HomeMy WebLinkAbout10/16/19722'ro 8o6-- $1'2- 1
City Hall, Waterloo, Iowa
REGULAR SESSION
October 16, 1972 e 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 16,
1972.
Mayor Turner in the Chair.
Present: Councilmen Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey.
Absent: None.
Councilman Glenda Mabrey offer the invocation,
62867 - Moved by Cohea, seconded by Morrissey that the Agenda, as amended, for
the Regular Session of October 16, 1972 at 7:30 P.M., be accepted and
approved.
Motion carried.
62868 - Moved by Cavanaugh, seconded by Miller that the Minutes of the Regular
Session held October 9, 1972 at 7:30 P.M. and the Special Session held
October 12, 1972 at 12:00 Noon, be approved.
Motion carried.
62869 o Moved by Morrissey? seconded by Cohea that the proof of publication of
the Notice of Public Hearing on Re—zoning, upon the request of Curt
Parsons in behalf of Community Mortgage and Investment Company, upon
the recommendation of the City Planning Commission and the City Coun-
cil's own motion, to rezone Lots 50, 51, 52 and 53 in Westridge Fifth
Addition, (located south of Meadow Lane between Lincolnshire Road and
Ansborough Avenue), in the City of Waterloo, Iowa, as fully described
in said Notice published in the Waterloo Daily Courie7 on September 28,
1972, from "R-1' One and Two Family Residence District to "R-3" Multi-
ple Residence District, be received and placed on file.
Motion carried.
62870 - 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 there were any written objections filed with the Clerk.
The Clerk reported there were no written objections, and no one appear-
ed to object orally.
After public hearing and no objections having been made or filed, it
was moved by Mabrey, seconded by Cavanaugh that an Ordinance be drawn
and submitted 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.
62871 - An Ordinance amending Ordinance No, 2479, as amended, by adding Sub -Se&
tion No. 33 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.
n
62872 - Moved by Cavanaugh, seconded by Keller that the proof of publication of
the Notice of Public Hearing on Rezoning, upon the request of C. A.
Frerichs, Atty. in behalf of Hurst Excavating, Inc., upon the recommenda-
tion of the City Planning Commission and the City Council's own motion,
to rezone a part of the NWS of Section 2 -88N -13W, located on the east
side of Hammond Avenue south of East Ridgeway Avenue, as fully described
in said Notice published in the Waterloo Daily Courier on September 28,
1972, from "A-1" Agricultural Diotrict and "R-299 One and Two Family Res-
idence District to "R-3" and '„R--4" Multiple Residence Districts, be re-
ceived and placed on file.
Motion carried.
62873 - The Mayor anncunced the time had arrived to hear objections, if any, and
asked if anyone present wished tc 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 orally.
After public heari ig and no objections having been made or filed, it was
moved by Morrissey, se«:onded by Mabrey that an Ordinance be drawn and
submitted for ;paid re -zoning.
On roll call, Cavanaugh, Cchea, Dykeman.9 Keller, Mabrey, miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor deelared the
motion carried.
62874 - An Ordinance amending Ordinance No. 2479, as amended, , _ `,y :sing Sub -Sec-
tion No. 34 to Section 2A-5, re oning certain property the City of
Waterloo, Iowa, was read by the Clerk.
Moved by Dykeman, seconded by Keller that said Ordinance
having passed its first reading.
On roll call, Cavanaugh, Cohea, Dykean, Keller, Mabrey,
Morrissey voted Aye. Nay: None. Absent: None. Mayor
motion harried.
be recorded as
Miller and
declared the
62875 - Moved by Keller, seconded by Miller that the proof of publication of the
Notice of Public Hearing on Re -zoning, upon the request of Richard C.
Zellhoefer, Atty, in behalf of T. J. McLaughlin, upon the recommendation
of the City Planning Commission and the City Council's own motion, to
rezone Lot 2 in Auditor Sears Plat No. 1., located south of Mitchell Ave-
nue and east of Kimball Avenue, as fully described in said Notice pub-
lished in the Waterloo Daily Courier on September 28, 1972, from "R-2"
One and Two Family Residence District to "R-3" Multiple Residence Dis-
trict, be received and placed on file.
Motion carried.
62876 - 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
there were any written objections filed with the Clerk.
The Clerk reported no written objections had beelfiled.
Oral objections were wade by:
1. Jay Roberts, Atty. representing a group of objectors, presented an
objection petition signed by property owners in the area, elaborating
on the points outlined in same, and then introduced E, E. Fields, 135
Cornwall Avenue and Mrs. Bernard Sands, 1436 Kimball Avenue, who fur-
ther voiced objections.
October 16, 1972
3
62876 - (Continued)
2. Howard Hauserman, 209 Cornwall Avenue and Morris See, 408 East Mit-
chell Avenue, also spoke in support of the objection petition.
Speaking in support of the request was Richard Go Zellhoefer, Atty.,
who reported, there would be 58 units in this area with only one ac-
cess onto Mitchell Avenue and these 58 units would add to the taxable
property valuation within the City of Waterloo; as to the additional
traffic from this multiple housing, Kimball Avenue is a major traffic
fareway, has always had heavy traffic, and it was desinned for moving
this traffic.
Councilman Dykeman asked if the people within 200 feet of this housing
had been contacted before a hearing at the Planning Commission, Robert
Gunderson, Admro, reported there had been a request four years ago and
this was the reason for not asking for a new hearing.
Councilman Dykeman asked what the City policy was on the improvements
and Mayor Turner reported the improvements made within this housing
development would have to be borne by the sub -divider but roads leading
thereto, if they were to be improved, would have to be assessed parti-
ally against the adjacent property owners.
Moved by Morrissey, seconded by Cohea that the above petition and ob-
jecti:.ns be received and placed on file.
Motion carried.
62877 After due consideration, it was moved by Dykeman, seconnied by Morrissey
that the objections to said rezoning be sustained andrequest of
Richard Go Zellhoefer, Atty. in behalf of To J. Mclau -Ilin, denied,
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Miller and Morrissey
voted Aye. Nay: Mabrey. Absent ° None, Mayor declared the motion
carried,
62878 e Moved by Cohea, seconded by Morrissey that the proof of publication of
the Notice of Public Hearing to File an Application on Behalf of the
City of Waterloo, Iowa with the United States Department of Transporta-
tion (Mass Transit Capital Improvement Grant Application), as fully
described in said Notice published in the Waterloo Daily Courier on
September 14 and 169 1972, be received and placed on file,
Motion carried.
62879 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 there were any written objections filed with the Clerk.
The Clerk reported there were no written objections, and no one appear-
ed to object orally.
After public hearing and no objections having been made or filed,it was
moved by Keller, seconded by Dykeman that Resolution No, 22210, a re-
solution authorizing the submission of the results of the public hear-
ing for the Application for a Grant under the Urban Mass Transporta-
tion Act of 1964, as amended, to the U.S. Department of Transportation,
be adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
October 16, 1972
- 4
62880 m Richard T. Jenkins, President of Cedar Skyline Corporation, reported
that the long hours of work done by the Cedar Skyline Corporation to
lease a civic center to the City had been ruled against by the Court;
the future of the whole downtown is based upon the Conway Square Building,
the Fourth Street Bridge and the Plaza Development on the East Side, that
all three will affect the future of downtown Waterloo, and will protect
thesrt:r ong tax base in this area; therefore, the Cedar Skyline Corporation
was asking that the Council proceed in calling for an election.
Councilman Keller asked whether this bond sale would be added to the
City's bonded indebtedness and Mayor Turner reported that ply the princi-
pal would be added.
Moved by Mabrey, seconded by Cohea that the communication from Richard To
Jenkins, President of Cedar Skyline Corporation, transmitting a resolu-
tion adopted by said Corporation recommending that the City Council on
its own motion, hold an election for the issuance of bonds for the acquis-
ition of land and construction of a Civic Center in the block bounded by
West Park Avenue, West Fourth Street, Commercial Street and Jefferson
Street, be received, placed on file, approved and the Cty Clerk instruc-
ted and directed to employ the firm of Chapman and Cutler, Bond Attorneys,
Chicago, Illinois, to prepare the necessary legal proceedings for the
said election and issuance and sale of said General obligation Bonds.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
motion carried.
62881 Moved by Cohea, seconded by Mabrey that the communicatic'from the Black
Hawk County Auditor, advising offers have been made for ',he following
properties, in the amounts shown, on which Black Hawk County holds title,
and requesting City Council approval to accept the offers with the pro-
visions
rovisions that Lot 6, Block 8, Cooley Addition be sold subject to the City
of Waterloo waiving all special assessments, and the North 25° of Lot 11,
G. Robinsons Addition be sold subject to the City waiving specials if the
City received the proceeds of the sale as authorized by the City of Water-
loo Resolution No, 21699 adopted 1/3/72, together with recommendation of
the City Engineer that the NE 42° Lots 6 and 7, Block 1, Hayes Addition
not be sold as same may be needed for the development of the Waterloo -
Cedar Falls Freeway, be received, placed on file, the City Engineer's
recommendations approved and the sale of said NE 42° of Lots 6 and 7,
Block 1, Hayes Addition denied, and the sale of the remaining properties
listed below approved subject to the above provisions:
Leal Descri•,tion Bid Offered Taxes A
Specials
included
ainst in Tax Against
G. Robinson Addition
N 25' Lot 11
Behm Addition
Lot 27
Ricker & Bratnobers Addition
W 32.5' Lots 1 & 2, Block 1
Auditor Barnes Plat Maywood
E 30' Lot 19
Auditor Barnes Plat Maywood
W 50' E 125.5° Lot 18
October 16, 1972
$150000
$ 98.45
$ 50.00
$233 000
$ 30.00
$1,649.36
$ 274.29
$ 601.08
$ 488.14
335.80
$629.80
$ 98.45
$ 35.68
$232099
29.79
62881 - (Continued)
Leal Descri•tion
Hayes Addition
NE 42° Lot 6 & 7, Block 1
Cooley Addition
Lot 6, Block 82
Auditor Barnes Plat Maywood
E 75.5° Lot 18
5
Specials
included
Bid Offered Taxes Against in Tax Against
$835.00
$ 50.00
$ 70.00
$1,650.11 $701.87
$1,471.72 $493.21
$ 336.93 $ 68.19
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
motion carried.
62882 - Moved by Cavanaugh, seconded by Morrissey that the communication from the
City Engineer, transmitting Contract to purchase dated 10/16/72 between
the City of Waterloo, Iowa, and George C. Sieglaff, R bert L. Sieglaff
and Cecil H. Sieglaff, wherein the City offers to purchase the east 120°
of NE34, SEk, Section 29-89-13 (144,840 square ft.) for the sum of
$7,242.00, together with Agreement for Easement for temporary and perm-
anent easement across parts of Section 29-89-13, for Hackett R -O -W in
conjunction with 1972 Grading Program #1, Contract No. 12, and recommend-
ing approval, be received, placed onfile, said contract approved, Mayor
and City Clerk authorized and directed to execute the same :,x "oehalf of
the City of Waterloo, the Clerk instructed to issue a we -•�: ,.:t for
$7,242.00 in payment therefor, the Agreement for Easement' proved and
accepted, and the City Clerk instructed to have the sa.m, :corded.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: Nene. Absent: None. Mayor declared the
motion carried.
62883 - Moved by Keller, seconded by Cavanaugh that the communication from the
Iowa State Highway Commission transmitting Fermi: lfr 2-823 to Flo -Rel, Inc.,
Loves Park, Illinois, to widen an existing 24° entrance to a 35° type "Bg"
to U.S. 218 at Sta. 776422.5 within Waterloo en the westerly side (approx-
imately 143° northerly of Byron Avenue extended), be received, placed on
file and approved.
Motion carried.
62884 Moved by Morrissey, seconded by Dykeman that the communication from the
City Engineer, transmitting the construction plans, accepted proposal and/
or contract between MEPCO Construction Inc. and John H. Rottjer, contract
and combination performance and maintenance bond in the amount of $4,683.00
between the City of Waterloo and John H. Rottjer, for grading and pavement
improvements of backage road south of Plymouth Avenue in Pleasant View
Addition, and recommending approval, be received, placed on file, approved
and,Resolution No. 22211, approving and accepting said contract and bond
and authorizing and directing the Mayor and City Clerk to sign same in
behalf of 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.
october 16, 1972
62885 - Moved by Cavanaugh, seccnded by Morrissey that the communication from
the City Engineer, transmitting Cha^ge Order #4 for the 1972 Paving Pro-
gram #3, Contract No. 134, covering additionalwork performed by the
Cedar Falls Construction Company, Contractors, at an additional cost of
$6,707.60, and recommending approval, be received, placed on file, ap-
proved 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, Mabre:. Miller and
Morrissey voted Aye. Nay: None. Absert: None. May.J, seclared the
motion carried.
62886 - Moved by Cohea, seconded by Dykeman that the communication from the City
Engineer, transmitting Change Orders #4 and #6 for the 1972 Paving Pro-
gram #19 Contract No. 127, covering additional work performed by Cedar
Valley Corporation, Contractors, Waterloo, Iowa, at additional costs of
$826.34 and $429.409 respectively, 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 carried.
62887 - An Ordinance vacating allthat part of the existing alley in Pleasant
View Addition lying west of LaPorte Road between Plymouth Avenue and East
Ridgeway Avenue and east from a point 10 feet east of the west line of
Lot 364 in Pleasant View Addition, was read by the Cite Clark.
Moved by Dykeman, seconded by Mabrey that further actioL m the above pro-
posed ordinance be deferred until access to Lot 479 could be resolved.
Motion carried.
62888 - Moved by Cavanaugh, seconded by Morrissey that the communication from the
Community Development Administrator, transmitting proposed "Resolution
authorizing the sale, issuance and delivery of project notes in the agg-
regate principal amount of $5,021,000 and the execution of requisition
agreement No. 31972", be received, placed on file, and Resolution No.
22212, authorizing sale, issuance and delivery of said project notes and
execution of said agreement, be adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: Novae. Absent: None. Mayor declared the
resolution adopted.
62889 - Moved by Morrissey, seconded by Cavanaugh that the communication from the
Community 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-2", be received, placed on file
and Resolution No. 22213, authorizing the advertising of the sale of said
Notes, be adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
62890 - Moved by Mabrey, seconded by Cohea that the communication from the Commu-
nity Development Administrator, transmitting a proposed "Resolution auth-
orizing the City Clerk or Deputy City Clerk of the City of Waterloo, Iowa,
to open the bids received for project Loan Notes (Fifth Series 1972) and
October 16, 1972
(Continued) - 7
62890 to send a telegram of acceptance to the
received, placed on file and Resolution
Clerk or Deputy City Clerk to open said
adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
Resolution adopted.
successful bidder or bidders'', be
No. 22214, authorizing the City
bids and send said telegram,.be
62891 a Moved by Dykeman, seconded by Morrissey that the communication from the
Community Development Administrator, transmitting a proposed "Resolution
accepting and approving certain offers to sell real properties to the
City and accepting and approving certain: deed", author 2iAg the aquisi-
tion of five (5) parcels of land on Forrester Avenue for ;he purpose of
Local Flood Protection Project, and requesting approval, be received,
placed on file and Resolution No. 22215, accepting and approving said
offers and deeds, be adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
62892 - Moved by Mabrey, seconded by Cohea that the communication from the Commu-
nity Development Administrator, transmitting a proposed "Resolution estab-
lishing 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 Resclution No. 22216, establishing said fair market value, be
adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, '-_1ler and
Morrissey voted Aye. Nay: None. Absent: None. Mayo: Y.,clared the
resolution adopted.
62893 m Moved by Cohea, seconded by Dykeman that Resolution No. 22217, being a
resolution directing the advertising for sale of $40,000.00 Sewer Im-
provement Bonds and fixing a date for hearing on the issuance thereof
(Beech Street Storm Sewer, Component 1 of 1971 Waterloo, Iowa, Storm
Sewer Improvement Program W Components 1, 4 & 5) known as Contract No.
162, be adopted, and said date being set as November 6, 1972.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absertt: None. Mayor declared the
resolution adopted.
62894 m Moved by Keller, seconded by Cavanaugh 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
Attend Lccati
n Dates
Ex•ense
Sanitary
Inspector
City Clerk &
Auditor and
Deputy Clerk
& Auditor
Cincinnati Train -
ing
raining Facility's
Course on Current
Concepts in Food
Protection
Annual Conference
Leagpe of Iowa
Municipalities
Denver,
Colorado
Waterloo,
Iowa
November 12
thru 18, 1972
inclusive
$250.00
October 25 $ 24.00
thru 27, 1972 each
inclusive
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
motion carried.
October 16, 1972
62895 m Moved by Morrissey, seconded by Cohea that the application, bond and fee
of Art I. Kaief, 616 Sycamore Street, for license to conduct a Going -Out -
Of -Business or Liquidation Sal. effective October 18, 1972, and to term-
inate December 18, 1972, be received, placed on file and license granted.
Motion carried.
62896 v Moved by Cavanaugh, seconded by Cohea that the following application,
bond and fee for Beer Permit at the location designated in the City of
Waterloo, Iowa, be, and the same is hereby approved fee the issuance of
license, that the approval be endorsed on the applicatio, .nd forwarded
to the Iowa Beer and Liquor Control Department with certified fee re-
ceipts, duplicate copies of the applications, etc. be received, placed
on file, and Resolution No. 22218, approving the application , be adopted:
Class °'C"
Richard Wright dba Broadway Service Store, 508 Broadway
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
62897 a Moved by Morrissey, 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, and the same is hereby approved for the
issuance of license, that the approval be endorsed on the application
and all items forwarded to the Iowa Beer and Liquor Coo.tr")1 Department,
and duplicate copies of application, etc., be received, ,ad on file,
and Resolution No. 22219, approving the application, be ,,_.opted:
Class `°C"
Robert Eugene Anderson dba Forum Tap Room, 1.318 Sycamore Street
On roll call, Cavanacgh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adapted.
62898 - Moved by Cavanaugh, seconded by Keller 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:
Orlis E. Smith dba Smitty's DX, 420 West Fifth Street
Motion carried.
62899 m Moved by Dykeman, seconded by Keller that the following applications,
together with doctors certificates and approval of the Chief of Police,
for taxicab drivers licences, be received, placed on file and the licen-
ses granted:
Raymond James Smith, 633 Reber Avenue
James Bush House, 437 Country Terrace Village, R#1
Motion carried.
62400 o Moved by Cohea, seconded by Miller that the following applications for
Ambulance Driver/Attendant/Attendant Driver Permits, together with nec-
essary fees, be received, placed on file, approved and Permits granted:
Attendant Permits
Robert E. Mount, 2114 East 4th Street
Lucille M. Mount, 2114 East 4th Street
October 16, 1972
9
62900 m (Continued)
Driver Permit
Raymond V. Mount, 2114 East 4th Street
Driver and Attendant Permits
Dennis Lo Heiser, 1204 Mulberry Street
Danny Foreman, 626 Lorraine Avenue
Attendant Driver Permit
James Richard Williams, 4304 Rcwnd Street, Cedar Falls
Motion carried.
62901 - Moved by Miller, seconded by Cohea that the report of the City Attorney,
advising that the bonds filed with the City Clerk up to tb.e close of
business on October 16, 1972, as shown on the list attached to said re-
port, have been approved by him, be received, placed on file, and the
report and bonds approved.
Motion carried.
62902 - Moved by Miller, seconded by Cohea that the Co:ncil adjourn.
Motion carried.
Andre-, :`.. Blomberg,
City rk
October 16, 19720
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