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HomeMy WebLinkAboutMinutes-07/21/1975July 21, 1975 The Council of City of Waterloo, Iowa, met in Regular Session in the Council Chambers in City Hall at 7:00 P.M. on July 21, 1975. Mayor Rooff in the Chair. On roll call, Present: Berdell, Lichty, Roehr and Wilharm. Absent: Geiger, Getty and Keller. Invocation offered by Councilman Wilharm. 68279 - Moved by Roehr, seconded by Lichty that Agenda, as proposed, for Regular Session of July 21, 1975 at 7:00 P.M., be accepted and ap- proved. Motion carried. 68280 - Moved by Wilharm, seconded by Roehr that Minutes of Regular Session held July 14, 1975 at 7:00 P.M. and Special Session held July 17, 1975, be approved. Motion carried. 68281 - Moved by Roehr, seconded by Berdell that proof of publication of Notice of Public Hearing on plans and specifications, etc. for Down- town Fourth Street Improvements, Pavings, Sidewalks, Sewers, Light- ing, Landscaping and Incidentals and taking of bids, Contract No. 152, be received and placed on file. Motion carried. 68282 - This being the time and place for a public hearing on matter of adoption of plans, specifications, etc. for the Downtown Fourth Street Improvements, Contract No. 152, the Mayor called for any oral objections to the making of said improvements, or to the adop- tion of the plans, specifications and form of contract. No oral objections were offered and no written objections had been filed. Moved by Wilharm, seconded by Lichty that Resolution No. 24073, adopting plans and specifications, etc. for construction of Down- town Fourth Street Improvements, P'avings, Sidewalks, Sewers, Light- ing, Landscaping and Incidentals, Contract No. 152, be adopted. Ayes: Berdell, Lichty, Roehr and Wilharm. Nay: None. Absent: Geiger, Getty and Keller. Resolution adopted. 68283 - Mayor announced that a further purpose of meeting was to receive, open, consider and tabulate bids for the construction of the Down- town Fourth Street Improvements, Contract No. 152, in accordance with the plans and specifications now adopted. Moved by Wilharm, seconded by Roehr that following bids be received, placed on file, Clerk instructed to open, inspect and tabulate same, and bids referred to Engineers for checking and to report back to Council: Bid Bond or Name and Address of Bidder Amount of Bid Amount of Ck. 1. Mepco, Inc. , Waterloo, Iowa $634,601.93 10% 2. Cedar Falls Construction Co., Inc.,$621,355.00 107 Cedar Falls, Iowa Motion carried. 68284 - Moved by Roehr, seconded by Wilharm that proof of publication of Notice of Public Hearing on proposal to vacate a dead end and un- opened alley lying NWly of West 17th Street between Jefferson Street and Bluff Street, published in Courier on June 26 and July 3, 1975, be received and placed on file. Motion carried. 68285 Mayor announced time had arrived to hear objections, if any, and called for oral and written objections. No oral objections were made and no written objections filed. Moved by Wilharm, seconded by Roehr that "An Ordinance vacating a dead end and unopened alley lying NWly of West 17th Street between Jefferson Street and Bluff Street, in the City of Waterloo, Iowa," be received, placed on file and approved for passage for the first time. Ayes: Berdell, Lichty, Roehr and Wilharm. Nay: None. Absent: Geiger, Getty and Keller. Motion carried. 68286 - Moved by Roehr, seconded by Wilharm that proof of publication of Notice of Proposal to Dispose of Real Estate known as Parts of Lots 25 and 26 in Mill Square, in the City of Waterloo, Iowa, as described in said notice published in the Courier on June 26 and July 3, 1975, to Robert Simon, M. H. Blindman and H. F. Blindman, be received and placed on file. Motion carried. - 2 - 68287 - Mayor announced time had arrived to hear objections, if any and called for oral and written objections. There were no oral objec- tions and no written objections had been filed. Moved by Wilharm, seconded by Roehr that Resolution No. 24074, ap- proving and authorizing the conveyance of Parts of Lots 25 and 26 in Mill Square, as described in notice published in the Courier on June 26 and July 3, 1975, to Robert Simon, M. H. Blindman and H. F. Blindman, with. City to be reimbursed for $730.00 real estate taxes, and authorizing the Mayor and Clerk to execute and deliver a Quit Claim Deed for said property, be adopted. Ayes: Berdell, Lichty, Roehr and Wilharm. Nay: None. Absent: Geiger, Getty and Keller. Resolution adopted. 68288 - Moved by Roehr, seconded by Wilharm that proof of publication of Notice of Public Hearing on proposal to sell Disposal Parcel No. J-24, Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, 145 Lincoln Street, published in Courier on June 19, 1975, to Roger J. Curran and Shirley A. Curran, be received and placed on file. Motion carried. 68289 - Mayor announced time had arrived to hear objections, and called for oral and written objections. There were no oral objections and no written objections had been placed on file. Moved by Wilharm, seconded by Roehr that Resolution No. 24075, a Resolution approving the sale of Disposal Parcel No. J-24 in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, and authorizing the execution of the necessary contract for sale of land for private redevelopment and deed, be adopted. Ayes: Berdell, Lichty, Roehr and Wilharm. Nay: None. Absent: Geiger, Getty and Keller. Resolution adopted. 68290 - Moved by Wilharm,seconded by Roehr that proof of publication of Notice of Public Hearing on proposal to sell Disposal Parcels No. D -4(p) and D-4a(p), Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, 305, 303 Rainbow Drive, 131 Congress and Lot South, 104, 106, 110 and 175 Courier, published in Courier on June 19, 1975, to National. Dairy Cattle Congress, be received and placed on file. Motion carried. 68291 - Mayor announced time had arrived to hear objections, and called for oral and written objections. No one appeared to object orally and there were no written objections placed on file. Moved by Roehr, seconded by Wilharm that Resolution No. 24076, a resolution approving the sale of Disposal Parcel No. D -4(p) and D-4a(p) in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, and authorizing the execution of necessary contract for sale of land for private redevelopment and deed, be adopted. Ayes: Berdell, Lichty, Roehr and Wilharm. Nay: None. Absent: Geiger, Getty and Keller. Resolution adopted. 68292 - Moved by Roehr, seconded by Wilharm that proof of publication of Notice of Public Hearing on proposal to sell Disposal Parcels No. 1-3 and I -3a, Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, 219 Logan Avenue and 109 Argyle Street, published in Courier on June 19, 1975, to The Salvation Army, be received and placed on file. Motion carried. 68293 - Mayor announced time had arrived to hear objections and called for oral and written objections. No one appeared to object orally and no written objections had been placed on file. Moved by Roehr, seconded by Wilharm that Resolution No. 24077, a resolution approving sale of Disposal Parcel No. 1-3 and I -3a in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, and authorizing execution of necessary contract for sale of land for private redevelopment and deed, be adopted. Ayes: Berdell, Lichty, Roehr and Wilharm. Nay: None. Absent: Geiger, Getty and Keller. Resolution adopted. July 21, 1975 68294 - The Public Safety Committee, having checked bids submitted for 1975 Portable Communications Equipment -Police Department, reported bids of Audio Intelligence Devices, Inc., Fort Lauderdale, Florida for Category B. $1,312.00, Category D $1,624.00 and Category C $2,619.00 and of General Electric Co. 90 Racom, Marshalltown, Iowa, for Cate- gory A $5,500.00, $1,260.00, $550.00 and $750.00, were the lowest legal bids received. Moved by Wilharm, seconded by Roehr that Resolution No. 24078, ac- cepting the bid of Audio Intelligence Devices, Inc., Fort Lauderdale, Florida, for Category B $1,312.00, Category D $1,624.00 and Cate- gory C $2,619.00, and of General Electric Co. % Racom, Marshalltown, Iowa for Category A $5,500.00, $1,260.00, $550.00 and $750.00, for the purchase of Portable Communications Equipment -Police Depart- ment, be adopted. Ayes: Berdell, Lichty, Roehr and Wilharm. Nay: None. Absent: Geiger, Getty and Keller. Resolution adopted. 68295 - Mrs. Perry Miller, 4742 Hammond Avenue, thanked the Council for oiling, patroling and reducing the speed limit on Hammond Avenue, reported numerous uncovered vehicles were spilling litter, request- ed an embargo be placed on through truck and pick up traffic on Hammond Avenue from Highway #412 to the City limits and presented petition. Mayor Rooff stated he ordered a severe crackdown and would follow up on this; also, it seemed reasonable that the trucks should go down Highway #21. Setting up a route was discussed. Moved by Wilharm, seconded by Lichty that above petition of Perry K. Miller, et al, be received, placed on file and referred to Quintin Parker of the Traffic and Sign Department with report back on feasibility of placing said embargo. Motion carried. 68296 - Councilman Roehr presented a petition from Harry Petersen, Jr. for sanitary sewer extension from Wren Road to include Lark Lane. Moved by Roehr, seconded by Wilharm that above petition be received, placed on file and referred to City Engineer. Motion carried. 68297 Moved by Wilharm, seconded by Roehr that Iowa State Highway Com- mission Form #562 "Application for use of Highway Right of Way for Utilities Accomodation" for Northwestern Bell Telephone Company for permission to push pipe under Highway 412 and trenching on north right-of-way line of 412 to Highway 63 right-of-way line, and City Engineer's recommendation for approval with stipulation that cable have a minimum of 36" cover where it crosses the two ditches along the vacated road, and that the elevation of the cable be uni- form through the roadway from ditch to ditch, be received, placed on file, recommendations approved and Mayor authorized to sign said application. Motion carried. 68298 Moved by Wilharm, seconded by Roehr that request of Metropolitan Patient Transfer, Cedar Falls, Iowa, for an increase of base rate to $35.00 for in town ambulance patient transportation, be receiv- ed, placed on file, and granted. Ayes: Lichty, Roehr and Wilharm. Nay: None. Abstained: Berdell. Absent: Geiger, Getty and Keller. Motion carried. 68299 Bruce Bottorff, 1440 Jersey Lane, stated that more consideration should be given to request for sanitary sewer for Guernsey Orange View and Guernsey Second Orange View as several petitions had been turned in previously. Mrs. Perry Miller supported him, stating drainage problem was so bad that no crops would grow on their ad- joining farm. Moved by Wilharm, seconded by Roehr that report of City Engineer on petition from Mr. and Mrs. Ward Speicker, 1314 Jersey Lane, et al, for sanitary sewer in Guernsey Orange View and Guernsey Second Orange View, referred to him under C.A.#68168 of 7/7/75, represent- ed 90% of assessable properties and was not in the 5 -Year Capital Improvements Program, be received, placed on file and referred to City Engineer with report back at time of reviewing the 5 -Year Capital Improvements Program. Motion carried. 68300 - Under Council Action #68228 of 7/14/75 action was deferred on re- quest from Claude Gardner Construction Co. for "Taco Johns" for permission to construct 28' Type B entrance to U.S. 20 at Sta. 202+22.5, easterly side, approximately 68.5' N of Broadway and Center Street intersection, and was now presented for consideration. - 4 - 68300 (Continued) Mayor Rooff reported there had been 48 accidents and 7 personal injuries and he in good faith could not recommend any entrance or exit at this location. A discussion followed, City Engineer Radue presented number of alternate plans for an entrance from Center Street. Moved by Roehr, seconded by Wilharm that permission to construct 28' Type B entrance to U.S. 20 at Sta.202+22.5, easterly side, approximately 68.5' N of Broadway and Center Street intersection, be denied. Motion carried. 68301 Moved by Wilharm, seconded by Lichty that permission to construct the 28' Type B entrance from Center Street, be approved. Motion carried. 68302 Moved by Roehr, seconded by Wilharm that Construction Permit No. 76-14-S for Sanitary Sewer Extension, Kingswood Addition (Phase I), from Iowa Department of Environmental Quality, subject to certain conditions and requirements, be received and placed on file. Motion carried. 68303 Moved by Wilharm, seconded by Roehr that Agreement for Primary Road Extension Maintenance and Operation for period July 1, 1975 to June 30, 1976, from Iowa State Highway Commission, be received, placed on file, approved and Mayor authorized and directed to execute same in behalf of the City of Waterloo. Motion carried. 68304 - Moved by Roehr, seconded by Wilharm that Agreement, dated 6/30/75, with Waterloo Railroad Company for permission to construct and maintain a 40"x65" storm water pipe line on Westfield Avenue at McKinley Street, Flood Control Project, and Property Administra- tor's request for approval, be received, placed on file, approved and Resolution No. 24079, authorizing Mayor and Clerk to execute said Agreement, adopted. Ayes: Berdell, Lichty, Roehr and Wilharm. Nay: None. Absent: Geiger, Getty and Keller. Resolution adopted. 68305 Moved by Wilharm, seconded by Roehr that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -section No. 72 to Section 2A-5, rezoning certain property," be received, placed on file and approved for passage for the second time, subject to 17' of right-of-way being obtained on LaPorte Road. Ayes: Berdell, Lichty, Roehr and Wilharm. Nay: None. Absent: Geiger, Getty and Keller. Motion carried. 68306 - Mayor Rooff reported the Police Chief had asked for one month to clean up swimming areas and Park Director requested ordinance not be abolished but enforcement tightened and curfew observed. Moved by Roehr, seconded by Lichty that action on "An Ordinance repealing Section 28-2 of Code of Ordinances, City of Waterloo, entitled "Swimming, Wading or Bathing in Watercourses transvers- ing public property; Certain activities excepted", (see C.A. #68242 of 7/14/75) be deferred indefinitely. Ayes: Berdell, Lichty, Roehr and Wilharm. Nay: None. Absent: Geiger, Getty and Keller. Motion carried. 68307 - The Engineers having checked extensions and totals of bids for construction of Downtown Fourth Street Improvements, Contract No. 152, reported the bid of Cedar Falls Construction Co., Inc. of Cedar Falls, Iowa in the sum of $621,355.00 was the lowest bid received. Moved by Wilharm, seconded by Lichty that Resolution No. 24080, making award of contract for construction of Downtown Fourth Street Improvements, Contract No. 152, or accepting low bid of Cedar Falls Construction Co., Inc. of Waterloo, Iowa in the sum of $621,355.00, be adopted, with provision that Fedon Petrides of Brice, Petrides & Associates, Inc. select Alternates. Ayes: Berdell, Lichty, Roehr and Wilharm. Nay: None. Absent: Geiger, Getty and Keller. Resolution adopted. July 21, 1975 - 5- 68308 - 6830'8 —Moved by Wilharm, seconded by Roehr that"An Ordinance amending Ordinance No. 2644, known as the Traffic Ordinance, by repealing Section 501 entitled "Projecting Loads on Passenger Vehicles", Section 502 entitled "Loading Beyond Front", and Section 502 en- titled "Spilling Loads on Streets or Alleys", and enacting in lieu thereof new Section 501 entitled "Projecting Loads on Passenger Vehicles" and new Section 502 entitled"Spilling Loads on Streets or Alleys", be received, placed on file and approved for passage for the first time. Ayes: Berdell, Lichty, Roehr and Wilharm. Nay: None. Absent: Geiger, Getty and Keller. Motion carried. 68309 - Moved by Roehr, seconded by Wilharm that "An Ordinance prohibiting use of vehicles on flood control levees", be received, placed on file and approved for passage for the first time. Ayes: Berdell, Lichty, Roehr and Wilharm. Nay: None. Absent: Geiger, Getty and Keller. Motion carried. 68310 - Moved by Roehr, seconded by Berdell that "An Ordinance repealing Chapter 15 of Municipal Code of Waterloo, Iowa, in its entirety and enacting a new Chapter establishing regulations and restrictions of food and food handlers," be received, placed on file and ap- proved for passage for the first time. Ayes: Berdell, Lichty, Roehr and Wilharm. Nay: None. Absent: Geiger, Getty and Keller. Motion carried. 68311 - Ordinance No. 2750, adopted 7/7/75, did not comply with three-fourths vote requirement to suspend rules. Moved by Wilharm, seconded by Berdell that "An Ordinance re- establishing the Riverfront Improvement Commission as an Admini- strative Agency under Code of Ordinances, City of Waterloo", be received, placed on file and approved for passage for the first time. Ayes: Berdell, Lichty, Roehr and Wilharm. Nay: None. Absent: Geiger, Getty and Keller. Motion carried. 68312 - Moved by Wilharm, seconded by Roehr that statement dated 7/14/75 from Brice, Petrides & Associates, Inc. for resident inspection for May, 1975, for Westfield Avenue -McKinley Street Storm Sewer, Contract No. 92, be received, placed on file and Resolution No. 24081, approving statement of said firm and authorizing payment accordingly, adopted. Ayes: Berdell, Lichty, Roehr and Wilharm. Nay: None. Absent: Geiger, Getty and Keller. Resolution adopted. 68313 - Moved by Roehr, seconded by Wilharm that statement dated 7/14/75 from Brice, Petrides & Associates, Inc., for construction staking, resident inspection and testing services for April and May, 1975, for Demolition and Reconstruction of Fourth Street Bridge, Bridge Contract No. 9, be received, placed on file and Resolution No. 24082, approving statement of said firm and authorizing payment accordingly, adopted. Ayes: Berdell, Lichty, Roehr and Wilharm. Nay: None. Absent: Geiger, Getty and Keller. Resolution adopted. 68314 - Moved by Roehr, seconded by Wilharm that statement dated 7/14/75 from Brice, Petrides & Associates, Inc., Engineers, for construc- tion staking, resident inspection and testing services for April and May, 1975, for Construction of Fourth Street Approaches, Paving, Sewers and Incidentals, Contract No. 148, be received, placed on file and Resolution No. 24083, approving statement of said firm and authorizing payment accordingly, adopted. Ayes: Berdell, Lichty, Roehr and Wilharm. Nay: None. Absent: Geiger, Getty and Keller. Resolution adopted. 68315 - Moved by Roehr, seconded by Wilharm that statement dated 7/14/75 from Brice, Petrides & Associates, Inc., Engineers, for engineering services in connection with surveys for Parcel 16+50, Stage III -A and easterly right-of-way line for Borrow Area B, Stage III -A, be received, placed on file and Resolution No. 24084, approving the statement of said firm and authorizing payment accordingly, adopted. Ayes: Berdell, Lichty, Roehr and Wilharm. Nay: None. Absent: Geiger, Getty and Keller. Resolution adopted. 68316 - Moved by Wilharm, seconded by Roehr that request of Fire Chief for Council approval of appointment of Michael Schmitz to the Fire Deparment, be received, placed on file and approved. Motion carried. July 21, 1975 - 6- 6831/ - - 68317.- Moved by Roehr, seconded by Wilharm that Brice, Petrides & Associ- ates, Inc., Engineers, be instructed to prepare plans, specifica- tions, form of contract, form of proposal, preliminary estimate of cost, etc. for Fourth Street Bridge Lighting Program, Contract No. 28, in the City of Waterloo, Iowa. Motion carried. 68318 - Moved by Wilharm, seconded by Roehr that plans and specifications, form of contract, etc. for Fourth Street Bridge Lighting Program, Contract No. 28, be received, placed on file and Resolution No. 24085, provisionally approving proposed plans, specifications, form of contract and estimated cost for said Fourth Street Bridge Lighting Program, Contract No. 28, and directing publication of Notice of Hearing on proposed plans, specifications, etc. and taking of bids, adopted, with hearing set for August 11, 1975 at 7:00 P.M. in City Hall. Ayes: Berdell., Lichty, Roehr and Wilharm. Nay: None. Absent: Geiger, Getty and Keller. Resolution Adopted. 68319 - Moved by Roehr, seconded by Wilharm that application, bond and fee of Signs by Design of Iowa, Inc., New Hampton, Iowa, for Sign Erector and Maintenance License, under Sign Ordinance #2447, as amended, be received, placed on file and granted. Motion carried. 68320 - Moved by Wilharm, seconded by Roehr that application and fee of Merlin Uhlenhake dba Dairy Clipper, 700 LaPorte Road, for license and permission to operate one mobilized ice cream truck on streets of City of Waterloo, Iowa, for period of three months commencing July 22, 1975 and ending October 22, 1975, be received, placed on file and license granted subject to certain restrictions. Motion carried. 68321 - Moved by Roehr, seconded by Lichty that application and fee of Rita K. Pothast, 140 Linwood Drive, for Massage Technician Permit, be received, placed on file and action deferred for one week as same was filed after deadline time for accepting business to be placed on the upcoming agenda. Motion carried. 68322 - Moved by Wilharm, seconded by Roehr that following applications for Beer Permits and Beer and Liquor License, be received, placed on file, approved, approval endorsed on applications and same forwarded to Iowa Beer and Liquor Control Department: Beer - Class C Vern C. Early dba Vern's Fruit Market, 1011 Franklin Street Beer & Liquor License - Class B Fuldy Enterprises, Inc. dba Quality Inn Waterloo, West 5th and Jefferson Streets Motion carried. 68323 - Moved by Roehr, seconded by Lichty that 22 renewal applications for permission to sell cigarettes at various locations, be re- ceived, placed on file and granted. Motion carried. 68324 - Moved by Roehr, seconded by Berdell that the application of Daniel Anton Holtkamp, 614 West 7th Street, for taxicab driver permit, be received, placed on file and granted. Motion carried. 68325 - Moved by Lichty, seconded by Berdell that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk July 21, 1975