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HomeMy WebLinkAbout01/10/1977January 10, 1977 The Council of City of Waterloo, Iowa, met in Regular Session in Council Chambers in City Hall at 7:00 P.M. on January 10, 1977. Mayor Pro Tem Wilharm in the Chair. On roll call, Present: Bowers, Dowie, Geiger, Getty, Lichty, Roehr and Wilharm. Absent: None. Invocation by Councilman Geiger. 71239 - Moved by Roehr, seconded by Dowie that the Agenda, as amended, for the Regular Session of January 10, 1977 at 7:00 P.M., be accepted and approved. Motion carried. 71240 - Moved by Bowers, seconded by Dowie that the Minutes of the Regular Session held January 3, 1977 at 7:00 P.M., be approved. Motion carried. 71241 - Moved by Dowie, seconded by Bowers that request from Roger C. Neebel Construction, Inc. for permission to construct two 28' commercial curb cuts, one to serve 205 and 211 Southbrooke Drive, and one to serve 223 and 227 Southbrooke Drive , as shown on attached plat, and City Engineer's recommendation for approval subject to the provisions of his letter, be received, placed on file, recommenda- tions approved and permission granted in accordance therewith. Motion carried. 71242 - Moved by Roehr, seconded by Geiger that communication from Plan and Program Commission, transmitting request from Waterloo Water Works for sale of eight lots located at the intersection of Ann and Creston Streets in Maywood Addition, and recommending approval with the inclu- sion of an adjacent City owned lot, be received, placed on file and "Resolution fixing the time and place of hearing and receiving of bids as January 24, 1977 at 7:00 P.M. in Council Chambers of City Hall on the proposal to sell and convey All of Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9, Auditor Rainbow's Plat of Maywood Second Filing to the highest bidder", adopted and Clerk instructed to publish notice of hearing. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 24919. 71243 - Moved by Bowers, seconded by Dowie that the request of the Citizens Advisory Committee and the Couuuunity Development Board for permis- sion to submit, at this time, recommendation for activities with fundings to be undertaken as part of the Third Year Community Devel- opment Block Grant Program, be received, placed on file and permis- sion granted. Motion carried. 71244 - Fred Pedersen, Chairman of the Couuuunity Development Board, presented the recommendations for the allocation of the Third Year Community Development Block Grant funds of $1,182,000, and stated they were arrived at after careful consideration of the Citizen Advisory Com- mittee's recommendations, the limited funds available, and the capa- bility to implement the proposed programs and to commit the funds. Charles H. Dykeman, Chairman of Citizens Advisory Couuuittee, supported the recommendations and stated they reflected the opinions of the citizens, not by dollar amounts but by interest, the decision was most difficult and written opinion was given to the Board. He re- minded the Council of the hearing to be held Friday, January 7, 1977 at 7:00 P.M. at the Recreation Center. Upon being questioned, he pointed out that block grant funds have several restrictions to expenditures: (1) Must be spent for low and moderate income persons, and (2) in areas where community development funds have already been expended. Moved by Roehr, seconded by Getty that the above recommendations be received and placed on file. Motion carried. 71245 - Moved by Getty, seconded by Dowie that communication from Iowa Public Service Company reporting the filing of an application for an increase in electric rates, be received and placed on file. Motion carried. - 2 - 71246 - Councilman Getty stated, Lot 2, Auditor Barnes Addition had been put up for bid and the City should sell it to the bidder for what- ever amount. Plan and Program Director Franke said this would set a bad precedent as the minimum amount acceptable for an alley is 5C per square foot, and was unbuildable. He stated this was a buildable lot, 80' x 140' iummediately adjacent to industrial zoned land, sewer was 140' away, and could support a five-piex. Mrs. Hutchins spoke for Mr. and Mrs. Erdmann and supported the sale of this lot. Moved by Getty, seconded by Wilharm that communication from Plan and Program Commission Director reporting the bid of $102.00 submit- ted by Mr. and Mrs. Henry Erdmann of 1117 Dearborn Street for the purchase of Lot 2, Auditor Barnes Addition, a buildable lot, referred under Council Action #71216 of 1/3/77, was far below the required 5C per square foot for an unbuildable lot, and recommending rejection, be received, placed on file, recommendations not approved and said bid accepted. Ayes: Getty and Wilharm. Nays: Bowers, Dowie, Geiger, Lichty and Roehr. Motion not carried, 71247 - Moved by Bowers, seconded by Roehr that the recommendations of the Plan and Program Commission Director be approved, the bid of Mr. and Mrs. Henry Erdmann is the amount of $102.00 rejected and the Clerk instructed to return the money to the bidder. Ayes: Bowers, Dowie, Geiger, Getty, Lichty, Roehr. Nay: Wilharm. Motion carried. 71248 - Moved by Dowie, seconded by Bowers that communication from Commun- ity Development Administrator, transmitting an application to HUD for Urgent Needs Funds for completion of the approaches to the Sans Souci Bridges and related incidental work, and recommending approval be received, placed on file, approved and "Resolution approving the submission of an application to the Department of Housing and Urban Development for Urgent Needs Funds under Title I of The Housing and Community Development Act of 1974", adopted. Ayes: Seven. Resolu- tion adopted and upon approval by Mayor Pro Tem, assigned No. 24920. 71249 - Moved by Roehr, seconded by Getty that communication from Community Development Administrator, transmitting (1) Final Change Order No. 3 adjusting final quantities at an additional cost of $9,027.35, and (2) Certificate of Completion and Recommendation of Acceptance for Construction of River Road, Stage I, Contract No. 142, and recommending approval and acceptance, be received, placed on file, approved, Mayor and Clerk authorized to execute said Final Change Order No. 3 and "Resolution approving and accepting the Certificate of Completion and Recommendation of Acceptance for River Road, Stage I, Contract No. 142, and accepting the work", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem, as- signed No. 24921. 71250 - Moved by Dowie, seconded by Bowers that communication from Community Development Administrator, transmitting (1) Final Change Order No. 3 adjusting final quantities at a decrease of costs of $28,799.83, and (2) Declaration of Completion and Recommendation of Acceptance for Construction of Chautauqua Park Area Paving, Sewers & Incidentals, Stage II, Contract No. 154, and recouuiending approval and acceptance, be received, placed on file, approved, Mayor and Clerk authorized to execute said Final Change Order No. 3, and "Resolution approving and accepting the Declaration of Completion and Recommendation of Accept- ance for Chautauqua Park Area Paving, Sewers & Incidentals, Stage II, Contract No, 154, and accepting the work", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 24922. 71251 - Moved by Roehr, seconded by Geiger that communication from Community Development Administrator, transmitting, (1) Change Order No. 6 - Final adjusting final quantities at a decrease of costs of $32,723.27, and (2) Declaration of Completion and Recommendation of Acceptance for Construction of River Road, Stage II, Contract No. 150, and recouuuending approval and acceptance, be received, placed on file, approved, Mayor and Clerk authorized to execute said Change Order No. 6 -Final, and "Resolution approving and accepting the Declaration of Completion and Recommendation of Acceptance for Construction of River Road, Stage II, Contract No. 150, and accepting the work", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 24923. - 3 - 71252 - Moved by Getty, seconded by Lichty that communication from Superin- tendent of Water Pollution Control Plant, transmitting an Applica- tion for Permit to Discharge Wastewater into the Cedar River for the City of Waterloo, Iowa, and recommending that he, Bruce D. Bottorff, be authorized to sign said Application in behalf of the City of Waterloo, Iowa, as authorized agent and forward same to Environmental Protection Agency, be received, placed on file, recom- mendations approved, and Bruce D. Bottorff, Superintendent of Water Pollution Control Plant, authorized to sign said Application in be- half of the City of Waterloo, Iowa. Motion carried. 71253 - Moved by Dowie, seconded by Bowers that Construction Permit No. 77-164-S for Sanitary Sewer Extension for Family Practice Center, from Iowa Department of Environmental Quality, subject to certain conditions and requirements, be received and placed on file. Motion carried. 71254 - Moved by Bowers, seconded by Roehr that communication from Co unity Development Board, transmitting a Flowage Easement Agreement dated 1/6/77 with Lois Rieger, and recommending approval, be received, placed on file and "Resolution authorizing the execution of a Flowage Easement Agreement with Lois Rieger in connection with the Virden Creek Flood Control Project", adopted. Ayes: Bowers, Dowie, Geiger, Getty, Roehr and Wilharm. Nay: Lichty. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 24924. 71255 - Moved by Roehr, seconded by Lichty that the Continental Casualty Company Policy for comprehensive general and automobile liability, etc. and Columbia Casualty Company binder for umbrella liability, for period of 1/1/77 to 1/1/78 for the City of Waterloo, Iowa, for premiums totaling $313,661, be received, placed on file and "Resolution accepting Continental Casualty Company Policy for com- prehensive general and automobile liability, etc. and Columbia Casualty Company binder for umbrella liability, and directing and authorizing payment therefor", adopted. Ayes:. Bowers, Geiger, Getty, Lichty, Roehr, Wilharm. Dowie: Declined to vote by reason of possible conflict of interest under Section 362.6 of Code of Iowa. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 24925. 71256 - In a discussion, City Attorney Smith and Community Development Administrator Mercer stated two-thirds of the acquisitions for the Virden Creek Flood Control Project have been signed; remaining were two flowage easements, a small amount of land from Anderson, Diercks would not contest a court condemnation, the City would only have to go to court with two properties; and, the owners had been met with more than once. Moved by Roehr, seconded by Dowie that "A resolution the condemnation of certain parcels of real property Creek Flood Control Project Area", be adopted. Ayes: Geiger, Roehr and Wilharm. Nays: Getty and Lichty. adopted and upon approval by Mayor Pro Tem, assigned authorizing in the Virden Bowers, Dowie, Resolution No. 24926. 71257 - Moved by Roehr, seconded by Geiger that Final Pay Estimate of Brice, Petrides & Associates, Inc., Engineers, for Contract No. 154, and Community Development Board request for approval , be received, placed on file and "Resolution approving the Final Pay Estimate Report as to work and materials furnished by Irving F. Jensen Company, Inc. for Construction of Chautauqua Park Area Paving, Sewers & In- cidentals, Stage II, Contract No. 154, and authorizing and certify- ing payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 24927. 71258 - Moved by Dowie, seconded by Bowers that Final Pay Estimate of Brice, Petrides & Associates, Inc., Engineers, for Contract No. 142, and Community Development Board request for approval, be received, placed on file and "Resolution approving the Final Pay Estimate Report as to work and materials furnished by J. F. Brennan Co., Inc. and M. F. Goerdt Construction Company, for Construction of River Road, Stage I, Contract No. 142, and authorizing and certifying payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 24928. January 10, 1977 - 4 - 71259 - Moved by Geiger, seconded by Bowers that Final Pay Estimate of Brice, Petrides & Associates, Inc., Engineers, for Contract No. 150, and Community Development Board request for approval, be received, placed on file and "Resolution approving the Final Pay Estimate as to work and materials furnished by Irving F. Jensen Co., Inc. for Construct- ion of River Road, Stage II, Contract No. 150, and certifying pay- ment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 24929. 71260 - Moved by Roehr, seconded by Getty that Estimate #2 Report for Bridge Contract No. 11, with Community Development Board's recommendation for approval, be received, placed on file and "Resolution approving Report for work and materials furnished by Lunda Construction Company for Demolition and Reconstruction of Sans Souci Bridges, Westfield - Virden Urban Renewal Project Iowa R-7, Bridge Contract No. 11, and certifying payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 24930. 71261 - Moved by Getty, seconded by Roehr that "Resolution, Bills, Schedule A", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 24931. 71262 - Moved by Getty, seconded by Roehr that "Resolution, Bills, Schedule B", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 24932. 71263 - Moved by Bowers, seconded by Lichty that coiuuunication from Howard L. Dawson, Superintendent of Motor Vehicle Parking Facilities, re- porting his retirement as of 1/3/77 after 27 years of service and entitlement to 63.75 days sick leave and five weeks vacation pay, be received, placed on file and "Resolution approving payment of $4,607.90 sick leave and vacation pay to Howard L. Dawson, Retiree as Superintendent of Motor Vehicle Parking Facilities", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 24933. 71264 - Moved by Wilharm, seconded by Getty that the retirement of Howard L. Dawson, Superintendent of the Motor Vehicle Parking Facilities be accepted with regret and he be thanked for his long faithful service to the City. Motion carried. 71265 - Moved by Getty, seconded by Lichty that the four couuuunications from the Fire Chief reporting the following retirements in the Fire Department, be received, placed on file, combined in one motion, "Resolution approving payments of sick leave and vacation pay", adopted and the Retirees wished a happy retirement: Walter K. Petersen as of 12/31/76 after 30 years of service entitlement to 390 hours sick leave and 8/12 vacation pay; Albert 0. Weires as of 1/2/77 after 28 years of service and ment of 520 hours sick leave and 4/12 vacation pay; Howard R. Grimm as of 1/2/77 after 19 years of service with porary disability pension and entitlement of 520 hours sick James L. Gillett as of 1/1/77 after 31 years of service and ment of 520 hours sick leave and 3/12 vacation pay. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 24933A. 71266 - Moved by Geiger, seconded by Bowers that communication from City Engineer recommending reappointment of Councilman Jack L. Roehr and City Engineer Bruce Radue to the Black Hawk County Solid Waste Management Commission, be received, placed on file and approved. Motion Carried. and entitle - a tem - leave pay; entitle - January 10, 1977 - 5 - 71267 - Moved by Bowers, seconded by Getty that communication from Sign and Traffic Department, transmitting fast dry paint and thinner require- ments for said Department for 1977-78, be received, placed on file and said Department instructed to secure bids accordingly. Motion carried. 71268 - Moved by Roehr, seconded by Getty that "Resolution accepting work and ordering preparation of plat and schedule of assessments for the 1976 Sidewalk Repair Program, Contract No. 43", be adopted. Ayes: Seven. Resolution adopted and upon approval of Mayor Pro Tem, assigned No. 24934. 71269 - Moved by Getty, seconded by Geiger that City Engineer's Final Plat and Schedule of Assessments, etc. for the 1976 Sidewalk Repair Program, Contract No. 43, be received and placed on file. Motion carried. 71270 - Moved by Geiger, seconded by Bowers that "Resolution adopting and levying final schedule of assessments, and providing for the payment thereof for the 1976 Sidewalk Repair Program, Contract No. 43", be adopted. Ayes: Seven. Resolution adopted and upon approval of Mayor Pro Tem, assigned No. 24935. 71271 - Moved by Roehr, seconded by Getty that the following request for peLmission to attend function, with expenses allowed not to exceed amount shown, be received, placed on file and approved: Couiuiunity Development Administrator to 1977 Annual Meeting of the Water Re- sources Congress, St. Louis, Missouri, February 4 thru 8, 1977, $390.00; Human Rights Investigator to Training Session for Investi- gators, Des Moines, Iowa, January 10 thru 1.4, 1977, $155.00. Ayes: Seven. Motion carried. 71272 - Moved by Geiger, seconded by Bowers that the following application for Beer Permit, be received, placed on file, approved, the approval endorsed on application and same forwarded to the Iowa Beer and Liquor Control Department: Beer Permit - Class C Quik Trip Corp. dba Quik Trip #512, 334 E. Ridgeway Avenue Motion carried. 71273 - Moved by Geiger, seconded by Lichty fee of Gerald C. Smith and Einer L. Furniture, 1419 Logan Avenue, for a of Business or Liquidation Sale, be granted. Motion carried. that the application, bond and Larson dba Jerry's Discount license to conduct a Going Out received, placed on file and 71274 - Moved by Bowers, seconded by Dowie that the application and bond of Golden Acres Retirement Village, 3714 Butternut Lane, for renewal of City Permit to operate a Mobile Home Park at 3730 Butternut Lane, be received, placed on file and approved. Motion carried. 71275 - Moved by Geiger, seconded by Lichty that the following applications for permission to sell cigarettes at designated locations, be received, placed on file and permits granted: Happy Joe's Pizza & Ice Cream Parlor, K -Mart Shopping Plaza, Highway 412 Motion carried. 71276 - Moved by Geiger, seconded by Getty that the following applications for taxicab driver's permits, be received, placed on file and granted: Sharon M. Thielke, 300 Linden Avenue, Ken E. Falk, 205 Walnut #5 Motion carried. 71277 - Moved by Geiger, seconded by. Dowie that report of City Attorney and list of bonds filed with Clerk through 1/10/77 be received, placed on file and report and bonds approved. Motion carried. 71278 - Moved by Bowers, seconded by Lichty that the Council adjourn. Motion carried. January 10, 1977 Katherine Gibbs, City Clerk