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HomeMy WebLinkAbout04/11/1977April 11, 1977 The Council of City of Waterloo, Iowa, met in Regular Session Chambers in City Hall at 7:00 P.M., on April 11, 1977. Mayor Chair. On roll call, Present: Bowers, Dowie, Geiger, Getty, Wilharm. Absent: None. Invocation by Councilman Geiger. 71741 - Moved by Wilharm, seconded by Bowers that the Agenda, for the Regular Session of April 11, 1977 at 7:00 P.M. and approved. Motion carried. 71742 Moved by Dowie, seconded by Bowers that the Minutes of the Regular Session held April 4, 1977 at 7:00 P.M., be approved. Motion carried. in Council Rooff in the Lichty, Roehr, as proposed, , be accepted 71743 - Moved by Dowie, seconded notice of public hearing contract and estimate of District Improvement Proj on file. Motion carried. by Geiger that proof of publication of on proposed plans, specifications, form of cost for the Huntington Road Storm Sewer ect, Contract No. 95, be received and placed 71744 - The Mayor announced that one of the purposes of this meeting was to receive, open, consider and tabulate bids for construction of Hunting- ton Road Storm Sewer District Improvement Project, Contract No. 95, in accordance with the published Notice of Hearing and Letting for said project. Moved by Wilharm, seconded by Geiger that the following bids, be re- ceived, placed on file, the Clerk instructed to open, inspect and tabulate same; and referred to Engineers for checking and report back with recommendations after the hearing on the Resolution of Necessity: Amount of Amount of Bid Name and Address of Bidder Bid Bond or Check Hurst Excavating Co., Inc., Waterloo, Iowa William R. Hennessey & Son, Inc., Cedar Rapids, Iowa Gjellefald Constructors, Inc., Forest City, Iowa Nelson Constructors, Inc., Cobb, Wisconsin Tri State Paving Co. Division, Dubuque Stone Products Co., Dubuque, Iowa Motion carried. $284,831.20 $293,979.75 $353,039.16 $388,676.20 $ 570 $311,294.32 71745 - The Mayor announced this was the time and place for hearing on the matter of the adoption of plans, specifications, form of contract, and estimated cost for the Huntington Road Storm Sewer District Improvement Project, Contract No. 95, and called for any oral ob- jections to the making of said improvements, or to the adoption of the plans, specifications, form of contract or estimate of cost. No oral objections were offered and the Clerk reported that no writ- ten objections thereto had been filed. Moved by Getty, seconded by Bowers that "Resolution adopting plans, specifications, form of contract and estimated cost, for the Hunting- ton Road Storm Sewer District Improvement Project, Contract No. 95", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25078. 71746 - Moved by Wilharm, seconded by Roehr that proof of publication of notice to property owners of hearing on proposed Resolution of Neces- sity for certain storm sewer improvement in the City of Waterloo, Iowa, known as Huntington Road Storm Sewer District Improvement Pro- ject, Contract No. 95, be received and placed on file. Motion carried. 71747 - The Mayor stated, it being 7:30 o'clock P.M., the Council should pro- ceed with holding the public hearing on the adoption of the Resolution of Necessity for the construction of Huntington Road Storm Sewer Dis- trict Improvement Project, Contract No. 95. He called for objections to the proposed Resolution of Necessity, pursuant to notice of the time and place of hearing duly published and mailed, and pursuant to notice to prior action of said Council; and announced that both writ- ten and oral objections would be received and considered by the Council at this time. - 2 71747 - (Continued) The Clerk reported written objections were filed by Bernice Boxwell, 1422 Garden Avenue. Moved by Roehr, seconded by Dowie that the objections of Bernice Box - well, 1422 Garden Avenue, be received and placed on file. Motion carried. 71748 - Councilman Roehr presented an objection petition from Betty Lawless, 1305 Downing Avenue, et al. Moved by Roehr, seconded by Wilharm that the above petition, be re- ceived and placed on file. Motion carried. 71749 - Oral objections were made by: Betty Lawless, to Lots 14, 15, 16 and 17, Meadowdale Addition, which did not drain into the district; Terry Griswold 1416 Robin Road, property not benefitted. Roy Satterlee, 1604 Huntington Road, assessment disparities. A discussion followed and it was agreed that the City Engineer was to review the assessments. Moved by Roehr, seconded by Dowie that the above oral objections be received and placed on file. Motion carried. 71750 - After reviewing all the objections, the Council found and determined that no remonstrance, pursuant to the provisions of Section 384.51 of the City Code of Iowa, was filed. Moved by Roehr, seconded by Dowie that "Resolution overruling all the objections to the Huntington Road Storm Sewer District Improvement Project, Contract No. 95", be adopted. Ayes: Seven. Resolution a- dopted and upon approval by Mayor, assigned No. 25079. 71751 - Moved by Roehr, seconded by Wilharm that "Resolution adopting the Resolution of Necessity (as proposed), for the Huntington Road Storm Sewer District Improvement Project, Contract No. 95", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25080. 71752 - Moved by Roehr, seconded by Bowers that proof of publication of Notice of Public Hearing on Adoption of Ordinance to Amend Ordinance No. 2479, Zoning Ordinance, Part V, General Regulations, Section 2A-7, by adding Section M, Conditional Zoning thereto, as published in Waterloo Cour- ier on March 24, 1977, be received and placed on file. Motion carried. 71753 - The Mayor announced it was time for public hearing and called for oral and written objections, and there were none. Moved by Bowers, seconded by Dowie that "Resolution adopting an Amend- ment to Ordinance No. 2479, Zoning Ordinance, Part V, General Regula- tions, Section 2A-7, by adding Section M, Conditional Zoning, thereto, in a loose leaf complete municipal code form", be adopted. Ayes: Sev- en. Resolution adopted and upon approval by Mayor, assigned No. 25081. 71754 - Moved by Roehr, seconded by Dowie that "An Ordinance to Amend Ordin- ance No. 2479, Zoning Ordinance, Part V, General Regulations, Section 2A-7, by adding Section M, Conditional Zoning, thereto" be received, placed on file, considered and the rules requiring ordinances to be received, placed on file, considered and voted on at two prior meet- ings suspended, and the above Ordinance recorded as having been con- sidered and passed for the first, second and third times, and now placed on its final adoption. Ayes: Seven. Motion carried. 71755 - Moved by Bowers, seconded by Getty that "An Ordinance to Amend Ordin- ance No. 2479, Zoning Ordinance, Part V, General Regulations, Section 2A-7, by adding Section M, Conditional Zoning, thereto", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2875. April 11, 1977 - 3 - 71756 - Robert Borgeson reported the court ruled in favor of Corner Pocket Billiard Lounge, asked that his Beer and Liquor application be con- sidered,and was informed it would be on next week's agenda. 71757 - Moved by Dowie, seconded by Bowers that five copies of Iowa Depart- ment of Transportation Entrance Permit Application, Form 640004, with plat attached, from Westgate Villa, Inc., 3641 Kimball Avenue, for permission to construct two entrances at Sta. 37+97.25 and 34+ 73.25 west side 1507.95' and 1831.95' south of NE corner of Sec. 11- 89-13, junction of Highways #63 and #57, and City Engineer's recom- mendation for approval subject to the provisions of his letter, be received, placed on file, approved and Mayor authorized to sign said application for City. Motion carried. 71758 - Moved by Bowers, seconded by Roehr that request of Huff Construction Co. for permission to construct one 18' commercial drive at 3341 West Fourth Street to serve Exceptional Children Housing, and City Engin- eer'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. 71759 - Councilman Roehr asked if the petitions for oiling were over 50`/ and for full assessment. A discussion followed on percentage of signers, agricultural land being assessed, etc. Mayor Rooff stated Huntington Road people have put up with heavy truck traffic to the land borrow area for three years instead of one and should be given consideration. Idaho Street was also mentioned. Mayor Rooff reported both Idaho Street and Huntington Road were eligible for EDA funding. Moved by Roehr, seconded by Wilharm that communication from City En- gineer, transmitting nineteen petitions for oiling of certain streets, avenues, alleys, etc. or portions thereof in the Year 1977, and recom- mending approval, be received, placed on file, approved, ordered in the 1977 Oiling Program and City Engineer instructed to proceed with preparation of preliminary assessment procedures. Motion carried. (Bowers voted Nay as petition should be over 50% signers.) 71760 - Moved by Wilharm, seconded by Geiger that City Report of March, 1977, showing Balance on Hand ceipts $1,693,047.94, Disbursements $2,406,737. 3/31/77 $13,744,549.43, be received, placed on Motion carried. Treasurer's Financial $14,458,239.48, Re - 99, Balance on Hand file and approved. 71761 - Moved by Roehr, seconded by Geiger that communication from Personnel Director, transmitting Agreement between City of Waterloo, Iowa and Municipal Employees Local Union No. 1127 dated 4/11/77 for two year period of 7/1/77 thru 6/30/79, be received, placed on file and "Res- olution approving the Agreement with Municipal Employees Local Union No. 1127 and authorizing Mayor and Clerk to sign and execute same on behalf of the City of Waterloo, Iowa", adopted. Ayes: Seven. Res- olution adopted and upon approval by Mayor, assigned No. 25082. 71762 - Moved by Dowie, seconded by Bowers that construction plans for sani- tary sewerage facilities serving Hammond Hills Fourth Addition, to- gether with Treatment Form C 9/75 for Department of Environmental Quality, and City Engineer's recommendation for approval with final acceptance of plans to be subject to review and acceptance by said Department, be received, placed on file, recommendations approved and Mayor and Clerk authorized to execute said Agreement Form. Motion carried. 71763 - Moved by Wilharm, seconded by Roehr that "An Ordinance of the City of Waterloo, Iowa, the purpose of which is to provide minimum re- quirements for the protection of life, limb, health, property, safety, and welfare of the general public and the owners and occupants of residential buildings", be received, placed on file, considered and passed for the third time, and now placed on its final adoption. Ayes: Seven. Motion carried. 71764 - Moved by Bowers, seconded by Wilharm that "An Ordinance of the City of Waterloo, Iowa, the purpose of which is to provide minimum require- ments for the protection of life, limb, health, property, safety, and - 4 71764 - (Continued) welfare of the general public and the owners and occupants of resi- dential buildings", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 2876. 71765 - Moved by Wilharm, seconded by Getty that "An Ordinance amending Chap- ter 33 of the Code of Ordinances, City of Waterloo, Iowa, relating to streets and sidewalks establishing fees for the various permits re- quired under said Chapter, by adding thereto new Subsections 33-10(e) 33-68(c), and 33-102(b)", be received, placed on file, considered and passed for the first time. Ayes: Bowers, Dowie, Geiger, Getty, Roehr, Wilharm. Nay: Lichty. Motion carried. 71766 - Moved by Roehr, seconded by Bowers that the rules requiring ordinances to be voted on at two prior meetings, be suspended, the above Ordin- ance recorded as having been considered and passed for the second and third times, and now placed on its final adoption. Ayes: Bowers, Geiger, Roehr. Nays: Dowie, Getty, Lichty, Wilharm. Motion not carried. 71767 - The City Engineer reported the low bid was Hurst Excavating Co., Inc. of Waterloo, Iowa in the amount of $284,831.20, and recommended ac- ceptance. Moved by Getty, seconded by Lichty that the above recommendation be received, placed on file and "Resolution making award of contract for Huntington Road Storm Sewer Improvement Project, Contract No. 95", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25083. 71768 - Moved by Roehr, seconded by Getty that Estimate #1 Report for Contract No. 159, with Community Development Board's recommendation for ap- proval, be received, placed on file and "Resolution approving Report for work and materials furnished by Cedar Valley Corporation for East Park Avenue Area Street Improvements, Sewers & Incidentals, Contract No. 159, and certifying payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25084. 71769 - Moved by Getty, seconded by Wilharm that "Resolution, Bills, Schedule A", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25085. 71770 - Moved by Getty, seconded by Wilharm that "Resolution, Bills, Schedule B", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 25086. 71771 - Moved by Wilharm, seconded by Bowers that the City of Waterloo, employ the Auditor of the State of Iowa to make an audit of the City records and accounts for the Fiscal Year 1977, the 12 month period from July 1, 1976 thru June 30, 1977, and the Clerk instructed to notify said Auditor to this effect. Motion carried. 71772 Moved by Geiger, seconded by Lichty that the following requests for permission to attend functions, with expenses allowed not to exceed amount shown, be received, placed on file and approved: Water Pollu- tion Control Plant Superintendent to 9th Annual Wastewater Works Short Course, Iowa City, Iowa, April 12 and 13, 1977, $99.50+ use of City car; Councilman, City Clerk and Deputy, to 38th Annual Meeting of Iowa Mun- icipal Finance Officers Association, Des Moines, Iowa, April 14, 1977, $102.00. Ayes: Seven. Motion carried. 71773 - Moved by Wilharm, seconded by Geiger that the following applications for Beer and Liquor Licenses, be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer and Liquor - Class C Nino's of Iowa, Inc. dba Nino's Sunday Sales - Beer and Liquor - Nino's of Iowa, Inc. dba Nino's Motion carried. Steak Round -Up, 3551 University Ave. Class C Steak Round -Up, 3551 University Ave. - 5 - 71774 - Moved by Geiger, seconded by Bowers that the application of Kevin Ortman, 224 Beverly Hills Street, for a taxicab driver's permit, be received, placed on file and granted. Motion carried. 71775 Moved by Lichty, seconded by Geiger that Tollefsrud dba Chuck's Sanitary Service, 1978 Scavenger License to expire 5/1/78, file and granted. Motion carried. 71776 Moved by Geiger, seconded by Dowie that report of City Attorney and list of bonds filed with Clerk through 4/11/77, be received. placed on file and report and bonds approved. Motion carried. 71777 - Moved by Geiger, seconded by Lichty that the Council adjourn. Motion carried. the application of Chuck Hiawatha, Iowa, for 1977 - be received, placed on Katherine Gibbs, City Clerk April 11, 1977