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HomeMy WebLinkAbout04/07/1975City Hall, Waterloo, Iowa REGULAR SESSION April 7, 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 April 7, 1975. Mayor Rooff in the Chair. Present: Councilmen Berdell, Geiger, Getty, Keller and Wilharm. Absent: Councilmen Lichty and Roehr. Councilman Harold E. Getty offered the invocation. 67487 - Moved by Getty, seconded by Wilharm that the Agenda, as amended, for the Regular Session of April 7, 1975 at 7:00 P.M., be accepted and approved. Motion carried. 67488 - Moved by Wilharm, seconded by Getty that the Minutes of the Regular Session held March 24, 1975 at 7:00 P.M., be approved. Motion carried. 67489 Moved by Keller, seconded by Getty that the proof of publication of the Notice of Hearing on the Issuance of $102,000 Sewer Improvement Bonds of the City of Waterloo, Iowa (Special Assessments) to be is- sued in anticipation of the deferred payment of assessments levied for the 1973 Sanitary Sewer Program #1, Contract No. 175, be received and placed on file. Motion carried. 67490 - The Mayor announced that this was the time for public hearing on the matter of the issuance of $102,000 Sewer Improvement Bonds, and asked whether any written objections had been filed. No oral objections were offered and the Clerk advised no written objections had been filed. Moved by Getty, seconded by Berdell that the proof of publication of the Notice of Bond Sale for the sale of $102,000 Sewer Improvement Bonds (Special Assessment) for the 1973 Sanitary Sewer Program #1, Contract No. 175, in the City of Waterloo, Iowa, be received and placed on file. Motion carried. 67491 - This also being the time and place for the opening of bids for the sale of said above described bonds, the meeting was thrown open for the receipt of bids for said bonds. Moved by Wilharm, seconded by Getty that the following sealed bids be received, placed on file but NOT OPENED: 1. PeoplesTrust and Savings Bank, Indianola, Iowa 2. Carleton D. Beh Co., Des Moines, Iowa 3. Dain, Kalman & Quail, Davenport, Iowa Motion carried. 67492 Open bids were then called for, and there being none, it was moved by Keller, seconded by Wilharm that the sealed bids be opened, being as follows, and referred to the Finance Director for checking and report back to the Council: EFFECTIVE OR BIDDER PREMIUM NET INTEREST RATE 1. Peoples Trust and Savings Bank, - 0 - 6.47515 Indianola, Iowa 2. Carleton D. Beh Co., - 0 - 6.8161 Des Moines, Iowa 3. Dain, Kalman & Quail, - 0 - 6.8816205 Davenport, Iowa Motion carried. - 2 - 67493 - Edwin L. Thompson, 1028 Chalmers Street, etal, presented a petition for concrete paving of Chalmers Street from Janney Street to Hartman Avenue. Moved by Getty, seconded by Keller that the above petition of Edwin L. Thompson, 1028 Chalmers Street, etal, be received, placed on file and referred to the City Engineer with a report back to the Council. Motion carried. 67494-- Moved by Wilharm, seconded by Geiger that the communication from the City Engineer, transmitting a petition from Mrs. E. R. Buckles, 147 Kern Street, et al, for paving of Kern Street from Reed Street to Cutler Street, be received, placed on file, and referred back to the City Engineer. Motion carried. 67495 - Moved by Keller, seconded by Wilharm that the communication from the Heating Inspector, transmitting a request from Fred C. Widmann of General Sheet Metal Works, Inc. for refund of $100 deposit on heatinz and air conditioning Certificate of Competency as they do not perform this type of work in the City, and recommending approval, be received, placed on file and refund granted. On roll call, Berdell, Geiger, Getty, Keller and Wilharm voted Aye. Nay: None. Absent: Lichty and Roehr. Mayor declared the motion carried. 67496 - Moved by Getty, seconded by Berdell that the request of the Black Hawk County Board of Supervisors for cancellation of the following special assessments against two parcels sold at Public Auction on 3/18/74, and approved by City Council Action #65562 dated 4/8/74, be received, placed on file and said special assessments cancelled: Certificate #16541 in the amount of $306.02 plus any interest or penalty for Auditor Barnes Plat of Maywood W 63.5' Lot 18, 712 Creston Avenue, Certificate #16815 in the amount of $108.65 plus any interest or penalty for Auditor Barnes Plat of Maywood W 50' E 175.5' Lot 18. On roll call, Berdell, Geiger, Getty, Keller and Wilharm voted Aye. Nay: None. Absent: Lichty and Roehr. Mayor declared the motion carried. 67497 - City Attorney Smith reported that after studying Section 7-33 of the Animal Control Ordinance he concurred with the opinion rendered by the Asst. City Attorney earlier, and for dogs and cats neutered after April 1, 1972 the fee would be waived for 1975, neutered after April 1, 1973, waived for 1975 and 1976, and neutered after April 1, 1974, waived for 1975, 1976 and 1977. s; '4,P -Per -VoC A discussion followed on the intent of tie` ordinance and exemption being retroactive for three years. Moved by Getty, seconded by Wilharm that the report of the City At- torney on Section 7-33 of the Animal Control Ordinance, referred to him under Council Action #67444 of 3/24/75, be received, placed on file, report and interpretation approved, and the City Clerk in- structed to collect penalties as of May 1, 1975 in accordance there with. On roll call, Geiger, Getty and Wilharm voted Aye. Nay: Berdell and Keller. Absent: Lichty and Roehr. Mayor declared the motion carried. 67498 - Moved by Wilharm, seconded by Getty that the 1974 Annual Report of the Waterloo Fire Department, be received and placed on file. Motion carried. April 7, 1975 - 3 - 67499 - Councilman Wilharm, Chairman of the Public Safety Committee, reported favorably on the Portable Communications Equipment - Police Department Program, referred to said Committee under Council Action #67457 of 3/24/75. Moved by Getty, seconded by Geiger that the above report be received and placed on file. Motion carried. 67500 - Moved by Getty, seconded by Keller that Communications Division of Iowa General Services Administrator, Des Moines, Iowa, be instructed to prepare plans, specifications, form of contract, etc. for the Portable Communications Equipment -Police Department, in the City of Waterloo, Iowa. Motion carried. 67501 - Moved by Keller, seconded by Wilharm that the plans, specifications, etc. for the Portable Communications Equipment -Police Department from the Communications Division of Iowa General Services Administration, Des Moines, Iowa, be received and placed on file. Motion carried. 67502 - Moved by Getty, seconded by Geiger that Resolution No. 23806, prelim- inarily approving the plans, specifications, etc. for the Portable Communications Equipment -Police Department, in the City of Waterloo, Iowa, be adopted. On roll call, Berdell, Geiger, Getty, Keller and Wilharm voted Aye. Nay: None. Absent: Lichty and Roehr. Mayor declared the resolu- tion adopted. 67503 Moved by Getty, seconded by Wilharm that the City Clerk be instructed to publish the Notice of Public Hearing on plans and specifications and proposed form of contract for Portable Communications Equipment - Police Department, and the Taking of Bids for said Equipment, said date set as May 5, 1975 at 7:00 P.M. Motion carried. 67504 - Moved by Getty, seconded by Wilharm that the communication from the City Engineer, transmitting a proposed contract dated 3/27/75 with Wayne Claassen Engineering & Surveying, Inc., Waterloo, Iowa, for engineering services in connection with the Orange Township Sanitary Sewer project for an estimated amount of $4,500, and recommending ap- proval, be received, placed on file and Resolution No. 23807, approv- ing and directing the execution of said contract by the Mayor and City Clerk in behalf of the City of Waterloo, adopted. On roll call, Berdell, Geiger, Getty, Keller and Wilharm voted Aye. Nay: None. Absent: Lichty and Roehr. Mayor declared the resolution adopted. 67505 City Engineer Radue explained the need for the City to be deeded 17' of Kingswood Addition along West Fourth Street, which was classified an arterial street, and Mayor Rooff reported the developer had at one time agreed to deeding said 17' but withdrew. Rick Young felt the developer should be compensated for this 17'. Planning & Programming Director Rust stated the City had a legal right under the State laws to request the deeding, and there was a definite trend of multiple housing in this area and added traffic. A discussion followed as to need, amount of traffic, condemnation, and dedication of land at time of platting and zoning. Moved by Getty, seconded by Keller that the communication from the City Plan and Zoning Commission, transmitting Preliminary Plat of Kingswood April 7, 1975 - 4 67505 - (Continued) Addition, in the City of Waterloo, Iowa, Report of City Engineer rec- ommending said Plat not be approved until the provision for deeding 17' along West Fourth Street to the City of Waterloo is made, and Deed of Dedication, and recommending denial, be received, placed on file and action deferred until April 14, 1975. Motion carried. 67506 - Moved by Getty, seconded by Keller that the communication from the Asst. City Attorney, transmitting a Bus Lease Agreement dated 1/1/74 and a Building Lease (Garage) dated 2/1/74 with Metropolitan Transit Authority, Inc., and recommending approval, be received, placed on file and Resolution No. 23808, approving said Leases and authorizing the Mayor and City Clerk to sign same in behalf of the City of Waterloo, Iowa, adopted. On roll call, Berdell, Geiger, Getty, Keller and Wilharm voted Aye. Nay: None. Absent: Lichty and Roehr. Mayor declared the resolu- tion adopted. 67507 - Moved by Wilharm, seconded by Getty that a Power of Attorney from the City of Waterloo, Iowa, dated 4/7/75, to Lee A Boye of Chapman and Cutler, Chicago, Illinois, to Hugh M. Dougan of Winthrop, Stimson, Putnam & Roberts, New York, N.Y., and to Allen Garfinkle and Thomas A. Woodward of Kutak, Rock, Cohen, Campbell, Garfinkle & Woodward, Omaha, Nebraska, on revenue ruling regarding issuance by the City of Waterloo, Iowa of industrial development revenue bonds to finance fa- cilities of Iowa Public Service Company for the local furnishing of. gas, be received, placed on file, approved, the Mayor and City Clerk authorized and directed to execute same in behalf of the City, and a Resolution No. 23809, appointing four attorneys to negotiate with the Internal Revenue Service on said industrial development revenue bonds, be adopted. On roll call, Berdell, Geiger, Getty, Keller and Wilharm voted Aye. Nay: None. Absent: Lichty and Roehr. Mayor declared the reso- lution adopted. 67508 - Moved by Getty, seconded by Wilharm that the communication from the Supt. of Water Pollution Control Plant, transmitting Estimate No. 15 Report as submitted by Veenstra & Kimm, Engineers, West Des Moines, Iowa, as to work performed and materials furnished by E. B. Spencer Engineering Co. and Youngblut Construction Co., Inc., Contractors, for the construction of the Sewage Treatment Plant Improvements, Phase V, in the City of Waterloo, Iowa, and recommending approval, be received, placed on file and Resolution No. 23810, approving the report of said firm and authorizing payment accordingly, be adopted. On roll call, Berdell, Geiger, Getty, Keller and Wilharm voted Aye. Nay: None. Absent: Lichty and Roehr. Mayor declared the resolu- tion adopted. 67509 - Moved by Wilharm, seconded by Getty that Brice, Petrides & Associates, Inc., Engineers, Waterloo, Iowa, be instructed to prepare the plans and specifications, form of contract and bond, estimate of cost, etc., for the construction of Westfield -Avenue -McKinley Street Storm Sewer, known as Contract No. 92, in the City of Waterloo, Iowa. Motion carried. 67510 - Moved by Getty, seconded by Berdell that the communication from the City Engineer, transmitting Brice, Petrides & Associates, Inc., plans and specifications, form of contract and bond, estimate of cost, etc. for the Westfield Avenue-Mckinley Street Storm Sewer, Contract No. 92, in the City of Waterloo, Iowa, be received and placed on file. Motion carried. April 7, 1975 - 5 - 67511 Moved by Geiger, seconded by Berdell that Resolution No. 23811, a Resolution preliminarily approving the plans and specifications, form of contract and bond, estimate of cost, etc. for Westfield Avenue - McKinley Street Storm Sewer, known as Contract No. 92, in the City of Waterloo, Iowa, be adopted. On roll call, Berdell, Geiger, Getty, Keller and Wilharm voted Aye. Nay: None. Absent: Lichty and Roehr. Mayor declared the resolu- tion adopted. 67512 - Moved by Wilharm, seconded by Getty that the City Clerk be instructed to publish the Notice of Public Hearing on plans and specifications, form of contract and bond, estimate of cost, etc. for the construc- tion of Westfield Avenue -McKinley Street Storm Sewer, Contract No. 92, and the Taking of Bids for the Improvement, said date being set as May 5, 1975 at 7:00 P.M. Motion carried. 67513 - Moved by Getty, seconded by Wilharm that the communication from the Electrical Inspector recommending the following removal, replacement and installation of certain street lights at various locations, be received, placed on file, recommendations approved and Resolution No. 23812, ordering the removal, replacement and installation of said lights, adopted: Removal 4 - 175 Watt White Mercury Vapor Lamps on Wagner Road from Airline Highway to Big Rock Road. Replacement 6 - 715 Watt White Mercury Vapor Lamps from intersection of Elm Street and Sycamore Street to the intersection of Vinton Street and Sycamore Street with 400 Watt White Mercury Vapor Lamps at 31 feet from road level. Installation 1 - 175 Watt White Mercury Vapor Lamp at the deadend of Lowder Road. On roll call, Berdell, Geiger, Getty, Keller and Wilharm voted Aye. Nay: None. Absent: Lichty and Roehr. Mayor declared the resolu- tion adopted. 67514 - Moved by Wilharm, seconded by Berdell that the communication from the City Engineer, transmitting a revised final Schedule of Assessments for the 1973 Paving Program III, Contract No. 141, and reporting the final Schedule as adopted and levied for by Resolution No. 23528 of 10/7/74 shows "Tract A" listed under Southbrooke Addition and should be corrected to show "Tract A" under Brookeridge First Addition, be received, placed on file, approved, and Resolution No. 23813, correct- ing said final Schedule of Assessments by removing "Tract A" from Southbrooke Addition and placing same under Brookeridge First Addition, adopted. On roll call, Berdell, Geiger, Getty, Keller and Wilharm voted Aye. Nay: None. Absent: Lichty and Roehr. Mayor declared the resolu- tion adopted. 67515 - Moved by Getty, seconded by Geiger that the communication from the Asst. City Attorney, reporting notice had been served on Meryl and Ruth Ogg and John M. and Ione W. Hill for the removal of diseased Dutch Elm Tree from the property of 520 Elm Street or 404 Fowler Street, being 5 35' N 100', Lot 4, Block 7, S 35' N 100' W 20', Lot 3, Block 7, Lane & Fowler Addition or W 20' N 65', Lot 3, Block 7, E 20' N 65', Lot 4, Block 7, Lane & Fowler Addition, respectively, whichever the said tree is on, and requesting the Council to set a date of hearing and publish notice for the owners to show cause why the City of Waterloo should no remove the diseased Dutch Elm Tree and assess the cost thereof against the real estate, be received, placed on file and action deferred until April 14, 1975 and referred to the City Engineer for checking. Motion carried. April 7, 1975 - 6 - 67516 - Moved by Wilharm, seconded by Getty that the communication from the Asst. City Attorney, reporting notice has been served on Marian S. Braadh for the removal of diseased Dutch Elm tree from the property at 220 Sheridan Road, being Lots 206 and 205, Prospect Hills Addi- tion and requesting the Council to set a date of hearing and publish notice for the owner to show cause why the City of Waterloo should not remove the diseased Dutch Elm Tree and assess the cost thereof against the real estate, be received, placed on file and Resolution No. 23814, fixing the time and place of hearing on a proposal to re- move diseased Dutch Elm Tree and levy assessment therefor, and in- structing the City Clerk to publish the necessary notice, be adopted, and the date of hearing set as May 5, 1975 at 7:00 P.M. On roll call, Berdell, Geiger, Getty, Keller and Wilharm voted Aye. Nay: None. Absent: Lichty and Roehr. Mayor declared the resolu- tion adopted_ 67517 - Moved by Getty, seconded by Geiger that the communication from the Personnel Director, reporting Ronald Power has retired from the in- spection Office as of March 31, 1975, and is entitled to sixty (60) days sick leave pay and two (2) days duty pay in the total amount of $2,554.40, and recommending payment, be received, placed on file, approved and Resolution No. 23815, authorizing payment accordingly, be adopted. On roll call, Berdell, Geiger, Getty, Keller and Wilharm voted Aye. Nay: None. Absent: Lichty and Roehr. Mayor declared the resolu- tion adopted. 67518 Moved by Keller, seconded by Getty that the following request for permission to attend the functions on the dates and at the locations designated, with expenses allowed not to exceed the amount shown, be received, placed on file, approved and permission granted: From Attend Location Date's Expense Milk Sanitarian Pasteurizing Systems School Wichita, May 5 thru $125.00 Kansas 9, 1975, inclusive Housing & Reha- Iowa Chapter of Na- Waterloo April 9, 10 $ 19.00 bilitation Ad- tional Association Iowa and 11,1975 ministrator of Housing and Rede- velopment Officials On roll call, Berdell, Geiger, Getty, Keller and Wilharm voted Aye. Nay: None. Absent: Lichty and Roehr. Mayor declared the motion carried. 67519 - Moved by Getty, seconded by Berdell that the following application with required fee for 1975-1976 Scavenger License for City of Water- loo, tQTa. to expire May 1, 1976, approved by the Sanitation De- partmei7" die received, placed on file, approved and license granted: Virgil Willard dba Crown Sewer Service R.R. #3 Motion carried. 67520 - Moved by Getty, seconded by Geiger 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. 23816, approving the applications, be adopted: BEER PERMIT APPLICATIONS Class "B" Robert Van Fleet dba Byrnes Park Pro Shop, 1000 Fletcher Robert Van Fleet dba Gates Park Pro Shop, 820 E. Donald Robert Van Fleet dba So. Hills Pro Shop, 1830 E. Shaulis April 7, 1975 7 67520 - (Continued) BEER PERMIT APPLICATIONS Class "C" Cluters Highland Market, Inc. dba Clute's Highland Market, Inc., 909 Independence Ave. Clute's Super Market, Inc. dba Clute's Super Market, Inc., 1657 Falls Avenue BEER AND LIQUOR LICENSE APPLICATIONS Class "A" The Sunnyside Country Club, 1600 Olympic Drive Class John J. Fitzgerald dba Shamrock Tap, 737 Logan Ave. Marlene Margaret Lenius dba Maggie's Place, 615 Lafayette Nino's of Iowa, Inc. dba Nino's Steak Round -Up, 3551 University Ave. SUNDAY SALES Class "B" Beer Robert Van Fleet, Inc. dba Byrnes Park Pro Shopr, 1000 Fletcher Robert Van Fleet, Inc. dba Gates Park Pro Shop, 820 E. Donald Robert Van Fleet, Inc. dba South Hills Pro Shop, 1830 E. Shaulis Class "C" - Beer and Liquor The Sunnyside Country Club, 1600 Olympic Drive Nino's of Iowa, Inc. dba Nino's Steak Round -Up, 3551 University Ave. On roll call, Berdell, Geiger, Getty, Keller and Wilharm voted Aye. Nay: None. Absent: Licty and Roehr. Mayor declared the resolu- tion adopted. 67521 - Moved by Geiger, seconded by Getty that the following applications for permission to sell cigarettes at the locations as designated in the City of Waterloo, Iowa, be received, placed on file and permits granted: Ronald L. Sells dba Ron's DX, 420 West Fifth Street SkyVue Drive -In Theatre, 3066 Independence Avenue Byrnes Park Gulf Course, Byrnes Park -Fletcher Avenue Gates Park Golf Course, 820 East Donald Street South Hills Golf Course, Orange Township Motion carried. 67522 - Moved by Getty, seconded by Berdell that the following application, together with doctor's certificate, for taxicab driver's license, be received, placed on file and the license granted subject to approval of the Chief of Police: William G. McLaughlin II (Bill), 3121 University Drive, Cedar Falls, Iowa Motion carried. 67523 - Mayor Rooff reported approval of the landfill operation would be good only until July 1, 1975 after which the criteria of the State law would have to be met. Moved by Getty, seconded by Wilharm that the Refuse Disposal Bond and Junk Dealer Bond in the amount of $1,000 each from John L. Smith dba Midwest Paper Stock Company for operation of a private landfill (dump) and junkyard at 2724 Lafayette Street, in accordance with the bonds, be received, placed on file, approved and permission granted to oper- ate said private landfill and junkyard subject to all requirements being met. Motion carried. 67524 - Moved by Geiger, seconded by Wilharm that the report of the City At- torney, advising that the bonds filed with the City Clerk up to the close of business on April 7, 1975, 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. April 7, 1975 8 67524 - (Continued) Motion carried. 67525 The Finance Director, having checked the bids submitted for the $102,000 Sewer Improvement Bonds being offered for sale in connec- tion with the 1973 Sanitary Sewer Program #1, Contract No. 175, re- ferred to him by Council Action # 67492, reported after checking the bids, the bid of Peoples Trust and Savings Bank of Indianola, Iowa, being an effective interest rate of 6.475157 was the best bid re- ceived. After due consideration of the bids received, it was moved by Keller, seconded by Wilharm that Resolution No. 23817, directing sale of $102,000 Sewer Improvement Bonds of Waterloo, Iowa, to Peoples Trust and Savings Bank of Indianola, Iowa for the 1973 Sanitary Sewer Pro- gram #1, Contract No. 175 (Cedar Terrace) in the City of Waterloo, Iowa, be adopted. On roll call, Berdell, Geiger, Getty, Keller and Wilharm voted Aye. Nay: None. Absent: Lichty and Roehr. Mayor declared the resolution adopted. 67526 - Moved by Geiger, seconded by Wilharm that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk April 7, 1975