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HomeMy WebLinkAbout12/08/80-{- N 11"� December 8, 1980. 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 December 8, 1980. Mayor Rooff in the Chair. On roll call: Present: Wilharm, Roehr, Penaluna, Getty, Dowie, Burton. Absent: Bowers. Invocation by Former Council- man Calvin Geiger. 79649 - Moved by Roehr, seconded by Dowie, that the Agenda, as amended, for the Regular Session of December 8, 1980, at 7:00 P.M., be accepted and approved. Motion carried. 79650 - Moved by Burton, seconded by Wilharm, that the minutes of the Regular Session held Nov- ember 24, 1980 and December 1, 1980 at 7:00 P.M. be approved. Motion carried. HEARINGS AND BIDS 79651 - Moved by Dowie, seconded by Getty, that proof of publication of notice of public hearing on proposal to sell and convey real property generally located northwest of intersect- ion of John and Ankeny Street and east of Virden Creek Enclosure as published in the Waterloo Courier on November 21, 1980, be received and placed on file. Motion carried. 79652 - Moved by Penaluna, seconded by Wilharm, that communication from Plan and Program Com- mission transmitting an appraisal summary sheet prepared by Norman V. Faucher, be re- ceived and placed on file. Motion carried. 79653 - 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 Wilharm, seconded by Dowie, that bids be received, placed on file and in- struct Clerk to open and read and refer to Plan and Program Department. Clerk re- ported that the following sealed bids were received: BIDDER Katherine Cross Mosley Motion carried. AMOUNT OF BID $2,500.00 79654 - Don Temeyer, Plan and Program Director, reported that the bid was in order, except that a personal check had been written instead of a certified check. Vic Kennedy,, Attorney, stated that the bid could be awarded to the Mosley's, however, if the check was insuffi- cient, the deed would not be delivered. Moved by Roehr, seconded by Getty, that "Resolution approving and authorizing the con- veyance of real property generally located northwest of the intersection of John and Ankeny Streets and east of Virden Creek Enclosure to Katherine Cross Mosley in the amount of $2,500.00 and directing and authorizing the Mayor and City Clerk to execute and deliver a deed accordingly", be adopted and Clerk instructed to return unsuccessful bids. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 27398. HEARINGS 79655 - Moved by Roehr, seconded.by Dowie, that proof of publication of notice of public hear- ing on proposal to vacate an easement between Lots 6, 7, and 19 and also between Lots 3, 4, and 5 in Vold Addition as published in the Waterloo Courier on November 21, 1980, be received and placed on file. Motion carried. 79656 - HOLD HEARING - This being the time and place for hearing the Mayor called for written and oral objections and there were none. Don Temeyer, Plan and Program Director, stated that the utility companies did not object to the vacation and that new easements would be dedicated. Moved by Burton, seconded by Getty, that "An Ordinance vacating a sixteen foot drainage and utility easement between Lots 6, 7, and 19 and also between Lots 3, 4, and 5 in Vold Addition in the City of Waterloo, Black Hawk County, Iowa", be received, placed on file and passed for the first time. Ayes: Six. Absent: Bowers. Motion carried. 79657 - Moved by Wilharm, seconded by Getty, that the rules requiring ordinances to be consid- ered 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: Bowers. Motion carried. 79656 - Moved by Dowie, seconded by Burton, that "An Ordinance vacating a sixteen foot drainage and utility easement between Lots 6, 7, and 19 and also between Lots 3, 4, and 5 in Vold Addition in the City of Waterloo, Black Hawk County, Iowa", be adopted. Ayes: Six. Absent: Bowers. Ordinance adopted and upon approval by Mayor, assigned No. 3118. 79659 - Moved by Getty, seconded by Wilharm, that "Resolution dedicating an easement along the east eight feet of Lots 19 and 5 in Vold Addition in the City of Waterloo, Black Hawk County, Iowa", be adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 27399. - 2 - 7966D - Moved by Roehr, seconded by Burton, that proof of publication of notice of public hear- ing to sell a parcel of land in the Virden Creek Dam and Impoundment Area to Richard C. Anderson and Jean Nelson,Co-executors of the Estate of John D. Anderson as published in the Waterloo Courier on November 17, 1980, be received and placed on file. Motion carried. 79661 - HOLD HEARING - This being the time and place for hearing the Mayor called for written and oral objections and there were none. Moved by Getty, seconded by Wilharm, that "Resolution approving the sale of property located at Virden Creek Dam and Impoundment Area to Richard C. Anderson and Jean Nelson Co-executors of the Estate of John D. Anderson and authorizing the execution of the necessary contract for sale of land and deed", be adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 27400. 79662 - Moved by Dowie, seconded by Wilharm, that proof of publication of notice of public hearing on proposed plans, specifications, form of contract, etc., for the Shaulis Road Grading and P.C.C. Paving, Federal Project No. M-6470(2)--81-07, Contract No. 201, as published in the Waterloo Courier on December 2, 1980, be received and placed on file. Motion carried. 79663 - 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 Burton, seconded by Roehr, that "Resolution confirming the approval of plans, specifications, etc., for the Shaulis Road Grading and P.C.C. Paving, Federal Project No. M-6470(2)--81-07, Contract No. 201", be adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 27401. 79664 - Moved by Wilharm, seconded by Burton, that "Resolution ordering construction of the Shaulis Road Grading and P.C.C. Paving, Federal Project No. M-6470(2)--81-07, Contract No. 201", be adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon ap- proval by Mayor, assigned No. 27402. 79665 - Moved by Roehr, seconded by Dowie, that proof of publication of notice to contractors or invitation for bids for construction of Shaulis Road Grading and P.C.C. Paving, Federal Project No. M-6470(2)--81-07, Contract No. 201, be received, placed on file. Motion carried. (Bid letting by Iowa Department of Transportation on December 16, 1980) PETITION FROM PUBLIC 79666 - Moved by Dowie, seconded by Burton, that communication from Plan and Program Commission transmitting site plan for an addition to Maywood Weslyan Church located on the corner of Schultz Street and Bishop Avenue, be received, placed on file and "Resolution fixing the time and date of hearing as December 22, 1980 at 7:00 P.M. in the City Hall Council Chambers", be adopted and Clerk instructed to publish notice accordingly. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 27403. REPORTS 79667 - Moved by Burton, seconded by Penaluna, that City Treasurer's Statement for November, 1980, showing Fund Balance November 1, 1980, $17,153,044.93 + Receipts - Taxes $3,946,726.63 + Receipts - City Clerk $325,113.76 + Receipts - City Treasurer $2,550,626.57 + Receipts - Transfers $1,290,135.65 - Disbursements $5,475,097.62, Fund Balance 11/30/80 $19,790,549.92, be received, placed on file and approved. Motion carried. 79668 - Moved by Burton, seconded by Dowie, that the Finance Director's Statement for November, 1980, showing Fund Balance November 1, 1980, $16,561,267.41 + Receipts $8,088,407.75 - Bill Payments $3,580,074.74 - Payrolls $1,055,837.15 - Commission Bills $427,244.04 - Transfers $1,119,177.78"Fund Balance November 30, 1980 $18,467,341.45 be received, placed on file and approved. Motion carried. 79669 - Moved by Wilharm, seconded by Dowie, that communication from City Engineer reporting on flood control improvements from Sixth Street to Eleventh Street on the westerly side of the river, and work associated with the Eleventh Street Bridge and alternatives to its closing, be received, placed on file. Motion carried. 79670 - Several merchants in the vicinity of the Eleventh Street Bridge were present including Irving-Uze, of Esco Auto Supply. He commented that it would be an unfair financial burden for merchants to have the bridge closed. Al Schmitz, of Varsity Cleaner, stated that it would be necessary to lay off employees due to decreased business if the bridge were closed. Merlyn Christianson of the U.S. Army Corps of Engineer's District Office stated that approximately 30 days would be needed by the contractors to complete the necessary work if the bridge were completely closed. Penaluna asked where the additional $50,000 - $60,000 would come from if the bridge were closed and wasold that Flood Control Monies would cover said expense, h � � - - 79670 - (Continued) 3 Moved by Dowie, seconded by Penaluna, that "Resolution authorizing the Eleventh Street Bridge to remain open to two lanes of traffic through the duration of repairs to the bridges", be adopted and adequate measures taken to reduce speed limits and/or limit truck travel. Ayes: Wilharm, Penaluna, Getty, Dowie, Burton. Nays: Roehr. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 27404. Mayor Rooff introduced Troop 1 from Westminister Presbyterian Church and welcomed them to the meeting. 79671 - Moved by Wilharm, seconded by Burton, that communication from City Engineer recommend- ing that due to the construction of the Hotel on the corner of West Fourth and Commer- cial that contractor be al owl!jd_to place barricades five feet behind the curb for pedestrian walkway along Fourth Street and a barricade in the street eight feet from the curb and by mid -winter a barricade 21 feet from the curb on Commercial Street, be received, placed on file and approved. Ayes: Six. Absent: Bowers. Motion carried. ORDINANCE TO BE ADOPTED 79672 - Moved by Roehr, seconded by Dowie, that "An Ordinance vacating an alley in Block 32 in the Original Plat on the west side of the Cedar River with the City's retention of an easement over the entire described property", be received, placed on file and passed for the third time. Ayes: Six. Absent: Bowers. Motion carried. 79673 - Moved by Dowie, seconded by Burton, that "An Ordinance vacating an alley in Block 32 in the Original Plat on the west side of the Cedar River with the City's retention of an easement over the entire described property", be adopted. Ayes: Six. Absent: Bowers. Ordinance adopted and upon approval by Mayor, assigned No. 3119. 79674 - Moved by Penaluna, seconded by Roehr, that "An Ordinance vacating an alley in Block 17, in Hagerman Place", be received, placed on file and passed for the third time. Ayes: Six. Absent: Bowers. Motion carried. 79675 - Moved by Getty, seconded by Penaluna, that "An Ordinance vacating an alley in Block 17, in Hagerman Place", be adopted. Ayes: Six. Absent: Bowers. Ordinance adopted and upon approval by Mayor, assigned No. 3120. 79676 - Moved by Dowie, seconded by Penaluna, that "An Ordinance establishing the Downtown Self - Supported Municipal Improvement District pursuant to the provisions of Senate File 356 of the Acts of the 66th General Assembly, 1976 Session, and providing for the establish- ment of funds and the levy of annual taxes in connection therewith", be adopted. Ayes - Six. Absent: Bowers. Ordinance adopted and upon approval by Mayor, assigned No. 3121. NEW BUSINESS 79677 - Moved by Burton, seconded by Dowie, that "Resolution accepting work and ordering prepara- tion of final plat and schedule of assessments for the F.Y. 1981 San Marnan Frontage Road Paving, Contract No. 208, be adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 27405. 79678 - Moved by Roehr, seconded by Dowie, that City Engineer's final plats, schedule of assess- ments, breakdown of project costs, etc., for the F.Y. 1981 San Marnan Frontage Road Paving Project, Contract No. 208, be received and placed on file. Motion carried. 79679 - Moved by Dowie, seconded by Burton, that "Resolution adopting and levying final schedule of assessments, and providing for the payment thereof for F.Y. 1981 San Marnan Frontage Road Paving, Contract No. 208", be adopted. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 27406. 79680 - Moved by Roehr, seconded by Dowie, that communication from Planning Director recommend- ing that a date of hearing be set soliciting public imput for uses of Federal Revenue Sharing be received, placed on file and "Resolution setting date of hearing on solicit- ing public imput for uses of Federal General Revenue Sharing Funds as December 22, 1980 at 6:30 P.M. in City Hall Council Chambers", be adopted and Clerk instructed to publish notice accordingly. Ayes: Six. Absent: Bowers. Resolution adopted and upon approval by Mayor, assigned No. 27407. 79681 - Moved by Roehr, seconded by Penaluna, that communication from Mayor recommending appoint- ment of Michael L. Christiason to the Board of Adjustment, with term expiration on December 8, 1985, be received, placed on file and approved. Motion carried. December 8, 1980 79682 - Moved by Penaluna, seconded by appointment of the following to Frank J. D. W. Ray with term expiration on October Motion carried. - 4 - Roehr, that communication from Mayor the Waterloo Recreation Commission: Guild Singer Richardson 1, 1983, be received, placed on file recommending re - and approved. 79683 - Moved by Burton, seconded by Getty, that the following request for permission to attend functions, with expenses allowed not to exceed amounts shown, be received, placed on file and approved: Senior Traffic Signal Technician to attend Eagle Signal School, Austin, Texas, February 11 thru 13, 1981 -- $646.00 Patrolman, Identification Division, to attend Fingerprint and Photograph School, Camp Dodge, Iowa, December 9 thru 11, 1980 -- $15.75, plus use of City vehicle. Two Housing Inspectors to attend Existing Housing Inspection Training Class, University of Wisconsin, Madison, Wisconsin, January 12, 1981 thru January 14, 1981 -- $400.00 plus use of City vehicle. Ayes: Six. Absent: Bowers. Motion carried. MISCELLANEOUS 79684 - 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 & Liquor Permit License Application Class C The Enterventure Co. dba Arlo's Wooden Box Band and Other Old Friends, 3555 University Phyllis L. Nelson dba Eagles Nest, Inc., 360 East Ridgeway Manway, Inc. dba Lafayette Tap, 615 Lafayette Riverside Improvement Corporation dba Waterfront Lounge, 622 Water Street Beer Permit License Application Class B Rigel, Ltd. dba Godfather's Pizza, 3811 University Avenue Daniel Arthur Smith, dba Happy Joe's Pizza & Ice Cream Parlor, 2014 East Ridgeway Class C Stephen C. Hallman dba One Stop Food Mart, 1608 University Avenue Revco Discount Drug Centers of Iowa, Inc., dba Revco Discount Drug Center No. 3007, 2068 Logan Avenue Martin Oil Service, Inc. dba Martin Oil, 325 Franklin Street Sunday Sales - Beer & Liquor Permit Applications Class C Manway, Inc. dba Lafayette Tap, 615 Lafayette Street Phyllis Nelson dba Eagles Nest, Inc., 360 East Ridgeway Avenue Sunday Sales - Beer Permit License Applications Class B Rigel, Ltd. dba Godfather's Pizza, 3811 University Avenue Daniel Arthur Smith dba Happy Joe's Pizza & Ice Cream Parlor, 2014 East Ridgeway Class C Revco Discount Drug Centers of Iowa, Inc. dba Revco Discount Drug Center No. 3007, Stephan C. Hallman dba One Stop Food Mart, 1608 University Avenue Martin Oil Service, Inc. dba Martin Oil, 402 Second Street Motion carried. 79685 - Moved by Burton, seconded by Wilharm, that the following application for Massage Business Permit, be received, placed on file and action deferred to check expiration date, placed on City Council agenda for December 15, 1980 and if in order, approval given retroactively to December 8, 1980: Sisal Scrub, 1915 Lafayette Street Motion carried. 79686 - Moved by Roehr, seconded by Getty, that the following application for Taxicab Driver, be received, placed on file and approved: Raymond A. Barger, 317 York, New Hartford, Iowa. Motion carried. December 8, 1980 a - 5 - 79687 - Moved by Dowie, seconded by Roehr, that one (1) new cigarette license permit, be re- ceived, placed on file and granted. Motion carried. 79688 - Moved by Burton, seconded by Getty, that report of City Attorney and list of bonds filed with Clerk through December 8, 1980, be received, placed on file and report and bonds approved. Motion carried. 79689 - Moved by Dowie, seconded by Roehr, that the Council adjourn. Motion carried. Larry P. Burger City Clerk. December 8, 1980