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Home My WebLink About05/10/1976May 10, 1976 The Council of City of Waterloo, Iowa, met in Regular Session in Council Chambers in City Hall at 7:00 P.M. on May 10, 1976. Mayor Rooff in the Chair. On roll call, Present: Bowers, Geiger, Getty, Roehr and Wilharm. Absent: Dowie and Lichty. Invocation by Councilman Wilharm. 69913 - Moved by Roehr, seconded by Bowers that the Agenda, as amended, for the Regular Session of May 10, 1976 at 7:00 P.M., be accepted and approved. Motion carried. 69914 - Moved by Geiger, seconded by Getty that the Minutes of the Regular Session held May 3, 1976 at 7:00 P.M. be approved. Motion carried. 69915 - Moved by Bowers, seconded by Roehr that the proof of publication of the Notice of Proposed Resolution of Necessity for Oiling Program - Year 1976, being a Proposed Resolution of Necessity (No. 24524) for the improvement of streets, avenues, drives, roads, boulevards, alleys, etc. or portions thereof, by oiling the same, as published in the Waterloo Courier on April 22 and 29, 1976, be received and placed on file. Motion carried. 69916 - The Mayor called for oral and written objections and the Clerk re- ported no written objections had been filed. City Engineer Radue reported that Councilman Dowie had received calls objecting to Hammond Avenue and requested this street be deleted. He presented a petition, representing 567 of adjacent property owners, objecting to one block of alley from Drexel Avenue to Vernon Avenue between Home Park Boulevard and Kingsley Avenue. Laurence R. Hare, 200 Bertch Street, stated the adjacent Property owners on Martha Street, from Williston Avenue to Forest Avenue, would like this paved, but if not paved this year they wanted it in the oiling program. He was informed this street was in the oiling program. Moved by Roehr, seconded by Bowers that the above objections be re- ceived and placed on file. Motion carried. 69917 - Councilman Roehr questioned why Hammond Avenue should be deleted, was told it was due to the cost, and it was pointed out that later the City could be asked to oil this street at City's cost. Moved by Getty, seconded by Wilharm that "Resolution overruling the objections to Hammond Avenue and sustaining the objections to Alley from Drexel Avenue to Vernon Avenue between Home Park Boulevard and Kingsley Avenue in the 1976 Oiling Program", be adopted. Ayes: Five. Absent: Dowie and Lichty. Resolution adopted and upon ap- proval by Mayor, assigned No. 24535. 69918 Moved by Bowers, seconded by Roehr that "Resolution amending the Proposed Resolution of Necessity (No. 24524) by deleting the Alley from Drexel Avenue to Vernon Avenue between Home Park Boulevard and Kingsley Avenue from the 1976 Oiling Program", be adopted. Ayes: Five. Absent: Dowie and Lichty. Resolution adopted and upon ap- proval by Mayor, assigned No. 24536. 69919 - Moved by Getty, seconded by Wilharm that "Resolution of as amended, for oiling various streets, avenues, drives yards, alleys, etc. or portions thereof, in the City of under the Oiling Program for the Year 1976", be adopted Absent: Dowie and Lichty. Resolution adopted and upon Mayor, assigned No. 24537. 69920 - Moved by Getty, seconded by Roehr oiling of various streets, avenues alleys, etc. or portions thereof, designed in Resolution No. 24537, as amended, adopted May 10, 1976", Dowie and Lichty. Resolution adop assigned No. 24538. Necessity, , roads, boule- Waterloo, Iowa, . Ayes: Five. approval by that "Resolution directing the , drives, roads, boulevards and in the City of Waterloo, Iowa, as being the Resolution of Necessity, be adopted. Ayes: Five. Absent: ted and upon approval by Mayor, - 2 - 69921 - Mayor Rooff recognized Boy Scout Troop 29 from Castle Hill School. 69922 Mayor Rooff reported the City had received notification from the State Comptroller that the 1977 Fiscal Budget was $88,262 over limit and requested Council authority to file for a hearing before the State Appeal Board. Moved by Bowers, seconded by Roehr that the above request be received, placed on file, approved and granted. Motion carried. 69923 - Councilman Geiger presented the City Engineer's letter of 6/4/74 to Laurence R. Hare on paving petition for Martha Street. Moved by Geiger, seconded by Getty that the above communication be received, placed on file and referred to the City Engineer with a report back on May 17, 1976. Motion carried. 69924 - Robert Alexander requested a sewer extension to Airline Motel. Moved by Bowers, seconded by Roehr that the above request be recieved, placed on file and referred to the City Engineer with a report back on May 17, 1976. Motion carried. 69925 - City Engineer Radue presented a petition from Taylor Dee Baker, 1249 Columbia Street, et al, objecting to oiling of 1200 block of Columbia Street and W.C.F.N. Drive from Ackermant Street to Lincoln Street, and reported these streets were not in the 1976 Oiling Program. Moved by Bowers, seconded by Getty that the above petition be re- ceived and placed on file. Motion carried. 69926 - Moved by Roehr, seconded by Wilharm that request from Langlas & Associates, Inc. for permission to construct one 20' commercial curb cut for a dental office clinic at 3308 Kimball Avenue, as shown on attached print, 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 there- with. Motion carried. 69927 - Moved by Geiger, seconded by Getty that request from Wendell Lockard Construction, Inc. for permission to construct one 35' commercial curb cut on Ridgeway Avenue for G.S.A. Building at 110 Plaza Circle, as shown on attached plat, and 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 there- with. Motion carried. 69928 - Moved by Roehr, seconded by Geiger that City Treasurer's Financial Report for April, 1976, showing Balance on Hand on 4/1/76 $11,532,439.63, Receipts $2,940,367.07, Disbursements $1,941,106.89, Balance on Hand 4/30/76 $12,531,699.81, be received and placed on file. Motion carried. 69929 - Under Council Action #69893 of 5/3/76 the Memorandum of Working Agreement with Municipal Employees' Local Union No. 1127, was received and placed on file. Moved by Bowers, seconded by Roehr that "Resolution approving the Memorandum of Working Agreement between Mayor and Council of City of Waterloo, Iowa and Municipal Employees' Local Union No. 1127, affili- ated with Laborers International Union of North America, AFL-CIO, and authorizing the Mayor to sign and execute same in behalf of the City of Waterloo, Iowa", be adopted. Ayes: Five. Absent: Dowie and Lichty. Resolution adopted and upon approval by Mayor, assigned No. 24539. 69930 - Moved by Getty, seconded by Bowers that construction plans for sani- tary sewer facilities serving Hammond Hills Third Addition submitted by Black Hawk Development Corporation with Treatment Agreement FoLui C 9/75 for Department of Environmental Quality, and City Engineer's recommendation for approval with final acceptance of plans subject to acceptance by said Department, be received, placed on file, recom- mendations approved and Mayor and Clerk authorized to execute said Agreement Form. Motion carried. May 10, 1976 - 3 - 69931 - Moved by Geiger, seconded by Bowers that Change Order No. 2 (final) for a decrease in cost of $2,242.74 for West Park Avenue Area Paving, Sewers and Incidentals,jvestfield-Virden Urban Renewal Project Iowa R-7, Contract No. 147, Cedar Valley Corporation, Contract- ors, and Community Development Administrator's recommendation for approval, be received, placed on file, approved and Mayor and Clerk authorized to execute same. Ayes: Five. Absent: Dowie and Lichty. Motion carried. 69932 - Moved by Geiger, seconded by Getty that Change Order No. 3 for an additional cost of $1,987.12 for water and sewer investigations and repairs for 1975 Paving Program, Contract No. 135, performed by Cedar Valley Corporation, and City Engineer's recommendation for approval, be received, placed on file, approved and Mayor and Clerk authorized to execute same. Ayes: Five. Absent: Dowie and Lichty. Motion carried. 69933 - Moved by Roehr, seconded by Geiger that "An Ordinance amending the State Plumbing Code which was adopted by the City of Waterloo under Ordinance No. 2646 by repealing Section 6, Time and Place of Meetings, of Article XVII, Board of Plumber Examiners, and enacting in lieu thereof a new Section 6, Time and Place of Meetings, of Article XVII, Board of Plumber Examiners", be considered and passed for first time. Ayes: Five. Absent: Dowie and Lichty. Motion carried. 69934 - Moved by Bowers, seconded by Geiger that the proposed Garbage and Trash Ordiance be amended by adding under Section 16-8 a Subsection (e) "All fees shall be waived for any dwelling unit with annual gross income of less than $6,000". Ayes: Bowers, Geiger, Getty, Roehr. Nays: WilhaLm. Absent: Dowie and Lichty. Motion carried. 69935 - Moved by Roehr, seconded by Bowers that "An Ordinance repealing Chapter 16, Garbage and Trash, of the Code of Ordinances, City of Waterloo, Iowa, and enacting in lieu thereof new Chapter 16, Garbage and Refuse", be considered and passed for the first time. Ayes: Bowers, Geiger, Getty, Roehr. Nays: Wilharm. Absent: Dowie and Lichty. Motion carried. 69936 - Moved by Getty, seconded by Bowers that communication from Community Development Administrator, transmitting proposed resolu- tion approving a certain Proclaimer Certificate and recoimnending approval, be received, placed on file and "Resolution approving the Proclaimer Certificate relative to technical specifications con- formance with local standards or standards necessary to support Urban Renewal objectives for project improvements", adopted. Ayes: Five. Absent: Dowie and Lichty. Resolution adopted and upon ap- proval by Mayor, assigned No. 24540. 69937 - Moved by Roehr, seconded by Getty that Estimate #k1 Report for Con- tract No. 154, with Community Development Board's recommendation for approval, be received, placed on file and "Resolution approv- ing Report for work and materials furnished by Irving F. Jensen Co., Inc. for Chautauqua Park Area, Stage II, Westfield -Virden Urban Renewal Project Iowa R-7, Contract No. 154, and certifying payment accordingly", adopted. Ayes: Five. Absent: Dowie and Lichty. Resolution adopted and upon approval by Mayor, assigned No. 24541. 69938 - Moved by Geiger, seconded by Getty that Estimate #9 Report for Con- tract No. 150, with Community Development Board's recommendation for approval, be received, placed on file and "Resolution approving Re- port for work and materials furnished by Irving F. Jensen Co., Inc., for River Road, Stage II, Contract No. 150, and certifying payment accordingly", adopted. Ayes: Five. Absent: Dowie and Lichty. Resolution adopted and upon approval by Mayor, assigned No. 24542. 69939 - Moved by Getty, seconded by Roehr that Estimate #6 Report for Con- tract No. 94, with Community Development Board recommendation for approval, be received, placed on file and "Resolution approving Es- timate #6 Report for work and materials furnished by Service Con- struction Co., Contractors, for Dry Run Creek Retaining Wall and Dike Modifications in Liberty Park, Contract No. 94, and certifying pay- ment accordingly", adopted. Ayes: Five. Absent: Dowie and Lichty. Resolution adopted and upon approval by Mayor, assigned No. 24543. May 10, 1976 - 4 - 69940 - Moved by Getty, seconded by Bowers that statement from Thorson- Brom-Broshar-Snyder, Architects, for Conway Civic Center, and City Engineer's recommendation for approval, be received, placed on file and "Resolution accepting the statement dated 4/12/76 from Thorson-Brom-Broshar-Snyder, Architects, for Architectural Services for Interior Design, Furnishings and Graphics for Conway Civic Center, and authorizing payment accordingly", adopted. Ayes: Five. Absent: Dowie and Lichty. Resolution adopted and upon approval by Mayor, assigned No. 24544. 69941 - Moved by Getty, seconded by Bowers that statement from Thorson- Brom-Broshar-Snyder, Architects, for Conway Civic Center, and City Engineer's recommendation for approval, be received, placed on file and "Resolution accepting the statement dated 4/12/76 from Thorson-Brom-Broshar-Snyder, Architects for Architectural Services for Acoustical Work for Conway Civic Center, and authorizing payment accordingly", adopted. Ayes: Five. Absent: Dowie and Lichty. Resolution adopted and upon approval by Mayor, assigned No. 24545. 69942 - Moved by Getty, seconded by Bowers that statement from Thorson- Brom-Broshar-Snyder, Architects, for Conway Civic Center, and City Engineer's recommendation for approval, be received, placed on file and "Resolution accepting the statement dated 4/12/76 from Thorson- Brom-Broshar-Snyder, Architects, for Architectural Services for Food Facilities Design for Conway Civic Center, and authorizing payment accordingly", adopted. Ayes: Five. Absent: Dowie and Lichty. Resolution adopted and upon approval by Mayor, assigned No. 24546. 69943 - Moved by Getty, seconded by Bowers that statement from Thorson- Brom-Broshar-Snyder, Architects, for Conway Civic Center Site Development, and City Engineer's recommendation for approval, be received, placed on file and "Resolution accepting the state- ment dated 4/12/76 from Thorson-Brom-Broshar-Snyder, Architects, for Architectural Services for Site Development, Signage and Land- scaping for Conway Civic Center, and authorizing payment according- ly", adopted. Ayes: Five. Absent: Dowie and Lichty. Resolution adopted and upon approval by Mayor, assigned No. 24547. 69944 - Moved by Getty, seconded by WilhaLtn that "Resolution, BILLS, Schedule "A", be adopted. Ayes: Five. Absent: Dowie and Lichty. Resolution adopted and upon approval by Mayor, assigned No. 24548. 69945 - Moved by Getty, seconded by Wilharm that "Resolution, BILLS, Schedule "B", be adopted. Ayes: Five. Absent: Dowie and Lichty. Resolution adopted and upon approval by Mayor, assigned No. 24549. 69946 - Moved by Bowers, seconded by Roehr that Brice, Petrides and Assoc- iates, Inc., Engineers, Waterloo, Iowa, be instructed to prepare proposed plans and specifications, foLw of proposal, form of contract and bond, and estimated cost for the demolition and construction of the Sans Souci Bridges, Contract No. 11. Motion carried. 69947 - Moved by Geiger, seconded by Bowers that the communication from the Community Development Administrator, transmitting the plans and spec- ifications, foLan of contract, estimate of cost, etc. as submitted by Brice, Petrides & Associates, Inc. for the demolition and construct- ion of Sans Souci Bridges, Bridge Contract No. 11, be received, placed on file and "Resolution preliminarily approving plans and specifications, form of contract, estimate of cost, etc. for the Demolition and Reconstruction of Sans Souci Bridges, Bridge Contract No. 11", adopted. Ayes: Five. Absent: Dowie and Lichty. Resolution adopted and upon approval by Mayor, assigned No. 24550. 69948 - Moved by Wilharm, seconded by Getty that the City Clerk be instructed to publish the notice of public hearing on plans and specifications for the demolition and reconstruction of the Sans Souci Bridges, Bridge Contract No. 11, and the Taking of Bids for the improvement, said date being set as June 7, 1976 at 7:00 P.M.. Motion carried. 69949 - Moved by Wilharm, seconded by Getty that the Clerk be instructed to publish the Notice to Contractors or Invitation for Bids for Demolition and Reconstruction of Sans Souci Bridges, Westfield - Virden Urban Renewal Project R-7, Bridge Contract No. 11, to be opened on June 7, 1976 at 7:00 P.M. in City Hall. Motion carried. May 10, 1976 - 5 - 69950 - Moved by Bowers, seconded by Roehr that "Resolution of Necessity to institute emergency proceedings for the replacement of parts and repairs to the Air Conditioning Unit in City Hall", be adopted. Ayes: Five. Absent: Dowie and Lichty. Resolution adopted and upon approval by Mayor, assigned No. 24551. 69951 - Moved by Getty, seconded by Bowers that the Certificate certifying the necessity of emergency replacement of parts and repairs to the Air Conditioning Unit in City Hall, dated 5/3/76, from Gilmore & Doyle, Professional Consulting Engineers, be received and placed on file. Motion carried. 69952 - Moved by Geiger, seconded by Bowers that the bid of Star Refrigera- tion, Inc., be received, placed on file, accepted and "Resolution approving the acceptance of the bid of Star Refrigeration, Inc., Waterloo, Iowa, in a total amount not to exceed $21,627.00 for the parts and repairs to the Air Condition Unit in City Hall", adopted. Ayes: Five. Absent: Dowie and Lichty. Resolution adopted and upon approval by Mayor, assigned No. 24552. 69953 - Moved by Roehr, seconded by Bowers 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: Acting Building Official to 61st Annual Conference of Building Of- ficials and Code Administrators International, Inc., Atlanta, Georgia, June 12 thru 18, 1976, $582.00. Ayes: Five. Absent: Dowie and Lichty. Motion carried. 69954 - Moved by Bowers, seconded by Geiger that the following application and bond for Auto Salvage Yard License, be received, placed on file, approved and granted subject to requirements of the ordinance govern- ing same: August G. Rothmeier, Short and Franklin Streets. Motion carried. 69955 - Moved by Roehr, seconded by Getty that communication from Robert D. Fulton, Atty. for Local 838 of the United Auto Workers, requesting transfer of said Local's Beer and Liquor license from 515 Rainbow Drive to Cattle Congress Grounds, also known as Waterloo Auditorium, for a 24 hour period from 6:00 A.M. July 10, 1976 to 6:00 A.M. July 11, 1976, be received, placed on file and "Resolution approving transfer of Beer and Liquor License of Local 838 of the United Auto Workers to Cattle Congress Grounds, also known as Waterloo Auditor- ium, for a 24 hour period from 6:00 A.M. July 10, 1976 to 6:00 A.M. July 11, 1976", adopted. Ayes: Five. Absent: Dowie and Lichty. Resolution adopted and upon approval by Mayor, assigned No. 24553. 69956 - Moved by Bowers, seconded by Getty that the following applications for Beer Permit and Beer and Liquor Licenses, be received, placed on file and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer - Class C Vern C. Early dba Beer and Liquor Class A Amvet Home, Class C Alex Bostinelos dba Packer's Inn, 201 Rath Lawrence C. Seals dba Seal's Cozy Inn. 710 Sunday Sales - Beer and Liquor - Class C Lawrence C. Seals dba Seal's Cozy Inn, 710 Motion carried. Vern's Fruit Market, 1011 Franklin Street Inc., 32 Lafayette Street 69957- Moved by Getty, seconded by Roehr that the for 1976-1977 Scavenger Licenses to expire by the Sanitation Department, be received, granted: Street Logan Avenue Logan Avenue following applications May 1, 1977, approved placed on file and Satellite Industries, Inc., 5100 8th Avenue, Marion, Iowa Jim's Sewer Service, 317 2nd Street, Washburn, Iowa Motion carried. May 10, 1976 - 6 - 69958 Moved by Getty, seconded by Bowers that the applications and fees of Steven C. Nirk, 345 Normandy Street, and Mary Elizabeth Kammeier, 209 West 5th Street, for taxicab driver's permits, be received, placed on file and approved. Motion carried. 69959 - Moved by Getty, seconded by Bowers that the application of Zilch, Ltd. dba Corner Tap for permission to sell cigarettes at 108 Jefferson Street, be received, placed on file and granted. !lotion carried. 69960 - Moved by Getty, seconded by Geiger that the following applications for dance licenses, be received, placed on file and approved: Nicholas J. Zegarac (Zilch Ltd.) dba Corner Tap, 108 Jefferson Street Erwin Paul Nuss dba Inn Touch Lounge, 1445 Sycamore Street Motion carried. 69961 - Moved by Geiger, seconded by Getty that the report of City Attorney and list of bonds filed with Clerk through 5/10/76, be received, placed on file and approved. Motion carried. 69962 - Moved by Roehr, seconded by Bowers that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk May 10, 1976