HomeMy WebLinkAbout06/26/1972City Hall, Waterloo, Iowa
REGULAR SESSION
June 26, 1972 m 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 June 26, 1972.
Mayor Turner in the Chair.
Present: Councilman Cavanaugh,Cohea, Dykeman, Mabrey, Miller and Morrissey.
Absent: Councilman Keller.
Councilman Glenda Mabrey offered the invocation.
62334 - Moved by Cohea, seconded by Miller that the Agenda, as proposed, for the
Regular Session of June 26, 1972 at 7:30 P,M., be accepted and approved.
Motion carried,
62335 - Moved by Cavanaugh, seconded by Morrissey that the Minutes of the Regu-
lar Session held June 19, 1972 at 7:30 P.M., be approved.
Motion carried.
62336 m Moved by Dykeman, seconded by Cohea that the communication from tne City
Engineer, transmitting Applications for Paving and Waiver of all Legal
Proceedings Relative to tne paving of Meadow Lane from Russell Road to
Ansborough Avenue in connection with the 1972 Paving Program #1, Con-
tract No. 127, from Community Mortgage and Investment Co., Dixon Devel-
opment, Inc. and Splash, Inc., be received, placed on file, approved,
accepted and the City Clerk directed to have same recorded.
Motion carried.
62337 - Moved by Miller, seconded by Mabrey that the communication from the City
Engineer reporting certain corrections to be made in the schedule of
assessments for the 1972 Paving Program #1, Contract No. 127, be recei-
ved, placed on file and corrections approved.
Motion carried.
62338 Moved by Miller, seconded by Dykeman that the communication from the
City Engineer reporting the paving of Hughes Addition, including Maynard
Avenue (Eastwood), is scheduled in the 1972 Paving Program #1, Contract
No. 127, that it is to the mutual benefit of all people north of Maynard
Avenue to get access to Central High School, and recommending City par-
ticipation in the cost of one-half of pavement construction from Letsch
Road to Valley Road in an amount not to exceed $4,950000 in the form of
reduction in assessments for the subdivision, he received, placed on
file, recommendations approved and the City Engineer instructed to pro-
ceed accordingly.
On roll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey
voted Aye. Nay: None. Absent: Keller. Mayor declared the motion
carried.
62339 - Moved by Miller, seconded by Dykeman that the communication from the
City Engineer reporting the subdivisions known as H. Ray Hughes Addition
and Paul's Replat of a Part of Lawless Addition are included in the 1972
Paving Program #1, Contract No. 127, that it is necessary these proper-
ties have water main and services installed prior to paving construc-
tion, the subdivider is financially limited, and suggesting the Water
Works Board of Trustees make the necessary arrangements with the sub-
divider to provide the necessary underground improvements, be received,
2
62339 - (Continued)
placed on file, approved and the City Engineer directed to proceed ac-
cordingly with notification of said Board.
Motion carried.
62340 - Moved by Morrissey, seconded by Cavanaugh that the proofs of publication
of the '''Notice to Property Owners" on the Proposed Resolution of Neces-
sity for certain street improvements in the City of Waterloo, Iowa,
known as the 1972 Paving Program #1, Contract No. 127, and "Notice of
Resolution ordering underground water and sewer connections to be made
in the City of Waterloo, Iowa in conjunction with the 1972 Paving Pro-
gram No. 1, Contract No. 127", be received and placed on file.
Motion carried.
62341 - The Mayor then called for objections to the adoption of the proposed
Resolution of Necessity for the construction of certain street improve-
ments in said Municipality, pursuant to notice of the time and place of
hearing duly published and mailed, and pursuant to prior action of said
Council; and announced to those present at said Council meeting that both
written and oral objections would be received and considered by the Coun-
cil at this time.
Denman Phillips and Art Carter asked consideration of alternate bids for
asphaltic concrete. Mayor Turner advised this was the time for objec-
tions to paving and the City Attorney said the Council would have to go
back through a new hearing.
Oral objections were made by
1. McKinley Cook, 415 Beech Street, objecting to portland cement concrete
paving on Beech Street;
2. James L. Bodine, representing Loretta M. Kriz, et al, 301 Webster
Street, objecting to paving Webster Street, stating only 25 proper-
ties in this area and incomes were less than $2500;
3. Fred Conrad, 1060 Evergreen Avenue, objecting to paving Evergreen
Avenue, as improved road would bring additional motorcyles;
4. Robert Wilson, 1061 Evergreen Avenue, retired person, objected to
Evergreen Avenue;
5. Mario Olson, 1056 Evergreen Avenue, objected to Evergreen Avenue;
6. Dale Ohl, 720 Englewood Avenue, objected to Englewood Avenue;
7. Clyde Kistner, 620 Englewood Avenue, objected due to sewer problem;
8. Louise Newell, 628 Englewood Avenue, objected due to sewer problem;
9. Zora Walters, 815 Englewood Avenue, objected to paying for intersec-
tion;
10. Jim Knipp, representing Raymond Knipp, 1236 Hammond Avenue, objected
to Cornwall Avenue, together with Ambrose Hanson, 1320 Hammond Avenue
and Merle Grove, 1242 Hammond Avenue;
110 M. U. Horak, 115 Hillside Avenue, representing all of affected prop-
erty owners of Hillside Avenue, objected to paving of Hillside Avenue;
City Engineer King explained the assessment procedure.
Speaking in support were:
1. Curt Parsons, 207 Miriam Drive, in favor of paving Miriam Drive;
2. Lester Saboe, 1327 Vermont Street in favor of paving Miriam Drive;
3. Wilbur Foutch, 616 Magnolia Parkway in favor of paving Magnolia
Parkway;
4. Mrs. Elmer Bourgeois, 612 Magnolia Parkway in favor of paving
Magnolia Parkway;
5. K. W. Rube, 715 Magnolia Parkway in favor of paving Magnolia Parkway;
6e Harold Riley, 605 Hartman Avenue, supporting Evergreen Avenue paving.
3
62341 - (Continued)
The Clerk reported the following written objections and petitions in
support had been filed:
Objections:
1. Jo Siddens, 111 Hillside Avenue, et al objecting to paving of Hill-
side Avenue from Frederic Avenue to Mitchell Avenue, representing
67.27, objectors;
20 Russell E. Gates, 636 Magnolia Parkway, et al, objecting to paving
Magnolia Parkway from Falls Avenue to Upton Avenue, representing
30.37 objectors;
3. Joseph N. Arquette, 120 Frederic Avenue, etal, objecting to paving
of Maryland Avenue from Frederic Avenue to Carolina Avenue, repre-
senting 82.1% objectors;
4. Gertrude L. Staack, 1320 Vermont Street, et al, objecting to paving
of Miriam Drive from Vermont Street to Hale Street, representing
80.6% objectors;
5. Richard R. and Sandra L. Van Beisien, 609 Kirkwood Avenue, et al,
objecting to paving Kirkwood Avenue from Bismark Avenue to Stratford
Avenue, representing 557 objectors;
6. Clyde Kistner, 620 Englewood Avenue, et al, objecting to paving of
Englewood Avenue from Rock Island Avenue to Stratford Avenue, rep-
resenting 40% objectors;
7. Jacob Schaffer, 1005 Wilbur Street, et al, objecting to paving of
Wilbur Street from Hartman Avenue to Janney Avenue, representing
67.5% objectors;
8. Arlene R. Wilson, 1061 Evergreen Avenue, et al, objecting to paving
of Evergreen Avenue from Janney Avenue to Harwood Avenue, represent-
ing 52.8% objectors;
9. Fred R. Debe, 704 Bertch Avenue, objecting to Bertch Avenue.
Petition in support:
1. Betty A. Smith, etal, in favor of paving Magnolia Parkway from
Stratford Avenue to Upton Avenue;
2. Calvin Jondle, et al, in favor of paving 1100 block of Cornwall
Avenue, between West 9th Street and Randolph Street;
3. Anna Alexander, 324 Webster Street, in favor of paving Webster
Streetbetween Eas Fourth Street and North Barclay Street.
4. Patricia Simmons, L73 Graceline Blvd., et al, in favor of paving Mary-
land Avenue, from Kimball Avenue to Lovejoy Avenue represent 70% of assessabe
prop9rty Move by Dykeman, seconded by Cbtiea that Lhe Above objections and peti-
owners. tions in support, be received and placed on file.
Motion carried.
62342 - After reviewing all the objections received, the Council found and de-
termined that remonstrances, pursuant to the provisions of Section
391A014 of the Code of Iowa, 1971, were filed with the Council, pertain-
ing to any of the streets, Avenues and roads, or portions thereof, pro-
posed to be constructed as set out in said Resolution of Necessity as
originally proposed.
Moved by Dykeman, seconded by Miller that Resolution No. 22004, sustain-
ing the objections to the paving of Wilbur Avenue, Kirkwood Avenue,
Maryland Avenue from Carolina Avenue to Frederic Avenue, Hillside Avenue
and Miriam Drive, and overruling all other objections, be adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey
voted Aye. Nay: None. Absent: Keller. Mayor declared the resolution
adopted.
June 26, 1972
- 4
62343 - Moved by Cohea, seconded by Cavanaugh that Resolution Noo 22005, a Res-
olution amending Resolution of Necessity for the 1972 Paving Program #1,
Contract No. 127, be adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey
voted Aye. Nay: None. Absent: Keller. Mayor declared the resolution
adopted.
62344 - Moved by Cavanaugh, seconded by Cohea that Resolution Noo 22006, a Reso-
lution adopting the Resolution of Necessity, as amended, for the 1972
Paving Program #1, Contract Noo 127, be adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey
voted Aye. Nay: None. Absent: Keller. Mayor declared the resolution
adopted.
62345 - Moved by Miller, seconded by Cohea that Resolution No. 22007, a resolu-
tion directing Engineer to prepare detailed plans and specifications and
directing Attorney to prepare form of contract and notice to bidders on
the "Waterloo, Iowa, 1972 Paving Program #1 - Contract #127, be adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey
voted Aye. Nay: None. Absent: Keller. Mayor declared the resolution
adopted.
62346 - Moved by Cohea, seconded by Morrissey that the City Engineer's proposed
plans, specifications, form of contract, form of proposal, preliminary
estimate of cost, etc., for the 1972 Paving Program #1, Contract No. 127,
be received and placed on file°
Motion carried.
62347 - Moved by Mabrey, seconded by Cohea that Resolution No. 22008, a Resolu-
tion ordering construction, approving plans, specifications and form of
contract and notice to bidders, fixing amount of bidders check and
ordering City Clerk to publish notice to bidders and fixing date for re-
ceiving same, and for a public hearing on plans, specifications and form
of contract (1972 Paving Program #1, Contract No. 127), be adopted, and
said date being set as July 17, 19720
On roll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey
voted Aye. Nay: None. Absent: Keller. Mayor declared the resolution
adopted.
62348 - Moved by Dykeman, seconded by Cohea that the communication from the Di-
rector of Public Works, submitting informal proposals for the purchase
of one new asphalt paver for use by the Street Department, and reporting
the Public Works Committee and Street Superintendent recommend the accep-
tance of the bid of Rexco Equipment, Inc., Hiawatha, Iowa, in the amount
of $26,650 with trade-in for the purchase of one Barber Green Asphalt
Paver, be received, placed on file, said bid of Rexco Equipment, Inc.
accepted and the City Clerk directed and authorized to issue a purchase
order and warrant in payment for same.
On roll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey
voted Aye. Nay: None. Absent: Keller. Mayor declared the motion
carried.
62349 - Under C.R. #62263 of 6/12/72, the bids for the sale of nine (9) GMC Model
3501 T.D.H. Passenger Buses without tire was referred to the Finance and
Purchasing Committee and were now presented for consideration.
June 26, 1972
5
62349 - (Continued)
Moved by Dykeman, seconded by Cohea that the report of the Finance and
Purchasing Committee on the sale of the above buses, be received, placed
on file, and the City Clerk authorized to negotiate for the best price
with those bidders who submitted bids, with a report back on July 10,
1972.
Motion carried,
62350 - Curt Parsons thanked the Council for proposing to pave Miriam Drive and
orally requested that said Miriam Drive be returned to the original grade
and included in the next three year oiling program.
Moved by Cohea, seconded by Miller that the above request be received,
placed on file, approved and ordered included in the 1973 Oiling Program.
Motion carried.
62351 - Moved by Miller, seconded by Mabrey that the communication from the City
Engineer, transmitting the request of Wayne H. and Ida E. Schwartz, 721
Englewood Avenue, for waiver of sewer and water hookup on Lots 253 and
251, Galloway Addition (Englewood Avenue), as shown on the attached
print, and recommending consideration as requested, be received, placed
on file and approved.
On roll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey
voted Aye. Nay: None. Absent: Keller. Mayor declared the motion
carried.
62352 - Moved by Morrissey, seconded by Cavanaugh that the petition of Dale A.
Kilpatrick, 414 Home Park Blvd., et al, requesting removal of the load-
ing zone in the 1400 block of West Third Street, be received,placed on
file and referred to Traffic Department to check and report back to the
Council on July 3, 1972,
Motion carried.
62353 - Moved by Mabrey, seconded by Miller that the communication from the City
Engineer, transmitting the request from the Waterloo Community Schools
for permission to construct one 22° curb cut on north side of Maynard
Street opposite the intersection of Beverly Street to serve the parking
lot of Castle Hill School, 1700 Maynard Avenue, as shown on the attached
plat, and recommending approval subject to the provisions of his letter,
concurred by the Police Department, be received, placed on file, recom-
mendations approved and permission granted in accordance therewith at
no cost to the City of Waterloo, Iowa.
Motion carried.
62354 - Moved by Miller, seconded by Cohea that the communication from the City
Engineer, transmitting the requestfrom the Waterloo Community Schools
for permission to construct one 22' curb cut on the north side of Arling-
ton Street between Hope Avenue and Sherman Street to serve parking lot
of Roosevelt School, 200 East Arlington Street, as shown on the attached
plat, and recommending approval subject to the provisions of his letter,
concurred by the Police Department, be received, placed on file, recom-
mendations approved and permission granted in accordance therewith at
no cost to the City of Waterloo, Iowa.
Motion carried.
June 26, 1972
- 6 -
62355 - Fred Re Debe appeared before the Council and pointed out various streets
less than 31° where parking was allowed.
Moved by Mabrey, seconded by Cohea that the communication from Fred Re
Debe requesting restoration of parking on the South side of Bertch Ave-
nue, be received, placed on file and action deferred until Bertch Avenue
has been paved.
Motion carried.
62356 - Under C.R. #62302 of 6/19/72 the request of Fred R. Debe for permission
to construct a 36° commercial curb cut at 712 Bertch Avenue or the elim-
ination of the no parking restriction was referred to the Council -as -
Whole and was now presented for consideration and were informed that the
request for the 36° commercial curb cut at 712 Bertch Avenue was with-
drawn by the applicant.
Moved by Morrissey, seconded by Cavanaugh that the request of Fred Ra
Debe for a 36° commercial curb cut at 712 Bertch Avenue be withdrawn.
Motion carried.
62357 - Moved by Miller, seconded by Cohea that the communication from the Com-
munity Development Administrator, transmitting a Supplemental Agreement
to Contract No, DACW25-71-C-0008 Agreement with the D.S. Army Corps of
Engineers in connection with the local flood protection project, and
recommending approval, be received, placed on file and Resolution No.
22009, a resolution approving a Supplemental Agreement to Contract No.
DACW25-71-C-0008 Agreement with the D.S. Army Corps of Engineers for
advance non-federal work to be performed by the City of Waterloo, Iowa,
in connection with the local flood protection project, authorized by
Congress for the City of Waterloo, Iowa, be adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey
voted Aye. Nay: None. Absent: Keller. Mayor declared the resolution
adopted.
62358 - An Ordinance amending Ordinance No. 2597, dividing the City of Waterloo,
Iowa, into Wards and Precincts,adopted May 15, 1972, by repealing Sec-
tion 5, 10 and 26 and enacting in lieu thereof new Sections 5, 10 and 26,
was read by the City Clerk.
Moved by Dykeman, seconded by Cohea 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, Dykeman, Mabrey, Miller and Morrissey
voted Aye. Nay: None. Absent: Keller. Mayor declared the motion
carried,
62359 - Moved by Cohea, seconded by Morrissey that Ordinance No. 2601, amending
Ordinance Noo 2597, dividing the City of Waterloo, Iowa, into Wards and
Precincts, adopted May 15, 1972, by repealing Sections 5, 10 and 26 and
enacting in lieu thereof new Sections 5, 10 and 26, be adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey
voted Aye. Nay: None. Absent: Keller. Mayor declared the ordinance
adopted.
June 26, 1972
7 c
62360 - Moved by Cavanaugh, seconded by Morrissey that Resolution No. 220109 ap-
proving the minutes of the Community Development Board for their regular
meeting held May 109 19729 in the City of Waterloo, Iowa, be adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey
voted Aye. Nay: None. Absent: Keller. Mayor declared the resolution
adopted.
62361 - Moved by Miller, seconded by Cohea that the communications from the Low
Rent Housing Commission submitting minutes of their special meeting held
May 19, 1972 and regular meeting held June 7, 1972, be received, placed
on file and Resolution No. 22011., approving said minutes, be adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey
voted Aye. Nay: None. Absent: Keller. Mayor declared the resolution
adopted.
62362 - Moved by Miller, seconded by Dykeman that Resolution No. 22012, BILLS,
be adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Mabrey., Miller and Morrissey
voted Aye. Nay: None. Absent: Keller. Mayor declared the resolution
adopted.
62363 - Moved by Miller, seconded by Morrissey that the following request for
permission to attend the function on the date and at the location des-
ignated, with expenses allowed not to exceed the amount shown, be re-
ceived, placed
emceived,.placed on file, approved and permission granted:
From
Attend
Location
Dates Expense
Fire Chief Missouri Valley Fire Denver,
Chiefs' Conference Colorado
June 15 thru
21, 1972 in-
clusive
$260.00
On roll. call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey
voted Aye. Nay: None. Absent,: Keller. Mayor declared the motion
carried.
62364 - Moved by Dykeman, seconded by Miller that the application, bond and fee
of Diskay Discount Mart Subdivision of W. T. Grant Co., 101 East Fourth
Street, for license to conduct a Going -Out -Of -Business or Liquidation
Sale, effective June 28, 1972 to terminate September 1, 1972, be re-
ceived, placed on file and license granted.
Motion carried.
62365 Moved by Morrissey, seconded by Cavanaugh 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. 22013, approving the applications, be
adopted:
Class "C"
Randall McComas dba Rainbow Meats, 600 Reber Avenue
Neva C. Arend dba Roma Janes, 508 West Fourth Street
National Tea Co. dba Del Farm Food Store, West llth Street & Washington
Street
June 26, 1972
8
62365 (Continued)
Class "B"
Margaret Schoel, Robert Hileman, Louise Hileman, Vern Nelson and Robert
Boyken dba Waterloo Bowl -In, 120 Jefferson Street.
On roll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey
voted Aye. Nay: None. Absent: Keller. Mayor declared the resolution
adopted.
62366 Moved by Cohea, seconded by Morrissey 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 Depart-
ment, and duplicate copies of applications, etc., be received, placed on
file, and Resolution No. 22014, approving the applications, be adopted:
Class "B"
Fuldy Enterprises, Inc. dba Quality Courts Motel, West 5th Street and
Jefferson Street
Class "A"
Fraternal Order of Eagles, Waterloo Aerie #764, 202 East First Street
Waterloo Lodge #328 L -0-0-M, 211 West Eighteenth Street
Class "C"
Louis J. Schmitz dba TV Tap, 1435 Sycamore Street
Joseph Dale McFarland dba Welcome Inn, 901-903 Sycamore Street
Cadillac Lanes, Inc., 650 LaPorte Road
The James Black Company dba Black's Sky Room, 201 East Fourth Street
M. G. Broadway dba Broadway's Lounge, 516-518 Sycamore Street
Veterans of Foreign Wars Post #1623, 612 Jefferson Street
Maxwell E. Wood dba Wood's Tavern, 226 West Eleventh Street
Eunice H. Podhaski dba Pod's Tap, 1918 Hawthorne Avenue
Merton L. McDougall dba Pat's Place, 303 West Fourth Street
Winfred J. Gillett dba Cross Keys Lounge, 3005 university Avenue
Knights of Columbus dba Club 700, 1955 Locke Avenue
On roll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey
voted Aye. Nay: None. Absent: Keller. Mayor declared the resolution
adopted.
62367 Moved by Cavanaugh, seconded by Morrissey that the one hundred (100)
applications and bonds for permission to sell cigarettes at various lo-
cations in the City of Waterloo, Iowa, be received, placed on file, the
bonds approved and permits granted.
Motion carried,
62368 - Moved by Cohea, seconded by Miller that the report of the City Attorney,
advising that the bonds filed with the City Clerk up to the close of
business on June 26, 1972, as shown on the list attached to said report,
have been approved by him, be received, placed on file, and the report
and bonds approved.
Motion carried.
62369 - Moved by Dykeman, seconded by Miller that the Council adjourn.
Motion carried.
Andrew A. Blomberg,
City Clerk
June '26. 1972.
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