HomeMy WebLinkAbout11/13/197211 P y'46
City Hall, Waterloo, Iowa
REGULAR SESSION
November 13, 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 November 13, 1972.
Mayor Turner in the Chair,
Present: Councilman Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey.
Absent- None.
Councilman Glenda Mabrey offered the invocation.
62981 - Moved by Cohea, seconded by Miller that the Agenda, as proposed, for the
Regular Session of November 13, 1972 at 7:30 P.M., be accepted and ap-
proved.
Motion carried,
62982 - Moved by Miller, seconded by Morrissey that the Minutes of the Regular
Session held November 6, 1972 at 7:30 P.M., be approved.
Motion carried.
62983 - Moved by Cavanaugh, seconded by Miller that the proof of publication of
the Notice of Public Hearing on Re -zoning, upon the request of Robert W.
Braun, Atty. in behalf of Granger & Associates, Inc., upon recommendation
of the City Planning Commission and the City Council's own motion to re-
zone Tract A, Brookeridge First Addition (Kimball Avenue and E. San Marnar
Drive area) from "R-4" Multiple Residence District to "C-1" Commercial
District, as fully described in said notice published in the Waterloo
Daily Courier of October 26, 1972, be received and placed on file.
Motion carried.
62984 - 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 on file and no one
appeared to object orally.
After public hearing and no objections having been made, it was moved by
Morrissey, seconded by Cohea 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.
62985 - An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Sec-
tion No 35 to Section 2A-5, rezoning certain property in the City of
Waterloo, Iowa, was read by the Clerk.
Moved by Keller, seconded by Miller 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.
2 -
62986 - Gerald Ersland, 2733 Lafayette Street, appeared before the Council and
objected to the unsightly appearance of the Midwest Paper Co. junk yard
to adjacent neighbors and inquired if the said firm could be made to
clean up the area so it would not be offensive; also the semi -trucks
were running all hours of the night and created dust in this area; and
presented pictures.
Mrs. Thomas Green, 2803 Lafayette Street, said the Midwest Paper Company
warms their trucks in the middle of the night, which is very disturbing
for those trying to get a night's sleep, and that these trucks are sitt-
ing on property which is zoned R-2 One and Two Family Residence District.
Mayor Turner reported the request for rezoning made by Midwest Paper Com-
pany was denied and the owner has asked for a variance from the Board of
Adjustment, that action was deferred for 30 days, and he is not allowed
to build any additional buildings but he could keep those buildings under
repair that he already has.
Building Official Tusler stated the Midwest Paper Company has repaired
the existing buildings and is not building additional buildings at the
present time and no building permits have been allowed.
City Attorney Lybbert reported the Midwest Paper Company can use the
property for a non -conforming use because this was originally zoned MI -1
before the general rezoning within the City but he could not build any
additional buildings on this property.
Moved by Morrissey, seconded by Mabrey that the above pictures be r.eceiv
and placed on file.
Motion carried.
4
62987 Moved by Cohea, seconded by Morrissey that the communicattGA from the
City Engineer, transmitting the request from Northwester. Bell Telephone
Co. for permission to install a curb -side public telephoie at W 5th St. &
South St.'s shown on the attached print, and recommending: approval with
the City held harmless for maintenance and vandalism, concurred by the
Police Department, be received, placed on file, recommendations approved,
permission granted in accordance therewith subject to said firm filing
a Hold Harmless Agreement protecting the City from all liability, claims,
damages, etc.
Motion carried.
62988 a Moved by Cavanaugh, seconded by Morrissey that the communication from
the City Engineer, transmitting the request from Dennis F. Kacher for
permission to construct a temporary concrete driveway without regard to
sidewalk grade at 1350 West Ridgeway Avenue, 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. 22253, granting permission and authorizing
construction irrespective of a later official grade, be adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, l abrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
62989 m Moved by Dykeman, seconded by Cohea that the report of the Traffic Sign
and Paint Department on "no parking" restrictions on Lorraine Avenue on
the North side from West 8th Street to Baltimore Street (referred to it
on 10/2/72), be received, placed on file and the petition of Francis
Bohan, 716 Lorraine Avenue, et al, for removal of said restriction, de-
nied.
November 13, 1972
r
62989 m (Continued)
Motion carried.
62990 u Moved by Cavanaugh, seconded by Miller that the Financial Report of the
Board of Waterloo Water Works Trustees for the quarter ending September
30, 1972, be received and placed on file.
Motion carried.
62991 m Moved by Mabrey, seconded by Cavanaugh that the following Monthly Reports
of the various City Department Officials and others, be received, placed
on file and referred to the respective committees:
Month of August, 1972
Police Chief
Month of September, 1972
Waterloo -Cedar Falls Transit Co,
Northeast Council on Alcoholism
Clerk of Municipal Court
Supt. of Water Pollution Control Plant
Board of Trustees of McElroy Auditorium
Month of October, 1972
Community Development Board
Building Official for: Building Inspector
Electrical Inspector
Heating & Air Pollution Inspector
Plumbing Inspector
City Treasurer
City Clerk and Auditor
Motion carried.
62992 m Moved by Miller, seconded by Mabrey that the communication from the City
Engineer, transmitting an easement dated 11/6/72 from Elizabeth Smith,
a single person, for sanitary and storm sewer purposes in Bethel Street
in Bethel Addition and Hurst Addition, located in part of Section 2-88N-
13, as submitted by Co A. Frerichs, Atty., be received, placed on file,
approved and accepted and the City Clerk instructed to have same recorded
Motion carried.
62993 - Moved by Keller, seconded by Morrissey that the communication from the
City Engineer, transmitting Change Order #5 for the 1972 Paving Program
No. 39 Contract No. 134, covering work performed by the Cedar Falls Con-
struction Company, Cedar Falls, Iowa, at a decrease in cost of $770071,
and recommending approval, be received, 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,
62994 - Moved by Morrissey, seconded by Cohea that the communication from the
City Engineer, transmitting Change Order #7 for the 1.972 Paving Program
#1, Contract Noo 127, covering work performed by Cedar Valley Corpora-
tion, Waterloo, Iowa, at an additional cost of $153054, and recommending
approval, be received, placed on file, approved and the Mayor and City
Clerk authorized to sign same in behalf of the City of Waterloo, Iowa.
November 13, 1972
62994 - (Continued)
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
motion carried,
62995 - Moved by Cohea, seconded by Morrissey that
Building Official, submitting an amendment
ance No. 2429 relating to permit fees, and
ceived and placed on file.
Motion carried.
62996 - An Ordinance
of Waterloo,
and enacting
Clerk.
the communication from the
to Moving of Buildings Ordin-
recommending approval, be re -
repealing Chapter 9-45 of the Code of Ordinances of the City
Iowa, relating to permit fees for the moving of buildings,
in lieu thereof a new Chapter 9-45, was read by the City
Moved by Cohea, seconded by Dykeman 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.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
motion carried.
62997 Moved by Cavanaugh, seconded by Keller that Ordinance No. 2613, an Ord-
inance repealing Chapter 9-45 of the Code of Ordinances of the City of
Waterloo, Iowa, relating to permit fees for the moving of buildings, and
enacting in leiu thereof a new Chapter 9-45, be adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None, Mayor declared the
ordinance adopted.
62998 Moved by Mabrey, seconded by Morrissey that the communication from the
Community Development Administrator, transmitting a proposed "Resolution
authorizing the Community Development Board to enter into a contract for
consulting services with Candeub, Fleissing and Associates" for prepara-
tion of an amendatory for Project Iowa R-7, and requesting approval, be
received, placed on file and Resolution 22254, authorizing the Community
Development Board to enter into said contract, be adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
62999 Moved by Morrissey, seconded by Dykeman, that Resolution No. 22255, a
Resolution providing for the issuance of $40,000.00 Sewer Improvement
Bonds, (Beech Street Storm Sewer, Component 1 of the 1.971 Waterloo, Iowa,
Storm Sewer Improvement Program - Components 1, 4, & 5, Contract No. 162)
be adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
63000 - Moved by Cavanaugh, seconded by Miller that the communication from the
City Engineer, transmitting Partial Payment Estimate No. 12 Report, as
submitted by Brice, Petrides & Associates, Inc., Waterloo, Iowa, Consult-
ing Engineers, as to work and materials furnished by Lunda Construction
November 13, 1972
63000 - (Continued)
Company, Black River Falls, Wisconsin, for the construction of River
Road Bridge, Westfield -Virden Urban Renewal Project, Bridge Contract No.
89 in the City of Waterloo, Iowa, and recommending approval, be received,
placed on file and Resolution No. 222569 approving the report of said
firm and certifying payment accordingly, be adopted.
on roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey9 Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
63001 - Moved by Dykeman, seconded by Cohea that the communication from the City
Engineer, transmitting Estimate No. 7 as submitted by Brice, Petrides &
Associates, Inc., Engineers, Waterloo, Iowa, as to work and material fur-
nished by M. F. Goerdt Construction Co., Dubuque, Iowa, for the construc-
tion of Westfield -Virden Urban Renewal Project R-7, Falls Avenue Area
Street Improvements, Sewers and Incidentals, Contract No. 132, Phase I,
and recommending approval, be received, placed on file and Resolution No.
22257, approving the report and certifying payment accordingly, be
adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey9 Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
63002 - Moved by Miller, seconded by Keller that the communication from the Di-
rector of Public Works, transmitting a statement dated 11/8/72 from
Veenstra & Kimm, Consulting Engineers, for engineering services during
preparation of plans and specifications for Sewage Treatment Plant Im-
provements, Phase V, and recommending approval, be received, placed on
file and Resolution No, 22258, approving the statement of said firm and
authorizing payment in accordance therewith, be adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
63003 - Moved by Keller, seconded by Dykeman that Resolution No. 22259, BILLS,
be adopted.
On roll. call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
63004 - Moved by Miller, seconded by Cohea that the communication from Mayor
Turner submitting for Council approval the appointment of Lyle Cherry
for a four-year term to the Policemen and Firemen Pension Boards, be
received, placed on file and approved.
Motion carried.
63005 - Moved by Dykeman, seconded by Miller that the communication from the Fire
Chief requesting approval of the promotion of Marlin Buckles to the rank
of Lieutenant in the Waterloo Fire Department, effective October 31, 1972
to fillthe vacancy created by the death of Lt. Wesley Jordan, be recei-
ved, placed on file and promotion approved.
Motion carried.
63006 - Moved by Cavanaugh, seconded by Morrissey that Resolution No. 22260, a
Resolution accepting work and ordering preparation of plat and schedule
November 13, 1972
63006 - (Continued)
of assessments for the 1972 Storm Sewer Program No. 1, Contract No. 83,
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.
63007 - Moved by Morrissey, seconded by Cohea that the City Engineer's Final Plats
and Schedules of Assessments, Breakdown of Project Costs, etc. for the
1972 Storm Sewer Program #1, Contract No. 839 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.
63008 ® Moved by Dykeman, seconded by Cohea that Resolution No. 22261, adopting
and levying final schedule of assessments, and providing for the payment
thereof, be adopted, for the 1972 Storm Sewer Program #1, Contract No,
83.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
63009 m Moved by Miller, seconded by Cavanaugh that the communication from the
Electrical Inspector, transmitting a print designed by Iowa Public Ser-
vice Company and approved by his office for street lighting on Commercial
Street from West Third Street to West First Street, and recommending fix-
tures numbered 1 thru 8 be approved for installation under rental con-
tract with the Iowa Public Service Company and fixture number 9 be changed
to Lucalux-type fixture instead of White Mercury Vapor by the Electrical
Department, be received, placed on file, recommendations approved and the
Electrical Inspector instructed to proceed accordingly, and Resolution
No. 22262, ordering installation of fixtures numbered 1 thru 8 for street
lighting on Commercial Street from West Third Street to West First Street,]
be adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
63010 ® Moved by Cchea, seconded by Dykeman that the following request for per-
mission to attend the function on the date and at the location designated,
with expenses allowed not to exceed the amount shown, be received, placed
on file, approved and permission granted:
From
Attend Location
Dates
Expense
Supt. of
Sewers
6th Advanced Water
and Wastewater
Works Operators
Conference, Univer-
sity of Iowa
Iowa City,
Iowa
November 13
thru 15, 1972,
inclusive
On roll call, Cavanaugh, Cchea, Dykeman, Keller, Mabrey,
Morrissey voted Aye. Nay: None. Absent: None. Mayor
motion carried.
November 13, 1972
$102.50
Miller and
declared the
63011 - Moved by Morrissey, seconded by Cavanaugh 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 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. 22263, approving the applications, be adopted
Class C
Allen Barg dba Al°s Food Mart,221.0 Lafayette Street
We, Incorporated dba We Duck In, 2324 Idaho Street
On roll call, Cavanaugh, Cohea, Dykeman, Keller., Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
63012 Moved by Cohea, seconded by Morrissey 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 Control Department,
and duplicate copies of applications, etc., be received, placed on file,
and Resolution No, 22264, approving the application, be adopted.
Class "C"
Tol, Inc. dba Time Out Lounge, 1918 Commercial Street
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
63013 - Moved by Dykeman, 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 November 13, 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.
63014 - Moved by Miller, seconded by Cohea that the Council adjourn.
Motion carried.
November 13, 1972
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Andrew A. Blomberg,()
City Clerk
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