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10/02/1972
City Nall, Waterloo, Iowa REGULAR SESSION October 2, 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 October 2, 19720 Mayor Turner in the Chair. Present: Councilmen Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey. Absent: None. Councilman Glenda Mabrey offered the inv cation. 62802 m Moved by Cohea, seconded by Keller that the Agenda, as amended, for the Regular Session of October 2, 1972 at 7:30 P.M,, be accepted and ap- proved. Motion carried. 62803 m Moved by Cavanaugh, seconded by Morrissey that the Minutes of the Regu- lar Session held September 25, 1972 at 7:30 P.M., he approved. Motion carried. 62804 m The Fire Chief and P;bli.c Safety Committee, having checked the bids for the purchase of one (1) Pumping Engine for use by the Fire Department (referred to them by CQRo#62624 of 8/28/72), recommended the acceptta:ece of the revised bid of American LaFrance Corpor tion of Elmira, N.Y. in the amount of $41,3310009 both quality and price being taken into on - sideration. Councilman Dykeman reported the Fire Chief did not like the style of cab of the Ward LaFrance Truck Corporation and requested a Cineinn ti Cab; American LaFranoe gave a discount of $650000, which made a net bid of $41,331.00 but Ward LaFrance would not give any consideration for this different C_=h, the revised bid was the lowest hid, and he recom- mended acceptance of said revised bid of American LaFrance Corporation. Moved by Dykeman, seconded by Cohea that the above recommendation be received, placed on file, bid of American LaFrance Corporation of Elmira, N.Y. in the amount of $41,331.00 for one (1) Pumping Engine four use by the Fire Department, both quality and price being taken into ccnsideram tion, be accepted and the City Clerk directed and authorized to issue a purchase order and warrant in payment for same On roll call, Cavanaugh, Cohea, Dykeman:, Keller, Mabrey, Mille: and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the motion carried. 62805 m Francis Bohan, 716 Lorraine Avenue, press -rated a petition for Council reconsideration of no parking restrictions on Lorraine Avenue on the North side from West 8th Street to Baltimore Street (prohibited by Ord. #2607 adopted 9/25/72), and requesting parking on said Street be changed from the South side to the North side. Moved by Mabrey, seconded by Morrissey that said petition be received, placed on file, the request taken under advisement, and referred to the Traffic Sign and Paint Department for study and report back to Council, Motion carried. 62806 LeVerne Fa Dunsmoore9 1945 West Third Streets submitted an offer to pur- chase an old garage located on Ansborough Avenue near Black Hawk Creek, on property previously owned by Opal Mays, for the sum of $1000009 pro- vided said structure could be moved out of the City. Moved by Dykeman, seconded by Mabrey that said offer be received, placed on file and referred to the Building Official with a report back t. the Council on October 9, 1972, Motion carried, 62807 m Morris Y. Kenne9 Secretary of the Rath Packing Company, spoke in favor of blocking certain streets east •-f Eighteenth Street between the ',CAR. and the Cedar River. Councilman Dykeman asked if any of the streets requested to be blocked were open streets, having in mind emergency traffic such as the Fire Department. It was reported Nevada Street was the only ©pen street and it would not be blocked. Moved by Dykeman9 seconded by Keller that the communication from the Director of Public Works, transmitting a request from Rath P=eking Com- pany for permission to close off Dunham Place, Glendale Street, Colorado Street, Alley between vacated Indiana Street and Wyoming Street, and Wyoming Street, all east of Eighteenth Street between the I,COR,R, and the Cedar River, to prevent unauthorized dumping, and recommending ap- proval with the City of Waterloo to have access when necessary, be re- ceived, placed on file, recommendations approved and permission granted in accordance therewith at no cost to the City of Waterloo, Iowa. Motion carried. 62808 a Moved by Morrissey, seconded by Dykeman that the communication from the City Engineer, transmitting the request from Black Hawk Homes, Inco in behalf of Bethel Ridgeway Church, for permission to construct two (2) twenty-five (25) foot curb cuts on East Ridgeway Avenue, in part of the East ten (10) acres in ."Orange Park", as shown on the attached print, and recommending approval subject to proper storm drainage and other provisions of his letter, be received, placed on file, recommendations approved and permission granted in accordance therewith at no cost to the City of Waterloo, Iowa, Moti n carried. 62809 Moved by Miller, seconded by Cohea that the communication from the City Engineer, transmitting the request from Max D. Eaton, Manager of Eaton Roofing & Siding Co., Inc., for permission to construct a thirty-six (36) foot commercial curb cut on Home Park Boulevard, Lot 17, Lewis Miller°s Farms Addition, as shown on the attached print, and recommending approval subject to the provisions of his letter, be received, placed on file, recommendations approved and permission granted in accordance therewith at no cost to the City of Waterloo, Iowa. Motion carried, 6281.0 - Councilman Dykeman9 in behalf of the Board of the Memorial Park Cemetery, raised the question of a driving range next to the Cemetery, asking if a driving range could be placed in an A-1 Agricultural District. Larry Rust, representing the Waterloo Plan and Zoning Commission, re- ported that according to the Ordinance this use would be allowed in an A-1 Agricultural District, which was concurred by City Attorney Lybbert, October 2, 1972 3 62810 - (Continued) Moved by Mabrey, seconded by Miller that the communication from the City Engineer, transmitting the request from June Hanson for permission t. construct a forty (40) foot commercial curb cut and temporary asphalt driveway on West Ridgeway Avenue, located in part of SEk SW's Section 33-89-13, as shown on the attached plat, together with $3000 in cash for recording waiver, and recommending approval subject to the provis- ions of his letter, be received placed on file, request approved and Resolution No. 22190, granting permission and authorizing construction irrespective of a later official grade, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted, 62811 Moved by Keller, seconded by Miller that the communication from the City Engineer, transmitting the request from Iowa Public Service Co. for permission to construct a temporary asphalt driveway without regard to sidewalk grade at Maynard Station on Lafayette Street, Waterloo, Iowa, together with $3000 check for recording waiver, and recommending approval subject to the provisions of his letter,' be received, placed on file, request approved and Resolution No. 22191, granting permission and authorizing construction irrespective of a later official grade, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted, 62812 Moved by Keller, seconded by Miller that the communication from the City Engineer, transmitting the request from James Po Kelly for per- mission to construct a temporary asphalt driveway without regard to sidewalk grade at 4028 Homer Street, Waterloo, Iowa, together with $3.00 cash for recording waiver, and recommending approval subject to the provisions of his letter, be received, placed on file, request ap- pr•-ved and Resolution No, 22192, granting permission and authorizing construction irrespective of a later official gr de, be adopted: On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 62813 Moved by Cohea, seconded by Cavanaugh that the communication from the City Engineer, transmitting Change Order #3 for additional work per- formed by M. F. Goerdt Construction Company, Dubuque, Iowa, at an add- itional cost of $4,620050, for the Maywood Sewers Program, Component II, WS -Iowa -70, Contract No. 162, and recommending approval, be recei- ved, placed on file, approved and the Mayor and City Clerk authorized to sign same in 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 carried. 62814 - An Ordinance amending Chapter 20, Human Relations, of the City of Water- loo Code of Ordinances, by adding 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, was read by the City Clerk. October 2, 1972 4m 62814 a, (Continued) Moved by Cavanaugh, seconded by Miller that said Ordinance be recorded as having passed its third reading (the first having passed under C.R. #62749 of 9/18/72, the sec.nd under C.R. #62786 of 9/25/72)9 and now placed on its final adoption. On roll call9 Cavanaugh, Cohea9 Dykeman9 Keller9 Mabrey9 Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the motion carried. 62815 m Moved by Miller, seconded by Keller that Ordinance No, 26089 an Ordinance amending Chapter 209 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), 20m36(b)9 20-43(a), 20®43(b)9 20-43(c), 20-50(a)9 20m50(b) and 20-50(c), and by Defining Same in 20-19 be adopted. On roll call9 Cavanaugh, Cohea9 Dykeman9 Keller9 Mabrey9 Miller and Morrissey voted Aye. Nay: None, Absent: None. Mayr declared the ordinance adopted. 62816 An Ordinance amending Ordinance No. 24799 as amended, by adding Sub -Sec- tion 32 to Section 2A-59 rezoning certain property in the City of Water= 1009 Iowa9 was read by the City Clerk. Moved by Cohea9 seconded by Morrissey that said Ordinance be recorded as having passed its third reading (the first having passed under C.R. #62740 of 9/18/729 the second under C,R,#62785 of 9/25/729 and now placed on its final adoption. On roll call9 Cavanaugh, Cohea, Dykeman9 Keller9 Mabrey9 Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the motion carried. 62817 - Moved by Morrissey, seconded by Cohea that Ordinance No. 26099 an Ord- inance amending Ordinance No. 24799 as amended, by adding Sub -Section No. 32 to Section 2A-59 rezoning certain property in the City of Water - l009 Iowa9 be adopted. On roll call9 Cavanaugh, Cohea9 Dykeman9 Keller9 Mabrey9 Miller and Morrissey voted Aye. N='y: None. Absent: None. Mayor declared the ordinance adopted. 62818 m An Ordinance amending Ordinance No. 2597 adopted May 159 19729 Dividing the City of Waterloo, Iowa9 into Wards and Precincts, as amended by Ordinance No. 2601 adopted June 269 19729 by correcting the l gal des- cription of Section 59 Third Ward9 was read by the City Clerk. Moved by Dykeman9 seconded 'by Cohea that the rules requiring ordinances to be read in full on three separate days be suspended, that said ord- inance be recorded as having passed its first, second and third readings, and be now placed on its final adoption. On roll call9 Cavanaugh, Cohea, Dykeman9 Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the motion carried. 62819 m Moved by Cohea9 sec.n.ded by Morrissey that Ordinance No. 2610, an Ordin- ance amending Ordinance Noo 2597 adopted May 159 19729 Dividing the City of Waterloo, Iowa9 into Wards and Precincts, as amended by Ordinance Noo 2601 adopted June 269 19729 by correcting the legal descripti•n of Sec- tion 59 Third Ward9 be adopted. October 29 1972 5 62819 m (Continued) On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the ordinance adopted. 62820 Moved by Cavanaugh, seconded by Mabrey that Resolution No, 22193, a Res- olution accepting work and ordering preparation of plat and schedule of assessments for the City View Heights Storm Sewer Project, Component V of the 1971 Waterloo, Iowa Storm Sewer Improvement Program, Components 1, 4 & 5, Contract No. 162, 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. 62821 Moved by Keller, seconded by Miller that the City Engineer's Final Plat and Schedule of Assessments, Breakdown of Project Costs, etc, for the City View Heights Storm Sewer Project, Component V of the 1971 Waterloo, Iowa Storm Sewer Improvement Program, Components 1, 4 & 5, Contract No. 162, be received and placed on file. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay None. Absent: None. Mayor declared the motion carried. 62822 Moved by Cavanaugh, seconded by Morrissey that Resolution Noo 22194, adopting and levying final schedule of assessments, and providing for the payment thereof, be adopted, for the City View Heights Storm Sewer Project, Component V9 of the 1971 Waterloo, Iowa Storm Sewer Improvement Program, Components 1, 4 & 5, Contract No. 162. On roll call, Cav=naugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 62823 Moved by Cohea, seconded by Dykeman that the City Engineer be instructed to prepar pi ns and specificati ns, form of contract, form of proposal, preliminary estimate of cost, etc, for the 1972 Grading Program No. 1, Grading Contract No. 12, in the City of Waterloo, Iowa. Motion carried. 62824 Moved by Miller, seconded by Cohea that the plans and specifications, etc. for the 1972 Grading Program No. 1, Grading Contract Noo 12, in the City of Waterloo, Iowa, at an estimated cost of $67,641050, be re- ceived and placed on file. Motion carried. 62825 Moved by Mabrey, seconded by Miller that Resolution Noo 22195, provis- ionally approving the proposed plans, specifications, etc. for the 1972 Grading Program No. 1, Grading Contract No. 12, in the City of Waterloo, Iowa, and directing the City Clerk to publish the Notice of Hearing on the proposed plans, etc, and the taking of bids therefor, be adopted, with date of hearing set for October 24, 1972 at 7:30 P.M. in the Coun- cil Chambers in City Hall in 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 resolution adopted. October 2, 1972 6 62826 m Moved by Miller, seconded by Cohea that th following mission to attend the function on the date and at the nated, with expenses allowed not to exceed the amount placed on file, approved and permission granted: From Attend Location request for perm location desigm shown, be received, Dat ^s Expense Plumbing Inspector 66th Annual Meet- ing of American Society of Sanitary Engineers Hot Springs, October 21 Arkansas thru 27, 1972, inclusive $380°00 On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye, Nay: None. Absent: None. Mayor declared the motion carried. 62827 m Moved by Morrissey, seconded by Mabrey 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 f the issuance of licenses, that the approval be endorsed on the applications and for- 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 No, 22196, approving the applications, be adopted: Class "B" Henry Roby and Minnie Roby dba Chatncir, 1001 E-st Fourth Street Class "C" Ronnie J. Riebe dba Ron's Super Value, 2401 Falls Avenue On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None, Mayor decl,-red the resolution adopted, 62828 Moved by Mabrey, seconded by Cohea that the following application, bond and fee for Beer and Liquor Permit at the location designated in the City of Waterloo, Iowa, be -end the same is hereby approved for the iss- uance of license, that the approval be endorsed on the application and all items forwarded to the Iowa Beer and Liquor Control Department, and duplicate copies of applic-ti.n, etc., be received, placed on file, and Resolution No. 22197, approving the-='pplication, be adopted: Class "C" John Cooley dba Babe's, 210 Division Street On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 62829 - Moved by Cavanaugh, seconded by Morrissey that the following application and bond for permission to sell cigarettes at the location as designated, in the City of Waterloo, Iowa, be received, placed on file, the bond ap- proved and permit granted: Marshall Eo Carpenter dba Carpenter's Lunch, 413 West Fourth. Street Motion carried. 62830 Moved by Miller, seconded by Dykeman that the report of the City Attor- ney, advising that the bonds filed with the City Clerk up to the close of business on October 2, 19729 as shown *n the list attached to said report, have been approved by him, be received, placed on file, and the report and bonds approved. Motion carried. 62831 Moved by Keller, seconded by Cohea that the Council adjourn. Motion carried. Andrew A. Blomberg, City Clerk o c) O r- rt rt o 'c a� (D N L• =1 (I) U) ri 1 U] F--' H 0 • O 0 w O H 0 b E