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HomeMy WebLinkAbout07/19/1976July 19, 1976 The Council of City of Waterloo, Iowa, met in Regular Session in Council Chambers in City Hall at 7:00 P.M. on July 19, 1976. Mayor Rooff in the Chair. On roll call, Present: Bowers, Geiger, Getty, Lichty, Roehr and Wilharm. Absent: Dowie. Invocation by Councilman Geiger. 70358 - Moved by Roehr, seconded by Wilharm that the Agenda, as proposed, for the Regular Session of July 19, 1976 at 7:00 P.M., be accepted and ap- proved. Motion carried. 70359 - Moved by Bowers, seconded by Roehr that the Minutes of the Regular Ses- sion held July 12, 1976 at 7:00 P.M. as corrected and Special Session of July 15, 1976 at 11:00 A.M., be approved. Motion carried. 70360 Moved by Wilharm, seconded by Lichty that the proof of publication of notice of public hearing on plans, specifications, proposed form of contract, etc. for the Westfield -Virden Urban Renewal Project for con- struction of Falls Avenue Area Street Improvements; Sewers and Inciden- tals, Phase II, Contract No. 158, and the taking of bids for said im- provements, be received and placed on file. Motion carried. 70361 - The Mayor called for oral and written objections and there were none. Moved by Geiger, seconded by Bowers that "Resolution confirming the ap- proval of the plans, specifications, etc. for the Falls Avenue Area Street Improvements, Sewers and Incidentals, Phase II, Contract No. 158", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 24658. 70362 - Moved by Roehr, seconded by Getty that "Resolution ordering the construc- tion of Falls Avenue Area Street Improvements, Sewers and Incidentals, Phase II, Contract No. 158", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 24659. 70363 - Moved by Getty, seconded by Wilharm that proof of publication of notice to contractors or invitation for bids for construction of Falls Avenue Area Street Improvements, Sewers and Incidentals, Phase II, Contract No. 158, be received and placed on file. Motion carried. 70364 - Moved by Wilharm, seconded by Roehr that the following bids be received, placed on file, Clerk instructed to open same, and bids referred to the Engineers for checking and report back: Amount of Check Name of Bidder Amount of Bid or Bid Bond Cedar Valley Corporation Waterloo, Iowa $716,956.76 10% Cedar Falls Construction Co., Inc. Cedar Falls, Iowa $706,938.88 10'/ Motion Carried. 70365 - Moved by Roehr, seconded by Wilharm that proof of publication of notice of public hearing on revised site development plan for Cedar Hills, Inc., east of Dysart Road and north of East Orange Road, upon request of Cedar Hills, Inc., upon Plan and Program Commission's recommendation and Council's own motion, as published in Waterloo Courier on 7/1/76, be re- ceived and placed on file. Motion carried. 70366 - The Mayor called for oral and written objections, and there were none. Moved by Wilharm, seconded by Roehr that "Resolution approving revised site development plan for Cedar Hills, Inc.", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 24660. 70367 - Moved by Roehr, seconded by Bowers that proof of publication of notice of public hearing to sell Disposal Parcel No. I -4(p) in Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, 18 Franklin Street, as pub- lished in Waterloo Courier on 6/17/76, to Fay Farley, be received and placed on file. Motion carried. 70368 - The Mayor called for oral and written objections, and there were none. Moved by Bowers, seconded by Wilharm that "A resolution approving the sale of Disposal Parcel No. I -4(p) in the Westfield -Virden Urban Re- newal Area, Project No. Iowa R-7, and authorizing the execution of the necessary contract for sale of land for private redevelopment and deed", be adopted. Ayes: Six. Absent: Bowie. Resolution adopted and upon approval by Mayor, assigned No. 24661. - 2 - 70369 Moved by Roehr, seconded by Lichty that proof of publication of notice of proposal to convey an Easement for railroad purposes over Crestwood Drive to Chicago, Rock Island and Pacific Railroad, as published in Waterloo Courier on July 1, 1976, be received, and placed on file. Motion carried. 70370 - The Mayor called for oral or written objections, and there were none. Moved by Roehr, seconded by Lichty that "Resolution approving and au- thorizing the conveyance of an Easement over Crestwood Drive, as pub- lished in Waterloo Courier on 7/1/76, to Chicago, Rock Island and Pa- cific Railroad for railroad purposes, and directing and authorizing the Mayor and Clerk to execute same", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 24662. 70371 Moved by Bowers, seconded by Roehr that proof of publication of notice of public hearing on revised site development plan for a Hardee's Res- taurant in Crossroads Center located NWly of Crossroads Boulevard and SWly of Sears Drive, upon request from Jonathan M. Hart for Hardee's Food Systems, Inc., upon recommendation of Plan and Program Commission and Council's own motion, as published in Courier on 7/1/76, be re- ceived and placed on file. Motion carried. 70372 - Moved by Wilharm, John Fister, Atty. Program Director, revised site plan approved. Motion seconded by Lichty that two communications, one from for Hardee's Restaurant and the other from Plan and requesting deletion of public hearing on Hardee's from 7/19/76 agenda, be received, placed on file and carried. 70373 Gil Frye, 1406 Mulberry Street, reported the vacant house at 400 Elm Street owned. by Robert Mason was still in the state of disrepair, with a dead tree and weeds in the yard, and a delapidated garage, that the area residents felt 60 days more should be sufficient time to put this property back in liveable condition. Mayor Rooff said the City Forester and Sanitation Director would check and he would have an answer in the next several days. 70374 - Mary Dickens and Walter Clark complained of backed up sewers and flooded basements in 1400 block of Mulberry Street and asked City to flush sewers in the area. Mayor Rooff reported the City had a regular program and he would have Sewer Department to check on this. 70375 - Dick Anderson, 2901 Mulberry Street, reported in moving a house last week from Westfield -Virden Urban Renewal area, he had trouble and ad- ditional expense caused by late arrival of Police and City Electrician, who had been notified by letter of the moving, and felt he was being blocked from moving several houses. Mayor Rooff said he would check in- to this. 70376 - Keith Shepard, 3041 Ranchero Road, offered to board dogs, and Mayor stated a research was being made at this time, that the Humane Society charged a flat fee and kept the dogs up to seven days. 70377 - Councilman Wilharm asked that C.N.W.R.R. Co. be contacted to repair cross- ing on West Fourth Street, Mayor Rooff said he would urge them to do so and that I.C.R.R. was working on theirs. 70378 - The Engineers recommended acceptance of low bid of Cedar Falls Construct- ion Co., Inc. of Cedar Falls, Iowa in amount of $706.938.88, for Falls Avenue Area Street Improvements, Sewers and Incidentals, Phase II, Con- tract No. 158. Moved by Roehr, seconded by Bowers that the above recommendation be re- ceived, placed on file and "Resolution accepting bid of Cedar Falls Construction Co., Inc. in amount of $706,938.88 for Falls Avenue Area Street Improvements, Sewers and Incidentals, Phase II, Contract No. 158", adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon ap- proval by Mayor, assigned No. 24663. 70379 - Moved by Roehr, seconded by Geiger that request from John Deere Waterloo Tractor Works for permission to construct one 25' commercial entrance, with 30' radius, on Westfield Avenue for construction of Building 1010 Access Road, and City Engineer's recommendation for approval subject to the provisions of his letter, be received, placed on file, recommenda- July 19, 1976 3 70379 - (Continued) tions approved and permission granted in accordance therewith. Motion carried. 70380 - Councilman Getty disagreed on 35 mph speed limit on River Road and felt 45 mph would be more adequate. Moved by Geiger, seconded by Bowers that report of Sign and Traffic Maintenance Department, recommending (1) Speed limit on River Road from West Mullan Avenue to Conger Street be set at 35 mph, and (2) No park- ing on either side of River Road from West Mullan Avenue to West Conger Street, be received, placed on file, said 35 mph Speed limit approved, said No parking having been previously approved, and the City Attorney instructed to submit ordinance. Motion carried. 70381 - Under Council Action #70333 of 7/12/76 action was deferred on the revised Affirmative Action Program. Moved by Getty, seconded by Roehr that "Resolution approving the revised Affirmative Action Program", be adopted. Ayes: Bowers, Geiger, Getty, Roehr. Nays: Lichty and Wilharm. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 24664. Councilman Wilharm stated he felt the City had every right to have a good Affirmative Action Program but he didn't believe the City could dictate to firms doing business with City. 70382 Under Council Action #70322 of 7/12/76 it was suggested future signs placed on the private roads in mobile home parks be paid by the owners, and the City Engineer was instructed to research the number of all existing private streets. He reported 80 existing mobile home park streets and 60 existing private streets and intersections, and recom- mended the City pay for those as there was no specific ordinance gov- erning who pays for street signs, but on new private streets the City continue to charge. Mayor Rooff stated the city required the Signs and based on that he recommended the City continue to put them on. Councilman Getty stated the City should have a policy, that either the City puts them on or the owners. Moved by Wilharm, seconded by Getty that the above City Engineer's re- port be received, placed on file and City Attorney instructed to submit an ordinance that the City install street signs on private streets when the City orders the installation. Motion carried. 70383 - Moved by Bowers, seconded by Getty that communication from Community Development Administrator, transmitting an Agreement dated 7/7/76 with Waterloo Railroad Company granting permission to City to construct a 12" storm sewer line underneath tracks which cross Vaughn Street near Westfield Avenue as part of Falls Avenue Area Phase II project, and recommending approval, be received, placed on file, approved and "Res- olution accepting an Agreement with the Waterloo Railroad Company and authorizing the Mayor and City Clerk to execute the same on behalf of the City of Waterloo", adopted. Ayes: Six. Absent: Dowie. Reso- lution adopted and upon approval by Mayor, assigned No. 24665. 70384 - Moved by Getty, seconded by Geiger that Contract and Bond with John G. Miller Construction Co. in the amount of $45,718,00 + 510 sq. ft. for removal and replacement with new 12" roof insulation for Rennova- tion of Roof and Penthouse, City Hall, 715 Mulberry Street, be received, placed on file and "Resolution approving the Contract and Bond of John G. Miller Construction Co. for Rennovation of Roof and Penthouse, City Hall", adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 24666. 70385 - Moved by Roehr, seconded by Wilharm that construction plans for private sanitary sewer line to serve Court Sports, Inc., together with Treat- ment Agreement Form C 9/75 with Department of Environmental Quality, and City Engineer's recommendation for approval with final acceptance of plans to be reviewed and accepted by said Department, be received, placed on file, recommendations approved and Mayor and Clerk authorized to execute said Agreement Form. Motion carried. 70386 - Moved by Bowers, seconded by Lichty that construction plans for the sanitary sewerage facilities serving Timberline Patio Homes, together July 19, 1976 4 70386 - (Continued) with Treatment Agreement Form C 9/75 with Department of Environmental Quality, and City Engineer's recommendation for approval with final acceptance of plans to be reviewed and accepted by said Department, be received, placed on file, recommendations approved and Mayor and Clerk authorized to execute said Agreement Form. Motion carried. 70387 Moved by Getty, seconded by Roehr that communication from Community Development Administrator, transmitting a proposed resolution for public offering, and outlining procedure for sale of land by this dis- posal method, be received, placed on file and "Resolution authorizing a public offering for the disposal of land in the Westfield -Virden Urban Renewal Project No. Iowa R-7", adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, aasigned No. 24667. 70388 Moved by Roehr, seconded by Bowers that communication from Community Development Administrator, transmitting proposed resolution establish- ing fair reuse value and recommending approval, be received, placed on file and "Resolution establishing revised fair reuse value for certain parcels to be disposed of in the Westfield -Virden Urban Renewal Area, Project Iowa R-7", adopted. Ayes: Bowers, Geiger, Getty, Roehr and Wilharm. Nay: Lichty. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 24668. 70389 Moved by Roehr, seconded by Getty that communication from Community Development Administrator, transmitting proposed resolution establishing fair reuse value and recommending approval, be received, placed on file and "Resolution establishing fair reuse value for certain parcels to be disposed of in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7", adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 24669. 70390 Moved by Bowers, seconded by Roehr that communication from Community Development Administrator, transmitting proposed resolution rescinding Resolution No. 24564 and re-establishing fair reuse value and recom- mending approval, be received, placed on file and "Resolution rescind- ing Resolution No. 24564 adopted May 17, 1976 and reestablishing fair reuse value for certain parcels to be disposed of in the Westfield - Virden Urban Renewal Area, Project Iowa R-7", adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assign- ed No. 24670. 70391 Moved by Getty, seconded by Wilharm, that communication from Community Development Administrator, transmitting proposed resolution establish- ing fair reuse value and recommending approval, be received, placed on file and "Resolution establishing fair reuse value for certain par- cels to be disposed of in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7", adopted. Ayes: Six. Absent: Dowie. Reso- lution adopted and upon approval by Mayor, assigned No. 24671. 70392 - Moved by Roehr, seconded by Getty that the offer of Fuel Oil Service Company to purchase Disposal Parcel No. H-3 in Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, 105 Jefferson Street, for the sum of $6,500 for parking lot purposes, and approval report of Community Development Board, be received, placed on file, "A resolution authoriz- ing the sale of Disposal Parcel No. H-3 in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7", adopted and hearing set for August 23, 1976 at 7:00 P.M.. Ayes: Six. Absent: Dowie, Resolution adopted and upon approval by Mayor, assigned No. 24672. 70393 - Russell Burt, Chairman of Mayor's Safety Committee, spoke in support of the proposed 1976 New Sidewalk Program, briefly outlined the priorities for selecting new sidewalks, emphasized safety of children was highest priority and recommended the entire prog-am. Richard Price stated the three criteria were children, handicapped and elderly, and thanked the City Engineer, Fire, Traffic and Police Departments for their help. Theola Jay quoted "Safety is a condition or state of being resulting from the modification of human behavior and/or designing of the physical environment to reduce the possibility of hazards, thereby reducing ac- cidents". A discussion followed on proposed streets and progress being made. July 19, 1976 - 5 70393 - (Continued) Councilman Getty objected to sidewalks in Greenbrier Addition. Jerry Burton, 305 Greenbrier Road, stated 100% and 907 petitions against had been filed, and cost of mailing notices would not be justified. Mayor Rooff commented he never has asked the Council to vote against the wishes of the people, that the Council people representing the ward should vote according to the people's wishes and the rest of the Council as they felt. Bill O'Connor, OSHA and Safety Consultant of the School System, reported the legislature mandated the schools must teach pedes- trian, bicycle and automobile safety and without sidewalks how could the children be taught. Bonnie Pauling opposed the Greenbrier Addition sidewalks as this was a deadend area with no heavy traffic and Councilman Roehr stated when safety was involved, the children couldn't be put in the same category. Moved by Wilharm, seconded by Bowers that the communication from Russell Burt, Chairman of Mayor's Safety Committee and Theola Jay's safety definition be received and placed on file. Motion carried. 70394 - Moved by Lichty, seconded by Getty that the Greenbrier Addition side- walks be deleted from the 1976 New Sidewalk Program, and City Engineer instructed to prepare plans, specifications, estimate of cost, etc. for said Program and "Resolution Designating the Engineer for the 1976 New Sidewalk Program, Contract No. 44", adopted. Ayes: Getty and Lichty. Nays: Bowers, Geiger, Roehr and Wilharm. Absent: Dowie. Resolution not adopted. 70395 - Moved by Wilharm, seconded by Roehr that the City Engineer be instructed to prepare pians, specifications, estimate of cost, etc. for the 1976 New Sidewalk Program and "Resolution Designating the Engineer for the 1976 New Sidewalk Program, Contract No. 44", adopted, Ayes: Bowers, Geiger, Roehr and Wilharm. Nays: Getty and Lichty. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 24673. 70396 Moved by Roehr, seconded by Bowers that "Preliminary Resolution for the construction of sidewalk improvements, 1976 New Sidewalk Program, Con- tract No. 44", be adopted. Ayes: Bowers, Geiger, Roehr and Wilharm. Nays: Getty and Lichty. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 24674. 70397 Moved by Bowers, seconded by Roehr that "Resolution fixing values of lots for the 1976 New Sidewalk Program, Contract No. 44", be adopted, Ayes: Bowers, Geiger, Roehr and Wilharm. Nays: Getty and Lichty. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 24675. 70398 Moved by Roehr, seconded by Wilharm that the City Engineer's plans, specifications, form of contract and bond, plats, schedule of proposed assessments and estimate of cost for the 1976 New Sidewalk Program, Con- tract No. 44, be received and placed on file. Motion carried. 70399 - Moved by Geiger, seconded by Bowers that "Resolution adopting prelimin- ary plat and schedule, estimate of cost and proposed plans and specifica- tions for the construction of 1976 New Sidewalk Program, Contract No. 44", be adopted. Ayes: Bowers, Geiger, Roehr and Wilharm. Nays: Getty and Lichty. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 24676. 70400 - Moved by Bowers, seconded by Wilharm that "Proposed Resolution of Neces- sity for the 1976 New Sidewalk Program, Contract No. 44", be adopted and date of hearing set as August 16, 1976. Ayes: Bowers, Geiger, Roehr and Wilharm. Nays: Getty and Lichty. Absent: Dowie. Resolu- tion adopted and upon approval by Mayor, assigned No. 24677. 70401 - Moved by Getty, seconded by Roehr that the City Engineer be instructed to prepare plans and specifications, form of contract, estimate of cost, etc. for the U.S. Highway 218 Resurfacing Program, Contract No. 156. Motion carried. July 19, 1976 - 6 - 70402 Moved by Roehr, seconded by Lichty that the plans and specifications, etc. for the U.S. Highway 218 Resurfacing Program, Contract No. 156, be received, placed on file and "Resolution preliminarily approving plans and specifications, form of contract, estimate of cost, etc. for the U.S. Highway 218 Resurfacing Program, Contract No. 156", a- dopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 24678. 70403 - Moved by Geiger, seconded by publish the notice of public U.S. Highway 218 Resurfacing of Bids for the improvement, 7:00 P.M.. Motion carried. Bowers that the Clerk be instructed to hearing on plans and specifications for Program, Contract No. 156, and the Taking said date being set as August 9, 1976 at 70404 - Moved by Roehr, seconded by Geiger that the following applications for taxicab driver's permits, be received, placed on file and granted: Beverly Simons, 109 Center Street and William Michael Jess, 1327 Jersey Lane. Motion carried. 70405 Moved by Lichty, seconded by Getty that application and fee of Kenneth Robert White, 526 Independence Avenue, for Massage Technician Permit, be received, placed on file and granted subject to the requirements of ordinance governing same. Motion carried. 70406 - Moved by Bowers, seconded by Lichty that the 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 - Class C Ruth Marsh dba Marsh's Gas & Grocery, 2243 Independence Avenue Beer & Liquor Class C Esther Mae Stokes dba Pzazz Lounge, 811 East Fourth Street Patricia A. Petra dba Shamrock Tap, 737 Logan Avenue Sunday Sales - Class C Beer and Liquor Esther Mae Stokes dba Pzazz Lounge, 811 East Fourth Street Motion carried. 70407 Moved by Getty, seconded by Lichty that seven (7) applications for per- mission to sell cigarettes at various locations in the City of Waterloo, be received, placed on file, approved and permits granted. Motion carried 70408 Moved by Geiger, seconded by Bowers that the report of City Attorney and list of bonds filed with Clerk through 7/19/76, be received, placed on file and approved. Motion carried. 70409 - Moved by Geiger, seconded by Getty that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk July 19, 1976