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HomeMy WebLinkAboutMinutes-05/05/1975City Waterloo, Iowa REGULAR SESSION May 5, 1975 - 7:00 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 7:00 P.M. on May 5, 1975. Mayor Rooff in the Chair. Present: Councilmen Berdell, Getty, Keller, Lichty, Roehr and Wilharm. Absent: Councilman Geiger. Councilman Harold E. Getty offered the invocation. 67628 - Moved by Roher, seconded by Wilharm that the Agenda, as proposed for the Regular Session of May 5, 1975 at 7:00 P.M., be accepted and approved. Motion carried. 67629 = Moved by Wilharm, seconded by Roehr that the Minutes of the Regular Sessions held April 21 and April 28, 1975 at 7:00 P.M., be approved. Motion carried. 67630 - Moved by Roehr, seconded by Wilharm that the proof of publication of Notice of Public Hearing on Plans and Specifications and Proposed Form of Contract for the Purchase of Portable Communications Equip- ment for the Waterloo Police Department and the Taking of Bids for said Equipment, be received and placed on file. Motion carried. 67631 - The Mayor announced the time had arrived to hear objections, if any, to the plans and specifications, etc. for the purchase of Portable Communications Equipment -Police Department, and asked if anyone pres- ent wished to be heard or make objection, or if there were any writ- ten 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 Getty, seconded by Keller that Resolution No. 23856, confirming the approval of plans, speci- fications, etc. for the purchase of Portable Communications Equip- ment -Police Department, in the City of Waterloo, Iowa, be adopted. On roll call, Berdell, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Geiger. Mayor declared the reso- lution adopted. 67632 - Moved by Keller, seconded by Getty that Resolution No. 23857, order- ing the purchase of the Portable Communications Equipment -Police De- partment, in the City of Waterloo, Iowa, be adopted. On roll call, Berdell, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Geiger. Mayor declared the reso- lution adopted. 67633 - Moved by Wilharm, seconded which were as follows: Name of Bidder by Roehr that the Clerk open the bids, Amount of Check or Amount of Bid Bid Bond 1. Audio Intelligence Devices, Inc. Fort Lauderdale, Florida 2. General Electric Co. 7 Racom, Marshalltown, Iowa Motion carried. Category Category Category B $1,312.00 $274.73 D $1,624.00 C $2,619.00 Category A($5,500.00 $806.00 ($1,260.00 ($ 550.00 ($ 750.00 • • - 2 - 67634 - Moved by Roehr, seconded by Getty that the bids be received, pla- ced on file and referred to the Public Safety Committee and the Communications Division of the General Services Administration of Iowa to check and report back to the Council. Motion carried. 67635 Moved by Keller, seconded by Lichty that the proof of publication of Notice of Public Hearing on Plans and Specifications for the West- field Avenue -McKinley Street Storm Sewer in the City of Waterloo, Iowa and the Taking of Bids for the Improvement, Storm Sewer Contract No. 92, be received and placed on file. Motion carried. 67636 - The Mayor announced the time had arrived to hear objections, if any, to the proposed plans, specifications, etc. for the construction of Westfield Avenue -McKinley Street Storm Sewer, Contract No. 92, and asked if anyone present wished to be heard or make objection, or if there were any written objections filed with the Clerk. The Clerk reported there were no written objections, and no one ap- peared to object orally. After public hearing and no objections having been made or filed, it was moved by Roehr, seconded by Wilharm that Resolution No. 23858, confirming the approval of plans, speci- fications, etc. for the construction of Westfield Avenue -McKinley Street Storm Sewer, Contract No. 92, in the City of Waterloo, Iowa, be adopted. On roll call, Berdell, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Geiger. Mayor declared the reso- lution adopted. 67637 - Moved by Getty, seconded by Wilharm that Resolution No. 23859, ord- ering the construction of the Westfield Avenue -McKinley Street Sewer Contract No. 89, in the City of Waterloo, Iowa, be adopted. On roll call, Berdell, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Geiger. Mayor declared the reso- lution adopted. 67638 - Moved by Wilharm, seconded by Roehr that the Clerk open the bids, which were as follows: Name of Bidder Amount of Check Amount of Bid or Bid Bond Hennessey Bros., $335,329.50 107 Marion, Iowa Brown & Cris, Inc., Eden Prairie, Minn $354,454.93 107 Hurst Excavating, Inc., Waterloo, Iowa $312,852.80 107 M. F. Goerdt Const. Co., Dubuque, Iowa $297,938.66 10% F. A. Moser & Assoc., Inc., Waterloo, Iowa $297,225.25 10% Motion carried. 67639 - Moved by Roehr, seconded by Lichty that the bids be received, placed on file and referred to the Engineers to check and report back to the Council. Motion carried. 67640 - Moved by Roehr, seconded by Wilharm that the proof of publication of the Notice to Property Owners on the proposed Resolution of Necessity for certain storm sewer improvements in the City of Waterloo, Iowa, in the Wren Road Storm Sewer District, Contract No. 89, be received and placed on file. Motion carried. May 5, 1975 - 3- 67641 - 67641 The Mayor then called for objections to the adoption of the proposed Resolution of Necessity for the construction of certain sewer improve- ments in said Municipality, pursuant to notice of the time and place of hearing duly published and mailed, and pursuant to prior action of said Council; and announced to those present at said Council meet- ing that both written and oral objections would be received and con- sidered by the Council at this time. The Clerk reported that no written objections had been filed prior to the meeting and ro cne appeared to object orally. After reviewing all the objections received, the Council found and determined that no remonstrance, pursuant to the provisions of Sec- tion 391A.14 of the Code of Iowa, 1973, as amended, was filed with the the Council, pertaining to any of the sewer improvements proposed to be made, as set out in said Resolution of Necessity as originally proposed. Moved by Getty, seconded by Roehr that Resolution No. 23860, a Reso- lution adopting the Resolution of Necessity (as proposed) for the Wren Road District Storm Sewer, Contract No. 89, be adopted. On roll call, Berdell, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Geiger. Mayor declared the resolution adopted. 67642 - Moved by Roehr, seconded by Wilharm that Resolution No. 23861, a Resolution directing Engineer to prepare detailed plans and speci- fications and directing Attorney to prepare form of contract and notice to bidders on the "Waterloo, Iowa, Wren Road Storm Sewer District, Contract No. 89',' be adopted. On roll call, Berdell, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Geiger. Mayor declared the reso- lution adopted. 67643 Moved by Getty, seconded by Roehr that the City Engineer's proposed plans, specifications, form of contract, form of proposal, prelimin- ary estimate of cost, etc. for the Wren Road Storm Sewer District, Contract No. 89, be received and placed on file. Motion carried. 67644 - Moved by Wilharm, seconded by Getty that Resolution N�. 23862, a Res- olution ordering construction, approving plans, specifications and form of contract and notice to bidders, fixing amount of bidder's check, and ordering City Clerk to publish notice to bidders and fix- ing a date for receiving same, and for a public hearing on plans, specifications and form of contract, be adopted, and said date be set as May 27, 1975. On roll call, Berdell, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Geiger. Mayor declared the reso- lution adopted. 67645 - Moved by Roehr, seconded by Lichty that the proof of publication of the Notice of Proposal to Remove Dutch Elm Diseased Tree and Levying Assessment for cost thereof on premises at 220 Sheridan Road owned by Marian S. Braadh, be received and placed on file. Motion carried. 67646 - The Mayor announced the time had arrived for the hearing of objec- tions to removal of a Dutch Elm diseased Tree and levying assessment for the cost thereof on the premises at 220 Sheridan Road owned by Marian S. Braadh and asked if anyone present wished to be heard or if any written objections had been filed. No oral objections were made and the Clerk reported no written ob- jections had been placed on file. April 5, 1975 4 67646 (Continued) Moved by Wilharm, seconded by Lichty that Resolution No. 23863, di- recting the Removal of a Dutch Elm Diseased Tree on the premises at 220 Sheridan Road owned by Marian S. Braadh, be adopted. On roll call, Berdell, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Geiger. Mayor declared the resolution adopted. 67647 - Moved by Getty, seconded by Keller that Resolution No. 23864, making assessment for the removal of a Dutch Elm diseased tree on the prem- ises known as 220 Sheridan Road and instructing the City Clerk to certify said assessment to the Black Hawk County Auditor, be adopted. On roll call, Berdell, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Geiger. Mayor declared the resolution adopted. 67648 Councilman Wilharm presented the petition of William H. Higgins, 248 Crestview Avenue, et al, property owners and residents of Sheridan Road, Crestview Avenue, Rosehill Terrace, Meadow Lane and Lynkaylee Drive, requesting the surface water and storm sewer conditions be investigated and corrected. Moved by Roehr, seconded by Getty that the above petitions be re- ceived, placed on file and referred to the City Engineer. Motion carried. 67649 Gene Bernstein, President of Local 66, International Association of Firefighters, reported Orval D. Van Skiver had retired from the Fire Department due to a heart condition, which was job incurred, he was hospitalized in Arizona, the Fire Chief was informed of this about a month ago and the Association was still waiting for an Attorney's opinion as to payment of the bills. City Attorney Smith stated the Fire Chief had talked to the Asst. City Attorney and this was compensable and should be paid. Mayor Rooff said he was unaware of this matter and would take care of it. 67650 Councilman Keller reported that Saturday, May 3, 1975 was D -Day for the cleaning of Elmwood Cemetery and probably sixty or seventy people showed up, among whom were National Guard, the Fire Chief and his helpers, and other groups. He stated the trees were down, the ceme- tery was starting to look like a very nice place, and on Saturday May 10th, the final day, he would like to see a hundred people out to finish up the job between 8:30 A.M. and later afternoon. He asked the press to help make this known as volunteers were needed to pick up the debris. 67651 - Mayor Rooff announced that he and Community Development Administra- tor Mercer have been trying to get confirmed dates for appearances before the U.S. House and Senate on flood control and May 7th had been set for said appearances. He requested that the Council allow them to return to Washington, D.C. and back to Waterloo. Moved by Roehr, seconded by Wilharm that the above request of Mayor Rooff for himself and Community Development Administrator Mercer to appear before the U.S. House and Senate on May 7, 1975 be received, placed on file, expenses approved and permission granted. On roll call, Berdell, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Geiger. Mayor declared the motion car- ried. 67652 - Russell Burt, Chairman of mayor's Safety Committee, spoke in support of a traffic study being made for the intersection of Ansborough Ave- nue and Ridgemont Avenue. May 5, 1975 5 67652 - (Continued) Moved by Roehr, seconded by Wilharm that the communication from Russell Burt, Chairman of Mayor's Safety Committee, transmitting a petition from Barbara Call, etal, for hand operated traffic control lights at the intersection of Ansborough Avenue and Ridgemont Road, and requesting a study be made by the Engineering Department, be re- ceived, placed on file, and the City Engineer and the Traffic and Sign Department instructed to proceed with a study. Motion carried. 67653 Moved by Keller, seconded by Lichty that the communication from the Starlite Drive -In Theatre Co., requesting permission to stage fire- works display at 4000 University Avenue on July 3, 1975, with alter- nate nights of July 4 or 5, 1975, in case �f inclement weather, to- gether with bond, be received, placed on file and permission granted subject to approval of the Fire Chief. Motion carried. 67654 - Moved by Wilharm, seconded by Getty that the communication from the City Engineer, transmitting a request from John Deere Waterloo Trac- tor Works for permission to construct four (4) commercial curb cuts, two on West Ridgeway Avenue and two on DeWitt Road, as shown on the attached plat, and recommending approval subject to the provisions of his letter, be received, placed on file, recommendations approved and permission granted in accordance therewith at no cost to the City of Waterloo. Motion carried. 67655 Moved by Getty, seconded by Berdell that the communication from the Community Development Administrator, submitting for Council consid- eration the offer of Waterloo, Iowa Congregation of Jehovah's Wit- nesses to purchase Disposal Parcel No. 35 in the Logan Avenue Urban Renewal Area, Project Iowa R-2, Northeast corner of Highway 63 and Newell Street, in the City of Waterloo, Iowa, for the sum of $2,300.00, together with attached map, for construction of "hall of worship" purposes, and reporting the Community Development Board approved said disposition, be received, placed on file and Resolu- tion No. 23865, authorizing the sale of Disposal Parcel No. 35 in the Logan Avenue Urban Renewal Area, Project No. Iowa R-2, adopted, and the date of hearing set as June 9, 1975 at 7:00 P.M. On roll call, Berdell, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Geiger. Mayor declared the reso- lution adopted. 67656 Moved by Wilharm, seconded by Roehr that the communication from the City Engineer, transmitting a petition from Arthur L. Kibe, 1121 Bauch Street, et al, representing 57% of the petitioned frontage, for paving of Bauch Street from Maxwell Street to Aladdin Street,and reporting this is not in the three-year program, be received and placed on file and referred to the City Engineer for a recommendation. Motion carried. 67657 - Moved by Roehr, seconded by Wilharm that the communication from the City Engineer, transmitting petition from Frank J. Adams, 2136 Card- inal Drive, et al, representing petitioned frontage for Cardinal Drive of 507 and Helen Road of 52%, for paving of Cardinal Drive from Longview Drive to Helen Road, and Helen Road from Cardinal Dr- ive to Rainbow Drive, and reporting this is not in the three-year paving program, be received and placed on file and referred to the City Engineer for a recommendation. Motion carried. 67658 - Moved by Wilharm, seconded by Roehr that the communication from the City Engineer, transmitting a petition from Richard Tournier, 1105 Hartmen Avenue, et al, representing 25% of petitioned frontage, for May 5, 1975 6 67658 - (Continued) paving of Wilbur Street from Janney Avenue to Hartman Avenue, and reporting this is proposed for the 1976 Paving Program, be received and placed on file and referred to the City Engineer for a recommend- ation. Motion carried. 67659 - Moved by Wilharm, seconded by Getty that the communication from the City Engineer, transmitting a petition from Eddie 0. Brocka, 1202 Janney Avenue, et al, representing 317 of petitioned frontage, for paving of Janney Avenue from Wilbur Street to Ansborough Avenue, and reporting this is proposed for the 1976 Street Paving Program, be received and placed on file and referred to the City Engineer for a recommendation. Motion carried. 67660 - Moved by Roehr, seconded by Wilharm that the communication from the City Engineer, transmitting the petition from Beulah R. Walden,136 Summit Avenue, et al, for storm sewer for Summit Avenue, together with plat, be received and placed on file and referred to the City Engineer for a recommendation. Motion carried. 67661 - Councilman Wilharm inquired as to the objections against the rezon- ing from R-2 One and Two Family Residence District to R -3,R -P Plan- ned Residence District and C-1 Commercial District of certain Real Property in Tract "A" and Lots 1 and 2, all in Jane Addition, and it was brough out the objections were to high density of multiple housing, increased traffic flow and overpopulation of the schools in the area. Mrs. Sylvia Winter spoke in support of the objection petitions, stating Mr. Mclntee, the developer, said he would not put in multiple dwellings in her subdivision, only single housing units. Councilman Getty added he attended a gathering of the objectors and they all stated Mr. Mclntee had said he would only construct single dwelling units in this area. Moved by Getty, seconded by Keller that the communication from the City Plan and Zoning Commission, transmitting the request from Wil- liam Mclntee and James Kane for the City Council on its own motion to rezone from "R-2" One and Two Family Residence District to "R-3, R -P" Planned Residence District and "C-1" Commercial District cer- tain real property in Tract "A" and Lots 1 and 2, all in Jane Addi- tion, as shown in the attached plat and legally described in Exhibit "A" and Exhibit "B" arid Exhibit "C", (south of Martin Road and south- easterly of Highway #63) , together with objection petitions from property owners within 250' and transcript of said Commission's hearing, and recommending denial, be received, placed on file, rec- ommendations approved and said request denied. On roll call, Getty, Keller, Roehr and Wilharm voted Aye. Nay: None. Abstained: Berdell and Lichty. Absent: Geiger. Mayor declared the motion carried. 67662 - Moved by Roehr, seconded by Wilharm that the communication from the City Plan and Zoning Commission, transmitting the request of John Deere Employees Credit Union to vacate the unopened alley lying par- allel to and NWly of C.N.W.R.R. right-of-way between Ansborough Ave- nue and Home Park Boulevard, as shown on the attached plat, together with letters of consent from Northwestern Bell Telephone Company, Iowa Public Service Company and Waterloo Water Works, and recommend- ing approval subject to the City retaining easement rights over and across the full width of the alley, be received, placed on file and Resolution No. 23866, fixing the time and place of hearing and notice to be given relative to the vacation of said alley as June 2, 1975 at 7:00 P.M. in the Council Chambers of the City Hall, and instruct- ing the Clerk to publish the notice of hearing, adopted. May 5, 1975 - 7 67662 - (Continued) On roll call, Berdell, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Geiger. Mayor declared the reso- lution adopted. 67663 - Moved by Wilharm, seconded by Getty that the communication from the City Plan and Zoning Commission, transmitting the request of Richard Young to vacate an easement on the Nly 6' of Lot 45, Waterloo Country Club Addition, located West of Inverness Road near its intersection with Ridgemont Road, together with releases of easement from Iowa Public Service Company and Northwestern Bell Telephone Company, and recommending approval, be received, placed on file and Resolution No. 23867, fixing the time and place of hearing and notice to be given relative to the vacation of said easement as June 2, 1975 at 7:00 P.M. in the Council Chambers in City Hall, and instructing the Clerk to publish th notice of hearing, adopted. On roll call, Berdell, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Geiger. Mayor declared the reso- lution adopted. 67664 - The Engineers, having checked the bids for the Westfield Avenue - McKinley Street Storm Sewer, Contract No. 92, reported that after checking the extensions and totals of the bids submitted, the bid of F. A. Moser & Associates, Inc., of Waterloo, Iowa in the amount of $297,225.25, was the lowest legal bid received. Moved by Keller, seconded by Wilharm that Resolution No. 23868, ac- cepting the bid of F. A. Moser & Associates, Inc., of Waterloo, Iowa in the amount of $297,225.25 for the Westfield Avenue -McKinley Street Storm Sewer, Contract No. 92, be adopted. On roll call, Berdell, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Geiger. Mayor declared the resolution adopted. 67665 - Moved by Wilharm, seconded by Roehr that the communication from the City Engineer, transmitting a request from Cecil J. Burns for per- mission to construct a 20' commercial curb cut at 1157 Ravenwood, as shown on the attached plat, and recommending approval subject to the provisions of his letter, be received, placed on file, recommenda- tions approved and permission granted in accordance therewith at no cost to the City. Motion carried. 67666 - Moved by Wilharm, seconded by Getty that the communication from the City Engineer, transmitting a request from William J. Fitzpatrick, 2030 West 6th Street, for permission to construct one(1) temporary asphalt driveway on 2030 West 6th Street, as shown on attached plat, together with $3.00 in cash for recording waiver, and recommending approval subject to the provisions of his letter, be received, placed on file, request approved and Resolution No. 23869, granting permis- sion and authorizing construction irrespective of a later official grade, be adopted. On roll call, Berdell, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Geiger. Mayor declared the reso- lution adopted. 67667 - Moved by Wilharm, seconded by Getty that the communication from the City Engineer, transmitting a request from Allen Krueger, 1607 Plym- outh Avenue, for permission to construct one (1) temporary concrete driveway at 1607 Plymouth Avenue, as shown on the attached plat, to- gether with $3.00 in cash for recording waiver, and recommending approval subject to the provisions of his letter, be received, placed on file, request approved and Resolution No. 23870, granting per- mission and authorizing construction irrespective of a later offi- cial grade, be adopted. May 5, 1975 8 67667 - (Continued) On roll call, Berdell, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Geiger. Mayor declared the resolution adopted. 67668 - Moved by Wilharm, seconded by Getty that the communication from the City Engineer, transmitting a request from Loren C. Homann, 204 Gayle Street, for permission to construct one (1) temporary concrete drive- way at 204 Gayle Street, as shown on attached plat, together with $3.00 in cash for recording waiver, and recommending approval subject to the provisions of his letter, be received, placed on file, request approved and Resolution No. 23871, granting permission and authoriz- ing construction irrespective of a later official grade, be adopted. On roll call, Berdell, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Geiger. Mayor declared the resolution adopted. 67669 Moved by Roehr, seconded by Wilharm that the communication from the City Engineer, reporting on the petition of Edwin L. Thompson, 1028 Chalmers Street, et al, for paving of Chalmers Street from Janney Street to Hartman Avenue, referred to him under Council Action #67493 of 4/7/75, be received and placed on file, and said street ordered included in the next paving program. Motion carried. 67670 - Under Council Action #67588 of 4/21/75 action was deferred on the objection of John Rottjer dba A & W Restaurant, 1950 Plymouth Avenue, to the conveyance of Lot 125 and West 10' of Lot 124, Pleasant View Addition to the Morris Plan Company, and was now presented for con- sideration. Mayor Rooff recommended the sale of Lot 125 and West 10' of Lot 124, Pleasant View Addition subject to writting into the deed the stipu- lation that if the City in the future would need this real property it would be returned to the City at no cost. He stated Mr. Rottjer also had deeded some property to the City several years ago, which he had paved, and investigation showed he was using this as a park- ing area for his customers. Moved by Keller, seconded by Wilharm that the objection of John Rot- tjer dba A & W Restaurant, 1950 Plymouth Avenue, be received, placed on file and overruled. A discussion followed as to the expense of purchasing the necessary properties for the City to put in a backage road, and Councilman Getty asked for the question. On roll call, Berdell, Getty, Keller, Roehr and Wilharm voted Aye. Nay: Lichty. Absent: Geiger. Mayer declared the motion carried. 67671 Moved by Wilharm, seconded by Getty that Resolution No. 23872, ap- proving and authorizing the conveyance of Lot 125 and West ten (10) feet of Lot 124, Pleasant View Addition, as fully described in the Notice of proposal to Dispose of 'Real Estate published in the the Waterloo Daily Courier on March 27 and April 3, 1975, to The Morris Plan Company for costs subject to return to the City at no cost at such time as the City has an actual need for it, and directing and authorizing the Mayor and City Clerk to execute and deliver a deed for said property, be adopted. On roll call, Berdell, Getty, Keller, Roehr and Wilharm voted Aye. Nay: Lichty. Absent: Geiger. Mayor declared the resolution adopted. 67672 - The policy of dedicating right of way to the City for street widening purposes was discussed, questions were raised to past policy and the recommendation of the City Engineer of acquiring 17'. May -5, 1975 9 67672 (Continued) Dick Klingaman stated he did not feel he should give 17' of land when on the other side of the street the City would buy the land, that the City should be consistent in whatever action it takes. Councilman Keller remarked it wasnotbeing consistent when on one side the City was buying and on the other side the property owner was dedicating. Councilman Lichty stated she did not feel the taxpayers of the City should have to pay for land which should be dedicated. After further discussion, it was moved by Wilharm, seconded by Roehr that the communication from the City Plan and Zoning Commission, transmitting Final Plat of "R -3,R -P" Planned Residence District known as Timberline Patio Homes, Engineer's Certificate of Survey, Report of City Engineer, Resolution of Approval from said Commis- sion, be received, placed on file and Resolution No. 23873, approv- ing said Final Plat, adopted, subject to 17' of land being dedicated to the City of Waterloo as recommended by the City Engineer and City Plan & Zoning Commission for future street purposes. On roll call, Lichty, Roehr and Wilharm voted Aye. Nay: Berdell, Getty and Keller. Absent: Geiger. Mayor declared a tie vote and the Mayor instructed the Clerk to place this Final Plat on the Agenda for May 12, 1975. 67673 Moved by Roehr, seconded by Lichty that the communication from the City Engineer, transmitting six (6) "Application for Sanitary Sewer and Waiver of All Legal Proceedings Relative Thereto" from (1) Clinton B. Cowan and Mildred C. Cowan, (2) Paul F. Kowal and Lora M. Kowal, (3) Betty J. Kruska, (4) Donald P. Weber and Betty L. Weber, (5) Lola A. Dirksen and (6) Gale Elaine Dilley, for construction of sanitary sewer on Colorado Street from Cottage Grove Avenue to Butler Street, and recommending approval with the cost to be assessed, be received, placed on file, recommendations approved and the City Engi- neer instructed to proceed accordingly. Motion carried. 67674 Moved by Getty, seconded by Berdell that the communication from the City Engineer, transmitting two Applications for Sanitary Sewer and Waiver of All Legal Proceedings Relative Thereto, together with temp- orary easements from Lyle A. Hillman and Pauline I. Hillman and from George J. Shimek and Roberta M. Shimek for extending sanitary sewer service to 1502 and 1504 Hammond Avenue for an estimated cost of $954.00 for each property and the City of Waterloo to participate in the cost in the amount of $3,535.00, and recommending approval, be received, placed on file, recommendations approved and the City Engineer instructed to procedd accordingly. On roll call, Berdell, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Geiger. Mayor declared the motion carried. 67675 Mayor Rooff informed the Council that the John Deere deed for certain land was given to the City for as long as needed for well purposes by the Waterloo Water Works and the land was to be returned when not needed. Moved by Wilharm, seconded by Lichty that a Special Warranty Deed dated 1/13/75 from Deere & Company conveying unto the City of Water- loo, Iowa, certain real property in NE4 of Section 1-88-14 and SE4 of Section 31-89-13 for the Waterloo Water Works, be received, placed on file and Resolution No. 23874, approving and accepting said deed and directing the recording of same, be adopted. On roll call, Berdell, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Geiger. Mayor declared the resolu- tion adopted. May 5, 1975 - 10 - 67676 - Moved by Getty, seconded by Wilharm that the communication from the Community Development Administrator, transmitting an original and two copies of Easement Agreement dated 4/10/75 between the Illinois Central Gulf Railroad and the City of Waterloo, Iowa, for installa- tion and maintenance of flood control structures in connection with Stage 5-A, Local Flood Control Project, and recommending approval, be received, placed on file and Resolution No. 23875, a Resolution authorizing the City of Waterloo, Iowa, to enter into an agreement with the Illinois Central Gulf Railroad whereby the City is granted a permanent easement for the installation and maintenance of flood control structures on and across land of the Illinois Central Gulf Railroad, be adopted. On roll call, Berdell, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Geiger. Mayor declared the reso- lution adopted. 67677 Moved by Getty, seconded by Wilharm that the Communication from the Community Development Administrator, transmitting an original and two copies of Easement Agreement dated 5/5/75 between the Waterloo Riverfront Commission and the City of Waterloo, Iowa, in connection with Stage 5-A of the Local Flood Control Project, and requesting approval, be received, placed on file and Resolution No. 23876, ap- proving and accepting said Easement Agreement and authorizing the Mayor and City Clerk to execute the same in behalf of the City of Waterloo, Iowa, be adopted. On roll call, Berdell, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Geiger. Mayor declared the reso- lution adopted. 67678 Moved by Getty, seconded by Berdell that the communication from the Community Development Administrator, transmitting original and two copies of Easement Agreement dated 5/5/75 between the Board of Park Commissioners and the City of Waterloo, Iowa, in connection with Stage 5-A of the Local Flood Control Project and requesting approval, be received, placed on file and Resolution No. 23877, approving and accepting said Easement Agreement and authorizing the Mayor and City Clerk to execute the same in behalf of the City of Waterloo, Iowa, be adopted. On roll call, Berdell, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Geiger. Mayor declared the reso- lution adopted. 67679 - An Ordinance amending Ordinance No. 2644, known as the Traffic Ord- inance of the City of Waterloo, Iowa, by repealing Section 219, Turning Left at Intersection, and enacting in lieu thereof new Sec- tion 219, Left Turns - Yielding, was read by the. Clerk. Moved by Keller, seconded by Wilharm 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 readings, and be now placed on its final adoption. On roll call, Berdell, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Geiger. Mayor declared the motion carried. 67680 - Moved by Getty, seconded by Berdell that Ordinance #2737, an Ordin- ance amending Ordinance No. 2644, known as the Traffic Ordinance of the City of Waterloo, Iowa, by repealing Section 219, Turning Left at Intersection, and enacting in lieu thereof new Section 219, Left Turns - Yielding, be adopted. On roll call, Berdell, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: Ndne. Absent: Geiger. Mayor declared the ordin- ance adopted. 67681 - An Ordinance regulating the design, construction, operation and maintenance of public swimming pools including all necessary appurt- enances, was read by the Clerk. • 67681 - (Continued) 11 - Moved by Roehr, seconded by Lichty that said Ordinance be recorded as having passed its first reading. On roll call, Berdell, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Geiger. Mayor declared the motion carried. 67682 - Moved by Roehr, seconded by Wilharm that the communication from the City Attorney, transmitting a proposed "Resolution Terminating the Low Rent Housing Commission and Board of Commissioners", be received, placed on file and Resolution No. 23878, being a Resolution Termin- ating the Low Rent Housing Commission and Board of Commissioners, be adopted. On roll call, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: Berdell. Absent: Geiger. Mayor declared the resolution adopted. 67683 - Moved by Wilharm, seconded by Getty that Resolution No. 23879, a Resolution directing the advertisement for sale of $574,000 Airport Bonds, be adopted. On roll call, Berdell,; Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Geiger. Mayor declared said reso- lution duly adopted. 67684 - Moved by Roehr, seconded by Lichty that the communication from the Building Official, reporting Harold Hinde has retired from the In- spection Department as of May 2, 1975, and is entitled to 17 working days sick leave pay in the total amount of $587.52, based on accumu- lation, be received, placed on file, approved and Resolution No. 23880, authorizing payment accordingly, be adopted. On roll call, Berdell, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Geiger. Mayor declared the reso- lution adopted. 67685 Moved by Roehr, seconded by Lichty that the communication from the Chief of Police, reporting Patrolman Albert Henry has retired from the Police Department as of April 25, 1975, and is entitled to sixty (60) working days sick leave pay in the total amount of $2,521.80, based on accumulation, be received, placed on file, approved and Res- olution No. 23881, authorizing payment accordingly, be adopted. On roll call, Berdell, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Geiger. Mayor declared the reso- lution adopted. 67686 - Moved by Getty, seconded by Berdell that the City Engineer be in- structed to prepare the plans and specifications, form of contract and bond, estimate of cost, etc. for the construction of Hollywood Avenue, Hammond Avenue and Colorado Street Sanitary Sewers and Castle Street Storm Sewer, known as Contract No. 185, in the City of Water- loo, Iowa. Motion carried. 67687 - Moved by Roehr, seconded by Wilharm that the communication from the City Engineer, transmitting plans and specifications, form of contract and bond, estimate of cost, etc. for Hollywood Avenue, Hammond Avenue and Colorado Street Sanitary Sewers and Castle Street Storm Sewer, Contract No. 185, in the City of Waterloo, Iowa, be received and pla- ced on file. Motion carried. 67688 - Moved by Wilharm, seconded by Getty that Resolution No. 23882, pre- liminarily approving the plans and specifications, form of contract May 5, 1975 - 12 - 67688 (Continued) and bond, estimate of cost, etc. for Hollywood Avenue, Hammond Ave- nue and Colorado Street Sanitary Sewers and Castle Street Storm Sewer, Contract No. 185, in the City of Waterloo, Iowa, be adopted. On roll call, Berdell, Getty, Keller, Lichty, Roehr and Wilharm voted Aye. Nay: None. Absent: Geiger. Mayor declared the reso- lution adopted. 67689 Moved by Getty, seconded by Wilharm that the City Clerk be instruc- ted to publish the Notice of Public Hearing on proposed plans and specifications and proposed form of contract for the construction of the Hollywood Avenue, Hammond Avenue, and Colorado Street Sani- tary Sewers and Castle Street Storm Sewer, and Taking of Bids for the Improvements, said date being set as May 27, 1975, at 7:00 P.M. Motion carried. 67690 Moved by Roehr, seconded by Getty that the application, bond and fee for transfer of Mobile Home Park Operator's License from Community Mortgage and Investment Co. dba Smitty's Mobile Home Village to Jerry E. and Donna J. Bush dba Smitty's Trailer Court at 1531 Sager Avenue, be received, placed on file and approved for transfer of City license. Motion carried. 67691 Moved by Getty, seconded by Wilharm that the following applications and bonds for renewal Auto Salvage Yard Licenses, together with nec- essary fees, be received, placed on file, approved and licenses granted subject to the requirements of ordinance governing same. Ronald J. Hurley, Franklin Street and Short Street Jerry Glen Weekley dba J & L Auto Salvage, 1003 Winona Street Chase Auto Parts Co., Inc., 2219 Easton Avenue Chase Auto Parts Co., Inc., 2219 Easton Avenue Motion carried. 67692 Moved by Roehr, seconded by Lichty that the following applications with required fees, for 1975-1976 Scavenger Licenses for the City of Waterloo, Iowa, to expire May 1, 1976, approved by the Sanitation De- partment, be received, placed on file, approved and licenses granted: Howard Aten Services, Inc., 515 Trail Avenue, Evansdale, Iowa Keith L. Green dba Sanitary Septic Service, Cedar Falls, Iowa Chuck Tollefsrud dba Chuck's Sanitary Service, 640 Boysen Road, Hiawatha, Iowa Jim's Sewer Service 317 2nd Street, Washburn, Iowa. Motion carried. 67693 - Moved by Getty, seconded by Wilharm 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 en- dorsed 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. 23883, approving the applications, be adopted. BEER PERMIT APPLICATION Class B Claus Striker dba Cedarloo Raceway, Inc., 3917 University Ave. BEER & LIQUOR LICENSE Class A El Mecca Shrine Club, Amvets Home, Inc., 32 May 5, 1975 APPLICATIONS Inc., 209 W. 5th Street Lafayette Street 13 - 67693 - (Continued) BEER & LIQUOR LICENSE' APPLICATIONS Class C Leon J. Richardson dba Buck Hill Tap, 704 Cleveland Street Vernette Grace Klenzman dba Vernie's Tap, 118 Commercial St. SUNDAY SALES Beer - Class B Cedarloo Raceway Inc. On roll call, Berdell, voted Aye. Nay: None lution adopted • , 3917 University Avenue Getty, Keller, Lichty, Roehr and Wilharm . Absent: Geiger. Mayor declared the reso- 67694 - Moved by Wilharm, seconded by Roehr that the following application for permission to sell cigarettes at the location as designated in the City of Waterloo, Iowa, be received, placed on file and permit granted: Jack D. Wiles dba J & S Truck Stop and Cafe, 1700 Falls Avenue Motion carried. 67695 - Moved by Getty, seconded by Roehr that the following applications for dance licenses, approved by the Building Official, Fire Chief and Police Chief, together with fees in the amount of $25.00 each, be received, placed on file and said dance licenses granted: Marvyl Elizabeth Johnson dba The Que Tavern, 341 Fletcher Avenue The Red Cedar dba The Red Cedar, 102 West Eleventh Street Electric Park, Inc., dba Electric Park Ballroom, West Conger and Rainbow Drive Wanda A. Abbe dba The Colony Club, 612 Maynard Street Lester James Akers dba Corner Tap, 108 Jefferson Street Motion carried. 67696 - Moved by Wilharm, seconded by Lichty that the following applications, together with doctor's certificates and approval of the Chief of Police, for taxicab driver's licenses, be received, placed on file and the licenses granted: Scott Charles Werling,2521 Iowa #2, Cedar Falls, Iowa Gary Headrick, 614 Wellington Street Motion carried. 67697 = Moved by Getty, seconded by Roehr that the report of the City Attorn- ey, advising that the bonds filed with the City Clerk up to the close of business on May 5, 1975, as shown on the list attached to said re- port, have been approved by him, be received, placed on file, and the report and bonds approved. Motion carried. 67698 - Moved by Roehr, seconded by Lichty that the Council adjourn. Motion carried. May 5, 1975