HomeMy WebLinkAbout12/08/1975t % '4N
DECEMBER 8, 1975
The Council of City of Waterloo, Iowa, met in Regular Session in Council
Chambers in City Hall at 7:00 P.M. on December 8, 1975. Mayor Rooff in the
Chair. On roll call, Present: Berdell, Geiger, Getty, Keller, Lichty,
Roehr and Wilharm. Invocation by Councilman Geiger.
69117 - Moved by Roehr, seconded by Getty that the Agenda, as proposed, for
the Regular Session of December 8, 1975 at 7:00 P.M., be accepted
and approved. Motion carried.
69118 - Moved by Getty, seconded by Roehr that Minutes of the Regular Ses-
sions held November 24, 1975 and December 1, 1975, at 7:00 P.M., be
approved. Motion carried.
69119 - Moved by Roehr, seconded by Lichty that proof of publication of.
Notice of Hearing on proposed specifications and proposed contract
for the Demolition of the Old Building at 127-129 East Fourth Street,
Contract No. B-36, be received and placed on file. Motion carried.
69120 - The Mayor announced the time had arrived to hear obiections, and
called for oral and written objections. No objections were made or
filed.
Moved by Geiger, seconded by Getty that "Resolution confirming speci-
fications, form of contract, estimated cost, etc. for the Demolition
of Old Building at 127-129 East Fourth Street, Contract No. B-36",
be adopted. Ayes: Seven. Resolution adopted and upon approval by
Mayor, assigned No. 24343 in official resolution book.
69121 - Moved by Wilharm, seconded by Roehr that "Resolution ordering the
demolition of Old Building. at 127-129 East Fourth Street, Contract
No. B-36", be adopted. Ayes: Seven. Resolution adopted and upon
approval by Mayor, assigned No. 24344 in official resolution book.
69122 - Moved by Wilharm, seconded by Roehr that following bids be received,
placed on file, Clerk instructed to open same and referred to the
Building Official for checking and report back: Anderson Excavating,
and Wrecking Co., Omaha, Nebraska, $19,449.00; C. S. Fhinger,
Kansas City, Missouri, $72,200.00; Dore Wrecking Co., Kawkawlin,
Michigan, $36,800.00. Motion carried.
69123 - Moved by Roehr, seconded by Getty that proof of publication of Notice
of Proposal to Dispose of Real Estate known as old #2 Fire Station.
at 716 Commercial Street, NW 40' of Lot 2, Block 9, OPTJ, as publish-
ed in the Waterloo Daily Courier on November 20, 1975, to the highest
bidder, be received and placed on file. Motion carried.
69124 - City Clerk Gibbs reported the bid of Dan Balabon Bldg. Co., Inc.,
Waterloo, was received after the 12:00 o'clock noon deadline for re-
ceiving of bids.
Moved by Roehr, seconded by Geiger that the above sealed bid not be
considered, and be returned unopened to the Dan Balabon Bldg. Co.,
Inc. Motion carried.
69125 - The Mayor announced the time had arrived to hear objections, and
called for oral and written objections. There were no objections
made or filed.
Moved by Roehr, seconded by Getty that the following bids, together
with deposits, be received, placed on file, and Clerk instructed to
open same: Community Mortgage & Investment Co., $21,555.00, Deposit
$2,155.50; Runyan Construction Co., $2.3,250.00, Deposit $1,000.00;
Vern D. Nelson and Donna Nelson, $20,000.00, Deposit $100.00.
Motion carried.
69126 - The full deposit requirement as published in the notice was discussed.
Property Administrator Parsons recommended waiving of the require-
ment, stating real estate procedure was 10% with offer. City
Attorney Smith pointed out the Runyan offer didn't specify the reten-
tion of the building in its present form with no alterations, and
was informed that all bidders had stated thev would do this.
Moved by Keller, seconded by Wilharm that the full deposit require-
ment as published in the notice be waived and "Resolution accepting
the bid of Runyan Construction Company, Cedar Falls, Iowa, in the
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69126 - (Continued)
_11N
amount of $23,250.00, approving and authorizing the sale and convey-
ance of old #2 Fire Station, 716 Commercial Street, NW 40' of Lot 2,
Block 9, OPW, as fully described in the Notice of Proposal to Dis-
pose of Real Estate published in the Waterloo Daily Courier on
November 20, 1975, with the exterior of the structure to remain un-
changed,and directing and authorizing the Mayor and City Clerk to
execute and deliver a deed for said property", adopted and the City
Clerk instructed to return the deposits of the unsuccessful bidders.
Ayes: Seven. Resolution adopted and upon approval by Mayor, assign-
ed No. 24345 in official resolution book.
69127 - The Building Official recommended acceptance of the low bid of
Anderson Excavating and Wrecking Co. of Omaha, Nebraska in the amount
of $19,449.00 for Demolition of Old Building at 127-129 East Fourth
Street, Contract No. B-36.
Moved by Getty, seconded by Lichty that the above recommendation be
received, placed on file and "Resolution accepting bid of Anderson
Excavating and Wrecking Co. of Omaha, Nebraska in the amount of
$19,449.00 for Demolition of Old Building at 127-129 Fast Fourth
Street, Contract No. B-36", adopted. Ayes: Seven. Resolution
adopted and upon approval by Mayor, assigned No. 24346 in official
resolution book.
69128 - Moved by Roehr, seconded by Getty that proof of publication of
Notice of Proposal to Dispose of Real Property in Block 29, "West-
field", as published in the Waterloo Daily Courier on November 20,
1975, to Hawkeye Steel Products, Inc., for the sum of $100.00 plus
costs, be received and placed on file. Motion carried.
69129 - The Mayor announced the time had arrived to hear objections, and
called for oral and written objections. No objections were -made or
filed.
Moved by Getty, seconded by Roehr that "Resolution approving and
authorizing sale and conveyance of certain real property in Block 29,
"Westfield", as published in the Waterloo Daily Courier on 11/20/75,
to Hawkeye Steel Products, Inc. for $100.00 plus costs, and direct-
ing and authorizing the Mayor and City Clerk to execute and deliver
a deed for said property", be adopted. Ayes: Seven. Resolution
adopted and upon approval by Mayor, assigned No. 24347 in official
resolution book.
69130 - Moved by Roehr, seconded by Geiger that proof of publication of
notice of public hearing on proposal to vacate a portion of a cer-
tain easement, being N 118' of S 126' of W 2' of easement lying
along E line of Lot 18, Oak Park Second Addition, as published in
the Waterloo Daily Courier on November 28, 1975, be received and
placed on file. Motion carried.
69131 - The Mayor announced the time had arrived to hear objections, and
called for oral and written objections. No objections were made or
filed.
Moved by Roehr, seconded by Wilharm that "Ordinance vacating a por-
tion of a certain easement, being N 118' of S 126' of W 2' of ease-
ment lying along E line of Lot 18, Oak Park Second Addition", be
considered the rules requiring ordinances to be considered and voted
on at two prior meetings, suspended, said Ordinance recorded as hav-
ing been considered and passed for the first, second and third times,
and now placed on its final adoption subject to report of City En-
gineer on exact location of sewer. Ayes: Seven. Motion carried.
69132 - Moved by Wilharm, seconded by Lichty that "Ordinance vacating a
portion of a certain easement, being N 118' of S 126' of W 2' of
easement lying along E line of Lot 18, Oak Park Second Addition", be
adopted subject to report of City Engineer on exact location of sewer.
Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned
No. 2780 in official ordinance book.
69133 - Moved by Roehr, seconded by Getty that proof of publication of
notice of public hearing on proposal to sell Disposal parcel No.
J-13, 212 Columbia Street, and Disposal Parcel No. J-30,
December 8, 1975
I -N ''1*111
3 -
69133 - (Continued)
209 Park Road, Westfield -Virden Urban Renewal Area, Project No. Iowa
R-7, as published in. the Waterloo Daily Courier on October 30, 1975,
to Waterloo Chamber of Commerce, be received and placed on file.
Motion carried.
691.34 - The Mayor announced the time had arrived to hear objections, and
called for oral and written objections. No objections were made or
filed.
Moved by Roehr, seconded by Getty that "A resolution approving the
sale of Disposal Parcel No. J-13 and Disposal Parcel No. J-30 in
the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, and
authorizing the execution of the necessary contract for sale of land
for private redevelopment and deed", be adopted. Ayes: Berdell,
Geiger, Getty, Keller and Roehr. Nay: Wilharm. Abstained: Lichty.
Resolution adopted and upon approval by Mayor, assigned No. 24348
in official resolution book.
69135 - Moved by Roehr, seconded by Geiger that proof of publication of
notice of public hearing on proposal to sell Disposal Parcels No. 45,
30A and 24F, 33B, 24G and 12A in the Logan Avenue Urban Renewal Area,
Project No. Iowa R-2, 414 Saxon Street, 510 Logan Avenue, 423 Almond
Avenue, 600 Logan Avenue, 127 Quincy Street, as published in the
Waterloo Daily Courier on October 30, 1975, to Waterloo Chamber of
Commerce, be received and placed on file. Motion carried.
69136 - The Mayor announced the time had arrived to hear objections, and
called for oral and written objections. No objections were made or
filed.
Moved by Roehr, seconded by Keller that "A resolution approving the
sale of Disposal Parcel No. 45, 30A and 24F, 33B, 24G, and 12A in
the Logan Avenue Urban Renewal Area, Project No. Iowa R-2, and
authorizing the execution of the necessary contract for sale of land
for private redevelopment and deed", be adopted. Ayes: Berdell,
Geiger, Getty, Keller and Roehr. Nay: Wilharm. Abstained: Lichty.
Resolution adopted and upon approval by Mayor, assigned No. 24349 in
official resolution book.
69137 - Moved by Getty, seconded by Lichty that proof of publication of the
"Notice of Public Hearing" on the Budget Estimate for the Waterloo
Water Works, City of Waterloo, Iowa, for the Calendar Year 1976, be
received and placed on file. Motion carried.
69138 - The Mayor announced the time had arrived to hear objections, and
called for oral and written objections. No,were made or
filed.
Moved by Lichty, seconded by Wilharm that the Budget for the Waterloo
Water Works, City of Waterloo, Iowa, for the Calendar Year 1976 be
approved and adopted as previously read and published in the Water-
loo Daily Courier on November 20, 1975, and it shall be as hereinafter
stated in the Budget Summary Certificate, and the City Clerk be and
she is hereby instructed to file the adopted Waterloo Water Works
1976 Budget with the County Auditor as provided by law, said Budget
being in words and figures as shown on the following page...
(See Page 4)
Ayes: Seven. Motion carried.
69139 - Moved by Getty, seconded by Geiger that the following sealed in-
formal bids for one Pumping Engine for use by the Fire Department,
be received, placed on file, Clerk instructed to open same and re-
ferred to the Fire Chief to check with a report back: American
LaFrance, Elmira, New York, $66,691.00, Alternate, $64,733.00; Ward
LaFrance Truck Corporation, Elmira Heights, New York, $63,661.00.
Motion carried.
69140 - Mayor Rooff recognized the membersoi Boy Scout Troop No. 116 of
Black Hawk School who were in attendance.
69141 - Councilman Roehr presented a petition with 181 signatures for clos-
ing of "No Sauce Inn", 2222 Falls Avenue, to minors, as it was
detrimental to youth and a public nuisance.
December 8, 1975
November 12, 1975
WATERLOO WATER WORKS 1976 BUDGET
Total Budget Broken-down To Classification By Object
Estimated Balance January 1, 1976 $577,800.
1-1-76 to 7-1-76 to
REVENUE 1974 1975* 6-30-76 12-31-76
Water Raceipts $1,314,657.52 $1,361,876. $624,000. $676,000.
Other Revenue 86,459.16 103,453. 61,000. 31,850.
Won -Operating 000:
Revenue 41,637.10 47,820. 24,000. 16,
Total $1,442,753.78 $1,513,149. $709,000. $723,850. Q1,132,950.
DISBURSEMENTS
Personal Services 412,013. 422,27^. 216,263. 260,000.
Contractual 123,000. 123,000. 61,500. 30,000.
Co;^modities 399,454. 316,?93. 117,266. 144,971.
Sub Total 934,467. 862,263. 395,029. 434,971.
Capital Outlay 363,947.07 459,000.00 261,986. 513,224.
Total $1,298,414.07 $1,321,263.00 $657,015. $948,195. ,605,21..
Estimated Balance December 31, 1976 $405,440.
*1975 amounts included estimated quantities for the Fourth Quarter
l BOARD OF WATERLOO WATER WORKS TRUSTEES
",PPROVED NOVEMBER 12, 1975 Resnectfullv submitted,
Chairman
Zk�lice-Chairman
Trustee V 1'e Reed Craf
General Manager
„ON
69141 - (Continued)
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Moved by Roehr, seconded by Lichty that the above petition be re-
ceived and placed on file. Motion carried.
69142 - W. Louis Beecher, Atty. presented on behalf of Deere & Company a re-
quest for annexation of land east of Waterloo for the purpose of
getting the land into the City limits and to start rezoning proceed-
ings. He briefly outlined the area to be annexed, approximately
1297 acres, and presented petitions signed by the property owners in
that area. He stated they were asking for rezone of all but 240
acres of the tract; the building proposed would come up the railroad
tracks and development would start from the Southeast corner and
work into the tract.
Moved by Roehr, seconded by Lichty that the petition from W. Louis
Beecher, Atty. in behalf of Deere & Company, requesting voluntary
annexation to the City of Waterloo, Iowa, of a parcel of land in
Sections 16, 17, 21, Township 89 North, Range 12 West of 5th P. M.
as shown on attached map and legally described in the said petition,
for approximately 1297 acres abutting the present City limits and
located in Sections 16, 17, 21, Township 89 North, Range 12 West of
5th P . M be received and placed on file. Motion carried.
69143 - Mayor Rooff called for objections, and there being none, read the pro-
posed resolution of annexation of certain land in Sections 16, 17,
21 -89N -12W.
Moved by Getty, seconded by Lichty that "Resolution annexing real
estate to the City of Waterloo, Iowa", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 2.4350 in
official resolution book.
69144 - W. Louis Beecher, Atty. for Deere & Company and owners of certain
real property in Sections 16, 17, 21 -89N -12W, reported, a petition for
rezoning from "A-1" Agricultural District to "M-2” Planned Industrial
District had been filed with the Plan & Program Commission, with a
meeting scheduled for December 9, 1975, and requested a date of hear-
ing by the.Council be set for December 26, 1975 at 12:00 o'clock
noon.
Moved by Roehr, seconded by Geiger that the request of W. Louis
Beecher, Atty. for Deere & Company and owners, for the Council on its
own motion to rezone from "A-1" Agricultural District to "M-2" Planned
Industrial District, certain real property described as all Section
16; North 2 Section 17; East 2 of SE,, of Section 17; and that part of
East 2 of NE, of Section 21; lying North of Chicago, Great Western
Railroad; all in Township 89 North, Range 12 West of 5th P.M. as
shown on attached print, in the City of Waterloo, Iowa, be received,
placed on file, date of hearing set as December 26, 1975 at 12:00
noon and the clerk instructed to publish the necessary notice. Ayes:
Seven. Motion carried.
69145 - Building Official Tusler presented bids for Demolition of Building
at 325 Courtland Street from (1) J. L. Rooff, Jr. Excavating Company
$1,000.00, (2) Earl Hanson Excavating $1,825.00, (3) Waterloo Asphalt
Company $2,500.00, and recommended the bid of J. L. Rooff, Jr. Ex-
cavating Company in the amount of $1,000.00 be accepted with demoli-
tion to start immediately and completed by the first of year.
Moved by Getty, seconded by Lichty that the above bids and recommenda-
tion, be received, placed on file and "Resolution accepting the bid
of J. L. Rooff, Jr. Excavating Company in the amount of $1,000.00 for
the Demolition of Building at 325 Courtland Street", adopted. Ayes:
Seven. Resolution adopted and upon approval by Mayor, assigned No.
24351 in official resolution book.
69146 - Moved by Keller, seconded by Roehr that request of Gollehon, Schemmer
& Associates, Inc. for 7 -Eleven Food Stores, 1105 Cedar Bend, for
permission to construct two 36' commercial curb cuts, as shown on at-
tached plat, and City Engineer's recommendations for approval subject
to the provisions of his letter, be received, placed on file, recom
mendations approved and permission granted in accordance therewith at
no cost to the City. Motion carried.
December 8, 1975
""161 11*1.1
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69147 — Moved by Roehr, seconded by Geiger that request of Gollehon, Schemmer
& Associates, Inc. for 7 -Eleven Food Stores for permission to widen
the existing drive at 504 Riehl Street and to close one driveway,as
shown on attached plat, and City Engineer's recommendations for ap-
proval subject to the provisions of his letter, be received, placed
on file, recommendations approved and permission granted in accord-
ance therewith at no cost to the City. Motion carried.
69148 - Moved by Roehr, seconded by Wilharm that request of Gollehon, Schemmer
& Associates, Inc. for 7 -Eleven Food Stores, for permission to con-
struct one 36' and one 26' commercial curb cuts and to close two
existing curb cuts, at 2302 Falls Avenue, as shown on attached plat,
and City Engineer's recommendations for approval subject to the pro-
visions of his letter, be received, placed on file, recommendations
approved and permission granted in accordance therewith at no cost
to the City. Motion carried.
69149 - Moved by Wilharm, seconded by Roehr that request of Gollehon, Schemmer
& Associates, Inc. for 7 -Eleven Food Stores for permission to con-
struct one 36' and one 39' commercial curb cuts, and to close three
existing drives at 1309 Lafayette Street, as shown on attached plat,
and City Engineer's recommendations for approval subject to the pro-
visions of his letter, be received, placed on file, recommendations
approved and permission granted in accordance therewith at no cost
to the City. Motion carried.
69150 - Moved by Roehr, seconded by Wilharm. that the petitions of Joseph 0.
Truax, 2106 Cardinal Drive, et al and of Ross H. Truax, 140 Helen
Road, et al against the paving of Cardinal Drive from Longview to
dead end east, representing 70% of frontage, and Helen Road from
Cardinal Drive to Rainbow Drive, representing 84% of frontage, and
City Engineer's report that these streets are not in three-year pav-
ing program, be received and placed on file. Motion carried.
69151 - Moved by Roehr, seconded by Lichty that communication from Waterloo
Civil Service Commission certifying the following members of the
Waterloo Fire Department as eligible for appointment to the position.
of Fire Equipment Operator, be received, placed on file and approved:
D. Wickersheim, F. Magsaman, G. Carter, T. Budak, L. Olson, P. Voll-
brecht, D. Duggan, G. Van Dorn, D. Whitesell, J. Schneider, J. Lanigan,
C. Campbell, B. Gould, B. Grimm, T. Westemeier, M. Kunz, D. Ahlhelm, R.
Moore, R. Petersen, H. Grimm, R. Pownell, R. Cutsforth, R. Boeck,
R. Dengler, R. Phillips, J. Cain, D. Andersen, J. Weber, D. Kieler,
G. Smith, L. Schoer, W. Wood, M. Whalen, T. Pierce, C. McFarland, R.
Batchelder, M. Jones, J. Huegel, R. Locke, J. Eggleston, E. Bernstein,
J. Payton, J. Boleyn, R. Joens, R. Kerns, R. Rodgers, M. Shillinglaw,
L. Buehner, S. Grimm, F. Hersey, J. Nelson, P. Mangin, A. Weires,
S. Evans, R. Cockerham, R. Kalianov, R. Kastli, L. West, L. Schwake,
L. McKinney, D. Dowd, A. Jennings, G. Linde, M. Pierce, G. Schmidt,
H. Whitsell, K. Wehr, M. Cowell, D. Michael, V. Fink, V. Powell, D.
Joens, M. Brenner, M. Fortune, J. McGrane and J. Hersey. Motion
carried.
69152 - Moved by Keller, seconded by Lichty that communication from Waterloo
Civil Service Commission certifying the following members of the
Waterloo Fire Department as eligible for appointment to the position
of Ambulance Driver/Attendant, be received, placed on file and ap-
proved: E. Bernstein, L. Olson, M. Kunz, D. Duggan, R. Joens, J.
Nelson, J. Boleyn, R. Petersen, L. Schoer, S. Evans, M. Brenner, V.
Powell, P. Vollbrecht, R. Kalianov, G. Carter, R. Phillips, G. Schmidt
J. Schneider, M. Shillinglaw, H. Whitesell, M. Whalen, D. Joens and
D. Anderson. Motion carried.
69153 - Moved by Roehr, seconded by Wilharm that construction plans for
sanitary sewer facilities to serve Commercial Tracts in Section
2-88-13, together with Treatment Agreement Form C, 9/75, for the De-
partment of Environmental Quality, and City Engineer's recommenda-
tion for approval with final acceptance of plans to,be reviewed by
said Department, be received, placed on file, recommendations approv-
ed and Mayor and City Clerk authorized to execute said Agreement Form.
Motion carried.
69154 - Moved by Lichty, seconded by Roehr that five copies of Iowa State
Highway Commission Application Form x{-562 for use of Highway
December 8, 1975
- 7 -
69154 - (Continued)
Right -of -Way for Utilities Accommodation from M & K Enterprises for
construction of sanitary sewer facilities to serve commercial proper-
ties in Section 2-88-13, Station 729+30, and City Engineer's recom-
mendation for approval, be received, placed on file, approved and
Mayor authorized to sign said application for City. Motion carried.
69155 - Moved by Roehr, seconded by Lichty that Change Order No. 2 for 1975
Paving Program, Contract No. 135, for additional work performed by
Cedar Valley Corporation, for additional cost of $784.72, be receiv-
ed, placed on file, approved and Mayor and City Clerk authorized to
execute same. Ayes: Seven. Motion carried.
69156 - Moved by Lichty, seconded by Wilharm that communication from City
Engineer, transmitting an "Application for Sanitary Sewer and Waiver
of All Legal Proceedings Relative Thereto:" from Wm. F. Mclntee &
Sons, Inc. to serve 134 Arizona Street, reporting an estimated cost
of $1,625.00, and recommending acceptance with cost to be assessed,
be received, placed on file, recommendations approved and City En-
gineer authorized and instructed to proceed accordingly. Motion
carried.
69157 - Moved by Lichty, seconded by Wilharm that communication from City
Engineer, transmitting an "Application for Sanitary Sewer and Waiver
of All Legal Proceedings Relative Thereto:" from Jean M. Brown to
serve 130 Arizona Street, reporting an estimated cost of $1,625.00
and recommending acceptance with cost to be assessed, be received,
placed on file, recommendations approved and City Engineer authorized
and instructed to proceed accordingly. Motion carried.
69158 - Moved by Getty, seconded by Roehr that Contract and Bond with John G.
Miller Construction Company in amount of $499,250.00 for Minor Con-
tract No. 91, together with City Engineer's report and recommendation
for approval, be received, placed on file, recommendations approved
and "Resolution approving the Contract and Bond of John G. Miller
Construction Company, Waterloo, Iowa, for Fourth Street Bridge Walk-
way Canopy, Minor Contract No. 91", adopted. Ayes: Seven. Pesolu-
tion adopted and upon approval by Mayor, assigned No. 24352 in
official resolution book.
69159 - Moved by Roehr, seconded by Getty that Contract and Bond with John G.
Miller Construction Company in the amount of $44,740.00 for an Engine
Generator Room for the Emergency Operating Center, be received, plac-
ed on file and "Resolution approving the Contract and Bond of John G.
Miller Construction Company, Waterloo, Iowa, for Engine Generator
Room for Emergency Operating Center", adopted. Ayes: Seven. Reso-
lution adopted and upon approval by Mayor, assigned No. 24353 in
official resolution book.
69160 - Moved by Wilharm, seconded by Lichty that Southbrooke Dam construction
plans for a proposed sheet piling dam structure across Dry Pun Creek,
located in Section 3-88-13, and City Engineer's recommendation for
approval, be received, placed on file and approved. Motion carried.
69161 - Plan and Program Director Rust briefly explained area and stated
requirements have been met.
Moved by Roehr, seconded by Wilharm that communication from Plan and
Program Commission, transmitting Preliminary Plat of Southland Park
Subdivision, Waterloo, Iowa, City Engineer's Report, Deed of Dedica-
tion, and said Commission's resolution of approval, and recommending
approval, be received, placed on file and "Resolution approving the
Preliminary Plat of Southland Park Subdivision, in the City of Water-
loo, Black Hawk County, Iowa", adopted. Ayes: Seven. Resolution
adopted and upon approval by Mayor, assigned No. 24354 in official
resolution book.
69162 - Moved by Roehr, seconded by Wilharm that "An Ordinance amending
Ordinance No. 2644 known as the Traffic Ordinance by repealing Sub -
Sections (3) and (85) of Section 541 entitled "Increasing Speed
Limits in Certain Areas" and by enacting in lieu thereof new Sub-
sections (3), (3a), (3b), (85), and (85a) to Section 541 entitled
December 8, 1975
"N
69162 - (Continued)
"Increasing Speed Limits in Certain Areas", be considered and the
rules requiring ordinances to be considered and voted on at two
prior meetings, suspended, said Ordinance recorded as having been
considered and passed for the first, second and third times, and
now placed on its final adoption. Ayes: Seven. Motion carried.
69163 - Moved by Getty, seconded by Keller that "An Ordinance amending
Ordinance No. 2644,known as the Traffic Ordinance by repealing Sub-
sections (3) and (85) of Section 541 entitled "Increasing Speed
Limits in Certain Areas" and by enacting in lieu thereof new Sub-
sections (3), (3a), (3b), (85), and (85a) to Section 541 entitled
"Increasing Speed Limits in Certain Areas", be adopted. Ayes:
Seven. Ordinance adopted and upon approval by Mayor, assigned No.
2781 in official ordinance book.
69164 - Under Council Actions #69100 and #69101 of 11/24/75, action was
tabled until 12/8/75 on a proposed Ordinance to amend Ordinance
No. 1153, Section I, and on a proposed Ordinance to amend Ordinance
No. 2584, Section 19, and said proposed Ordinances were now present-
ed for consideration.
Asst. City Atty. Randall reported the amendment to Ordinance 1153,
Section I, changed only a portion of the prior ordinance, which
added Sub -section (h) prohibiting certain types of acts in estab-
lishments selling beer and liquor.
Moved by Roehr, seconded by None that the nronosed'Ordinance amend-
ing Ordinance No. 1153, Section I and the proposed Ordinance amend-
ing Ordinance No. 2584, Section 1§, be reversed on the agenda and
"An Ordinance to amend the Code of Ordinances of the City of Water-
loo, Iowa, adopted by Revised Ordinance No. 1153, Section 1, adopted
July 31, 1924, by repealing said Ordinance which is codified in the
Code of Ordinances as Section 27-15 "Indecent Exposure; Obscenity"
and enacting a new Section 27-15 relating to the regulation of
public exposure", be considered and passed for the first time.
Motion died for lack of a second.
69165 - A discussion followed on enforcement of legislation on attire, Supreme
Court ruling exempting stage and theatrical productions, morality,
etc. Ronald Schake, Dan Gibbons, Don Burgess opposed adoption of
the ordinances and Pat Schwindlein presented a petition against
adoption.
Moved by Getty, seconded by Roehr that the above petition be received
and placed on file. Motion carried.
69166 - Concern was expressed for performers and patrons under 18 years old,
and the need for restriction of this age group from the establish-
ments to be written into the ordinance to protect the minors. Need
for other changes was also pointed out.
After further discussion, it was moved by Getty, seconded by Berdell
that "An Ordinance to amend the Code of Ordinances of the City of
Waterloo, Iowa, adopted by Revised Ordinance No. 1153, Section 1,
adopted July 31, 1924, by repealing said Ordinance which is codified
in the Code of Ordinances as Section 27-15 "Indecent Exposure;
Obscenity" and enacting a new Section 27-15 relating to the regula-
tion of public exposure", be dropped. Ayes: Berdell, Geiger, Getty
and Keller. Nays: Roehr and 44ilharm. Abstained: Lichty. Motion
carried.
69167 - Moved by Getty, seconded by Keller that "An Ordinance to amend the
Code of Ordinances of the City of Waterloo, Iowa, adopted by Ordin-
ance No. 2584, Section 19, passed December 27, 1971, and as amended
by Ordinance No. 2699, Subsections 2-4, passed September 3, 1974, by
repealing Section 4-29 as amended, entitled "Prohibited Sales and
Acts", of Chapter 4, Article II, entitled "Sale and Consumption of
Beer and Liquor",as amended, and enacting in lieu thereof, an
Ordinance relating to the regulation of Beer and Liquor", be dropped.
Ayes: Berdell, Geiger, Getty, Keller and Wilharm. Nay: Roehr.
Abstained: Lichty. Motion carried.
December 8, 1975
1-ftN _1kN
- 9 -
69168 - Moved by Roehr, seconded by Wilharm that communication from Water
Pollution Control Plant Superintendent submitting a statement from
Veenstra & Kimm, Consulting Engineers for engineering services in
connection with the draft of Rath Packing Company Contract to the En-
vironmental Protection Agency, be received, placed on file and "Reso-
lution accepting the statement dated 11/20/75 from Veenstra & Kimm
for engineering services for draft of Rath Packing Company Contract
to the Environmental Protection Agency, and authorizing payment ac-
cordingly", adopted. Ayes: Seven. Resolution adopted and upon
approval by Mayor, assigned No. 24355 in official resolution book.
69169 - Moved by Lichty, seconded by Getty that statement from Brice, Petrides
& Associates, Inc. for engineering services for demolition estimate
for Conway parking, and City Engineer's recommendation for approval,
be received, placed on file and "Resolution accepting statement dated
11/28/75 from Brice, Petrides & Associates, Inc. for engineering
services for demolition estimate for Conway parking, and authorizing
payment accordingly", adopted. Ayes: Seven. Resolution adopted and
upon approval by Mayor, assigned No. 24356 in official resolution book.
69170 - Moved by Getty, seconded by Wilharm that statement from Brice, Petrides
& Associates, Inc. for Contract No. 92, and City Engineer's recommenda-
tion for approval, be received, placed on file and "Resolution accept-
ing the statement dated 12/3/75 from Brice, Petrides & Associates,
Inc. for engineering services for Westfield Avenue -McKinley Street
Storm Sewer, Contract No. 92, and authorizing payment accordingly",
adopted. Ayes: Seven. Resolution adopted and upon approval by
Mayor, assigned No. 24357 in official resolution book.
69171 - Moved by Roehr, seconded by Lichty that statement from Brice, Petrides
& Associates, Inc. for Contract No. 94, and City Engineer's recom-
mendation for approval, be received, placed on file and "Resolution
approving and accepting the statement dated 12/3/75 from Brice,
Petrides & Associates, Inc. for engineering services for Dry Run Creek
Retaining Wall and Dike Modifications, Contract No. 94, and authoriz-
ing payment accordingly", adopted. Ayes: Seven. Resolution adopted
and upon approval by Mayor, assigned No. 24358 in official resolution
book.
69172 - Moved by Roehr, seconded by Wilharm that statement from Brice, Petrides
& Associates, Inc. for Contract No. 152, and City Engineer's recom-
mendation for approval, be received, placed on file and "Resolution
accepting the statement dated 12/3/75 from Brice, Petrides & Associates,
Inc. for engineering services for Downtown Fourth Street Improvements,
Contract No. 152, and authorizing payment accordingly", adopted.
Ayes: Seven. Resolution adopted -and upon approval by Mayor, assigned
No. 24359 in official resolution book.
69173 - Moved by Getty, seconded by Berdell that statement from Brice, Petrides
& Associates, Inc. for Contract No. 153, and Community Development
Board request for approval, be received, placed on file and "Resolu-
tion approving and accepting statement dated 10/24/75 from Brice,
Petrides & Associates, Inc. for engineering services for Chautauqua
Park Area Paving, Sewers and Incidentals, Stage I, Contract No. 153,
and certifying and authorizing payment accordingly", adopted. Ayes:
Seven. Resolution adopted and upon approval by Mayor, assigned No.
24360 in official resolution book.
69174 - Moved by Roehr, seconded by Getty that statement from Brice, Petrides
& Associates, Inc. for Contract No. 142, and Community Development
Board request for approval, be received, placed on file and "Resolu-
tion approving and accepting the statement dated 10/24/75 from Brice,
Petrides & Associates, Inc. for engineering services for River Road,
Stage I, Westfield -Virden Urban Renewal Project Iowa R-7, Contract
No. 142, and certifying and authorizing payment accordingly", adopted.
Ayes: Seven. Resolution adopted and upon approval by Mayor, assign-
ed No. 24361 in official resolution book.
69175 - Moved by Getty, seconded by Berdell that Estimate #5 Report for Con-
tract No. 150, and Community Development Board recommendation for
approval, be received, placed on file, and "Resolution approving
Estimate #5 Report for work and materials furnished by Irving F.
Jensen Co., Inc., Contractors, for River Road, Stage II, Westfield -
Virden Urban Renewal Project Iowa R-7, Contract No. 150, and certi-
fying payment accordingly", adopted. Ayes: Seven. Resolution adopt-
ed and upon approval by Mayor, assigned No. 24362 in official resolu-
tion book.
10 -
69176 - Moved by Getty, seconded by Berdell that Estimate #2 Report for Con-
tract No. 94, and Community Development Board recommendation for
approval, be received, placed on file and "Resolution approving Esti-
mate #2 Report for work and materials furnished by Service Construc-
tion Company, Contractors, for Dry Run Creek Retaining Wall and Dike
Modifications in Liberty Park, Contract No. 94, and certifying pay-
ment accordingly", adopted. Ayes: Seven. Resolution adopted and
upon approval by Mayor, assigned No. 24363 in official resolution
book.
69177 - Moved by Wilharm, seconded by Getty that Estimate #5 Report for Con-
tract No. 153, with Community Development Board recommendation for
approval, be received, placed on file and "Resolution approving
Estimate #5 Report for the work and materials furnished by Cedar Falls
Construction Co., Contractors, for Chautauqua Park Area Paving, Sewers
& Incidentals, Stage I, Westfield -Virden Urban Renewal Project Iowa
R-7, Contract No. 153, and authorizing and certifying payments ac-
cordingly", adopted. Ayes: Seven. Resolution adopted and upon
approval by Mayor, assigned No. 24364 in official resolution book.
69178 - Moved by Geiger, seconded by Berdell that Estimate #6 Report for
Contract No. 147, and Community Development Board recommendation for
approval, be received, placed on file and "Resolution approving Esti-
mate #6 Report for work and materials furnished by Cedar Valley
Corporation, Contractors, for West Park Avenue Area Paving, Sewers
and Incidentals, Westfield -Virden Urban Renewal Project Iowa. R.-7,
Contract No. 147, and authorizing and certifying payments accordingly",
adopted. Ayes: Seven. Resolution adopted and upon approval by
Mayor, assigned No. 24365 in official resolution book.
69179 - Moved by Getty, seconded by Roehr that communication from Building
Official, transmitting Authorization for Elimination of Area Under
Sidewalk at 127-129 East Fourth Street from Guy Rosen, in connection
with Downtown Fourth Street Improvements Program, Contract No. 152,
and statement dated 12/2/75 from Cedar Falls Construction Company
for filling and compacting open space under said sidewalk, be re-
ceived, placed on file and "Resolution accepting Waiver from Guy
Rosen for filling and compacting open space under sidewalk at 127-
129 East Fourth Street, and statement from Cedar Falls Construction
Company, authorizing payment, accepting the said filling and com-
pacting work, and making assessment for same", adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 24366 in
official resolution book.
69180 - Moved by Keller, seconded by Roehr that "Resolution, BILLS, Schedule
A", be adopted. Ayes: Seven. Resolution adopted and upon approval
by Mayor, assigned No. 24367 in--*fJ.cial resolution book.
69181 - Moved by Keller, seconded by Roehr that "Resolution, BILLS, Schedule
B", be adopted. Ayes: Seven. Resolution adopted and upon approval
by Mayor, assigned No. 24368 in official resolution book.
69182 - Moved by Roehr, seconded by Lichty that request of Fire Chief for
approval of the appointment of following members of the Fire Depart-
ment to position of Fire Equipment Operator, ffective December F. 10, en,
1975, be received, placed on file and app
R. Moore, W. Grimm, J. Weber, M. Jones, F. Hersey, R. Pownell, V.
Fink, M. Fortune, G. Smith, C. Campbell, R. Kerns, D. Whitesell, J.
Payton, D. Ahlhelm, G. Linde, L. Buehner, T. Budak, J. McGrane, C.
McFarland, R. Batchelder, L. Schwake, G. Van Dorn, J. Eggleston, D.
Joens, R. Cutsforth, D. Wickersheim, R. Locke, H. Grimm, D. Dowd, A.
Jennings, R. Cockerham, T. Pierce and A. Weires. Motion carried.
69183 - Moved by Roehr, seconded by Lichty that request of Fire Chief for
approval of the appointment of following members of the Fire Depart-
ment to position of Ambulance Driver/Attendant, effective December
10, 1975, be received, placed on file and approved: E. Bernstein,
M. Shillinglaw, M. Kunz, M. Whalen, R. Joens, D. Anderson, J. Boleyn,
L. Olson, L. Schoer, D. Duggan, M. Brenner, J. Nelson, P. Vollbrecht.,
R. Petersen, G. Carter, S. Evans, G. Schmidt and V. Powell. Motion
carried.
December 8, 1975
69184 - Moved by Getty, seconded by Berdell that the list of several ad-
dresses, together with cost for removal of dutch elm diseased trees,
be received, placed on file and "Resolution making the assessments
for the dutch elm diseased tree removals at the several places as
designated and instructing the City Clerk to certify same to the
Black Hawk County Auditor", adopted. Ayes: Seven. Resolution
adopted and upon approval by Mayor, assigned No. 24369 in official
resolution book.
69185 - Moved by Getty, seconded by Lichty that the Delinquent Vault Certi-
fication List for 1975, together with cost of cleaning, be received,
placed on file and "Resolution making assessments for cleaning of
vaults in the City of Waterloo, Iowa, for 1975", adopted. Ayes:
Seven. Resolution adopted and upon approval by Mayor, as
No.
24370 in official resolution book.
69186 - Moved by Roehr, seconded by Lichty that communication from Harold
Hegel reporting his retirement from the Municipal Garage on January
2, 1976 and requesting sick leave pay for 2772 working hours in the
amount of $1,800.98, together with two weeks vacation pay of $519.20,
for a total sum of $2,320.18, be received, placed on file, approved
and "Resolution approving payment of $2,320.18 for 2772 working hours
of sick leave and two weeks vacation to Harold Hegel, who retired
from the Municipal Garage and authorizing the Finance Director to
draw a warrant in payment therefor", adopted. Ayes: Seven. Resolu-
tion adopted and upon approval by Mayor, assigned. No. 24371 in offi-
cial resolution book.
69187 - Moved by Getty, seconded by Lichty that the communication from the
City Engineer, transmitting plats, schedules of assessments and costs
incidental for the 1975 Oiling Program, be received and placed on
file. Motion carried.
69188 - Moved by Roehr, seconded by Lichty that "Resolution directing the
publication of Notice of filing plats and schedules of assessments
for the 1975 Oiling Program", be adopted and date of hearing set as
January 5, 1976. Ayes: Seven. Resolution adopted and upon approval
by Mayor, assigned No. 24372 in official resolution book.
69189 - Movod by Roehr, seconded by Getty that the following requests for
permission to attend functions, with expenses allowed not to exceed
amounts shown, be received, placed on file and approved: Data Pro-
cessin Director to'IBM Data Center, Minneapolis, Minn., December 5,
1975, 60.00; Sanitation Director and Inspector to Mosquito Control
Program, Iowa City, Iowa, December 10-11, 1975, $54.00; Asst. Housing,
Inspector to Existing Housing Inspection Institute, Madison, Wiscon-
sin, January 5 thru 8, 1976, $195.00. Ayes: Seven. Motion carried.
69190 - Moved by Getty, seconded by Roehr that following applications for
Beer and Liquor Licenses, be received, placed on file, approved, the
approval endorsed on applications and same forwarded to the Iowa Beer
and Liquor Control Department:
Beer and Liquor - Class "C" 2022 Bopp Street
The Stab e, Inc. ba T e Stable, Inc.,
Dorothy M. Martin dba Thunderbird Tap, 715 Ansborough Avenue
Lawrence P. Jensen dba Buzz's, 856 Rainbow Drive
Sundav Sales - Beer and Liquor - Class "C"
The Loaf -of -Bread, Inc., 3937 West Airline Highway
Charcoal Inn, Inc. dba Charcoal Inn, 360 E. Ridgeway Avenue
Motion carried.
69191 - Moved by Geiger, seconded by Berdell that application, bond and fee
of Albert Chauncey Aylsworth dba Aylsworth Movers, Wadena, Iowa,
for Building Moving License, under Ordinance No. 2429, be received,
placed on file and license granted. Motion carried.
69192 - Moved by Getty, seconded by Geiger that the application,
bond and
fee for Cutler Hardware Company dba Iowa Glass and paint Company,
101 East Fifth Street, for a license to conduct a Going -Out -Of -Busi-
ness or Liquidation Salieffective
filean
1
6/75 and to license granted.
Motion
ted
1/26/76, be received, pacedon
carried.
Ddcember 8, 1975
- 12 -
69193 - Moved by Geiger, seconded by Berdell that the applications and fees
of Sam Burton, 425 Anthony Street, and Bernard L. Warner, 923 Thomas
Street, Cedar Falls, for taxicab driver permits, be received, placed
on file and granted. Motion carried.
69194 - Moved by Geiger, seconded by Lichty that report of City Attorney and
list of bonds filed with Clerk through 12/8/75, be received, placed
on file and approved. Motion carried.
69195 - Moved by Geiger, seconded by Lichty that the Council adjourn. Motion
carried.
Katherine Gibbs,
City Clerk
December 8, 1975