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HomeMy WebLinkAbout01/22/1973Y - ?pi City Hall, Waterloo, Iowa REGULAR SESSION January 22, 1973 - 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 January 22, 1973. Mayor Pro Tem Miller in the Chair. Present: Councilmen Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey. Absent. Councilman Keller. Councilman Charles Dykeman offered the invocation. 63305 - Moved by Cohea, seconded by Morrissey that the Agenda, as amended, for tne Regular Session of January 22, 1973 at 7:30 P.M., be accepted and approved. Motion carried. 63306 - Moved by Cavanaugh, seconded by Mabrey that the Minutes of the Regular Session held January 15, 1973 at 7:30 P,M, and the Adjourned Session :Ze'd January 16, 1973 at 12:00 Noon, be approved. Motion carried. 63307 - Moved by Morrissey, seconded by Cohea that the proof of publication of the Notice of Public Hearing on Proposal to Sell Real Estate in the City of Waterloo, Iowa, known as Disposal Parcel No. 83-A in the Westfield - Virden Urban Renewal Area, Project No. Iowa R-7, to George Sotak, as fully described in the said notice published in the Waterloo Daily Cour- ier on December 21, 1972, be received and placed on file. Motion carried. 63308 The Mayor Pro Tem announced tne time had arrived to hear objections, if any, and asked if anyone present wished to be heard or make objection, or if any written objections had been filed with tne Clerk. No one appeared to object orally, and the City Clerk reported there had been no written objections placed on file. After public hearing and no objections raving been made or filed, it was moved by Mabrey, seconded by Cavanaugh that Resolution No. 22377, a resolution approving the sale of Disposal Parcel No. 83-A in the West- field -Virden Urban Renewal Area, Project No. Iowa R-7 and authorizing the execution of tne necessary contract for sale of land for private re- development and deed, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Keller. Mayor Pro Tem declared the resolution adopted. 63309 - Moved by Cavanaugh, seconded by Dykeman that the communication from the City Planning Commission, transmitting the request of J. L. Smith dba Midwest Paper and Metals Company for the Council on its own motion to rezone a parcel of land in a part of the SWk of Section 20 -89N -12W lying North of Independence Avenue and East of Starr Drive (formerly owned by Shipp Mobile Home Mfg. Co.), in the City of Waterloo, Iowa, from "M-1" Light Industrial District to "M-2" Heavy Industrial District, as shown on the attached print, and recommending approval, be received, placed on file, recommendations approved, date of hearing set as February 12, 1973 at 7:30 P M. and the Clerk instructed to publish the necessary notice. Motion carried. - 2 - 63310 - Moved by Morrissey, seconded by Cohea that the communication from the Heating Inspector, transmitting request from George M. Sanford, Water- loo, Iowa, for refund of deposit on heating certificate in the amount of $100, as he is no longer doing business as Sanford Plumbing & Heat- ing, and recommending approval, be received, placed on file and refund granted. On roll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Keller. Mayor Pro Tem declared the motion carried, 63311 - Moved by Dykeman, seconded by Cohea that the communication from the Chairman of the Metro Transit Authority requesting payment of $51,000 subsidy for 1972 Expenses and $7,000 monthly during 1973 for bus subidy, be received, placed on file, and Resolution No. 22378, approving said request and authorizing the City Clerk and Auditor to draw warrants ac- cordingly, be adopted. On rcll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Keller. Mayor Pro Tem declared the resolution adopted. 63312 - Under Council Action No, 63294 of 1/15/73 action was deferred on the sanitary sewer projects for which allocations were made in the 1973 capital improvement budget, and was now presented for consideration. Moved by Mabrey, seconded by Cavanaugh that the City Engineer be in- structed to proceed with the sewer studies and to include the Cedar Terrace sanitary sewer project at an estimated cost of $450,000 and submit to the Council for further consideration. On roll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Keller. Mayor Pro Tem declared the motion carried. 63313 - Under Council Action #62887 of 10/16/72 and #63286 of 1/1.5/73 further action was deferred on. "An ordinance vacating allthat part of the exist- ing alley in Pleasant View Addition lying west of LaPorte Road between Plymouth. Avenue and. East Ridgeway Avenue and east from a point 10 feet east of the west line of Lot 364 in Pleasant View Addition" until ac- cess to Lot 479 could be resolved. Moved by Dykeman, seconded by Cavanaugh that action be deferred on the vacation, sale and convey of that part of existing alley in Pleasant View Addition lying west of LaPorte Road between Plymouth Avenue and East Ridgeway Avenue and east from a point 10' east of the west line of Lot 364 to John Rottger untilnecessary documents are submitted to the Council_ Motion carried. 63314 - Moved by Morrissey, seconded by Dykeman that the communication from the Asst. City Attorney, transmitting two Quit Claim Deeds, one from Claris- sa E. Avis, an unremarried widow, dated 12/20/72 and the other from Hal N, and Audrey A. Rowe, husband and wife, dated 12/29/72, conveying unto the City of Waterloo, Iowa, certain real property located in Auditor Whitneys Road Plat, Castle Hill, for street purposes (Letsch Road), be received, placed on file and Resolution No. 22379, approving and accept- ing said deeds and directing the recording of same, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Keller. Mayor Pro Tem declared the resolution adopted. January 22, 1973 - 3 - 63315 - Moved by Cohea, seconded by Dykeman that the communication from the City Engineer, transmitting a Warranty Deed dated 11/7/72 from Nellie V. Gillette, Abstract of Title and other documents, conveying unto the City of Waterloo, Iowa, certain real property in Section 29 -89N -12W, known as 1107 Bishop Avenue, be received, placed on file and Resolution No. 22380, approving and accepting said deed and directing the recording of same, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Keller. Mayor Pro Tem declared the resolution adopted. 63316 Moved by Mabrey, seconded by Cohea that the communication from the Com- munity Development Administrator, transmitting Urban Mass Transportation Capital Grant Contract between the City of Waterloo, Iowa and the Depart- mentof Transportation, Urban Mass Transportation Adminstration, to pro- vide $171,748.00 for a capital grant under the Urban Mass Transportation Act of 1964, as amended, be received, placed on file, approved and Reso- lution No. 22381, authorizing the City of Waterloo to execute an agree- ment with the Department of Transportation, Urban Mass Transportation Administration for said capital grant, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Keller. Mayor Pro Tem declared the resolution adopted. 63317 Moved by Cavanaugh, seconded by Dykeman that the communication from the City Engineer, transmitting Change Order #5 (Final), for a decrease in cost of $61,206.06 to be reflected in supplementary contract, with work to be performed by M. F. Goerdt Construction Co., Dubuque, Iowa, Con- tractors, for the Maywood Sewers Program, Component II., WS -Iowa -70, Con- tract No. 162, and recommending approval, be received, placed on file and denied. Motion carried. 63318 - Councilman Miller reported the Public Safety Committee were of the opin- ion that the property described as "Original Plat Waterloo East, N.W. 959 Lot 2, Block 36, NOW. 95' of N.E. 40' Lot 3, Block 36, subject to reservation for driveway over S.E. 59 thereof" would not be usable for any other purpose; they offered $17,500 for the property which was re- jected by the seller and a higher price asked; the Public Safety Com- mittee turned down the higher price, and the seller then accepted the offer of the Committee. Moved by Dykeman, seconded by Cohea that the Uniform Offer and Accept- ance Contract dated 10/4/72 between the City of Waterloo, Iowa, and Dillon Investment Company wherein the City offers to purchase the NW 95' Lot 2, Block 36, NW 95' of NE 40' Lot 3, Block 36, Original Plat. Waterloo East subject tc, reservation for driveway over SE 5' thereof, for the sum of $17,500, be received, placed on file, approved and ac- cepted, and the Mayor and City Clerk authorized and directed to execute same in behalf of the City of Waterloo, Iowa, and the City Clerk in- structed to issue a warrant for $17,500 in payment therefor. -oll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey 4ye. Nay: None. Absent: Keller. Mayor Pro Tem declared the grried, - 4 - 63319 - An Ordinance amending Ordinance No. 2479, as amended, by adding Sub - Section No. 37 to Section 2A-5 of said Ordinance, rezoning certain prop- erty in the City of Waterloo, Iowa, with the City of Waterloo, Iowa, to retain easement rights, was read by the City Clerk. Moved by Cohea, seconded by Morrissey that said Ordinance be recorded as having passed its second reading (the first having passed under C.R. #63279 of 1/15/73). On roll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Keller. Mayor Pro Tem declared the motion carried. 63320 - An Ordinance amending Ordinance No. 2479, as amended, by adding Sub - Section No. 38 to Section 2A-5 of said Ordinance, rezoning certain property in the City of Waterloo, Iowa, was read by the City Clerk. Moved by Cavanaugh, seconded by Cohea that said Ordinance be recorded as having passed its second reading (the first having passed under C.R. #63282 of 1/15/73). On roll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey voted Ayes Nay: None. Absent: Keller. Mayor Pro Tem declared the motion carried. 63321 - Moved by Dykeman, seconded by Cohea that Resolution Noe 22382, a reso- lution accepting and approving certain offers to sell real properties to the City and accepting and approving certain deeds, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Keller. Mayor Pro Tem declared the resolution adopted. 63322 - Moved by Cavanaugh, seconded by Morrissey that Resolution No. 22383, approving the minutes of the Community Development Board for their reg- ular meeting held December 12, 1972, 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 Pro Tem declared the resolution adopted. 63323 - The matter of offering for sale $5,500,000 Civic Center Bonds of the City of Waterloo, Iowa, as authorized at the election held by the City on December 5, 1972, was discussed, whereupon, it was moved by Morrissey seconded by Cohea that Resolution No, 22384, providing for the adver- tisement of $5,500,000 Civic Center Bonds, be adopted, On roll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Keller. Mayor Pro Tem declared the resolution adopted. 63324 - Moved by Mabrey, seconded by Cavanaugh that the communication from the Director of Public Works, transmitting a statement dated 1/11/73 for the preliminary engineering study for the Hackett -Wagner By -Pass from Brice, Petrides & Associates, Inc., Consulting Engineers, and recommend- ing approval, be received, placed on file and Resolution No, 22385, ap- proving the statement of said firm and authorizing payment accordingly, be adopted, On roll call, Cavanaugh, Cchea, Dykeman, Mabrey, Miller and Morrissey voted Aye. Nay: None, Absent: Keller. Mayor Pro Tem declared the resolution adopted. January 22, 1973 - S - 63325 Moved by Cavanaugh, seconded by Morrissey that the communication from the City Engineer transmitting Estimate #12 Report as submitted by Brice, Petrides & Associates, Inc., Engineers, as to work performed and mater- ials furnished by M. F. Goerdt Construction Company, Contractors, Dubuque, Iowa, for the construction of the Maywood Sanitary and Storm Sewers, 1971 Waterloo, Iowa Storm and Sanitary Sewer Program, Component 2, WS -Iowa -70, Contract No, 162, and recommending approval, be received, placed on file and Resolution No. 22386, approving the Estimate #12 Report and author- izing payment accordingly, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey voted Aye, Nay: None, Absent: Keller. Mayor Pro Tem declared the resolution adopted. 63326 Moved by Cohea, seconded by Cavanaugh that the communication from the City Engineer, transmitting Partial Payment Estimate #13 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 Noo 22387, approving the report of said firm and certifying payment accordingly, be adopted. On roll call, Cavanaugh., Cohea, Dykeman, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Keller. Mayor Pro Tem declared the resolution adopted, 63327 - Moved by Dykeman, seconded by Cohea that Resolution Noa 22388, BILLS, be adopted. On roll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Keller. Mayor Pro Tem declared the resolution adopted. 63328 - Councilman Cohea raised a question as to written approval of the Execu- tive Committee of the Commission of Human Rights being attached to travel requests and in the future this approval is to be attached. Moved by Morrissey, seconded by Dykeman t:hat the following requests for permission to attend the functions on the dates and at the locations des- ignated, with expenses allowed not to exceed the amounts shown, be re- ceived, placed on file, approved and permission granted: From Director of Commis- sion of Human Rights Conference Human Relations Specialist Attorney Attend 1.AOHRA Training Associate Director of Research & Planning of Commission of Human Rights Director of Commis- sion of Human Rights January 22, 1973 Confer with Neighborhood Technical In- formation Service Confer with Neighborhood Technical In- formation Service Location Pittsburgh, Pa. Chicago, Illinois Chicago, Illinois Dates Expense January 29 thru Feb- ruary 2, 1973 $690.00 February 2 $ 99.00 & 3, 1973 February 2 $ 30.00 & 3, 1973 63328 - (Continued) From A tend 6 Location Dates Expense City Engineer for two Project Engineers Conference on planning design and operation of sanitary landfill. Ames, Iowa January 31 thru Febru- ary 2, 1973 inclusive $ 69.00 each use of. City Vehicle On roll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Keller. Mayor Pro Tem declared the motion carried. 63329 - Moved by Dykeman, seconded by Cohea that the following applications, to- gether with doctor's certificates and approval of the Chief of Police, for taxicab driver's licenses, be received, placed on file and the lice- nses granted: Daniel George Bransford, 3137 Hammond Avenue Wm. S. Hardy, Jr., 1802 Primrose Drive, Cedar Falls, Iowa Robert Cole, Jr., 928 Franklin Street Motion carried. 63330 - Moved by Mabrey, seconded by Cavanaugh that the following applications for Ambulance Attendant Driver Permits, together with necessary fees, be received, placed on file, approved and Permits granted: Daniel C. Yeager, 1005 Bender Hall UON.I., Cedar Falls, Iowa Wayne C. Pierce, 2211 Sumac Avenue, Cedar Falls, Iowa Fred C. Bruhn, 203 Chestnut Street, Janesville, Iowa Motion carried. 63331 - Moved by Morrissey, seconded by Cavanaugh that the following application, bond and fee for Beer Permit at the location designated in the City of Waterloo, Iowa, be, and the same is hereby approved for the issuance of license, that the approval be endorsed on the application and forwarded to the Iowa Beer and Liquor Control Department with certified fee receipt duplicate copies of the application, etc., be received, placed on file, and Resolution Non 22389, approving the application, be adopted. Class "C" Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #3, 2332 Crossroads Blvd. On roll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey voted Aye. Nay: None, Absent Keller. Mayor Pro Tem declared the resolution adopted. 63332 Moved by Cohea, seconded by Mabrey 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 N. 22390, approving the applications, be adopted: Class "A" Club Security House, Inc. of Amalgamated Local 838, UAW, 515 Rainbow Drive January 22, 1973 7 63332 - (Continued) Class "C" Wayne Fox dba Fox's Bar, 715 Sycamore Street Virginia M. Klebs dba So What Tavern, 303 East 7th Street On roll call, Cavanaugh, Cohea, Dykeman, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: Keller. Mayor Pro Tem declared the resolution adopted. 63333 - Moved by Dykeman, seconded by Cohea that the report of the City Attorney, advising that the bonds filed with the City Clerk up to the close of business on January 22, 1973, as shown on the list attached to said re- port, have beat approved by him, be received, placed on file, and the re- port and bonds approved. Motion carried. 63334 - Moved by Cohea, seconded by Morrissey that the Council adjourn. Motion carried. ( ;7 a ( Andrew A. Blomberg, City Clerk January 22, 1973 • I-' � C/) rt Vti7 (D W Cf F{ CA 1 H O 0 O ✓ Z� H O 0 1-d