HomeMy WebLinkAbout11/09/81November 9, 1981
The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council
Chambers, Waterloo, Iowa at 7:00 P.M., on November 9, 1981. Mayor Rooff in the Chair. On Roll
Call: Present: Penaluna, Roehr, Wilharm, Bowers, Burton, Dowie. Absent: Getty. Invocation
by Councilman Bowers.
81364 - Moved by Roehr, seconded by Dowie
that the Agenda, as amended, for the Regular Session of November 9, 1981, at 7:00 P.M.,
be accepted and approved. Motion carried.
81365 - Moved by Burton, seconded by Bowers
that the minutes of the Regular Session held November 2, 1981 at 7:00 P.M. be approved.
Motion carried.
HEARINGS
81366 - Moved by Roehr, seconded by Wilharm
that proof of publication of notice of public hearing to sell and convey real property
located at 100 Block East Third, Disposal Parcel No. I -35p, Project No. Iowa R-7 as
published in the Waterloo Courier on October 23, 1981 be received and placed on file.
Motion carried.
81367 - HOLD HEARING - This being the time and place to hold hearing, the Mayor called for
written and oral objections.
Bill Miller, Midtown Development Corporation, questioned the reduction in available
parking spaces that would result in the selling of this property. With the proposed
development in the downtown, he felt that it was unwise for the City to reduce
available parking areas.
The Mayor indicated that the City's policy has been to replace, with new areas of
parking, any areas taken out of production.
Dale Mercer, Community Development Administrator, explained that parking for the site
was an interim use until a permanent use could be determined. At one time, the U.S.
Government was interested in the site for the post office (now located west of E. 3rd
Street).
Lyle Taylor, speaking on behalf of the Rath Union, encouraged the Council's approval of
the sale. Approval of the housing project has been received from the Department of
Housing and Urban Development. He stated that the project would aid in the
redevelopment of the downtown.
Moved by Bowers, seconded by Penaluna
that "Resolution authorizing sale and conveyance of property located at 100 Block East
Third, Disposal Parcel No. I -35p, Project No. Iowa R-7 to Local 46 United Food and
Commercial Workers International Union/AFL-CIO in the Westfield -Virden Urban Renewal
Area", be adopted and City Attorney instructed to prepare deed accordingly. Ayes:
Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 1981-554.
81368 - Moved by Roehr, seconded by Bowers
that proof of publication of notice of public hearing to sell and convey real property
located at 307 E. Mullan Avenue, Disposal Parcel No. I-22, Project No. Iowa R-7, as
published in the Waterloo Courier on October 23, 1981, be received and placed on file.
Motion carried.
November 9, 1981 Page 2
81369 - HOLD HEARING - This being the time and place to hold hearing, the Mayor called for
written and oral objections and there were none.
Moved by Dowie, seconded by Burton
that "Resolution authorizing sale and conveyance of property located at 307 E. Mullan
Avenue, Disposal Parcel No. I-22, Project No. Iowa R-7 to John Rooff, Jr. and John
Rooff, III in the Westfield -Virden Urban Renewal Area", be adopted and City Attorney
instructed to prepare deed accordingly. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 1981-555.
81370 - Moved by Roehr, seconded by Penaluna
that proof of publication of notice of public hearing to sell and convey real property
located at Lowell Avenue south of Mitchell Avenue as published in the Waterloo Courier
on October 23, 1981 be received and placed on file. Motion carried.
81371 - HOLD HEARING - This being the time and place to hold hearing, the Mayor called for
written and oral objections and there were none.
Moved by Wilharm, seconded by Roehr
to receive and place on file the following bids and instruct the Clerk to open and read
bids:
BIDDER AMOUNT
Oluf E. and Mildred J. Olsen $1,010.00
Gary W. and Caroline C. Wendel 850.00
Motion carried.
81372 - Moved by Wilharm, seconded by Dowie
to refer the above bids to the Plan and Program Department for review and
recommendation. Motion carried.
..
81373 - Don Temeyer, Plan and Program Director, recommended that the high bid of 0. E. Olsen
was in order.
Moved by Dowie, seconded by. Bowers
that "Resolution authorizing sale and conveyance of property located along Lowell
Avenue south of Mitchell Avenue to Oluf E. and Mildred J. Olsen in the amount of
$1,010.00", be adopted and City Attorney instructed to prepare deed accordingly. Ayes:
Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 1981-556.
81374 - Moved by Bowers, seconded by Burton
that proof of publication of notice of public hearing on Budget Estimate for the
Waterloo Water Works for the calendar year 1982 as published in the Waterloo Courier on
October 30, 1981 be received and placed on file. Motion carried.
81375 - HOLD HEARING - This being the time and place to hold hearing, the Mayor called for
written and oral objections and there were none.
Moved by Bowers, seconded by Roehr
that "Resolution accepting and approving the 1982 Waterloo Water Works Budget", be
adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 1981-557.
November 9, 1981 Page 3
81376 - Moved by Burton, seconded by Bowers
that proof of publication of notice of public hearing on Draft Environmental Analysis
for the Ground Transportation Center as published in the Waterloo Courier on October
23, 1981 be received and placed on file. Motion carried.
81377 - HOLD HEARING - This being the time and place to hold hearing, the Mayor called for
written and oral objections and there were none.
The Mayor stated that the application would allow flexibility in site location.
Moved by Roehr, seconded by Bowers
that "Resolution authorizing filing of an application with the Department of
Transportation, U.S. Government for a grant under the Urban Mass Transportation Act of
1964, as amended", be adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 1981-558.
81378 - Moved by Penaluna, seconded by Bowers
that proof of publication of notice of public hearing on proposed plans for the
designation of the Franklin Urban Revitalization Area as published in the Waterloo
Courier on October 9, 1981 be received and placed on file. Motion carried.
81379 - HOLD HEARING - This being the time and place to hold hearing the Mayor called for
written and oral objections and there were none.
Moved by Bowers, seconded by Penaluna
that "an ordinance establishing and designating the boundaries of an Urban
Revitalization Area in the City of Waterloo", be received, placed on file and passed
for the first time. Ayes: Six. Absent: Getty. Motion carried.
81380 - Moved by Roehr, seconded by Bowers
that proof of publication of Notice of Intention to Issue Urban Renewal Tax Increment
Revenue Notes not to exceed $700,000 in the City of Waterloo, Iowa, as published in the
Waterloo Courier on October 19, 1981, be received and placed on file. Motion carried.
81381 - HOLD HEARING - This being the time and place to hold hearing, the Mayor called for
written and oral objections and there were none.
Moved by Penaluna, seconded by Bowers
that "Resolution instituting proceedings to take additional action for the borrowing
of $700,000 and the issuance of Urban Renewal Tax Increment Revenue Notes", be adopted.
Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 1981-559.
81382 - Moved by Bowers, seconded by Roehr
that "Resolution authorizing a certain loan agreement and providing for the issuance of
notes thereunder", be adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 1981-560.
ORAL PRESENTATIONS
81383 - Eldon Dykes, 647 Wallgate, stated that after completion of a property survey of his
land that a portion of his buildings lie in City right-of-way. He asked for the City's
assistance in remedying the situation.
Moved by Burton, seconded by Bowers
to refer the above situation to the Plan and Program Department for review and
recommendation. Motion carried.
November 9, 1981 Page 4
ORAL PRESENTATIONS - CONTINUED
81384 - Councilman Wilharm asked that the 10 minute parking limit at the corner of E. Park and
Sycamore (President's Hotel) be reviewed. The problem stems from persons using the
space for longer periods of time and blocking the space for residents of the hotel.
Moved by Wilharm, seconded by Roehr to receive and place on file the above request and
referred to the Police Department. Motion carried.
PETITIONS FROM PUBLIC
81385 - Moved by Dowie, seconded by Penaluna
that request of Mark R. Meyer for permission to construct a temporary concrete driveway
at 641 Cedar Bend Street, without regard to sidewalk grade together with $3.00 for
recording waiver, and City Engineer's recommendation for approval subject to the
provisions of his letter be received, placed on file, approved and "Resolution granting
permission to Mark R. Meyer and authorizing construction of a temporary concrete
driveway at 641 Cedar Bend Street, irrespective of a later official grade", be adopted.
Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 1981-561.
UNFINISHED BUSINESS
81386 - Moved by Dowie, seconded by Bowers
that communication from City Engineer recommending that the bid of Hurst Excavating,
Inc. of Waterloo, Iowa in the amount of $175,329.07 for the Lincoln-Ackermant Area
Storm Sewer and Sanitary Sewer Improvements, Stage III, Contract No. 227 be received,
placed on file and "Resolution awarding contract to Hurst Excavating, Inc. of Waterloo,
Iowa in the amount of $175,329.07 for the Lincoln-Ackermant Area Storm Sewer and
Sanitary Sewer Improvements, Stage III, Contract No. 227", be adopted.
Resolution adopted and upon approval by Mayor assigned No. 1981-562.
81387 - Moved by Roehr, seconded by Burton
that communication from Acting City Electrician reporting on railroad crossing
signalization at Duryea and Cleveland referred to him under C.R.#81340 of 11/2/81 be
received, placed on file, request denied and instruct the Acting City Electrician to
contact The Pillsbury Company for possible alternative solution. Motion carried.
REPORTS
81388 - Moved by Burton, seconded by Bowers
that Finance Director's Statement showing Fund Balance October 1, 1981, $16,179,357.34
+ Revenues $7,138,217.00 - Bill Payments $2,299,056.93 - Payrolls - $1,652,228.78 -
Commission Bills $218,649.90 - Transfers $992,249.00, Fund Balance October 31, 1981 --
$18,155,389.73, be received, placed on file and approved. Motion carried.
81389 - Moved by Bowers, seconded by Burton
that City Treasurer's Statement of September, 1981, $16,683,608.22 + Revenues -
Property Taxes $4,430,386.75 + Revenues - City Clerk $261,862.61 + Revenues - City
Treasurer $1,289,199.27 + Revenues - Transfers $1,177,623.03 - Disbursements
$5,024,103.25, Balance on Hand October 31, 1981 -- $18,818,576.63, be received, placed
on file and approved. Motion carried.
November 9, 1981 Page 5
DOCUMENTS
81390 - Moved by Roehr, seconded by Dowie
that construction plans for sanitary sewerage facilities serving Twin Pines
Development, Tract G, Southland Park 4th Addition together with Treatment Agreement
Form WQ-59 from the Department of Environmental Quality and City Engineer's
recommendation for approval subject to final acceptance of plans by the Department of
Environmental Quality, be received, placed on file, recommendation approved and Mayor
and City Clerk authorized to execute same. Motion carried.
RESOLUTIONS TO BE ADOPTED
81391 - Hugh Field, legal counsel for Professional Office Services, Inc., stated that the money
would be used to finance the purchase of equipment and improvements for the facilities
on Burton Avenue (manufacturer of paper and office products).
Moved by Dowie, seconded by Wilharm
that "Resolution authorizing the execution of a Memorandum of Agreement by and between
the City of Waterloo, Iowa and Professional Office Services, Inc., regarding the
issuance of Industrial Revenue Bonds not to exceed $500,000", be adopted. Ayes: Six.
Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 1981-563.
81392 - Moved by Penaluna, seconded by Wilharm
that "Resolution fixing date of hearing as December 7, 1981 at 7:00 P.M. at City Hall
Council Chambers for hearing on proposed Industrial Revenue Bonds, Series 1981
(Professional Office Services, Inc.) not to exceed $500,000", be adopted and instruct
Clerk to publish notice of hearing. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 1981-564.
81393 - Moved by Dowie, seconded by Penaluna
that "Resolution authorizing the execution of a Memorandum of Agreement by and between
the City of Waterloo, Iowa and a partnership, composed of Herbert E. Williams, Parke H.
Behn, Donald L. Lawson and Larry Hickman regarding the issuance of Industrial Revenue
Bonds not to exceed $200,000", be adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 1981-565.
81394 - Moved by Penaluna, seconded by Bowers
that "Resolution fixing date of hearing as December 7, 1981 at 7:00 P.M. at City Hall
Council Chambers for hearing on proposed Industrial Revenue Bonds, Series 1981
(Building Partnership Project) not to exceed $200,000", be adopted and instruct Clerk
to publish notice of hearing. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 1981-566.
81395 - Moved by Penaluna, seconded by Roehr
that "Resolution authorizing and approving the execution of a lease agreement by and
between the City of Waterloo, Iowa and Johnny and Janice Rice", be received, placed on
file and action delayed one week. Motion carried.
ORDINANCES TO BE ADOPTED
81396 - Moved by Roehr, seconded by Wilharm
that "an ordinance amending Ordinance No. 2644, known as the Traffic Ordinance, by
adding Subsection (18a) Howrey Avenue to Section 569, Truck Traffic Prohibited on
Certain Streets", be received, placed on file and passed for the first time. Motion
carried.
November 9, 1981 Page 6
ORDINANCES TO BE ADOPTED - CONTINUED
81397 Moved by Bowers, seconded by Burton
that "an ordinance of the City of Waterloo, Iowa, designated as the Uniform Fire Code,
1979 Edition, as published by the International Conference of Building Officials, in
which it is the intent of the code to prescribe regulations consistent with nationally
recognized good practice for the safeguarding to a reasonable degree of life and
property from the hazards of fire and explosion arising from the storage, handling and
use of hazardous substances, materials and devices, and from conditions hazardous to
life or property in the use or occupancy of buildings or premises", be received, placed
on file and passed for the second time. Ayes: Six. Absent: Getty. Motion carried.
81398 Moved by Burton, seconded by Dowie
that the rules requiring ordinances to be considered and voted for passage 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. Ayet:
Six. Absent: Getty. Motion carried.
81399 Moved by Wilharm, seconded by Bowers
that "an ordinance of the City of Waterloo, Iowa, designated as the Uniform Fire Code,
1979 Edition, as published by the International Conference of Building Officials, in
which it is the intent of the code to prescribe regulations consistent with nationally
recognized good practice for the safeguarding to a reasonable degree of life and
property from the hazards of fire and explosion arising from the storage, handling and
use of hazardous substances, materials and devices, and from conditions hazardous to
life or property in the use in the use or occupancy of buildings or premises", be
adopted. Ayes: Six. Absent: Getty.
Ordinance adopted and upon approval by Mayor assigned No. 3169.
81400 Moved by Dowie, seconded by Burton
that the rules requiring ordinances to be considered and voted for passage 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:
Six. Absent: Getty. Motion carried. (See C.R.#81401 below)
81401 Moved by Burton, seconded by Bowers
that "an ordinance of the City of Waterloo, Iowa, designated as the "Life Safety Code"
1981 Edition as published in 1981 by the National Fire Protection Association; repealin
in its entirety Ordinance No. 2565 known as Chapter 14-4 of the Code of Ordinances of
the City of Waterloo, Iowa, and all other ordinances and parts of ordinances in
conflict therewith", be adopted. Ayes: Six. Absent: Getty.
Ordinance adopted and upon approval by Mayor assigned No. 3170.
BILLS - PAYMENT
81402 Moved by Dowie, seconded by Penaluna
that "Bills, Resolution, Schedules 'A' and 'B'", be adopted.
Resolution adopted and upon approval by Mayor assigned No. 1981-567.
November 9, 1981
BILLS -PAYMENT - CONTINUED
81403 - Moved by Roehr, seconded by Wilharm
that "Resolution authorizing the payment of the following pay estimates for work
completed by contractors and amounts indicated together with recommendation for
approval:
Pay Estimate No. 2 - Castle Hill Drainage Improvements, Helen Road Culvert
Replacement and Railroad Cut, Contract No. 222, Roy Avis Construction Company --
$53,818.88
Pay Estimate No. 1 - Lincoln-Ackermant Area Storm and Sanitary Sewer
Improvements, Stage II, Contract No. 214, Hurst Excavating, Inc. -- $125,917.56
Pay Estimate No. 7 - Shaulis Road Grading and Paving, Federal Project No.
M-6470(2)--81--07, Contract No. 201, Fred Carlson Company, Inc. -- $18,522.94",
be adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 1981-568.
81404 - Moved by Bowers, seconded by Burton
that "Resolution authorizing the payment of the following statements for work completed
by contractors and amounts indicated together with recommendation for approval:
Illinois Central Gulf Railroad Progressive Bill No. 1 and Final - Project No.
RRP-6650(1)-48-07 - Signal Installation -- $37,116.74.
Illinois Central Gulf Railroad Progressive Bill No. 1 - Project No. RRO-000S(2)-71-07
Signal Installation -- $20,659.71",
be adopted. Ayes: Six. Absent: Getty.
Resolution adopted and upon approval by Mayor assigned No. 1981-569.
MISCELLANEOUS
81405 - Moved by Wilharm, seconded by Penaluna
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:
Page 7
Beer and Liquor License Permit Application
Class C
The Patrick Landau Corporation dba Concession Concepts, Electric Park Ballroom
(11/12/81)(New Owner - Old Location)
Beer Permit License Applications
Class C
James J. Hannigan dba Checker -Imperial Oil Company of Iowa, 923 Washington St.
(10/20/82)(New Owner - Old Location)
James J. Hannigan dba Checker -Imperial
(10/20/82)(New Owner - Old Location)
Total Petroleum, Inc. dba Vickers, 515
Total Petroleum, Inc. dba Vickers, 910
Sunday Sales - Beer and Liquor License
Class C
The Patrick Landau Corporation dba Concession Concepts, Electric Park Ballroom
(11/12/81)(New Owner - Old Location)
Sunday Sales - Beer Permit License Applications
Claes C
James J. Hannigan dba Checker -Imperial Oil Company of Iowa, 923 Washington St.
(10/20/82)(New Owner - Old Location)
James J. Hahnigan dba Checker -Imperial Oil Company of Iowa, 1220 Franklin St.
(10/20/82)(New Owner - Old Location)
Total Petroleum, Inc. dba Vickers, 515 Broadway (12/31/82)(Renewal)
Total Petroleum, Inc. dba Vickers, 910 Washington (12/31/82)(Renewal)
Oil Company of Iowa, 1220 Franklin St.
Broadway (12/31/82)(Renewal)
Washington (12/31/82)(Renewal)
Permit Application
Motion carried.
November 9, 1981 Page 8
BONDS
81406 - Moved by Bowers, seconded by Dowie
that report of City Attorney and list of bonds filed with Clerk through November 9,
1981, be received, placed on file and report and bonds approved. Motion carried.
81407 - Moved by Bowers, seconded by Burton
that the Council adjourn. Motion carried.
Larry P. Burger
City Clerk