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HomeMy WebLinkAbout02/26/1973City Hall, Waterloo, Iowa REGULAR SESSION February 26, 1973 - 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 February 26, 1973. Mayor Turner in the Chair. Present: Councilmen Cavanaugh, Cohea, Keller, Mabrey, Miller and Morrissey. Absent: Councilman Dykeman. Councilman Glenda Mabrey offered the invocation. 63425 - Moved by Cohea, seconded by Morrissey that the Agenaa, as amended, for the Regular Session of February 26, 1973 at 7:30 P.M., be accepted and approved. Motion carried. 63426 - Moved by Cavanaugh, seconded by Mabrey that the Minutes of the Regular Session held February 20, 1973 at 7:30 P.M., be approved. Motion carried. 63427 Moved by Miller, seconded by Cohea that the communication from the City Plan and Zoning Commission reporting the revised street plan prepared by Schenk Engineering Co. in behalf of Country Manor, Inc. in conjunction with their request for rezoning from "R -1,R -P" Planned Residence District to "R-3, R -P" Planned Residence District certain real property in Section 4 -88N -13W (Prairie Meadow West, Highway #412 and Ansborough Avenue area) has been reviewed and approved by abutting property owners, and recommend- ing approval., be received, placed on file and said revised street plan approved. Motion carried. 63428 - Moved by Keller, seconded by Miller that the proof of publication of the Notice of Public Hearing on Re -zoning, upon the request of W. W. Sindlin- ger, Atty. in behalf of Country Manor, Inc., upon the recommendation of the City Planning and Zoning Commission and the City Council's own motion, to rezone certain real property located in Section 4 -88N -13W (Prairie Meadow West, Highway #412 and Ansborough Avenue area), as fully described in said Notice published in the Waterloo Daily Courier on February 8, 1973, from "R -1,R -P" Planned Residence District to "R-3, R -P" Planned Residence District, be received and placed on file. Motion carried. 63429 - Mayor Turner, 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 City Clerk reported there were no written objections, and no one ap- peared to object orally. After public hearing and no objections having been made or filed, it was moved by Cohea, seconded by Miller that an Ordinance be drawn and sub- mitted for said re -zoning, On roll call, Cavanaugh, Cohea, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Dykeman. Mayor declared the motion carried. - 2 - 63430 - An Ordinance amending Ordinance Noo 2479, as amended, by adding Sub -Sec- tion No. 40 to Section 2A-5, rezoning certain property in the City of Waterloo, Iowa, was read by the Clerk. Moved by Mabrey, seconded by Miller 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, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None, Absent: Dykeman. Mayor declared the motion carried. 63431 - Moved by Morrissey, seconded by Cohea that Ordinance No, 2623, an Ordin- ance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 40 to Section 2A-5, rezoning certain property in the City of Waterloo, Iowa, be adopted. On roll call, Cavanaugh, Cohea, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None, Absent: Dykeman. Mayor declared the ordinance adopted. 63432 - Moved by Miller, seconded by Cavanaugh that the proof of publication of the Notice of Public Hearing on Re -zoning, upon the request of Virginia Mae Eastman, Owner/Administrator, and Darryl Do Dhein, Prospective Buyer, upon the recommendation of the City Planning and Zoning Commission and the City Council's own motion, to rezone approximately 12 acres of land in NE4 NE4 Section 11 -89N -13W lying on South side of Iowa Highway No. 57 (Airline Hiway) and West of U.S. Highway No. 63 (Logan Avenue), as fully described in said Notice published in the Waterloo Daily Courier on Feb- ruary 8, 1973, from "A-1" Agricultural District to "C-1" Commercial Dis- trict, be received and placed on file. Motion carried, 63433 - 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 Cleric. The City Clerk reported there were no written objections, and no one appeared to object orally. After public hearing and no objections having been made or filed, it was moved by Keller, seconded by Cohea that an Ordinance be drawn and sub- mitted for said re -zoning. On roll call, Cavanaugh, Cohea, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Dykeman. Mayor declared the motion carried. 63434 - An Ordinance amending Ordinance Noo 2479, as amended, by adding Sub -Sec- tion Noo 41 to Section 2A-5, rezoning certain property in the City of Waterloo, Iowa, was read by the Clerk. Moved by Cohea, seconded by Keller that the rules requiring ordinance 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, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Dykeman. Mayor declared the motion carried. February 26, 1973 - 3 - 63435 - Moved by Morrissey, seconded by Cavanaugh that Ordinance No. 2624, an Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 41 to Section 2A-5, rezoning certain property in the City of Waterloo, Iowa, be adopted. On roll call, Cavanaugh, Cohea, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Dykeman. Mayor declared the ordinance adopted. 63436 - Moved by Cohea, seconded by Mabrey that the proof of publication of the Notice of Public Hearing on Re -zoning, upon the request of David Mentel, et al, upon the recommendation of the City Plan and Zoning Commissionand the City Council's own motion, to rezone five parcels of land .located on North side of East Shaulis Road and West of the C.R.I. & P. Railroad, as fully described in said Notice published in the Waterloo Daily Courier on February 8, 1973,.from "A-1" Agricultural District to "R-2" One and Two Family Residence District, be received and placed on file. Motion carried. 63437 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 City Clerk reported there were no written objections, and no one ap- peared to object orally. After public hearing and no objections having been made or filed, it was moved by Cavanaugh, seconded by Cohea that an Ordinance be drawn and sub- mitted for said re -zoning.. On roll call, Cavanaugh, Cohea, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Dykeman. Mayor declared the motion carried. 63438 - An Ordinance amending Ordinance Noo 2479, as amended, by adding Sub -Sec- tion No. 42 to Section 2A-5, rezoning certain property in the City of Waterloo, Iowa, was read by the Clerk. Moved by Miller, seconded by Mabrey that said Ordinance be recorded as having passed its first reading. On roll call, Cavanaugh, Cohea, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Dykeman. Mayor declared the motion carried. 63439 - Moved by Cohea, seconded by Morrissey that the communication from the Di- rector of Public Works, transmitting a proposal. from Elliott Equipment Company, Davenport, Iowa, to sell to the City of Waterloo, Iowa, an Elgin Whirlwind Street Sweeper Demonstrator for use by the Street Department for the amount of $19,000.00 and trade-in, and recommending acceptance, concurred by the Public Works Committee, be received, placed on file, ac- cepted and Resolution Noo 22429, approving acceptance of said proposal and authorizing the City Clerk to draw a warrant in payment thereof, be adopted. On roll call, Cavanaugh, Cohea, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Dykeman. Mayor declared the resolu- tion adopted. 63440 Police Officer Robert Trettin introduced the Junior Police, who presently have 30 members, and Everett Dewey, representative of the Optimist Club which has sponsored the Junior Police for fifteen years. February 26, 1973 - 4 63440 - (Continued) Mayor Turner recognized Darlene Dietz from Chicago, who is Councilman Miller's daughter. 63441 - Moved by Keller, seconded by Cohea that the communication from the Build- ing Official, transmitting the request of the Waterloo Tent & Awning Com- pany for permission to erect a new canopy for the restaurant entrance on West Fifth Street at the Quality Court Motel, as shown on the attached sketch, be received, placed on file, approved and permission granted. Motion carried. 63442 Moved by Cavanaugh, seconded by Morrissey that the communication from the Asst. City Attorney, transmitting a Warranty Deed dated 2/16/73 from Carl. C. and Edith E. Fagerlind, husband and wife, conveying unto the City of Waterloo, Iowa, Lot 20, Block 9, Blowers Addition for rechanneling of Blowers Creek purposes (see C.R.#63368 of 2/5/73), be received, placed on file and Resolution Noo 22430, approving and accepting said deed and directing the recording of same, be adopted. On roll call, Cavanaugh, Cohea, Keller, Mabrey, Miller and Morrissey voted Aye, Nay: None. Absent: Dykeman. Mayor declared the resolution adopted. 63443 - Moved by Miller, seconded by Keller that the communication from the Build- ing Official, transmitting Contract and Bond of J. L. Rooff, Jr. Excavat- ing for Demolition of Old Buildings, Demolition Contract No. B-25, be re- ceived, placed on file and Resolution No, 22431, approving said Contract and Bond, be adopted. On rol.1 call, Cavanaugh, Cohea, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Dykeman. Mayor declared the resolu- tion adopted. 63444 - Moved by Morrissey, seconded by Cohea that the communication from the Community Development Administrator, transmitting appraisal contracts between the City of Waterloo and S. DeWayne Guernsey and Jack Beaton for property on Black Hawk Street, to be utilized as part of the UMTA Project No. IOWA -03-0009, where the new bus barn is to be located, be received, placed on file and Resolution No. 22432, approving said con- tracts, be adopted. On roll call, Cavanaugh, Cohea, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Dykeman. Mayor declared the resolu- tion adopted. 63445 An Ordinance amending Chapter 36, Vehicles for Hire, Division 4, Rates and Fares, was read by the City Clerk. Moved by Cohea, seconded by Mabrey that said Ordinance be recorded as having passed its third reading (the first having passed under C.R. # 63397 of 2/12/73 and the second under COR.# 63413 of 2/20/73) and now placed on its final adoption. On roll call, Cavanaugh, Cohea, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Dykeman. Mayor declared the motion carried. 63446 - Moved by Mabrey, seconded by Miller that Ordinance No. 2625, an Ordinance amending Chapter 36, Vehicles for Hire, Division 4, Rates and Fares, be adopted. February 26, 1973 5 63446 - (Continued) On roll call, Cavanaugh, Cohea, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Dykeman. Mayor declared the ordinance adopted. 63447 - Moved by Keller, seconded by Miller that Resolution No. 22433, BILLS, be adopted. On roll call, Cavanaugh, Cohea, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Dykeman. Mayor declared the resolution adopted, 63448 - Moved by Cohea, seconded by Keller that the report of the Building Offi- cial submitting a list of several addresses, together with cost of demo- litions, in the City of Waterloo, Iowa, Demolition Contract No. B-24, be received, placed on file, approved and Resolution No. 22434, making assessments for the demolitions and instructing the City Clerk to certi- fy said assessments to the Black Hawk County Auditor, be adopted. On roll call, Cavanaugh, Cohea Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Dykeman. Mayor declared the resolu- tion adopted. 63449 - Moved by Morrissey,seconded by Cavanaugh that the following request for permission to attend the function on the date and at the location desig- nated, 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 Effective Zoning Madison, Official. Administration Wisconsin Seminar March 12 & $34.00. $55.00 13, 1973.registration On roll call, Cavanaugh, Cohea, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Dykeman. Mayor declared the motion carried. 63450 - Planning Director Robert Gunderson reported there is to be redevelopment of Smitty's Trailer Court Moved by Cohea, seconded by Mabrey that the following application, to- gether with bond and fee, for renewal of City Permit to operate a Mobile Home Park at the location designated, be received, placed on file and action delayed for one week to see if redevelopment will be made: Community Mortgage and Investment Co. dba Smitty's Mobile Home Village, 1531. Sager Avenue Motion carried. 63451 - Moved by Cavanaugh, 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 applications and for- warded to the Iowa Beer and Liquor Control Department with certified fee receipts, duplicate copies of the applications, etc., be received, pla- ced on file, and Resolution No. 22435, approving the applications, be adopted: February 26, 1973 6 63451 - (Continued) Class "B" Mildred H. Smidt dba Millie's Tap & Cafe, 220 East Fifth Street Class "C" Kenneth A. Keesy and Eugene F. Trainor dba Superette, 615 Independence Avenue William Goldstein dba Hollandale Grocery & Market, 1955 Washington Street Superette, 1761 Independence Avenue dba Hy -Vee Food Store #2, 950 West Parker Street dba Hy -Vee Food Store #1, 306 Byron Street Walter & Kenneth Hamilton dba Hamilton's Hy -Vee Food Stores, Inc. Hy -Vee Food Stores, Inc. On roll call, Cavanaugh, Cohea, Keller, Mabrey, Miller and Morrissey voted Aye, Nay: None. Absent: Dykeman. Mayor declared the resolu- tion adopted; 63452 - Moved by Mabrey, 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 iss- uance 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, 22436, approving the applications, be adopted:. Class "A" Knights of Pythias-Furgerson Lodge #5, 244 Ash Street Class "C" Maurice J. Harn dba The Stable, 2022 Bopp Street On roll call, Cavanaugh, Cohea, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None,. Absent: Dykeman. Mayor declared the resolution adopted. 63453 - Moved by Morrissey, seconded by Cavanaugh that the communication from James J. Burke dba West 9th Street Grocery, requesting transfer of Class "C" Beer License #981 and Cigarette License #2898, from 1206 West 9th Street to 923 West 3rd Street, Waterloo, Iowa, be received, placed on file and Resolution Noe 22437, approving change of address of said Beer and Cigarette Permits in the City of Waterloo, Iowa, be adopted. On roll call, Cavanaugh, Cohea, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Dykeman. Mayor declared the resolution adopted. 63454 - Moved by Cohea, seconded by Morrissey the report of the City Attorney, advising that the bonds filed with the City Clerk up to the close of business on February 26, 1973, as shown on the list attached to said re- port, have been approved by him, be received, placed on file, and the re- port and bonds approved. Motion carried. 63455 - Moved by Miller, seconded by Cohea that the Council adjourn. Motion carried. February 26, 1973 Andrew A. Blomberg, City Clerk