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Home My WebLink About10/12/81October 12, 1981 The Council of the City of Waterloo, Iowa, met in Regular Session at West High School Waterloo, Iowa at 7:00 P.M., on October 12, 1981. Mayor Rooff in the Chair. On Roll Call: Present: Penaluna, Roehr, Wilharm, Bowers, Burton, Dowie. Absent: Getty. Invocation by Councilman Wilharm. 81219 - Moved by Roehr, seconded by Wilharm the Agenda, as amended, for the Regular Session of October 12, 1981, at 7:00 P.M., be accepted and approved. Motion carried. 81220 Moved by Burton, seconded by Dowie that the minutes of the Regular Session held October 5, 1981 at 7:00 P.M. be approved. Motion carried. HEARINGS & BIDS 81221 Moved by Penaluna, seconded by Burton that proof of publication of notice of public hearing on proposed plans, specifications, form of contract, estimate of costs, etc., for the construction of F.Y. 1981 Warren Drive Storm Sewer Outlet, Contract No. 209 as published in the Waterloo Courier on October 5, 1981, be received and placed on file. Motion carried. 81222 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 Roehr, seconded by Bowers that "Resolution confirming the approval of plans, specifications, etc., for the construction of F.Y. 1981 Warren Drive Storm Sewer Outlet, Contract No. 209", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1981-500. 81223 Moved by Bowers, seconded by Burton that "Resolution ordering construction of F.Y. 1981 Warren Drive Storm Sewer Outlet, Contract No. 209", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1981-501. 81224 Moved by Roehr, seconded by Wilharm that proof of publication of notice to contractors of invitation for bids of construction of F.Y. 1981 Warren Drive Storm Sewer Outlet, Contract No. 209 as published in the Waterloo Courier on October 5, 1981 be received and placed on file. Motion carried. 81225 - Moved by Wilharm, seconded by Penaluna that the following bids be received, placed on file, Clerk instructed to open and read same and bids referred to Engineers for checking and report back in one week. BIDDER BASE A B BID BOND OR CASHIERS CHECK 1) Ernester & Co., Inc. $33,392.30 $2,865.55 $742.40 6% 2) Gene Bond Plumbing & Heating 31,912.50 2,991.50 649.60 5% 3) Lehman Trucking & Excavating Co. 31,535.00 2,468.00 696.00 5% October 12, 1981 Page 2 81225 - Continued. BIDDER BASE A B BID BOND OR CASHIERS CHECK 4) Dale J. Clark Con- tracting Co. $41,070.00 $3,241.75 $ 649.60 5% 5) Assink Brothers 36,518.50 3,558.00 3,364.00 5% Motion carried. HEARING 81226 - Moved by Roehr, secondei by Burton that proof of publicatiod of Notice of Intention to Issue Industrial Development Revenue Bonds (Advanced Heat Treat Corp. Project) not to exceed $400,000 in the City of Waterloo, Iowa, as published in the Waterloo Courier on September 25, 1981, be received and placed on file. Motion carried. 81227 - HOLD HEARING - This being the time and place to hold hearing the Mayor called for written and oral objections. The Clerk reported no written objections on file. The Mayor then asked if there was any person or persons present to express views for or against the proposal to issue said bonds, notice of said hearing having been published as required by law. No written objections or other comments were received. After ample opportunity had been given to all persons who appeared at the hearing to express their views for or against the proposal to issue the bonds, Council Member Dowie proposed the following resolution and moved its adoption. Council Member Wilharm seconded the motion and "Resolution determining to proceed with the issuance and sale of not to exceed $400,000 in aggregate principal Industrial Development Revenue Bonds (Advanced Heat Treat Corp. Project) of the City of Waterloo", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1981-502. ORAL PRESENTAT A S 81228 - Irvin Kressley inquired as to the status of the street improvements in Cedar Terrace. Mayor Rooff responded by stating that a possible solution is being discussed. He and Councilman Dowie will be scheduling a neighborhood meeting within the next week to inform the residents. Larry Lehman asked why the City will not release project cost estimates when construction bids are let. Mayor Rooff will investigate the matter. He also asked why only $25.00 of a $50.00 deposit on plans and specifications are returned when the bid documents are returned. Dennis Gentz, City Engineer's Office, stated that one of the City's consultants follows this procedure; however, the City returns the full deposit. PETITIONS FROM PUBLIC 81229 - Moved by Burton, seconded by Bowers that request of Ronald C. Thompson for permission to construct a temporary asphalt driveway at 24' ;ayle Street, without regard to sidewalk grade together with $3.00 for recording waive, , and City Engineer's recommendation for approval subject to the provisions of hi letter be received, placed on file, approved and "Resolution granting permission to Ronald C. Thompson and authorizing construction of a temporary asphalt driveway at 241 Gayle Street, irrespective of a later official grade", be adopted. Resolution adopted and upon approval by Mayor assigned No. 1981-503. October 12, 1981 81230 Moved by Bowers, seconded by Wilharm that petition from area residents in the Maywood Neighborhood requesting paving be received, placed on file and referred to Community Development and Engineering for review and report back. Motion carried. Page 3 UNFINISHED BUSINESS 81231 - Moved by Wilharm, seconded by Bowers that communication from Assistant Planning Director on request of James Ishman to reduce building setback line at (1033 Wilbur Avenue) -- Waterloo Fire Extinguisher, Inc. referred to under C.R. #81173 of 9/28/81 be received, placed on file and request denied. Motion carried. 81232 Moved by Roehr, seconded by Dowie to request that the Zoning Commission review the present Zoning Ordinance to allow flexibility in changing building setback lines in existingly developed portions of the community. Motion carried. 81233 Moved by Roehr, seconded by Dowie that communication from City Engineer on cost estimate for Pleasant Valley Drive Ditch referred to under C.R. #81171 of 9/28/81 be received and placed on file. Motion carried. 81234 Moved by Bowers, seconded by Wilharm that communication from Engineering Department reporting on two petitions for Wallgate Avenue and Janney Avenue requesting paving with Block Grant Funds as referred to under C.R. #81207 of 10/5/81 be received, placed on file and approved. Motion carried. 81235 The Mayor stated that the school would place an adult crossing guard at this intersection. Councilman Burton suggested that a temporary, movable stop sign be placed at the intersection. Moved by Burton, seconded by Bowers that petition from residents in the Devonshire Road and Ansborough Avenue area requesting installation of stop lights at Devonshire and Ansborough Avenue referred to Sign and Traffic Department under C.R. #81171 of September 28, 1981, be received and placed on file. Motion carried. REPORTS 81236 Moved by Dowie, seconded by Burton that Finance Director's Statement showing Fund Balance September 1, 1981, $17,067,861.86 + Revenues $2,186,540.97 - Bill Payments $1,598,368.84 - Payrolls $1,192,196.53 - Commission Bills $280,426.94 - Transfers $4,053.18, Fund Balance September 30, 1981, -- $16,179,357.34, be received, placed on file and approved. Motion carried. 81237 - Moved by Bowers, seconded by Dowie that City Treasurer's Statement of September, 1981, $17,328,776.71 + Revenue - Property Taxes $154,661.72 + Revenues - City Clerk $740,164.32 + Revenues - City Treasurer $1,152,963.11 + Revenues - Transfers $159,053.30 - Disbursements $2,852,010.94, Balance on Hand September 30, 1981 -- $16,683,608.22, be received, placed on file and approved. Motion carried. October 12, 1981 Page 4 81238 Moved by Roehr, seconded by Penaluna that Certificate of Completion and Final Acceptance of the Work as submitted by Waterloo Street Department, for Contract No. 225, F.Y. 1982 Oiling Program and City Engineer's recommendation for approval and acceptance of work, be received, placed on file and "Resolution approving the Certificate of Completion and Final Acceptance of the Work as to work and materials furnished by Waterloo Street Department, for F.Y. 1982 Oiling Program, Contract No. 225 and accepting the work", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1981-504. RESOLUTIONS TO BE ADOPTED 81239 - Moved by Roehr, seconded by Bowers that "Resolution authorizing the cancellation of conditional deficiency assessments on Lark Lane in conjunction with the F.Y. 19/8 Paving Program, Contract No. 162", be adopted. Ayes: Penaluna, Roehr, Bowers, Dowie. Nays: Wilharm, Burton. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1981-505. 81240 - Moved by Bowers, seconded by Dowie that "Resolution authorizing sale and conveyance of Archer Avenue lying east of the right-of-way of Colorado Street and west of the right-of-way line of U.S. Highway 20 to Jesse F. and Patricia J. Lyons in the amount of $457.35", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor asigned No. 1981-506. 81241 Moved by Wilharm, seconded by Bowers that "Resolution authorizing the issuance and sale of Industrial Development Revenue Bonds, Series 1981 (Parrott & Wood Project), in the aggregate principal amount of $240,000, the execution and delivery of a Bond Purchase Agreement to secure said Bonds, and the execution and delivery of a Loan Agreement with Iowa Funeral Management, Inc., d/b/a Parrott & Wood Funeral Home", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1981-507. 81242 Moved by Bowers, seconded by Burton that "Resolution authorizing the filing of an application with the Department of Transportation, United States of America, 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. 1981-508. ORDINANCES TO BE ADOPTED. 81243 Mayor Rooff reiterated his opinion that the salary of the Mayor should not be raised to the recommended level. Instead, he would suggest the amounts of $31,000 as of January 1, 1982 and $33,170 as of January 1, 1983. He expressed his dislike of accepting an increase given the unstable economy and the many people in the community who are not in a comfortable financial position. He strongly recommended that the committee review their proposal. The Mayor favorably viewed the increase proposed for City Councilman. Moved by Dowie, seconded by Penaluna that "An Ordinance establishing the salary of the Mayor of the City of Waterloo, Iowa beginning January 2, 1982, and repealing Ordinance No. 3036", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Getty. Motion carried. October 12, 1981 81244 - Moved by Bowers, seconded by Burton Page 5 that "An Ordinance fixing the compensation of Council Members of the City of Waterloo, Iowa beginning January 2, 1982, and repealing Ordinance No. 3037", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Getty. Motion carried. BILLS -PAYMENT 81245 - Moved by Dowie, seconded by Roehr that "Bills, Resolution, Schedules 'A' and '8", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1981-509. 81246 Moved by Burton, seconded by Bowers that "Resolution authorizing the payment of the following pay estimates for work completed by contracts and amounts indicated together with recommendation for approval: Pay Estimate No. 5 - Shaulis Road Grading and Paving, Federal Project No. M-6470(2)--81--07, Contract No. 201, Fred Carlson Company, Inc. -- $490,769.31 Pay Estimate No. 1 - Castle Hill Drainage Improvements, Helen Road Culvert Replacement and Railroad Cut, Contract No. 222, Roy Avis Construction Company -- $36,061.00", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1981-510. 81247 - Moved by Bowers, seconded by Burton that "Resolution authorizing the payment of the following statement for work completed by contractor and amount indicated together with recommendation for approval: F.Y. 1981 Paving Program No. 2, Contract No. 219, Claassen Engineering & Surveying, Inc. -- $50,678.46", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1981-511. NEW BUSINESS 81248 - Moved by Roehr, seconded by Wilharm that communication from Water Pollution Control Plant Director reporting death benefit of Betty Williams, Water Pollution Control Plant effective September 29, 1981 and entitlement of 147 hours vacation pay and 752 1/4 hours sick leave be received, placed on file and "Resolution approving payment of $6,303.74 sick leave and vacation pay to the Estate of Betty Williams", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor assigned No. 1981-512. 81249 - Moved by Burton, seconded by Dowie that communication from Water Pollution Control Plant Director reporting resignation of Dennis Walentiny, Water Pollution Control Plant effective October 2, 1981 and entitlement of 33 hours vacation pay be received, placed on file and "Resolution approving payment of $236.61 vacation pay to Dennis Walentiny, Water Pollution Control Plant", be adopted. Ayes: Six. Absent: Getty. 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UOL2PDLufWWOJ 3P142 Punieuad kg papuooas 'a4moa kg panoW 't719-1861 'ow pau6tsse JOs'PW Ng IPAOJddP uodn pup paldopp uo44nlosaa •A'44a9 :4uasgy *xis :sally •paldopp aq `„luaw2JPdaO Jamas `aJooM •y Ja3leM off. /bpd NOLs pue UOL2POPA ti0•IL178`9$ Jo quawA'ed 6uLAoJdde uot2nlosad„ pue allj uo paopld `paAiaoaJ aq Red Ao!s sJnoy Z59 pue Red UOL1P3PA sJnO'.i 901 10 Wuawai444ua puP 1861 `11 JagwanoN aA44oa3Ja aJooM •y JalipM 40 2UeWaJL49J bui4JodaJ sJaMas jo 3uapue uLJadns WOJJ uopeoiunwwoo ley3 9 a6Pd sJaMoB kg papuooas `Jyaod kg panoW - 55ZI8 - t79Z18 - £9Z18 - Z9Z18 - ISM? - OSZ18 1861 `Z1 Jago1.a0 October 12, 1981 Page 7 81256 - Continued. Beer and Liquor License Permit Applications Class A The Supervisors Club, Inc. 3265 DeWitt Road (Renewal) Class C Gurland, Inc. dba The Brown Bottle, 209 W. 5th St. (Renewal) Beer License Permit Applications Class B Pizza Hut of America, Inc. dba Pizza Hut, 714 LaPorte Rd. (Renewal) Juan V. Tobar dba El Charro, 302 W. 4th St. (Renewal) Pizza Hut of America, Inc. dba Pizza Hut, 1130 Ansborough (Renewal) Sunday Sales - Beer and Liquor License Permit Applications Class A The Supervisors Club, Inc., 3265 DeWitt Road (Renewal) Class C Gurland, Inc. dba The Brown Bottle, 209 W. 5th St. (Renewal) Sunday Sales - Beer License Permit Applications Class B Pizza Hut of America, Inc. dba Pizza Hut, 714 LaPorte Rd. (Renewal) Juan V. Tobar dba El Charro, 302 W. 4th St. (Renewal) Pizza Hut of America, Inc. dba Pizza Hut, 1130 Ansborough (Renewal) Motion carried. 81257.- A representative of Wilber Auto Body & Sales, Inc. stated that this application represented only the additional property on Sheffield Avenue, but that it would not be used as a primary entrance. It will remain an emergency entrance only. Moved by Dowie, seconded by Roehr that the following application for Automobile Salvage Yard License be received, placed on file and approved: Wilber Auto Body & Sales, Inc. 1261 Sheffield Motion carried. 81258 - Moved by Roehr, seconded by Bowers that four new of Cigarette License Permits, be received, placed on file, and granted. Motion carried. BONDS 81259 - Moved by Bowers, seconded by Wilharm that report of City Attorney and list of bonds filed with Clerk through October 12, 1981, be received, placed on file and report and bonds approved. Motion carried. 81260 - Moved by Burton, seconded by Wilharm that the Council adjourn. Motion carried. Larry P. Burger City Clerk