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HomeMy WebLinkAboutMinutes- 10/17/1977October 17, 1977 The Council of City of Waterloo, Iowa, met in Regular Session in Council Chambers in City Hall at 7:00 P.M. on October 17, 1977. Mayor Rooff in the Chair. On roll call, Present: Bowers, Dowie, Geiger, Getty, Lichty, Roehr, Wilharm. Absent: None. Invocation by Councilman Wilharui. 73033 - Moved by Roehr, seconded by Wilharm that the Agenda, as amended, for the Regular Session of October 17, 1977 at 7:00 P.M., be ac- cepted and approved. Motion carried. 73034 - Moved by Geiger, seconded by Dowie that the Minutes of the Regular Session held October 10, 1977 at 7:00 P.M., be approved. Motion carried. 73035 - Mayor Rooff welcomed Cub Scout Pack #106, Free Methodist Church, and Pack Leaders Tom Campbell and George Shimek. 73036 - Moved by Roehr, seconded by Getty that the proof of publication of Notice of Bond Sale of $265,000 Street Improvement Bonds (Special Assessments) for the Downtown Fourth Street Improvements, Contract No. 152, be received and placed on file. Motion carried. 73037 - The Mayor announced that this being the time and place for the open- ing of bids for the sale of $265,000 Street Improvement Bonds, the meeting was thrown open for the receipt of bids for said bonds. Moved by Dowie, seconded by Bowers that the following sealed bids be received, placed on file but NOT OPENED: 1. Peoples Trust & Savings Bank, Indianola, Iowa. 2. Carleton D. Beh Co., Des Moines, Iowa 3. Dain, Kalman & Quail Incorporated, Davenport, Iowa. Motion carried. 73038 - Open bids were then called for and there being none, it was Moved by Roehr, seconded by Bowers that the sealed bids be opened, being as follows, and referred to the Finance Director for checking and report back to the Council: EFFECTIVE OR BIDDER PREMIUM NET INTEREST RATE 1. Peoples Trust & Savings Bank, Indianola, Ia. 0 5.730`/ 2. Carleton D. Beh Co., Des Moines, Iowa 0 5.6208% 3. Dain, Kalman & Quail Incorporated, Davenport, Iowa 0 5.43108% Motion carried. 73039 - Moved by Roehr, seconded by Bowers that proof of publication of notice of hearing on proposed plans, specifications, form of con- tract, estimate of cost, etc. for E.D.A. Maywood Water Main, Minor Contract No. 97, be received and placed on file. Motion carried. 73040 - This being the time for hearing, the Mayor called for oral and written objections and there were none. Moved by Bowers, seconded by Lichty that "Resolution confirming approval of plans, specifications, form of contract, estimated cost, etc. for E.D.A. Maywood Water Main, Minor Contract No. 97", be a- dopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25429. 73041 - Moved by Getty, seconded by Lichty that "Resolution ordering the construction of E.D.A. Maywood Water Main, Minor Contract No. 97", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25430. -2- 73042 - City Clerk Gibbs reported the bid of Hurst Excavating, Inc., Waterloo, Iowa, for Maywood Water Main Minor Contract No. 97, was not sealed or accompanied by a bid bond and other necessary docu- ments. Moved by Roehr, seconded by Bowers that the above bid of Hurst Ex- cavating, Inc., be rejected and returned. Motion carried. 73043 - Moved by Dowie, seconded by Lichty that the following bids received, placed on file, Clerk instructed to open same, but not read, and referred to Engineers for checking and report back: Bidder Black Hawk Plumbing Co., Waterloo, Iowa Larry Lehman Trucking, Waterloo, Iowa Motion carried. 73044 - Moved by Dowie, seconded by Bowers that proof of publication of notice of hearing on proposed plans, specifications, foto" of con- tract, estimate of cost, etc. for E.D.A. FY 1978 Paving, Contract No. 163, be received and placed on file. Motion carried. 73045 - This being the time for hearing, the Mayor called for oral and written objections and there were none. Moved by Geiger, seconded by Bowers that "Resolution confirming approval of plans, specifications, form of contract, estimated cost, etc. for E.D.A. FY 1978 Paving, Contract No. 163", be a- dopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25431. 73046 - Moved by Bowers, seconded by Lichty that "Resolution ordering the construction of E.D.A. FY 1978 Paving, Contract No. 163", be a- dopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25432. 73047 - Moved by Getty, seconded by Roehr that the following bids be re- ceived, placed on file, Clerk instructed to open same, but not read, and referred to Engineers for checking and report back: Bidder 1. Cedar Valley Corporation, Waterloo, Iowa 2. Cedar Falls Construction Co., Inc., Cedar Falls, Iowa 3. Irving F. Jensen Co., Inc., Sioux City, Iowa 4. Fred Carlson Co., Decorah, Iowa Motion carried. 73048 - Moved by Roehr, seconded by Getty that proof of publication of no- tice of public hearing on proposed plans, specifications, form of contract, estimate of cost, etc. for E.D.A. Huntington Road Paving, Contract No. 164, be received and placed on file. Motion carried. 73049 - This being the time for hearing, the Mayor called for oral and written objections and there were none. Moved by Dowie, seconded by Geiger that "Resolution confirming ap- proval of plans, specifications, foLw of contract, estimated cost, etc. for E.D.A. Huntington Road Paving, Contract No. 164", be a- dopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25433. 73050 - Moved by Roehr, seconded by Wilharm that "Resolution ordering the construction of E.D.A. Huntington Road Paving, Contract No. 164", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25434. October 17, 1977 - 3 - 73051 - Moved by Wilha , seconded by Roehr that the following bids be received, placed on file, Clerk instructed to open same, but not read, and referred to Engineers for checking and report back: Bidder 1. Cedar Valley Corporation, Waterloo, Iowa 2. Cedar Falls Construction Co., Inc., Cedar Falls, Iowa 3. Irving F. Jensen Co., Inc., Sioux City, Iowa 4. Fred Carlson Co., Decorah, Iowa Motion carried. 73052 - Asst. City Engineer Heinick reported the bid of Fred Carlson Co. was not in duplicate, which was a requirement for E.D.A. FY 1978 Paving, Contract No. 163. Moved by Roehr, seconded by Bowers that the above bid, be rejected and returned. Motion carried. 73053 - Upon the Engineers reporting the bids for Minor Contract No. 97 were in order, it was Moved by Roehr, seconded by Lichty that the Clerk read same, which were as follows: Bidder be instructed to Amount of Bid Amount of Bid Bond Black Hawk Plumbing Co., Waterloo, Larry Lehman Trucking, Waterloo, Iowa Iowa $73,797.20 $67,629.00 Motion carried. 57 5% 73054 - Upon the Engineers reporting the remaining bids for E.D.A. FY 1978 Paving, Contract No. 163 were in order, it was Moved by Dowie, seconded by Roehr that the Clerk be instructed to read same, which were as follows: Bidder Amount of Bid Amount of Bid Bond 1. Cedar Valley Corporation 2. Cedar Falls Construction Co., Inc. 3. Irving F. Jensen Co., Inc. Motion carried. $1,678,363.12 $1,750,555.73 $1,646,700.84 5% 5% 5% 73055 - Asst. City Engineer Heinick reported the bid of Fred Carlson Co. was not in duplicate, which was a requirement for E.D.A. Hunting- ton Road Paving, Contract No. 164. Moved by Bowers, seconded by Roehr that the above bid be rejected and returned. Motion carried. 73056 - Upon the Engineers reporting the remaining bids for ton Road Paving, Contract No. 164 were in order, it Moved by Roehr, seconded by Getty that the Clerk be read same, which were as follows: Bidder Amount of Bid E.D.A. Hunting - was, instructed to Amount of Bid Bond Cedar Valley Corporation Cedar Falls Construction Co., Inc.. Irving F. Jensen Co., Inc. Motion carried. $427,106.69 $441,474.66 $437,811.31 5% 5% 5% 73057 - Moved by Roehr, seconded by Bowers that proof of publication of notice of public hearing to sell Disposal Parcel No. H-9, in Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, 31 - West First Street, as published in Waterloo Courier on 9/15/7 Lowell J. Walker, Trustee, Grace H. Walker Trust, be receive - 4 73057 - (Continued) placed on file. Motion carried. 73058 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Dowie, seconded by Getty that "A resolution approving the sale of Disposal Parcel No. H-9 in the Westfield -Virden Urban Renewal Area, Project No. Iowa R-7, and authorizing the execution of the necessary contract for sale of land for private redevelop- ment and deed", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25435. 73059 - Moved by Bowers, seconded by Lichty that proof of publication of notice of public hearing on conditional zoning in an "R-2" One and Two Family Residence District, upon request of Tom Dolan, upon recommendation of City Zoning Coumiission and Council's own motion, Lot 13, Warren Ernster Addition, on east side of North Barclay Street and North of Charles Street, as published in Waterloo Courier on 9/30/77, be received and placed on file. Motion carried. 73060 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. Moved by Bowers, seconded by Lichty that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 131 to Section 2A-5, rezoning certain property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 73061 - Moved by Roehr, seconded by Lichty that proof of publication of notice of public hearing on proposal to vacate part of Kenyon Street from Easterly right of way line of Power Street to North- westerly lot line of Lot 11, Block 1, Riverview Addition, as pub- lished in Waterloo Courier on 9/30/77, requested by Waterloo City Plan and Program Commission, be received and placed on file. Motion carried. 73062 - This being the time for hearing, the Mayor called for oral and written objections and there were none. Moved by Roehr, seconded by Lichty that "An Ordinance vacating part of Kenyon Street from Easterly right of way line of Power Street to Northwesterly lot line of Lot 11, Block 1, Riverview Addition", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 73063 - Moved by Lichty, seconded by Roehr that the rules requiring ordin- ances to be considered and voted on for passage at two prior meet- ings, 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. 73064 - Moved by Roehr, seconded by Wilharm that "An Ordinance vacating part of Kenyon Street from Easterly right of way line of Power Street to Northwesterly lot line of Lot 11, Block 1, Riverview Addition", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2926. 73065 - Moved by Dowie, seconded by Lichty that proof of publication of notice of public hearing on site plan for Well House #22 on Mil- dred Street, on application of Waterloo Water Works, upon Plan and Program Commission's recommendation and Council's own motion, as published in Waterloo Courier on 9/30/77, be received and placed on file. Motion carried. 73066 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. October 17, 1977 - 5 73066 - (Continued) Moved by Getty, seconded by Bowers that "Resolution approving site plan for Waterloo Water Works Well House #22 on Mildred Street", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25436. 73067 - Mayor Rooff reported the repairs at Arthur's Athletic Lounge, 211 Linn Street, had been done, that building permits had not been taken out, and recommended last week's action disapproving the beer liquor license be rescinded. Councilman Lichty stated she had inspected the premises today and felt the license should be approved. Moved by Lichty, seconded by Getty that Council Action #73018 of 10/3/77 be rescinded and the beer liquor license of Arthur's Athletic Lounge, 211 Linn Street, approved. Motion carried. 73068 - Mayor Rooff recommended that no permits or licenses be approved until all the work was completed. A discussion followed. Moved by Roehr, seconded by Geiger that the Council go on record that in the future the City follow the policy that applications approved subject to approval of various inspectors be held until all inspections are made and upon final approval be returned to the Council for reconsideration for approval of issuance of li- cense. Motion carried. 73069 - Councilman Getty presented a petition from Peter S. Nielsen, et al, requesting that the bus sitting for three years near the street at 1212 Stratford Avenue be moved to the rear of the pro- perty or removed completely. Moved by Getty, seconded by Geiger that the above petition be re- ceived, placed on file and referred to Sanitation Director Hoff- man and to Quintin Parker. Motion carried. 73070 - The Finance Director, having checked the bids submitted for the $265,000 Street Improvement Bonds being offered for sale in con- nection with Downtown Fourth Street Improvements, Contract No. 152, referred to him by Council Action #73038 reported after checking the bids, the bid of Dain, Kalman and Quail Incorporated of Davenport, Iowa being an effective interest rate of 5.431087 was the best bid received. Moved by Dowie, seconded by Geiger that "Resolution directing sale of $265,000 Street Improvement Bonds of Waterloo, Iowa, to Dain, Kalman and Quail Incorporated of Davenport, Iowa for the Downtown Fourth Street Improvements, Contract No. 152", be a- dopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25437. 73071 - Moved by Wilharm, seconded by Roehr that the Clerk be instructed to return the certified checks to the unsuccessful bidders. Mo- tion carried. 73072 - Moved by Geiger, seconded by Lichty that request from Wendell Lockard Construction, Inc. for permission to construct two, one 36' and one 31', commercial curb cuts to serve Perkins Cake & Steak at 3280 University Avenue, as shown on attached plat, and City Engin- eer's recommendation for approval subject to the provisions of his letter, be received, placed on file, recommendations approved and peiuiission granted in accordance therewith. Motion carried. 73073 - Moved by Dowie, seconded by Geiger that request from Hebron Devel- opment, Inc. for permission to construct one 35' commercial curb cut to serve Western Sizzlin' Steak House, 1411 East San Marnan Drive, as shown on attached plat, and City Engineer's recouauenda- tion for approval subject to the provisions of his letter, be re- ceived, placed on file, recommendations approved and permission granted in accordance therewith. Motion carried. - 6 - 73074 - Moved by Roehr, seconded by Getty that couuuunication from Quintin T. Parker, Sign and Traffic Maintenance Department, reporting on request of Dorothy Severson, 927 Forest Avenue, for parking to be ban on a certain portion of West Seventh Street, south from Grant Street to Easton Avenue, referred to him under Council Act- ion #73008 of 10/10/77, be received, placed on file and above re- quest denied. Motion carried. 73075 - Moved by Roehr, seconded by Dowie that the Housing Management Agree- ment dated 10/17/77, be received, placed on file and "Resolution approving the Housing Management Agreement with Waterloo Chamber of Commerce to include Section 8 housing, and directing execution of said contract by Mayor and City Clerk", adopted. Ayes: Bowers, Dowie, Geiger, Getty, Roehr. Nay: Lichty and Wilhatui. Resolution adopted and upon approval by Mayor, assigned No. 25438. 73076 - Moved by Dowie, seconded by Geiger that Contract and Bond for Con- tract Minor No. 96 in the amount of $153,333.70, be received, placed on file and "Resolution approving Contract and Bond of Cedar Valley Corporation, Waterloo, Iowa, for Parking Lot, Bus Transfer Station, and Incidentals, Contract No. 96", be adopted. Ayes: Seven. Reso- lution adopted and upon approval by Mayor, assigned No. 25439. 73077 - Moved by Roehr, seconded by Geiger that "Resolution authorizing exe- cution of Consolidated Annual Contributions Contract and General De- positary Agreement", be adopted. Ayes: Bowers, Dowie, Geiger, Get- ty, Roehr. Nay: Lichty and Wilhelm. Resolution adopted and upon approval by Mayor, assigned No. 25440. 73078 - Moved by Wilhelm, seconded by Dowie that the City Engineer be in- structed to prepare plans and specifications, form of contract, es- timate of cost, etc. for the Crestview Avenue and Rosehill Terrace Storm Sewer, Contract No. 97. Motion carried. 73079 - Moved by Wilharm, seconded by Dowie that the plans and specifications, form of contract, estimate of cost, etc. for Crestview Avenue and Rosehill Terrace Storm Sewer, Contract No. 97, be received, placed on file and "Resolution preliminarily approving plans and specifi- cations, form of contract, estimate of cost, etc. for Crestview Avenue and Rosehill Terrace Storm Sewer, Contract No. 97", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, as- signed No. 25441. 73080 - Mayor Rooff reported this project would be done in three phases, and this was the first. Moved by Geiger, seconded by Dowie that the Clerk be instructed to publish the notice of public hearing on plans and specifications, etc. for Crestview Avenue and Rosehill Terrace Storm Sewer, Con- tract No. 97, and taking of bids for the improvement, with date set as October 24, 1977 at 7:00 P.M. Motion carried. 73081 - Moved by Getty, seconded by Bowers that the following request for permission to attend a function, with expenses not to exceed amount shown, be received, placed on file and approved; Health and Sanita- tion Director and two personnel to Iowa Environmental Health Assoc- iation Fall Conference, Cedar Rapids, Iowa, October 26, 1977, $60.00. Ayes: Seven. Motion carried. 73082 - Moved by Wilharm, seconded by Bowers 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 Liquor Control Department: Beer Class C Pester Derby Oil Company dba Pester Derby, 1415 Logan Avenue Paula K. Wilson dba Wilson's Variety, 917 Burton Avenue Beer Liquor Class C ARA Services, Inc. dba The Convair Room, Municipal Airport R.R.#2 October 17, 1977 7 73082 - (Continued) Sunday Sales Beer Class C Pester Derby Oil Company dba Pester Derby, 1415 Logan Avenue Beer Liquor Class C ARA Services, Inc. dba The Convair Room, Municipal Airport R.R.#2 Motion carried. 73083 - Moved by Geiger, seconded by Lichty that the following applications for taxicab driver's peLmits, be received, placed on file and grant- ed: Donald L. Fankhauser, 209 East 10th Street Cecil Allen Williams, 933 West 3rd Street Motion carried. 73084 - Moved by Geiger, seconded by Lichty that the application of Orange Julius for permission to sell cigarettes at Crossroads Center, be received, placed on file and granted. Motion carried. 73085 - Moved by Dowie, seconded by Geiger that Rubble Disposal Bond in the amount of $1,000 from Young Investment Co. for operation of a pri- vate land fill (dump) at 1405 LaPorte Road in accordance with the bond, be received, placed on file, approved and permission granted. Motion carried. 73086 - Moved by Geiger, seconded by Bowers that report of City Attorney and list of bonds filed with Clerk through 10/17/77, be received, placed on file and report and bonds approved. Motion carried. 73087 - The Engineers recommended acceptance of the low bid of Lehman Truck- ing and Excavating of Waterloo, Iowa in the amount of $67,629.00 for Minor Contract No. 97. Moved by Bowers, seconded by Dowie that the above recommendation be received, placed on file and "Resolution accepting bid of Leh- man Trucking and Excavating in the amount of $67,629.00 for E.D.A. Maywood Water Main, Minor Contract No. 97", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25442. 73088 - The Engineers recommended acceptance of the low bid of Cedar Valley Corporation of Waterloo, Iowa in the amount of $427,106.69 for Con- tract No. 164. Moved by Getty, seconded by Roehr that the above recommendation be received, placed on file and "Resolution accepting bid of Cedar Val- ley Corporation in the amount of $427,106.69 for E.D.A. Huntington Road Paving, Contract No. 164", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25443. 73089 - The Engineers recommended acceptance of the low bid of Irving F. Jensen Coe, Inc. of Sioux City, Iowa in the amount of $1,646,700.84 for Contract No. 163. Moved by Roehr, seconded by Lichty that the above recommendation be received, placed on file and "Resolution accepting bid of Irving F. Jensen Co., Inc. in the amount of $1,646,700.84 for E.D.A. FY 1978 Paving, Contract No. 163", adopted. Ayes: Seven. Resolution a- dopted and upon approval by Mayor, assigned No. 25444. 73090 - Moved by Bowers, seconded by Getty that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk October 17, 1977