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HomeMy WebLinkAbout10/15/79October 15, 1979 The Council of the City of Waterloo, Iowa met in Regular Session in Council Chambers in the City Hall at 7:00 P.M., on October 15, 1979. Mayor Rooff in the Chair. On roll call: Pre - seat: Wilharm, Roehr, Penaluna, Dowie, Burton, Bowers. Absent: Getty. Invocation by Council- man Burton. 77279 - Moved by Wilharm, seconded by Penaluna that the Agenda, as proposed, for the Regular Session of October 15, 1979 at 7:00 P.M., be accepted and approved. Motion carried. 77280 - Moved by Dowie, seconded by Burton that the Minutes of the Regular Session held October 8, 1979 at 7:00 P.M., be approved. Motion carried. 77281 - Moved by Wilharm, seconded by Bowers that proof of publication of notice of public hearing on proposed plans, specifications, form of contract, estimate of cost, etc. for Sans Souci Drive Sanitary Sewer Program, Contract No. 192, be received and placed on file. Motion carried. 77282 - This being the time and place fixed for a public hearing on the matter of the adoption of plans, specifications, form of contract, and estimated cost for Sans Souci Drive Sanitary Sewer Program, 1979, Contract No. 192, the Mayor called for any oral objections to the making of said improvements, or to the adoption of the plans, specifications, form of contract or estimate of cost. No objections were offered and the Clerk reported that no written objections thereto had been filed. Moved by Wilharm, seconded by Bowers that "Resolution adopting plans, specifications, form of contract and estimated cost for Sans Souci Drive Sanitary Sewer Program, 1979, Contract No. 192", be adopted. Ayes: Five. Absent: Getty. Penaluna 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. 26581. 77283 - The Mayor announced a further purpose of the meeting was to receive, open, consider and tabulate bids for Sans Souci Drive Sanitary Sewer Program, Contract No. 192, in accord- ance with plans and specifications now adopted. Moved by Bowers, seconded by Wilharm that the following bids, be received, placed on file, Clerk instructed to open and read same and bids referred to the Engineers for checking and report back: Amount of Name of Bidder Amount of Bid Bid Bond E.B. Spencer Engineering Co., Waterloo, Ia. Sec. I $ 63,892.00 5% Sec. II $ 51,70000 Total $115,592.00 Lehman Trucking 'N Excavating, Inc., Sec. I $ 53,284.00 5% Waterloo, Ia. Sec. II $ 19,000.00' Total $ 72,284.00 Van Hauen & Keller Contractors, Inc., Sec. I $ 49,577.00 ✓ 5% West Des Moines, Ia. Sec. II $ 32,340.00 Total $ 81,917.00 Hirst Excavating, Inc., Waterloo, Ia. Sec. I $ 53,647.00 5% Sec. II $ 45,000.00 Total $ 98,647.00 Motion carried. 77284 - Moved by Roehr, seconded by Penaluna that proof of publication of notice of public hear- ing on proposed plans, specifications, form of contract, estimate of cost, etc. for F.Y. 1980 Sanitary Sewer Program, Contract No. 193, and the taking of bids therefor, be received and placed on file. Motion carried. 77285 - This being the time and place for hearing, the Mayor called for written and oral objec- tions, and there were none. Moved by Bowers, seconded by Wilharm that "Resolution confirming the approval of plans, specifications, etc. for the F.Y. 1980 Sanitary Sewer Program, Contract No. 193", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26582. 77286 - Moved by Penaluna, seconded by Wilharm that "Resolution ordering the construction of F.Y. 1980 Sanitary Sewer Program, Contract No. 193", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26583. 77287 - Moved by Wilharm, seconded by Roehr that the following bids, be received, placed on file, Clerk instructed to open and read same and bids referred to the Engineers for checking and report back: -2- 77287 - (Continued) Name of Bidder Lehman Trucking 'N Excavating Inc., Waterloo, Ia. Dale J. Clark Contracting Co., Waterloo, Ia. Van Hauen & Keller Contractors, Inc., West Des Moines, Ia. Hurst Excavating, Inc., Waterloo, Ia. Motion carried. Amount of Amount of Bid Bid Bond $37,410.00 5% $30,273.00 5% $43,393.00 5% $39,360.00 5% 77288 - Moved by Roehr, seconded by Dowie that proof of publication of notice of public hearing on proposal to vacate, sell and convey to Virgil Loui Eilers, Samella Chambers and Elaine Mary Morrison, the east -west alley in Block 1, Ricker and Bratnober's Addition, as published in Waterloo Courier on 9/28/79, for $0.10 per square foot plus costs, be received and placed on file. Motion carried. 77289 - The being the time and place for hearing, the Mayor called for written and oral objec- tions, and there were none. Moved by Wilharm, seconded by Roehr that "Ordinance vacating east -west alley in Block 1, Ricker and Bratnober's Addition", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Getty. Motion carried. 77290 - Moved by Dowie, seconded by Wilharm that rules requiring ordinances to be considered and voted on for passage at two prior meetings, be suspended, the above ordinance record- ed as having beeiconsidered and passed for the second and third times, and now placed on its final adoption. Ayes: Six. Absent: Getty. Motion carried. 77291 - Moved by Bowers, seconded by Burton that "Ordinance vacating east -west alley in Block 1, Ricker and Bratnober's Addition", be adopted. Ayes: Six. Absent: Getty. Ordinance adopted and upon approval by Mayor, assigned No. 3055. 77292 - Moved by Wilharm, seconded by Bowers that "Resolution authorizing the sale and convey- ance of east -west alley in Block 1, Ricker and Bratnober's Addition, for $0.10 per square foot plus costs, to Virgil Loui Eilers, Samella Chambers and Elaine Mary Morrison, and directing and authorizing the Mayor and City Clerk to execute and deliver a Quit Claim Deed for said property", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26584. 77293 - Moved by Roehr, seconded by Bowers that proof of publication of notice of public hearing on proposal to vacate, sell and convey to Clayton E. Bronson and Sheridan, Inc. a portion of Wren Road adjacent to Tract "A" Bronson Additon, south of Lark Lane, as published in Waterloo Courier, for $330.00 plus costs, be received and placed on file. Motion carried. 77294 - This being the time and place for hearing, the Mayor called for written and oral objec- tions, and there were none. Moved by Bowers, seconded by Penaluna that "Ordinance vacating portion of Wren Road adjacent to Tract "A",Bronson Addition", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Getty. Motion carried. 77295 - Moved by Bowers, seconded by Dowie that rules requiring ordinances to be considered and voted on for passage at two prior meetings, be suspended, the above ordinance recorded as having been considered and passed for the second and third times, and now placed on its final adoption. Ayes: Six. Absent: Getty. Motion carried. 77296 - Moved by Roehr, seconded by Wilharm that "Ordinance vacating portion of Wren Road adjacent to Tract "A", Bronson Addition", be adopted. Ayes: Six. Absent: Getty. Ordinance adopted and upon approval by Mayor, assigned No. 3056. 77297 - Moved by Wilharm, seconded by Penaluna that "Resolution authorizing the sale and con- veyance of portion of Wren Road adjacent to Tract "A", Bronson Addition, for $330.00 plus costs to Clayton E. Bronson and Sheridan, Inc., and directing and authorizing the Mayor and City Clerk to execute and deliver a Quit Claim Deed for said property. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26585. 77298 - Moved by Roehr, seconded by Dowie that proof of publication of notice of public hearing I on proposal to vacate a 25' building setback line along east side of Lot 1, Lockard Addition, as published in Waterloo Courier on 9/28/79, requested by Karen McDonald John- son, be received and placed on file. Motion carried. October 15, 1979 ;� G -3- -14N 77299 - This being the time and place for hearing, the Mayor called for written and oral objec- tions, and there were none. Moved by Wilharm, seconded by Penaluna that''Ordinance vacating a 25' building setback line along east side of Lot 1, Lockard Addition", be received, placed on file, consid- ered and passed for the first time. Ayes: Six., Absent: Getty. Motion carried. 77300 - Moved by Penaluna, seconded by Burton that rules requiring ordinances to be considered and voted on for passage at two prior meetings, be suspended, the above ordinance re- corded as having been considered and passed for the second and third times, and now placed on its final adoption. Ayes: Six. Absent: Getty. Motion carried. 77301 - Moved by Dowie, seconded by Bowers that "Ordinance vacating a 25' building setback line along east side of Lot 1, Lockard Addition", be adopted. Ayes: Six. Absent: Getty. Ordinance adopted and upon approval by Mayor, assigned No. 3057. 77302 - Moved by Roehr, seconded by Bowers that communication from Plan and Program Commission requesting re-establishment of the setback line to 15 feet along the east side of Lot 1, Lockard Addition, be received, placed on file, approved and "Resolution re-establish- ing the setback line at fifteen (15) feet along the east side of Lot 1, Lockard Addi- tion", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26586. 77303 - Joe Wagner reported he did not receive a'lettter as toactiontaken on petition filed in May, 1979 for traffic control signal or multipurpose stop sign on either Nevada & Lafayette Streets, or on Adrain & Lafayette Streets intersections, and was informed the recommendations was for denial, which the_Council'did. Mayor Rooff stated this was in the thirty worst street study. Moved by Wilharm, seconded by Roehr that the above presentation, be received, placed on file, the street being in the study should be of help, and an apology offered if he did not receive a letter. Motion carried. 77304 - Janet Kalsem, 427 Belle Street, protested that conditional zoning ordinance for pre- school purposes was not adopted, and stated incorrect U-1 District was usedinstead of R-2. A discussion followed; Council Member Roehr, who voted on prevailing side, was not ready to make motion to bring back to floor. Mary Csukker, 421 Belle Street, spoke in favor of preschool. Mayor Rooff stated five children in preschool was permitted in zoning ordinance without permission but abstract re-striction should be reviewed by an attorney as this was a civil matter. Moved by Burton, seconded by Bowers that the.ab©ve presentations, be received and placed on file. Motion carried. 77305 - Council Member Roehr recommended a $150.00 per month ($1,800.00 annual) salary increase for Plan and Program Director Franke and $100.00 per month ($1,200.00 annual) for Finance Director Campbell, retroactive to July l., 1979. A discussion followed. Council Member Penaluna supported reviewing other salaries and Council Member Bowers not ready to vote on this as this was first time he had heard of it. Moved by Roehr, seconded by Wilharm that the+ above recommendation be received, placed on file. and action deferred until October 22, 1979. Motion carried. 77306 - Moved by Burton, seconded by Penaluna that request of Iowa Department of Transportation for conveyance of approximately 0.3 acres of ,Water Works parcel of land within a tract in NE4 of NEk of Section 13 -88N -13W for relocation of Dysart Road near intersection with Shaulis Road, as shown on attached plat, and -report of Plan and Program Commission, be received, placed on file and "Resolutidh fixing.the time and place of hearing on proposal to convey real property within Section 13 -88N -13W to Iowa Department of Transportation", be `adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26587. 7.7307 = Moved by Dowie, seconded by Penaluna that -'request 0f Langles & Associates, Inc. for per- mission to construct two commercial curb cuts to serve building at 3275 West Fourth Street,%as shown on attached plat, and City Engineer's recommendation for approval sub- ject to the provisions of his letter, be received, placed on file, recommendations approved and permission granted in accordance therewith. Motion carried. 77308 - Moved by Burton, seconded by Bowers that request of Wendell Lockard Construction, Inc. for permission to construct one temporary concrete driveway for Professional Office Services, Inc., 2827 Burton Avenue, without regard to sidewalk grade, together with $3.00 for recording waiver, and City Engineer's.recommendation for approval subject to the provision of his letter, be received, placed on file, approved and "Resolution granting permission to Wendell Lockard Construction, Inc. and authorizing construction of a temporary concrete driveway at 2827 Burton Avenue, irrespective of a later official grade", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26588. -4- 77309 - Moved by Burton, seconded by Bowers that request of Gene A. Johnson for permission to construct a temporary concrete driveway at 106 South Hackett Road without regard to sidewalk grade, together with $3.00 for recording waiver, and City Engineer's recom- mendation for approval subject to the provisions of his letter, be received, placed on file, approved and "Resolution granting permission to Gene A. Johnson and authorizing construction of a temporary concrete driveway at 106 South Hackett Road, irrespective of a later official grade", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26589. 77110 - The City Engineer recommended acceptance of the low bid of Lehman Trucking 'N Excava- ting, Inc., of Waterloo, Iowa in the total amount of $72,284.00 for Contract No. 192. Moved by Wilharm, seconded by Roehr that the above recommendation be received, placed on file and "Resolution making award of Contract for Sans Souci Drive Sanitary Sewer Program, Contract No. 192", adopted. Ayes: Five. Absent: Getty. Penaluna declined to vote by reason of possible conflict of interest under Section 362.6 of Code of Iowa. Resolution adopted and upon approval by Mayor, assigned No. 26590. 77311 - The City Engineer recommended acceptance of low bid of Dale J. Clark Contracting Co., of Waterloo, Iowa in the amount of $30,273.00 for Contract No. 193. Moved by Roehr, seconded by Bowers that the above recommendation be received, placed on file and "Resolution accepting the bid of Dale J. Clark Contracting Co., for F.Y. 1980 Sanitary Sewer Program, Contract No. 193", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26591. 77312 - Moved by Wilharm, seconded by Dowie that minutes of the regular meeting of the Community Development Board held September 11, 1979 at 7:00 P.M., be received, placed on file and approved. Motion carried. 77313 - Under Council Action X677271 of 10/8/79 action was deferred on installation of one 175 Watt White Mercury Vapor street light at various locations. Moved by Burton, seconded by Bowers that "Resolution ordering installation of certain street lights", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26592. 77314 - Moved by Roehr, seconded by Penaluna that construction plans for storm sewer and paving facilities serving Hammond Hills Sixth Addition, submitted by Schenk Engineering, and City Engineer's recommendation for approval, be received, placed on file and approved. Motion carried. 77315 - Moved by Bowers, seconded by Dowie that "An Ordinance amending Chapter 33, Streets and Sidewalks, of the Code of Ordinances of the City of Waterloo, Iowa, be repealing Section 33-10, Curb Cuts, in its entirety, and enacting in lieu thereof a new Section 33-10, Curb Cuts", be received, placed on file, considered and the rules requiring ordinances to be considered and voted on for passage at two prior meetings, suspended, the above ordinance recorded as having been considered and passed for the second and third times, and now placed on its final adoption. Ayes: Six. Absent: Getty. Motion carried. 77316 - Moved by Dowie, seconded by Burton that "An Ordinance amending Chapter 33, Streets and Sidewalks, of the Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 33-10, Curb Cuts, in its entirety, and enacting in lieu thereof a new Section 33-10, Curb Cuts", be adopted. Ayes: Six. Absent: Getty. Ordinance adopted and upon approval by Mayor, assigned No. 3058. 77317 - Moved by Roehr, seconded by Burton that communication from City Clerk reporting retire- ment of Nellie M. Smith as of October 31, 1979, and entitlement 699-1/3 hours sick leave and 100 hours vacation pay, be received, placed on file and "Resolution approving payment of $4,292.40 sick leave and vacation pay to Nellie M. Smith, Retiree of City Clerk's Office", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26593. 77318 - Moved by Penaluna, seconded by Bowers that communication from Plan and Program Com- mission, recommending installation of one 175 Watt White Mercury Vapor street light at following locations, concurred with by Electrical Inspector, be received, placed on file, approved and "Resolution ordering installation of certain street lights", adopted: Regency Acres 1'- Southeast corner of Bradley Road and Westchester Road 1 - 3924 West Fourth Street 1 - Northeast corner of Bradley Road and Kamille Court 1 - 1905 Kamille Court Jane Second Additon 1 - 827 Jane Street Fifth Addition to SouthridRe 1 - 844 Lisa Drive 11 --I -s Southeast corner of Rachael Street and Lisa Drive - 77318 - (Continued) Kingswood First Addition 1 - Northwest corner of West Fourth Street and Kingswood Place 1 - 3430 Kingswood Place 1 - 3460 Kingswood Place Westdale 1 - Northeast corner of Cactus Lane and East Orange Road Hammond Hills Third Addition i - Nortneast corner of Wildwood Road and Pearl Lane 1 - Northeast corner of Dearborn Avenue and Fox Street Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26594. 77319 - Moved by Bowers, seconded by Dowie that Building Official's plat and schedule of col- lectible conditional deficiency assessments against the following benefitted properties under F.Y. 1978 Paving Program, Contract NO. 162, be received and placed on file: Huntington Park, Part of Lot 101, 1827 Lark Lane Bronson Addition, Lot 1, 1652 Oriole Avenue Bronson Addition, Lot 16, 1653 Oriole Avenue Motion carried. 77320 - Moved by Wilharm,.seconded by Bowers that "Resolution adopting and levying conditional deficiency assessments, and providing for the payment thereof for F.Y. 1978 Paving Program, Contract No. 162", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval of Mayor, assigned No. 26595. 77321 - Moved by Wilharm, seconded by Bowers that Building Official's plat and schedule of collectible conditional deficiency assessment against Manson's 3rd Addition, Lot 10, Block 9, 437 Gable Street, under F.Y. 1977 Paving Program, Contract No. 157, be re- ceived and placed on file. Motion carried. 77322 - Moved by Roehr, seconded by Wilharm that "Resolution adopting and levying conditional deficiency assessments, and providing for the payment thereof for F.Y. 1977 Paving Program,Contract No. 157", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 26596. 77323 - Moved by Bowers, seconded by Penaluna that following requests for permission to attend functions, with expenses allowed not to exceed amounts shown, be received, placed on file and approved: Planning Director and Assistant Planning Director to Iowa Municipal Finance Officers Association Semi -Annual Meeting, Des Moines, Iowa, October 18, 1979, $42.00 plus use of City vehicle. One Officer from Police Identification Division to FBI Finger Print School, Council Bluffs, Iowa, October 21 thru November 2, 1979, $594.36 plus use of City vehicle. Three personnel from the Health & Sanitation Department to "Current Concepts" Seminar sponsored by the Iowa Department of Agriculture and the FDA, Des Moines, Iowa, November 6 thru 9, 1979, $355.00. Ayes: Six. Absent: Getty. Motion carried. j 77324 - Moved by Wilharm, seconded by Bowers that following applications for Beer Liquor Licenses be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer Liquor License Applications Class C George Miller dba Shadto Lounge, 809 East 4th Street ARA Services, Inc. dba The Convair Room, Waterloo Municipal Airport, R.R. #2 Gur-Land, Inc. dba The Brown Bottle, 209 West 5th Street William E. Allen and Bradley Fossen dba Concession Services, Inc., Electric Park, I 300 Rainbow Drive Sunday Sales - Beer Liquor License Applications Class C If and When.Inc. dba The Rails End, 110 Ida Street ARA Services, Inc. dba The Convair Room, Waterloo Municipal Airport, R.R. #2 'Gur-Land, Inc. dba The Brown Bottle, 205 West 5th Street William E. Allen and Bradley Fossen dba Concession Services, Inc., Electric Park, X300 Rainbow Drive. Motion carried. October, 15, 1979 77325 - Moved by Burton, seconded by Bowers that application of Maudie M. Richardson dba Buck Hill Tap, for Living Quarters Permit at 704 Cleveland Street, be received, placed on file and approved. Motion carried. 77326 - Moved by Roehr, seconded by Wilharm that the application, $1,000.00 check in lieu of bond, and fee of Carter's Carpets, Inc., 206 West Mullan Avenue, for license to conduct a Going -Out -Of -Business or Liquidation Sale, effective October 16, 1979 and to terminate December 16, 1979, be received, placed on file and license granted. Motion carried. 77327 - Moved by Dowie, seconded by Burton that report of City Attorney and list of bonds filed with Clerk through 30/15/79 be received, placed on file and report and bonds approved. Motion carried. 77328 - Moved by Dowie, seconded by Wilharri that the Council adjourn. Octoter 15, 1979 -N Katherine Gibbs, City Clerk '^N