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City Hall, Waterloo,.. Iowa
REGULAR SESSION
October 1, 1973 - 7:30 P,M,
The City Council of the City of Waterloo, Iowa, met in Regular Session in the
Council Chambers in the City Hall in said City at 7:30 P.M; on October 1, 1973.
Mayor Turner in the Chair
Present: Councilmen Cavanaugh,Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey,
Absent. None,
Councilman Glenda Mabrey offered the invocation,
64564 - Moved by Cohea, seconded by Morrissey tnat the Agenda, as amended, for
the Regular Session of October 1, 1973 at 7:30 P,M,., be accepted and
approved,.
Motion carried
64565 - Moved by Keller, seconded by Cavanaugh that the Minutes of the Regular
Session held September 24, 1973 at 7.30 P :. be approved.
Motion carried.
64566 Under C.R.#64532 of 9/24/73, action was deferred for one week on the
acceptance of the bid of Cedar Valley Corporation of Waterloo, Iowa, for
the 1973 Seal Coat Program 1, Contract No. 139, for the City Engineer
and City Attorney to study deviation on the Maintenance Bond.
Moved by Cavanaugh, seconded by Mabrey that the communication from the
City Engineer, recommending that tne low bid of Cedar Valley Corporation
of Waterloo, Iowa for tne 1973 Seal Coat Program I, Contract No. 139, in
the City of Waterloo, Iowa, in the amount of $17,280.25, with a waiver
of the 4 -year maintenance bond to a 1 -year maintenance bond, be received
and placed on file and that Resolution No. 22840 accepting the bid of
Cedar Valley Corporation of Waterloo, Iowa in the amount of $17,280.25
for the construction of the 1973 Seal Coat Program I, Contract No. 139,
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 declared the
resolution adopted.
64567 Moved by Miller, seconded by Conea that the communication from the Supt,
of Streets transmitting the following bids for salt to be used by the
Street Department for street maintenance in Waterloo, Iowa, during the
1973-1974 winter season, and recommending acceptance of the bid of Dia-
mond Crystal Salt Co., Dubuque, Iowa, be received, placed on file and
the bid of Diamond Crystal Salt Co,, Dubuque, Iowa, in the amount of
$12.60 per ton dump delivery and $13-60 per ton conveyor delivery, ac-
cepted and the City Clerk directed and authorizedto issue a purchase
order and warrant in payment for same:
Bidder Dum• Deliver •er Ton Conve or Delive ser Ton
Diamond Crystal Salt Co. $12,60 $13.60
Independent Salt Co. $18.46 $18.46
Morton Salt Co- $18.40 $20.00
Domtar Chemicals Inc. $13.00 $14.00
International Salt Co. $12.60 $13.60
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye, Nay: None. Absent: None. Mayor declared the
motion carried,.
- 2 -
64568 - Moved by Cohea, seconded by Cavanaugh that the communication from tae
City Engineer, transmitting the request from Granger and Associates, Inc
for the City of Waterloo to participate in storm sewer costs in conjunc-
tion with the development of San Marnan Drive and Soutnbrooke, and recom
mending the participation as per City policy of $4,95M0 for Phase I
and $4,950..00 for Phase II, be received, placed on file and approved.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay; None. Absent: None. Mayor declared the
motion carried.,
64569 - Moved by Dykeman, seconded by Miller that the communication from the
City Engineer, transmitting a request from Schenck Engineering Company
on behalf of Country Manor, Inc., the owners of Prairie Meadow West Sec-
ond Addition, for permission to construct one (1) 31` commercial
curb cut on Olympic Drive, the center of which will be at station 5 +38,
to serve the condominium now under construction, and recommending appro-
val subject to the provisions of his letter, be received, placed on file,
recommendations approved and permission granted in accordance therewith
at no cost to the City of Waterloo, Iowa.
Motion carried:
64570 - Under C R.#64535 the request of Dan Beuhler, 1524 Black Hawk Road, to
reduce the speed limit on Black Hawk Road between Deere Road and Ansbor-
ough Avenue to 30 miles per hour was referred to the Traffic and
City Engineer's Department for study.
Moved by Dykeman, seconded by Cohea that the communication from Mayor
Turner recommending that the speed limit remain the same as presently
posted, and the request of Dan Beuhler, 1524 Black Hawk Road to reducer_te
speed limitcn Black Hawk Road between Deere Road and Ansborough Avenue
to 30 miles per hour be denied„
Motion carried.
64571 Moved by Miller, seconded by Morrissey that the communication from the
City Engineer, transmitting Contract and Bond of Denman Phillips Cons-
truction Company of Waterloo, Iowa, for construction of the 1973 Resur-
facing Program II, Contract No. 140, in the amount of $44,292.00, be
received, placed on file and Resolution No. 22841, approving said Con-
tract and Bond, be adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay; None.. Absent.: None. Mayor declared the
resolution adopted.
64572 Moved by Morrissey, seconded by Mabrey that the communication from the
City Engineer, transmitting Contract and Bond of Slurry Kote Service of
Minneapolis, Minnesota, for the construction of the 1973 Resurfacing
Program I, Contract No, 137, in the amount of $26,600.30, be received,
placed on file and Resolution No: 22842, approving said Contract and
Bond, be adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None, Absent: None_ Mayor declared the
resolution adopted,
64573 - Moved by Keller, seconded by Miller that the communication from the City
Plan and Zoning Commission, transmitting the request of Wallace Butler,
attorney, in behalf of Richard H. Young,to vacate all easements and ease-
ment areas in Tract A and in Lots 30, 31, 32 and 33 as set out and shown
October 1, 1973
3
64573 - (Continued)
in the Plat and Deed of Dedication of Southridge, Waterloo, Black Hawk
County, Iowa, lying South of an East-West line running through a point
on the East line of Lot 30 in said Southridge that is 113 feet South of
the Northeast corner of said Lot 30, and recommending approval, be re-
ceived, placed on file and Resolution No. 22843, fixing the time and
place of hearing and notice to be given relative to the vacation of said
easement as October 22, 1973 at 7:30 P,M„ in the Council Chambers of the
City Hall, and instructing the Clerk to publish the notice of hearing,
be adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye, Nay: NoneAbsent. None. Mayor declared the
resolution adopted.
64574 - Moved by Mabrey, seconded by Cavanaugh that the communication from the
City Plan and Zoning Commission, transmitting Preliminary Plat of Second
Addition to Southridge in the City of Waterloo, Iowa, the Deed of Dedic-
ation, the City Engineer's Report and said Commission's Resolution of
Approval, and recommending approval, be received, placed on file and
Resolution No. 22844, approving said Preliminary Plat, be adopted,.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye, Nay! None. Absent; None. Mayor declared the
resolution adopted.
64575 - Moved by Morrissey, seconded by Cavanaugh that the communication from
the Community Development Administrator, transmitting an Easement Agree-
ment dated 9/20/73 from the Board of Park Commissioners of the City of
Waterloo, Iowa, for levee right of way for construction of the dike on
land owned by the Board of Park Commissioners, be received, placed on
file, approved and accepted, and the City Clerk instructed to have same
recorded.
Motion carried.
64576 - An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -
Section No.> 55 to Section 2A-5, rezoning certain property in the City
of Waterloo, Iowa, was read by the Clerk.
The Mayor reported that Dr, Davenport agreed to dedicate the right-of-
way for Bethel Street and sign the waiver of all legal proceedings rep-
resentative to the paving of Bethel Street to be done by the City and
assessed against the property; if not done by the sub -divider.
Moved by Keller, seconded by Miller that the rules requiring ordinances
to be read in full on three separate days be suspended, that said ord-
inance be recorded as having passed its second and third readings (the
first having passed under C.R, #64529 of 9/24/73) 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 declared
the motion carried
64577 - Moved by Miller, seconded by Cohea that Ordinance No, 2651, an Ordinance
amending Ordinance No. 2479, as amended, by adding Sub -Section No 55
to Section 2A-5, rezoning certain property 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 declared the
ordinance adopted.
Octobe 1, 1973
4 -
64578 - An Ordinance amending Ordinance No. 2644 known as the Traffic Ordinance
of the City of Waterloo, Iowa, by adding a new section #263 providing fo:
the regulation of school buses and motor vehicles approaching school bus-
es within the City limits of the City of Waterloo, Iowa, was read by the
Clerk.
The Mayor reported this amendment is necessary because of the increase ii
bussing of children. We have approximately 4,000 students being bussed
at the present time, so this amendment to the Traffic Ordinance is neces-
sary.
Moved by Mabrey, 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, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay- None. Absent. None. Mayor declared the
motion carried.
64579 - Moved by Cohea, seconded by Dykeman that Ordinance No2652, an Ordinance
amending Ordinance No, 2644 known as the Traffic Ordinance of the City
of Waterloo, Iowa, by adding a new section #263 providing for the regu-
lation of school buses and motor vehicles approaching school buses withir
the City limits, be adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent. None. Mayor declared the
ordinance adopted.
64580 - The Mayor reported the plans for the new 4th Street Bridge include a
two-lane vehicle bridge, but do not include the covered walkway.
Mr, Petrides reported the plans do include the deck and siaewalls for
the covered walkway.
Dykeman asked what credit we will get from the federal flood control pro-
ject. The Mayor reported it is the City's responsibility to provide
right-of-way for the flood control dikes, but we will not get credit
under the flood control program; however, under the Urban Renewal R-7
Program, we will receive credit for the 4th Street Bridge.
Moved by Morrissey, seconded by Mabrey that the communication from the
City Engineer, transmitting the proposed plans, specifications, form of
proposal, estimate of cost, etc., as prepared by Brice, Petrides & Asso-
ciates, Inc., Engineers, Waterloo, Iowa, for the Demolition and Recon-
struction of Fourth Street Bridge, Bridge Contract No. 9, in the City
of Waterloo, Iowa, be received and placed on file.
Motion carried.
64581 - Moved by Cohea, seconded by Dykeman that Resolution No, 22845, a resolu-
tion preliminarily approving the plans and specifications, form of pro-
posal, estimate of cost, etcfor the Demolition and Reconstruction of
Fourth Street Bridge, Bridge Contract No. 9, 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 declared the
resolution adopted.
October 1, 1973
5
64582 Moved by Miller, seconded by Cohea that the City Clerk be instructed to
publish the "Notice of Hearing on plans and specifications of the Demo-
lition and Reconstruction of Fourth Street Bridge in the City of Water-
loo, Iowa and the Taking of Bids for the Improvement," said date being
set as October 22, 1973, at 7:30 P,M.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent; None, Mayor declared the
motion carried:.
64583 - Moved by Cavanaugh, seconded by Morrissey that Resolution No. 22846, a
Resolution Designating Engineer, for the Waterloo, Iowa, 1973 Paving
Program III, Contract #141, be adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye, Nay: None, Absent: None. Mayor declared the
resolution adopted.
64584 The Mayor asked if this project was fully assessable The City Engineer
reported only half of this would be assessed to property owners and the
balance would be the City's cost because East San Marnan Drive is a
frontage road,
Moved by Cohea, seconded by Dykeman that the communication from the City
Engineer transmitting an application for Paving and Waiver of all legal
proceeding relative thereto and recommending waiver be approved be re-
ceived and Resolution No, 22847 being a Resolution accepting the Appli-
cation for Paving and Waiver of all Legal Proceeding relative thereto
be adopted and instructing the City Clerk to have the same recorded.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye, Nay: None. Absent: None. Mayor declared the
resolution adopted.;
64585 Moved by Miller, seconded by Morrissey that Resolution No. 22848, a Pre-
liminary Resolution for the construction of street improvements in the
City of Waterloo, Iowa, (1973 Paving Program III - Contract #141), be
adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
64586 - Moved by Cavanaugh, seconded by Morrissey that Resolution No. 22849, a
resolution fixing values of lots for the Waterloo, Iowa, 1973 Paving
Program III, Contract #141, be adopted.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted
64587 - Moved by Mabrey, seconded by Cavanaugh that the City Engineer's prelim-
inary plans, specifications, estimate of cost, plats and schedule of
assessments, etc for the construction of the Waterloo, Iowa, 1973 Pav-
ing Program III, Contract No, 141, be received and placed on file.
Motion carried.
64588 - Moved by Cavanaugh, seconded by Miller that Resolution No: 22850, a reso-
lution adopting preliminary plat and schedule, estimate of cost and pro-
posed plans and specifications for the construction of the Waterloo,
Iowa, 1973 Paving Program III, Contract 141, be adopted.
October 1, 1973
6 -
64588 - (Continued)
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent. None. Mayor declared the
resolution adopted.
64589 - Moved by Miller, seconded by Cohea that Reso. No,. 22851 a resolution ord-
ering construction, approving plans, specifications and form of contract
and notice to bidders, fixing amount of bidder's check, and ordering City
Clerk to publish notice to bidders and fixing a date for receiving same,
and for a public hearing on plans, specifications and form of contract,
said date being set as October 22, 1973 at 7:30 P,M.
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None, Mayor declared the
resolution adopted..
64590 - The City Engineer explained the Cedar Terrace Storm Sewer Project, and
because of the high cost of assessment, he recommended that we meet with
the property owners and the City Attorney explain the project and indi-
vidual assessments. At the same time we could explain the sanitary sewer,
project and the assessment costs. He also reported this does not include
Triangle Terrace.
Moved by Miller, seconded by Mabrey that the communication from the City
Engineer, submitting proposed costs for the Cedar Terrace Storm Sewer
Project, be received, placed on file and the City Engineer instructed to
set up a meeting with the property owners of Cedar Terrace for a discus-
sion of the Cedar Terrace Storm Sewer Project.
Motion carried
64591 - The City Engineer reported that it is necessary that we extend the 18"
interceptor sanitary sewer through this area and the developer has agreed
to give us an easement for this sewer> This sewer is to service the
areas south of this subdivision.
Moved by Dykeman, seconded by Miller that the communication from the City
Engineer, together with the request from Granger and Associates, Inc.,
Waterloo, Iowa, requesting that in conjunction with Southbrooke Addition
development, the City extend the 18" interceptor sanitary sewer south and
westerly to the intersection of Highway 412 and Kimball Avenue, that the
request be received, placed on file and included in the future construc-
tion program
Motion carried..
64592 - Moved by Cavanaugh, seconded by Morrissey that 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 recei-
ved, placed on file, approved and permission granted:
From
Attend
Location
Dates
Fire Chief Annual Conference Int,
Assn, of Fire Chiefs
City Engineer
October 1, 1973
Evaluating Environmental
Impact of Transportation
Projects at University or
Wisconsin -Extension
Baltimore,
Maryland
Milwaukee,
Wisconsin
October 21
thru 25, 1973,
inclusive
October 8
thru 12, 1973,
inclusive
Expense
$400.00
-1- regis-
tration
$470.00
7
64592 - (Continued)
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
motion carried,
64593 The mayor reported the reason for having a separate action for this Class
"C" Beer and Liquor License, is because of the inadequate parking near
this tavern. After Council discussion it was ruled that they would have
adequate parking to meet the requirements of our ordinance.
Moved by Keller, seconded by Miller that the application for a Class "C"
Beer and Liquor License for Josephine J. Shaver, 1927 Jefferson Street
dba Bobcat Country in the City of Waterloo, Iowa, be, and the same is
hereby approved for the issuance of said license, that the approval be
endorsed on the application and forwarded with fee and/or certified fee
receipts to the Iowa Beer and Liquor Control Department, and duplicate
copies of applications, be received, placed on file and Resolution Noe
22852, approving the application, subject to the City Engineer laying
out parking so that they are not parking on the public right-of-way and
the other inspections being completed, be adopted,
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye, Nay: None, Absent: None. Mayor declared the
resolution adopted.
64594 Moved by Morrissey, seconded by Cavanaugh that the applications and fees
as shown on the attached sheet for various Beer Permits and/or Beer and
Liquor Licenses as designated, at the locations shown, in the City of
Waterloo, Iowa, be, and the same are hereby approved for the issuance of
said Permits and/or Licenses, that the approval be endorsed on the appli-
cations and forwarded with fees and/or certified fee receipts to the Iowa
Beer and Liquor Control Department, and duplicate copies of applications,
be received, placed on file, and Resolution No. 22853, approving the ap-
plications, be adopted.
BEER PERMIT APPLICATIONS
Class "C"
Sandra Kaye & Myrna Louise Peters dba Conoco Service, 224 Independence
Avenue
CLASS ''B" BEER PERMIT SUNDAY SALES APPLICATIONS
Steak -O -Rama, Inc. #9, 3840 University Avenue
BEER AND LIQUOR LICENSE APPLICATIONS
Class "C"
Betty Le Van Erem dba Pinky's Tap, 218 Division Street
Albert W. Grey, Sr, dba Krackerbox, 1366 Sycamore Street
On roll call, Cavanaugh, Cohea, Dykeman, Keller, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
64595 - Moved by Cavanaugh, seconded by Morrissey that the following applications
and bonds for permission to sell cigarettes at the locations as designat-
ed, in the City of Waterloo, Iowa, be received, placed on file, the bonds
approved and permits granted:
Josephine H. Shaver dba Bobcat Country, 1927 Jefferson Street
Continental Oil Company dba West Side Service, 127 Jefferson Street
John Ce Burns dba Jackie°s Place, 708 Jefferson Street
Motion carried.
October 1, 1973
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64596 - Moved by Cohea, seconded by Miller that the folowing 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
license granted:
Marlys Jane Fillgraf, 203 Locust Avenue, Waterloo
Stephen Richard Youngblut, Lot 34, Hastings Trailer Court, Jesup, Iowa
Steven Dean Hollingsworth, 2235-23 Lincoln Street, Cedar Falls, Iowa
Motion carried,
64597 - Moved by Miller, seconded by Mabrey that the request 6f the Waterloo
Yellow Cab Company for revocation of City Taxicab Driver's License of
David Halley, together with report of Police Department, be received,
placed on file, said license revoked and the Police Department instructed
to proceed accordingly.
Motion carried.
64598 - 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 bus-
iness on October 1, 1973, 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.
64599 - Moved by Miller, seconded by Dykeman that the Council adjourn,
Motion carried.
Andrew A. Blomberg,
City Clerk
October 1, 1973.
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