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HomeMy WebLinkAbout08/24/81August 24, 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 August 24, 1981. Mayor Rooff in the Chair. On Roll Call: Present: Getty, Penaluna, Roehr, Wilharm, Bowers, Burton, Dowie. Invocation by Council Member Wilharm. 80974 - Moved by Roehr, seconded by Burton that the Agenda, as amended, for the Regular Session of August 24, 1981, at 7:00 P.M., be accepted and approved. Motion carried. 80975 - Moved by Burton, seconded by Dowie that the minutes of the Regular Session held August 17, 1981 at 7:00 P.M. be approved. Motion carried. HEARINGS & BIDS 80976 - Moved by Dowie, seconded by Bowers that proof of publication of notice of public hearing on proposed plans, specifications, form of contract, estimate of costs, etc., for the construction of Castle Hill Drainage Improvements Helen Road Culvert Replacement and Railroad Cut Sections 1 and 2, Contract No. 222 and taking of construction bids, therefore, as published in the Waterloo Courier on August 6, 1981, be received and placed on file. Motion carried. 80977 - 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 Wilharm that "Resolution confirming the approval of plans, specifications, etc., for the construction of the Castle Hill Drainage Improvements Helen Road Culvert Replacement and Railroad Cut Sections 1 and 2, Contract No. 222", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-413. 80978 - Moved by Bowers, seconded by Burton that "Resolution ordering construction of Castle Hill Drainage Improvements Helen Road Culvert Replacement and Railroad Cut Sections 1 and 2, Contract No. 222", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-414. 80979 - Moved by Roehr, seconded by Getty that proof of publication of notice to contractors of invitation for bids of construction of Castle Hill Drainage Improvements Helen Road Culvert Replacement and Railroad Cut Sections 1 and 2, Contract No. 222 as published in the Waterloo Courier on August 6, 1981, be received and placed on file. Motion carried. 80980 - Moved by Wilharm, seconded by Dowie that the following bids be received, placed on file, Clerk instructed to open and read same and bids referred to Engineers for checking: BIDDER AMT. BID BOND OR CASHIERS CHECK Sec. I Sec. II Lehman Trucking & Excavating, Inc. $174,293.40 $16,335.00 10% Roy Avis Construction Co. Peterson Contractors, Inc. Motion carried. HEARINGS 149,836.80 6,723.00 10% 161,741.78 12,801.50 10% 80981 Moved by Roehr, seconded by Burton that proof of publication of notice of public. hearing on proposal to vacate a portion of Delane Avenue as published in the Waterloo Courier on August 7, 1981 be received and placed on file. Motion carried. 80982 - Moved by Burton, seconded by Dowie to receive and place on file letters supporting the closing of Delane Avenue from area residents. Motion carried. 80983 Moved by Bowers, seconded by Roehr to receive and place on file Plan and Program Commission's recommendation of approval. Motion carried. HEARINGS (CONTINUED) 80984 - Moved by Burton, seconded by Bowers that "an ordinance vacating a portion of Delane Avenue south of U.S. Highway 63 and north of Martin Road", be received, placed on file and passed for the first time. Ayes: Seven. Motion carried. 80985 - 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. Ayes: Seven. Motion carried. 80986 - Moved by Bowers, seconded by Burton that "an ordinance vacating a portion of Delane Avenue south of U.S. Highway 63 and north of Martin Road", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3156. ORAL PRESENTATIONS 80987 - Betty Cline, Principal at Devonshire Elementary School, asked that the pedestrian traffic situation be reviewed at the crossings along Ansborough Avenue. She suggested that school lights may be necessary. Moved by Roehr, seconded by Getty to receive and place on file the above request and refer to the Sign and Traffic Department for review and recommendation. Motion carried. 80988 - Ethel Hughes, 323 Crescent Place, asked if the street light recently placed in the 300 Block of Crescent Place was being paid by the City. Mayor Rooff responded that if a private individual had requested its installation, the City would not be responsible for the cost. Moved by Penaluna, seconded by Bowers to receive and place on file the above comments and refer to Curt Parsons, Building Inspection for review and report back. 80989 - Irvin Kressley asked about the status of the paving of streets in the Cedar Terrace area. Mayor Rooff responded by stating that several alternatives are being considered, with respect given to finding an economical solution. A representative of B. H. Blattner thanked the Mayor and Council for their cooperation in performing the grading of the I-380 - 520 Interchange and granting them a noise variance. Petitions were presented for the paving of the 1100 Block of Wallgate and the 700 Block of Janney Avenue with Block Grant funds requested as a source of funding. Moved by Roehr, seconded by Dowie to receive and place on file the above petitions. Motion carried. PETITIONS FROM PUBLIC 80990 - Moved by Burton, seconded by Roehr that request of Harold W. Meier for permission to construct a temporary asphalt driveway at 5334 Foulk, 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 Harold W. Meier authorizing construction of a temporary asphalt driveway at 5334 Foulk irrespective of a later official grade", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-415. 80991 - Moved by Roehr, seconded by Bowers that communication from Plan and Program Commission transmitting request of Wilber's Auto Salvage Yard to expand present location at 1261 Sheffield together with Plan and Program Commission's recommendation of approval be received, placed on file and "Resolution setting date of hearing as September 14, 1981 at 7:00 P.M. in City Hall Council Chambers", be adopted and Clerk instructed to publish notice of hearing. Ayes: Penaluna, Roehr, Wilharm, Bowers, Dowie. Nays: Getty, Burton. Resolution adopted and upon approval by Mayor assigned No. 1981-416. 80992 Moved by Penaluna, seconded by Dowie that request of Leroy Rousselow to rezone from "R-2" One and Two Family Residential District to "C-2" Commercial District five lots generally located north of Howard Avenue and west of U.S. Highway 218 together with Zoning Commission's recommendation of approval be received, placed on file and "Resolution setting date of hearing as September 14, 1981 at 7:00 P.M. in City Hall Council Chambers", be adopted and instruct Clerk to publish notice of hearing. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-417. August 24, 1981 -2- PETITIONS FROM PUBLIC (CONTINUED) 80993 - Moved by Dowie, seconded by Bowers that request of the Waterloo City Zoning Commission for the Council on its own motion to rezone from "U-1" Unclassified District to "M-1" Light Industrial District approximately 20 acres of land generally located between West llth and West 18th Streets and north of Black Hawk Street together with Zoning Commission's recommendation of approval be received, placed on file and "Resolution setting date of hearing as September 14, 1981 at 7:00 P.M. in the City Hall Council Chambers", be adopted and instruct Clerk to publish notice of hearing. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-418. 80994 - Moved by Roehr, seconded by Bowers that communication from Plan and Program Commission transmitting request of Chase Auto Salvage Yard to locate south of Mitchell Avenue, east of Sheffield Avenue and north of the existing Chase Auto Salvage Yard together with Plan and Program Commission's recommendation of approval be received, placed on file and "Resolution setting date of hearing as September 14, 1981 at 7:00 P.M. in City Hall Council Chambers", be adopted and instruct Clerk to publish notice of hearing. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-419. REPORTS 80995 - Moved by Burton, seconded by Getty that the City Council meet in Executive Session to discuss the grievances filed by Police Officers John Daws and Jack Stainbrook. Ayes: Seven. Motion carried. EXECUTIVE SESSION 80996 - Moved by Getty, seconded by Burton that the City Council meet in regular session. Motion carried. 80997 - Moved by Roehr, seconded by Dowie that due to a procedural matter the communication from Police Officer John Daws appealing to City Council on grievance filed with the Chief of Police dated July 17, 1981 in regard to the removal of six officers from the juvenile plainclothes duties and returning same to juvenile uniform duties be received, placed on file and grievance sustained. Ayes: Seven. Motion carried. 80998 - Moved by Getty, seconded by Burton that the appeal to the City Council from Police Officer Jack Stainbrook in regard to his request for turnover of those persons in temporary positions (due to the impending lawsuit) every ninety (90) days be sustained. Ayes: Getty, Penaluna, Burton. Nays: Roehr, Wilharm, Bowers, Dowie. Motion NOT carried. DOCUMENTS 80999 - Moved by Bowers, seconded by Penaluna that agreement from Black Hawk Humane Society, Inc. in connection with assisting City with small animal control, be received, placed on file and "Resolution authorizing and approving the execution of an agreement by and between the City of Waterloo, Iowa and the Black Hawk Humane Society, Inc.", be adopted and Clerk instructed to record same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-420. 81000 - Moved by Bowers, seconded by Burton that Change Order No. 2 for work performed in connection with F.Y. 1981 Fowler Street Sanitary Sewer Program, Contract No. 216, together with City Engineer's recommendation for approval, be received, placed on file, approved and Mayor and City Clerk authorized to execute same. Motion carried. 81001 - Moved by Burton, seconded by Bowers that Change Order No. 4 for work performed in connection with Shaulis Road Grading and Paving Project, Contract No. 201, together with City Engineer's recommendation for approval, be received, placed on file, approved and Mayor and City Clerk authorized to execute same. Motion carried. RESOLUTIONS TO BE ADOPTED 81002 - Moved by Roehr, seconded by Bowers that communication from Plan and Program Director transmitting Request for Proposal (RFP) for the purposes of securing a developer for the proposed support retail space in connection with the West Side Parking Ramp Expansion together with notices to be sent to prospective developers be received, placed on file and "Resolution authorizing the initiation of work relating to Request for Proposals (RFP) and approving the mailing of notices to prospective developers for the retail space in conjunction with the West Side Parking Ramp Expansion", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-421. August 24, 1981 -3- RESOLUTIONS TO BE ADOPTED 81003 - Moved by Roehr, seconded by Bowers that communication from Plan and Program Commission requesting condemnation of permanent and temporary easements from Rose Richardson (owner), Richard C. and Helen Anderson (contract buyer), Francis L. Mahan (owner) and Joan E. Christensen (owner) for sanitary sewer in conjuction with Lowder Road Sanitary Sewer Program be received, placed on file and "Resolution authorizing condemnation of certain property for sanitary sewer purposes for the Lowder Road Sanitary Sewer Program", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-422. 81004 - Moved by Bowers, seconded by Getty that "Resolution authorizing the execution of a Memorandum of Agreement with Iowa Funeral Management, Inc., an Iowa corporation dba Parrott & Wood Funeral Home", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-423. 81005 - Moved by Bowers,, seconded by Dowie that "Resolution fixing the date of hearing as September 14, 1981 on issuance of proposed Industrial Development Revenue Bonds, Series 1981 not to exceed $300,000 for Parrott and Wood Funeral Home", be adopted and Clerk instructed to publish notice accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-424. 81006 - Moved by Dowie, seconded by Bowers that "Resolution authorizing employment of Carney, Alexander, Merold & Company to conduct fiscal audit for F.Y. 1981", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-425. ORDINANCES TO BE ADOPTED 81007 Moved by Roehr, seconded by Bowers that "an ordinance vacating the east two feet of the west eight feet of the north 66.13 feet of Lot 18, Bonds Addition, be received, placed on file and passed for the second time. Ayes: Seven. Motion carried. 81008 - Moved by Roehr, seconded by Bowers 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: Seven. Motion carried. 81009 - Moved by Penaluna, seconded by Bowers that "an ordinance vacating the east two feet of the west eight feet of the north 66.13 feet of Lot 18, Bonds Addition, be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3157. 81010 - Moved by Burton, seconded by Penaluna that "an ordinance amending Ordinance No. 2644, known as the Traffic Ordinance, by Repealing Subsection (4) Jefferson Street of Section 542, One -Way Streets and Alleys, in its entirety, and enacting in lieu thereof new Subsection (4) Jefferson Street to Section 542, One -Way Streets and Alleys", be received, placed on file and passed for the second time. Ayes: Seven. Motion carried. 81011 Moved by Wilharm, 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. Ayes: Seven. Motion carried. 81012 - Moved by Burton, seconded by Penaluna that "an ordinance amending Ordinance No. 2644, known as the Traffic Ordinance, by Repealing Subsection (4) Jefferson Street of Section 542, One -Way Streets and Alleys, n its entirety, and enacting in lieu thereof new Subsection (4) Jefferson Street t Section 542, One -Way Streets and Alleys", be adopted. Ayes: Seven. Ordinan adopted and upon approval by Mayor assigned No. 3158. 81013 - Dassine Melcher, 752 Sherman Avenue, asked if the request for rezoning had been reduced to 160 feet of frontage on Donald Street. It was affirmed that the request had been reduced. she continued that the residents in the area were still against the rezoning. Moved by Wilharm, seconded by Roehr that "an ordinance amending Ordinance No. 2479, as amended, by adding Subsection No. 190, Rezoning Certain Property to Section 2A-5", be received, placed on file and passed for the third time. Ayes: Seven. Motion carried. 81014 - Moved by Burton, seconded by Bowers that "an ordinance amending Ordinance No. 2479, as amended, by adding Subsection No. 190, Rezoning Certain Property to Section 2A-5", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3159. August 24, 1981 -4- BILLS - PAYMENT 81015 - Moved by Dowie, seconded by Roehr that "Bills, Resolution, Schedule "A", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-426. 81016 - Moved by Bowers, seconded by Dowie 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. 1 - F.Y. 1981 Columbus Area Storm Sewer, Contract No. 211, R.E.A., Ltd. -- $55,522.49 Pay Estimate No. 3 - F.Y. 1981 Rachael Street Storm Sewer, Contract No. 212, R.E.A., Ltd. -- $5,674.54", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-427. 81017 - Moved by Bowers, seconded by Dowie that "Resolution authorizing the payment of the following statements for work completed by contractors and amounts indicated together with recommendation for approval: F.Y. 1982 Cedar Terrace Area Paving Program, Contract No. 226, Schenk Engineering Company -- $631.40", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-428. NEW BUSINESS 81018 - Moved by Roehr, seconded by Penaluna that "preliminary resolution for the construction of street improvements in the City of Waterloo, Iowa, (F.Y. 1981 Paving Program No. 2, Contract No. 219)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-429. 81019 - Moved by Dowie, seconded by Burton that "resolution fixing values of lots for F.Y. 1981 Paving Program No. 2, Contract No. 219", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-430. 81020 - Moved by Roehr, seconded by Wilharm that "resolution adopting preliminary plat and schedule, estimate of cost and proposed plans and specifications for the construction of the 'F.Y. 1981 Paving Program No. 2, Contract No. 2.19 ", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned *, 1981-431. 81021 - Moved by Bowers, seconded by Dowie that "(Proposed) Resolution of Necessity for F.Y. 1981 Paving Program No. 2, Contract No. 219", be adopted and date of hearing set as September 14, 1981 at 7:00 P.M. in the Council Chambers in City Hall. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-432. 81022 - Moved by Bowers, seconded by Dowie that "resolution directing preparation of detailed plans and specifications, form of contract and notice to bidders on the Waterloo, Iowa, F.Y. 1981 Paving Program No. 2 (Contract No. 219). Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-433. 81023 - Moved by Roehr, seconded by Penaluna that "resolution ordering bids, approving plans, specifications and form of contract and notice to bidders, fixing amount of bid security, and ordering Clerk to publish notice and fixing a date for receiving same as September 14, 1981, and for a public hearing on plans, specifications, form of contract and estimate of costs", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-434. 81024 - Moved by Bowers, seconded by Dowie that "resolution approving request of Young Development Company to include Teton Drive in the F.Y. 1981 Paving Program No. 2, Contract No. 219", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-435. 81025 - Moved by Burton, seconded by Dowie that communication from Fire Chief submitting for Council approval the name of Charles Dean Smock and entitlement to $50.00 for cleaning allowance for the first six months of F.Y. 1982 together with recommendation of approval be received, placed on file and "Resolution approving payment of $50.00 for cleaning allowance to Charles Dean Smock for the first six months of F.Y. 1982", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-436. 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