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HomeMy WebLinkAbout06/19/1972 L'M 1--' 7 7.7Y • City Hall, Waterloo, Iowa REGULAR SESSION June 19 , 1972 - 7030 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 June 19 , 1972 , Mayor Pro Tem Miller in the Chair, Present : Councilmen Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey . Absents None. Councilman Glenda Mabrey offered tne invocation. 62295 - Moved by Cohea, seconded by Cavanaugh that the Agenda, as amended, for the Regular Session of June 19 , 1972, at 7030 P.M, , be accepted and approved. Motion carried. 62296 Moved by Cavanaugh, seconded by Morrissey that the Minutes of the Regu- lar Session held June 12, 1972 at 7 . 30 P .M. , be approved. Motion carried. 62297 - Moved by Cohea , seconded by Morrissey that the proof of publication of the Notice of Public Hearing on Proposal to Sell Real Estate in tne City of Waterloo, Iowa, known as Part of Disposal Parcel No . 50 in the West- field-Virden Urban Renewal Area, Project No. Iowa R-7 (316 Thompson Street) , to Robert Ho and Mary D. Jesse , husband and wife, as fully des- cribed in the said notice published in the Waterloo Daily Courier on May 18, 1972 , be received and placed on file. Motion carried. 62298 - The Mayor Pro Tear announced the time had arrived to hear objections , if any, and asked if anyone present wished to be neard or make objection, cr if any written objections had been filed with the Clerk. No one appeared to object orally, and the City Clerk reported there had been no written objections placed on file. After public hearing and no objections having been made or filed, it was moved by Cavanaugh, seconded by Mabrey tnat Resolution No . 21990 , a res- olution approving the sale of Disposal Parcel No . 50 in the Westfield- Virden Urban Renewal Area, Project Noo Iowa R-7 and authorizing the exe- cution of the necessary contract for sale of land for private redevelop- ment and deed, be adopted. On roll. call , Cavanaugh, Cohea, Dykeman, Keller, Mabrey , Miller and Morrissey voted Aye. Nay . None. Absent . None. Mayor Pro Tem declar- ed the resolution adopted. 62299 - Moved by Keller, seconded by Dykeman that the proof of publication of Notice of Proposal to Dispose of Real Estate known as vacant lot in Un- platted Waterloo East, N 100 ' in width of a portion of SW NE Section 29-89-12 , adjacent to 1730 Butler Avenue, in tne City of Waterloo ; Iowa, as fully described in the said notice published in the Waterloo Daily Courier on May 25 and June 1 , 1972 , to John R. Jones , for the sum of $75 .00 plus costs and payment of sanitary sewer assessment when work is completed, be received and placed on file. Motion carried. m 2 m 62300 a The Mayor Pro Tem announced the time had arrived to hear objections , if any, and asked if anyone 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 City Clerk reported there had been no written objections placed on file. After public hearing and no objections having been made or filed, it was moved by Morrissey, seconded by Cohea that Resolution No. 21991, ap- proving and authorizing the sale and conveyance of a vacant lot in Un- platted Waterloo East, N 100 ° in width of a portion of SW NE Section 29- 89m12 , as fully described in the Notice of Proposal to Dispose of Real Estate published in the Waterloo Daily Courier on May 25 and June 1, 1972 , to John R. Jones for the sum of $75.00 plus costs and payment of sanitary sewer assessment, 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 Pro Tem de- clared the resolution adopted. 62301 - Ron Seufferlein, 5061 Foulk Road, presented a petition from the property owners of the Foulk Road and East Shaulis Road area against having to clean out the ditches along their properties as recently requested by the City Engineer's Office. Donald J. Maxfield, 5037 Foulk Road, wanted to know how deep these ditch- es should be. Councilman Dykeman asked the City Engineer what led him to believe the ditches would solve the drainage problem in this area. City Engineer King reported certain adjacent property owners are affected and the ditches were needed to drain the roadbed to keep it in better shape in the Spring; also, these ditches needed to be 3 ° to 5 ' deep. Moved by Keller, seconded by Cohea that the above petition be received, placed on file and referred to the Engineering Department to re-study to see if the problem could be solved without digging ou.t the ditches . Motion carried. 62302 m Fred Re Debe spoke in favor of his petition for a 36 ' commercial curb cut at 712 Bertch Avenue, stating if the 36 ' curb cut was not approved, he would like to request elimination of the no parking restrictLon on his side of the street to allow parking on this block. Councilman Dykeman said if parking was restored on this block, it should be restored on all of Bertch Avenue. Councilman Keller stated the Council needed to take a close look at the problem before making a decision and asked how far away the customers had to park. Fred R.Debe said if they parked00too far away, some customers would be lost. Moved by Mabrey, seconded by Cavanaugh that the communication from the City Engineer, transmitting the request from Fred R. Debe for permission to construct a 36 ' commercial curb cut at 712 Bertch Avenue, as shown on the attached print, and reporting said property should be served by a standard 22 ' curb cut , be received, placed on file and action deferred until the Council-as-Whole could look at this with report back on June 26, 1972. June 19 , 1972 - 3 62302 - (Continued) Motion carried. 62303 - Moved by Dykeman, seconded by Cohea that the communication from the City Engineer, transmitting the request from Northwestern Bell Telephone Co. for permission to place buried cable along Airline Hiway from Sta. 24+10 to Sta. 28+20, Kent Feeds west to 2263 West Airline Hiway along Highway No. 57, together with six (6) copies of Iowa State Highway Com- mission Form No. 562 and associated sketch, and recommending approval, be received, placed on file, recommendations approved, permission granted in accordance therewith, and City Clerk authorized to sign said application in behalf of the City of Waterloo, Iowa. Motion carried. 62304 - Moved by Morrissey, seconded by Cohea that the communication from the Community Development Administrator, submitting for Council considera- tion the offer of Aster Lewis , 71 Lafayette Street, to purchase the re- mainder of Disposal Parcel Noo 50-a in Westfield-Virden Urban Renewal Area, Project No. Iowa R-7, near corner of Thompson Street and Lafayette Street, in the City of Waterloo, Iowa, for the sum of $200 .00, together with Map, and reporting the Community Develpment Board approved said disposition, be received, placed on file , Resolution No. 21992, author- izing the sale of the remainder of Disposal Parcel 50-a in Westfield- Virden Urban Renewal Area, Project No. Iowa R-7 , be adopted, and the date of hearing set as July 24, 1972 at 7 : 30 P.M. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay : None, Absent: None . Mayor Pro Tem decl- ared the resolution adopted. 62305 - Moved by Keller, seconded by Cohea that the communication from the Com- munity Development Administrator, submitting for Council consideration the offer of Alan R. and Susan Erase, 81 Lafayette Street , to purchase part of Disposal Parcel Noo 50-a in Westfield-Virden Urban Renewal Area, Project No. Iowa R-7, near corner of Thompson Street and Lafayette Street, in the City of Waterloo, Iowa, for the sum of $200 .00, together with Map, and reporting the Community Development Board approved said disposition, be received, placed on file, Resolution No. 21993, author- izing the sale of part of Disposal Parcel No. 50-a in the Westfield- Virden Urban Renewal Area, Project No. Iowa R-7, be adopted, and the date of hearing set as July 24, 1972 at 7 :30 P.M. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None . Absent : None. Mayor Pro Tem de- clared the resolution adopted. 62306 - Moved by Cohea, seconded by Cavanaugh that the communication from the City Engineer, transmitting five (5) copies of Iowa State Highway Com- mission form #574, with print attached, from Albert L. Peterman and Emory L. Peterman, requesting permission to hard surface the area 6.5+ wide between the ROW line and back of curb of U.S . 218 along the proper— ty line of Peterman & Haes , Inc . , and recommending approval subject to erection of physical barrier to prevent vehicle parking, be received, placed on file, approved and the City Clerk authorized to sign said application in behalf of the City of Waterloo, Iowa. Motion carried. June 19 , 1972 4 62307 - Moved by Morrissey, seconded by Dykeman that the communication from the City Engineer, transmitting the request of Robert E. Bidwell, President of Country Manor, Inc . , for permission to delay sidewalk construction at 951 Elvon Street, and recommending approval with said construction delayed until housing construction is completed,- -be received, placed on file, recommendations approved and permission granted in accordance therewith. Motion carried. 62308 m Moved by Dykeman, seconded by Cavanaugh that the communication from John C. Beekman, Attorney in behalf of Granger & Associates , Inc . , reporting a typographical error was made in the legal description of the third parcel under Section to of Ordinance No. 2557 adopted 6/21/71 rezoning certain property in Brookeridge First Addition and requesting a correc- tion be made, be received, placed on file and approved. Motion carried. 62309 - An Ordinance amending Ordinate No. 2557, rezoning certain property, by repealing the legal description for the third parcel under Section la and enacting in lieu thereof a new legal description for the third par- cel under Section 1a , was read by the City Clerk. Moved by Keller, seconded by Cohea that the rules requiring ordinances to be read in full on three separate days be suspended, that said ord- inance 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 Pro Tem de- clared the motion carried. 62310 - Moved by Cohea, seconded by Keller that Ordinance No. 2600, an Ordin- ance amending Ordinance No. 2557 , rezoning certain property, by repeal- ing the legal description for the third parcel under Section to and enacting in lieu thereof a new legal description for the third parcel under Sectionlo be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay None. Absent. None. Mayor Pro Tem de- clared the ordinance adopted. 62311 m Councilman Keller reported the property owner could not be forced to hard surface a driveway approach and if the request of Western Trans- portation Company, 3815 University Avenue, was approved, it would help maintenance and dust control on this street . Moved by Keller, seconded by Dykeman that the communication from the City Engineer, transmitting the request from Western Transportation Com- pany for permission to construct a temporary asphaltic driveway without regard to sidewalk grade at 3815 University Avenue, Waterloo, Iowa, to- gether with $3 .00 in cash for recording waiver, and recommending appro- val subject to the provisions of his letter, be received, placed on file, request approved and Resolution No. 21994, granting permission and authorizing construction irrespective of a later official grade, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay None. Absent. None. Mayor Pro Tem de- clared the resolution adopted. June 19 , 1972 - 5 - 62312 - Councilman Dykeman asked if the additional cost for sidewalk construc- tion on Downing Avenue would be paid by the City and if the work could be done this season. City Engineer King reported the problem of moving the sidewalk closer to the street in the 1800 block of Downing Avenue would result in having to reconstruct the driveways which already had a section in for sidewalks and this cost would have to be paid by the City, and the sidewalk would not be completed before school started in the Fall. Moved by Mabrey, seconded by Dykeman that the communication from the City Engineer, transmitting a plat of sidewalks to be completed from Ansborough Avenue to South Hackett Road on Downing Avenue, together with estimate cost of construction, referred to him under C.R. #62223 of 6/5/72, and reporting the 1800 block of Downing Avenue along the north side would be located within 2° of curb, be received, placed on file, approved and the City Engineer instructed to proceed with the necessary plans and documents for sidewalk on Downing Avenue. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay None. Absent . None. Mayor Pro Tem de- clared the motion carried. 62313 - Moved by Dykeman, seconded by Mabrey that the report of the Finance and Purchasing Committee on the bids for the sale of various office equip- ment, referred to it under C.R.#62265 of 6/12/72, be received, placed on file, the bid of Bob Klyn, Des Moines, Iowa, in the amount of $400 for one 1250 multilith press accepted and the City Clerk allowed to negotiate the sale of the other items separately. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay None . Absent. None. Mayor Pro Tem de- clared the motion carried. 62314 - Moved by Cavanaugh, seconded by Morrissey that the communication from the City Engineer, transmitting revised construction plans for Central Heights Second Addition incorporating a revision in pavement details of cul-de-sac at end of Valdez Drive and contractor's bond of Cedar Valley Corporation in the amount of $112,698.50 for installation and four year maintenance of street improvements , and recommending approval and accep- tance, be received, placed on file, recommendations approved, revised construction plans and bond approved and accepted, and said plans ord- ered incorporated as part of construction plans approved by C.R. #61877 of 4/3/72. Motion carried. 62315 - Moved by Dykeman, seconded by Cavanaugh that the Contract and Bond of U and I Construction, Inc. , Waterloo, Iowa, for the Sidewalk Repair on Courtland Street, Minor Contract No. 80 , in the City of Waterloo, Iowa, in the amount of $2,913.60, be received, placed on file and Resolution Noo 21995, approving said Contract and Bond be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye . Nay None. Absent. None. Mayor Pro Tem de- clared the resolution adopted. 62316 - Moved by Cavanaugh, seconded by Keller that the Contract and Bond of U and I Construction, Inc. of Waterloo, Iowa, for Sidewalk Repair on Lane Street,Minor Contract No. 81, in the City of Waterloo, Iowa, in the amount of $3,382 .50, be received, placed on file and Resolution No. 21996, approving said Contract and Bond, be adopted. June 19, 1972 6 - 62316 - (Continued) On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey , Miller and Morrissey voted Aye, Nay: None. Absent: None . Mayor Pro Tem de- clared the resolution adopted. 62317 - Moved by Morrissey, seconded by Cavanaugh that the communication from the City Engineer, transmitting an Agreement for Easement for cons truc- tion tion and maintenance of storm drainage facilities across Lot 2 , Davis Sub-division, between the City of Waterloo, Iowa and Harvey L. and Gladys L. Behrends, with Waiver of Assessment , be received, placed on file and Resolution Noo 21997, approving said Agreement and authorizing and directing the Mayor and City Clerk to sign same on behalf of the City of Waterloo, Iowa, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey,voted Aye. Nay: None . Absent: None . Mayor Pro Tem de- clared the resolution adopted. 62318 - Moved by Mabrey, seconded by Dykeman that the communication from the City Engineer, transmitting an Agreement for Easement for Klingaman Knolls storm sewer purposes , across Lot 15, Kimpston Sub-division, bet- ween the City of Waterloo, Iowa, and William TO and Nancy Lee Dorsey, wherein the City shall pay the sum of $1.00 and other consideration, and recommending approval, be received, placed on file and Resolution Noo 21998, approving said Agreement, authorizing and directing the Mayor and City Clerk to sign same in behalf of the City of Waterloo, and instructing the City Clerk to draw a warrant for $1.00 in payment therefor, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye, Nay: None. Absent : None. Mayor Pro Tem de- clared the resolution adopted. 62319 - Moved by Dykeman, seconded by Cohea that the communication from the City Engineer, transmitting an Agreement for. Easement for Klingaman Knolls storm sewer purposes , across Lot 16, Kimpston Sub-division, between the City of Waterloo, Iowa, and Melvin R. and Ida Mo Cook, wherein the City shall pay the sum of $1 ,00 and other consideration, and recommending approval, be received, placed on file and Resolution No, 21999 , approving said Agreement , authorizing and directing the Mayor and City Clerk to sign same in behalf of the City of Waterloo, and instructing the City Clerk to draw a warrant for $1.00 in payment therefor, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay : None, Absent: None . Mayor Pro Tem de- clared the resolution adopted. 62320 - Moved by Dykeman, seconded by Cohea that the communication from the Di- rector of Public Works , transmitting a letter from Veenstra & Kimm, Con- sulting Engineers , for Sewage Treatment Plant Improvements , Phase IV, and six copies of Contract Amendment No. 5 for changes at an additional cost of $33,265.00, and recommending approval, be received, placed on file, and the Mayor and City Clerk authorizied and directed to execute said Contract Amendment No. 5 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 Pro Tem de- clared the motion carried. June 19 ; 1972 62321 m Moved by Dykeman, seconded by Mabrey that the communication from the Community Development Administrator, transmitting "A resolution author- izing the use of proclaimer certificates by the Community Development Board of the City of Waterloo, Iowa, for Urban Renewal Programs in ac- cordance with the Department of Housing and Urban Development instruc- tion and regulations", and recommending adoption, be received, placed on file and Resolution No. 22000, authorizing the use of said proclaimer certificates, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent : None . Mayor Pro Tem de- clared the resolution adopted. 62322 - Moved by Cavanaugh, seconded by Morrissey that the communication from the Water Resources Division, U. S. Dept . of Interior, requesting the City of Waterloo contribute $785.00 to continue operation of the stream- gaging station on Black Hawk Creek near Hudson for 1973, to be matched by the Geological Survey, be received, placed on file, and Resolution No. 22001, approving payment of said contribution and authorizing the City Clerk to draw a warrant, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor Pro Tem de- clared the resolution adopted. 62323 - Moved by Morrissey, seconded by Cohea that the report of the Civil Ser- vice Commission certifying the following ten persons as eligible for appointment to the Waterloo Police Department , be received, placed on file and approved: James Gordon Hekel Mark David Shoars Richard Craig Boesen Stephen Thomas Clute Arlyn Lee Harberts David John Klein Gary Edward Hartwig Don Robert Collins Richard Allan Crawford Danny Alfred Weidman Motion carried. 62324 - Moved by Cohea„ seconded by Morrissey that the following requests for permission to attend the functions on the dates and at the locations designated, with expenses allowed not to exceed the amounts shown, be received, placed on file, approved and permission granted: From Attend Location Dates Expense Director of Public Fiscal Year 1973 Kansas City, June 27 & $118.00 Works for Adminis- Planning Meeting Kansas 28, 1972 trative Assistant for EEA Two Milk Sanitarians Milk Pasteuri- Des Moines , June 27, 28 $100.00 + zation Controls Iowa & 29 , 1972 use of City and Test School Vehicle Community Develop- Water Resources St . Paul June 29 & 30, $100 ment Administrator Congress Meeting Minnesota 1972 On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None . Absent : None. Mayor Pro Tem de- clared the motion carried. June 19 , 1972 8 - 62325 - Moved by Cavanaugh, seconded by Morrissey that the application, bond and fee of Weiss & Neuman Shoe Co. of Iowa dba Barker's Shoe Store, 113 East Fourth Street , for license to conduct a Going-Out-Of-Business or Liquidation Sale, effective June 21, 1972 to terminate August 21, 1972, be received, placed on file and license granted. Motion carried. 62326 - Moved by Cohea, seconded by Morrissey that the following application, bond and fee for Beer Permit at the location designated in the City of Waterloo, Iowa, be, and the same is hereby approved for the issuance of license, that the approval be endorsed on the application and forwarded to the Iowa Beer and Liquor Control Department with certified fee re- ceipts, duplicate copies of the applications, etc . , be received, placed on file, and Resolution No. 22002, approving the application, be adopted Class "B"° Leo Kramer dba Little Dutch Mill, 823 Franklin Street On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye . Nay: None. Absent: None . Mayor Pro Tem de- clared the resolution adopted. 62327 - Moved by Keller, seconded by Dykeman 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 issuance of licenses, that the approval be endorsed on the applica- tions and all items forwarded to the Iowa Beer and Liquor Control De- partment, and duplicate copies of applications , etc . , be received, pla- ced on file, and Resolution No. 22003, approving the applications , be adopted: Class "C" Carl Derifield dba Carl 's Place, 2341 Falls Avenue Electric Park, Inc . dba The Wayfarer, Electric Park, Inc . , West Conger Street & Rainbow Drive Steakhouses of Iowa, Inc. dba Friedl 's Restaurant, 609-611 Commercial Street Maple Lanes , Inca dba Maple Lanes Bowling Center, 2608 University Avenue On roll. call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None ° Mayor Pro Tem de- clared the resolution adopted. 62328 - Moved by Cavanaugh, seconded by Cohea that the forty-three (43) applica- tions and bonds for permission to sell cigarettes at various locations in the City of Waterloo, Iowa, be received, placed on file, the bonds approved and permits granted. Motion carried. 62329 - Moved by Cohea, seconded by Mabrey that the following application, to- gether with doctor's certificate and approval of the Chief of Police, for taxicab driver's license, be received, placed on file and the lic- ense granted: Odie Granville Smith, 721 Vinton Street Motion carried. June. 19, 1972 - 9 - 62330 - Moved by Morrissey, seconded by Cohea that the application and bond from Crossroads Merchants ' Association of Waterloo, requesting permis- sion to stage fireworks display at 2060 Crossroads Blvd. , on July 3, 1972, be received, placed on file and permission granted subject to approval of the Fire Chief. Motion carried. 62331 - Moved by Cohea, seconded by Cavanaugh that the following applications for permits as shown, together with necessary fees, be received, placed on file, approved and permits granted: Ambulance Driver, Attendant Paul R. Eaton, 712 8th Ste , S .W. , Hampton, Iowa Attendant Driver James William Peschong, 1054 Belle Street Motion carried. 62332 - Moved by Cohea, seconded by Morrissey that the report of the City Attor- ney, advising that the bonds filed with the City Clerk up to the close of business on June 19 , 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. 62333 - Moved by Cavanaugh, seconded by Morrissey that the Council adjourn. Motion carried. Andrew A. Blomberg, City Clerk June 19 , 1972 C G Imo• p rt ID `< Di A) G] Y Y IV N) U) rt Itri (D VI I-i U) •• :H O w O O OZ •• Id H • 0 •• ,