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HomeMy WebLinkAbout11/10/1975Y " v November 10, 1975 The Council of City of Waterloo, Iowa, met in Regular Session in Council Chambers in City Hall at 7:00 P.M. on November 10, 1975. Mayor Rooff in the Chair. On roll call, Present: Berdell, Geiger, Getty, Keller, Lichty, Roehr and Wilharm. Invocation by Councilman Geiger. 68978 - Moved by Roehr, seconded by Wilharm that the Agenda, as amended, for the Regular Session of November 10, 1975 at 7:00 P.M., be accepted and approved. Motion carried. 68979 - Moved by Geiger, seconded by Wilharm that the Minutes of the Regular Session held November 3, 1975 at 7:00 P.M., be approved. Motion carried. 68980 - Moved by Getty, seconded by Geiger that proof of publication of notice of public hearing to vacate, sell and convey to Tom Shirk et al all the alley located between the East line of Oregon Street and West line of Minnesota Street, between Locke Avenue and Howard Avenue, Pleasant View Addition, as published in Waterloo Daily Courier on October 30, 1975, for 5(�,a square foot plus costs, be received and placed on file. Motion carried. 68981 - The Mayor announced the time had arrived to hear objections, and called for oral and written objections. No objections were made or filed. Moved by Wilharm, seconded by Lichty that "Ordinance vacating All the Alley located between the East line of Oregon Street and the West line of Minnesota Street, between Locke Avenue and Howard Avenue, Pleasant View Addition", be considered and passed for the first time. Ayes: Seven. Motion carried. 68982 - Moved by Roehr, seconded by Wilharm that proof of publication of the notice of public hearing on proposal to vacate a section of Wagner Road beginning at intersection of West Donald Street and Wagner Road and proceeding north 2,000 lineal feet, as published in Waterloo Dailv Courier on October 30, 1975, be received and placed on file. Lotion carried. 68983 - The Mayor announced the time had arrived to hear objections and called for written and oral objections. No written objections were filed. Oral objections were made by: Kenneth Carson and William Brinker, 2465 Wagner Road, to dead -ending the Brinker property. Questions were raised as to the dead -ending of Hyperion Drive. City Engineer Eadue explained the location of the levee, stating there would be no connection for this street across the levee but that Hackett Road would come along on the west side and go right with the dike, and the Corps of Engineers was taking Wagner Road to build the dike. After much discussion, Mayor Rooff stated the Council could put in a commitment to build Hyperion Drive over the dike. In a show of hands Messrs. Carson and Brinker were the only ones objecting to vacation of Wagner Road. Moved by Roehr, seconded by Wilharm that the above objections be received, placed on file and overruled. Motion carried.. 68984 - Moved by Roehr, seconded by Wilharm. that "Ordinance vacating a section of Wagner Road beginning at intersection of West Donald Street and Wagner Road and proceeding north 2,000 lineal feet for flood control purposes", be considered and the rules requiring ordinances to be con- sidered and voted on at two prior meetings, suspended, said Ordinance recorded as having been considered and passed for the first, second and third times, and now placed on its final adoption, keeping in mind the rebuilding of Hyperion Drive up on the dike. Ayes: Keller, Roehr and Wilharm. Nays: Berdell, Geiger, Getty and Lichty. Motion not carried. 68985 - Moved by Getty, seconded by Wilharm that "Ordinance vacating a section of Wagner Road beginning at intersection of !-Test Donald Street and Wagner Road and proceeding north 2,000 lineal feet for flood control purposes", be considered and passed for the first time, with the Citv Engineer to check into the feasibility and cost of extending'Hvperion Drive up on the dike. Ayes: Seven. Motion carried. 68986 - Moved by Roehr, seconded by Wilharm that proof of publication of notice of public hearing on proposal to vacate the Easterly Three Feet of an Easement located on the Westerly Eight Feet of Lot 76, Southgate Fifth Addition, as published in the Waterloo Daily Courier on October 30, 1975, be received and placed on file. motion carried. - 2 - 68987 - The Mayor announced the time had arrived to hear objections, and called for oral and written objections. No objections were made or filed. Moved by Roehr, seconded by Wilharm that "Ordinance vacating the Easter- ly Three Feet of an Easement located on the Westerly Eight Feet of Lot 76, Southgate Fifth Addition, with an Easement to the City of Waterloo over the Southerly Eight Feet of said Lot 76", be considered and the rules requiring ordinances to be considered and voted on at two prior meetings, suspended, said Ordinance recorded as having been considered and passed for the first, second and third times, and now placed on its final adoption. Ayes: Seven. Motion carried. 68988 - Moved by Getty, seconded by Roehr that "Ordinance vacating the Easterly Three Feet of an Easement located on the Westerly Eight Feet of Lot 76, Southgate Fifth Addition, with an Easement to the City of Waterloo over the Southerly Eight Feet of said Lot 76", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2775 in official ordinance book. 68989 - Moved by Getty, seconded by Lichty that proof of publication of notice of public hearing on re -zoning, upon the request of Fedon Petrides for Southland Park, Inc., upon recommendation of City Zoning Commission and Council's own motion, to rezone from "A-1" Agricultural District to "R-3, R -P" Planned Residence District, a part of Section 7 -88N -13W located on the North side of West Shaulis Road between U. S. Highway #63 and West Fourth Street, as published in Waterloo Daily Courier on October 30, 1975, be received and placed on file. Motion carried. 68990 - The Mayor announced the time had arrived for the hearing and called for oral and written objections. No written objections had been filed. Oral objections were made by Dick Klingaman, Ken Peiffer, Roger Ander- son and Don Pullin due to flooding of their lands to depths of one to three feet, two to three times in the last five years. A discussion followed as to where the water would outlet; Iowa Natural Resources Council approval of building in flood plain area at a certain elevation and the raising of the first floor elevation to higher than the 100 flood plan; also, the City's responsibility for flow of surface water. Moved by Getty, seconded by Roehr that the above objections, be received, placed on file and overruled. Motion carried. 68991 - Moved by Getty, seconded by Berdell that "An Ordinance amending Ordi- nance No. 2479, as amended, by adding Sub -Section No. 81 to Section 2A-5, rezoning certain property", be considered and passed for the first time. Ayes: Seven. Motion carried. 68992 - Moved by Roehr, seconded by Lichty that the City Engineer be instructed to contact the Iowa Natural Resources Council to come to Waterloo to discuss the Southland Park, Inc. request with the Council. Motion carried. 68993 - Moved by Roehr, seconded by Lichty that proof of publication of notice of public hearing on re -zoning, upon the request of Community Mortgage and Investment Company, upon recommendation of City Zoning Commission and Council's own motion, to rezone from "A-1" Agricultural District to "R-4, R -P" Planned Residence District a part of Section 11 -88N -13W located South of proposed Highway 520 and East of Hammond Avenue, as published in Waterloo Daily Courier on October 30, 1975, be received and placed on file. Motion carried. 68994 - The Mayor announced the time had arrived to hear objections, and called for oral and written objections. No objections were made or filed. The sanitary sewer problem was discussed and William Robinson, Engineer, stated 20 acres of the project would be served and the remainder would not be developed until the sanitary sewer was available. Moved by Roehr, seconded by Getty that "An Ordinance amending Ordinance No 2479, as amended, by adding Sub -Section No. 82 to Section 2A-5, rezoning cer- tain property", be considered and passed for the first time. Ayes: Seven. Motion carried. 68995 - Mayor Rooff recommended that action on acceptance of a bid for the Fourth Street Bridge Walkway Canopy, Minor Contract No. 91, be further delayed. Moved by Roehr, seconded by Getty that the above recommenda- tion be received, placed on file and said action tabled. Motion carried. November 10, 1975 ''1 - 3 - 68996 - Moved by Geiger, seconded by Berdell that request from R. Keith Stokes and Clair R: Smith for permission to construct a 22' commercial curb cut at 1144 Langley Road, as shown on attached plat, and City Engineer's recommendation for 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. Motion carried.. 68997 - Moved by Geiger, seconded by Berdell that request from Floyd Boyle for permission to construct a temporary asphalt driveway at 1732 Ply- mouth Avenue, without regard to sidewalk grade, together with $3.00 for recording waiver, and City Engineer's recommendation for approval subject to the provisions of his letter, be received, placed on file, approved and "Resolution granting permission to Floyd Boyle and autho- rizing construction of a temporary asphalt driveway at 1732 Plymouth Avenue irrespective of a later official grade", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24301 in official resolution book. 68998 - Mayor Rooff reported for the Sign & Traffic Maintenance Department as to speed limit reduction and installation of signal lights. A discus- sion followed on the need in an industrial area for traffic control. Moved by Keller, seconded by Berdell that report of Sign and Traffic Maintenance Department on reduction of speed limit from 45 MPH to 35 MPH on West Ridgeway Avenue from west city limits to Deere Road (see Council Action #68969 of 11/3/75), be received, placed on file, recom- mendations approved, reduction of speed limit from west City limits to one-fourth mile east of Deere Road from 45 MPH to 35 MPH authorized, and the City Attorney instructed to submit an amendment to the Traffic Ordinance accordingly. Motion carried. 68999 - Moved by Getty, seconded by Geiger that report of Sign & Traffic Maintenance Department on request of Mayor's Safety Committee for re- duction of speed limit on Ansborough Avenue near Westridge School from 35 MPH to 25 MPH and recommendation of 25 MPH from Olympic Drive to Meadow Lane, be received, placed on file, and speed limit of 25 MPH on Ansborough Avenue from Olympic Drive to Meadow Lane approved and the City Attorney instructed to submit an amendment to the Traffic Ordinance accordingly. Motion carried. 69000 - Moved by Roehr, seconded by Wilharm that Change Order No. 1 for Wren Road Storm Sewer District, Contract No. 89, for additional work per- formed by WATCO Construction, Inc., for an increase of $270.90, be received, placed on file, approved and Mayor and Clerk authorized to execute same. Ayes: Seven. Motion carried. 69001 - Moved by Roehr, seconded by Wilharm that construction plans for sani- tary sewer facilities and concrete paving extension of Fairfield Avenue for Stoddard Subdivision and Treatment Agreement Form C 9/75 with Department of Environmental Quality, and City Engineer's recommendation for approval with final acceptance of attached plan subject to review by said Department, be received, placed on file, recommendations approv- ed and Mayor and City Clerk authorized to execute said Form C 9/75. Motion carried. 69002 - Moved by Wilharm, seconded by Getty that Change Order No. 1 for 1975 Paving Program, Contract No. 135, for additional work performed by Cedar Valley Corporation, for an increase of $4,048.35, be received, placed on file, approved and Mayor and City Clerk authorized to exe- cute same. Ayes: Seven. Motion carried. 69003 - Moved by Wilharm, seconded by Geiger that communication from City Attorney, transmitting an "Authorization for Demolition" of the Com- mercial Building located on NE 40' of SE 100' of Lot 1, Block 4, OPE, from Guy Rosen, Owner, be received, placed on file, approved and ac- cepted, and Clerk instructed to record same. Motion carried. 69004 - Moved by Keller, seconded by Wilharm that "An Ordinance amending Section 550, Taxicab Zones, of Ordinance No. 2644, as amended, known as the Traffic Ordinance, by adding Sub -Section 8", be considered and passed for the first time. Ayes: Seven. Motion carried. 69005 - Moved by Getty, seconded by Keller that statement from Brice, Petrides & Associates, Inc. for engineering design services for Fourth Street November 10, 1975 4 - 69005 - (Continued) Bridge, Contract No. 9, together with City Engineer's recommendation for approval, be received, placed on file and "Resolution accepting the statement dated 10/10/75 from Brice, Petrides & Associates, Inc. for engineering design services for Demolition and Reconstruction of Fourth Street Bridge, Contract No. 9, and authorizing payment accord- ingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, as8igned No. 24302 in official resolution book. 69006 - Moved by Getty, seconded by Wilharm that statement from Brice, Petrides & Associates, Inc. for engineering services for Westfield Avenue - McKinley Street Storm Sewer, Contract No. 92, be received, placed on file and "Resolution accepting the statement dated 10/23/75 from Brice, Petrides & Associates, Inc. for engineering services for Westfield Avenue -McKinley Street Storm Sewer, Contract No. 92, and authorizing payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24303 in official resolution book. 69007 - Moved by Wilharm, seconded by Roehr that statement from Brice, Petrides & Associates, Inc. for engineering services for Downtown Fourth Street Improvements, Contract No. 152, be received, placed on file and "Resolution accepting the statement dated 10/23/75 from Brice, Petrides & Associates, Inc. for engineering services for Downtown Fourth Street Improvements, Contract No. 152, and authorizing payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24304 in official resolution book. 69008 - Moved by Roehr, seconded by Getty that statement from Brice, Petrides & Associates, Inc., for engineering services for Chautauqua Park Area Paving, Sewers and Incidentals, Stage I, Contract No. 153, and Commun- ity Development Board request for approval, be received, placed on file and "Resolution approving and accepting statement dated 10/15/75 from Brice, Petrides & Associates, Inc. for engineering services for Chautauqua Park Area Paving, Sewers and Incidentals, Stage I, Contract No. 153, and certifying and authorizing payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24305 in official resolution book. 69009 - Moved by Keller, seconded by Getty that statement from Brice, Petrides & Associates, Inc., for engineering services for West Park Avenue Area, Paving, Sewers and Incidentals, Contract No. 147, and Community De- velopment Board request for approval, be received, placed on file and "Resolution approving and accepting the statement dated 10/23/75 from Brice, Petrides & Associates, Inc. for engineering services for West Park Avenue Area, Paving, Sewers and Incidentals, Contract No. 147, and certifying and authorizing payment accordingly", adopted. .yes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24306 in official resolution book. 69010 - Moved by Wilharm, seconded by Roehr that Completion Report of City Engineer for 1975 New Sidewalk Program, Contract No. 42, Component II, with recommendation for approval, be received, placed on file and "Resolution approving the Completion Report as to work and materials furnished by Grigg & Enos, Inc., Contractors, Hudson, Iowa, for con- struction of 1975 New Sidewalk Program, Contract No. 42, Component II, and authorizing payment accordingly", adopted. Ayes: Seven. Resolu- tion adopted and upon approval by Mayor, assigned No. 24307 in official resolution book. 69011 - Moved by Roehr, seconded by Getty that statement from Brice, Petrides & Associates, Inc. for engineering services for River Road, Stage I, Contract No. 142, and Community Development Board request for approval, be received, placed on file and "Resolution approving and accepting the statement dated 10/13/75 from Brice, Petrides & Associates, Inc. for engineering services for River Road, Stage I, Westfield -Virden Urban Renewal Project Iowa R-7, Contract No. 142, and certifying and authorizing payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24308 in official resolution book. 69012 - Moved by Geiger, seconded by Getty that Estimate #1 Report for Dry Run Creek Retaining Wall and Dike Modifications in Liberty Park, Contract No. 94, with Community Development Board recommendation for approval, be received, placed on file and "Resolution approving November 10, 1975 "WN 5 - 69012 - (Continued) Estimate #1 Report for work and materials furnished by Service Con- struction Co., Contractors, for Dry Run Creek Retaining Wall and Dike Modifications in Liberty Park, Contract No. 94, and certifying pay- ment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24309 in official resolution book. 69013 - Moved by Wilharm, seconded by Roehr that Estimate #17 for River Road, Stage I, Contract No. 142, with Community Development Board recommenda- tion for approval, be received, placed on file, and "Resolution. approv- ing Estimate #17 Report for work and materials furnished by J. F. Brennan Co., Inc. and M. F. Goerdt Construction Co., Joint Ventures, Contractors, for the River Road, Stage I, Westfield -Virden Urban Re- newal Project Iowa R-7, Contract No. 142, and authorizing and certify- ing payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24310 in official resolution book. 69014 - Moved by Roehr, seconded by Wilharm that Estimate #5 Report for West Park Avenue Area Paving, Sewers and Incidentals, Contract No. 147, with Community Development Board recommendation for approval, be re- ceived, placed on file and "Resolution approving Estimate #5 Report for work and materials furnished by Cedar Valley Corporation, Contrac- tors, for West Park Avenue Area Paving, Sewers and Incidentals, Westfield -Virden Urban Renewal Project Iowa R-7, Contract No. 147, and authorizing and certifying payments accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24311 in official resolution book. 69015 - Moved by Getty, seconded by Wilharm that Estimate #4 Report for Piver Road, Stage II, Contract No. 150, with Community Development Board re- commendation for approval, be received, placed on file and "Resolution approving Estimate #4 Report for work and materials furnished by Irving F. Jensen Co., Inc., Contractors, for River Road, Stage II, Westfield -Virden Urban Renewal Project Iowa R-7, Contract No. 150, and certifying payment accordingly", adopted. Ayes: Seven. Resolution_ adopted and upon approval by Mayor, assigned No. 24312 in official resolution book. 69016 - Moved by Geiger, seconded by Getty that Completion Report of City Engineer for West Ridgeway Avenue Widening Program, Contract No.'151, with recommendations for approval, be received, placed on file and "Resolution approving Completion Report as to work and materials fur- nished by Mepco, Inc., Contractors, Waterloo, Iowa, for the ingest Ridgeway Avenue Widening Program, Contract No. 151, accepting the work and authorizing payment in full accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24313 in official resolution book. 69017 - Moved by Wilharm, seconded by Roehr that the Certificate of Completion and Recommendation of Acceptance for Fourth Street Approaches, Paving, Sewers & Incidentals, Contract No. 148, Final Estimate No. 6 Report, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting Certificate of Com- pletion and Recommendation of Acceptance and Final Estimate No. 6 Report for work and materials furnished by Cedar Falls Construction Co. for the Fourth Street Approaches, Paving, Sewers & Incidentals, Contract No. 148, accepting the work and authorizing payment in full accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24314 in official resolution book. 69018 - Moved by Geiger, seconded by Berdell that Estimate #4 Report for Chautauqua Park Area Paving, Sewers & Incidentals, Stage I, Contract No. 153, with Community Development Board recommendation for approval, be received, placed on file and "Resolution approving Estimate No. 4 Report for the work and materials furnished by Cedar Falls Construc- tion Co., Contractors, for Chautauqua Park Area Paving, Sewers & In- cidentals, Stage I, Westfield -Virden Urban Renewal Project Iowa R-7, Contract No. 153, and authorizing and certifying payments accordingly," adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24315 in official resolution book. November 10, 1975 69019 - Moved by Keller, seconded by Getty that "Resolution BILLS, Schedule A", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24316 in official resolution book. 69020 - Moved by Keller, seconded by Getty that "Resolution BILLS, Schedule B", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24317 in official resolution book. 69021 - Mayor Rooff reported the Water!Works felt there would be bookkeeping and accounting advantages in operating on a calendar year rather than a fiscal year and if the calendar year was approved they would start on January 1, 1976. Moved by Lichty, seconded by Getty that communi- cation from Mayor Rooff, transmitting recommendations from Waterloo Water Works that they be allowed to operate on a calendar year rather than the fiscal year, be received, placed on file, recommendations approved and "Resolution permitting Waterloo Water Works to operate on the calendar year instead of the fiscal year", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24318 in official resolution book. 69022 - Moved by Getty, seconded by Roehr that the Building Official be in- structed to prepare plans, specifications, form of contract, form of proposal, preliminary estimate of costs, etc. for the Demolition of 127-129 East Fourth Street, 5 Story Office Building, Contract No. B-36. Motion carried. 69023 - Moved by Roehr, seconded by Getty that plans, specifications, form of contract, estimated cost, etc. for the Demolition of 127-129 East Fourth Street, Contract No. B-36, be received, placed on file and "Resolution preliminarily approving proposed plans, specifications, form of contract and estimated cost for Demolition of 127-129 East Fourth Street, 5 Story Office Building, Contract No. B-36, and direct- ing publication of notice of hearing on proposed specifications, etc. and taking of bids", adopted, with hearing set for December 8, 1975 at 7:00 P.M. in City Hall. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24319 in official resolution book. 69024 - Moved by Geiger, seconded by Berdell that the following request for permission to attend function, with expenses allowed not to exceed amount shown, be received, placed on file and approved: Fire Captain to National Fire Protection Association Fall Conference, Pittsburg, Pa., November 16 thru 20, 1975, $400.00. Ayes: Seven. Motion carried. 69025 - Moved by Wilharm, seconded by Roehr that following applications for Beer Permits and Beer and Liquor Licenses, be received, placed on file, approved, the approval endorsed on applications and same for- warded to the Iowa Beer and Liquor Control Department: Beer Cas s "B" Tony Tom yanovich dba Tony's LaPizzeria, 615 Commercial Street Beer C ass "C" Osco Drug, Inc. dba Osco Drug Store, 212 East 4th Street Allen Barg dba Al's Food Mart, 2210 Lafayette Street Beer and Liquor - Class "C" Lindbergh Whitis dba Lindbergh's Lounge, 115 Sumner Street Sonja Kuenstling dba Sonja's Office Lounge, 709 Jefferson Street Sunday Sales - Beer - Class "B" Tony Tomlyanovich dba Tony's LaPizzeria, 615 Commercial Street Sunday Sales - Beer and Liquor - Class "C" Lindbergh Whitis dba Lindbergh's Lounge, 15 Sumner Street H & F, Inc. dba Second Shift Lounge, 749 Rainbow Drive Motion carried. 69026 - Moved by Geiger, seconded by Roehr that application and fee of Richard Erickson dba Piccadilly Tap, 416 Jefferson Street, for a dance license, approved by the Building Official, Fire Chief and Police Chief, be received, placed on file and granted. Motion carried. November 10, 1975 'AIN - 7 - 69027 - Moved by Geiger, seconded by Wilharm that report of City Attorney and list of bonds filed with Clerk through 11/10/75, be received, placed on file and report and bonds as listed, approved. Motion carried. 69028 - Moved by Geiger, seconded by Roehr that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk November 10, 1975