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HomeMy WebLinkAbout06/08/81June 8, 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 June 8, 1981. Mayor Rooff in the Chair. On Roll Call: Present: Bowers, Burton, Dowie, Getty, Penaluna, Roehr, Wilharm. Invocation by Councilman Getty. 80604 - Moved by Roehr, seconded by Dowie that the Agenda, as amended for the Regular Session of June 8, 1981, at 7:00 P.M., be accepted and approved. Motion carried. 80605 - Moved by Dowie, seconded by Burton that the minutes of the Regular Session held June 1, 1981 at 7:00 P.M. be approved. Motion carried. HEARINGS 80606 - Moved by Burton, seconded by Wilharm that proof of publication of notice of public hearing on amending the current budget for the fiscal year ending June 30, 1981 as published in the Waterloo Courier on May 29, 1981 be received and placed on file. Motion carried. 80607 - HOLD HEARING - This being the time and place to hold hearing the Mayor called for written and oral objections and there were none. Mayor Rooff explained that the amendment was necessary to transfer money between funds; however, no increases in any line item would result. Moved by Wilharm, seconded by Getty that "Resolution amending current budget for fiscal year ending June 30, 1981", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-285. 80608 - Moved by Roehr, seconded by Dowie that proof of publication of notice of public hearing on Notice of Intention to Issue Industrial Development Revenue Bonds, Series 1981 (Dynamic Tool Company Project) as published in the Waterloo Courier on May 20, 1981 be received and placed on file. Motion carried. 80609 - HOLD HEARING - This being the time and place to hold hearing the Mayor called for written and oral objections and there were none. A company representative stated that the money would be used to acquire land and buildings on Airline Highway. The firm would be employing fifteen (15) additional persons. 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 Wilharm proposed the following resolution and moved its adoption. Council Member Dowie seconded the motion and "Resolution determining to proceed with the issuance and sale of not to exceed $300,000 in aggregate principal Industrial Revenue Bonds 1981 (Dynamic Tool Company Project) of the City of Waterloo", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-286. ORAL PRESENTATIONS 80610 - Walter Harrington, Jr. brought to the Council's attention the continued problem with parking north of Sullivan Park on Adams Street, as well as the nuisance of Hustler's Pool Hall. He added that law enforcement is needed for both of these situations. Mayor Rooff stated that the City is continuing to acquire land for additional parking for Sullivan Park. He asked that the Police Chief and Mr. Harrington meet to discuss the situation further. Moved by Wilharm, seconded by Bowers to receive and place on file the above remarks. Motion carried. 80610 - Continued. Carol Ennenga inquired about the auto salvage yard application made by Charlie Teague. Mayor Rooff reported that the public hearing is scheduled for Monday, June 22, 1981. Dick Ennenga asked why they were being allowed to locate in Waterloo. He explained that when the dike was constructed in Riverview the City would not relocate them. Vic Kennedy requested that all discussion on this matter be terminated because the matter is in litigation. 80611 - Ralph Anderson, City Engineer, presented a petition from residents in the 100 Block of Prince Street requesting paving and inclusion in the Seventh Year Block Grant Program. Moved by Bowers, seconded by Burton to receive and place on file the above petition. Motion carried. PETITIONS FROM PUBLIC 80612 - Moved by Dowie, seconded by Roehr that communication from Community Development Board transmitting requests of Arnold Kass, Dick Anderson and The National Bank of Waterloo to sell portions of the Virden Creek Impoundment and Dam Area Land with the retention of a flowage easement be received and placed on file and "Resolution setting date of hearing as June 22, 1981 at City Hall Council Chambers, Waterloo, Iowa", be adopted and Clerk instructed to publish notice of hearing. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-287. 80613 - Mayor Rooff reported that he and Sgt. Schaefer had met with the applicant with all parties agreeing to the following stipulations: 1) races may be run only between the hours of 4:00 P.M. and 9:30 P.M. and 2) mufflers will be required. Moved by Bowers, seconded by Penaluna that request of Tunis Speedway for variance to Noise Ordinance, Ordinance No. 3094, be received, placed on file and "Resolution authorizing variance to Noise Ordinance No. 3094 to Tunis Speedway for date of July 5, 1981 or rain date", be approved with the above two stipulations. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-288. 80614 - Moved by Bowers, seconded by Wilharm that communication from Plan and Program Commission transmitting site plan for Community Baptist Church located at the southeast corner of Anthony and Clearview Streets in City View Heights be received, placed on file and "Resolution fixing the time and place of hearing as June 22, 1981 at 7:00 P.M. in the City Hall Council Chambers on site plan proposal in City View Heights", be adopted and Clerk instructed to publish notice of hearing. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-289. UNFINISHED BUSINESS 80615 - Moved by Getty, seconded by Penaluna that communication from Community Development Board recommending that the bid of Hurst Excavating Company in the amount of $361,970.70 for the Lincoln Ackermant Area Storm Sewer & Sanitary Sewer Improvements, Stage II, Contract No. 214 be received, placed on file, approved and "Resolution awarding contract to Hurst Excavating Company in the amount of $361,970.70 for the Lincoln Ackermant Area Storm Sewer & Sanitary Sewer Improvements, Stage II, Contract No. 214", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-290. 80616 - Moved by Bowers, seconded by Burton that communication from City Engineer recommending that the bid of Denman Phillips Construction Co., Inc. in the amount of $9,532.85 for the F.Y. 1981 Sidewalk Repair Program No. 2, Contract No. 224 be received, placed on file, approved and "Resolution awarding contract to Denman Phillips Construction Co., Inc. in the amount of $9,532.85 for F.Y. 1981 Sidewalk Repair Program No. 2, Contract No. 224", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-291. June 8, 1981 -2- 80617 - Don Temeyer, Plan an( rogram Director, reported that de rear lot lines will contain a 20 foot drainage easement that will be so graded to allow storm water run-off to drain down the rear lot lines to Lucas Street. A dead storm sewer will be constructed in Lucas Street that could eventually be connected into the future storm sewer system in the area. Vic Kennedy, Assistant City Attorney, stated that the language in the deed of dedication should be written so that future property owners are aware of the use of this rear 20 feet. Moved by Roehr, seconded by Bowers that preliminary plat of Cloverdale Acres Replat No. 2 together with Engineer's Certificate of Survey, Deed of Dedication, Report of the City Engineer and Plan and Program Commission's resolution of approval and their recommendation for Council approval be received, placed on file and "Resolution approving the preliminary plat of Cloverdale Acres Replat No. 2 , Black Hawk County, Iowa", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-292. REPORTS 80618 - Moved by Burton, seconded by Dowie that Finance Director's Statement of May, 1981, showing Fund Balance May 1, 1981, $17,647,256.03 + Revenue $5,282,337.78 - Bill Payments $4,284,123.81 - Payrolls $1,087,952.80 - Commission Bills $299,529.77 - Transfers $9,364.64, Fund Balance May 30, 1981 -- $17,248,622.79, be received, placed on file and approved. Motion carried. 80619 - Moved by Dowie, seconded by Penaluna that City Treasurer's Statement of May, 1981, $18,471,173.31 + Revenues - Taxes $2,834,09.49 + Revenues - City Clerk $420,397.15 + Revenues - City Treasurer $1,886,094.32 + Revenues - Transfers $163,708.56 - Disbursements $5,677,210.87, Fund Balance May 31, 1981 -- $18,098,254.96, be received, placed on file and approved. Motion carried. DOCUMENTS 80620 - Moved by Bowers, seconded by Wilharm that communication from Plan and Program Commission transmitting Quit Claim Deed for right-of-way across property of Mr. Robert Etringer in connection with construction of storm drainage facility on Independence Avenue be received and placed on file and "Resolution approving Quit Claim Deed from Robert L. and Lucile M. Etringer for property along Independence Avenue", be adopted and instruct Clerk to record same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-293. 80621 - Moved by Dowie, seconded by Getty that Change Order No. 2 for work performed in connection with Lincoln-Ackermant Area Storm Sewer and Pumping Station, Stage I, Contract No. 205, by Hurst Plumbing & Excavating Company, together with Community Development's recommendation for approval, be received, placed on file, approved and Mayor and City Clerk authorized to execute same. Motion carried. 80622 - Moved by Roehr, seconded by Bowers that communication from Community Development Board transmitting easement agreement from Illinois Central Gulf Railroad in connection with Local Flood Protection Project for right-of-way from E. 18th Street to Evansdale together with recommendation of approval, be received, placed on file, and "Resolution authorizing and approvingthe execution of an easement agreement by and between the City of Waterloo, Iowa and the Illinois Central Gulf Railroad", be adopted and Clerk instructed to record same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-294. 80623 - Moved by Bowers, seconded by Dowie that contract, performance bond and certificate of insurance for Contract No. 216, together with recommendation for approval, be received, placed on file and "Resolution approving contract and bond of Lehman Trucking & Excavating, Inc., of Waterloo, Iowa, for F.Y. 1981 Fowler Street Sanitary Sewer Program, Contract No. 216 in the amount of $59,933.00", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-295. 80624 - Moved by Roehr, seconded by Dowie that communication from Community Development Board transmitting easement agreement from Illinois Central Gulf Railroad in connection with Local Flood Protection Project for right-of-way from E. llth St. to E. 18th St., together with recommendation of approval, be received, placed on file, and -°Resolution authorizing and approving the execution of an easement agreement by and between the City of Waterloo, Iowa and the Illinois Central Gulf Railroad", be adopted and Clerk instructed to record same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-296. 80625 - Moved by Penaluna, seconded by Bowers that communication from City Engineer transmitting Certificate of Completion and Final Acceptance of work for the F.Y. 1981 Carriage Hill Retention Basin, Section 3, Contract No. 210 be received, placed on file and "Resolution approving the Certificate of Completion and Final Acceptance of work for the F.Y. 1981 Carriage Hill Retention Basin, Section 3, Contract No. 210", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-297. 80626 - Moved by Burton, seconded by Bowers that communication from City Engineer transmitting Certificate of Completion and Final Acceptance of work for the F.Y. 1981 Dawson Street Sidewalk Program, Contract No. 217 be received, placed on file and "Resolution approving the Certificate of Completion and Final Acceptance of work for the F.Y. 1981 Dawson Street Sidewalk Program, Contract No. 217", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-298. 80627 - Moved by Roehr, seconded by Dowie that communication from City Engineer transmitting Certificate of Completion and Final Acceptance of work for the F.Y. 1981 Carriage Hill Retention Basin, Contract No. 210, Sections I & II be received, placed on file and "Resolution approving the Certificate of Completion and Final Acceptance of work for the F.Y. 1981 Carriage Hill Retention Basin, Sections I & II, Contract No. 210", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-299. RESOLUTIONS TO BE ADOPTED 80628 - Moved by Wilharm, seconded by Getty that "Resolution authorizing the issuance and sale of $650,000.00 Industrial Development Revenue Bonds, Series 1981 (Forward Broadcasting of Iowa, Inc. Project)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-300. 80629 - Moved by Bowers, seconded by Burton that "Resolution abolishing one (1) position each of Clerk I in the offices of the Building Inspection and Health Departments", be adopted and Clerk instructed to make notification. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-301. ORDINANCES TO BE ADOPTED 80630 - Moved by Burton, seconded by Roehr that "an Ordinance amending City Ordinance No. 1971 of Waterloo, Iowa, as amended, by repealing in its entirety Section 102 of Article I Eligiblity, and enacting in lieu thereof a new Section 102 of Article I Eligibility", be received, placed on file and passed for the first time. Ayes: Seven. Motion carried. 80631 - Moved by Getty, seconded by Bowers that "an Ordinance amending Ordinance No. 2644, known as the Traffic Code, by repealing Subsections (60), (61), (62) and (64), all LaPorte Road, of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof new Subsections (60), (61), (62) and (63), all LaPorte Road, of Section 541, Increasing Speed Limits in Certain Areas", be received, placed on file and passed for the first time. Ayes: Seven. Motion carried. 80632 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. 80633 - Moved by Dowie, seconded by Burton that "an Ordinance amending Ordinance No. 2644, known as the Traffic Code, by repealing Subsections (60), (61), (62) and (64), all LaPorte Road, of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof new Subsections (60), (61), (62) and (63), all La Porte Road, of Section 541, Increasing Speed Limits in Certain Areas", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3147. 80634 - Moved by Roehr, seconded by Burton that "an ordinance amending Chapter 24, Mobile Homes and Mobile Home Parks of the Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsections 24-16 and 24-18 and enacting in lieu thereof new Subsections 24-16 and 24-18", be received, placed on file and passed for the second time. Ayes: Seven. Motion carried. 80635 - Moved by Dowie, seconded by Burton that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended, the above ordinance recorded as having beec'"onsidered and passed for the send and third times, and now placed on its final adoption. Ayes: Seven. Motion carried. 4 80636 - Moved by Roehr, seconded by Getty that "an ordinance amending Chapter 24, Mobile Homes and Mobile Home Parks of the Code of Ordinances of the City of Waterloo, Iowa by repealing Subsections 24-16 and 24-18 and enacting in lieu thereof new Subsections 24-16 and 24-18", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3148. 80637 - Moved by Roehr, seconded by Burton that "an ordinance amending Ordinance No. 2479, as amended, known as the Zoning Ordinance by enacting a new Subsection B.3 to Section 2A-8 under part VI "A-1" Agricultural District", be received, placed on file and passed for the second time. Ayes: Seven. Motion carried. 80638 - Moved by Getty, seconded by Bowers that "an Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection (f) of Section 34-54, Basic Charge and Rates Established; Basis of Determination; Increase of Rates and Charges for Delinquent Payments, of Chapter 34, Utilities; and enacting in lieu thereof new Subsection (f) to Section 34-54, Basic Charge and Rates Established; Basis of Determination; Increase of Rates and Charges for Delinquent Payments, of Chapter 34, Utilities", be received, placed on file and passed for the third time. Ayes: Seven. Motion carried. 80639 - Moved by Burton, seconded by Wilharm that "an Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection (f) of Section 34-54, Basic Charge and Rates Established; Basis of Determination; Increase of Rates and Charges for Delinquent Payments, of Chapter 34, Utilities; and enacting in lieu thereof new Subsection (f) to Section 34-54, Basic Charge and Rates Established; Basis of Determination; Increase of Rates and Charges for Delinquent Payments, of Chapter 34, Utilities", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3149. BILLS - PAYMENT 80640 Moved by Dowie, seconded by Wilharm that "Bills, Resolution, Schedule A and B", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-302. 80641 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 Sidewalk Repair Program, Section I, II, III, Contract No. 221, Larry Hope -- $13,737.00. Pay Estimate No. 1 - F.Y. 1981 Paving Program, No. 213, Cedar Valley Corporation -- $58,150.56. Pay Estimate No. 2 - UDAG Project Public Improvements, Section I, Phase II, Contract No. 178, Cedar Falls Construction Co. -- $53,385.73 Pay Estimate No. 3 - UDAG Project Public Improvements, Section II, Phase II, Contract No. 178 - Cedar Valley Corporation -- $195,746.17 Pay Estimate No. 1 - F.Y. 1981 18th Street Bridge Painting and Repairs, Contract No. 220, Taylor-Isenhower, Inc. -- - Pay Estimate No. 2 - Shaulis Road Grading and Paving, Federal Project No. M-6470(2)--81-07, Fred Carlson Company, Inc. -- $118,511.74", be adopted. Resolution adopted and upon approval by Mayor assigned No. 1981-303. June 8, 1981 -5- 80642 - Moved by Penaluna, seconded by Bowers that "Resolution authorizing the payment of the following statements for work completed by contractors and amounts indicated together with recommendation for approval: Shaulis Road Grading and Paving from State Highway 21 to Relocated U.S. Highway 218, Federal Project No. M-6470(2)--81-07, Contract No. 201, Brice, Petrides and Associates, Inc. -- $21,297.66 Traffic Safety Study of 30 Intersections, Booker Project No. E-1707, Booker Associates - $2,760.00 Bridge Painting and Repairs - Repairs to Eleventh Street and Falls Avenue Bridges, Contract No. 16, Brice, Petrides, and Associates, Inc. -- $2,067.27", Cloverdale Acres Area Drainage Study, Wayne Claassen Engineering and Surveying, Inc. -- $13,250.00 F.Y. 1981 18th Street Bridge Painting and Repairs, Contract No. 220, Brice, Petrides, and Associates, Inc. -- $11,477.61. Downtown 80's Project - Phase III, Communication Network Systems -- $18,342.00", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-304. NEW BUSINESS 80643 - Moved by Burton, seconded by Bowers that communication from Chief of Police recommending tha the Class "C" Beer Permit and Class "C" Sunday Beer Permit of Cedar Falls Oil Co., dba Holiday Stationstore, 3216 University Avenue be suspended for a period of fourteen (14) days as set out in Chapter 123.50, Subsection 3, of the 1971 Code of Iowa, Sale of Alcoholic Beverage to Minors be received, placed on file and "Resolution suspending the Class "C" Beer Permit and Class "C" Sunday Beer Permit of Cedar Falls Oil Co. dba Holiday Stationstore, 3216 University Avenue", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1981-305. Attend Functions: 80644 Moved by Getty, seconded by Roehr that the following requests for permission to attend functions, with expenses allowed not to exceed amounts shown, be received, placed on file and approved: Six personnel, Fire Department, to attend LP Gas School by Ranger Insurance Co., Ames, Iowa, June 8, 1981 -- No cost, plus use of City vehicle. Six personnel, Fire Department, to attend 57th State Fire School, Ames, Iowa, June 16, 1981 -- $350.00, plus use of City vehicle. Deputy City Clerk to attend Municipal Clerk's Institute, Ames, Iowa, July 12-17, 1981 -- $212.75, plus use of City vehicle. City Clerk to attend Municipal Clerk's Institute, Ames, Ia., July 19-24, 1981 -- $212.75, plus use of City vehicle. Assistant City Engineer & Associate Civil Engineer to attend APWA Tri-State Conference, Dubuque, Iowa, June 18-19, 1981 -- $216.00, plus use of City vehicle. Ayes: Seven. Motion carried. June 8, 1981 -6- MISCELLANEOUS 80645 Moved by Wilharm, seconded by Roehr 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 & Liquor Permit License Applications Class A Moose Lodge #328, 211 W. 18th Street (Renewal) Class C Kit Kat Klub dba The Hillcrest, 1933 Williston (Renewal) Steamboat Gardens, Inc., 1740 Falls Avenue (Renewal) Beer Permit License Application Class C John Eveland dba National Cigar Store, 617 Sycamore (Renewal) Sunday Sales - Beer & Liquor License Permit Application Class A Moose Lodge #328, 211 W. 18th St. (Renewal) Sunday Sales - Beer Permit License Application Class C John Eveland dba National Cigar Store, 617 Sycamore (Renewal) Motion carried. 80646 Moved by Bowers, seconded by Getty that the following application for Fireworks Display be received and placed on file and approved: Sunnyside Country Club, 1600 Olympic Dr. Motion carried. BONDS 80647 Moved by Dowie, seconded by Burton that report of City Attorney and list of bonds filed with Clerk through June 8, 1981, be received, placed on file and report and bonds approved. Motion carried. 80648 Moved by Burton, seconded by Getty that the Council adjourn. Motion carried. Larry P. Burger City Clerk -7-