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HomeMy WebLinkAbout03/09/81March 9, 1981 The Council of the City of Waterloo, Iowa, met in Regular Session in Council Chambers in the City Hall at 7:00 P.M., on March 9, 1981. Mayor Rooff in the Chair. On roll call: Present: Bowers, Burton, Dowie, Getty, Penaluna, Roehr, Wilharm. Absent: None. Invocation by Council- man Wilharm. 80019 - Moved by Roehr, seconded by Burton, that the Agenda, as amended, for the Regular Session of March 9, 1981, at 7:00 P.M., be accepted and approved. Motion carried. 80020 - Moved by Burton, seconded by Bowers, that the minutes of the Regular Session held on March 2, 1981 at 7:00 P.M., be approved. Motion carried. HEARINGS AND BIDS 80021 - Moved by Roehr, seconded by Penaluna, that proof of publication of notice of public hear- ing on proposed plans, specifications, form of contract, estimate of costs, etc., for the construction of F.Y. 1981, 18th Street Bridge Painting and Repairs, Contract No. 220 and taking of construction bids, therefore as published in the Waterloo Courier of February 17, 1981, be received and placed on file. Motion carried. 80022 - HOLD HEARING - This being the time and place of hearing the Mayor called for written and oral objections and there were none. Moved by Bowers, seconded by Burton, that "Resolution confirming the approval of plans, specifications,etc., for the construction of F.Y. 1981, 18th Street Bridge Painting and Repairs, Contract No. 220", be adopted. Ayes: Seven. Absent: None. Resolution adopted and upon approval by Mayor, assigned No. 1981-89. 80023 - Moved by Bowers, seconded by Getty, that "Resolution ordering construction of F.Y. 1981, 18th Street Bridge Painting and Repairs, Contract No. 220", be adopted. Ayes: Seven. Absent: None. Resolution adopted and upon approval by Mayor, assigned No. 1981-90. 80024 - Moved by Roehr, seconded by Dowie, that proof of publication of notice of contractors or invitation for bids of construction of F.Y. 1981,18th Street Bridge Painting and Re- pairs, Contract No. 220 as published in the Waterloo Courier on February 17, 1981 be received and placed on file. Motion carried. 80025 - Moved by Wilharm, seconded by Penaluna, that the following bids be received, placed on file, Clerk instructed to open and read same and bids referred to Engineers for check- ing and report back: BIDDER BASE BID ALT.BID #1 ALT.BID #2 ALT.BID #3 ALT.BID #4 ALT.BID #5 ALT.BID #6 BID BOND Herberger Const. $305,170.00 $290,170.00 $296,905.00 $281,905.00 $370,725.30 $355,725.30 $347,460.30-10% Taylor Isenhower $182,184.25 $170,264.25 $174,153.25 $162,233.25 $236,417.55 $224,497.55 $216,466.55-10% Motion carried. 80026 - Moved by Bowers, seconded by Wilharm, that award of bid for the F.Y. 1981, 18th Street Bridge Painting and Repairs, Contract No. 220 be delayed for one week to allow review of the bids. Motion carried. HEARINGS 80027 - Moved by Roehr, seconded by Dowie, that proof of publication of notice of public hearing on proposal to allow property tax exemption for industrial property in the City of Water- loo, Iowa as published in the Waterloo Courier on February 20, 1981, be received and placed on file. Motion carried. 80028 - HOLD HEARING - This being the time and place the Mayor called for written and oral objec- tions and there were none. Moved by Dowie, seconded by'Burton, that "An ordinance providing for a partial exemption from property taxation of actual value added to industrial real estate by new construc- tion of industrial real estate and acquisition of or improvement to machinery and equip- ment assessed as real estate", be received, placed on file and passed for the first time. Ayes: Seven. Motion carried. ORAL PRESENTATIONS - 2 - 80029 - John Woods, representing West Side Grocery, 923 West 3rd Street, asked that the City Council consider acting upon his application for a Class "C" Beer Permit (also Sunday) for this location. He sited various examples of why consideration should be given in- cluding the fact that this location had not received a suspension for some time and that the establishment provided employment for twenty-five persons in the community. Moved by Wilharm, seconded by Roehr, to add to the beer & liquor license applications the application of West Side Grocery, 923 West 3rd Street for a Class "C" Beer Permit Application and Sunday Class "C" Beer Permit Application. Ayes: Seven. Motion carried. 80030 - Mike Miller requested that the Council consider allowing placement of a mobile home on property generally located south of Blaine Road and west of Kimball Avenue. The property is zoned "A-1" Agricultural District. Plan and Program Director Don Temeyer explained that mobile homes must be located in licensed mobile home parks. Moved by Bowers, seconded by Burton, that this item be placed on next week's agenda for review and consideration by the City Council, with the Plan and Program Commission asked to review the situation. Motion carried. 80031 - Councilman Burton presented a letter signed by residents in the 2900-3200 block of West 9th Street concerned with the condition of the street. Moved by Burton, seconded by Roehr, that the above letter and referred to the Street Department. Motion carried. be received, placed on file, PETITIONS FROM PUBLIC 80032 - Moved by Roehr, seconded by Wilharm, that communication from Plan and.Program Commission transmitting request of the National Bank of Waterloo to vacate, sell and convey a por- tion of an alley located adjacent to their downtown office with the City's retention of an easement be received and placed on file "Resolution setting date of hearing as March 23, 1981 in City Hall Council Chambers", be adopted and Clerk instructed to publish notice of hearing. Ayes: Seven. Resolution adopted and upon approval by Mayor, assign- ed No. 1981-91. 80033 - Moved by Burton, seconded by Wilharm, that request of James L. Rooff for sale of a parcel of property in the amount of $2,900.00 currently owned by the City of Waterloo and generally located near West 10th Street and the Cedar River, be received, placed on file and "Resolution fixing the time and place of hearing as April 6, 1981 at 7:00 P.M. in the City Hall Council Chambers", be adopted and Clerk instructed to publish notice ac- cordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-92. UNFINISHED BUSINESS 80034 - Moved by Burton, seconded by Bowers, that communication from Plan and Program Director transmitting developer's and engineer's request that the City Council reconsider the preliminary plat of Angelow's Addition which was denied under Council Action #80000 of March 2, 1981, be received and placed on file. Motion carried. 80035 - Bill Robinson, Robinson Engineering Company stated that the storm water generated from the proposed plat would not significantly increase run off in the area. The City Engineer concurred with the opinion. Moved by Burton, seconded by Bowers, that communication from Robinson Engineering Company on drainage for Angelow's Addition be received and placed on file. Motion carried. 80036 - Moved by Wilharm, seconded by Bowers, that the preliminary plat of Angelow's Addition be reconsidered and with the above reports on file, "Resolution approving the preliminary plat of Angelow's Addition", be adopted. Ayes: Bowers, Burton, Dowie, Getty, Roehr, Wilharm. Nays: Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 1981-93. 80037 - Discussion again centered around whether the City had committed to participation in over - sizing of subdivision improvements. The preliminary plat was submitted after adoption of the new subdivision ordinance which stated the need for written requests for city participation. Fred Debe, Schenk Engineering, again reiterated his contention that the City should be involved in the financial participation in Granger's Second Addition. March 9, 1981 3 80037 - (Continued) Moved by Penaluna, seconded by Dowie, that the City financially participate in subdivi- sion improvements for Granger's Second Addition in the amount of $67,109 and participate in one half of the total subgrade cost of $16,341.87. Ayes: Bowers, Dowie, Penaluna. Nays: Burton, Getty, Roehr, Wilharm. Motion NOT carried. 80038 - Moved by Wilharm, seconded by Getty, that request of Black Hawk Development Corp. for City participation in the cost of subdivision oversizing in Granger's Second Addition in the amount of $67,109, be approved. Ayes: Getty, Wilharm. Nays: Bowers, Burton, Dowie, Penaluna, Roeht.(After discussion Penaluna changed his vote Aye.) Motion NOT carried. 80039 - Moved by Burton, seconded by Roehr, that communication from City Engineer transmitting request of Weis Builders, Inc., for City participation in the cost of oversizing of Sears Street and Camelot Court in the amount of $12,115.82 together with recommendation of City participation for sanitary sewer oversizing in the amount of $1,898.86, be re- ceived and placed on file and "Resolution authorizing payment in the amount of $1,898.86 for sanitary sewer oversizing on Sears Street and Camelot Court", be adopted with balance of payment to be discussed at Council meeting of March 16, 1981. Ayes: Bowers, Burton, Dowie, Penaluna, Roehr. Nays: Getty, Wilharm. Resolution adopted and upon approval by Mayor, assigned No. 1981-94. 80040 - Moved by Roehr, seconded by Dowie, that the bid of Dale J. Clark in the amount of $23,471.52 being the lowest legal bid, be received, placed on file and "Resolution accepting the bid of Dale J. Clark with the base bid of $18,641.12 and Alt. A for $4,830.40 for Paramount Park Project, Contract No. 218", be adopted and Clerk instructed to return unsuccessful bids. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-95. REPORTS "80041 - Charlege Merta, Northwestern Bell Telephone Company, presented a written report of the City's communication considerations. She expressed her pessimism of some of the infor- mation that had been proposed by Teleconnect. The Mayor aired his disappointment in the service that the City had received from North- western Bell in the last three years. Les Poe, Telecom, indicated that an additional 3 - 4 weeks would be needed to do a com- plete survey of the City's needs. The Building and Grounds Committee indicated that all companies were given the same opportunity and information in submitting their proposals. John Marshall, Teleconnect, indicated that his company had made atentative survey, with the bid price which they quoted as being the maximum rate. Finalization of plans would be necessary before installation. Councilman Getty was told that Teleconnect would provide training for all personnel using the system and the control unit would be located in City Hall in a location not needing air conditioning. Mr. Marshall indicated that some phones'could be restricted from long distant useage, and that the system was computerized. Moved by Wilharm, seconded by Dowie, that the above oral reports be received and placed on file. Motion carried. 80042 - Moved by Roehr, seconded by Bowers, that communication from Assistant City Attorney transmitting opinion on Section 2A -55(c) of the Waterloo City Zoning Ordinance more particularily on consideration of request for rezoning in the four month elapsed period from date of denial of the City Council (C.R.#79943), be received and placed on file. Motion carried. 80043 - Moved by Penaluna, seconded by Wilharm, that the request of Cedar Falls Oil Company to rezone from "R-2" One and Two Family Residence District to "C-1" Commercial District a parcel of land located on Howard and La Porte Road be referred to next week's Council agenda for discussion. Motion carried. March 9, 1981. - 4 - 80044 - Moved by Bowers, seconded by Burton, that Annual Audit of the Motor Vehicle Parking Facilities Funds, be received, placed on file and approved. Motion carried. 80045 - Moved by Dowie, seconded by Roehr, that City Treasurer's Statement for February, 1981, showing fund balance February 1, 1981, $17,089,530.41 + Revenues - Taxes $102,602.62 + Revenues - City Clerk $669,271.01 + Revenues - City Treasurer $1,183,898.93 + Transfers $211,035.72 - Disbursements $2,968,893.33, fund balance February 28, 1981 $16,287,445.36, be received, placed on file and approved. Motion carried. 80046 - Moved by Burton, seconded by Bowers, that Finance Director's Statement for February, 1981, showing fund balance February 1, 1981, $16,562.55 + Revenues $2,147,208.98 - Bill Payments $1,502,206.36 - Payrolls $1,067,369.01 - Commission Bilis $421,732.29 - Transfer $59,359.08, fund balance February 28, 1981, $15,659,436.79, be received, placed on file and approved. Motion carried. 80047 - Moved by Roehr, seconded by Dowie, that communication from Quintin T. Parker, Sign and Traffic, reporting on sign placement on or near Hagerman Baptist Church referred to under C.R.#79992 of March 2, 1981, be received and placed on file. Motion carried. 80048 - Moved by Burton, seconded by Bowers, that communication from Quintin T. Parker, Sign and Traffic, recommending relocation of school fence along West 6th Street and Pleasant Street, referred to under C.R.#79993 of March 2, 1981, and order installation of stop sign as allowed by the traffic ordinance. Motion carried. DOCUMENTS 80049 - Moved by Dowie, seconded by Bowers, that communication from City Engineer transmitting Supplemental Agreement No.1 to the Castle Hill Drainage Study Contract with Brice, Petrides & Associates, Inc., be received and placed on file and "Resolution approving Supplemental Agreement No.l to the Castle Hill Drainage Study with Brice, Petrides & Associated, Inc., and authorizing the Mayor to execute said agreement", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-96. RESOLUTION TO BE ADOPTED 80050 - Moved by Roehr, seconded by Burton, that communication from Community Development Admini- strator transmitting offers to release railroad service spur line from James and Ramona Rooff for property generally located at West 10th and Commercial Street in conjunction with local flood protection project be received and placed on file and "Resolution ac- cepting and approving certain offers to release railroad service for a railroad spur line and accepting and approving agreement", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-97. 80051 - Moved by Roehr, seconded by Burton, that communication from Community Development Admini- strator requesting a condemnation of a leasehold interest of property leased by W. H. Hartman Company in connection with the local flood protection program for property generally located at 183 West 9th Street be received, placed on file and "Resolution authorizing the condemnation of certain real property for the Flood Control Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-98. BILLS - PAYMENT 80052 - Moved by Dowie, seconded by Bowers, that "Bill, Resolution, "Schedule A" and "Schedule B", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-99. 80053 - Moved by Bowers, seconded by Penaluna, that "Resolution authorizing the payment of the following statement for work completed by contractor and amount indicated together with recommendation for approval: Downtown 80's Project, Phase III, Communication Network Systems - $17,910.00", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-100. 80054 - Moved by Dowie, seconded by Penaluna, that "Resolution authorizing the payment of the following pay estimate for work completed by contractor and. amount indicated together with recommendation for approval: Pay Estimate No. 2 - Lincoln-Ackermant Area Storm Sewer & Pumping Station, Contract No. 205, Hurst Excavating, Inc., $71,721.00, be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-101. March 9, 1981. AMIN 5 NEW BUSINESS 80055 - Moved by Wilharm, seconded by Roehr, that communication from Waterloo Civil Service Commission certifying two lists of persons eligible for the appointment to the Waterloo Fire Department, be received, placed on file, approved and "Resolution authorizing the following names on List No. 1 as follows: Reece Peterson, Jeffrey Clark, Mark Breyfogle, C. Dean Smock, Louis Ball, Carl Beyerhelm, Mark Olson, Douglas Moon, David Haugen and Jeff Dyke and List No. 2 as follows: Jam Greentree, John Strickland, Thomas Cutsforth, Gene Hansen, Tim Pfalzgraf, Timothy Richardson, Tim Olson, Dan Etringer, Kevin Lindsey and Robert Nemmers as eligible for appointment to the Waterloo Fire Department for the next year (March 5, 1981 through March 4, 1982)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-102. 80056 - Moved by Roehr, seconded by Burton, that communication from Milk Sanitation Department reporting retirement of John Halbach effective March 31, 1981 and entitlement of 32 hours vacation pay and 592 hours sick leave be received, placed on file and "Resolution approving payment of $5,903.04 sick and vacation pay to John Halbach, Milk Sanitarian", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-103. 80057 - Moved by Wilharm, seconded by Bowers, that the following request for permission to attend functions with expenses allowed not to exceed amounts shown, be received, placed on file and approved: Detective Sergeant to attend Investigative Management Information System, Washington,D.C., March 23 - 25, 1981 -- $440.00, plus use of City vehicle. Assistant Milk Sanitarian to attend Iowa Association of Milk, Food and Environmental Sanitarians and Iowa Dairy Industry Council, Ames, Iowa, March 25 - 26, 1981 -- $64.00 Director and two Sanitation Inspectors to attend 40th annual meeting of the Iowa Associa- tion of Milk, Food & Environmental Sanitarians, Ames, Iowa, March 25, 1981 -- $41.00, plus use of City vehicle. Associate Engineer to attend workshop on Work Zone Traffic Control, Madison, Wisconsin, March 26, 1981 -- $325.00 Ayes: Seven. Motion carried. MISCELLANEOUS 80058 - Moved by Bowers, seconded by Wilharm, that 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 C Estella Bishop dba Estella's Good Time Lounge, 1400 East 4th Street. Robert J. Murphy dba Forum Tap, 1318 Sycamore Street Eugene R. Aldrich dba Park Road Inn, 306 Park Road Irene D. Martin dba 929 Tap, 929 West 5th Street Beer Permit License Applications Class C Gordy's, Inc., Gordy's, Inc., John Woods dba Sunday Sales - Class C Gordy's, Inc., Gordy's, Inc., John Woods dba Motion carried. dba Gordy's Foods, 2401 Falls Avenue dba Gordy's Foods, 2834 Ansborough Avenue West Side Grocery, 923 West 3rd Street Beer Permit License Application dba Gordy's Foods, 2401 Falls Avenue dba Gordy's Foods, 2834 Ansborough Avenue West Side Grocery, 923 West 3rd Street 80059 - Moved by Burton, seconded by Bowers, that the following application for Taxicab Driver, be received, placed on file and approved: Russell Hemsath, 1703 East Ridgeway Avenue. Motion carried. March 9, 1981. 6 BONDS 80060 - Moved by Dowie, seconded by Burton, that report of City Attorney and list of bonds filed with Clerk through March 9, 1981, be received, placed on file and report and bonds ap- proved. Motion carried. 80061 - Moved by Burton, seconded by Wilharm, that the City Council meet in Executive Session to review a personnel matter as allowed under Section 28A.5 Code of Iowa and as approved by the City Attorney. Ayes: Seven. Motion carried. EXECUTIVE SESSION 80062 - Moved by Roehr, seconded by Wilharm, that the Ctiy Council convene in regular session. Motion carried. 80063 - Moved by Wilharm, seconded by Roehr, that communication from Buildings and Grounds Committee making recommendation on telephone system for City Hall be received and placed on file. Motion carried. 80064 - Moved by Wilharm, seconded by Bowers, that "Resolution authorizing the Mayor to sign a Letter of Intent with Teleconnect Integrated Business Communications of Cedar Rapids, Iowa for telephone services for the City", be adopted, with seven year lease option. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 1981-104A. 80065 - Moved by Bowers, seconded by Burton, that the Council adjourn. Motion carried. Larry P. Burger City Clerk. March 9, 1981.