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Home My WebLink About08/14/1972uic r77s-70 City Hall, Waterloo, Iowa REGULAR SESSION August 14, 1972 - 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 August 14, 1972. Mayor Turner in the Chair. Present: Councilmen Cavanaugh, Dykeman, Keller, Mabrey and Morrissey, Absent: Councilmen Cohea and Miller, Councilman Charles Dykeman offered the invocation. 62538 - Moved by Keller, seconded by Mabrey tnat tne Agenda, as amended, for the Regular Session of August 14, 1972 at 7:30 P.M., be accepted and approved, Motion carried. 62539 - Moved by Cavanaugh, seconded by Morrissey that the Minutes of the Reg- ular Session held August 7, 1972 at 7:30 P.M., be approved, Motion carried. 625401 - Moved by Cavanaugh, seconded by Keller tnat the proof of publication of the notice of public hearing to vacate and convey to Falls Avenue Wesle- yan Church, part of the existing alley on Lots 213 and 214 and all the alley south of said Lots, and a part of East-West alley lying south of Lots 212 and 211 except the east 16° of the existing alley south of Lot 211, all in the First Addition to Calloway, in the City of Waterloo, Iowa, as more fully described in tne publication in tne Waterloo Daily Courier on July 20 and 27, 1972, be received and placed on file. Motion carried. 62541 - The Mayor announced the time had arrived to hear objections, if any, and asked if anyone present wished to be heard or make objections, or if any written objections had been filed witn tne Clerk. Oral objections were made by: John Davis, 621 Harwood Avenue Duane Timmerman, 615 Harwood Avenue The Acting City Clerk reported no written objections nad been filed. It was moved by Morrissey, seconded by Mabrey that the objections be received, placed on file, this hearing be, and the same is hereby closed, and action deferred until August 21, 1972. Motion carried. 62542 - Marion Wilson, 2205 Byron Avenue, appeared before the Council and stated she was being discriminated against by Zoning Ordinance No. 2479 in re- gard to keeping ponies on her property. 62543 Moved by Mabrey, seconded by Cavanaugh that the communication from the United Services of Black Hawk County, Inc. requesting permission to use a gaslight torch at tne south end of the Fifth Street Bridge for the period of United Way Campaign for 1972 to begin September 13, 1972 and ending November 1, 1972, be received, placed on file and request appro- ved at no cost to the City of Waterloo. Motion carried. - 2 62544 - Moved by Dykeman, seconded by Morrissey that the communication from the City Engineer, transmitting the request from Hartleip Equipment Company for a curb drop at 1421 Commercial Street, in connection with the 1972 Paving Program #3, Contract Noe 134, and recommending approval with said drop to be made when the street is paved,be received, placed on file and recommendations approved. Motion carried, 62545 Moved by Mabrey, seconded by Cavanaugh that the communication from the City Engineer, transmitting the request from James Chambers of F0 We Means & Co., for permission to extend storm sewer from Franklin Street on Linden Avenue to Fowler Street with the City of Waterloo to partici- pate in the cost, reporting the City's share to be $3,020000, and recom- mending approval with the City to provide staking and inspection services, be received, placed on file, approved and permission granted in accord- ance with the City Engineer's recommendations. On roll call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: None. Absent: Cohea and Miller. Mayor declared the motion carried. 62546 Moved by Keller, seconded by Dykeman that the communication from the City Engineer, transmitting the request from Control -O -Fax Management, Inco for reimbursement from the City of Waterloo in the amount of $4,950,00 for City's share of cost in the extension of an 8" sewer main from the manhole east of driveway at 2700 Airline Highway approximately 950° west along highway right-of-way, approved by Council action of 9/27/71 Resolu- tion No. 21491, and two-year maintenance bond in the amount of $6,928.50 for said improvement, and recommending approval, be received, placed on file, recommendations approved, payment in the amount of $4,950.00 auth- orized, and said bond approved and accepted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: None. Absent: Cohea and Miller. Mayor declared the motion car- ried. 62547 Moved by Morrissey, seconded by Cavanaugh that the communication from the City Engineer, transmitting the request from Wendell Madole for per- mission to construct a temporary concrete driveway without regard to sidewalk grade at 1522 Shady Lane, Waterloo, Iowa, together with $3000 in cash for recording waiver, and recommending approval subject to the provisions of his letter, be received, placed on file, request approved and Resolution No. 22090, granting permission and authorizing construe - ti n irrespective of a later official grade, be adopted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: None. Absent: Cohea and Miller. Mayor declared the resolution adopted. 62548 Moved by Morrissey, seconded by Cavanaugh that the communication from the City Engineer, transmitting the request from Mrs. Edwin Rohner for permission to construct a temporary asphalt driveway without regard to sidewalk grade at 225 Zelmar Drive, Waterloo, Iowa, together with $3.00 in cash for recording waiver, and recommending approval subject to the provisions of his letter, be received, placed on file, request approved and Resolution Noo 22091, granting permission and authorizing construc- tion irrespective of a later official grade, be adopted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: None. Absent: Cohea and Miller. Mayor declared the resolution adopted. August 14, 1972 - 3 62549 Moved by Dykeman, seconded by Mabrey that the communication from the City Clerk and Auditor, transmitting the recommendation .f the Associ- ated Insurance Advisors, Inc., Park Ridge, Illinois, that the City of Waterloo, Iowa, renew its Workmen's Compensation "Insurance with Bitum- inous Casualty Company, be received, placed on file and renewal of said insurance with Bituminous Casualty Company approved. On roll call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: None. Absent: Cohea and Miller. Mayor declared the motion car- ried. 62550 - Moved by Cavanaugh, seconded by Morrissey that the following Monthly Re- ports of the various City Department Officials and others, be received, placed on file and referred to the respective committees: Months of March, April May and ��une� 1972 Municipal Court Clerk Month of June 1972 Waterloo Cedar Falls Transit Co Northeast Council on Alcoholism. Housing Inspector Supt. of Water Pollution Control Plant Board of Trustees of McElroy Auditorium Police Chief Milk Sanitarian City Treasurer City Auditor and Clerk Month of July1972 Supt. of Streets Milk Sanitarian City Treasurer City Auditor and Clerk Building Official for: Building Inspector Electrical Inspector Heating & Air Pollution Inspector Plumbing Inspector Housing Inspector Beard of Trustees of McElroy Audit.rium Motion carried. 62551 - Moved by Dykeman, seconded by Cavanaugh that the communication from the City Plan and Zoning Commission, transmitting the Final Plat of Central Heights Second Addition, Waterloo, Iowa, a copy of Resolution adopted by the said Commission appr•ving the Plat, Deed of Dedication, Engineer's certificate c Survey, Report of the City Engineer, Contract for install- ation of sewers and street improvements in the am.unt of $152,975.40 and sewer performance bond for $40,276.9O, and recommending approval, be re- ceived, placed on file, approved, Mayor and City Clerk authorized to ex- ecute said Contract, and Resolution No. 22092, approving said Final Plat, adopted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: Noneo Absent: Cohea and Miller. Mayor declared the resolution adopted. 62552 - Moved by Morrissey, seconded by Dykeman that the communication from the Building Official, transmitting Contract and Bond of Anderson Teague Construction for Demolition of Old Buildings, Demolition Contract No, B-24, be received, placed on file and Resolution No, 22093, approving said Contract and Bond, be adopted. August 14, 1972 4 62552 - (Continued) On roll call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: None. Absent: Cohea and Miller.. Mayor declared the reso- lution adopted. 62553 - Moved by Cavanaugh, seconded by Morrissey that the communication from the Director of Public Works, transmitting a letter from Veenstra and Kimm, Consulting Engineers, for Sewage 'treatment Plant Improvements, Phase IV, and six copies each of Contract Amendment Nos. 6 and 7 for time extensions, and recommending approval, be received, placed on file, and the Mayor and City Clerk authorized and directed to execute said Contract Amendment Nos. 6 and 7 in behalf of the City of Waterloo, Iowa. On roll call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: None. Absent: Cohea and Miller, Mayor declared the motion carried. 62554 Moved by Dykeman, seconded by Cavanaugh that the two communications from the City Engineer, transmitting Change Order #1 at an additional cost of $812.00 and Change Order #2 at a decrease in cost of $397,16, for work performed by Hurst Excavating Co., Inc,, Waterloo, Iowa, for the City View Heights Storm Sewer Program, Component V, Contract No, 162, and recommending approval, be received, placed on file, approved and the Mayor and City Clerk authorized to sign same in behalf of the City of Waterloo, Iowa. On roll call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: None. Absent: Cohea and Miller. Mayor declared the motion carried. 62555 - Moved by Cavanaugh, seconded by Morrissey that the communication from the City Engineer, transmitting Change Order No, 1 for the 1972 Paving Program #3, Contract Noo 134, for work performed by Cedar Falls Construc- tion Co., Cedar Falls, Iowa, at an additional cost of $100,00, and rec- ommending approval, be received, approved and the Mayor and City Clerk authorized to sign same in behalf of the City of Waterloo, Iowa. On roll call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: None. Absent: Cohea and Miller. Mayor declared the motion carried. .32556 - Moved by Keller, seconded by Dykeman that the two communications from the City Engineer, transmitting Change Order #1 and Change Order #2 covering additional work performed by Cedar Valley Corporation in con- nection with the 1972 Paving Program #1, Contract No. 127, at additional costs of $2,256.60 and $250.00 respectively, and recommending approval, be received, placed on file, approved and the Mayor and City Clerk authorized to sign same in behalf of the City of Waterloo, Iowa. On roll call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: None. Absent: Cohea and Miller. Mayor declared the motion carried. 62557 - Moved by Mabrey, seconded by Cavanaugh that the communication from the City Engineer, transmitting Change Order #3 for U.S. Highway #218 South Widening Program, Contract No. 129, covering work performed by Cedar Falls Construction Co., at an additional cost of $600.00, and recommend- ing approval, be received, placed on file, approved and the Mayor and City Clerk authorized to sign same on behalf of the City of Waterloo, Iowa. August 14, 1972 - 5 62557 - (Continued) On roll call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: None. Absent: Cohea and Miller. Mayor declared the motion carried. 62558 Moved by Dykeman, seconded by Keller that the communication from the City Engineer, transmitting the Contract and Bond of Clayton E. Marquart Inc., Waterloo, Iowa, for the Removal of Fundations for Signals, Minor Contract No. 83, in the City of Waterloo, Iowa, in the amount of $1,418.60, be received, placed on file and Resolution Noo 22094, approv- ing said Contract and Bond, be adopted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: None. Absent: Cohea and Miller. Mayor declared the reso- lution adopted. 62559 Moved by Morrissey, seconded by Mabrey that the communication from the City Engineer, transmitting a contract dated 8/12/72 between the City of Waterloo, Iowa and Lillian M. and Delbert C. Ford, wherein the City offers to purchase right of way at the intersection of Letsch Road and Rainbow Drive, part of Lot 13, Pleasant Valley Addition, in connection with the 1972 Paving Program #1, Contract No. 127, for the total amount of $2,350.00, with payment to be in the form of a credit of assessment of $1341.33 and cash of $1008.67, and recommending approval, be received, placed on file, approved and accepted, Mayor and City Clerk authorized and directed to execute same in behalf of the City of Waterloo, Iowa, and the City Clerk instructed to issue a warrant for $1008.67 in payment therefore On roll call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: None. Absent: Cohea and Miller. Mayor declared the motion carried. 62560 An Ordinance adopting a Charter for the City of Waterloo, Iowa, embody- ing the existing f,.rm f government on July 24, 1972, was read by the Acting City Clerk, Moved by Keller, seconded by Dykeman that said Ordinance be recorded as having passed its third reading (the first having passed under C.R. # 62484 of 7/24/72, the second under C.R. #62523 of 8/7/72), and be now placed on its final adoption. On roll call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: None. Absent: Cohea and Miller. .Mayor declared the motion carried. 62561 Moved by Morrissey, seconded by Cavanaugh that Ordinance Noo 2603, an Ordinance adopting a Charter for the City of Waterloo, Iowa, embodying the existing form of government on July 24, 1972, be adopted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey, and Morrissey voted Aye. Nay: None. Absent: Cohea and Miller. Mayor declared the ordinance adopted, 62562 Moved by Cavanaugh, seconded by Morrissey that the communication from the Community Development Administrator, transmitting a Resolution authorizing the filing of an application with the Department of Trans- portation, United States of America, for a grant under the Urban Mass Transportation Act of 1964, as amended", be received, placed on file and Resolution No, 22095, authorizing the filing of an application for said grant, be adopted. August 14, 1972 6 62562 - (Continued) On roll call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: None. Absent: Cohea and Miller. Mayor declared the reso- lution adopted. 62563 - Moved by Dykeman, seconded by Mabrey that Resolution Noe 22096, a reso- lution of the Waterloo City Council approving the resolution of the Waterloo L Rent Housing Commission in regard to the development pro- gram for additional units of low rent housing in the City of Waterloo, Iowa, be adopted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: None. Absent: Cohea and Miller. Mayor declared the resolution adopted. 62564 - Moved by Keller, seconded by Dykeman that Resolution No. 220979 a reso- lution authorizing the Mayor and City Clerk to execute the Waiver Agreement of Percy A. Hanna with respect to the demolition of buildings at 701-703-705-707 Commercial Street, be adopted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: None. Absent: Cohea and Miller. Mayor declared the resolution adopted. 62565 Moved by Cavanaugh, seconded by Morrissey that the communication from the Director of Public Works, transmitting a statement dated 7/25/72 from Veenstra & Kimm, Consulting Engineers, for engineering services for the Water Pollution Control Plant Improvements, Phase IV, and recommend- ing approval, be received, placed on file and Resolution No. 22098, ap- proving the statement of said firm and authorizing payment in accordance therewith, be adopted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: None. Absent: Cohea and Miller. Mayor declared the resolution adopted. 62566 Moved by Dykeman, seconded by Keller that the communication from the City Engineer, transmitting Estimate No. 4 as submitted by rice, Petrides & Associates, Inc., Engineers, Waterloo, Iowa, as to work and materials furnished by M. F. Goerdt Construction Co., Dubuque, Iowa, for the construction of Westfield -Virden Urban Renewal Project R-7, Falls Avenue Area Street Improvements, Sewers and Incidentals, Contract No. 132, Phase I, and recommending approval, be received, placed on file and Resolution No. 22099, approving the report and certifying pay- ment accordingly, be adopted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: None. Absent: Cohea and Miller. Mayor declared the resolution adopted. 62567 Moved by Cavanaugh, seconded by Dykeman that the communication from the City Engineer, transmitting Estimate #6 Report as submitted by Brice, Petrides & Associates, Inc., Engineers, Waterloo, Iowa, as to work and materials furnsthed by Mepco, Inc., Waterloo, Iowa, for Project No. Iowa OSC-39 (DL), Stage 1, East High Park and Recreation Area, Contract No. 130, and recommending approval, be received, placed on file and Resolution No. 22100, approving the report and certifying payment to be made by the Waterloo Independent School District Board, be adopted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: None. Absent: Cohea and Miller. Mayor declared the resolution adrpted. August 14, 1972 - 7 - 62568 Moved by Morrissey, seconded by Cavanaugh that the communicatisn from the City Engineer, transmitting Partial Payment Estimate No. 9 Report, as sub- mitted by Brice, Petrides & Associates, Inc., Waterloo, Iowa, Consulting Engineers, as to work and materials furnished by Lunda Construction Com- pany, Black River Falls, Wisconsin, for the construction of River Road Bridge, Westfield -Virden Urban Renewal Project R-7, Bridge Contract No. 8, in the City of Waterloo, Iowa, and recommending approval, be received, placed on file and Resolution No. 22101, approving the report of said firm and certifying payment accordingly, be adopted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: None. Absent: Cohea and Miller. Mayor declared the resolution adopted. 62569 - Moved by Cavanaugh, seconded by Dykeman that the communication from the City Engineer, transmitting Estimate #6 Report as submitted by Brice, Petrides & Associates, Inc., Engineers, Waterloo, Iowa, as to work and materials furnished by Cedar Valley Corporation, Waterloo, Iowa, for the construction of the Cedar -Commercial Street Area Westfield -Virden Urban Renewal Project R-7 in the City of Waterloo, Iowa, known as Contract No. 174, and recommending approval, be received, placed on file and Resolu- tion No. 22102, approving the report and certifying payment accordingly, be adopted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: None. Absent: Cohea and Miller. Mayor declared the resolution adopted. 62570 Moved by Dykeman, seconded by Morrissey that the communication from the City Engineer, transmitting the Final Estimate #10 Report as submitted by Brice, Petrides & Associates, Inc., Engineers, Waterloo, Iowa, as to work and materials furnished by Hurst Excavating Co., Inc., Contractors, Waterloo, Iowa, for the construction of City View Heights Storm Sewer, WS -Iowa -70, Component V, Contract No. 162, in the City of Waterloo, Iowa, and recommending approval, be received, placed on file and Resolution No. 22103, approving the Final Estimate #10 Report and authorizing pay- ment in full for the non -assessable portion, be adopted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: None. Absent: Cohea and Miller. Mayor declared the resolution adopted. 62571 Moved by Mabrey, seconded by Cavanaugh that the communication from the Director of Public Works, submitting a statement dated 8/10/72 for the preliminary engineering study for the Hackett -Wagner By -Pass from Brice, Petrides & Associates, Inc., Consulting Engineers, and recommending ap- proval, be received, placed on file and Resolution No. 22104, approving the statement of said firm and authorizing payment accordingly, be adopted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: None. Absent: Cohea and Miller. Mayor declared the resolution adopted. 62572 Moved by Morrissey, seconded by Cavanaugh that the communication from the Waterloo Chamber of Commerce, transmitting a statement dated 8/4/72 from the Iowa Educational Information Center for services rendered during Phase II of the Interagency Data Processing Feasibility Study, for payment of the City's one-third share of cost in the sum of $818.89, be received, placed on file, approved and Resolution No. 22105, authorizing said pay- ment, be adopted. August 14, 1972 8 62572 - (Continued) On roll. call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: None Absent: Cohea and Miller. Mayor declared the resolution adopted. 62573 - Moved by Keller, seconded by Mabrey that Resolution No. 22106, BILLS, be adopted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: None. Absent: Cohea and Miller. Mayor declared the resolution adopted. 62574 Moved by Mabrey, seconded by Morrissey that the communication from the City Clerk and Auditor reporting an offer of $4,000 each, or a total of $24,000, has been made by the City of Col.;rado Springs, Colorado, for the sale of six (6) GMC Model 3501 T.D.H. Passenger Buses without tire, be received, placed on file, Council Action #62412 of July 1(:) pertain- ing to the sale of one Bus to Grace Baptist Church, Evansdale, Iowa, and five Buses to Sioux City Transit Company, Sioux City, Iowa, rescinded, and the offer of the City of Colorado Springs, Colorado, in the total amoudt of $24,000 for six (6) Buses accepted, subject to Department of Transportation approval. On roll call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: None. Absent: Cohea and Millere Mayor declared the motion carried, 62575 - Moved by Keller, seconded by Dykeman that the communication from the Uni- versity of Iowa, Iowa Educational Information Center, reporting that con- ditions favoring use of automatic data processing exist in the City of Waterloo, Black Hawk County and Waterloo Community School District, an interagency data processing center would serve the needs of the three agencies and would preclude the unnecessary duplication of data base and unwarranted proliferation of financial resources, and urging the partici- pating agencies to continue this project, be received and placed on file, and said Center instructed to proceed with Phase III of feasibility study. Motion carried. 62576 - Moved by Cavanaugh, seconded by Morrissey that the following applications, bonds and fees for Beer Permits at the locations designated in the City of Waterloo, Iowa, be, and the same are hereby approved for the issuance of licenses, that the approval be endorsed on the applications and for- warded to the Iowa Beer and Liquor Control Department with certified fee receipts, duplicate copies of the applications, etc., be received, placed on file, and Resolution No. 22107, approving the applications, be adopted:! Class "B" Charlotte Mo Medhaug dba Jackie's Place, 708 Jefferson Street George Gartelos dba Diamond Cafe, 405 Westfield Avenue On roll call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: None. Absent: Cohea and Miller. Mayor declared the resolution adopted. 62577 - Moved by Morrissey, seconded by Cavanaugh 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 applications and all items forwarded to the Iowa Beer and Liquor Control Department, and duplicate copies of applications, etc., be received, placed on file, and Resolution No. 22108, approving the applications, be adopted: August 14, 1972 9 62577 (Continued) Class "C" Dewey S. Hundley dba Ritz Tavern, 320 West Fourth Street Daniel J. Fix dba The Dugout, Inc., 1125 West Donald Street On roll call, Cavanaugh, Dykeman, Keller, Mabrey and Morrissey voted Aye. Nay: None. Absent. Cohea and Miller. Mayor declared the resolution adopted. 62578 Moved by Cavanaugh, seconded by Morrissey that the following application and bond for permission to sell cigarettes at the location as designated, in the City of Waterloo, Iowa, be received, placed on file, the bond approved and permit granted: Steak -O -Rama, Inc., 3840 University Avenue Motion carried. 62579 - Moved by Dykeman, seconded by Mabrey that the report of the City Attorney, advising that the bonds filed with the City Clerk up to the close of bus- iness on August 14, 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. 62580 Moved by Dykeman, seconded by Keller that the Council adjourn. Motion carried, August-. 14, 1972 Tom Ca •bell, Acting City Clerk - n w Ua rt Mx 1"1-1 pu cn rt N C=1 CD Cl3 11 I CA 1—` H O v O O w z' O H O ro •