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HomeMy WebLinkAbout09/18/1972City Hall, Waterloo, Iowa REGULAR SESSION September 18, 1972 - 7:30 P.M. 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 September 181, 1972. Mayor Turner in the Chair. Present: Councilmen Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey. Absent: None Councilman Glenda Mabrey offered the invocation. 62732 - Moved by Cohea, seconded by Morrissey that the Agenda, as amended, for the Regular Session of September 18, 1972 at 7:30 P.M., be accepted and approved. Motion carried: 62733 Moved by Cavanaugh, seconded by Dykeman that the Minutes of the Regular Session held September 11, 1972 at 7:30 P.M., be approved. Motion carried, 62734 - Moved by Keller, seconded by Miller that the proof of publication of the Notice of Public Hearing on Re -zoning, upon the request of Wallace Wo Butler, Atty. in behalf of Durst Excavating Co., Inc., upon the recom- mendation of City Planning Commission and the City C.uncil ° s own motion, to rezone Lots Nos. 101 and 102, except the North 25 feet thereof in Second Addition to Kenyon°s Addition and the 16° wide Easement tract lying South of and adjoining said Lots, being the parking lot of Ridge- way Plaza Shopping Center, as fully described in said Notice published in the Waterloo Daily Courier •;n August 31, 1972, from "R=1°A One and Two Family Residence District to "S-1" Shopping Center District, be re- ceived and placed on file, Motion carried. 62735 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 there were any written objections filed with the Clerk. The Clerk reported there were no .,ri.tten objections, and no one appeared to object orally. After public hearing and no objections having been made or filed, it was moved by Miller, seconded by Cohea that an Ordinance be drawn and submit- ted for said re -zoning. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the motion carried. 62736 An Ordinance amending Ordinance No, 2479, as amended, by adding S,Jb- Section No, 31 to Section 2A-5, rezoning certainproperty in the City of Waterloo, Iowa, was read by the Clerk. Moved by Dykeman, seconded by Cohea that the rules requiring ordinances to be read in full on three separate days be suspended, that said ordin- ance be recorded as having passed its first, second and third readings, and be now placed on its final adoption. 52736 - (Continued) On :roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: Noneo Absent: None. Mayor declared the motion carried, 62737 m Moved by Morrissey, seconded by Mabrey that Ordinance No.2606, an Ordin- ance amending Ordinance No, 2479, as amended, by adding Sub -Section No. 31 to Section 2A-5, rezoning certain property in the City of Waterloo, Icwa, be adopted. 2 On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the ordinance adopted. 62738 Moved by Cohea, seconded by Cavanaugh that the proof of publication: of the Notice of Public Hearing on Re -zoning, upon the request of John Beekman, Atty. in behalf of Granger & Associates, Inc., upon the recom- mendation of City Planning Commission and the City Council's own motion, to rezone part of the S2 of SW4 of Section 3-88-13 (new Southbrooke sub- division ubdivision Eo San Marnan Drive and West 9th Street area), as fully des= cribed in said Notice published in the Waterloo Daily Courier ©n August 31; 1972, from "Aml" Agricultural. District to "°R-3"0 Multiple Residence District, be received and placed on file. Motion carried. 62739 The Mayor announced the time had arrived to hear objections, if any, a asked if any one present wished to be heard or make objections, or if there were any written objections filed with the Clerk. The Clerk reported there were no written objections, and no one appeared to object °rally. After public hearing and no objections having beenmade or filed, it was roved by Mabrey, seconded by Dykeman that an Ordinance be drawn and sub- mitted for said re -zoning On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Ayeo Nay: Noneo Absent: Noneo Mayor declared the motion carried. 62740 m An Ordinance amending Ordinance No, 2479, as •amended, by adding Sub -- Section No. 32 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 first reading. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the motion carried. 62741 m Under C,R,#62667 of 9/5/72 action was deferred on the request of H and F Inc., 805 Rainbow Drive, et al, for installation of sanitary sewer on Rainbow Drive, and was now presented for consideration Moved by Dykeman, seconded by Cohea that the request from H & F, Inc,, 805 Rainbow Drive, et al, for installation of sanitary sewer on Rainbow Drive in the area between Ansborough Avenue and Forrester Avenue with the cast to be assessed against the property owners at such time as they hook on to the sewer, be denied. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the motion carried. September 18, 1972 - 3 62742 Councilman Keller asked if it would be more economical for the City to purchase equipment and use City crews to do the work needed on the floors of the East Side Parking Ramp. Public Works Director Culver said it would not as the equipment would cost $45,000, would be used every couple of years, and in his thinking the best way to handle this construction work would be by contracting. Moved by Mabrey, seconded by Cohea that the communication from the Build- ing Official, transmitting a proposal from the Cedar Falls Construction Co., Inc. for cleaning and linseed oil treatment of all floc,rs of the East Side Parking Ramp for the total cost of $49292000, and recommending approval, be received, placed on file, approved and accepted, and Reso- lution No. 22169, approving and accepting said proposal., and authorizing and directing the Mayor and City Clerk to sign same in behalf of the City of Waterloo, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 62743 rn Moved by Cavanaugh, seconded by Morrissey that the Contract and Bond of Williams Construction Company, Inc., Ames, Iowa, Contractors, for the construction of the 1972 New Sidewalk Program, Contract No. 40, in the City of Waterloo, Iowa, be received, placed on file and Resolution No. 22170, approving said Contract and Bond, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 62744 m Moved by Morrissey, seconded by Cavanaugh that the communication from City Engineer, transmitting Change Order #3 for the 1972 Paving Program Noo 3, Contract Noo 1349 covering additional wsrk perfrmed by Cedar Falls Construction Company,Cedar Falls,Eowa, at an additional cost of $746.50, and recommending approval, be received, placed on file, approved and the Mayor and City Clerk authorized to sign same on behalf of the City of Waterloo, Iowa. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the motion tarried. 62745 m Moved by Cavanaugh, seconded by Morrissey that the Permit Noo 72-240''-S for 3450° of 12!" SaPo; 483° of 10 SaPo; 1640° of 8" S.P0; for 1972 Sani- tary Sewer Program #1., Contract Noo 172, in the City of Waterloo, Iowa, from the Iowa State Department of Health, subject to certain conditions and requirements, be received and placed on file. Motion carried. 62746 m Moved by Dykeman, seconded by Cavanaugh that the Engineers' Certificate of Completion and Recommendation of Acceptance for the City View Heights Storm Sewer, Project Noo WS -Iowa -70, Component V, of the 1971 Waterloo, Iowa, Storm Sewer Improvement Program, Components 1, 4 & 5, Contract No. 162, be received and placed on file. Motion carried. 62747 © An Ordinance amending Section 213 of Ordinance No. 2203 knownas the Traffic Ordinance, by prohibiting parking on one side of certain streets, was read by the City Clerk. September 18, 1972 4 62747 - (Continued) Moved by Cavanaugh, seconded by Dykeman that said Ordinance be recorded as having passed its second reading (the first having passed under CeRO# 62712 of 9/11/72). On roll call, Cavanaugh, Cohea9 Dykeman9 Keller9 Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the motion carried. 62748 - Councilman Dykeman asked if a person could be denied a job on the basis of physical disabtity and the City Attorney reported that the person would have to be able to physically perform the duties of the job. Moved by Morrissey, seconded by Cavanaugh that the communication from the Asst. City Attorney, transmitting a proposed "Ordinance amending Chapter 209 Human Relations, of the City of Waterloo Code of Ordinances, by add- ing the words "Physical Disability" to Sections 20-30(b), 20-36(a), 20- 36(b), 20-43(a), 20-43(b), 20-43(c), 20-50(a) 20-50(b) and 20-50(c) , and by Defining Same in 20-1"9 and reporting it is difficult to exactly describe and define physical disability and it may be necessary to revise the ordinance at a later date depending upon the experiences with this wording, and a recommendation from the Waterloo Commission of Human Rights,, be received and placed on file. Motion carried. 62749 = An Ordinance amending Chapter 20, Human Relations, of the City of Waterloo Code of Ordinances, by adding the words "Physical Disability' to Sections 20=30(b)9 20-36(a), 20-36(b)9 20-43(a)9 20-43(b)9 20-43(c), 20-50(a), 20-50(b) and 20-50(c), and Defining Same in 20-1, was read by the City Clerk: Moved by Dykeman, seconded by Miller that said Ordinance be recorded as having passed its first reading. On roll call9 Cavanaugh, Cohea9 Dykeman9 Keller, Mahrey9 Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the motion carried. 62750 Moved by Cohea9 seconded by Mabrey that the communication from the Com- munity Development Administrator, transmitting a proposed "Resolution authorizing the advertising of the sale of project loan notes in connec- tion with the financing of Project_ Iowa R-7", be received, placed on file and Resolution No. 221.71, authorizing the advertising of sale of said Notes, be adopted. On roll call9 Cavanaugh, Cohea, Dykeman9 Keller9 Mabrey9 Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 62751 - Moved by Mabrey9 seconded by Cavanaugh that the communication from the Community Development Administrator, transmitting a proposed "Resolution authorizing the City Clerk or Deputy City Clerk of the City of Waterloo, Iowa, to open the bids received for project loan notes (second series 1972) and to send a telegram of acceptance to the successful bidder or bidders", be received, placed on file and Resolution Nc. 221729 authori- zing the City Clerk or Deputy City Clerk to open said bids and to send said telegram, be adopted. On roll call9 Cavanaugh, Cohea9 Dykeman9 Keller9 Mabr%ey9 Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted; September 18, 1972 - 5.- 62752 m Moved by Morrissey, seconded by Miller that the communication from the Community Development Administrator, transmitting a proposed "Resolution establishing fair market value for certain properties to be acquired in the Logan Avenue Urban Renewal Area, Project Iowa R-2'''', be received, placed on file and Resolution Noo 221739 establishing said fair market value, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nayo None. Absent: None. Mayor declared the resolution adopted. 62753 m Moved by Miller, seconded by Cohea that Resolution Noo 22174, authorizing the purchase of certain real property from the Waterloo Savings Bank for flood control and open space purposes, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nayo Noneo Absent: Noneo Mayor declared the resolution adopted. 62754 m Moved by Miller, seconded by Cohea that the communication from the City Engineer, transmitting Revised Final Estimate #11. Report as submitted by Price, Petrides & Associates, Inc., Engineers, Waterloo, Iowa, as to work and materials furnished by Hurst Excavating Company, Inc., Contractors, Waterloo, Iowa, for the construction of City View Heights Storm Sewer, WS -Iowa -70, Component V, Contract Noo 162, in the City of Waterloo, Iowa, and recommending approval, be received, placed on file and Resolution Noo 22175, approving the Revised Final Estimate #11 Report and authoriz- ing payment in full for the non -assessable portion, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye, Nay: Noneo Absent: Noneo Mayor declared the resolution adopted. 62755 a Moved by Dykeman, seconded by Miller that the communication from the Building Official, transmitting Partial Payment Estimate #3 Report as to work and materials furnished by Reichert -Neiman, Inc., Contractors, Waterloo, Iowa, for Remodeling of Police Department, Contract No. B=23, in the City of Waterloo, Iowa, and recommending approval, be recei,oed, placed on file and Resolution No. 22176, approving and accepting the report and authorizing payment accordingly, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Ayeo Nay: None. Absent: None. Mayor declared the resolution. adopted. 62756 - Executive Director Mosley of the Waterloo Commission on Human Rights pre- sented the Council a response to the City Attorney's report on whether the City should adopt a Fair Practices and Public Works Ordinance, Councilman Mabrey asked Executive Director Mosley if the City was comply- ing on federal projects, would this proposed ordinance require that the City comply on the expenditure of all public funds. Mr. Mosley replied that we have not exactly had a clearance on all federal projects through Community Development Board, Mayor Turner reported the federal govern- ment does approve all of our projects, therefore, we are complying with federal regulations on project expenditures. Councilman Dykeman inquired if the Human Rights Commission was staffed to handle the compliance with this ordinance or whether additional personnel would be needed. Executive Director Mosley said assistance would be needed from the Department Heads to submit reports to the Human Rights Commission to be approved. September 18, 1972 6 62756 - (Continued) Mayor Turner stated the matter to be resolved was the City Attorney's report and the Attorney General's opinion. Msved by Dykeman, seconded by Cohea that the communication from the Water loo Commission on Human Rights recommending the City of. Waterloo amend Ordinance #25139 as amended, pertaining to anti -discrimination provisions relating to public contracts, and a report of the City Attorney on Fair Practices and Public Works Ordinance, together with above-mentioned re- sponse of Executive Director Mosley, be received and placed on file and action deferred. Motion carried. 62757 m Moved by Dykeman, seconded by Keller that the communication from the City Engineer, transmitting an agreement from Mr. and Mrs. Leonard C. Strohm, 2066 independence Avenue, to pay $5.50 per foot plus $50000 hook -on charge for sanitary sewer, and suggesting a change order be written to permit construction of sanitary sewer services to this and adjacent properties in conjunction with Maywood Sewer Program, Component II, Contract No. 162, at an estimated cost of $4,620.50, be received, placed on file, ap- proved and the City Engineer instructed to proceed accordingly. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay. None. Absent. None. Mayor declared the motion carried. 62758 - Moved by Keller, seconded by Miller that the communication from the City Engineer, advising improvements required as a condition precedent to the final approval of the plat of the subdivision to be known as FOURTH ADD- ITION TO LINDNER HEIGHTS in the City of Waterloo, Iowa, have been com- pleted, approved by his office, a four-year maintenance bond for street improvements is on file, and transmitting a letter from Robinson Elgi- neering Company certifying completion of street improvements, be relei- ved, placed on file, and approved. Motion carried, 62759 - Moved by Miller, seconded by Cohea that the communication from Mayor Turner submitting for. Council approval the reappointment of Warren Holden to the Waterloo Airport Commission for a six-year term to expire September 17, 1978, be received:, placed on file and said reappointment approved. Motion carried. 62760 = Moved by Cohea, seconded by Morrissey that the following requests for permission to attend the functions on the dates and at the locations des- ignated., with expenses allowed not to exceed the amounts shown, be re- ceived, placed on file, approved and permission granted. From Attend Clerk Court f Municipal Police Chief for Asst. Police Chief September 18, 1972 Conference for National Associa® ation for Court Administration FBI Academy Location Buffalo, New York Quantic•- Virginia Dates ense Sept. 26 thru $354000 Oct. 1, 1972, inclusive Septa 22 thru Dec. 18, 1972 $620.00 + use of City Vehicle 62760 = (Continued) From Attend 7 Location City Clerk & Auditor, Iowa Municipal Finance Officers Fall Meeting Deputy City Clerk City Treasurer City Engineer for Project & Traffic Engineer Dates Ex ep ase Des Moines, Sept. 21 and $1.43000 Iowa 22, 1972 Iowa Municipal Fine Des Moines, Sept. 22, 1972 $ 52.00 ance Officers Fall Iowa Meeting Public Works Con- Minneapolis, Sept. 22 gress Minn. $310.00 + use of City Vehicle On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the motion carried. 62761 Moved by Cavanaugh, seconded by Mabrey that the two applications of the Waterloo Yellow Cab Co. for two additional taxicab licenses, together with insurance coverage and required fees, effective September 19, 1972 and expiring April 30, 1973, be received, placed on file and licenses granted. Motion carried. 62762 - Moved by Morrissey, seconded by Cohea that the following applications, bonds and fees for Beer Permits at the locations designated in the City of Waterloo, Iowa, be, and the same are hereby approved for the issuance of licenses, that the approval be endorsed on the applications and fcrc warded to the Iowa Beer and Liquor Control Department with certified fee receipts, duplicate copies of the applications, etc., be received, placed on file, and Resolution Noo 22177, approving the applications, be adopted.: Class "B" John T. Dunakey dba Sycamore Tap, 710 Sycamore Street Electric Park, Inc., West Conger Street and Rainbow Drive Class "°C" Jacqueline A. Sebring dba Herman's Fish and Bait, 327 East 7th Street On roll call., Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared tthe resolution adopted. 62763 Moved by Keller, seconded by Cohea that the following applications, bonds and fees for Beer and Liquor Permits at the locations designated in the City of Waterloo, Iowa, be, and the same are hereby approved for the issu- ance of licenses, that the approval be endorsed on the applications and all items forwarded to the Iowa Beer and Liquor Control Department, and duplicate copies of applications, etc., be received, placed on file, and Resolution No. 22178, approving the applications, be adopted: Class "C" Albert W. Gray dba Krackerbox, 1366 Sycamore Street Dean Speicher dba Airliner Lounge0, 3850 West Airline Hiway Michael R. Lindquist dba The Sandpiper Club, 714 Sycamore Street September 18, 1972 8 62763 - (Continued) On roll call,, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted, 62764 - Moved by Cohea, seconded by Morrissey that the communication from George R. Clark dba Sandpiper Club, 714 Sycamore Street, for transfer of Class "C" Beer and Liquor Permit #3111 to George R. Clark dba Club Continental, 210 East Fifth Street, Waterloo, Iowa, together with endorsements to Dram Shop Liability and Liquor Bond, be received, placed on file and Resolution No, 22179, approving transfer of said Beer and Liquor Permit in the City of Waterloo, Iowa, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 62765 ® Moved by Miller, seconded by Cohea that the report of the City Attorney, advising that the bonds filed with the City Clerk up to the close of business on September 18, 1972, 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. 62766 - Moved by Dykeman, seconded by Miller that the Council adjourn. Motion carried. Andrew A. Blomberg, City Clerk September 18, 1972 in 0 m I-1- '0 rt rt Cr ui 11) 0 1--' n C )— t� H co Cr) rt r til rf) n V G] 1-' N H 0 0 O ---1 1-4 0 W 0 po b Z