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HomeMy WebLinkAbout08/28/78August 28, 1978 The Council of City of Waterloo, Iowa, met in Regular Session in Council Cham- bers in the City Hall at 7:00 P.M., on August 28, 1978. Mayor Rooff in the Chair. On roll call: Present: Bowers, Burton, Dowie, Getty, Hutchison, Roehr, Wilharm. Absent: None. Invocation by Councilman Wilharm. 74879 - Moved by Dowie, seconded by Wilharm that the Agenda, as amended, for the Regular Session of August 28, 1978 at 7:00 P.M., be accepted and approved. Motion carried. 74880 - Moved by Wilharm, seconded by Bowers that the Minutes of the Regular Session held August 21, 1978 at 7:00 P.M., be approved. Motion car- ried. 74881 - Moved by Bowers, seconded by Wilharm that proof of publication of no- tice of hearing on proposed plans, specifications, form of contract, estimate of cost, etc. for FY 1978 Idaho Sidewalk Program, Contract No. 45, and taking of bids for said improvement, be received and placed on file. Motion carried. 74882 - This being the time for hearing, the Mayor called for oral and written objections and there were none. Moved by Roehr, seconded by Hutchison that "Resolution confirming approval of specifications, plans, form of contract, estimated cost, etc. for FY 1978 Idaho Sidewalk Program, Contract No. 45", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assign- ed No. 25923. 74883 - Moved by Dowie, seconded by Getty that "Resolution ordering the con- struction of FY 1978 Idaho Sidewalk Program, Contract No. 45", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25924. 74884 - Moved by Wilharm, seconded by Hutchison that four bids, be received, placed on file, Clerk instructed to open same, but not read, and re- ferred to Engineers for checking and report back. Motion carried. 74885 - Moved by Roehr, seconded by Dowie that proof of publication of notice of public hearing on proposal to sell and convey to Country Manor, Inc. a portion of vacated Elvon Street in Prairie Meadow West, as published in Waterloo Courier on 8/11/78, in exchange for 17' of property along Ansborough right-of-way plus costs, be received and placed on file. Motion carried. 74886 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Burton, seconded by Getty that "Resolution authorizing the sale and conveyance of a portion of vacated Elvon Street in Prairie Meadow West to Country Manor, Inc. in exchange for 17' of property along Ansborough Avenue right-of-way plus costs, and authorizing the Mayor and Clerk to execute and deliver a deed for same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25925. 74887 - Moved by Roehr, seconded by Burton that proof of publication of notice of public hearing to sell Disposal Parcel No. C-10 in Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, as published in Waterloo Courier on July 21, 1978, to Milo C. French and Olive A. French, be received and placed on file. Motion carried. 74888 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Hutchison, seconded by Roehr that "A resolution approving the sale of Disposal Parcel No. C-10 in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, and authorizing the execution of the neces- sary contract for sale of land for priVate redevelopment and deed", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25926. - 2 - 74889 - Moved by Dowie, seconded by Hutchison that proof of publication of notice of public hearing to sell Parcels No. 1 and No. 2 in part of Section 25 -89N -13W, referred to as fractional block opposite Block 2 of OPE, along Cedar River Bank Sally of Water Street, as published on July 21, 1978 in Waterloo Courier, to Riverside Properties, be receiv- ed and placed on file. Motion carried. 74890 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Bowers, seconded by Burton that "A resolution approving the sale of Disposal Parcel Nos. 1 and 2, and authorizing the execution of the necessary contract for sale of land for private redevelopment and deed", be adopted. Ayes: Seven. Resolution adopted and upon ap- proval by Mayor, assigned No. 25927. 74891 - Mayor Rooff reported the declaration of a building moratorium in the Westbourne Terrace area due to acute water drainage problems. He asked approval to shift $265,000 bonded money assigned to street improvements for Shaulis Road from Highway 21 to 218 to be added to $35,000 author- ized last week with funding of Shaulis Road project to be included in next year's bond issuance. Councilman Bowers supported action be delayed and Councilman Dowie asked for a commitment to the people if funds were shifted. Moved by Wilharm, seconded by Roehr that above request of Mayor Rooff be received, placed on file, and $265,000 bond money sold in July al- located to Shaulis Road project shifted to Westbourne Terrace drainage improvements, with said amount for Westbourne Terrace project to be included in next year's bond issuance. Ayes: Seven. Motion carried. 74892 - An inquiry was made as to progress on Independence Avenue drainage problem and Mayor Rooff reported easements were being obtained. A discussion followed on digging ditches, installing culverts, one ob- jector to ditches, etc. 74893 - Larry Lehman asked when improvement would be made so he could get in and out of his property. Acting City Engineer Radue stated he would try to include it in this year's program. 74894 - Councilman Getty presented a petition from Harry K. Owen et al for paving of Lincoln Street from Parker Street to Dawson Street, of Kern Street from Cutler Street to Columbia Street and of Reed Street from Parker Street West to Dawson Street. Moved by Getty, seconded by Wilharm that above petition be received, placed on file and referred to the Engineering Department. Motion carried. 74895 - Acting City Engineer Radue reported Paul Grigg Concrete Construction, Inc. did not submit an executed non -collusion affidavit form with its bid. Moved by Roehr, seconded by Getty that the bid of Paul Grigg Concrete Construction, Inc. for FY 1978 Idaho Sidewalk Program, Contract No. 45, be rejected and Clerk instructed to return same. Motion carried. 74896 - Acting City Engineer reported the following bids on FY 1978 Idaho Sidewalk Program, Contract No. 45, were in order and could be read. Moved by Wilharm, seconded by Bowers that the Clerk be instructed to read the following bids: Bidder Dale J. Clark Contracting Co., Waterloo, Ia. Denman Phillips Construction Co., Inc., Waterloo, Ia. Cedar Valley Corporation, Waterloo, Ia. Motion carried. August 28, 1978 Amount of Amount of Bid Bid Bond $35,852.20 5% $29,212.68 5% $35,054.00 5% ''1 - 3 - 0 74897 - The Acting City Engineer recommended acceptance of low bid of Denman Phillips Construction Co., Inc. in the amount of $29,212.68 for Con- tract No. 45. Moved by Wilharm, seconded by Burton that the above recommendation be received, placed on file and "Resolution accepting the bid of Denman Phillips Construction Co., Inc for FY 1978 Idaho Sidewalk Program, Contract No. 45", adopted. Ayes: Bowers, Burton, Dowie, Hutchison, Roehr, Wilharm. Nay: Getty. Resolution adopted and upon approval by Mayor, assigned No. 25928. 74898 - Moved by Dowie, seconded by Roehr that request from McGee and Ott Investments, Inc., 2515 Falls Avenue, for Council on its own motion to Conditional Zone in "R-2" One and Two Family Residence District for conversion of existing church into professional office building, Lots 39, 40 and 41, Kearn's Addition, known as 2709 University Ave- nue, located SW of University Avenue and NWly of Sylvia Avenue, as shown on attached plat, and City Zoning Commission's recommendation for approval, be received, placed on file, recommendations approved, date of hearing set as September 18, 1978 at 7:00 P.M. and Clerk in- structed to publish notice. Motion carried. 74899 - Moved by Roehr, seconded by Bowers that request from Thorson-Brom- Broshar-Snyder, Architects, for Boys -Girls Club of Waterloo, 515 Lime Street, for permission to relocate existing 30' commercial curb cut on Iowa Street to the north, as shown on attached plat, and Acting 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. Motion carried. 74900 - Moved by Getty, seconded by Dowie that request of Dale M. Hilsenbeck for Council on its own motion to rezone from "A-1" Agricultural District to "R-1" One and Two Family Residence District approximately three acres in part of Section 8 -88N -13W, east of Hoff Road and 1/3 mile north of West Shaulis Road, as shown on attached plat, and City Zoning Commission's recommendation for approval, be received, placed on file, date of hearing set as September 18, 1978 at 7:00 P.M. and Clerk instructed to publish notice. Motion carried. 74901 - Moved by Getty, seconded by Hutchison that request of Nathan E. Nor - they for permission to construct temporary concrete driveway at 21 Niagara Drive without regard to sidewalk grade, together with $3.00 for recording waiver, and Acting City Engineer's recommendation for approval subject to provisions of his letter, be received, placed on file, approved and "Resolution granting permission to Nathan E. Nor - they and authorizing construction of a temporary concrete driveway at 21 Niagara Drive, irrespective of a later official grade", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assign- ed No. 25929. 74902 - Moved by Getty, seconded by Hutchison that request of Ward N. Rouse for permission to construct temporary asphalt driveway at 1039 Vir- ginia Street without regard to sidewalk grade, together with $3.00 for recording waiver, and Acting City Engineer's recommendation for approval subject to provisions of his letter, be received, placed on file, approved and "Resolution granting permission to Ward N. Rouse and authorizing construction of a temporary asphalt driveway at 1039 Virginia Street, irrespective of a later official grade", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assign- ed No. 25930. 74903 - Moved by Getty, seconded by Hutchison that request of Claude R. By- ford for permission to construct temporary asphalt driveway at 1045 Virginia Street without regard to sidewalk grade, together with $3.00 for recording waiver, and Acting City Engineer's recommendation for approval subject to provisions of his letter, be received, placed on file, approved and Resolution granting permission to Claude R. By- ford and authorizing construction of a temporary asphalt driveway at 1045 Virginia Street, irrespective of a later official grade", adopt- ed. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25931. August 28, 1978 60 - 4 - 74904 - Mayor Rooff recommended that the 50G parking fine not be raised to $2.00 but to $1.00 and the monthly parking ramp fee not to $20.00 but to $15.00. Moved by Roehr, seconded by Dowie that communication from Mayor Rooff, transmitting recommendations of the Mayor's Budget Review Committee and the 1978 Downtown Parking Study for monthly parking fees and park- ing fines, together with the above recommendations, be received, placed on file, and action deferred to September 11, 1978. Motion carried. 74905 - Moved by Roehr, seconded by Hutchison that communication from Acting City Engineer, advising improvements required as a condition precedent to final approval of Bond Addition have been completed in substantial conformance with construction plans, standards and requirements of Engineering Office, submitting four-year street improvement and two- year sewer improvement maintenance bonds, and recommending acceptance, be received, placed on file, approved and accepted, with effective dates on bonds being that of final Council approval. Motion carried. 74906 - Moved by Dowie, seconded by Burton that communication from Acting City Engineer, advising improvements required as a condition precedent to final approval of Parkview Gardens Lot 23 have been completed in sub- - stantial conformance with construction plans, standards and require- ments of Engineering office, submitting a two-year maintenance bond for sewer improvements, and recommending acceptance, be received, plac- ed on file, approved and accepted with effective date on bond being that of final Council approval. Motion carried. 74907 - Moved by Dowie, seconded by Wilharm that communication from Sign & Traffic Department, reporting on a survey made of the corner of Shaul - is Road and Eldora Road to make the corner safer for trucks and cars, referred to it under Council Action #74856 of 8/21/78, be received, placed on file and Engineering Department instructed to contact Wil- liams Pipe Line Company and DOT for an access road off Sergeant Road directly to said firm at no cost to the City. Motion carried. 74908 - Moved by Roehr, seconded by Burton that The Home Insurance Company Policy No. IST 8491216 for three year period of 8/15/78 to 8/15/81 covering real and personal properties, boilers, fine arts and miscel- laneous property, scheduled property floater, money and securities, depositor's forgery etc., with first year premium of $69,409.00, be received, placed on file and "Resolution accepting The Home Insurance Company Policy No. IST 8491216 for real and personal properties, etc. and directing and authorizing payment therefor", adopted. Ayes: Bowers, Burton, Getty, Hutchison, Roehr, Wilharm. Dowie: Declined to vote by reason of possible conflict of interest under Sec. 362.6 of Code of Iowa. Resolution adopted and upon approval by Mayor, assigned No. 25932. 74909 - Moved by Roehr, seconded by Getty that communication from Plan and Program Commission, transmitting one Quit Claim Deed from Clair R. Smith and Amy Smith, Lois J. Bidwell and Robert E. Bidwell, and Vir- ginia M. Miller and Ray J. Miller for 33' of right-of-way on Ansborough Avenue near intersection of Highway 412, and one Warranty Deed from Country Manor, Inc. for additional 17' of right-of-way, in exchange for a triangular piece of vacated Elvon Street, be received, placed on file, approved and "Resolution approving and accepting Quit Claim Deed and Warranty Deed for right-of-way on Ansborough Avenue, and directing recording of same", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25933. 74910 - Moved by Dowie, seconded by Hutchison that construction plans for storm sewer and paving facilities serving Aerostat Heights and request from Wayne Claassen Engineering and Surveying, Inc. for financial assistance as some improvements benefit areas outside of plat, and Acting City Engineer's recommendation for approval, be received, placed on file, said plans and request approved, and financial assistance for storm and sanitary sewer in the amount of $24,797.00 granted. Ayes: Seven. Motion carried. 74911 - Moved by Hutchison, seconded by Dowie that Preliminary Plat of Timothy Ridge Addition with Deed of Dedication, report of Acting City Engineer, Plan and Program Commission's resolution of approval and its recommen- dation for Council approval, be received, placed on file and "Resolu- tion approving the Preliminary Plat of Timothy Ridge Addition, Waterloo, August 2$, 1978 - 5 - 74911 - (Continued) W Black Hawk County, Iowa", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25934. 74912 - Moved by Dowie, seconded by Burton that communication from Superin- tendent of Water Pollution Control, transmitting IDEQ Treatment Agree- ment with John Deere Engine Works, be received, placed on file and approved. Motion carried. 74913 - Moved by Roehr, seconded by Getty that Cons.truction Permit No. 78-532- 7 for Sanitary Sewer Extension in Southland Park Third Addition from Iowa Department of Environmental Quality, subject to certain condi- tions and requirements, be received and placed on file. Motion carried. 74914 - Moved by Bowers, seconded by Burton that Agreement dated 8/21/78 with Jens Olesen & Sons Construction Co., Waterloo, Iowa, for Minor revi- sions to Second Floor of City Hall and related demolition work at 715 Mulberry Street, be received, placed on file and Resolution ap- proving Agreement with Jens Olesen & Sons Construction Co. and di- recting execution of said Agreement by Mayor and Clerk", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assign- ed No. 25935. 74915 - Moved by Roehr, seconded by Bowers that statement for engineering services for Contract No. 162, and Acting City Engineer's recommen- dation for approval, be received, placed on file and "Resolution approving and accepting statement dated 7/31/78 from Wayne Claassen Engineering & Surveying, Inc. for engineering services for FY 1978 Paving Program, Contract No. 162, and authorizing payment according- ly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25936. 74916 - Moved by Dowie, seconded by Wilharm that statement for engineering services for Contract No. 166, and Acting City Engineer's recom- mendation for approval, be received, placed on file and "Resolution approving and accepting the statement dated 8/22/78 from Schenk En- gineering Company for engineering services for FY 1979 Paving Pro- gram I, Contract No. 166, and authorizing payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25937. 74917 - Moved by Getty, seconded by Roehr that "Resolution, Bills", be adopt- ed. Ayes: Seven. Dowie: Voted aye but with reservations on items with asterisks for reason of possible conflict of interest under Section 362.6 of Code of Iowa. Resolution adopted and upon approval by Mayor, assigned No. 25938. 74918 - Moved by Bowers, seconded by Getty that communication from Asst. Superintendent of Municipal Garage reporting retirement of Allison Westcott, Superintendent, effective September 7, 1978, and entitle- ment to 284 hours sick leave and 336 hours vacation ay, be received, placed on file and "Resolution approving payment of $5,245.20 sick leave and vacation pay to Allison Westcott, Retiree as Superintendent of Municipal Garage", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25939. 74919 - Moved by Getty, seconded by Wilharm that Acting City Engineer be in- structed to prepare specifications, form of contract, estimated cost, etc. for FY 1979 Overlay Program, Contract No. 171. Motion carried. 74920 - Moved by Wilharm, seconded by Burton that specifications, form of contract, estimated cost, etc. for FY 1979 Overlay Program, Contract No. 171, be received, placed'on file and "Resolution preliminarily approving specifications, form of contract, estimated cost, etc. for FY 1979 Overlay Program, Contract No. 171", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25940. 74921 - Moved by Dowie, seconded by Getty that Clerk be instructed to publish the notice of public hearing on specifications, etc. for FY 1979 Overlay Program, Contract No. 171, and taking of bids for the im- provement, with date set as September 11, 1978 at 7:00 P.M. Motion carried. August 28, 1978 .OIN .N 74922 - Yoved by Roehr, seconded by Bowers that "Resolution repealing any and all action taken by the City Council of the City of Waterloo, Iowa, on August 21, 1978 on the F.Y. 1979 Paving Program I, Contract No. 166", be adopted. Ayes: Seven. Resolution adopted and upon approv- al by Mayor, assigned No. 25941. 74923 - Moved by Getty, seconded by Dowie that City Engineering Department and Schenk Engineering Company be instructed and authorized to pre- pare the plans and specifications, form of contract and bond, form of proposal, estimate of cost, etc. for the FY 1979 Paving Program I, Contract No. 166. Motion carried. 74924 - Moved by Wilharm, seconded by Getty that "Preliminary resolution for the construction of street improvements in the City of Waterloo, Iowa (FY 1979 Paving Program I, Contract No. 166)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25942. 74925 - Moved by Getty, seconded by Wilharm that "Resolution fixing values of lots for FY 1979 Paving Program I, Contract No. 166", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assign- ed No. 25943. 74926 - Moved by Dowie, seconded by Burton that Engineer's preliminary plans, specifications, estimate of cost, plats and schedule of assessments, etc. for FY 1979 Paving Program I, Contract No. 166, be received and placed on file. Motion carried. 74927 - Moved by Wilharm, seconded by Dowie that "Resolution adopting prelim- inary plat and schedule, estimate of cost and proposed plans and specifications for the construction of the "Waterloo, Iowa, F.Y. Pav- ing Program 1979 I (Contract No. 166)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25944. 74928 - Moved by Getty, seconded by Hutchison that "(Proposed) Resolution of Necessity for the "Waterloo, Iowa, F.Y. Paving Program 1979 I (Con- tract No. 166)", be adopted and the date of hearing set as September 18, 1978 at 7:00 P.M. in the Council Chambers in City Hall. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25945. 74929 - Moved by Roehr, seconded by Dowie that "Resolution directing Engineers to prepare detailed plans and specifications and directing Attorney to prepare form of contract and notice to bidders on the "Waterloo, Iowa, F.Y. Paving Program 1979 I (Contract No. 166)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assign- ed No. 25946. 74930 - Moved by Wilharm, seconded by Hutchison that Engineer's detailed plans, specifications, form of contract, form of proposal, preliminary esti- mate of cost, etc. and notice to bidders for FY 1979 Paving Program I, Contract No. 166, be received, placed on file and "Resolution or- dering bids, approving plans, specifications and form of contract and notice to bidders, fixing amount of bid security, and ordering Clerk to publish notice and fixing a date for receiving same, and for a public hearing on plans, specifications, form of contract and estimate of costs", adopted, with date set as September 18, 1978. Ayes: Sev- en. Resolution adopted and upon approval by Mayor, assigned No. 25947. 74931 - Moved by Getty, seconded by Dowie that following requests for permis- sion to attend functions, with expenses allowed not to exceed the amounts shown, be received, placed on file and approved: Superintendent of Water Pollution Control to Seminar for Pretreatment of Industrial Wastes - EPA, Kansas City, Mo., September 12 thru 14, 1978, $243.50: Electrical Inspector to Western Section Electrical Inspectors Annual Meeting, New Orleans, La., September 10 thru 15, 1978, $560.00; Superintendent of Sewers to 1978 International Public Works Congress & Equipment Show, Boston, Mass., October 12 thru 19, 1978, $650.00; City Engineer and three Personnel to 1978 International Public Works Congress, Boston, Mass., October 13 thru 20, 1978, $2,750.00. Ayes: Seven. Motion carried. August 28, 1978 - 7 - 74932 - Moved by Bowers, seconded by Getty that following applications for Beer Permits and Beer and Liquor Licenses, be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Li- quor Control Department: Beer ass B Concession Services, Inc., McElroy Auditorium Class C Cuen Crawford dba Crawford's Laundromat - George P. Clearman dba Waterloo U -$ave, 2301 Siech's Varly Drug, Inc., 908 LaPorte Road Beer Liquor Class C LaDonna Marter dba Porky's Red Carpet Supper 1409 Newell Street Groceries, 523 Logan Avenue Lafayette Street Club & Lounge, George J. Jones dba George's Lounge, 2844 Lafayette Street Sunday Sales - Beer Class B Concession Service, Inc., McElroy Auditorium Class C Cullen Crawford dba Crawford's Laundromat - George P. Clearman dba Waterloo U -$ave, 2301 Siech's Varly Drug, Inc., 908 LaPorte Road Sunday Sales - Beer Liquor Class C LaDonna darter dba Porky's Red Carpet Supper 1409 Newell Street Motion carried. Groceries, 523 Logan Avenue Lafayette Street Club & Lounge, 74933 - Moved by Getty, seconded by Hutchison that report of City Attorney and list of bonds filed with Clerk through 8/28/78, be received, plac- ed on file and report and bonds approved. Motion carried. 74934 - Moved by Hutchison, seconded by Roehr that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk August 28, 1978