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HomeMy WebLinkAbout10/11/1976October 11, 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 October 11, 1976. Mayor Rooff in the Chair. On roll call, Present: Bowers, Dowie, Geiger, Getty, Lichty, Roehr and Wilharm. Absent: None. Invocation by Councilman Wilhelm. 70848 - Moved by Dowie, seconded by Bowers that the Agenda, as amended, for the Regular Session of October 11, 1976 at 7:00 P.M., be accepted and ap- proved. Motion carried. 70849 - Moved by Roehr, seconded by Wilhaxue that the Minutes of the Regular Session held October 4, 1976 at 7:00 F.M.,be approved. Motion carried. 70850 - Moved by Roehr, seconded by Lichty that proof of publication of notice of public hearing on proposal to vacate a utility easement in Lots 52 and 65, Westbourne Terrace Second Addition, as published in Waterloo Courier on September 30, 1976, requested by David G. Gosden and Marjor- ie K. Gosden, be received and placed on file. Motion carried. 70851 - The Mayor called for written and oral objections, and there were none. Moved by Wilharm, seconded by Roehr that "An Ordinance vacating a utility easement located in Lots 52 and 65, Westbourne Terrace Second Addition, in the City of Waterloo, Iowa", be received, placed on file, consider- ed and passed for the first time. Ayes: Seven. Motion carried. 70852 - Moved by Getty, seconded by Lichty that the rules requiring ordinances to be received, placed on file, considered and voted on 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: Seven. Motion carried. 70853 - Moved by Roehr, seconded by Getty that "An Ordinance vacating a utility easement located in Lots 52 and 65, Westbourne Terrace Second Addition, in the City of Waterloo, Iowa", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2847. 70854 - Moved by Dowie, seconded by Bowers that proof of publication of notice of public hearing to vacate certain streets in the Chautauqua Park Area, as fully described in Waterloo Courier on September 30, 1976, re- quested by Community Development Board, be received and placed on file. Motion carried. 70855 - The Mayor called for written and oral objections and there were none. Moved by Bowers, seconded by Getty that "An Ordinance vacating streets in the City of Waterloo, Black Hawk County, Iowa, in order to expedite the redevelopment plan for the Westfield -Virden Urban Renewal Project Iowa R-7", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 70856 - Moved by Getty, seconded by Lichty that the rules requiring ordinances to be received, placed onfile, considered and voted on 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: Seven. Motion carried. 70857 - Moved by Roehr, seconded by Dowie that "An Ordinance vacating streets in the City of Waterloo, Black Hawk County, Iowa, in order to expedite the redevelopment plan for the Westfield -Virden Urban Renewal Project Iowa R-7", be adopted. Ayes: Seven. Ordinance adopted and upon ap- proval by Mayor, assigned No. 2848. 70858 - Moved by Roehr, seconded by Wilharm that Iowa Department of Transpor- tation Entrance Permit Application FOLm 640004 from Randall Wallace for peLmission to construct an 18' Type "C" Entrance to Iowa Highway No. 57 at Sta. 104+75, south side, 3/4 mile west from Jct. Highways No. 63 and No. 57, approximately 1199.5' east of west line of Sec. 11-89-13 (Burton Avenue), and City Engineer's recowmen.dation for ap- proval subject to the provisions of his letter, be received, placed on file, approved and Mayor authorized to sign said application. Motion carried. - 2 - 70859 - Moved by Dowie, seconded by Geiger that petition from Anna Schuler, 533 Conger Street, et al, property owners in 500-600-700-800 blocks of Conger Street, for better traffic control and street lighting on Conger Street between Broadway and Fairview Avenue, and City Engineer's report that input has been requested from City Electrician, Sign and Traffic Department, Building Inspection Department and Police Depart- ment, be received and placed on file, and City Engineer's report ap- proved. Motion carried. 70860 - City Engineer Radue presented the Electrical Inspector's report and Sign and Traffic Maintenance report, stating (1) Electrical Inspector Strohecker recommended one additional street light on the lot line of 518-522 Conger Street, and (2) the Sign and Traffic Maintenance De- partment couldn't find any reason to install any kind of a traffic con- trol device at the corner of Conger Street and Fairview Avenue and rec- ommended the yield signs be changed to stop signs on Conger Street from Broadway to Burton Avenue. Anna Schuler, Joe Ann Campbell and other area residents reported speed- ing up to 60 mph, cars parked in the 500 block of Conger Street being hit, pedestrians couldn't safely cross the street, and asked if traf- fic could be stopped all four ways for five seconds at Conger Street and Broadway. A discussion followed on more police protection for the area, espec- ially during the bad hours of 3:30 to 5:30 P.M., 9:00 to 11:00 P.M. and Friday and Saturday nights at 2:00 or 3:00 A.M.; also on left turn or stop signals on Broadway and Conger Street. Mayor Rooff ex- plained the City must follow procedure before spending money, a cost estimate was needed, specifications prepared, bids obtained, etc.. Moved by Wilhat�u, seconded by Dowie that the above reports be received, placed on file and the Police Department instructed to give extra sur- veillance to this area. Motion carried. 70861 - Under Council Action #70832 of 10/4/76, Denman Phillips, Contractor, was granted a seven day extension for submitting bond for the U. S. Highway 218 Resurfacing Program, Contract No. 156. City Engineer Radue reported Mr. Phillips could not secure the necessary bonds. Asst. City Attorney Kennedy stated the contract, specifications, no- tice and state law were clear that the City had no choice but to in- voke the provisions of the contract specifications relating to bid security and failure to enter into contract and must require the for- feiture of the bid security in 10% of the amount of the bid. City Engineer Radue recommended the Council declare Denman Phillips Con- struction Co., Inc. had not entered into contract and assess 10% of bid amount as liquidated damages. Mayor Rooff recouuuended (1) that all other bids be rejected, and (2) the Phillips bid security check be retained and further research made. Denman Phillips reported he had made a diligent effort to secure the bonds, was flatly refused and was now at the mercy of the Council. A discussion followed on considering the second highest bid, and Mayor Rooff advised it would be necessary to confer with the State as to more money readvertise and relet. He stated the question was whether to keep all of Mr. Phillip's bid security check or a portion of it. Moved by Roehr, seconded by Dowie that the above report for the U.S. Highway 218 Resurfacing Program, Contract No. 156, be received, placed on file and City Attorney instructed to proceed with further research. Motion carried. 70862 - Moved by Dowie, seconded by Bowers that City Treasurer's Financial Re- port for September, 1976, showing Balance on Hand on 9/1/76 $13,522, 104.29, Receipts $2,968,063.14, Disbursements $3,317,108.82, Balance on Hand 9/30/76 $13,173,058.61, be received and placed on file. Mo- tion carried. October 11, 1976 - 3 - 70863 - Mayor Rooff explained the sub -divider of Oleson Addition has a res- ponsibility to pay one-half of the paving of Bethel Street, but if one-half was paved at this time, the City would have problems until such time as the entire street was paved. In order for the sub-div- ider ubdiv- ider to comply with the ordinance requirments, the sub -divider has given the City a check for $8,850 in payment of one-half of the pav- ing whenever done in the future. Moved by Wilharm, seconded by Lichty that Final Plat of Oleson Ad- dition, with Engineer's Certificate of Survey, Deed of Dedication, Contract and Waivers, Report of City Engineer, check for $8,850 in lieu of improvements to Bethel Street, City Plan and Program Commiss- ion's resolution of approval and recommendation for Council approval, be received, placed on file and "Resolution approving the Final Plat of Oleson Addition, Waterloo, Iowa", adopted. Ayes: Seven. Resolu- tion adopted and upon approval by Mayor, assigned No. 24805. 70864 - Moved by Roehr, seconded by Wilharm that construction plans for the sanitary sewerage facilities serving Bronson Addition, together with Treatment Agreement Form C 9/75 for Department of Environmental Qual- ity, and City Engineer's recommendation for approval with final ac- ceptance of plans to be reviewed and accepted by said Department, be received, placed on file, recommendation approved and Mayor and Clerk authorized to execute said Agreement Form. Motion carried. 70865 - Moved by Dowie, seconded by Getty that construction plans for the san- itary sewer and concrete paving facilities serving Central Heights, II Addition, together with Treatment Agreement Form C 9/75 for Depart- ment 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, recomwendations approved and Mayor and Clerk authorized to execute said Agreement Form. Motion carried. 70866 - Moved by Roehr, seconded by Getty that "A resolution transferring from the Federal Revenue Sharing Fund the sum of Two hundred eighty thous- and four hundred seventy two dollars ($280,472.00) to the General Fund", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24806. 70867 - Moved by Dowie, seconded by Wilharm that Estimate # 1 Report for Con- tract No. 158, with Community Development Board's recommendation for approval, be received, placed on file and "Resolution approving Report for work and materials furnished by Cedar Falls Construction Company, Inc. for Falls Avenue Area Street Improvements, Sewers and Incidentals, Contract No. 158, and certifying payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24807. 70868 - Moved by Getty, seconded by Wilharm that "Resolution, Bills, Schedule A", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24808. 70869 - Moved by Getty, seconded by Wilharm that "Resolution, Bills, Schedule B", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24809. 70870 - Moved by Bowers, seconded by Wilharm that communication from Fire Chief reporting retirement of Leland L. Buehner as of September 30, 1976 from the Fire Department, and entitlement to 390 hours of sick leave and five weeks vacation pay, be received, placed on file and "Resolution approving payment of $3,736.80 sick leave and vacation pay to Leland L. Buehner, retiree of Fire Department", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 24810. 70871 - Moved by Wilhamm, seconded by Lichty that following requests for per- mission to attend functions, with expenses allowed not to exceed a- mounts shown, be received, placed on file and approved: October 11. 1976 - 4 70871 - (Continued) Sanitation Director and the Inspector to Fall Meetine of Iowa Associ- ation of Milk. Food & Environmental Sanitarians. Inc., Ames, Iowa, October 27, 1976, $10.00 plus use of City car; Lt. Spec. of Fire De- partment to Hawkeye Fire Safety Association Fall Conference, Des Moines, Iowa, October 18, 19, 20, 21, 1976, $130.00 plus use of City vehicle. Ayes: Seven. Motion carried. 70872 - Moved by Roehr, seconded by Wilharm that report of Police Chief of following promotions in the Police Department, effective October 8, 1976, be received, placed on file, approved and accepted: To Rank of Captain Donald J. Kehoe To Rank of Lieutenant Donald E. Baruth Roger L. Shook To Rank of Sergeant Heinz A. Hofmann Eric R. Gunderson Motion carried. 70873 - Moved by Geiger, seconded by Bowers that following applications for Beer Permits and Beer and Liquor Licenses, be received, placed on file, approved, the approval endorsed on applications and same for- warded to the Iowa Beer and Liquor Control Department: Beer Permit Class C Paula K. Wilson dba Wilson's Variety, 917 Burton Avenue Beer and Liquor License Class C Peyton Place Lounge, Inc. dba Peyton Place Lounge, 1366 Sycamore Street Motion carried. 70874 - Moved by Getty, seconded by Geiger that application and fee of Celeste Smith, 2003 W. McNicholas Street, Apt. B-4, Detroit, Michigan, for a Massage Technician Permit, be received, placed on file and granted subject to the requirements of ordinance governing same. Motion car- ried. 70875 - Moved by Bowers, seconded by Wilharm that Refuse Disposal Bond from Stoddard Manufacturing Co., Inc. for operation of a private landfill at 3244 Wagner Road, be received, placed on file, approved and permis- sion granted to operate said private landfill in accordance with the ordinance governing same Motion carried. 70876 - Moved by Geiger, seconded by Lichty that report of City Attorney and list of bonds filed with Clerk through 10/11/76, be received, placed on file, and report and bonds as listed, approved. Motion carried. 70877 - Moved by Roehr, seconded by Wilharm that the Council adjourn. Motion carried.