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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 - 6 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 G n c� r• rt m �c (D P K G� F r V U) Fi W W H O i O O •• H W 0 O b