved by Miller, seconded by Cohea that the communication from Mayor Turner advising it is necessary the Urban Renewal Board have on file from the City Council a letter of intent to utilize properties pur- chased and being purchased in the proximity of the new Recreation Building, and the Council's concurrence in this matter will allow the Park Department and Recreation. Commission to proceed immediately with some landscaping and additional parking at the building, be received, placed on file, and approved. Motion carried. 56177 Moved by Miller, seconded by Cohea that the following requests for permission to attend the functions on the dates and at the locations designated with expenses allowed not to exceed the amounts shown, be received, placed on file, approved and permission granted: FROM City Treasurer City Clerk Deputy Clerk & Auditor Frank Avery April 14, 1969 ATTEND Municipal Finance Officers Spring Meeting Refresher Course Radar Technology LOCATION Des Moines, Iowa Decatur, Illinois DATES April 23 thru 25, 1969, in- clusive April 15 thru 18, 1969, in- clusive EXPENSE $51000 each 800 miles @ 10 8 56177 - (continued) On roll call, Cavanaugh, Cohea, Keller and Miller voted Aye. Nay None. Absent: Dykeman and O'Connor. Mayor declared the motion carried. 56178 - Moved by Miller, seconded by Cohea that the application, bond and fee of Mid -West Paper Stock Company for a junk dealer's license for the purpose of operating a junk yard at 2724 Lafayette Street, together with a petition of objection from Henry Aschbrenner, 2800 Lafayette Street, et al, be received, placed on file and license granted provided all requirements of Ordinance No. 1540 relative to operation of junk yards are complied with, and that City inspections are made at regular intervals. Motion carried. 56179 - Moved by Cohea, seconded by Keller that the following applications and bonds for permission to sell beer at the locations designated, be received, placed on file, the bonds approved, and Resolution No, 19597, approving said applications for certain beer permits in the City of Waterloo, Iowa, be adopted: CLASS "C" PERMITS Alfred W. Muether dba Muether's Super Valu, 710 Broadway John J. Robert dba Robert Drug Co., 621 Sycamore Street On roll call, Cavanaugh, Cohea, Keller and Miller voted Aye. Nay: None. Absent: Dykeman and O'Connor. Mayor declared the resolution adopted. 56180 - Under Council Action #56089 of 3/24/69, action was deferred pending further investigation on the application and bond of Robert Houston Bird dba Jake's Steak House and Lounge for a Class "B" Beer Permit to sell beer at 700 LaPorte Road, and was now presented for considera- tion. After due consideration, it was moved by Cavanaugh, seconded by Keller that said application and bond for permission to sell beer be approved subject to the favorable recommendations of the various inspectors, and Resolution No. 19598, approving said application for certain beer permit in the City of Waterloo, Iowa, be adopted. On roll call, Cavanaugh, Cohea, Keller and Miller voted Aye. Nay: None. Absent: Dykeman and O'Connor, Mayor declared the resolution adopted. 56181 - Moved by Keller, seconded by Cohea that the following application, bond, and fee for Liquor Permit at the location designated in the City of Waterloo, Iowa, be, and the same is hereby approved for the issuance of license, that the approval be endorsed on the application and forwarded to the Iowa Liquor Control Commission, duplicate copies of the application and insurance liability certificate be received, placed on file, and Resolution No. 19599 approving the application, be adopted; Class "C" Robert H. Bird dba Jake's Steak House and Lounge, 700 LaPorte Road On roll call, Cavanaugh, Cohea, Keller and Miller voted Aye. Nay: adopted. Absent: Dykeman and O'Connor. Mayor declared the resolution 9 56182 - Moved by Cohea, seconded by Cavanaugh that the following application, bond, and fee for Liquor Permit at the location designated in the City of Waterloo, Iowa, be, and the same is hereby approved for the issuance of license, that the approval be endorsed on the application and for- warded to the Iowa Liquor Control Commission, duplicate copies of the application and insurance liability certificate be received, placed on file, and Resolution No. 19600 approving the application, be adopted: Class "C" Floyd Aaron Watters dba Shamrock Tap, 737 Logan Avenue On roll call, Cavanaugh, Cohea, Keller and Miller voted Aye. Nay None. Absent: Dykeman and O'Connor. Mayor declared the resolution adopted. 56183 - Moved by Miller, seconded by Cohea that the following application, together with doctor's certificate and approval of the Chief of Police, for taxicab driver's license, be received, placed on file and the license granted: Richard La Hillock, 214 Second Street, Washburn, Iowa Motion carried. 56184 Moved by Cohea, seconded by Keller that the report of the City Attorney, advising that the bonds filed with the City Clerk up to the close of business on April 14, 1969, as shown on the list attached to said report, have been approved by him, be received, placed on file, and the report and bonds approved. Motion carried. 56185 - Moved by Keller, seconded by Miller that the Council adjourn. Motion carried. Fames R. Wilson City Clerk April 14, 1969 cI 1-C • r r Cn H t=i t=i N wz0' O H •ro' 0