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HomeMy WebLinkAbout05/04/81May 4, 1981 The Council of the City of Waterloo, Iowa, met in Regular Session in the Council Chambers of City Hall at 7:00 P.M., on May 4, 1981. Mayor Rooff in the Chair. On Roll Call: Present: Bowers, Burton, Getty, Penaluna, Roehr. Absent: Dowie. Invocation by Councilman Bowers. 80371 - Moved by Roehr, seconded by Burton that the Agenda, as amended, for the Regular Session of May 4, 1981, at 7:00 P.M., be accepted and approved. Motion carried. 80372 - Moved by Burton, seconded by Bowers that the minutes of the Regular Session held April 27, 1981 at 7:00 P.M. be approved. Motion carried. HEARINGS 80373 Moved by Roehr, seconded by Burton that Proof of Publication of Notice of public Hearing on proposal to vacate, sell and convey an alley adjacent to The National Bank of Waterloo, Downtown Branch as published in the Waterloo Courier on April 17, 1981 be received and placed on file. Motion carried. 80374 - 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 Wilharm that "an ordinance vacating a portion of an alley in Block No. Four (4), Original Plat on East Side of Waterloo", be received, placed on file and passed for the first time. Ayes: Six. Absent: Dowie. Motion carried. 80375 - Moved by Wilharm, seconded by Bowers that 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: Dowie. Motion carried. 80376 - Moved by Burton, seconded by Roehr that "an ordinance vacating a portion of an alley in Block No. Four (4), Original Plat on East Side of Waterloo", be adopted. Ayes: Six. Absent: Dowie. Ordinance adopted and upon approval by Mayor assigned No. 3140. 80377 - Moved by Penaluna, seconded by Getty that "Resolution authorizing the sale and conveyance to The National Bank of Waterloo of a portion of an alley in Block No. Four (4) in the Original Plat of East Side of Waterloo", be adopted and City Attorney instructed to prepare deed. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1981-200. 80378 - Moved by Roehr, seconded by Bowers that Proof of Publication of Notice of Public Hearing on proposal to amend Chapter 16-8, Garbage and Refuse Fee Schedule as published in the Waterloo Courier on April 17, 1981, be received and placed on file. Motion carried. 80379 - HOLD HEARING - This being the time and place to hold hearing the Mayor called for written and oral objections and there were none. Councilman Getty objected to the increase of $.20 per month (after July 1, 1981.) Mayor Rooff explained that the Mayor's Budget Review Committee had recommended an increase to $3.75 per month; however, he felt that a $3.30 per month charge would cover garbage collection. He stated that exemptions total 2700 households (excluding those refunds due to individuals because of income). The Mayor announced that the hearing was closed. Moved by Penaluna, seconded by Wilharm that the above comments be received and placed on file and "Resolution instructing the City Attorney to submit an ordinance reflecting an increase of 30C per month to $3.50 for garbage and refuse collection", be adopted. Ayes: Penaluna, Roehr, Wilharm. Nays: Bowers, Burton, Getty. Absent: Dowie. The Mayor declared that the resolution did not have sufficient votes to carry. ORAL PRESENTATIONS 80380 - Councilman Burton asked what the status is of Bontraeger and Liberty Parks and the Sixth Street Bridge. -2- 80380 - Continued Mayor Rooff explained that the parks are holding ponds for excess flow generated from Dry Run Creek. Due to the seeding of the two (2) areas not yet being fit for heavy useage, full development as recreational areas probably will not be accomplished this year; however, he assured them that the areas would be transformed into useable recreational spaces. In response to the Sixth Street Bridge question, the Mayor explained that the bridge is a part of the network of the Inter -City Freeway project and that a part of the Mayor's Interstate Substitution Plan includes construction of the bridge. He added that an additional bridge would be constructed between the San Souci Bridge and Cedar Falls in the general area of Burton Avenue. This, too, is part of the Inter -City Project. PETITIONS FROM PUBLIC 80380 - Moved by Getty, seconded by Roehr that communication from Plan and Program Commission transmitting request of Allen Memorial Hospital for site plan for proposed parking lot together with Plan and Program Commission's recommendation for approval, be received and placed on file and "Resolution setting date of hearing as May 26, 1981 at 7:00 P.M. in the Council Chambers at City Hall, Waterloo, Iowa", be adopted, and Clerk instructed to publish notice accordingly. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1981-201. 80381 - Discussion centered around whether granting this variance would permit him to operate at any location in the City (blanket approval) and or whether it was only for the location indicated on the application. Police Chief Grimm stated that on three (3) occasions the operation had been cited for non-compliance with the noise ordinance. In order to comply with the noise regulations, it was suggested that some type of physical restraining devices be placed on the operation. Moved by Burton, seconded by Roehr that request of B & R Roofing for variance to Noise Ordinance No. 3094, be received, placed on file and "Resolution authorizing variance to Noise Ordinance No. 3094 to B & R Roofing", be denied. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1981-202. UNFINISHED BUSINESS 80382 - Mayor Rooff explained that the issue of City participation in cost of subdivision improvements in Granger's Second Addition had been discussed with the requestor and City staff. Conclusions of these discussion were that both parties failed to carry out their responsibility in seeing that the request for participation was properly handled. Fred Debe, Schenk Engineering Co., spoke on behalf of the applicant. Don Temeyer, Plan and Program Director, stated that if the request had been formally reviewed at the preliminary plat stage, the staff recommendation would have been to share in the cost of oversizing of storm and sanitary sewer ($50,767.61), but not subgrade repair ($16,341.07). He stated that the staff's feelings are that subgrade repair is a part of the subdivision preparation, and not the City's responsibility. Moved by Wilharm, seconded by Roehr that "Resolution approving City participation in the amount of $50,767.61 for aversizing of storm and sanitary sewer in Granger's Second Addition", be adopted. Ayes: Wilharm. Nays: Bowers, Burton, Getty, Penaluna, Roehr. Absent: Dowie. The Mayor declared the resolution did not have sufficient votes for passage. 80383 - Moved by Getty, seconded by Bowers that "Resolution approving City participation in the amount of $67,109.48 for the oversizing of storm and sanitary sewer and subgrade repair in Granger's Second Addition", be adopted. Ayes: Bowers, Burton, Getty, Penaluna. Nays: Roehr, Wilharm. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1981-203. 80384 - Moved by Getty, seconded by Burton that the request for City participation in the cost of improvements to Sears and Camelot Drive in the amount of $10,216.96 be placed on the City Council agenda of May 11, 1981. Motion carried. 80385 - Moved by Burton, seconded by Bowers that communication from City Engineer requesting that the bid of Cedar Valley Corporation in the amount of $270,123.87 for the F.Y. 1981 Paving Program, Contract No. 213 be received, placed on file, approved and "Resolution awarding contract to Cedar Valley Corporation in the amount of $270,123.87 for F.Y. 1981 Paving Program, Contract No. 213", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval of Mayor assigned No. 1981-204. May 4, 1981 -3- 80386 Moved by Bowers, seconded by Burton that communication from Plan and Program Commission reporting on sale of property to Burt's Corporation be received, placed on file and "Resolution approving and authorizing the conveyance of real property known as Lots One (1) through Five (5), Blk. 6, Shilliam's Third Subdivision as published in the Waterloo Courier on April 10, 1981 to Burt's Corporation in the amount of $3,000.00 and authorizing and directing the Mayor and City Clerk to execute and deliver a deed accordingly", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1981-205. 80387 Moved by Roehr, seconded by Penaluna that communication from Plan and Program Commission reporting on sale of property to Joe Minard Construction Co., be received, placed on file and "Resolution approving and authorizing the conveyance of real property located between Sager Avenue and Huntington Road as published in the Waterloo Courier on April 10, 1981 to Joe Minard Construction Co., in the amount of $193,160.00 and authorizing and directing the Mayor and City Clerk to execute and deliver a deed accordingly", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1981-206. 80388 Don Temeyer, Plan and Program Director, asked that they be authorized to readvertise without a minimum price and require that developmental plans be submitted with each bid. and that bid of Grout Museum be rejected. The Mayor stated that expenditures from the proceeds from the auction at the East Side Library would require Council approval. Moved by Bowers, seconded by Burton that communication from Plan and Program Commission making recommendation on bid for West Side Library submitted by Grout Museum be received, placed on file and approved and new date of hearing and bid taking be established. Motion carried. REPORTS 80389 Moved by Burton, seconded by Roehr that City of Waterloo Audit Report for Fiscal Year 1980 prepared by Smith, Paulson, and Evans, be received, placed on file and approved. Motion carried. 80390 - Moved by Bowers, seconded by Getty that communication from Mike Mrzlak, Sign and Traffic, reporting on 4 -way stop sign placement on Robin Road and Wren Road referred to under C.R.#80331 of April 27, 1981, be received, placed on file and no change made at intersection. Motion carried. DOCUMENTS 80391 Moved by Roehr, seconded by Penaluna that contract, performance bond and certificate of insurance for Contract No. 211, together with recommendation for approval, be received, placed on file and "Resolution approving contract and bond of R.E.A. Limited of Long Grove, Iowa, for F.Y. 1981 Columbus Area Storm Sewer, Contract No. 211 in the amount of $91,877.28", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1981-207. 80392 Moved by Burton, seconded by Wilharm that contract, performance bond and certificate of insurance for Contract No. 212, together with recommendation for approval, be received, placed on file and "Resolution approving contract and bond of R.E.A. Limited of Long Grove, Iowa, for F.Y. 1981 Rachael Street Storm Sewer, Contract No. 212 in the amount of $187,293.76", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor, assigned No. 1981-208. 80393 - Moved by Penaluna, seconded by Bowers that communication from City Engineer requesting that the bid of Cedar Valley Corporation in the amount of $270,123.87 for the F.Y. 1981 Paving Program, Contract No. 213 be received, placed on file, approved and "Resolution awarding contract to Cedar Valley Corporation in the amount of $270,123.87 for F.Y. 1981 Paving Program, Contract No. 213", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1981-209. 80394 Moved by Getty, seconded by Wilharm that communication from City Engineer requesting that the bid of Larry Hope in the amount of $32,326.30 for the F.Y. 1981 Sidewalk Repair Program, Contract No. 221 be received, placed on file, approved and "Resolution awarding contract to Larry Hope in the amount of $32,326.30 for F.Y. 1981 Sidewalk Repair Program, Contract No. 221", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1981-210. May 4, 1981 -4- 80395 Moved by Roehr, seconded by Getty that preliminary plat of Cedar Crest Third Addition together with Deed of Dedication, report of City Engineer, and Plan and Program Commission's resolution of approval and recommendation for Council approval, be received, placed on file and "Resolution approving the preliminary plat of Cedar Crest Third Addition, Black Hawk County, Iowa", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1981-211. RESOLUTIONS TO BE ADOPTED 80396 - Moved by Burton, seconded by Bowers that "Resolution providing for the issuance of $50,000.00 Sewer Improvement Bonds for F.Y. 1979 San Souci Drive Sanitary Sewer Program, Contract No. 192", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1981-212. Moved by Bowers, seconded by Getty that "Resolution providing for the issuance of $290,000.00 Street Improvement Bonds for F.Y. 1980 Paving Program No. 1, Contract No. 176", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1981-213. ORDINANCES TO BE ADOPTED 80398 - Moved by Burton, seconded by Getty that "ordinance amending Chapter 16, Garbage and Refuse, of the Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsections (a), (d) and (e) of Section 16-8, Fee for Service; Penalty for Late Payment; Reimbursement, and enacting in lieu thereof new Subsections (a), (d) and (e) to Section 16-8, Fee for Service; Penalty for Late Payment; Unpaid Assessments Certified to Taxes; Reimbursement", be received, placed on file and passed for the third time. Ayes: Six. Absent: Dowie. Motion carried. 80399 - Moved by Dowie, seconded by Bowers that "ordinance amending Chapter 16, Garbage and Refuse, of the Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsections (a), (d) and (e) of Section 16-8, Fee for Service; Penalty for Late Payment; Reimbursement, and enacting in lieu thereof new Subsections (a), (d) and (e) to Section 16-8, Fee for Service; Penalty for Late Payment; Unpaid Assessments Certified to Taxes; Reimbursement", be adopted. Ayes: Six. Absent: Dowie. Ordinance adopted and upon approval by Mayor assigned No. 3139. 80400 - Moved by Roehr, 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. (Peddlers & Solicitors -- See C.R. 80401) Ayes: Six. Absent: Dowie. Motion carried. 80401 - Moved by Bowers, seconded by Roehr that "an Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsections 23-36 through 23-41 of Division 3, Peddlers and Solictors, of Chapter 23, Licenses and Business Regulations, and enacting in lieu thereof new Subsections 23-36 through 23-41.4 of Division 3, Peddlers and Solicitors, of Chapter 23, Licenses and Business Regulations", be adopted. Ayes: Six. Absent: Dowie. Ordinance adopted and upon approval by Mayor assigned No. 3141. NEW BUSINESS 80402 - Moved by Getty, seconded by Bowers that communication from Mayor Leo P. Rooff making recommendation on fire lane for shopping center be received, placed on file and instruct attorney to submit an ordinance accordingly. Motion carried. MISCELLANEOUS 80403 - Moved by Getty, 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 and Liquor License permit Applications Class A Amvets Home, Inc., 32 Lafayette Road (Renewal) Class C Lawrence E. Mether dba Larry's Lounge, 1831 Independence Ave. (Renewal) Motion carried. 80404 - Moved by Burton, seconded by Bowers that the following applications for Taxicab Driver be received, placed on file and approved: Michael Clark Denniston, 208 Thompson Ave. Raymond A. Barger, 317 York, New Hartford '\ Motion carried. -5- 80405 - Moved by Bowers, seconded by Burton that the following application for Ambulance License be received, placed on file and approved: Metropolitan Ambulance Service, Inc. Motion carried. 80406 - Moved by Roehr, seconded by Getty that one Cigarette License Permit, be received, placed on file and granted. Motion carried. BONDS 80407 - Moved by Bowers, seconded by Burton that report of City Attorney and list of bonds filed with Clerk through May 4, 1981, be received, placed on file and report and bonds approved. Motion carried. 80408 - Moved by Wilharm, seconded by Getty that the Council adjourns. Motion carried. Larry P. Burger City Clerk May 4, 1981