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HomeMy WebLinkAbout04/27/81April 27, 1981 The Council of the City of Waterloo, Iowa, met in Regular Session at McKinstry Junior High School Auditorium at 7:00 P.M., on April 27, 1981. Mayor Rooff in the Chair. On Roll Call: Present: Bowers, Burton, Dowie, Getty, Penaluna, Roehr. Absent: Wilharm. Invocation by Councilman Getty. 80323 - Moved by Roehr, seconded by Bowers that the Agenda, as amended, for the Regular Session of April 27, 1981, at 7:00 P.M., be accepted and approved. Motion carried. 80324 - Moved by Burton seconded by Getty that the minutes of the Regular Session held April 20, 1981 at 7:00 P.M. be approved. Motion carried. ORAL PRESENTATIONS 80325 - A representative of B & R Roofing, asked that the City Council consider granting a noise variance for his operation. He explained that he operated a vacuum machine that removes gravel from roof tops. Mayor Rooff explained that it would be necessary for him to submit an application for variance, which details the need for a variance. The Council would then be able to act upon the request. Moved by Burton, seconded by Roehr that the above matter be referred to the Council Agenda of May 4, 1981 for formal action by the Council. Motion carried. 80326 - Bea Allen, 615 Cottage Street inquired about the status of sanitary sewer project and was told that it was included in the Block Grant application now being reviewed by HUD. She also commented about past experiences with the Police Department and felt that procedures among the department should be standardized. Moved by Bowers, seconded by Burton that the above comments be received and placed on file. Motion carried. PETITIONS FROM PUBLIC 80327 - Moved by Roehr, seconded by Dowie that request of Mildred Tovar for Council on its motion to rezone from "M-1" Light Industrial District to "R-2" One and Two Family Residence District approximately 2.3 acres of land generally located east of Burton Avenue and south of U.S. Highway 20 together with Zoning Commission's recommendation for denial, be received, placed on file, and "Resolution setting date of hearing as May 18, 1981 at 7:00 P.M., in the City Hall Council Chambers", be adopted, and Clerk instructed to publish notice accordingly. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor assigned No. 1981-187. 80328 - Moved by Penaluna, seconded by Getty that request of Wilma M. Young for permission to construct a temporary asphalt driveway at 2600 Ansborough Avenue, 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 Wilma M. Young and authorizing construction of temporary asphalt driveway at 2600 Ansborough Avenue, irrespective of a later official grade", be adopted. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor assigned No. 1981-188. 80329 - Moved by Bowers, seconded by Burton that request of Steve S. Conrad for permission to construct a temporary concrete driveway at 2221-2223 Rainbow Drive, 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 Steve S. Conrad and authorizing construction of temporary concrete driveway at 2221-2223 Rainbow Drive, irrespective of a later official grade", adopted. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor assigned No. 1981-189. 80330 - Moved by Getty, seconded by Bowers that request of Earl J. Tuttle for permission to construct a temporary asphalt driveway at 236 Auburn 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 Earl J. Tuttle and authorizing construction of temporary asphalt driveway at 236 Auburn Street, irrespective of a later official grade", adopted. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 1981-190. -2 - REPORTS 80331 - Councilman Roehr suggested that perhaps Wren Road should be made a thru street because of the current traffic pattern in the area. Moved by Bowers, seconded by Dowie 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.#80300 of April 20, 1981, be received, place0on file and action delayed for one week. Motion carried. DOCUMENTS 80332 Moved by Dowie, seconded by Getty that communication from City Engineer recommending acceptance of sanitary sewer for Pro's Addition, Phase II, together with two-year maintenance bond for said improvement be received, placed on file and approved with effective date of bond being that of date of Council approval. Motion carried. RESOLUTIONS TO BE ADOPTED 80333 - Hugh Field, Attorney, explained that the adoption of this resolution authorizes the company to access all incurred costs from the present time to date of hearing to the bond sale. Moved by Dowie, seconded by Bowers that "Resolution authorizing the execution of a Memorandum of Agreement by and between the City of Waterloo, Iowa and Ken -Jan, Inc. regarding the issuance of qualified Urban Revitalization Area Revenue Bonds", be adopted, with the location of the project to be at the intersection of East Park and Franklin. Ayes: Bowers, Dowie, Getty, Penaluna. Nays: Burton, Roehr. Absent: Wilharm. Resolution adopted and upon approval by Mayor assigned No. 1981-191. 80334 - Moved by Burton, seconded by Dowie that communication from Community Development Administrator transmitting offers to release railroad service spur line from W. H. Hartman Company (Waterloo Courier) for property generally located at 10th & Commercial Sts. in conjunction with local flood protection project be received, placed on file and "Resolution accepting and approving certain offers to release railroad service for a railroad spur line and accepting and approving agreement", be adopted. Ayes: Six. Absent: Wilharm. Resolution adopted and upon ap- proval by Mayor assigned No. 1981-192. 80335 - Roger Mogle, Personnel Director, explained that the Fire Marshall position was placed in the step/range system. Moved by Roehr, seconded by Dowie that communication from Personnel Director transmitting an 8 1/4% increase in the 1982 salary schedule for administrative employees, be received, placed on file and approved, and "Resolution fixing the compensation of the City of Waterloo officials and employees", be delayed for two (2) weeks to allow further review. Motion carried. 80336 - Jack Roehr, Councilman, inquired why the fees were being lowered in Peddler's Ordinance. Mayor Rooff explained that the current charges of $15/day would most probably be struck down in a court of law as excessive. The proposed amount covers costs incurred by the City Clerk's Office. Moved by Getty, seconded by Penaluna 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 received, placed on file and passed for the first time. Ayes: Six. Absent: Wilharm. Motion carried. 80337 - Moved by Bowers, seconded by Roehr to receive and place on file a petition of objection signed by Winston H. and Everett W. Scott on the rezoning request from, "S-1" Shopping Center District to "R-2" One and Two Family Residence District property near the intersection of Reber and Fletcher Avenues. Motion carried. 80338 - Charles Pickett (Attorney for Mr. Scott) objected to the rezoning and stated that the area was most suited for commercial uses. He reiterated the history of the property and explained the attempts made by the owners to secure buyers for the property. Moved by Bowers, seconded by Burton that "an Ordinance amending Ordinance No. 2479, as amended, by adding Subsection No. 189, Rezoning Certain Property to Section 2A-5", be received, placed on file and passed for the second time. Ayes: Bowers, Burton, Roehr. Nays: Dowie, Getty, Penaluna. Absent: Wilharm. Motion NOT carried. ,April_ 27, 1981 -3- 80339 - 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 received, placed on file and passed for the second time. Motion carried. 80340 - Moved by Getty, seconded by Roehr, 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. (Garbage and Refuse -- See C.R.#80339) Ayes: Bowers, Dowie, Getty, Penaluna, Roehr. Nays: Burton. Absent: Wilharm. Motion NOT carried. HEARINGS AND BIDS 80341 Moved by Roehr, seconded by Burton that proof of publication of notice of public hearing on proposed plans, specifications, form of contract, estimate of cost, etc. for F. Y. 1981 Paving Program, Contract No. 213 as published in the Waterloo Courier on April 10, 1981, be received and placed on file. Motion carried. 80342 - HOLD HEARING - This being the time and place for hearing, the Mayor called for written and oral objections, and there were none. Moved by Dowie, seconded by Burton that "Resolution adopting plans, specifications, form of contract and estimated cost, for F.Y. 1981 Paving Program, Contract No. 213", be adopted. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor assigned No. 1981-193. 80343 - Moved by Getty, seconded by Dowie that Proof of Publication of Notice to Contractors or Invitation for Bids for construction for F.Y. 1981 Paving Program, Contract No. 213, as published in the Waterloo Courier on April 10, 1981, be received and placed on file. Motion carried. 80344 - Moved by Bowers, seconded by Burton to receive, file and instruct Clerk to open and read bids and refer to Engineers and delay award of contract for one week. BIDDER BID BOND BID Cedar Falls Const. Co. 5% $299,680.08 Cedar Valley Corp. 5% 270,123.87 Rohlin Const. Co. 5% 314,677.34 Gene Bond Plumbing & Heating Co. 10% 282,043.23 Motion carried. 80345 - Moved by Roehr, seconded by Dowie that Proof of Publication of Notice of Public Hearing on proposal to sell and convey real property generally located south of Sager Avenue along the western city limits as published in the Waterloo Courier on April 10, 1981, be received and placed on file. Motion carried. 80346 - Moved by Burton, seconded by Bowers that appraisal summary sheet for property located along Sager Avenue and the western city limits be received and placed on file. Motion carried. 80347 - 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 bids be received, placed on file and instruct Clerk to open and read and refer to the Plan and Program Department for report back May 4, 1981. Clerk reported that the following sealed bids be received: BIDDER AMT. OF CERTIFIED CHECK AMT. OF BID Joe Minard Const. Co. $20,000.00 $193,160.00 Motion carried. 80348 Moved by Bowers, seconded by Dowie that Proof of Publication of Notice of Public Hearing on proposal to sell and convey the West Side Library as published in the Waterloo Courier on April 10, 1981, be received and placed on file. Motion carried. April 27, 1981 HEARINGS AND BIDS 80349 - Moved by Roehr, seconded by Getty that appraisal summary sheet for West Side Library be received and placed on file. Motion carried. 80350 - 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 tbet that bids be received, placed on file and instruct Clerk to open and read and refer to the Plan and Program Department for report back May 4, 1981. Clerk reported that the following sealed bids be received: BIDDER AMT. OF CERTIFIED CHECK AMT. OF BID Grout Museum of History and Science Motion carried. $4,000.00 $40,000.00 Ed Gallagher briefly explained the Museum's plans for the site including their future plan to utilize the entire block for museum purposes. He asked that no restrictions be placed on the property. 80351 - Moved by Bowers, seconded by Getty that proof of publication of notice of public hearing on proposal to sell and convey property generally located at the southeast corner of the intersection of Shilliam and Halstead Streets as published in the Waterloo Courier on April 10, 1981, be received and placed on file. Motion carried. 80352 - 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 Getty that bids be received, placed on file and instruct Clerk to open and read. Clerk reported that the following sealed bids be received and referred to the Plan and Program Department for a report back on May 4, 1981. BIDDER AMT. OF CERTIFIED CHECK AMT. OF BID Burt's Corporation $200.00 (Cash) $3,000.00 Motion carried. HEARINGS 80353 - Moved by Roehr, seconded by Getty that Proof of Publication of Notice of Public Hearing on site plan for property generally located southerly of Prescotts Drive and Easterly of Fostoria Drive as published in the Waterloo Courier on April 10, 1981, be received and placed on file. Motion carried. 80354 - 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 Getty, seconded by Burton that "Resolution approving the site plan for Tract B, Southland Park to be located southerly of Prescotts Drive and easterly of Fostoria Drive", be adopted. 'Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor assigned No. 1981-194. BILLS - PAYMENTS 80355 - Moved by Dowie, seconded by Penaluna that Bills, Resolution, "Schedule A", be adopted. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor assigned No. 1981-195. 80356 - Moved by Roehr, 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 - UDAG Project Public Improvements, Phase II, Section 2, Contract No. 178 Cedar Valley Corporation -- $108,008.19", be adopted. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor assigned No. 1981-196. April. 27, 1981 -J - NEW BUSINESS 80357 - Moved by Burton, seconded by Getty that proposed plans and specifications for F.Y. 1981 Fowler Street Sanitary Sewer Program, Contract No. 216 as prepared by Wayne Claassen Engineering and Surveying, Inc., be received, placed on file and "Resolution preliminarily approving specifications, form of contract, estimate of cost, etc., for F.Y. 1981 Fowler Street Sanitary Sewer Program,Contract No. 216 and setting date of hearing and receipt of bids as May 18, 1981 at 7:00 P.M. in the City Hall Council Chambers", be adopted and Clerk instructed to publish notice accordingly. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor assigned No. 1981-197. 80358 - Moved by Burton, seconded by Getty that communication from Waterloo Board of Park Commissioners, reporting death of Leo Ohrt effective April 17, 1981 and entitlement of 192 hours vacation pay and 429 1/2 hours sick leave be received, placed on file and "Resolution approving payment of $4,114.33 vacation and sick pay to estate of Leo Ohrt, Park Department", be adopted. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor assigned No. 1981-198. 80359 - Moved by Bowers, seconded by Roehr that communication from City Clerk transmitting specifications for the City's Health, Life, and Dental Insurance be received, placed on file, and "Resolution authorizing Clerk to seek proposals on City's Health, Life, and Dental Insurance", be adopted. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor assigned No. 1981-199. 80360 - 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: Personnel Director to attend League of Iowa Municipalities, Des Moines, Iowa, May 8, 1981 -- $56.00. 2 Personnel, Fire Department to attend Triage in Trauma, Ramada Inn, Waterloo, Iowa, April 30 - May 3, 1981 -- $140.00, plus use of City Vehicle. Chief Heating Inspector to attend Seminar on Solar Energy, Chicago, Illinois, May 20 - 24, 1981 -- $620.00. Captain, Police Department to attend Training Session on Iowa Teletype system, Des Moines, Iowa, April 27 - 28, 1981 -- $120.00. Ayes: Six. Absent: Wilharm. Motion carried. MISCELLANEOUS 80361 - Moved by Dowie, seconded by Penaluna 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 El Mecca Shrine Club, 716 Commercial St. Renewal Class C hem lma Luloff dba Fortune's Tavern, 328 Elm St. Renewal Zilch Ltd. dba Corner Tap, 108 Jefferson Renewal Beer Permit License Applications Class B Waterloo Softball Association, Inc., Softball Complex -Corner of Burton & Longfellow (New -Seasonal) Rigel, Ltd dba Godfather's Pizza, 1946 Schukei Rd. Renewal Hong Kong Cafe, Inc. dba Hong Kong Cafe, 631 Lafayette Renewal Class C Quiktrip Corporation dba QuikTrip #533, 4335 LaPorte Road Renewal Quiktrip Corporation dba QuikTrip #528, 1820 Williston Renewal Sunday Sales Beer & Liquor Permit License Application Class A El Mecca Shrine Club, 716 Commercial Renewal Sunday Sales Beer Permit License Applications Class B Rim, Ltd. dba Godfather's Pizza, 1946 Schukei Road Renewal Waterloo Softball Association, Inc., Softball Complex -Corner of Burton & Longfellow (New -Seasonal) Hong Kong, Inc. dba Hong Kong Cafe, 631 Lafayette St. Renewal Class C Quiktrip Corporation dba QuikTrip #533, 4335 La Porte Rd. Renewal Quiktrip Corporation dba QuikTrip #528, 1820 Williston Renewal Motion carried. April 27, 1981 -6 - MISCELLANEOUS CONTINUED 80362 - Moved by Bowers, seconded by Penaluna that the following application for Junk Dealers, be received, placed on file and approved: Victor H. Fuller dba Vic Fuller Sal. & Wrecking Co., 2113 Mitchell Max Long & Jerome P. Greene & John L. Smith, 2724 Lafayette Pat's Auto Salvage, 1700 Commercial St. i Motion carried. 80363 - Moved by Roehr, seconded by Burton that the following application for Automobile Salvage Yards, be received, placed on file and approved: Nathan Lipkin dba Commercial Auto,1330 Commercial St. Pat's Auto Salvage, Mitchell and Lowell Streets Wilber Auto Body & Sales, Inc., 2220 Easton Victor H. Fuller dba Vic Fuller Salvage & Wrecking Co., 113 Mitchell Motion carried. 80364 - Moved by Burton, seconded by Getty that the following application for ambulance attendant driver, be received, placed on file and approved: Paul Lynn Hartman, 2719 Prescotts Drive Motion carried. 80365 - Moved by Bowers, seconded by Penaluna that the following application for Dance License, be received, placed on file and approved: Wanda A. Abbe dba The Colony Club, 612 Maynard St. Motion carried. 80366 - Moved by Getty, seconded by Bowers that the following application for Scavenger's License, be received, placed on file and approved: Keith Green dba Sanitary Septic Service, 515 Grant St., Cedar Falls Motion carried. 80367 - Moved by Burton, seconded by Getty that the following application for Taxicab Driver's License be received, placed on file and approved: 1) Earnest Bennett, P.O. Box 1051 2) Richard Schwartz, 358 Grand Blvd. 3) Rollo Moe, 2925 Dell Dr. 4) Ronald Uhlenberg, 1027 Lafayette 5) Miriam Jacobsen, 3709 Cedar Knoll 6) Jerry Houghland, 325 4th St., Washburn 7) Gordon Woods, P.O. Box 291 8) Joan Woods, 2235 Lincoln, Cedar Falls 9) Don Martin, 411 1/2 W. 5th St. 10) Rex Davis, P. 0. Box 1051 11) Cathy Treichel, 1027 Edgewood 12) Dwanye Hansberger, 2932 Box Elder La. 13) Dody Caley 329 W. 10th St. 14) Jack Cundiff, 198 Greenwood 15) Mary Brouwer, 2018 Ansborough 16) Lind Johnson, 725 Washington 17) Ricky Grandon, 832 Lafayette 18) Susan Anderson, 1002 Clair, Lot 19, Cedar Falls 19) Steve Moore, 301 Rath 20) Douglas Brouwer, 1447 Ruth 21) Jeff Heasley, 136 E. Parker 22) Jerry Schaefer, P. 0. Box 1626 23) Ken Leiss, 620 W. Park 24) Vicki Leiss, 620 W. Park 25) Louis Jirack, 425 Allen St. Motion carried. 80368 - Moved by Bowers, seconded by Burton that application for six (6) taxicab licenses submitted by Waterloo Yellow Cab Co-op, 117 E. llth St. for renewal of Taxicab Licenses for year beginaipg May 1, 1981, be received, pla,,Sd on file and granted. Motion carried. -7 - BONDS 80369 - Moved by Burton, seconded by Bowers that report of City Attorney and list of bonds filed with Clerk through April 27, 1981, be received, placed on file and report and bonds approved. Motion carried. 80370 - Moved by Getty, seconded by Roehr that the Council adjourns. Motion carried. Larry P. Burger City Clerk April 27, 1981