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Home My WebLink About12/26/1972City Hall, Waterloo, Iowa REGULAR SESSION December 26, 1972 - 7:30 P. 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 December 26, 1972. Mayor Turner in the Chair. Present: Councilman Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey. Absent: None. Councilman Charles Dykeman offered the invocation. 63179 - Moved by Cohea, seconded by Dykeman that the Agenda, as amended, for the Regular Sess ion of December 26, 1972 at 7:30 P.M., be accept- ed and approved. Motion carried. 63180 - Moved by Morrissey, seconded by Miller that the Minutes of the Regu- lar Session held December 18, 1972 at 7:30 P.M., be approved Motion carried. 63181 - Moved by Keller, seconded by Cavanaugh that the proof of publication of the Notice of Hearing on Proposed Amended Budget 1972, as pub- lished in the Waterloo Daily Courier on December 14, 1972, be re- ceived and placed on file. Motion carried. 63182 - The Mayor announced the time had arrived to hear objections, if any, and asked if any one present wished to be heard or make objection, or if there were any written objections filed with the Clerk. After public hearing on the proposal to amend the 1972 Budget as published in the Waterloo Daily Courier on December 14, 1972, and no objections having been made or filed, it was Moved by Miller, seconded by Keller that the 1972 Budget be amended by changing the proposed expenditures as listed in the Fund From To General $1,215,193 $1,315,193 Street 512,136 1,302,136 Public Safety 2,853,058 3,173,058 Sanitation 710,266 2,210,266 Waterloo Castle Hill Debt Service 1,569,959 1,935,209 Tort Liability 140,000 200,000 Waterloo Debt Service 315,761 326,361 Road Use Tax 1,102,000 1,340,000 Revolving 150,000 325,000 to be paid from increased cash balances not budgeted or considered and receipts not anticipated in the Budget; the amendment not to in- crease the tax collection in 1972, that the Auditor and Clerk be directed to correct his records accordingly and to certify a copy of this amendment to the County Auditor of Black Hawk County and the State Comptroller. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the motion carried. - 2 - 63183 - Moved by Miller, seconded by Mabrey that the proof of publication of the notice of public hearing to vacate and convey to the Waterloo Community School District one block of Fremont Street between Pine Street and vacated Cascaden Street, in the City of Waterloo, Iowa, as more fully described in the publication in the Waterloo Daily Courier on November 30 and December 7, 1972, be received and placed on file. Motion carried. 63184 - 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 Cavanaugh, seconded by Morrissey that an Ordinance be drawn and submitted vacating one block of Fremont Street between Pine Street and vacated Cascaden Street, as fully described in the published notice in the Waterloo Daily Courier on November 30 and December 7, 1972. Motion carried. 63185 - An Ordinance vacating a certain portion of Fremont Street in the Iowa-OSC-39 (DL) Open Spaces Project in the City of Waterloo, Black Hawk County, Iowa, was read by the Clerk. Moved by Dykeman, seconded by Cohea that the rules requiring ordin- ances to be read in full on three separate days be suspended, said Ordinance 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. 63186 - Moved by Mabrey, seconded by Miller that Ordinance No. 2618, an Ordinance vacating a certain portion of Fremont Street in the Iowa OSC-39(DL) Open Spaces Project in the City of Waterloo, Black Hawk County, Iowa, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the ordinance adopted. 63187 - Moved by Morrissey, seconded by Dykeman that Resolution No. 22334, a resolution authorizing the conveyance of one block of Fremont Street between Pine Street and vacated Cascaden Street in the City of Waterloo, Iowa, to the Waterloo Community School District, and directing and authorizing the Mayor and City Clerk to execute and deliver a deed for said property, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None Mayor declared the resolution adopted. 63188 - Mayor Turner recognized the Students from Central High School who were in attendance at the meeting. December 26, 1972 - 3 - 63189 - Moved by Keller, seconded by Cohea that the communication from the City Plan and Zoning Commission, transmitting the request from W. W. Sindlinger, Attorney, in behalf of Country Manor, Inc., et al, for the City Council on its own motion to rezone certain real property located in Section 4 -88N -15W (Prairie Meadow West, Highway #412 and Ansborough Avenue area), in the City of Waterloo, Iowa, from "R-1, R -P" Planned Residence District to "R-3, R -P" Planned Residence District, as shown on the attached plat and described in Exhibit "A", and recommending approval of said rezone and the concept of the overall plan for the South part of the City, as presented, as a guide for the future land use and zoning of the area covered by a. study prepared by Schenk Engineering Company, be received, placed on file, recommendations approved and date of hearing set as January 15, 1973 at 7:30 P,M. and the City Clerk instructed to publish the necessary notice. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None, Absent: None, Mayor declared the motion carried, 63190 - Moved by Keller, seconded by Mabrey that the communication from the City Plan and Zoning Commission, transmitting the request from Richard H. Young, for the City Council on its own motion to rezone Lots 52, 53 and 54 in Southgate Third Addition (NE cor. of Park Lane and Brockway Road), in the City of Waterloo, Iowa, from "R-4" Multi- ple Residence District to "S-1" Shopping Center, as shown on the attached print, together with petition of consent of property owners within 250' of said lots, and recommending approval, be received, placed on file, recommendations approved and date of hearing set as January 15, 1973 at 7:30 P.M. and the City Clerk instructed to pub- lish the necessary notice. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay. None. Absent: None. Mayor ceclar- ed the motion carried. 63191 - Moved by Cohea, seconded by Morrissey that the communication from the City Engineer, transmitting five (5) copies of Iowa State High- way Commission Application Form #559 from Vickers Refining Company, Wichita, Kansas, requesting permission to construct two 35" Type "B" (Service Station) entrances to U.S, 218 at Sta. 401+35 and Sta. 402+32, both on the westerly side, both southerly from Seventh St- reet, as shown on the attached print, and recommending approval, be received, placed on file, approved and the Mayor and City Clerk authorized to sign said application in behalf of the City of Water- loo, Iowa. Motion carried. 63192 - Moved by Miller, seconded by Dykeman that the communication from the Asst. City Attorney, transmitting a Warranty Deed dated 12/15/72 from Wendell P. Lockard and Arlyne M. Lockard conveying unto the City of Waterloo, Iowa, certain real property located in NE4 of Sec- tion 10 -89N -13W for street purposes (SW cor. of Iowa Hwy. #57 and Burton Avenue), be received, placed on file and Resolution No. 22335, approving and accepting said deed and directing the recording of same, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay None. Absent: None. Mayor declared the resolution adopted. December 26, 1972 - 4 - 63193 - Moved by Miller, seconded by Dykeman that Permit No. 72-332-S for 356' of 8" SIDP. for Eethel Addition in the City of Waterloo, Iowa, from the Iowa State Department of Health, subject to certain condi- tions and requirements, be received and placed on file. Motion carried. 63194 - Moved by Morrissey, seconded by Cohea that the communication from the Iowa State Department of Health transmitting a new rule 2.1(1) relating to the State Plumbing Code adopted by the Iowa State Plumb- ing Code Committee on 12/1/72. approved by the Departmental Rules Review Committee on 12/12/72 and effective the same date, together with copy of letter from the Department of Housing and Urban Develop- ment, be received, placed on file and referred to the Plumbing Code Committee. Motion carried. 63195 - Moved by Dykeman, seconded by Miller that the Service Contract for Sewage Treatment Plant Improvements Phase IV dated 12/5/72 between Wells Electric Inc. and Service Construction Co., to provide three annual inspections and reports on major equipment supplied and in- stalled by the Service Construction Co., be received, placed on file and approved. Motion carried. 63196 - An Ordinance amending Ordinance No. 2479, as amended, by adding Sub - Section No. 36 to Section 2A-5, rezoning certain property in the City of Waterloo, Iowa, was read by the City Clerk. Moved by Dykeman, seconded by Miller that the rules requiring ordi- nances to be read in full on three separate days be suspended, that said ordinance be recorded as having passed its second and third read- ings (the first having passed under C.R. #63154 of 12/18/72) 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, 63197 - Moved by Miller, seconded by Keller that Ordinance No. 2619, an Or- dinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 36 to Section 2A-5, rezoning certain property 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 ordinance adopted. 63198 - Moved by Miller, seconded by Cohea that the communication from the Asst. City Attorney, reporting Ordinance No. 2599, adopted 6/12/72, rezoning certain real property in the City of Waterloo, Iowa, from "R-2" One and Two Family Residence District to "R-3" Multiple Resi- dence District, requested by Montrose Manor, Inc.., showed the wrong legal description, and transmitting a proposed "Ordinance amending Ordinance No. 2599 by repealing the legal description and substitu- ting in lieu thereof a new legal description", be received and placed on file. Motion carried. December 26, 1972 - 5 - 63199 - An Ordinance amending Ordinance No. 2599 by repealing the legal description and substituting in lieu thereof a new legal description, was read by the City Clerk. Moved by Cohea, seconded by Morrissey that the rules requiring ordi- nances to be read in full on three separate days be suspended, that said ordinance 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. 63200 - Moved by Miller, seconded by Cohea that Ordinance No. 2620, an Or- dinance amending Ordinance No. 2599 by repealing the legal description and substituting in lieu thereof a new legal description, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the ordinance adopted. 63201 - Moved by Dykeman, seconded by Miller that Resolution No. 22336, a resolution authorizing the transfer of the funds in the Special As- sessment Sinking Fund to the Street Fund and Sanitation Fund 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. 63202 - Moved by Cohea, seconded by Cavanaugh that Resolution No. 22337, a resolution transferring from the Liquor Profit Fund the sum of One hundred seventy three thousand dollars ($173,000,00), One hundred twenty three thcusand dollars ($1239000,00) to the General Fund and Fifty thousand dollars ($50,006,00) to the Tort Liability Fund, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller., Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 63203 - Moved by Mabrey, seconded by Keller that Resolution No. 22338, a resolution authorizing the transfer from the Federal Revenue Sharing Fund to the Waterloo -Castle Hill Debt Service Fund and Public Safety Fund, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent. None. Mayor declared the resolution adopted. 63204 - Moved by Miller, seconded by Keller that Resolution No. 22339, a reso- lution amending Resolution No. 21694, allocating estimated revenue from tax levies, receipts from other sources, estimated unincumbered balances and contemplated transfer of funds for Calendar Year 1972, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. December 26, 1972 - 6 - 63205 - Moved by Mabrey, seconded by Miller that the communication from the Community Development Administrator, reporting on HUD's technical re- view of the City's application for Neighborhood Facilities Center Grant Project No. IA -N-009, stating that the City's one-third share of project cost will be increased by $22,304, making City's total share 5253,304, and transmitting a proposed "Resolution authorizing filing of an application for Neighborhood Facilities Grant in and for the City of Waterloo, Iowan", be received, placed on file and Resolu- tion No. 22340, authorizing the filing of said application, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 63206 - Moved by Miller, seconded by Cohea that the Completion Report of the Building Official as to the work and materials furnished by Chas. Mauser & Sons, Inc., Waterloo, Iowa, Contractors. for the Remodeling of Basement of City Hall, Contract No. B-22, and recommending approv- al, be received, placed on file and Resolution No. 22341, approving the report, accepting the work and authorizing payment in full ac- cordingly, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Ave. Nay: None. Absent: None. Mayor declared the resolution adopted. 63207 - Moved by Dykeman, seconded by Morrissey that the communication from the City Engineer, transmitting a statement dated 12/8/72 from Brice, Petrides & Associates„ inc., for construction staking, resident in- spection and testing services in connection with the Maywood Sanitary and Storm Sewers, WS-Icwa-70, Component II, Contract No. 162, and re- commending approval, be received, placed on file and Resolution No. 22342, approving the statement of said firm and authorizing payment accordingly, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None Absent: None Mayor declared the resolution adopted. 63208 - Moved by Keller, seconded by Miller that Resolution No. 22343, BILLS, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Nene. Mayor declared the resolution adopted. 63209 - Moved by Dykeman, seconded by Miller that the communication from Mayor Turner submitting for Council approval the reappointment of Dr. Robert E. Morrison and C. T. Marsau, and the appointment of Thomas L Staack to the Waterloo Recreation Commissions, for three-year terms to expire October 1, 1975, be received, placed on file and said reap- pointments and appointment, approved. Motion carried. December 26, 1972 - 7 - 63210 - Moved by Morrissey, seconded by Cavanaugh that the following request for permission to attend the function on the dates and at the loca- tion designated, with expenses allowed not to exceed the amount shown, be received, placed on file, approved and permission granted: From Attend Location Dates Ex.ense Building Official & llth Annual Bldg.Cedar Ra - two Bldg. Inspectors Code Seminar of pids, Iowa Chapter of Iowa International Conference of Bldg. Officials January 10 $86.00 thru 12, each 1973, in- mileage elusive On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the motion carried. 63211 - Moved by Cavanaugh, seconded by Mabrey that the following applications, together with bonds and fees, for renewal of City Permits to operate Mobile Home Parks at the locations designated, be received, placed on file and approved: LaVerne Droste dba Woodland Terrace, Inc., 1864 and 1850 Independence Avenue Golden Acres Retirement Village, 15 Butternut Lane Motion carried. 63212 - Moved by Dykeman, seconded by Miller that the following application, together with doctor's certificate and approval of the Chief of Po- lice, for taxicab drivers license, be received, placed on file and the license granted: Arlene Mary Lee, 412 - 3rd Avenue S,E0, Independence, Iowa Motion carried. 63213 - Moved by Cohea, seconded by Morrissey 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 applica- tions and forwarded 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. 22344, approv- ing the applications, be adopted: Class Lloyd L. Mundt dba Lloyd's Service Store, 917 Burton Avenue Ronald D. Adams dba Adams, 1010 Mitchell Avenue On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 63214 - Moved by Keller, seconded tions, bonds and fees for designated in the City of approved for the issuance December 26, 1972 by Morrissey that the following applica- Beer and Liquor Permits at the locations Waterloo, Iowa, be, and the same are hereby of licenses, that the approval be endorsed 8 63214 - (Continued) 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. 22345, approv- ing the applications, be adopted: Class "C" George E. Waddell dba The Corner Tap, 108 Jefferson Street Richard D. Van Arsdale dba Chicago Lounge, 809 East Fourth Street On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None Mayor declared the resolution adopted. 63215 - Moved by Cohea, seconded by Mabrey that the following application for dance license, approved by the Building Official, Fire Chief and Police Chief, together with $25.00 fee, be received, placed on file and granted: George E. Waddell dba The Corner Tap, 108 Jefferson Street Motion carried. 63216 - Moved by Cavanaugh, seconded by Cohea that the following application and bond for permission to sell cigarettes at the location as desig- nated, in the City of Waterloo, Iowa, be received, placed en file, the bond approved and permit granted: Wilford J. Ayres dba Reber Avenue Grocery, 600 Reber Avenue. Motion carried. 63217 - Moved by Cohea, seconded by Mabrey that the report of the City At- torney, advising that the bonds filed with the City Clerk up to the close of business on December 26, 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. 63218 - Moved by Miller, seconded by Cohea that the Council adjourn. Motion carried. Andrew A. Blomber4 City Clerk December 26, 1972 A m c: n �• cr K t G] r N c; r �Cflrt u l=JN N (n rt v. r 1 H 0 0 0 • Z'. W H 0 0 Pt Po