HomeMy WebLinkAboutMinutes- 10/04/1976The Council of City of
bers in City Hall at 7
On roll call, Present:
harm. Absent: None.
70825
October 4, 1976
Waterloo, Iowa, met in Regular Session in Council Cham -
:00 P.M. on October 4, 1976. Mayor Rooff in the Chair.
Bowers, Dowie, Geiger, Getty, Lichty, Roehr and Wil -
Invocation by Councilman Geiger.
- Moved by Roehr, seconded by Wilharm that the Agenda, as amended, for
the Regular Session of October 4, 1976 at 7:00 P.M., be accepted and
approved. Motion carried.
70826 - Moved by Geiger, seconded by WilhaLm that the Minutes of the Regular
Session held September 27, 1976 at 7:00 P.M., be approved. Motion
carried.
70827 - Moved by Roehr, seconded by Wilharm that proof of publication of no-
tice of proposal to convey a five foot utility easement along the
south property line of Lot 5, Block 33, Original Plat of Waterloo
East to NorthwesteLil Bell Telephone Company, as published in the
Waterloo Courier on 9/23/76, be received and placed on file. Motion
carried.
70828 - Mayor called for oral and written objections and there were none.
Moved by Wilharm, seconded by Bowers that "Resolution approving and
authorizing the conveyance of a five foot utility easement along the
south property line of Lot 5, Block 33, Original Plat of Waterloo
East, as published in Waterloo Courier on 9/23/76, to Northwestern
Bell Telephone Company, and directing and authorizing the Mayor and
Clerk to execute and deliver said utility easement", adopted. Ayes:
Seven. Resolution adopted and upon approval by Mayor, assigned No.
24800.
70829 - Therese Tobin, 411 Westbourne Road, publicly thanked Councilmen Gei-
ger, Lichty and Wilhatm for voting against approval of the construct-
ion plans for sanitary sewerage facilities, stoma sewer and concrete
paving serving Westbourne Terrace Third Addition, and said she agreed
with the City Engineer that the only improvement that would help the
area would be storm sewer.
70830 - Moved by WilhaLw, seconded by Roehr that communication from Black
Hawk County Auditor, advising offers have been made on 9/20/76 for
the following properties in the amounts as shown on which Black Hawk
County holds title and requesting Council approval to accept same
subject to City of Waterloo waiving all special assessments and
the City to receive all proceeds from the sale, be received, placed
on file and approved:
Description Special
Assessments
70831
Amount to
be waived
Bid
North Addition $944.90
West 30' Lot 10,Block 11
North Addition $973.51
Lot 11, Block 11
Ayes: Seven. Motion carried.
$544.90 $400.00
$573.41 $400.00
Moved by Dowie, seconded by Bowers that the communication from the
Sign and Traffic Maintenance Department, reporting on the request
of Stephen Langlas for reduction of the speed limit from 45 MPH to
35 MPH on West Fourth Street from Ridgeway Avenue to Highway 412,
referred to it under Council Action #70735 of 9/20/76, and recom-
mending approval, be received, placed on file, approved and City
Attorney instructed to submit an ordinance accordingly. Motion
carried.
70832 - City Engineer
the status of
pany for U.S.
Radue reported as follows, with recommendations, on
award of contract to Denman Phillips Construction Com -
Highway 218 Resurfacing Program, Contract No. 156:
(1) D.O.T. approval has been received;
(2) Contractor was notified to submit performance bond in 30 days;
(3) Contract requires 100% performance bond but Chapter 573.5 of State
Code allows a minimum of 257 if no part of contract price is paid un-
til completion, the contractor has requested a 257 perfoimance bond,
- 2
70832 - (Continued)
and recouluendation is for approval;
(4) Contractor failed to post bond by deadline, which results in
forfeiting bid security (10%0 of bid amount), Council has option of
waiving penalty or assessing lesser amount of 5%, and recommendation
is for assessment of 57 bid security if contract not entered into;
(5) Council may grant one week extension to submit performance bond
and if unable to perform, recommendation is for assessment of 5% bid
security penalty;
(6) If contract is not entered into with low bidder, recommendation
is that all other bids be rejected and engineers authorized to rebid
in Spring, 1977;
(7) Recommendation_ that requirement be changed to a minimum one year
maintenance bond in lieu of four years.
Mayor Rooff pointed cut if the contract was given to second bidder,
the City would have to make up the difference of $51,976 as D.O.T.
approved the low bid of $116,509.50 and if the Council approved a
one year maintenance bond in lieu of four years, a precedent would
be set.
City Attorney Smith stated the original specifications required four
years maintenance bond and a one year would be a substantial modifi-
cation and the City couldn't make a change on this contract.
Denman Phillips, Contractor, briefly reported the difficulties he
was having in securing bonds, that the Cutler people who would be
doing part of the work would give him, but not the City, a 100'/
perfoiwance bond and two year maintenance bond and he would put up
25% in cash.
Mayor Rooff remarked the question before the Council was if the rules
should be changed after the contract was let, but they should also
get with the City Engineer to see what needed to be changed in the
future. He recommended granting the one week extension, if the
contractor didn't submit the bond, that all bids be rejected, and
the City go to the State for more allocation. Mr. Phillips said he
would make every effort to get a bond. Councilman Getty recommended
not granting additional time.
Moved by Bowers, seconded by Dowie that the above report of the
City Engineer, be received, placed on file and Denman Phillips,
Contractor, be granted a seven day extension for submitting bond
for the U.S. Highway 218 Resurfacing Program, Contract No. 156.
Ayes: Bowers, Bowie, Geiger, Roehr, Wilharm. Nays: Getty and
Lichty. Motion carried.
70833 - Questions were raised about alternatives that were discussed with
the Corps of Engineers and Mayor Rooff said there were none as those
submitted were not acceptable to the Corps as they lowered the pro-
tection rate, and would not give 100 year protection; that he would
not go with anything less than the Corps recommendations, which
were they needed this land or they would stop all work in Waterloo.
In a discussion, it was pointed out that a dam with a spillway would
be built, and the land would be tillable when there was no water.
Moved by Wilharm, seconded by Roehr that communication from Commun-
ity Development Administrator, transmitting the following offer of
sale to the City of Waterloo certain real property for Stage IV of
the Waterloo Flood Control Project, be received, placed on file, and
"A resolution accepting and approving certain offers to sell real
property to the City and accepting and approving certain deeds", a-
dopted: Parcel No. VC -1 - Owner Hugo Lobeck, R.R. 3 - 56.87 acres
$116,550. Ayes: Dowie, Geiger, Getty, Roehr, Wilharm. Nays:
Bowers and Lichty. Resolution adopted and upon approval by Mayor,
assigned No. 24801.
70834 - Moved by Bowers, seconded by Getty that "An Ordinance amending Ordin-
ance No. 2479, as amended, by adding Sub -Section 101 to Section 2A-5,
rezoning certain property", be received, placed on file, considered
and the rules requiring ordinances to be received and placed on file
October 4, 1976
- 3 -
70834 - at two prior meetings, 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.
70835 - Moved by Getty, seconded by Lichty that "An Ordinance
Ordinance No. 2479, as amended, by adding Sub -Section
2A-5, rezoning certain property", be adopted. Ayes:
ance adopted and upon approval by Mayor, assigned No.
amending
101 to Section
Seven. Ordin-
2845.
70836 - Moved by Getty, seconded by Lichty that "An Ordinance restricting
the use of Snowmobiles in the City of Waterloo, Iowa, and providing
penalties for violations", be received, placed on file, considered
and the rules requiring ordinances to be received and placed on file
at two prior meetings, 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.
70837 - Moved by Lichty, seconded by Getty that "An Ordinance restricting
the use of Snowmobiles in the City of Waterloo, Iowa, and providing
penalties for violations", be adopted. Ayes: Seven. Ordinance
adopted and upon approval by Mayor, assigned No. 2846.
70838 - Moved by Roehr, seconded by Wilharm that communication from Commun-
ity Development Board, transmitting a proposed resolution authoriz-
ing transfer of funds from first year's activities of Community Dev-
elopment Block Grant Program for the expenditure of a portion of the
paving of part of East Park Avenue Area Street Improvements and
Incidentals, Contract No. 159, be received, placed on file and "A
resolution amending the Community Development Block Grant Program
Budget for the first year's activities by transferring funds of
$17,000 from "Contingencies" to "Public Works, Facilities and Site
Improvements", adopted. Ayes: Seven. Resolution adopted and upon
approval by Mayor, assigned No. 24802.
70839 - Moved by Dowie, seconded by Bowers that communication from Community
Development Board, reporting the low bid and engineering costs ex-
ceeded the amount of Urban Renewal funds available for the East
Park Avenue Area Street Improvements, Sewers and Incidentals, Contract
No. 159, that the Corps of Engineers has agreed to include agate
well in their contract which would reduce City's contract by 29,000.
and with Council's authorization to use $50,000 of uncommited Block
Grant funds, recommending the acceptance of the low bid of Cedar
Valley Corporation, Waterloo, Iowa, be received, placed on file, and
"Resolution accepting the bid of Cedar Valley Corporation in the a-
mount of $839,969.85 for East Park Avenue Area Street Improvements,
Sewers and Incidentals, Contract No. 159", adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor, assigned No. 24803.
70840 - Moved by Dowie, seconded by Roehr that Corrected Completion Report
of City Engineer for Contract No. 135, be received, placed on file
and "Resolution rescinding Resolution No. 24721 of 8/9/76 and ap-
proving Corrected Completion Report of City Engineer as to work and
materials furnished by Cedar Valley Corporation for 1975 Paving Pro-
gram, 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. 24804.
70841 - Moved by Roehr, seconded by Wilhatm that communication from Mayor
Rooff, submitting for Council approval the reappointment of Donald
L. Cobb, 931 Byron Avenue, and Stuart Stitchman, 1925 Westchester
Road, and the appointment of Councilman Calvin J. Geiger, to the
Board of Heating, be received, placed on file and approved. Motion
carried.
70842 - Moved by Getty, seconded by Roehr that the following requests for
permission to attend functions, with expenses allowed not to exceed
amounts shown, be received, placed on file and approved:
October 4, 1976
4
70842 - (Continued)
Milk Inspector and Assistant to Annual Fall Meeting of Iowa Milk &
Food Sanitarians, Ames, Iowa, October 27, 1976, $10.00 plus use of
City car; Conway Civic Center Manager to meet with Iowa Pork Produc-
ers, Iowa Florists, and Iowa Wholesale Auto Parts Dealers Association,
convention groups, Des Moines, Iowa, September 20 and 21, 1976 $140.00;
Conway Civic Center Manager to attend monthly meeting of Iowa Assoc-
iation of Convention Executives and to make convention sales calls,
Des Moines, Iowa, September 27 and 28, 1976, $150.00. Ayes: Seven.
Motion carried.
70843 - Moved by Getty, seconded by Lichty that the application of Corner
Pockets of America dba Billiard Pocket Lounge, 3295 University Ave-
nue, for permission to sell cigarettes, be received, placed on file
and granted. Motion carried.
70844 - Moved by Geiger, seconded by Wilharm that application of Cecil W.
Bessman, 1069 Belle Street, for a taxicab driver's permit, be received,
placed on file and granted. Motion carried.
70845 - Moved by Getty, seconded by Geiger that the application and fee of
Lena Baker, 429 Clay Street #4, for a Massage Technician Permit, be
received, placed on file and granted subject to the requirements of
ordinance governing same. Motion carried.
70846 - Moved by Geiger, seconded by Bowers that report of City Attorney and
list of bonds filed with Clerk through 10/4/76, be received, placed
on file, and report and bonds as listed, approved. Motion carried.
70847 - Moved by Geiger, seconded by WilhaLm that the Council adjourn. Mo-
tion carried°
Katherine Gibbs,
City Clerk
October 4, 1976