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02/10/1969
• City Hall, Waterloo, Iowa REGULAR SESSION February 10, 1969 - 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 10, 1969. Mayor Pro Tem Miller in the Chair. Present: Councilmen Cavanaugh., Cohea, Dykeman, Keller, Miller and O'Connor. Absent: None. City Attorney, Ed Gallagher offered the Invocation, 55853 - Moved by Cohea, seconded by Dykeman that the Agenda, as proposed, for the Regular Session of February 10, 1969 at 7:30 P.M., be accepted and approved. Motion carried. 55854 - Moved by Cavanaugh, seconded by Keller that the Minutes of the Regular Session held February 3, 1969 at 7:30 P.M., be approved. Motion carried. 55855 - Moved by O'Connor, seconded by Cohea that the proof of publication of the Notice of Public Hearing on Plans and Specifications for Repairs of the Park Avenue Bridge in Waterloo, Iowa and the Taking of Bids for the Improvement, known as Bridge Contract No. 4, be received and placed on file. Motion carried, 55856 -. The Mayor Pro Tem announced the time had arrived to hear objections, if any, to the proposed plans and specifications, etc. for Repairs of the Park Avenue Bridge, known as Bridge Contract No. 4, and asked if anyone present wished to be heard or make objections, or if there were any written objections filed with the Clerk. No one appeared to object orally, and the Clerk reported no written objections had been filed. There being no objections made or filed, it was moved by Cavanaugh, seconded by O'Connor that Resolution No. 19464, confirming the approval of the plans, specifications, etc. for Repairs of the Park Avenue Bridge in the City of Waterloo, Iowa, known as Bridge Contract No. 4, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Miller and O'Connor voted Aye. Nay: None. Absent: None. Mayor Pro Tem declared the resolution adopted. 55857 Moved by Cohea, seconded by Keller that Resolution No. 19465, ordering the Repairs of the Park Avenue Bridge in the City of Waterloo, Iowa, known as Bridge Contract No. 4, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Miller and O'Connor voted Aye. Nay: None. Absent: None, Mayor Pro Tem declared the resolution adopted. 55858 - Moved by Keller, seconded by Cohea that the Clerk open the bids, which were as follows: 2 55858 - (Continued) Name of Bidder Address Amt. of Bid A to f Cko Cedar Falls Construction Co„ Cedar Falls, Ia. $51,345090 $ 5,200000 Cunningham -Reis Company Des Moines, Ia. $83,655010 $10,000.00 Motion carried. 55859 - Moved by Dykeman, seconded by O'Connor that the bids be received, placed on file and referred to the Engineers for checking and to report back to the Council in one week° Motion carried. 55860 - Moved by Cohea, seconded by Dykeman that the communication from the City Engineer, transmitting the petition from Bill W. Trammel, 1230 Grandview Avenue, et al, representing 54% of the assessable property for concrete paving on Grandview Avenue from West Parker Street to Highway #20, and recommending approval, be received, placed on file, recommendations approved, and this street ordered included in the 1969 concrete paving program. Motion carried. 55861 - Moved by Keller, seconded by O'Connor that the communication from the Asst. City Engineer, transmitting the request of Northwestern Bell Telephone Company, together with six (6) copies of the Iowa State Highway Commission Application Form #562 with detail sketch, for permission to place approximately 3013 miles of buried cable along Highway #20 and Iowa Highway #57 (West Airline Highway) from 1,000 feet west of Wagner Street to Leversee Road, and recommending approval, be received, placed on file, approved and the City Clerk authorized to sign said application on behalf of the City of Waterloo, Iowa. Motion carried. 55862 Moved by Dykeman, seconded by Cavanaugh that the communication from the City Planning Commission, transmitting the request of Fred Ga Clark, Jr., Atty, on behalf of Mr. and Mrs. Harold Reasby, 1620 Beech Street, for the vacation, sale and conveyance of all of Melrose Street lying south of Lot 13, Block 15 and north of Lot 9, Block 16 in Rose Hill Addition, as shown on the attached print, for the sum of $0005 per square foot, plus costs, together with the report of the City Engineer and the waiver of Jerome and Clementine Amos to any interest in said vacated street, and recommending approval, be received, placed on file and Resolution No. 19466, fixing the time and place of hearing for vacation, sale and conveyance of said street as March 10, 1969 at 7:30 P.M., in the Council Chambers in the City Hall, Waterloo, Iowa, and instructing the City Clerk to publish Notice of Hearing as provided by law, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Miller and O'Connor voted Aye. Nay: None. Absent: None. Mayor Pro Tem declared the resolution adopted. 55863 Moved by Keller, seconded by Cohea that the Monthly Reports of the Street Commissioner for November and December, 1968; the Clerk of Municipal Court and the Housing Inspector for the month of December, 1968; and the City Auditor & Clerk, City Treasurer, Dairy Inspector, Housing Inspector and Building Official for Building Inspector, Electrical Inspector, Heating & Air Pollution Inspector and Plumbing Inspector for the month of January, 1969, be received, placed on file February 10, 1969 3 55863 (Continued) and referred to the respective committees. Motion carried. 55864 - Under C.R. #55831 of 2/3/69, action on an agreement between the City of Waterloo and the Waterloo Humane Society for the collection, impounding and disposition of dogs, cats, etc., effective January 1, 1969,on a schedule fee basis, was deferred, and said agreement referred to the Finance and Purchasing Coiimiittee with a report back to the Council on February 10, 1969, and was now presented for consideration. Moved by Keller, seconded by O'Connor that action on the above agree- ment be further deferred until February 17, 19690 Motion carried. 55865 - Moved by Cavanaugh, seconded by Dykeman that the communication from the Property Administrator, transmitting a contract dated 1/30/69 between the City of Waterloo and Marie E. and Judd Lo Tunis, Wife and Husband, wherein the City offers to buy property in Section 20 -89N - 13W for the sum of $3,160 for the Sager Avenue Extension project, for approval and acceptance, be received, placed on file, said contract approved with provision that general taxes payable in 1969 be paid by seller, an up-to-date abstract and deed be furnished by the seller and approved by the City Attorney, and the Mayor and City Clerk authorized and directed to execute said contract with above provisions on behalf of the City of Waterloo. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Miller and O'Connor voted Aye, Nay: None. Absent: None. Mayor Pro Tem declared the motion carried. 55866 - Moved by O'Connor, seconded by Dykemanthat the communication from the Asst. City Solicitor, transmitting an Agreement dated 2/10/69 between the City of Waterloo and Richard L. and Loretta So McKelvie for their relocation, of a garage at 400 East Arlington Street as part of the flood device construction and rechannelization of Virden Creek, and recommending acceptance, be received, placed on file, approved and accepted, and the Mayor and City Clerk authorized to sign said Agree- ment on behalf of the City of Waterloo, Iowa. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Miller and O'Connor voted Aye. Nay: None. Absent: None. Mayor Pro Tem declared the motion carried. 55867 - Moved by Cohea, seconded by Cavanaugh that the communication from the City Planning Commission., transmitting a Quit Claim. Deed from MOEOG., Inc., dated 9/17/68 conveying unto the City of Waterloo the E 67' of Lots Nos. 1 and 2 in "Sunkist Addition" and the W 67' of the E 100' of the N 5 Acres of the S 10 Acres of the NWk SE4 of 36 -89N -13W, for street purposes (LaPorte Road), together with agreement of Burger King Corporation to construct frontage road between Lorraine and Easton Avenues and a print, and recommending approval, be received, placed on file, and Resolution No. 19467, approving and accepting said Deed, and directing the City Clerk to have same recorded, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Miller and O'Connor voted Aye. Nay: None. Absent: None. Mayor Pro Tem declared the resolution adopted. February 10, 1969 - 4- 55868 - 55868 - Moved by Dykeman, seconded by O'Connor that the communication from the Property Administrator, transmitting two (2) Easements, one from Donald A. and Gayle L. Denkinger dated 2/3/69 and the other from Roger E. and Elizabeth A. Smalling dated 1/31/69, for the Columbia Circle storm sewer, for approval and acceptance, be received, placed onfile, approved and accepted, and the City Clerk instructed to have the same recorded. Motion carried. 55869 - Moved by O'Connor, seconded by Dykeman that the communication from the Asst. City Solicitor, transmitting six (6) construction easements and three permanent easements, as follows, together with print, for the construction and maintenance of flood control devices and rechanneli- zation of Virden Creek, and recommending acceptance, be received, placed on file, approved and accepted, and the City Clerk instructed to have the same recorded: Construction Easements Arvella Walentiny . . . John Patrick and Maybelle E. Joyce o Janet E. Bovey and Wallace James Wray Dora M, Conklin . e o., o 0 0 o o Richard L. and Loretta Shirley McKelvie Clarence E. and Anna J. Newville . 0 0 o . o a Dated 2/4/69 Dated 2/4/69 . . . . Dated 2/5/69 . e . . Dated 2/4/69 . . Dated 2/5/69 . . Dated 2/6/69 Permanent Easements Dora Me Conklin . . . . . . , o . . . . . . o . o . Dated 2/4/69 Richard L. and Loretta Shirley McKelvie . . o . o . Dated 2/5/69 Clarence E. and Anna J. Newville. . . . . o . 0 . . Dated 2/6/69 Motion carried. 55870 - An Ordinance of the City of Waterloo, Iowa, declaring and establishing fire zones; repealing Section 3 of Ordinance No. 2422 of the City of Waterloo, Iowa, was read by the Clerk. Moved by Dykeman, seconded by Cohea that said Ordinance be recorded as having passed its first reading. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Miller and O'Connor voted Aye. Nay None. Absent: None. Mayor Pro Tem declared the motion carried. 55871 - Moved by O'Connor, seconded by Dykeman that Resolution No. 19468, a resolution authorizing the sale of houses to provide right-of-way for the rechannelization of Virden Creek at public auction and the terms thereof, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Miller and O'Connor voted Aye. Nay None. Absent: None. Mayor Pro Tem declared the resolution adopted. 55872 - Moved by Cohea, seconded by O'Connor that the communication from the City Engineer, transmitting the request of the Campbell Homes, Inco for payment of the City's share of storm sewer cost in the amount of $4,579.95 for the Carriage Hill Subdivision, and recommending approval, be received, placed on file, approved and Resolution No. 19469, authorizing said payment, being City's share in full, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Miller and O'Connor voted Aye. Nay: None. Absent: None. Mayor Pro Tem declared the resolution adopted. February 10, 1969 - 5 - 55873 - Moved by Cavanaugh, seconded by O'Connor that the comwunication from the Asst. City Engineer, transmitting the Final Estimate and Certificate of Completion and Recommendation of Acceptance submitted by Brice, Petrides & Associates, Inc., Engineers, as to work performed and materials furnished by Rooff Construction Company for the construction of the Rainbow Drive Sanitary Sewer -Westfield -Virden Urban Renewal Project R-7, Contract No. 159, in the City of Waterloo, Iowa, and recommending approval, be received, placed on file, approved and Resolution No. 19470, approving the report, accepting the work and authorizing and certifying payment in full accordingly, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Miller and O'Connor voted Aye. Nay: None. Absent: None. Mayor Pro Tem declared the resolution adopted. 55874 - Moved by Dykeman, seconded by Cohea that the communication from the Asst. City Engineer, transmitting the statement dated 2/5/69, for engineering services from Robinson Engineering Company, Waterloo, Iowa, in connection with the 1968 Sanitary Sewer Program #3 (Country Club Sewer), Contract No. 163, in the City of Waterloo, Iowa, and recommending approval, be received, placed on file and Resolution No. 19471, approving the statement of said firm and authorizing payment accordingly, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Miller and O'Connor voted Aye. Nay: None. Absent: None. Mayor Pro Tem declared the resolution adopted. 55875 - Moved by Cavanaugh, seconded by O'Connor that the Estimate #9 Report of the Asst. City Engineer as to work performed and materials fur- nished by Hurst Excavating Company of Waterloo, Iowa, Contractors, for the construction of the Hansen -Noble District Storm Sewer Program, Contract No. 71,in the City of Waterloo, Iowa, and recommending approval, be received, placed on file, approved and Resolution No. 19472, approving the report and authorizing payment accordingly, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Miller and O'Connor voted Aye. Nay: None. Absent: None. Mayor Pro Tem declared the resolution adopted. 55876 - Moved by O'Connor, seconded by Cohea that the Estimate #5 Report of the City Engineer as to work performed and materials furnished by Hennessey Bros., Inc., Marion, Iowa, Contractors, for the construction of the 1968 Sanitary Sewer Program ##2, Contract Noo 164,in the City of Waterloo, Iowa, and recommending approval, be received, placed on file, approved and Resolution Noo 19473, approving the report and authorizing payment accordingly, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Miller and O'Connor voted Aye. Nay: None. Absent: None. Mayor Pro Tem declared the resolution adopted. 55877 - Moved by Dykeman, seconded by Cavanaugh that the communication from the Asst. City Engineer, transmitting Estimate #8 Report as prepared by Stenson and Warm, Inc., Architects and Engineers, Waterloo, Iowa, as to work performed and materials furnished by Jens Olesen & Sons Construction Company, Waterloo, Iowa, for the Headquarters Fire Station (General Contract) and recommending approval, be received, placed on file, and Resolution No. 19474, approving the report and authorizing payment accordingly, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Miller and O'Connor voted Aye. Nay: None. Absent: None. Mayor Pro Tem declared the - 6 55877 - (Continued) resolution adopted. 55878 - Moved by Keller, seconded by Cohea that Resolution No. 19475, BILLS, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Miller and O'Connor voted Aye. Nay° None, Absent° None. Mayor Pro -Tem declared the resolution adopted. 55879 Moved by Cohea, seconded by Dykeman that the Completion Report of the City Engineer as to work performed and materials furnished by Hennessey Brothers, Inc., Marion, Iowa, Contractors, for the con- struction of the 1968 Sanitary Sewer Program in the City of Waterloo, Iowa, known as Sewer Contract No. 160, be received, placed onfile and Resolution No. 19476, approving the Completion. Report and authorizing payment in full for the non -assessable portion, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Miller and O'Connor voted Aye. Nay° None, Absent: None. Mayor Pro Tem declared the resolution adopted. 55880 - Moved by Cavanaugh, seconded by Cohea that Resolution No, 19477, being a resolution accepting the work and ordering preparation of plat and schedule of assessments for the 1968 Sanitary Sewer Program #1, known as Sewer Contract No. 160, in the City of Waterloo, Iowa, be adopted, On roll call, Cavanaugh, Cohea, Dykeman, Keller, Miller and O'Connor voted Aye. Nay° None. Absent° None. Mayor Pro Tem declared the resolution adopted. 55881 - Moved by O'Connor, seconded by Cavanaugh that the City Engineer's Report, together with Plat and Schedule of Assessments and Breakdown. of Project Costs forthe 1968 Sanitary Sewer Program Noo 1 in the City of Waterloo, Iowa, known as Sewer Contract No, 160, be received and placed on file. Motion carried. 55882 - Moved by Keller, seconded by Cohea that Resolution No, 19478. directing publication of Notice of Filing Plat and Schedule of Assessments for the 1968 Sanitary Sewer Program ¥1, in the City of Waterloo, Iowa, known as Sewer Contract No. 160. be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Keller, Miller and O'Connor voted Aye. Nay° None. Absent: None. Mayor Pro Tem declared the resolution adopted. 55883 - Moved by Keller, seconded by Cohea that the communication from Mayor Turner submitting for Council approval the appointment of Walter Cunningham, 1927 Spring View Street, to fill the unexpired term, ending March 16, 1970, of Mrs. Sally McLendon, on the Waterloo Commission on Human Rights, be received, placed on file and appointment approved, Motion carried 55884 Moved by O'Connor, seconded by Cohea that the communication from the Chief of Police requesting approval of the promotion of Patrolman Alvin Meyer to the rank of Detective, effective February 16, 1969. be received, placed on file and promotion approved. Motion carried. 55885 Moved by Cohea, seconded by O'Connor 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 City Engineer 5th Annual Concrete for four Engine- Paving Workshop ering Personnel LOCATION Des Moines, Iowa City Engineer Asphalt Technology Ames, Iowa for two Engine- Short Course ering Personnel Iowa State University DATES EXPENSE February 25 $60,00 + & 26, 1969 use of City Vehicle March 3 thru $110, ea. -1- 6, a,+6, 1969, in- use of City clusive Vehicle On roll call, Cavanaugh, Cohea, Dykeman, Keller, Miller and O'Connor voted Aye. Nay None, Absent None. Mayor Pro Tem declared the motion carried, 55886 Moved by Cavanaugh, seconded by Cohea that the following applications and bonds for permission to sell beer at the locations designated, be received, placed on file, the bonds approved, and Resolution No. 19479, approving said applications for certain beer permits in the City of Waterloo, Iowa, be adopted CLASS "B" PERMITS Waterloo Catering Service, Inc., dba Cabaret, 3355 Airline Highway Glenn A. Wright dba Glenn's Tap, 1445 Sycamore Street Bert Medhaug dba The Jet, 451 W. Parker Street Merton McDougall dba Pat's Place, 303 West Fourth. Street On roll call, Cavanaugh. Cohea, Dykeman, Keller, Miller and O'Connor voted Aye. Nay None, Absent None. Mayor Pro Tem declared the motion carried. 55887 Moved by O'Connor, seconded by Keller that the following application, bond, and fee for Liquor Permit at the locationdesignated 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 for- warded to the Iowa Liquor Control Commission, duplicate copies of the application and insurance liability certificate be received, placed on file, and Resolution No, 19480, approving the application, be adopted, Class "C" Waterloo Catering Service, Inc. dba Cabaret, 3355 Airline Highway On roll call, Cavanaugh, Cohea, Dykeman, Keller, Miller and O'Connor voted Aye. Nays None. Absent None. Mayor Pro Tem declared the resolution adopted, 55888 Moved by Cohea, seconded by O'Connor that the report of the City Attorney, advising that the bonds filed with the City Clerk up to the close of business on February 10, 1969, 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. 55889 Moved by Keller, seconded by Cohea;t the Council adjourn. Motion carried. February 10, 1969 James Ra Wilso City Clerk ''T1 C? t'l H td iv 1-c r r Pc' �c!)H D tT1 tT] v)r H O i © O z� • • H LA) 0