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HomeMy WebLinkAbout01/12/1976JANUARY 12, 1976 The Council of City of Waterloo, Iowa, met in Regular Session in Council Chambers in City Hall at 7:00 P.M. on January 12, 1976. Mayor Rooff in the Chair. On roll call, Present: Bowers, Dowie, Geiger, Getty, Lichty, Roehr, and Wilharm. Invocation by Councilman Wilharm. 69310 - Moved by Roehr, seconded by Wilharm that the Agenda, as amended, for the Regular Session of January 12, 1976 at 7:00 P.M., be accepted and approved. Motion carried. 69311 - Moved by Geiger, seconded by Wilharm that the Minutes of the Regular Session held January 5, 1976 at 7:00 P.M., be approved. Motion carried. 69312 — Moved by Dowie, seconded by Bowers that proof of publication of Notice of Public Hearing on Re -zoning, upon the request of William Robinson for Merle and Grace Elliott, upon recommendation of City Zoning Commission and Council's own motion, to rezone from "A-1" Agricultural District to "R-3, R -P" Planned Residence District, part of Section 18 -88N -12W, approximately 70 acres located South of East Shaulis Road and East of LaPorte Road, as published in the Waterloo Daily Courier on December 26, 1975, be received and placed on file. Motion carried. 69313 - The Mayor announced the time had arrived to hear objections, and called for oral and written objections. No objections were made or filed. Moved by Roehr, seconded by Wilharm that "An Ordinance amending Ordin- ance No. 2479, as amended, by adding Sub -Section No. 84 to Section 2A-5, rezoning certain property", be considered and passed for the first time. Ayes: Seven. Motion carried. 69314 - The Traffic and Street Sign Department and the Finance Committee, having checked the bids for traffic paint and paint thinner, referred to them under Council Action #69296 of 1/5/76, recommended acceptance of the total bid of Vogel Paint and Wax Co, Inc, of Orange City, Iowa. Moved by Wilharm, seconded by Dowie that the above recommendation be received, placed on file, approved and the bid of Vogel Paint and Wax Co., Inc. of Orange City, Iowa of $3.93 per gal. for white fast dry traffic paint, $4.33 per gal. for yellow fast dry traffic paint and $1.40 per gal. for xylol thinner, accepted and issuance of purchase order authorized. Ayes: Seven. Motion carried. 69315 - Steve Schumaker representing Club El Dorado, 3811 University Avenue, asked if the Council would approve the Club's Class C Beer and Liquor License application prior to the inspectors approval and City Attorney Smith stated this could not be done. 69316 - Frank VanKerckhove,701 Newton Street, reported the oiling work done on Grandview Avenue from Riehl Street to Parker Street was very bad and Mayor Rooff said he would check on this. 69317 - Moved by Roehr, seconded by Geiger that request from Youngblut Con- struction Co.., Inc. for permission to construct one 35' commercial curb cut and to close one existing curb cut for Oppold Funeral Home at 400 South Street, as shown on attached plat, and City Engineer's recommendation for approval subject to the provisions of his letter, received, placed on file, recommendation approved and permission granted in accordance therewith. Motion carried. 69318 - Moved by Wilharm, seconded by Geiger that request from Youngbult Construction Co., Inc. for permission to construct one 35' commercial curb cut at 2740 Lackland Drive, as shown on attached plat, and City Engineer's recommendation for approval subject to the provisions of his letter, be received, placed on file, recommendation approved and permission granted in accordance therewith. Motion carried. 69319 - Moved by Roehr, seconded by Dowie that the two couwiunications from Black Hawk County Auditor advising offers have been made for the fol- lowing properties in amounts shown on which Black Hawk County holds title and requesting Council approval to accept these offers subject to City of Waterloo waiving all special assessments and the City to receive the proceeds from the sale of these properties, be received, placed on file, sale of said properties approved subject to the above provisions: 69319 - (Continued) Legal Description Auditor Barnes Plat of Maywood Lot 23 Auditor Barnes Plat of Maywood East 40' W 140', Lot 5 ECW 108 60 Manson's 2nd Addition Lot 11 Blk, 4 Deduct by Bid B.H. County $205.00 -$50.00 $340.00 -$50.00 $800.00 -$50.00 Special Assessments Amount to be Waived $651.64 $608.47 $496.64 $318.47 $837.39 $ 87,39 Ayes: Seven. Motion carried. 69320 - Moved by Wilharm, seconded by Bowers that City Treasurer's Financial Report for December, 1975, showing Balance on Hand 12/1/75 $13,442,995.45 Receipts $2,681,040.79, Disbursements $2,701,339.88, Balance on Hand 12/31/75 $13,442,696.36, be received and placed on file. Motion carried. 69321 - Moved by Roehr, seconded by Wilharm that the two Continental Casualty Company Policies for comprehensive general liability, comprehensive automobile liability, etc. and umbrella excess third party liability, both for period of 1/1/76 to 1/1/77, for the City of Waterloo, Iowa, for premiums of $165,311 and $43,700, be received, placed on file, the Clerk instructed to have collision coverage deleted with a reduc- tion in premium of $10,405, and "Resolution accepting Continental Casualty Company Policy No. 243 44 10 for comprehensive general lia- bility, comprehensive automobile liability, etc. with Endorsement No. 29 Collision Coverage deleted, and Policy No. 212 05 29 for Umbrella Excess Third Party Liability, and directing and authorizing the issuance of warrants in payment for same", adopted. Ayes: Six. Declined to vote by reason of possible conflict of interest under Section 362.6 of Code of Iowa: Dowie. Absent: None. Resolution adopted and upon approval of Mayor, assigned No. 24403 in official resolution book. 69322 - Moved by Wilharm, seconded by Dowie that communication from City En- gineer, transmitting three copies of Pre -Construction Project Agree- ment No. 75-12-101 for Primary Road Extensions between the Iowa De- partment of Transportation highway Divisions and the City of Waterloo for bridge replacement on Iowa 281 in the east part of Waterloo, and recommending approval, be received, placed on file and "Resolution approving the Pre -Construction Project Agreement No. 75-12-101 with the Iowa Department of Transportation Highway Division, and authorizing and directing the Mayor and Clerk to sign same in behalf of the City of Waterloo, Iowa", adopted. Ayes: Seven. Resolution adopted and upon approval of Mayor, assigned No. 24404 in official resolution book. 69323 - Moved by Dowie, seconded by Getty that communication from City Engineer, transmitting five copies of Iowa Department of Transportation Highway Division Application for use of Highway Right of Way for Utilities Accommodation, Form #562, for relocation of sanitary sewer as required by said Iowa Department Project No. U-281-1 (4)--40-07, replacement ofexisting bridge over Blowers Creek with a culvert structure on Highway 281 (Independence Avenue) from the City of Waterloo, Iowa, and recoumiending approval, be received, placed on file, approved and Mayor authorized to sign said application. Motion carried. 69324 - Moved by Getty, seconded by Lichty that communication from Property Administrator, transmitting the following Easements and Agreement for Easement for the Orange Outfall Project, Contract No. 177, and request- ing approval, be received, placed on file, approved and accepted, Mayor and Clerk authorized to execute said Agreement in behalf of the City of Waterloo, and the Clerk instructed to have same recorded: Permanent Easement dated 12/16/75 from Verda R. Miller; Temporary Easement dated 12/16/75 from Verda R. Miller; Agreement for Easement dated 1/12/76 between Blaine Miller,Jr. for Verda Miller and the City of Waterloo for land rental. Ayes: Seven. Motion carried. January 12, 1976 - 3 - 69325 - Moved by Wilharm, seconded by Bowers that "An Ordinance to amend the Code of Ordinances of the City of Waterloo, Iowa, adopted by Ordinance No. 2584, Section 19, passed December 27, 1971, and asamended by Ordinance No. 2699, Subsection 2-4, passed September 3, 1974, by re- pealing Section 4-29 as amended, entitled "Prohibiting Sales and Acts", of Chapter 4, Article II, entitled "Sale and Consumption of Beer and Liquor", as amended, and enacting in lieu thereof, and ordinance relat- ing to the regulation of beer and liquor", be considered and passed for the third time (the first having passed under C.R.#69259 of 12/22/75, the second under C.R.#69300 of 1/5/76). Ayes: Bowers, Dowie, Lichty, Roehr, and Wilhelm. Nays: Geiger and Getty. Motion carried 69326 - Councilman Getty stated he felt strongly against the way the ordinance was written as it would be illegal for a waitress, waiter or bartender at any bar to come in contact with the patrons except in entering, leav- ing seating or serving. A discussion followed and City Attorney Smith agreed it would be in violation of the ordinance if employees fratern- ized with the patrons while on duty. Moved by Roehr, seconded by Wilharm that "An Ordinance to amend the Code of Ordinances of the City of Waterloo, Iowa, adopted by Ordinance No. 2584, Section 19, passed December 27, 1971, and as amended by Ordinance No. 2699, Subsection 2-4, passed September 3, 1974, by repealing Section 4-29 as amended, entitled "Prohibiting Sales and Acts", of Chapter 4, Article II, entitled "Sale and Consumption of Beer and Liquor", as amended, and enacting in lieu thereof, an ordinance relating to the regulation of beer and liquor", be adopted. Ayes: Bowers, Dowie, Lichty, Roehr, and Wilharm. Nays: Geiger and Getty. Ordinance adopted and upon approval by the Mayor, assigned No. 2785 in official ordinance book. 69327 - Irene Lentfer presented a statement criticizing Councilman Getty for deliberately violating city laws in order to observe the present park- ing ticket collection system for the purpose of solving problems with- in the system. Moved by Roehr, seconded by Bowers the the above statement be received and placed on file. Motion carried. 69328 - Rev. Wayne Hoffman, Pastor of Westminster United Presbyterian Church, commended the Council for passing the ordinance on nudity and for taking a stand of common decency, stating proponents of indecency usually ex- pose the bodies of other people but not their own, and the Council would be criticized by some in the community but would be commended by the majority for the stand it had taken. 69329 - Moved by Wilharm, seconded by Roehr that the Certificate of Completion and Final Estimate Report submitted by Thorson, Brom, Brasher, Snyder, Architects, for the Conway Square Site Work, and City Engineer's recom- mendation for approval, be received, placed on file and "Resolution approving the Certificate of Completion and Final Estimate Report as to work and materials furnished by O -M Construction Co., Contractors, for the Conway Square Site Work, accepting the work and authorizing pay- ment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24405 in official resolution book. 69330 - Moved by Roehr, seconded by Dowie that the Certificate of Completion and Recommendation of Acceptance with Final Estimate Report as submitted by Brice, Petrides & Associates, Inc., Engineers, for Westfield Avenue - McKinley Street Storm Sewer, Contract No. 92, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving the Certificate of Completion and Recommendation of Accept- ance and the Final Estimate Report as to work and materials furnished by F.A. Moser & Associates, Inc., Contractors, for the Westfield Avenue McKinley Street Storm Sewer, Contract No. 92, accepting the work and authorizing payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24406 in official resolution book. 69331 - Moved by Wilharm, seconded by Lichty that Estimate #6 Report for River Road, Stage II, Contract No. 150, with Community Development Board recommendation for'.approval, be received, placed on file and "Resolution Janaury 12. 1976 - 4 69331 - (Continued) approving Estimate #6 Report for work and materials furnished by Irving F. Jensen Co., Inc., Contractors, for River Road, Stage II, Westfield - Virden Urban Renewal Project Iowa R-7, Contract No. 150, and certifying payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24407 in official resolution book. 69332 - Moved by Roehr, seconded by Wilharm that Estimate #3 Report for Dry Run Creek Retaining Wall and Dike Modifications in Liberty Park, Con- tract No. 94, with Community Development Board recommendation for approval, be received, placed on file and "Resolution approving Estimate #k3 Report for work and materials furnished by Service Construction Co., Contractors, for Dry Run Creek Retaining Wall and Dike Modifications in Liberty Park, Contract No. 94, and certifying payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24408 in official resolution book. 69333 - Moved by Dowie, seconded by Wilharm that Estimate #7 Report for West Park Avenue Area Paving, Sewers and Incidentals, Contract No. 147, with Community Development Board recommendation for approval, be re- ceived, placed on file and "Resolution approving the report for work and materials furnished by Cedar Valley Corporation for construction of West Park Avenue Area Paving, Sewers and Incidentals, Westfield - Virden Urban Renewal Project Iowa R-7, Contract No. 147, and authoriz- ing and certifying payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24409 in official resolution book. 69334 - Moved by Roehr, seconded by Lichty that Completion Report of City Engineer as to work and materials furnished by WATCO Construction, Inc., Waterloo, Iowa, for Wren Road Storm Sewer District, Contract No. 89, be received, placed on file and "Resolution approving Com- pletion Report as to work and materials furnished by WATCO Construc- tion Inc. for the Wren Road Storm Sewer District, Contract No. 89 authorizing payment", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24410 in official resolution book. 69335 - Moved by Dowie, seconded by Bowers that the Certificate of Completion and Recommendation of Acceptance for the Fourth Street Bridge Lighting, Contract No. 28, Final Estimate #2 Report and City Engineer's recom- mendation for approval, be received, placed on file and "Resolution approving and accepting Certificate of Completion and Recommendation of Acceptance and Final Estimate #2 Report for work and materials furnished by See Electric, Inc. for Fourth Street Bridge Lighting, Contract No. 28, accepting the work and authorizing payment in full accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24411 in official resolution book. 69336 - Moved by Getty, seconded by Wilharm that "Resolution, Bills, Schedule A", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24412 in official resolution book. 69337 - Moved by Getty, seconded by Wilharm that "Resolution, Bills, Schedule B", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24413 in official resolution book. 69338 - Moved by Wilharm, seconded by Dowie that the following request for permission to attend a function, with expenses allowed not to exceed amount shown, be received, placed on file and approved: Building Inspector and Assistant to Uniform Building Code Seminar, Ft. Madison, Iowa, January 21 thru 23, 1976, $225.92 plus travel. Ayes: Seven. Motion carried. 69339 - Moved by Roehr, seconded by Bowers that communication from Mayor Rooff, submitting for Council approval the reappointment of LuVerne:L.'Reicherts to the Waterloo Water Works Board of Trustees for a six-year term to expire on January 12, 1980, be received, placed on file and approved. Motion carried. January 12, 1976 - 5 - 69340 - Moved by Geiger, seconded by Roehr that following application for Beer Permit, be received, placed on file, approved, the approval endorsed on application and same forwarded to the Iowa Beer and Liquor Control Department: Class "C" Osco Drug, Inc., 2060 Crossroads Blvd. Motion carried. 69341 - Moved by Geiger, seconded by Dowie that the report of City Attorney and list of bonds filed with Clerk through 1/12/76, be received, placed on file and approved. Motion carried. 69342 - Moved by Roehr, seconded by Bowers that the Council adjourn. Motion carried. January 12, 1976 Katherine Gibbs, City Clerk