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HomeMy WebLinkAbout11/13/1973a 115.- fel City Hall, Waterloo, Iowa REGULAR SESSION November 13, 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 November 13, 1973. Mayor Turner in the Chair. Present: Councilmen Cavanaugh, Dykeman, Keller, Mabrey, Miller and Morrissey. Absent None. Councilman Charles Dykeman offered the invocation 64747 - Moved by Morrissey, seconded by Cavanaugh that the Agenda, as amended, for Regular Session of November 13, 1973 at 7 30 P M , be accepted and approved Motion carried 64748 - Moved by Miller, seconded by Keller that the Minutes of the Regular Ses- sion held on November 5, 1973 at. 7:30 P.M,, be approved. Motion carried. 64749 - Moved by Keller, seconded by Miller that the proof of publication of Notice of Proposal to Dispose of Real Estate, known as parts of the East-West: Alley in Block 5, Cotton's Addition, in the City of Waterloo, Iowa, as fully described in the said notice published in the Waterloo Daily Courier on October 25 and November 1, 1973, to Edmund J and Elva Lu Meyer and Roy and Ann Owens, he received and placed on file. Motion carried. 64750 - The Mayor announced the time had arrived to hear objectionsif any, and asked if anyone 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 City Clerk reported there had been no written objections placed on file. After public hearing and no objections having been made or filed, it was moved by Dykeman, seconded by Miller that Resolution No. 22914, being a resolution approving and authorizing the sale and conveyance of the real property described as parts of the East-West. Alley in Block 5, Cotton's Addition, as fully described in the Notice of Public Hearing published in the Waterloo Daily Courier on October 25 and November 1, 1973, to Edmund J and Elva Lu Meyer and to Roy and Ann Owens, for the sums of S105 00 ar.d $120 00 and costs, respectively, with the City of Waterloo. Iowa, retaining easement rights over and across the full width of the Ely 120' of said Alley, and directing and authorizing the Mayor and City Clerk to execute and deliver deeds for said property, be adopted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye Nay: None, Absent.: None. Mayor declared the resolution adopted. 64751 - Moved by Cavanaugh, seconded by Mabrey that the proof of publication of the Notice of Public Hearing t.o vacate All of Manhard Street lying North of the North line of Beck Avenue t.o the Southerly line of the Chicago Rock Island and Pacific Railroad R.O.W,, and All of the existing Ncrt.h- South alley in Block 20, Westfield Addition, in the Westfield -Virden Urban Renewal Project Iowa R-7 area, as fully described in the Waterloo Daily Courier on October 25 and November 1, 1973, be received and placed on file 2 64751 - (Continued) Motion carried. 64752 - 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 with the Clerk. No one appeard to object orally, and the Clerk reported no written ob- jections had been filed. Thereupon, it was moved by Mabrey, seconded by Dykeman that an Ordinance be drawn and submitted vacating All of Manhard Street lying North of the North line of Beck Avenue to the Southerly line of the Chicago Rock Is- land and Pacific Railroad R,O W., and All of the existing North-South alley in Block 20, Westfield Addition, in the Westfield -Virden Urban Re- newal Project Iowa R-7 area, as fully described in the published notice in the Waterloo Daily Courier on October 25 and November 1, 1973. Motion carried. 64753 Councilman Miller asked about the utility easements in this vacation and the City Engineer reported these would be agreed upon before the final sale was consummated. An Ordinance vacating All of Manhard Street lying North of the North line of Beck Avenue to the Southerly line of the Chicago Rock Island and Pacific Railroad R.0 W-, and All of the existing North-South Alley in Block 20, Westfield Addition, In the Westfield -Virden Urban Renewal Pro- ject Iowa R-7 area, in the City of Waterloo, Iowa, was read by the Clerk. Moved by Cavanaugh, seconded by Morrissey that said Ordinance be recorded as having passed its first reading. On roll call, Cavanaugh, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay. None. Absent: None. Mayor declared the motion car- ried. 64754 - Wilbur G. Bingman appeared before the Council and orally requested per- mission to black top the parking area in front of 2840-2844 University Avenue for beautification purposes only and also to black top the four temporary approaches. He stated he had planned to do this work next year but due to weather conditions improving and the asphalt plant open- ing up, the work could be done this year. City Engineer King reported Mr. Bingman would have to obtain the approval of the Iowa State Highway Commission before this blacktop to right-of- way could be done; also, the four driveway areas could be temporarily paved with asphalt but would have to be replaced with concrete next year. Moved by Mabrey, seconded by Dykeman that the communication from the City Engineer, transmitting the request from Wilbur G. Bingman for permission to black top the parking area at 2840-2844 University Avenue, be recei- ved, placed on file, oral and written requests approved without regard to sidewalk grade, not to be used for parking, at no cost to the City of Waterloo and with the stipulation that the Iowa State Highway Commission permission be secured before the work is done and the four driveway areas to be replaced with concrete next year, and Resolution No.22914A, granting permission and authorizing black top of parking area at 2840-2844 Univer- sity Avenue, irrespective of a latter official grade, adopted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. November 13, 1973 3 64755 - Mayor Turner recognized the Mayor Elect and Councilmen Elect who were in attendance at the Council Meeting and pledged his support for a smooth transition from the present administration to the new. 64756 - City Engineer King reported that at a later date the General Leaseways, Inc. would have to dedicate 17 feet of right-of-way on Burton Avenue to the City of Waterloo, which wouldbe dedicated when the final subdivision plat is approved. Moved by Morrissey, seconded by Keller that th.e communication from the City Engineer, transmitting a request from General Leaseways, Inc., 955 West Airline Highway, for an 85° curb cut on Burton Avenue, contin- gent on the City of Waterloo acquiring 17' of their property on Burton Avenue for Right -of -Way, and a 45' type "B" entrance with a 35 radius on each side at slab connection on Iowa Highway 57 at Station 95+62, 286.5' E of NW Cor. Section 11 -89N -13W, together with Iowa State Highway Form #559, and recommending approval, subject to the provisions of his letter, be received, placed on file, recommendations approved and the Mayor and City Clerk authorized to sign said application in behalf of the City of Waterloo, Iowa. Motion carried. 64757 - City Engineer King reported the request for temporary access in the con- struction of the Iowa Public Service Company facility at their site to West Shaulis Road. Mayor Turner reported that due to the busy intersection of Highway No. 63 and West Shaulis Road, he recommended that this temporary access be approved. Moved by Keller, seconded by Mabrey that the communication from the City Engineer, transmitting a request from the Iowa Public Service Company for permission to construct a permanent access road to a 35 acre site immediately South of West Shaulis Road and East of U S. Highway 63, and recommending a temporary construction access at this time, be received, placed on file, recommendations approved and permission for a temporary construction access granted in accordance therewith at no cost to the City of Waterloo, Iowa. Motion carried. 64758 - Moved by Miller, seconded by Cavanaugh that the Audit Reports covering the Year 1972 on the following various funds of the City of Waterloo, Iowa, as made by Carney, Alexander, Marold & Coo, Certified Public Ac- countants, be received and placed on file; Municipal Airport McElroy Memorial Auditorium Waterloo Water Works Motion carried. 64759 - Fedon Petrides reported the drainage problem area, which is in front of John Deeres, and explained the effects of the rainfall in various amou- nts and the effect it would have on this area. He also pointed out in recent years the additional paved areas and roof area runoff and the effect this had on flooding. He explained three different alternates, two of which would run into the Cedar River and the third to run into Black Hawk Creek. Councilman Keller asked for the reason for the expensive pumping station at this location and Mr. Petrides reported the water drains to the low spot and from here it must be pumped up into the River, and because of November 13, 1973 4 64759 - (Continued) the volume of water, the size of the pumps needed would run the cost of the project up. Mayor Turner reported this facility would be constructed by the City of Waterloo and the cost would be shared by John Deeres; the location of this flood control facility would need to be finalized and reported to the Corps of Engineers so the Corps would have this information on file and know at what location to construct the dike on the east bank of the Cedar River. Moved by Dykeman, seconded by Keller that the communication from the City Engineer, transmitting the Westfield Avenue Drainage Study as sub- mitted by Brice, Petrides & Associates, Inc., and recommending the con- sultant's recommendation be forwarded to John Deere for review, be re- ceived, placed on file, recommendations approved and said report ap- proved and accepted. Motion carried. 64760 Moved by Cavanaugh, seconded by Morrissey that the communication from the City Engineer, transmitting Change Order No. 4, for additional work performed by F. A. Moser & Associates, Inc., Contractors, for the Hunt- ington Road Storm Sewer in conjunction with Phase "A" of the Army Corps of Engineers Flood Control, Contract No. 88, at an additional cost of $3,800.00, 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, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the motion carried. 64761 - Moved by Morrissey, seconded by Cavanaugh that the communication from the City Engineer, transmitting Change Order No. 7, for additional work performed by Cedar Valley Corporation, Contractors, for the 1973 Con- crete Paving and Repair Program No. 1, Contract No. 136, at an addit- ional cost of $2,390.00, 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, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the motion carried. 64762 Moved by Miller, seconded by Dykeman that the following Construction Permits from the Iowa Department of Environmental Quality, subject to certain conditions and requirements, be received and placed on file: Construction Permit No. 73-305-S, Sanitary Sewer Extensions, Prairie Meadow West Second Addition, Construction Permit No. 73-309-S, Sanitary Sewer Extension, Hammond Hills, Construction Permit No. 73-308-S, Sanitary Sewer Extension, Tract A, Brookeridge First Addition, Construction Permit No. 73-201-S, Sanitary Sewer Extension, First Addition to Southridge. Motion carried. November 13, 1973 - 5 - 64763 - An Ordinance providing for a run-off election between the two candidates receiving the largest number of votes in Ward 4 in the 1973 Municipal Election, was read by the City Clerk. Mayor Turner discusses the need for a run-off election and disagreed with the ruling by the Attorney General. He stated this ordinance would be for this election only and under Home Rule the Council Elect would have to decide whether to have a primary or run-off election. Moved by Mabrey, seconded by Cavanaugh 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, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the motion car- ried. 64764 - Moved by Keller, seconded by Dykeman that Ordinance No. 2655, an Ordin- ance providing for a run-off election between the two candidates receiv- ing the largest number of votes in Ward 4 in the 1973 Municipal Election be adopted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the ordinance adopted. 64765 - Moved by Cavanaugh, seconded by Morrissey that Resolution No. 22915, approving the minutes of the Community Development Board for their reg- ular meeting held September 11, 1973, in the City of Waterloo, Iowa, be adopted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 64766 Moved by Dykeman, seconded by Mabrey that the communication from the Di- rector of Public Works, transmitting a statement dated 11/5/73 from Brice, Petrides & Associates, Inc. for engineering design services for the Demolition and Reconstruction of Fourth Street Bridge, Bridge Con- tract No. 9, and recommending approval, be received, placed on file and Resolution No. 22916, approving the statement of said firm and author- izing payment accordingly, be adopted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 64767 - Moved by Miller, seconded by Morrissey that the Completion Report of the City Engineer as to work performed and materials furnished by Hurst Plumbing and Excavating Company, Waterloo, Iowa, Contractors, for Bar- clay Street Sanitary, Minor Contract No. 87, in the City of Waterloo, Iowa, and recommending approval, be received, placed on file, and Reso- lution No. 22917, approving the report, accepting the work and author- izing payment in full accordingly, be adopted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. November 13, 1973 - 6 - 64768 - Moved by Morrissey, seconded by Cavanaugh that the Completion Report of the City Engineer as to work performed and materials furnished by Rohlin Construction Co., Inc., Estherville, Iowa, Contractors, for the 1973 Paving Program II, Contract No. 133, in the City of Waterloo, Iowa, and recommending approval, be received, placed on file, and Resolution No. 22918, approving the report, accepting the work and authorizing payment in full accordingly, be adopted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay, None. Absent: None. Mayor declared the resolution adopted. 64769 - Public Works Director Culver reported the City of Waterloo would be re- imbursed for the payment for engineering services for the relocation of Randall -Wellington Pumping Station by the Iowa State Highway Commission. Moved by Mabrey, seconded by Morrissey that the communication from the Director of Public Works, transmitting a statement dated 8/14/73 from Brice, Petrides & Associates, Inc., for engineering services for the Re- location of Randall -Wellington Pumping Station, and recommending appro- val, be received, placed on file and Resolution No. 22919, approving the statement of said firm and authorizing payment accordingly, be adopted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 64770 Moved by Cavanaugh, seconded by Dykeman that the communication from the City Engineer recommending payment in the amount of $4,950.00 for the City's share of cost for storm sewer improvements through Bethel Addi- tion, to Hurst Excavating Company, Waterloo, Iowa, contractors, (ap- proved by C R.#63048 of 11/27/72), be received, placed on file, approved and Resolution No. 22920, authorizing said payment, being the City's share in full, be adopted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None, Absent: None. Mayor declared the resolution adopted. 64771 - Moved by Keller, seconded by Morrissey that the communication from the City Engineer recommending payment in the amount of $4,870.00 to Hurst Excavating Company, Waterloo, Iowa, Contractors, for the City's share of cost for storm sewer improvements in Bethel Addition, (approved by C R.#63047 of 11/27/72), be received, placed on file, approved and Res- olution No. 22921, authorizing said payment, being the City's share in full, be adopted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None, Absent: None. Mayor declared the resolution adopted. 64772 Moved by Morrissey, seconded by Cavanaugh that the communication from the City Engineer, recommending payment in the amount of $2,760.00 to Hurst Excavating Company, Waterloo, Iowa, contractors, for the City's share of cost for storm sewer improvements in the Hurst Addition (see C R #63258 of 1/8/73), be received, placed on file, approved and Reso- lution No. 22922, authorizing said payment, being the City's share in full, be adopted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay. None. Absent: None. Mayor declared the resolution adopted. November 13, 1973 - 7 - 64773 - Moved by Cavanaugh, seconded by Dykeman that the communication from the City Engineer, transmitting a request from Hurst Excavating Company for payment in the amount of $3,556.00 for the City's share of cost for sani- tary sewer extension to Hurst Addition (see C.R.#63258 of 1/8/73), be received, placed on file, approved and Resolution No. 22923, authorizing said payment, being the City's share in full, be adopted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 64774 - Moved by Keller, seconded by Dykeman that Resolution No. 22924, BILLS, Schedule A, be adopted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 64775 - Moved by Keller, seconded by Dykeman that Resolution Noe 22925, BILLS, Schedule B, be adopted. On roll call, Cavanaugh, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 64776 - Moved by Mabrey, seconded by Dykeman that the communication from the Sign and Traffic Maintenance Department submitting a list of streets and parts of streets with the recommendation of removing parking on one side as designated, be received, placed on file, recommendations approved and the City Attorney instructed to draw and submit an ordinance accordingly. Motion carried. 64777 - Moved by Morrissey, seconded by Keller 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 applications 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. 22926, ap- proving the applications, be adopted. BEER PERMIT APPLICATION Class "C" Osco Drug, Inc. dba Osco Drug Store, 212 East 4th Street BEER AND LIQUOR LICENSE APPLICATION Class "C" Lindbergh Whitis dba Lindbergh's Lounge, 115 Sumner Street On roll call, Cavanaugh, Dykeman, Keller, Mabrey, Miller and Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the resolution adopted. 64778 - Moved by Miller, seconded by Mabrey 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 lic- ense granted: Jerry Burl Marshall, 700 West Ridgeway Road Motion carried.. November 13, 1973 - 8 - 64779 - Moved by Dykeman, seconded by Keller that the report of the City Attor- ney, advising that the bonds filed with the City Clerk up to the close of business on November 13, 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. 64780 - Moved by Miller, seconded by Mabrey that the Council adjourn. Motion carried. November 13, 1973 262 Andrew A. Blomberg City Clerk z c) o H• < rt 0-7• d W� 7y rt 'C tri m cn Wcnr1 H O i 0 O •• W 0 O ro