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HomeMy WebLinkAbout04/20/81The Council of the City of Waterloo, Iowa, met in Regular City Hall at 7:00 P.M., on April 20, 1981. Mayor Pro Tem Present: Bowers, Burton, Dowie, Getty, Penaluna, Roehr. Councilman Getty. April 20, 1981. Session in Council Chambers in the Roehr in the Chair. On roll call: Absent: Wilharm. Invocation by 80288 - Moved by Dowie, seconded by Burton, that the Agenda as proposed, for the Regular Session of April 20, 1981, at 7:00 P.M., be accepted and approved. Motion carried. 80289 - Moved by Burton, seconded by Bowers, that the minutes of the Regular Session held April 13, 1981 at 7:00 P.M., be approved. Motion carried. HEARINGS 80290 - Moved by Dowie, seconded by Burton, that proof of publication of notice of Special Assessment Bond Sale of $290,000 Street Improvement Bonds for Contract No. 176 and $50,000 Sewer Improvement Bonds for Contract No. 192 as published in the Waterloo Courier on March 27 and April 13, 1981 be received and placed on file. Motion carried. 80291 - Moved by Bowers, seconded by Dowie, that the following sealed bids be received, placed on file but NOT OPENED: BIDDER Shaw, McDermott & Co., Des Moines, Iowa. Motion carried. 80292 - Mayor Pro -Tem Roehr announced that this was the time and place for the receiving of open bids and there were none. Moved by Bowers, seconded by Dowie, that the following sealed bids be opened and re- ferred to the Finance Director and Attorney for checking and report back: CONTRACT Contract No. 176 Contract No. 192 Motion carried. BIDDER NET INTEREST RATE Shaw, McDermott & Co. 9.7476 Shaw, McDermott & Co. 9.9774 -80293 - Moved by Burton, seconded by Bowers, that proof of publication of Notice of Intention to Issue Indaetrial Revenue Bonds (Crystal Ice and Cold Storage, Inc., Project) not to exceed $875,000 in the City of Waterloo, Iowa, as published in the Waterloo Courier on March 27, 1981, be received and placed on file. Motion carried. 80294 - HOLD HEARING - Mayor Pro Tem called for written and oral objections and there were none. Hugh Field, Attorney for Crystal Ice and Cold Storage, stated that the money would be used to expand cold storage and warehousing of their existing facility. 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 Bowers 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 $875,000 in aggregate principal Industrial Revenue Bonds 1981 (Crystal Ice and Cold Storage Project) of the City of Waterloo", be adopted. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 1981-178. 80295 - Moved by Burton, seconded by Bowers, that proof of publication of notice of public hear- ing to rezone property located north of Ridgeway Avenue and southeast of U.S. Highway 63 as published in the Waterloo Courier on March 27, 1981, be received and placed on file. Motion carried. 80296 - HOLD HEARING - This being the time and place of hearing, the Mayor Pro Tem called for written and oral objections and there were none. Don Temeyer, Plan and Program Director, reported that the Zoning Commission had recom- mended denial of the request due to near by residential uses and that the request was inconsistant with the proposed land use plan. Moved by Burton, seconded by Bowers, that "An Ordinance amending Ordinance No. 2479, as amended, by adding Subsection No. 188, Rezoning Certain Property to Section 2A-5", be received, placed on file and denied. Ayes: Six. Absent: Wilharm. Motion carried. 80297 - Moved by Bowers, seconded by Burton, that proof of publication of notice of public hear- ing to rezone property located west of Fletcher Avenue and north of Reber Avenue in the Waterloo Courier on March 27, 1981, be received and placed on file. Motion carried. 80298 - HOLD HEARING - This being the time and place of hearing, the Mayor Pro Tem called for written and oral objections. Charles Pickett, Attorney for owner of the property spoke against the rezoning pro- posal. He spoke of the attempts they have made to sell and develop the property since January 1980, also, they felt that the highest and best use of the property was for commerical purposes. It was explained that under a "S-1" Shopping Center District, the City Council would have control of the layout (site plan) of any eligible activity before giving approval to proceed. Charles Demuth, 801 Reber and spokesman for area residents, stated that commercial de- velopment was not consistant with the existing neighborhood and favored the proposed "R-2" One and Two Family Residence District classification. Moved by Burton, seconded by Dowie, to receive and file the above comments. Motion carried. 80299 - Moved by Bowers, seconded by Burton, that "An Ordinance amending Ordinance No. 2479, as amended, by adding Subsection No. 188, Rezoning Certain Property to Section 2A-5", be received, placed on file and passed for the first time. Ayes: Bowers, Burton, Dowie, Penaluna, Roehr. Nays: Getty. Absent: Wilharm. Motion carried. ORAL PRESENTATIONS 80300 - Councilman Dowie presented a petition to place traffic control signs at the intersection of Robin and Wren Road. Moved by Dowie, seconded by Penaluna, that the above petition be received, placed on file and referred to Sign and Traffic Department. Motion carried. 80301 - Councilman Getty asked that the City Attorney and City Engineer investigate the water problem occurring near the intersection of Longfellow and Cloverdale. Grading is being done in a subdivision recently approved by the City and now is causing problems on adjacent properties. City Engineer, Ralph Anderson, stated that this type of problem is a civil matter that must be addressed by the adjoining parties. The City has no grading ordinance that would control this type of activity. The Finance Director reported that the bid of Shaw, McDermott & Co. were in order and recommended that the bids be approved. Moved by Burton, seconded by Dowie, that "Resolution directing sale of $290,000 Street Improvement Bonds and $50,000.00 Sewer Improvement Bonds to Shaw, McDermott & Co., with the net interest rates of 9.7476 and 9.9774, respectively", be adopted. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 1981-179. PETITIONS FROM PUBLIC 80302 - Moved by Dowie, seconded by Penaluna, to receive and place on file written objection from Leslie Schmidt to Wilbur Auto Salvage request last discussed by Council on November 17, 1980. Motion carried. UNFINISHED BUSINESS 80303 - After review of the bids for Contract Numbers 211, 212 and 221, the Engineer reported the following corrected bid tabulations: BID TAB F. Y. 1981 COLUMBUS AREA STORM SEWER CONTRACT NO. 211 April 20, 1981. 80303 - (Continued) Engineer's Estimate Assink Bros. B & B Excavating Co., Inc. Gene Bond Plumbing & Heating Dale J. Clark Contracting Company Denver Construction Company, Inc. Wm. R. Hennessey & Son, Inc. Hurst Excavating, Inc. Ohrt Excavating R.E.A. Ltd. Van Hauen - Keller Contractors, Inc. Watco Construction, Inc. BID TAB $126,118.00 $105,057.85 $111,026.00 $104,614.00 $139,537.05 $110,602.00 $131,625.00 $132,599.00 $100,587.60 $ 96,436.56 $139,435.00 $101,534.65 F.Y. 1981 RACHAEL STREET STORM SEWER CONTRACT NO. Engineer's Estimate Gene Bond Plumbing & Heating Co. Bremco Construction Company Dale J. Clark Contracting Co. Denver Construction Company, Inc. Wm. R. Hennessey & Son, Inc. Hurst Excavating, Inca Lehman Trucking & Excavating, Inc. R.E.A. Ltd. Van Hauen - Keller Contractors, Inc. Watco Construction, Inc. 212 BID TAB $224,296.00 $213,826.80 $196,055.13 $243,646.40 $213,591.50 $249,202.00 $244,783.80 $205,725.00 $187,293.76 $247,258.00 $205,986.70 F.Y. 1981 SIDEWALK REPAIR PROGRAM CONTRACT NO. SECTION I Engineer's Estimate $17,997.50 Roy Avis Construction $16,449.96 Cedar Falls Construction Co., Inc. $13,267.28 Cedar Valley Corporation $16,424.34 Dale J. Clark Contracting Company $17,376.50 Daniels Home Improvement & Const. $ -- Tom Dolan $17,867.85 Larry Hope $11,524.10 Nelson Construction $13,460.54 Denman Phillips Const. Co. Inc. $12,679.10 Stokes Landscaping, Inc. $15,505.90 Moved by Bowers, seconded by Dowie, mendation on the award of F.Y. 1981 R.E.A. Ltd. of Long Grove, Iowa, in file, and "Resolution awarding F.Y. to R.E.A. Ltd., of Long Grove, Iowa struct Clerk to return unsuccessful adopted and upon approval by Mayor 221 SECTION II $21,782.45 $19,914.08 $16,056.86 $19,877.39 $20,743.77 $ -- $21,677.50 $13,945.70 $16,286.87 $15,357.70 $18,780.45 SECTION III $10,701.95 $ 9,826.00 $ 7,911.22 $ 9,776.69 $10,539.44 $ 7,701.50 $10,822.00 $ 6,856.50 $ 7,997.25 $ 7,640.30 $ 9,266.15 that communication from City Engineer making recom- Rachael Street Storm Sewer, Contract No. 212, to the amount of $187,293.76 be received, placed on 1981 Rachael Street Storm Sewer, Contract No. 212 in the amount of $187,293.76", be adopted and in - bids. Ayes: Six. Absent: Wilharm. Resolution Pro Tem, assigned No. 1981-180. 80304 - Moved by Bowers, seconded by Burton, that communication from City Engineer making recom- mendation on the award of F.Y. 1981 Columbus Area Storm Sewer, Contract No. 211, to R.E.A. Ltd., of Long Grove, Iowa, in the amount of $96,436.56 be received, placed on file, and "Resolution awarding F.Y. 1981 Columbus Area Storm Sewer,Contract No. 211 to R.E.A. Ltd., of Long Grove, Iowa in the amount of $96,436.56", be adopted and instruct Clerk to return unsuccessful bids. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 1981-181. 80305 - Moved by Burton, seconded by Bowers, that communication from City Engineer making recom- mendation on the award of F.Y. 1981 Sidewalk Repair Program, Contract No. 221, to Larry Hope, of Waterloo, Iowa, in the amount of $11,524.10 for Section I; $13,945.70 for Sec- tion II; and $6,856.50 for Section III be received, placed on file, and "Resolution awarding F.Y. 1981 Sidewalk Repair Program, Contract No. 221 to Larry Hope, of Waterloo, Iowa in the amount of $11,524.10 for Section 1; $13,945.70 for Section II; and $6,856.50 for Section III", be adopted and instruct Clerk to return unsuccessful bids. Ayes: Six. April 20, 1981. 80305 - (Continued) Absent: Wilharm. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 1981-182. 80306 - Moved by Dowie, seconded by Penaluna, that communication from Civil Defense recommend- ing that the bid of Hicklin GM Power Co. of Des Moines in the amount $21,985.00 be ap- proved for the emergency generator for City Hall, be received, placed on file and "Re- solution awarding the bid for an emergency generator for City Hall to Hicklin GM Power Co. of Des Moines in the amount of $21,985.00", be adopted. Ayes: Six. Absent: Wil - harm. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 1981-183. REPORTS 80307 - Moved by Burton, seconded by Bowers, that communication from City Attorneymaking re- commendation on financing agreement of the Waterloo Housing Authority be received placed on file and "Resolution authorizing the execution of a financing agreement for the purpose of reducing the cost of marketing short term project notes for Ridgeway Towers, IA -50-3", be adopted. Ayes: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 1981-184. 80308 - Moved by Dowie, seconded by Burton, that communication from City Engineer advising im- provements required as a condition precedent to final approval of plat improvements of addition to be known as Westdale Addition have been completed in substantial conformance with construction plans, standards and requirements of his office and submitting two-year maintenance bond for the sewer improvements and a four-year maintenance bond for paving improvements and recommending acceptance of said addition and bond be received, placed on file, approved and accepted with effective dates of bonds being that of final Council approval. Motion carried. 80309 - Moved by Penaluna, seconded by Getty, that communication from City Engineer advising im- provements required as a condition precedent to final approval of plat improvements of addition to be known as Georgian Heights Addition have been completed in substantial con- formance with construction plans, standards and requirements of his office and submitting two-year maintenance bond for the sewer improvements and a four-year maintenance bond for paving improvements and recommending acceptance of said addition and bond be received, placed on file, approved and accepted with effective dates of bonds being that of final Council approval. Motion carried. 80310 - Moved by Burton, seconded by Bowers, that communication from Mike Mrzlak, Sign and Traffic, reporting on 4 -way sign placement at the intersection of Mitchell and Wisconsin referred to under C.R.#80257 of April 13, 1981 be received, placed on file, and approved. Motion carried. 80311 - Moved by Dowie, seconded by Burton, that communication from Community Development Board transmitting easement agreement from Illinois Central Gulf Railroad in connection with Lincoln-Ackermant Storm Sewer Project, Phase II, Contract No. 205, together with recom- mendation of approval, be received, placed on file, and "Resolution authorizing and ap- proving 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: Six. Absent: Wilharm. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 1981-185. 80312 - Moved by Bowers, seconded by Getty, that "Resolution designating McKinstry Junior High Auditorium as the location of the City Council Meeting to be held on April 27, 1981 at 7:00 P.M.", be adopted and instruct Clerk to publish notice as required in City Code Section 2-16(d). Ayes Six. Absent. Wilharm. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 1981-186. 80313 - There was general discussion on placing a bag limit per household Councilman Burton presented pictures of residences with numerous amounts of bags ready for pick-up. Moved by Bowers, seconded by Dowie, that "An 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; Reimburse- ment, 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; Reimburs- ment", be received, placed on file and passed for first time. Ayes: Six. Absent: Wilharm. Motion carried. 80314 - Moved by Dowie, 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: Six. Absent: Wilharm. Motion carried. -'1 April 20, 1981. 4 - 5 - 80315 - Moved by Dowie, 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. Ayes: Six. Absent: Wilharm. Motion carried. 80316 - Moved by Burton, seconded by Dowie, that "An Ordinance amending Ordinance No. 2479, as amended, by adding Subsection No. 189, Rezoning Certain Property to Section 2A-5", be adopted. Ayes: Six. Absent: Wilharm. Ordinance adopted and upon approval by Mayor Pro Tem, assigned No. 3138. NEW BUSINESS 80317 - Moved by Dowie, seconded by Bowers, that communication from Waterloo Redevelopment Authority recommending appointment of Doyle Statton to the Waterloo Redevelopment Authority with term to expire October 13, 1982, be received, placed on file and ap- proved. Motion carried. 80318 - Moved by Penaluna, seconded by Dowie, that the following request for permission to attend functions, with expenses allowed not to exceed amounts shown, be received, placed on file and approved: Associate Engineer to attend Pavement Recycling Workshop, Madison, Wisconsin, April 27 - 28, 1981 -- $410.00, plus use of City vehicle. Ayes: Six. Absent: Wilharm. Motion carried. MISCELLANEOUS 80319 - Moved by Bowers, seconded by Penaluna, that following applications for Beer and Liquor Permits be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer and Liquor License Permit Application Class C Thunderbird Tap of Waterloo, Ltd. dba Thunderbird Tap, 715 Ansborough Avenue Beer Permit License Application Class C Alfred Muethere dba Muether's Super Valu, Inc., 710 Broadway Sunday Sales -- Beer Permit License Application Class C Alfred Muether dba Muether's Super Valu, Inc., 710 Broadway Motion carried. 80320 - Moved by Burton, seconded by Dowie, that the following application for Dance License be received, placed on file and approved: National Cattle Congress dba Electric Park Ballroom Motion carried. 80321 - Moved by Burton, seconded by Bowers, that report of City Attorney and list of bonds filed with Clerk through April 20, 1981, be received, placed on file and report and bonds approved. Motion carried. 80322 - Moved by Dowie, seconded by Burton, that the Council adjourns. Motion carried. Larry P. Burger City Clerk. April 20, 1981.