HomeMy WebLinkAbout12/17/1973City Hall, Waterloo, Iowa
REGULAR SESSION
December 17, 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 December 17, 1973.
Mayor Turner in the Chair,
Present: Councilmen Cavanaugh, Dykeman, Keller, Licnty, Mabrey, Miller and
Morrissey.
Absent: None
Councilman Charles Dykeman offered the invocation.
64968 - Moved by Morrissey, seconded by Mabrey that the Agenda, as amended, for
the Regular Session of December 17, 1973 at 7:30 P.M., be accepted and
approved,
Motion carried
64969 - Moved by Cavanaugh, seconded by Miller that the Minutes of the Regular
Session held December 10, 1973 at 7:30 P.M., be approved.
Motion carried
64970 - Moved by Dykeman, seconded by Keller that the communication from Mayor
Turner, stating service award plaques have been prepared for the follow-
ing long-time City Employees who have retired, be received, placed on
file and Resolution No. 22987, presenting said service award plaques, be
adopted:
Harry M. Reed, served as a member of the Waterloo Library Board for
25 years;
Walter Betsworth, served as Director of Aviation at the Waterloo
Municipal Airport for 25 years;
Clarence Fink, served as a member of the Waterloo Fire Department for
30 years;
James Stapella, served as a member of the Waterloo Fire Department for
30 years;
John C Kotosky, served as a member of the Waterloo Police Department
for 30 years;
Robert F Kuenstling, served as a member of the Waterloo Police Depart-
ment for 30 years;
Travis Beeson, employed at the Waterloo Street Department for 18 years
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye. Nay' None- Absent.: None. Mayor declared the
resolution adopted
64971 - Leonard Katoski, Director of Parks, reported on the parking lot which
was constructed by volunteer City employees over a seven week period and
commended the employees for tneir efforts in this civic project.
Ray Forsberg, Superintendent of Recreation, presented a resolution and
pointed out the fine volunteer work by the City Departments, mentioning
those Departments which worked on this project..
Moved by Miller, seconded by Lichty that the commendation of the Waterloo
Recreation Commission to the volunteer City employees for services rend-
ered in the pouring and finishing of 5100 square yards of 8" portland
concrete cement on six Saturdays from July 14 to August 25, 1973, for
the Waterloo Recreation and Arts Center Parking Lot Project, be received,
placed on file and Resolution No. 22988, recognizing the volunteer City
employees for their work and participation in said work, be adopted.
L
64971 - (Continued)
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye. Nay: None, Absent: None. Mayor declared the
resolution adopted.
64972 - Moved by Keller, seconded by Dykeman that the proof of publication of
the Notice of Hearing on proposed plans and specifications and proposed
form of contract for the construction of the 1973 Storm Sewer Program
No. 1, City of Waterloo, Iowa, and the taking of bids for said improve-
ment, Contract No. 84, be received and placed on file.
Motion carried.
64973 - The Mayor announced the time had arrived to hear objections, if any, to
the proposed plans and specifications, etc. for the 1973 Storm Sewer
Program No. 1, Contract No. 84, and asked if anyone present wished to
be heard or make objection, or if there were any written objections filed
with the Clerk.
No one appeared to object orally, and the Clerk reported no written ob-
jections had been filed.
There being no objections made or filed, it was moved by Cavanaugh, sec-
onded by Morrissey that Resolution No. 22989, confirming the approval of;
the plans, specications, etc. for the 1973 Storm Sewer Program No. 1,
Contract No. 84, be adopted.
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
64974 - Moved by Mabrey, seconded by Miller that Resolution No. 22990, ordering
the 1973 Storm Sewer Program No. 1, Contract No. 84, in the City of
Waterloo, Iowa, be adopted.
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
64975 - Moved by Miller, seconded by Lichty that the Clerk open the bids, which
were as follows:
Name of Bidder
1. Lincoln Development Corporation
Marshalltown, Iowa
2. Watco Construction, Inc.,
Waterloo, Iowa
3. F. A. Moser & Associates, Inc.,
Waterloo, Iowa
4. M. F. Goerdt Const. Co
Dubuque, Iowa
5. Hurst Plumbing Co.,
Waterloo, Iowa
Motion carried.
Amount of Bid
$103,231.00
$ 81,490.05
$142,030 00
$126,620.40
$ 78,118.00
Amount of Check
or Bid Bond
$10,500,00
$ 9,000.00
10% Bond
10% Bond
107 Bond
64976 - Moved by Morrissey, seconded by Cavanaugh that the bids be received,
placed on file and referred to the Engineers for checking and report
back to the Council.
Motion carried.
December 17, 1973
- 3 -
64977 - Moved by Cavanaugh, seconded by Miller that the proof of publication of
the Notice of Public Hearing on plans and specifications for the construc-
tion of Blowers Creek Channel Improvements and Incidentals in the City of
Waterloo, Iowa, and the taking of bids for the project, Contract No. 91,
be received and placed on file.
Motion carried.
64978 - The Mayor announced the time had arrived to hear objections, if any, to
the proposed plans and specifications, etc. for the Blowers Creek Channel
Improvements & Incidentals, Contract No. 91, and asked if anyone present
wished to be heard or make objection, or if there were any written objec-
tions filed with the Clerk
The Clerk reported no written objections had been filed, and no one ap-
peared to object orally.
Norman Stahl, 722 Dearborn Avenue, raised a question on the plans and
specifications, mentioning he had submitted a petition two years ago for
removal of the bridge on Dearborn Avenue as this acts as a dam to pond
the water and now if this additional water up above here is drained to
this area, it would make their problem worse.
Mayor Turner reported the City officials have tried to find a different
entrance to this area but were unable to find a suitable entrance, stat-
ing this would not increase the flow of water in this area as there are
certain limits on the water that can flow under the bridge
City Engineer King noted this would provide a larger holding pond for the
water and the future project would eliminate this drainage problem; that
the future drainage project would be for the Blowers Creek area at an
estimated cost of about 1.3M, for which the City was working on receiving
federal funds.
There being no objections made or filed, it was moved by Dykeman, secondec
by Keller that Resolution No 22991, confirming the approval of plans,
specifications, etc for the Blowers Creek Channel Improvements & Inci-
dentals, Contract No. 91, be adopted.
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye. Nay: None, Absent: None. Mayor declared the
resolution adopted
64979 - Moved by Keller, seconded by Morrissey that Resolution No 22992, order-
ing the Blowers Creek Channel Improvements & Incidentals, Contract No.
91, in the City of Waterloo, Iowa, be adopted.
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye. Nay: None, Absent: None, Mayor declared the
resolution adopted
64980 - Moved by Mabrey, seconded by Lichty that the Clerk open the bids, which
were as follows.
Name of Bidder Amount of Bid
Amount of Check
or Bid Bond
1. Mepco, Inc , $47,571.28 107 Bond
Waterloo, Iowa
2 M F. Goerdt Const. Co $76,982.73 1070 Bond
Dubuque, Iowa
3, Cedar Valley Corp., $63,655.90 107 Bond
Waterloo, Iowa
Motion carried.
December 17, 1973
- 4 -
64981 - Moved by Morrissey, seconded by Miller that the bids be received, placed
on file and referred to the Engineers for checking and report back to
the Council.
Motion carried
64982 - Moved by Cavanaugh, seconded by Morrissey that the proof of publication
of the Notice of Public Hearing on Rezoning, upon the request of W. Louis
Beecher, Atty. in behalf of the developers of a K -Mart Store, upon the
recommendation of the City Plan and Zoning Commission and the City Coun-
cil's own motion, to rezone certain real property in Section 2-88-13 in
the City of Waterloo, Iowa (East Ridgeway Avenue and Highway 412 area)
as fully described in said Notice published in the Waterloo Daily Courier
on November 29, 1973, from "R-3" Multiple Residence District to "C-2"
Commercial District, be received and placed on file.
Motion carried.
64983 - 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
there were any written objections filed with the Clerk.
The Clerk reported there was a written protest made by Marvin R. Hulse,
1764 East Ridgeway Avenue, etal, to any access to or from the store or
its parking lots from East Ridgeway Avenue. No one appeared to object
orally to the rezoning.
W. Louis Beecher, Attorney in behalf of the developer of the K -Mart Store,!,
explained the location of the building and the need to provide adequate
parking, stating the store would have approximately 125,000 square feet
and would employee 200 persons. Mr. Beecher said at a later date, the
developer would ask for two accesses on East Ridgeway Avenue and Sears
Street and on the East Ridgeway Avenue access there would be a decelera-
tion lane paid for by the developer
Marvin R. Hulse, orally protested the increased volume of traffic on East
Ridgeway Avenue which these curb cuts would allow, from people coming
and going to the K -Mart Store.
Leo Stern, 1756 East Ridgeway Avenue, reported on the volume of traffic
and stated truck traffic is prohibited on East Ridgeway Avenue, He also
mentioned that Arlan°s Department Store had a policeman on duty directing
traffic by their store between Waterloo and Cedar Falls on Highway 218;
that the original rezone for this place would not have allowed an exit
on Ridgeway Avenue and now this is changed to allow an exit. He sugges-
ted why not allow this exit on Highway 412 by Schukei.
G. T. Finnell, said with the opening of East Ridgeway Avenue to the K -Mart',
Store, this would make a cut through to Higway 412.
W. S. Wishmeyer informed the Council his driveway would be right on the
back -door of the K -Mart and he was concerned with the.safet.y of children.
Councilman Dykeman asked how many of these objectors were within 250°
radius of this development which would be the legal distance limit and
Larry Rust, Planning and Programming Director reported 20 of 41 property
owners
W. Louis Beecher, Attorney, pointed out that the people across from the
store would be affected but this area is already rezoned.
December 17, 1973
64983 - (Continued)
Councilman Dykeman said the City had no control over the area already
rezoned for property not owned by the developers. He stated he was in
favor of the rezone for the best land use; the curb cut would have to
be requested from the future Council and it would have to decide.
Mayor Turner reported there was a house now standing which would be re-
moved and this curb cut could be used.
Moved by Morrissey, seconded by Miller that the above protests be recei-
ved and placed on file.
Motion carried,
64984 - After due consideration, it was moved by Mabrey, seconded by Keller that
the protests be overruled, subject to the developer providing additional
right-of-way and street improvements as required by the City to handle
the traffic generated and traffic lights at his access points, if the
City determines it is desirable
On roll call, Cavanaugh, Keller, Mabrey and Miller voted Aye. Nay:
Dykeman, Lichty and Morrissey. Absent' None, Mayor declared the motion
carried.
64985 - Moved by Morrissey, seconded by Cavanaugh that an Ordinance be drawn and
submitted for said re -zoning.
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye Nay: None. Absent: None. Mayor declared the
motion carried.
64986 - An Ordinance amending Ordinance No. 2479, as amended by adding Sub -Sec-
tion No. 57 to Section 2A-5, rezoning certain property in the City of
Waterloo, Iowa, was read by the Clerk
Moved by Cavanaugh, seconded by Keller that said Ordinance be recorded
as having passed its first reading
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye. Nay: None Absent: None. Mayor declared the
motion carried
64987 - Moved by Morrissey, seconded by Lichty that the proof of publication of
the Notice of Public Hearing on Re -zoning, upon the request of Granger
and Associates, Inc., upon the recommendation of the City Plan and Zoning
Commission and the City Councils own motion, to rezone Lots 54, 55 and
56 in Brookeridge First Addition (Kimball Avenue and Brookeridge Drive
area), as fully described in said Notice published in the Waterloo Daily
Courier on November 29, 1973, from "R-4" Multiple Residence District to
"C-1" Commercial District, be received and placed on file,
Motion carried.
64988 - 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
there were any written objections filed with the Clerk.
The Clerk reported there were no written objections, and no one appeared
to object orally.
After public hearing and no objections having been made or filed, it was
moved by Morrissey, seconded by Dykeman that an Ordinance be drawn and
submitted for said re -zoning
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64988 - (Continued)
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None, Mayor declared the
motion carried.
64989 - An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Sec-
tion No. 58 to Section 2A-5, rezoning certain property in the City of
Waterloo, Iowa, was read by the Clerk.
Moved by Dykeman, seconded by Lichty that said Ordinance be recorded as
having passed its first reading.
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
motion carried„
64990 - Moved by Cavanaugh, seconded by Morrissey that the proof of publication
of the Notice of Proposal to Vacate Real Estate known as a block of un-
opened Bourland Avenue, all that part lying South of Mitchell Avenue be-
tween the East line of West Eighth Street and the West line of West Ninth
Street, as fully described in the Waterloo Daily Courier on November 28
and December 5, 1973, be received and placed on file.
Motion carried.
64991 - 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 appeared to object orally, and the Clerk reported no written ob-
jections had been filed. Mayor Turner reported this is behind the Sun -
Mart and Dry Run Creek prohibits the opening of this street and requested
this pass all three readings.
Thereupon, it was moved by Cavanaugh, seconded by Dykeman that an. Ordin-
ance be drawn and submitted vacating a block of Unopened Bourland Avenue,
all that part lying South of Mitchell Avenue between the East line of
West Eighth Street and the West line of West Ninth Street, in the City
of Waterloo, Iowa, as described in the published notice in the Waterloo
Daily Courier on November 28 and December 5, 1973.
Motion carried.
64992 - An Ordinance vacating a block of unopened Bourland Avenue, all that part
lying South of Mitchell Avenue between the East line of West Eighth
Street and the West line of West Ninth Street, in the City of Waterloo,
Iowa, was read by the Clerk.
Moved by Keller, 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.
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye, Nay: None. Absent: None. Mayor declared the
motion carried.
64993 - Moved by Mabrey, seconded by Lichty that Ordinance Noe 2661, an Ordinance
vacating a block of unopened Bourland Avenue, all that part lying South
of Mitchell Avenue between the East line of West Eighth Street and the
West line of West Ninth Street, in the City of Waterloo, Iowa, be adopted.
December 17, 1973.
- 7
64993 - (Continued)
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
ordinance adopted.
64994 - The Engineers, having checked the bids for the 1973 Storm Sewer Program
No. 1, Contract No. 84, reported that after checking the extensions and
totals of the bidssubmitted, the bid of Hurst Plumbing Co. of Waterloo,
Iowa, in the amount of $78,118.00 was the lowest legal bid received.
Moved by Dykeman, seconded by Miller that Resolution No.
the bid of Hurst Plumbing Co. of Waterloo, Iowa in the a
$78,118.00 for the 1973 Storm Sewer Program No. 1, Contr
adopted.
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
64995 - The Engineers, having checked the bids for the Blowers Creek Channel Im-
provements and Incidentals, Contract No. 91, reported that after checking
the extensions and totals of the bids submitted, the bid of Mepco, Inc.
of Waterloo, Iowa in the amount of $47,571.28 was the lowest legal bid
received.
22993, accepting
mount of
act No. 84, be
Moved by Keller, seconded by Morrissey that Resolution No. 22994, accept-
ing the bid of Mepco, Inc. of Waterloo, Iowa in the amount of $47,571.28
for the Blowers Creek Channel Improvements and Incidentals, Contract No.
91, be adopted.
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
64996 Robert Broshar, Architect, read the report on the Emergency Operating
Center which stated the emergency well could be dug at a later date and
a smaller well could be put in. He also reported that the basement was
constructed for storage area and not for offices, which makes it hard
to construct this area into useable office space, but this proposed work
should increase the utilization of this area in the basement.
Moved by Mabrey, seconded by Dykeman that the above report be received
and placed on file.
Motion carried.
64997 - The Architects, having checked the bids submitted for the Emergency Op-
erating Center in the City of Waterloo, Iowa, reported that after check-
ing the extensions and totals of the bids, the bid of Charles Mauser &
Sons of Waterloo, Iowa in the amount of $55,966.00 was the lowest legal
bid received.
Moved by Dykeman, seconded by Miller that Resolution No. 22995, accepting
the bid of Charles Mauser & Sons of Waterloo, Iowa in the amount of
$55,966.00 for the remodeling of the Emergency Operating Center in the
basement of City Hall, in the City of Waterloo, Iowa, be adopted.
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye. Nay. None. Absent: None. Mayor declared the
resolution adopted.
December 17, 1973
64998 - Robert Broshar, Architect, asked that the City of Waterloo go on record
as agreeing to put in the well within the next three years to meet the
emergency water standards and Civil Defense requirements.
Moved by Mabrey, seconded by Dykeman that Resolution No. 22995.A, agree-
ing to the installation of said well within the next three years, be
adopted.
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
64999 - Moved by Dykeman, seconded by Morrissey that the communication from the
Community Development Administrator, submitting for Council consideration
the offer of Wendell Lockard Construction Company, Inc„ 901 Black Hawk
Road, to purchase Disposal Parcel No. F-13, in Westfield -Virden Urban Re-
newal Area, Project No. Iowa R-7, for six warehouse offices and one com-
mercial building purposes, in the City of Waterloo, Iowa, for the sum of
$30,990.00, and reporting the Community Development Board approved said
sale, be received, placed on file, Resolution No. 22996, a resolution
authorizing the sale of Disposal Parcel No. F-13 in the Westfield -Virden
Urban Renewal Area, Project No. Iowa R-7, be adopted and the date of
hearing set as January 21, 1973 at 7:30 P.M.
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
65000 - Moved by Dykeman, seconded by Morrissey that the communication from the
City Engineer, transmitting the request of Robert G. Burton for sanitary
sewer extension to service 2015 Commercial Street, being Lot 8, Block 14,
Hayes Addition, as shown on the attached print, with offer to contribute
$450.00 for his share of cost, and reporting said sanitary sewer exten-
sion is feasible and could be completed under a Minor Contract or a work
order to Sanitary Sewer Contract No. 178, be received, placed on file,
approved and the City Engineer instructed to proceed with preparation of
necessary documents for taking of bids subject to his explorationof the
best method of construction of said sewer.
Motion carried.
65001 - Mayor Turner pointed out the location of the curb cut at 409 LaPorte Road
requested by Donald E. Bartlett and questioned this location, stating the
City did not approve a curb cut for a tavern in this area not too long
ago.
Don Bartlett reported he was negotiating on the purchase of this property
and would construct a warehouse and shop building 34 X 60.
Ila Dellinger objected to the curb cut at this location because of the
volume of traffic and the size of the building on this small lot.
Moved by Mabrey, seconded by Dykeman that the communication from the City
Engineer, transmitting the request from Donald E. Bartlett for permission
to construct a commercial curb cut at 409 LaPorte Road, as shown on the
attached sketch, and recommending a 35' curb cut and approval subject to
the provisions of his letter, be received, placed on file and request
denied.
Motion carried.
December 17, 1973
9
65002 - Mayor Turner reported the Iowa Law needed to be strengthened on porono-
graphy and x -rated films; stating he objected to issuing a license to
the mini -cinema but was overruled by the district court and this license
is not signed by the Mayor.
Moved by Cavanaugh, seconded by Dykeman that the petition from David E,
Smith, Pastor of the Burton Avenue Baptist Church, et al, requesting the
Council to pass strict laws according to the recent guide lines of the
Supreme Court, relating to pornography and x -rated films, be received
and placed on file.
Motion carried.
65003 - the City Attorney pointed out that the contract could not be written for
more than one year and it would be at theCity°s option to renew same.
Moved by Dykeman, seconded by Mabrey that the communication from the City
Clerk, transmitting the request of Jack E. Page, Agent for David 14. Chase
dba Chase Auto Parts Co., Inc., 2219 Easton Avenue, for permission to
lease from the City of Waterloo at the rate of $200.00 per year with an.
option to renew each year thereafter the property South of Easton Street,
vacated Power Street to Howard Street and Mendota Street to be vacated,
Riverview Addition, Block 91 and 92 except Lots 39 through 44, inclusive,
and vacant alley in Block 92 (Mendota Street to be vacated South cf Eas-
ton Street to Vacated Power Street), with the lease to be effective 1-1-
74 to 5-1-74, at a pro -rated cost of $66.68, and that said firm's Auto
Salvage Operator's License #7658 include the above property, and report-
ing said property is not attached to the present location and according
to Section 21.58 of the City Code of Ordinances a separate license is
needed, be received, placed on file, and action deferred to December 27,
1973.
Motion carried.
65004 - Moved by Mabrey, seconded by Miller that the communication from the City
Engineer, transmitting a request from Robinson Engineering Company in
behalf of Occidental Development, Ltd. for sanitary sewer to service pro-
posed platting in the NE; of Section 2-88-13 (East of Hammond Avenue and
North of Highway 412) at a total estimated cost of $20,000 at no expense
to the City of Waterloo, and recommending approval with the developer to
provide the engineering service and all costs to the developer to be
credited toward the sanitary sewer hook -on charge, be received, placed
on file, recommendations approved and the City Engineer instructed to
proceed in accordance therewith.
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
motion carried.
65005 - City Engineer King reported 47 properties would be served by this Lowder
Road Sewer, they have a sewer problem with sewage, and there are addi-
tional areas served by this sewer.
Councilman Keller asked why this area had not been developed before this
time and City Engineer King stated partly because of the sewage problem.
Moved by Dykeman, seconded by Lichty that the communication from the City
Engineer, reporting on the Lowder Road Sanitary Sewer Informational Meet-
ing held December 12, 1973 with 24 property owners present, submitting
a list of the property owners concurring in the need of sanitary sewer
service on Lowder Road and adjacent subdivision areas, at an estimated
cost of $147,000, with the assessable and hook -on charge to total $67,000
and the City's share to be $80,000, and advising that with the Council's
order for the Engineering Department to proceed, a design assessment
plat and schedule and date of hearing would be set in February, be
December 17, 1973
- 10 -
65005 - (Continued)
received, placed on file, approved and the Engineering Department in-
structed to proceed accordingly.
Motion carried.
65006 - Moved by Keller, seconded by Cavanaugh that the communication from the
City Engineer, advising that the improvements required as a condition
precedent to the final approval of the plat of the subdivision to he
known as First Addition to Southridge in the City of Waterloo, Iowa, have
been completed, approved by his office and reporting the four-year main-
tenance bond for street improvements and the two-year maintenance bond
for sewers are on file, be received, placed on file and approved
Motion carried.
65007 - Moved by Miller, seconded by Dykeman that the communication from the City
Plan and Zoning Commission, transmitting Final Plat of the First Addition
to Southridge, in the City of Waterloo, Iowa, a copy of Resolution adop-
ted by the said Commission approving the Plat, Engineer's Certificate of
Survey, Deed of Dedication, Report of the City Engineer, Contract fcr in-
stallation of sewer and street improvements in the amount of $72,196.24
and a 4 -year Street Performance and Maintenance Bond for $51,083.24 and
a 2 -year Sewer Performance and Maintenance Bond for $2191.13„00, and rec-
ommending approval, be received, placed on file and Resolution No. 22997,
approving said Final. Plat, be adopted.
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey. Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
65008 - Moved by Dykeman, seconded by Miller that the communication from the City
Clerk and Auditor, transmitting a report and recommendation from Ass.,:i-
ated Insurance Advisors, Inc., Park Ridge, Illinois, that the City of
Waterloo, Iowa, insure its Comprehensive General Liability and Autmc'pile
Insurance with the present carrier, Continental/National.. Brown & Diecka
man, Inc., Agent, be received, placed an file, approved and the City
Clerk instructed to renew the insurance with Continental/National as
follows:
Coverage Premium
Auto Physical Damage $ 779.00
Auto Liability $18,947.00
General Liability $63,471.00
$5,000,000 Commercial Umbrella $12,000.00
False Arrest $ 3273.00
TOTAL $98,470.00
Motion carried.
65009 - Moved by Dykeman, seconded by Mabrey that the communication from the City
Engineer, transmitting a Supplemental Contract #1 dated 12/17/73 with
Cedar Valley Corporation, Contractors, Waterloo, Iowa, for the construc-
tion of the 1973 Concrete Paving and Repair Program No. 1, Contract No.
136, in the City of Waterloo, Iowa, and recommending acceptance, he re-
ceived, placed on file and Resolution No. 22998, approving and accepting
said Supplemental Contract #l, be adopted.
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
December 17, 1973
11 -
65010 - Moved by Miller, seconded by Morrissey that the Joinder Agreement dated
11/28/73 between the City of Waterloo and the League of Iowa Municipal-
ities in connection with the League of Iowa Municipalities Deferred Comp-
ensation Plan, be received, placed on file, approved and the Mayor and
City Clerk authorized to sign said Agreement in behalf of the City of
Waterloo, Iowa.
Motion carried.
65011 - Moved by Morrissey, seconded by Dykeman that the communication from the
Assistant City Attorney, transmitting two Easements one dated 11/5/73
from the Mead Corporation, and the other dated 12/7/73 from the Waterloo
Industrial Development Corporation, in connection with Sanitary Sewer
Program No, 11, be received, placed on file, approved and accepted, and
the City Clerk instructed to have same recorded,
Motion carried.
65012 - Moved by Dykeman, seconded by Cavanaugh that the communication from the
Assistant: City Attorney, transmitting an Easement dated 12/4/73 from
Alice M. Strohm and L. C. Strohm across real property in Section 29s89N-
12W for sanitary sewer purposes, be received, placed on file, approved
and accepted, and the City Clerk instructed to have same recorded.
Motion carried.
65013 - An Ordinance amending Chapter 19 entitled "En.sing" of the Code of Crdin-
ances, City of Waterloo, Iowa, by repealing Sectlon 64 and enacting a
new Section 64 in lieu thereof, was read by the City Clerk.
Asst. City Attorney Mattson reported this was omitted in the last ordin-
ance and requested that it be passed.
Moved by Dykeman, seconded by Miller that the rules reuiring ordinances
to be read in full on three separate days he suspended, that said ordin-
ance be recorded as having passed its second and third read;.ag (the
first having passed under C.R.#64951 of 12/10/73) and 1-e n>w placed cri
its final adoption..
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey,, Miller and
Morrissy voted Aye. Nay: None, Absent: Nine. Mayor declared the
motion carried.
65014 - Moved by Miller, seconded by Morrissey that Ordinance No, 2662, an Ordin-
ance amending Chapter 19 entitled "Housing" of the Code of Ordinances,
City of Waterloo, Iowa, by repealing Section 64 and enacting a new Sec-
tion 64 in lieu thereof, be adopted.
On roll call., Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent None. Mayor declared the
ordinance adopted.
65015 - Ken Laut:erbach, Asst. Administrator of Community Development, reported
the price offered for the purchase of this property was too low and after
consultation with the appraiser, the price was raised.
Moved by Cavanaugh, seconded by Miller that the communication from the
Community Development Administrator, transmitting proposed "Resolution.
Rescinding that part of Resolution No. 22868 referring to Parcel No.
G -5-8(a) and establishing fair market value for certain properties to be
acquired in the Westfield -Virden Urban Renewal Area, Project Nc, Iowa
R-7", and requesting adoption, be received, placed on file and Resolution
December 17, 1973
- 12 -
65015 - (Continued)
No. 22999, rescinding that part of Resolution No, 22868 referring to Par-
cel No. G -5-8(a) and establishing fair market value, be adopted.
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared t:he
resolution adopted,
65016 - Moved by Miller, seconded by Morrissey that the communication from the
Community Development Administrator, transmitting proposed "Resolution
approving the Proclaimer Certificate relative to technical specifications
conformance with local standards or standards necessary to support Urban
Renewal objectives for project improvements", and requesting adoption,
be received, placed on file and Resolution No. 23000, approving said Pro-
claimer Certificate, be adopted.
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
65017 - Moved by Morrissey, seconded by Dykeman that the communication from the
Community Development Administrator, transmitting proposed "Resolution
establishing fair market value for certain properties to be acquired in
the Westfield -Virden Urban Renewal Area, Project No, Iowa R-7", and re-
questing adoption, be received, placed on file and Resolution No. 23001,
establishing said fair market value, be adopted.
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
65018 - Moved by Cavanaugh, seconded by Dykeman that Resolution No. 23002, approv-
ing the minutes of the Community Development Board for their regular meet-
ing held November 13, 1973 and special meeting held November 16, 1973, in
the City of Waterloo, Iowa, be adopted.
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
65019 Moved by Dykeman, seconded by Miller that the communication from the City
Engineer, transmitting Estimate #3 as to work and materials furnished by
Paulson Electric Company, Contractors, Waterloo, Iowa, under the Electri-
cal Contract for the Conway Square Civic Center, in the City of Waterloo,
Iowa, and recommending approval, be received, placed on file and Resolu-
tion No. 23003, approving the report and authorizing payment accordingly,
be adopted.
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent, None. Mayor declared the
resolution adopted.
65020 - Moved by Keller, seconded by Dykeman that the communication from the City
Engineer, transmitting Estimate #3 as to work and materials furnished by
0 & M Construction Company, Contractors, Waterloo, Iowa, under the General
Contract for the Conway Square Civic Center, in the City of Waterloo, Iowa,
and recommending approval, be received, placed on file and Resolution No.
23004, approving the report and authorizing payment accordingly, be adopted
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
December 17, 1973
- 13 -
65021 - Moved by Miller, seconded by Lichty that the communication from the City
Engineer, transmitting a letter of concurrence by Program & Planning for
use of a coordinate system for a computerized program to index parcels
and land use, together with proposal for updating the existing informa-
tion and making necessary adjustments of survey for coordinates to be
used with computerized system in indexing information for the City maps
of Waterloo from Robinson Engineering Company, and recommending approval
and acceptance, be received, placed on file and action deferred to Decem-
ber 27, 1973.
Motion carried.
65022 - Moved by Mabrey, seconded by Dykeman that the communication from the
City Engineer, submitting Final Plats and Schedules of Assessments, to-
gether with breakdown of project costs, etc. for the 1972 Sidewalk Re-
pair Program, Components 1, 2& 3, Contract No. 39, in the City of Water-
loo, Iowa, be received and placed on file.
Motion carried.
65023 - Moved by Dykeman, seconded by Lichty that Resolution No. 23005, direct-
ing publication of notice of filing plats and schedule of assessments
for the 1972 Sidewalk Repair Program, Components 1, 2 and 3, Contract
No. 39, in the City of Waterloo, Iowa, be adopted.
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayer declared the
resolution adopted.
65024 - Moved by Cavanaugh, seconded by Morrissey that the following request fox
permission to attend the function on the date and at the 1,:.Yat+-on desig-
nated, with expenses allowed not to exceed the amount shown, be receive(
placed on file, approved and permission granted:
From Attend
Asst. Housing
Location
Dates Expeo.se
Existing Hous -
Inspector ing Inspection
Institute
Madison
Wisconsin
January 6 thru
9, 1974, in-
clusive
$195.00
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
motion carried.
65025 - Under Council Action #64964 of 12/10/73 action was deferred on the ap-
plication of Bernard Elias Watters dba Pooky"s Place, 210 Division Str-
eet, for a Class "C" Beer and Liquor License, and was now presented fox
consideration.
City Attorney Lybbert reported that the fire damaged the building less
than 60% and being they wanted to add on to the building, they went to
the Board of Adjustment who granted them a variance. Mr. Shanahan re-
ported that this did not meet the zoning requirements for a tavern as
there are 42 parking spaces and most of the people use the Rath parking
lot.
Councilman Lichty asked if another tavern was below standard, would thi
owners be allowed the same treatment and Mayor Turner reported they
would have to go to the Board of Adjustment for variance. Councilman
Lichty reported a tavern in another area had to purchase the property
next door in order to meet the parking requirements and thought there
was a little inconsistency here.
December 17, 1973
65025 - (Continued)
City Attorney Lybbert reported that
if there
was
Aasusdamage
e�over 60,09 the
request could be turned down by the Boardof
Moved by Morrissey, seconded by Dykeman that said application be appro-
ved for the issuance of said License, that the approval be endorsed on
the application and forwarded with fee to the Iowa Beer and Liquor Con-
trol Department, and duplicate copies of applications, be received,
placed on file and Resolution No. 23006, approving the applications, be
adopted.
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayer declared the
resolution adopted.
65026 - Moved by Miller, seconded by Morrissey 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. 230079
approving the applications, be adopted.
BEER & LIQUOR LICENSE APPLICATIONS
Class "C"
John C. Burns dba Kay's Oasis, Inc., 708 Jefferson Street
Thomas N. Martin dba Thunderbird Tap, 715 Ansborough Avenue
On roll call, Cavanaugh, Dykeman, Keller, Lichty, Mabrey, Miller and
Morrissey voted Aye. Nay: None. Absent: None. Mayor declared the
resolution adopted.
65027 - Moved by Cavanaugh, seconded by Mabrey that the fallowing appli.c.atic,n
and bond for Auto Salvage Yard License, together with necessary fee, be
received, placed on file, approved and license granted:
Jessie D. Harris, 3205 Easton Avenue
Motion carried.
65028 - Moved by Morrissey, seconded by Lichty that the following application,
together with doctor's certificate and approval of the Chief of Pcitce,
for taxicab driver's license, be received, placed on file and the lic-
ense granted:
Mark William Kimball, 514 Sycamore Street
Motion carried.
65029 - Moved by Dykeman, seconded by Miller that the report of the City Attor-
ney, advising that the bonds filed with the City Clerk up to the close
of business on December 17, 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.
65030 - Moved by Miller, seconded by Dykeman that the Council adjoLrn.
Motion carried.
- Andrew A. Blomberg,
City Clerk �/�/
December 17, 1973
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