HomeMy WebLinkAbout12/11/19720 i' St- 7r -
City Hall, Waterloo, 1cwa
REGULAR SESSION
December 11, 1972 - 7.30 P.M
The City Council of the City of Waterloo, Iowa, met in Regular Session in !!-R;
City Council Chambers in the City Hallin said City at 7:30 P M. on December
1972.
Mayor Pro Tem Miller in the Chair.
Present: Councilmen Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey.
Absent None._
Councilman Charles Dykeman offered the invocation,
63107 - Moved by Cohea, seconded by Mabrey that the Agenda, as amended, for the
Regular Session of December 11, 1972 at 730 P.M,, be accepted and ap-
proved.
Motion carried.,
63108 - Moved by Cavanaugh, seconded by Cohea that the Minutes of the Regular
Session of December 4, 1972 at 7:30 P.M, and the Special Session of
December 7, 1972 at 12,00 Noon, be approved.
Motion carried.
63109 - Moved by Dykeman, seconded by Morrissey that the proof of publication of
the notice of public hearing to vacate and convey to Consrruct:ion Machin-
ery a part of Wilby Street, a part. of Beech Street and a part of North-
South Alley in Wilby's Addition (North of Glenwood Street and West of
Linden Avenue), in the City of Waterloo, Iowa, as more fully described
in the publication in the Waterloo Daily Courier on November 22 and 29,
1972, be received and placed on file.
Motion carried.
63110 The Mayor Pro Tem announced the time had arrived to hear objections, if
any, and asked if any one 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 Clerk reported no written ob-
jections had been filed.
Thereupon, it was moved by Morrissey, seconded by Cavanaugh that an
Ordinance be drawn and submitted vacating a part of Wilby Street, part
of Beech Street, part of North-South Alley which lies Wly of Lot 18 and
Ely of Lots 19, 20 and 21, Wilby's Addition, lying North of Glenwood
Street and West of Linden Avenue, in the City of Waterloo, Iowa, as fully
described in the published notice in the Waterloo Daily Courier on. Novem-
ber 22 and 29, 1972.
Motion carried.
63111 - An Ordinance vacating a part of Wilby Street, part of Beech Street, part
of North-South Alley which lies Wly of Lot 18 and Ely of Lots 19, 20 ana
21, Wilby's Addition (North of Glenwood Street and West of Linden Avenue)
in the City of Waterloo, Iowa, was read by the Clerk
Moved by Cohea, seconded by Dykeman that the rules requiring ordinances
to be read in full on three separate days be suspended, said ordinance
be recorded as having passed its first, second and third readings, and
be now placed on its final adoption.
63111 - (Continued)
On roll calf Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor Pro Tem de-
clared the motion carried.
63112 - Moved by Keller, seconded by Cohea that Ordinance No,. 261.6, an Ordinance)
vacating a part of Wilby Street, part of Beech Street, part of North-
South Alley which lies Wly of Lot 18 and Ely of Lots 19, 20 and 21,
Wilby's Addition (North of Glenwood Street and West of Linden Avenue),
in 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 ordinance adopted.
63113 - Director of Public Works Culver reported that the water lines located
in said parts of streets and alley should be sold to the Construction
Machinery Company. Wirt Hoxie, Attorney, in behalf of said Company,
said he thought the City could sell and convey the water lines and re-
tain easement rights.
Moved by Keller, seconded by Mabrey that action on the conveyance of
said part of Wilby Street, part of Beech Street, and part of North-
South Alley which lies Wly of Lot 18 and Ely of Lots 19, 20 and 21,
Wilby's Addition (North of Glenwood Street and West of Linden Avenue)
to Construction Machinery Company be deferred to December 18, 1972,
Motion carried.
63114 - Moved by Mabrey, seconded by Morrissey that the communication from the
Iowa Natural Resources Council reporting on the 1972.annual inspection
of City of Waterloo dam, be received and placed on file.
Motion carried.
63115 - Moved by Keller, 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,
Month of September, 1972
Police Chief
Month of October. 1972
Supt, of Water Pollution Control Plant
Clerk of Municipal Court
McElroy Auditorium Board of Trustees
Northeast Council on Alcoholism
City Treasurer
Month of November 1972
Milk Sanitarian
Waterloo Humane Society
Supt. of Streets
Building Official for: Building Inspector
Electrical Inspector
Heating & Air Pollution Inspector
Plumbing Inspector
Housing Inspector
Motion carried.
December 11, 1972
- 3 -
63116 - Moved by Dykeman, seconded by Keller that the communication from the
City Engineer, transmitting Addendum #1 to the Contract dated 7/27/70
with Brice, Petrides & Associates, Inc., Engineers, for Engineering Ser-
vices for the Comprehensive Drainage Study, approved under C.R. #62652
of 8/28/72, and recommending approval, be received, placed on file, ap-
proved and Resolution No. 22299, approving and directing execution of
said Addendum #1 by the Mayor and City Clerk 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.
63117 - Moved by Cohea, seconded by Cavanaugh that the communication from the
City Engineer, transmitting Change Order #4 for the U.S. Highway #218
South Widening Program, Contract No, 129, covering additional work per-
formed by Cedar Falls Construction Co., Contractors, at an additional
cost of $595.70, and recommending approval, be received, placed on file,
approved and the Mayor and City Clerk authorized to sign same in behalf 1
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,
63118 - Moved by Mabrey, seconded by Cohea that the communication from the City
Engineer, transmitting Change Order #1 for the 1972 Sanitary Sewer Pro-
gram #1, Contract No. 172, covering additional work performed by Gjelle-
fald Constructors, Inc,, Contractors, at an additional cost of $534.00,
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, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor Pro Tem de-
clared the motion carried.
63119 An Ordinance amending Section 23 of Ordinance No. 2203 known as the
Traffic Ordinance, by repealing Sub -Section 3, Red Alone or"Stop" and
enacting in lieu thereof a new Sub -Section 3, Red Alone or "Stop" and
Eight Turn After St;o2a, providing for right turns after stopping at
certain intersections, was read by the City Clerk,
Councilman Keller reported these signs would be the same as those used
in all other locations in the State of Iowa.
Councilman Mabrey stated that after the vehicles stop, they would yield
the right of way to the other traffic before turning right.
Moved by Morrissey, seconded by Dykeman that the rules requiring ordin-
ances to be read in full on three separate days be suspended, that said
ordinance be recorded as having passed its first, second and third read-
ings, 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.
63120 Moved by Dykeman, seconded by Cavanaugh that Ordinance No. 2617, an
Ordinance amending Section 23 of Ordinance No. 2203 known as the Traffic
Ordinance, by repealing Sub -Section 3, Red Alone or "Stop"'and enacting
December 11, 1972
4
63120 - (Continued)
in lieu thereof a new Sub -Section 3, Red Alone or "Stop" and Right Turn
After Stop, providing for right turns after stopping at certain inter-
sections, 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.
63121 - Moved by Cavanaugh, seconded by Mabrey that the communication from the
Low Rent Housing Commission, transmitting a resolution authorizing said
Commission to execute a Depositary Agreement with a local bank, be re-
ceived, placed on file and Resolution No. 22300, a Resolution of the
Waterloo City Council authorizing the Waterloo Low Rent Housing Commis-
sion to enter into a Depositary Agreement for Program Reservation IA -50-
D with the Waterloo Savings Bank and authorizing the Chairman and/or
Secretary of said Commission to execute the same on behalf of the Water-
loo Low Rent Housing Commission, 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,
63122 Matters were discussed concerning the financing of pollution control
facilities which it is proposed will be leased, operated and maintained
by Iowa Public Service Company. Whereupon, it was moved by Cavanaugh,
seconded by Dykeman that Resolution No. 22301, a Resolution fixing a
date of hearing on proposed Pollution Control Revenue Bonds (Iowa Public
Service Company Project), Series 1973, 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.
63123 Moved by Morrissey, seconded by Cohea that the communication from the
City Engineer, transmitting the request of Black & Veatch, Consulting
Engineers, for the Iowa Public Service Company for payment of the City's
share in the amount of $4,950000 for the construction of sanitary sewer
on Ridgeway Avenue to serve a sub -station, approved by Council Action
#62049 of 5/1/72, and recommending approval, be received, placed on file
approved and Resolution No. 22302, authorizing payment, being the City's
share in full, 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.
63124 Moved by Cohea, seconded by Dykeman that the communication from the City
Engineer, transmitting Estimate No, 8 as submitted by Brice, Petrides
& Associates, Inc., Engineers, Waterloo, Iowa, as to work and materials
furnished by M. F. Goerdt Construction Co., Dubuque, Iowa, for the con-
struction of Westfield -Virden Urban Renewal Project R-7, Falls Avenue
Area Street Improvements, Sewers and Incidentals, Contract Noe 132,
Phase I, and recommending approval, be received, placed on file and
Resolution Noo 22303, approving the report and certifying payment accord
ingly, 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.
December 11, 1972
- 5 -
63125 Moved by Dykeman, seconded by Cavanaugh that the communication from the
City Engineer, transmitting the Certificate of Completion and Recommend-
ation of Acceptance, as submitted by Brice, Petrides & Associates, Inc.,
Engineers, Waterloo, Iowa, as to work performed and materials furnished
by Mepco, Inc., Contractors, Waterloo, Iowa, for the Project No. Iowa
OSC-39 (DL), Stage 1, East High Park and Recreation Area, Contract No.
130, and recommending approval subject to the issuance of a certified
check in the amount of $13,680 to the School Administration covering
any uncompleted work as outlined in said Engineers' letter of 11/21/72,
be received, placed on file, recommendations approved, and Resolution
No. 22304, approving the Certificate of Completion and Recommendation
of Acceptance, accepting the work, and authorizing and certifying pay-
ment be made accordingly by the Waterloo Independent School District
Board, all subject to the issuance of a $13,680 certified check to said
School Board, 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.
63126 Moved by Cavanaugh, seconded by Morrissey that the Final Estimate #10
Report of the City Engineer as to work performed and materials furnished
by Cedar Falls Construction Co., Contractors, Cedar Falls, Iowa, for
the construction of the U.S. Highway #218 South Widening Program, known
as Contract No. 129, in the City of Waterloo, Iowa, and recommending
approval, be received, placed on file, approved and Resolution No.
22305, approving the Final Report, accepting the work and authorizing
payment in full accordingly, 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.
63127 Moved by Mabrey, seconded by Cohea that �the communication of the City
Engineer, transmitting the Reprt as to work performed
and materials furnished by Gjellefald Constructors, Inc., Contractors,
Forest City, Iowa, for the construction of the 1972 Sanitary Sewer Pro-
gram #1, Contract No. 172, together with said Contractors' $2500 certi-
fied check to be retained until completion of the Cedar Terrace inter-
section and restoration of private property driveways, and recommending
approval, be received, placed on file, approved and Resolution No.
22306, approving the Final Report, accepting the work and authorizing
payment in full accordingly, 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.
63128 Moved by Dykeman, seconded by Keller that the Completion Report of the
City Engineer as to work performed and materials furnished by Cedar
Valley Corporation, Contractors, Waterloo, Iowa, for the construction
of the 1972 Paving Program #1, Contract No. 127, in the City of Water-
loo, Iowa, and recommending approval, be received, placed on file and
Resolution No. 22307, approving the Completion Report and authorizing
payment in full for the non -assessable portion, be adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor Pro Tem
declared the resolution adopted.
December 11, 1972
- 6 -
63129 Moved by Morrissey, seconded by Cavanaugh that the Completion Report
of the City Engineer as to work performed and materials furnished by
Clayton E. Marquart, Inc., Contractors, Waterloo, Iowa, for the Removal
of Foundations for Signals, Minor Contract No, 83, in the City of
Waterloo, Iowa, and recommending approval, be received, placed on file
and Resolution Noo 22308, approving the report, accepting the work and
authorizing payment in full accordingly, 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.
63130 - Moved by Cohea, seconded by Dykeman that the communication from the
Director of Public Works, transmitting a statement dated 11/30/72 from
Veenstra & Kimm, Consulting Engineers, for engineering services for
completion of plans and specifications for the Sewage Treatment Plant
Improvements, Phase V, and recommending approval, be received, placed
on file and Resolution No. 22309, approving the statement of said firm
and authorizing payment in accordance therewith, be adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: Nora Mayor Pro Tem de-
clared the resolution adopted.
63131 Moved by Keller, seconded by Dykeman that Resolution Noo 22310, BILLS,
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 resoluti•-n adopted.
63132 Moved by Cavanaugh, seconded by Morrissey that the communication from
Jon Fister, transmitting a copy of an abstract of title opinion stating
the public notice required for the sale by the City of Waterloo of the
East 1/2 of Park View Boulevard adjoining the North 104.5' of Lot 6,
in'Miller's Replat of Lot 26 of Auditor Francis Reitzel Plat' was not
given, and requesting the validation of the prior conveyance of said
real property to Acme Construction Company by Quit Claim Deed dated
8/31/61 and recorded 9/1/61, be received, placed on file and Resolution,
Noo 22311, fixing the time and place of hearing as January 2, 1973 at
7:30 P.M. in the Council Chambers of the City Hall, 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.
63133 Moved by Dykeman, seconded by Cohea that the communication from the
Director of Public Works, transmitting the offer of Don Westendorf,
Waverly, Iowa, to purchase the 3/4 yard drag bucket for $100.00, same
being a part of the Lima Dragline the City is offering for sale, and
recommending refusal, be received, placed on file, recommendations
approved and offer not accepted.
Motion carried.
63134 - Moved by Morrissey, seconded by Cavanaugh, that the City Clerk be in-
structed to publish "Notice of Hearing on Proposed Amended Budget -1972",
of the City of Waterloo, Iowa, as required by law, with date of hearing
being set as December 26, 1972.
Motion carried.
December 11, 1972
- 7 -
63135 Moved by Cavanaugh, seconded by Dykeman that Resolution Noo 22312, a
Resolution accepting work and ordering preparation of plat and schedule
of assessments for the 1972 New Sidewalk Program, Contract Noo 40, in
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.
63136 - Moved by Cohea, seconded by Keller that the City Engineer's Final Plats
and Schedules of Assessments, Breakdown of Project Costs, etc for the
1972 New Sidewalk Program, Contract No. 40, be received and placed on
file.
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,
63137 Moved by Dykeman, seconded by Cohea that Resolution No, 22313, adopting
and levying final schedule of assessments, and providing for the pay-
ment thereof, be adopted, for the 1972 New Sidewalk Program, Contract
Noo 400
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.
63138 Moved by Mabrey, seconded by Cavanaugh that Resolution Noo 22314, fix-
ing January 8, 1973, at 7:30 P.M. in the Council Chambers of the City
Hall in the City of Waterloo, Iowa, as the time and place for hearing
on proposed assessments for cutting and destruction of weeds for the
Year 1972, 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.
63139 Moved by Morrissey, seconded by Mabrey that Resolution Noo 22315, mak-
ing assessments for cleaning of vaults in the City of Waterloo, Iowa,
for the Calendar Year 1972, 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.
63140 - Moved by Cohea, seconded by Morrissey that the communication from
Mayor Turner submitting for Council approval the following four (4)
names for reappointment to the Board of Heating with terms to expire
December 31, 1974, be received, placed on file and approved:
Fred Loomer
J. D. Knight
Francis Halbmaier
Robert Van Duyn
Motion carried.
63141 - Moved by Keller, seconded by Cohea that the communication from Mayor
Turner, submitting for Council approval the name of John D. Swinehart
for re -appointment to the Board of Adjustment for a five-year term to
expire December 8, 1977, be received, placed on file and approved.
Motion carried®
December 11, 1.972
4
8
63142 - Moved by Mabrey, seconded by Cohea that the communication from Mayor
Turner, submitting for Council approval the name of Dr. Warren Nash to
serve as member of the Low -Rent Housing Commission to fill the unexpired
term of James C. Anderson, Jr., ending July 13, 1974, be received,
placed on file and approved.
Motion carried.
63143 - Moved by Cavanaugh, seconded by Morrissey that the following applications
together with bonds and fees, for renewal of City Permits to operate Mo-
bile Home Parks at locations designated, be received, placed on file and
approved:
Joe P. Reuter dba Twin City Mobile Home Park, 2520 Falls Avenue
Gordon E. Kunz dba Falls Mobile Home Park, 253E falls Avenue
Leo T. Doenges dba East Gate Mobile Homes Estates, 400 Idaho Street
Motion carried.
63144 - 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, I.wa, be, and the same are hereby approved fr
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 applicati ns, etc., be received, placed on
file, and Resolution No. 22316, appr•ving the applications, be adopted:
Class "C"
Lawrence P. Jensen dba Buzz°s, 856 Rainbow Drive
Thomas N. Martin dba Thunderbird Tap, 715 Ansborough Avenue
Donald D. Buhmann & Patricia K. Cowell dba Black Bull Lounge,
607 Ansborough Avenue
Thomas William Allen dba Airliner Lounge, 3850 West Airline Hiway
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.
63145 Moved by Cohea, seconded by Morrissey that the new application, bond and
fee for a Class "C" Beer and Liquor Permit from Richard T. Powers dba
Yankee Kitchen for permission to sell beer and liquor at 2122 Kimball
Avenue, in the City of Waterloo, Iowa, be received, placed on file and
permission granted subject to building being approved by various inspec-
tors, and Resolution Noo 22317, approving said application, 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.
63146 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 ap-
proved and permit granted:
Lawrence P. Jensen dba Buzz's, 856 Rainbow Drive
Motion carried.
63147 - Moved by Dykeman, seconded by Keller 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 license
granted:
December 11, 1972
••
63147 - (Continued)
9
David Druce Hamilton, 221 Fowler Street
Motion carried.
63148 - Moved by Morrissey, seconded by Cohea that the report of the City Attor-
ney, advising that the bonds filed with the City Clerk up t the close
of business on December 11, 19729 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.
63149 - Moved by Cohea, seconded by Dykeman that the Council adjourn.
Motion carried.
December 11, 1972
Andrew A. Blomberg,
City Clerk
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