HomeMy WebLinkAbout08/09/1976August 9, 1976
The Council of City of Waterloo, Iowa, met in Regular Session in Council Cham-
bers in City Hall at 7:00 P.M., on August 9, 1976. Mayor Rooff in the Chair.
On roll call, Present: Bowers, Dowie, Geiger, Getty, Lichty, Roehr and Wilharm.
Absent: None. Invocation by Councilman Getty.
70501 - Moved by Roehr, seconded by Wilharm that the Agenda, as amended, for
the Regular Session of August 9, 1976 at 7:00 P.M., be accepted and
approved. Motion carried.
70502 - Moved by Wilharm, seconded by Geiger that the Minutes of the Regular
Session held August 2, 1976 at 7:00 P.M. and Special Meeting of
August 5, 1976 at 8:00 A.M., be approved. Motion carried.
70503 - Moved by Getty, seconded by Dowie that proof of publication of Notice
of Public Hearing on proposed plans, specifications, form of contract
and estimate of cost, etc. for U.S. Highway 218 Resurfacing Program
Contract No. 156, be received and placed on file. Motion carried.
70504 - The Mayor called for oral and written objections and there were none.
Moved by Geiger, seconded by Getty that "Resolution confirming approval
of plans, specifications, form of contract, estimated cost, etc. for
U.S. Highway 218 Resurfacing Program, Contract No. 156", be adopted.
Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned
No. 24705.
70505 - Moved by Getty, seconded by Bowers that "Resolution ordering the con-
struction of U.S. Highway 218 Resurfacing Program, Contract No. 156",
be adopted. Ayes: Seven. Resolution adopted and upon approval by
Mayor, assigned No. 24706.
70506 - Moved by Getty, seconded by Dowie that following bids be received,
placed on file, Clerk instructed to open same and referred to Engineers
for checking and report back:
Amount of Check
Bidder Amount of Bid or Bid Bond
Denman Phillips Cons., Co., Inc.,
Waterloo, Ia. $116,509.50 $12,000.00
Cedar Valley Corporation,
Waterloo, Ia. $168,485.00 10%
Assink Bros., Inc.,
Cedar Falls, Ia. $188,754.00 100
Motion carried.
70507 - Moved by Roehr, seconded by Wilharm that proof of publication of Notice
of Public Hearing on proposal to vacate All that part of Wilkins Street
not now vacated lying between Adams Street and Cottage Street, as pub-
lished in Waterloo Courier on July 29, 1976, be received and placed on
file. Motion carried.
70508 - The Mayor called for oral and written objections, and there were none.
Moved by Bowers, seconded by Roehr that "An Ordinance vacating All that
part of Wilkins Street not now vacated lying between Adams Street and
Cottage Street, in the City of Waterloo, Iowa", be considered and the
rules requiring ordinances to be considered and voted on at two prior
meetings, suspended, said Ordinance recorded as having been considered
and passed for first, second and third times, and now placed on its
final adoption. Ayes: Seven. Motion carried.
70509 - Moved by Wilharm, seconded by Bowers that "An Ordinance vacating All
that part of Wilkins Street not now vacated lying between Adams Street
and Cottage Street, in the City of Waterloo, Iowa", be adopted. Ayes:
Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2832.
70510 - Moved by Getty, seconded by Wilharm that "Resolution retaining a twenty
foot East-West Alley connecting the East-West Alleys of Block 7 and
Block 8 of Rosehill Addition, across vacated Wilkins Street", be adopted,
Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned
No. 24707.
70511 - Redonna Alexander orally requested that she be permitted to purchase
"All that part of Wilkins Street now vacated lying between Adams Street
and Cottage Street" for residential purposes.
Moved by Getty, seconded by Bowers that the above request, be received,
placed on file and if Redonna Alexander submits a reasonable and just
offer, a time and place be fixed for a public hearing to sell the
above described property to her. Ayes: Bowers, Geiger, Getty. Nays:
Dowie, Lichty, Roehr and Wilharm. Motion not carried.
70512 - Policy Procedure on sale of City owned property as established by
resolution was discussed and the Clerk instructed to research the
previous action taken by the Council.
Moved by Wilharm, seconded by Roehr that "Resolution fixing the time
and place of hearing and receiving of bids as September 7, 1976 at
7:00 P.M., in Council Chambers of City Hall on the proposal to sell
and convey "All that part of Wilkins Street now vacated lying between
Adams Street and Cottage Street" to the highest bidder", adopted and
Clerk instructed to publish notice of hearing. Ayes: Seven. Res-
olution adopted and upon approval by Mayor, assigned No. 24708.
70513 - Keith Shepard asked if the City had made a decision toward sheltering
animals at Black Hawk Kennels, and was informed this was still being
researched.
70514 - Moved by Roehr, seconded by Dowie that request of Ralph Walls, et al,
for the City of Waterloo to vacate, sell and convey all the east -west
alley located between Forrest and Hawthorne Avenue and west of West
Eleventh Street, as shown on attached plat, for 5c a square foot plus
costs, and Plan and Program Commission's recommendation for approval
with retention of a utility easement, be received, placed on file and
"Resolution fixing the time and place of hearing on the proposal to
vacate, sell and convey a certain alley in A. T. Whittle's 2nd Addition',
adopted, same being August 23, 1976, at 7:00 P.M.,in the Council Cham-
bers in City Hall and the Clerk instructed to publish notice of hear-
ing. Ayes: Seven. Resolution adopted and upon approval by Mayor,
assigned No. 24709.
70515 - The Engineers recommended acceptance of the low bid of Denman Phillips
Construction Co., Inc. of Waterloo, Iowa in the amount of $116,509.50
for the U. S. Highway 218 Resurfacing Program, Contract No. 156.
Moved by Dowie, seconded by Bowers that the above recommendation be
received, placed on file and "Resolution acceptin the bid of Denman
Phillips Construction Co., Inc. in the amount of $116,509.50, for
the U. S. Highway 218 Resurfacing Program, Contract No. 156", adopted,
subject to the approval of the Department of Transportation. Ayes:
Seven. Resolution adopted and upon approval by Mayor, assigned No.
24710.
70516 - Moved by Roehr, seconded by Geiger that request from Clair R. Smith
for permission to construct one 30' commercial curb cut at 1937-1953
Pinehurst Lane, to serve two 8-plex apartment buildings, as shown on
attached plat, and City Engineer's recommendation for approval subject
to the provisions of his letter, be received, placed on file, recom-
mendations approved and permission granted in accordance therewith.
Motion carried.
70517 - Moved by Geiger, seconded by Bowers that request from Peoples Bank
and Trust Company for permission to construct one 15° commercial curb
cut at 410 West Fifth Street, 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 therewith. Motion carried.
70518 - Moved by Getty, seconded by Lichty that request from Iz Krensky for
permission to construct two temporary concrete driveways at 1819
Pinehurst Lane without regard to sidewalk grade, together with $3.00
for recording waiver, and City Engineer's recommendation for approval
subject to the provisions of his letter, be received, placed on file,
approved and "Resolution granting permission to Iz Krensky and author -
August 9, 1976
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70518 - (Continued)
izing construction of two temporary concrete driveways at 1819 Pinehurst
Lane irrespective of a later official grade", adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 24711.
70519 - Moved by Geiger, seconded by Lichty that report of Sign & Traffic
Department with recommendation that (1) parking be taken off the
northwest side on West 17th, West 16th and West 15th Streets between
Jefferson Street and Commercial Street, and (2) parking be taken off the
northwest and southwest side of West 13th Street from Jefferson Street
to Commercial Street, be received, placed on file, recommendation ap-
proved, and City Attorney instructed to submit an ordinance according-
ly. Motion carried,
70520 - Moved by Roehr, seconded by Dowie that the Revenue Sharing Actual Use
Report, July 1, 1975 thru June 30, 1976, be received, placed on file,
approved and "Resolution directing the City Clerk to publish the notice
of Revenue Sharing Actual Use Report", adopted. Ayes: Seven. Resolu-
tion adopted and upon approval by Mayor, assigned No. 24712.
70521 - Moved by Getty, seconded by Bowers that the January 1, 1975 through
June 30, 1976 Annual Report of the Building Department, be received
and placed on file. Motion carried.
70522 - Moved by Roehr, seconded by Geiger that communication from City Engin-
eer, transmitting a Temporary Easement Agreement dated 8/9/76 for
borrow material for Stage VA of Local Flood Control Project, and rec-
ommending approval, be received, placed on file and "Resolution approv-
ing and accepting a Temporary Easement Agreement with Martin Marietta
Aggregates for Stage VA of Local Flood Control Project and authorizing
and directing the Mayor and City Clerk to execute the same", adopted.
Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned
No. 24713.
70523 - Moved by Dowie, seconded by Bowers that Construction Permit No. 76-578-
7 for Sanitary Sewer Extension for Court Sports, Inc. from the Depart-
ment of Environmental Quality, subject to certain conditions and re-
quirements, be received, and placed on file. Motion carried.
70524 Moved by Bowers, seconded by Roehr that following Change Orders #1,#2
and #3 for Orange Township Sanitary Sewer Improvement Project, Contract
No. 181, William R, Hennessey & Son, Inc., Contractors, and City Engin-
eer's recommendations for approval, be received, placed on file, approved
and Mayor and Clerk authorized and directed to execute same:
Change Order #1 - additional work at additional cost of $4,835,75;
Change Order #2 - deletion of asphalt resurfacing and addition of
oiling on subdivision street at decrease of
cost of $34,977.91;
Change Order #3 - additional work at additional cost of $6,651.90.
Ayes: Seven. Motion carried,
70525 - Moved by Roehr, seconded by Lichty that Change Order No. 5 for additional
work at additional cost of $110.00 performed by Cedar Valley Corporation
for 1975 Paving Program, Contract No. 135, and City Engineer's recom-
mendation for approval, be received, placed on file, approved and Mayor
and Clerk authorized to execute same. Ayes: Seven. Motion carried.
70526 - Moved by Dowie, seconded by Bowers that construction plans for storm
sewer and paving for Southdale Addition, and City Engineer's recom-
mendation for approval, be received, placed on file and approved. Mo-
tion carried.
70527 - Moved by Roehr, seconded by Lichty that communication from Plan and
Program Coumiission, transmitting construction plans for a proposed
mobile home park west of LaPorte Road (Highway 218) and north of East
Orange Road, area known as Southview Estates owned by Youngblut Con-
struction Company, Inc., together with application and fee for a license
to operate a mobile home park, and recommending approval, concurred by
the City Engineer, be received, placed on file and approved. Motion
carried.
August 9, 1976
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70528 - Moved by Geiger, seconded by Roehr that "Resolution transferring from
the Federal Revenue Sharing Fund the sum of Seventy one thousand five
hundred forty-one dollars and thirteen cents ($71„541.13) to the Sewer
Rental Fund", be adopted. Ayes: Seven. Resolution adopted and upon
approval by Mayor, assigned No. 24714.
70529 - Moved by Roehr, seconded by Bowers that "Resolution transferring from
the Federal Revenue Sharing Fund the sum of One hundred eighty thousand
eighty-one dollars and eighty seven cents ($180,081.87) to the General
Fund", be adopted, Ayes: Seven. Resolution adopted and upon ap-
proval by Mayor, assigned No. 24715.
70530 - Mayor Rooff reported that HUD allowed $1,500 toward legal fees, with
the City to pick up the balance, in the litigation with the Iowa Em-
ployment Security Commission who failed to construct a new office
building in a block bounded by East Fourth Street, Almond Street,
Iowa Street and Argyle Street after the City acquired the land at a
cost of $300,000 upon the Commission's request.
Moved by Wilharm, seconded by Roehr that communication from Community
Development Administrator, transmitting several bills in connection
with Iowa Employment Security Commission Lawsuit and requesting ap-
proval, be received, placed on file and "Resolution approving four
statements in connection with Iowa Employment Security Commission
Lawsuit, and authorizing payment accordingly", adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 24716.
70531 Moved by Getty, seconded by Lichty that statement from Brice, Petrides
& Associates, Inc. for Contract No. 153, and Community Development
Board request for approval and payment, be received, placed on file
and "Resolution approving statement dated 7/21/76 from Brice, Petrides
& Associates, Inc. for engineering services for Chautauqua Park Area
Paving, Sewers and Incidentals, Stage I, Contract No. 153, and author-
izing and certifying payment accordingly", adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 24717.
70532 - Moved by Roehr, seconded by Wilhatin that statement from Brice, Petrides
& Associates, Inc. for Contract No. 147, and Community Development
Board request for approval and payment, be received, placed on file
and "Resolution accepting the statement dated 7/20/76 from Brice, Pet-
rides & Associates, Inc., Engineers, for final engineering design
services for West Park Avenue Area Paving, Sewers and Incidentals,
Contract No. 147, and certifying and authorizing payment accordingly",
adopted. Ayes: Seven. Resolution adopted and upon approval by
Mayor, assigned No. 24718.
70533 - Moved by Roehr, seconded by Dowie that Completion Report of City Engin-
eer for Contract No. 181 with recommendation for approval, be received,
placed on file and "Resolution approving Completion Report of City En-
gineer as to work and materials furnished by William R. Hennessey & Son,
Inc. for Orange Township Sanitary Sewer Improvement Project, Contract
No. 181, and authorizing payment in full accordingly", adopted. Ayes:
Seven. Resolution adopted and upon approval by Mayor, assigned No.
24719.
70534 Moved by Bowers, seconded by Roehr that Final Pay Estimate Report of
Thorson-Brom-Broshar-Snyder, Inc., Architects, for Conway Square Civic
Center Sound Reinforcement System and City Engineer's recommendation
for approval, be received, placed on file and "Resolution approving the
Final Pay Estimate Report as to work and materials furnished by Com-
munications Engineering Co. for Conway Square Civic Center Sound Re-
inforcement System, accepting the work and authorizing payment accord-
ingly", adopted. Ayes: Seven. Resolution adopted and upon approval
of Mayor, assigned No. 24720.
70535 - Moved by Getty, seconded by Geiger that Estimate #9 Completion Report
of City Engineer for Contract No. 135 with recommendation for approval,
be received, placed on file and "Resolution approving Completion Report
of City Engineer as to work and materials furnished by Cedar Valley
Corporation for 1975 Paving Program, Contract No. 135, and authorizing
payment in full for the non -assessable portion accordingly", adopted.
Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned
No. 24721.
August 9, 1976
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70536 - Moved by Getty, seconded by Roehr that "Resolution
A", be adopted. Ayes: Seven. Resolution adopted
by Mayor, assigned No. 24722.
70537 - Moved by Getty, seconded by Roehr that "Resolution,
B", be adopted. Ayes: Seven. Resolution adopted
by Mayor, assigned No. 24723.
70538 - Moved by Roehr, seconded by Geiger that comm unication from City
Engineer reporting Gary Heinick is now a Registered Professional En-
gineer and should be officially appointed Assistant City Engineer,
effective immediately, be received, placed on file and appointment
approved. Motion carried.
70539 - Moved by Bowers, seconded by Dowie that communication from City Zoning
Commission submitting for republication and setting new date of hear-
ing a corected legal description to the request of the City of Water-
loo upon its own motion to rezone from "C-3" Commercial District to
"C-2" Commercial District certain property between East First Street
and East Third Street between Sycamore Street and Cedar River, being
All of Block 6 and the alley therein, all of Block 7, all of Fractional
Block 6, vacated East Second Street lying SWly of the SWly line of
Sycamore Street and vacated Water Street lying NWly of East Third
Street, all in the Original Plat of East Waterloo, for the purpose
of expediting the design and construction of a new post office, be
received, placed on file, new date of hearing set as September 7, 1976
at 7:00 P.M. and Clerk instructed to publish notice. Motion carried.
70540 - Moved by Bowers, seconded by Roehr that the following request for
permission to attend function, with expenses allowed not to exceed
amount shown, be received, placed on file and approved:
Conway Civic Center Manager to Iowa Gas Dealers Board of Directors
Meeting and ISEA Director meeting, Des Moines, Iowa, August 12 and 13,
1976, $165.00.
, Bills, Schedule
and upon approval
Bills, Schedule
and upon approval
Ayes: Seven. Motion carried.
70541 - Moved by Geiger, seconded by Dowie that the application and fee from
Metropolitan Patient Transfer Inc., 4304 Rownd Street, Cedar Falls,
for one Ambulance License, be received, placed on file and granted.
Motion carried.
70542 - Moved by Roehr, seconded by Getty that the following applications for
Beer Permits and Beer and Liquor Licenses, be received, placed on filed,
approved, and endorsed applications forwarded to the Iowa Beer and
Liquor Control Department:
Beer - Class B
Lee R. Smith dba Cliff's Supper Club, 106 Linn Street
Beer and Liquor
Class C
Bruce Spates dba The Dugout, Inc., 1125 West Donald Street
Sunday Sales - Beer and Liquor
Class C
Redell Walls dba The Living Room Lounge, 1428 East 4th Street
Motion carried.
70543 - Moved by Getty, seconded by Lichty that eleven (11) renewal applications
for permission to sell cigarettes at various locations, be received,
placed on file and granted. Motion carried.
70544 - Moved by Geiger, seconded by Bowers that report of City Attorney and
list of bonds filed with Clerk through 8/9/76, be received, placed on
file, and report and bonds as listed, approved. Motion carried.
70545 - Mayor Rooff reported the Black Hawk County Department of Court Services
and Community House Limited requested a meeting with the Council to
familiarize them with the correctional system in connection with a
halfway house in Waterloo and Monday, August 16, 1976 at 5:00 P.M.,
in City Ha17. was set as the time and place -of meeting.
70546 - Moved by Geiger, seconded by Dowie that the Council adjourn, Motion
carried.
Katherine Gibbs, City Clerk