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HomeMy WebLinkAbout11/17/80''N November 17, 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 November 17, 1980. Mayor Rooff in the Chair. On roll call: Present: Wilharm, Roehr, Penaluna, Dowie, Burton, Bowers. Absent: Getty. Invocation by Rev. T.F. Thomas. 79515 - Moved by Roehr, seconded by Wilharm, that the Agenda, as amended, for the Regular Session of November 17, 1980, at 7:00 P.M., be accepted and approved. Motion carried. 79516 - Moved by Burton, seconded by Bowers, that the minutes of the Regular Session held November 10, 1980 at 7:00 P.M. be approved. Motion carried. HEARINGS AND BIDS 79517 - Moved by Bowers, seconded by Wilharm, that proof of publication of Notice of Public Hearing on proposed plans and specification, form of contracts and taking of construction bids, for Byrnes and Gates Park Swimming Pool Replacement, therefore, as published in the Waterloo Courier on November 5 and November 12, 1980, be received and placed on file. Motion carried. 79518 - 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 the following bids be received, placed on file, Clerk instructed to open and read same and bids referred to Engineers for checking and report back. 13IDDFR TOTAL BID ALT. _ 1 AL`!' 2. ALT 3 ALT 4 Wendell Lockard Const. Co, $1045 ?358.100 $40,200 No Bid (34,700) (61200) 901 Black Hawk Street Waterloo, Iowa Cardinal Construction Co. $1,529,000.00 $46,800 No Bid (31,700) (4,760) 365 Nevada Street Waterloo, Iowa Motion carried. 79519 - Moved by Roehr, seconded by Penaluna, that proof of publication of notice of public hear ing on proposal to sell and convey real property generally located at the intersection of Black Hawk Street and Sixteenth Street as published in the Waterloo Courier on October 31, 1980, be received and placed on file. Motion carried. 79520 - Moved by Penaluna, seconded by Roehr, that communication from Plan and Program Commission transmitting an appraisal summary sheet prepared by Norman V. Faucher, S.R.A., be received and placed on file. Motion carried. 79521 - 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 Dowie, seconded by Burton, that Bids be received, placed on file and instruct Clerk to open and read and refer to the Plan and Program Department. Clerk reported that the following sealed bids were received: BIDDER Amount of Bid Bearing Service Company, Inc. $6,300.00 1826 Black Hawk Waterloo, Iowa Motion carried. 79522 - Don Temeyer, Plan and Program Director, reported that the bid was in order, but that the bid was less than the advertised minimum amount of $8,700.00. Attorney Hultman, stated that this bid could not be accepted because the Council had es- tablished a minimum bid of $8,700.00 and that perhaps others had not bid because they could not meet or exceed the established minimum. Moved by Roehr, seconded by Bowers, that "Resolution rejecting the bid of Bearing Service Company, Inc., because it did not meet the established minimum bid", be adopted and Clerk be instructed to return certified check. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 27347. - 2 - 79523 - Moved by Bowers, seconded by Burton, that proof of publication of notice of public hear- ing on proposal to sell and convey real property generally located at intersection of Seventeenth Street and Flood Control Dike as published in the Waterloo Courier October 31, 1980, be received and placed on file. Motion carried. 79524 - Moved by Roehr, seconded by Wilharm, that communication from Plan and Program Commission transmitting an appraisal summary sheet prepared by Norman V. Faucher, S.R.A., be received and placed on file. Motion carried. 79525 - 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 Dowie, that bids Clerk to open and read and refer to the Plan the following sealed bids were received: BIDDER be received, placed on file and instruct and Program Department. Clerk reported that AMOUNT OF BID Bearing Service Company, Inc. $11,900.00 1826 Black Hawk Waterloo, Iowa Motion carried. Don Temeyer, Plan and Program Director, reported that the bid was in order and met the minimum established bid. 79526 - Moved by Wilharm, seconded by Burton, that "Resolution approving and authorizing the con- veyance of real property known as Lots 1, 2, 3, Block 16, Hayes Addition as published in the Waterloo Courier on October 31, 1980 to Bearing Service Company, Inc., in the amount Of $11,900.00 and directing and authorizing the Mayor and City Clerk to execute and de- liver a deed accordingly", be adopted and Clerk instructed to return unsuccessful bids. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 27348. HEARINGS 79527 - Moved by Dowie, seconded by Wilharm, that proof of publication of Notice of Intention to Issue Industrial Development Revenue Bonds (Forward Broadcasting of Iowa, Inc.) not to exceed $1,000.000 in the City of Waterloo, Iowa as published in the Waterloo Courier October 31, 1980, be received and placed on file. Motion carried. 79528 - The Mayor announced that the purpose of the meeting was to hold a public hearing on the proposal to issue not to exceed $1,000,000 aggregate principal amount of the City's In- dustrial Development Revenue Bonds (Forward Broadcasting of Iowa, Inc. Project), pursuant to the provisions of Chapter 419, Code of Iowa, for the purpose of defraying all or a portion of the cost of acquiring, constructing, improving and equipping a commercial enterprise consisting of a commercial broadcasting studio including offices and related facilities located within the area of and consistent with the City's Urban Renewal Plan. It is proposed that the proceeds from the sale of said Bonds be loaned by the City to Forward Broadcasting of Iowa, Inc., with loan payments sufficient to pay principal of, interest and premium, if any, on such Bonds as the same shall fall due. The Mayor then asked if there was any person or persons present to express views for or against the proposal to issue said Bonds, notice of said hearing having been published as required by law. Written objections or other comments were filed by the following: None Oral objections or other comments were made by the following: None.Dave Mason, Counsel for Forward Broadcasting, stated that said bond money would be issued for the construction and furnishing of a new building at 512 Jefferson Street. After ample opportunity had been given to all persons who appeared at the hearing to ex- press their views for or against the proposal to issue the Bonds, Council Member Wilharm proposed the following Resolution and moved its adoption. Council Member Bowers seconded the motion and "Resolution relating to the holding of a public hearing and approving pro- ceeding with the issuance and sale of not to exceed $1,000,000 in Aggregate Principal In- dustrial Development Revenue Bonds (Forward Broadcasting of Iowa, Inc.) of the City of Waterloo", be adopted. Resolution adopted and upon approval by Mayors, assigned No. 27349. i November 17, 1980 d - 3 - 79529 - Moved by Roehr, seconded by Bowers, that proof of publication of Notice of Public Hearing to Rezone Property located north of East Donald Street and West of Moline Road as pub- lished in the Waterloo Courier, be received and placed on file. Motion carried. 79530 - 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 Zoning Commission had amended the original request to also include additional adjacent properties. This would make existing uses conform to the Zoning regulations. Moved by Wilharm, seconded by Bowers, that "An Ordinance amending No. 2479, as amended, by adding Subsection No. 182, Rezoning Certain Property to Section 2A-5", be received, placed on file and passed for the first time. Ayes: Six. Absent: Getty. Motion carried. 79531 - Moved by Bowers, seconded by Burton, that Proof of Publication of Notice of Public Hearing on proposal to rezone property located South of West Dale and West of Ackermant Street as published in the Waterloo Courier on October 31, 1980, be received and placed on file. Motion carried. 79532 - Moved by Wilharm, seconded by Roehr, that the petition signed by 26% of the area residents against and petition signed by 31% of the area residents for the rezoning, be received and placed on file. Motion carried. 79533 - Mayor Rooff stated that after consultations with the Police Department the concerns of Councilman Getty had been satiAfied. The concerns were: 1) Police calls to Logan Avenue Apartments have reduced in number, 2) Most calls were of a domestic nature, 3) That se- curity lighting would be used.. Jerry Martin, Attorney representing Mt. Carmel Baptist Church, outlined the approval pro- cess required by HUD (including income guidelines, age., He stated that this project re- presented the funneling of Five Million Dollars of Federal Aid into Waterloo. Moved by Bowers, seconded by Burton, that "An Ordinance amending Ordinance No. 2479, as amended, by adding Subsection No. 183 to Section 2A-5", be received, placed on file and passed for the first time. Ayes: Six. Absent: Getty. Motion carried. ORAL PRESENTATIONS 79534 - Mayor Rooff stated the signed easements were essential prior to the commencement of the Carriage Hill Retention Basin, Contract No. 210 project and that Council action on said easements was necessary. Moved by Roehr, seconded by Dowie, that communication from Plan and Program Commission transmitting permanent easement documents for maintenance of a storm drainage facility in the Carriage Hill area across property owned by Wollensen's Trailer Village, Inc., and Leon Lauver and recommending approval, be received, placed on file, same approved and accepted and Clerk instruct to record same. Motion carried. 79535 - Moved by Dowie, seconded by Bowers, that "Resolution setting a time for hearing on a Downtown Urban Renewal And Development Plan in the City of Waterloo, Iowa, as December 1, 1980 at 7:00 P.M. in the City Hall Council Chambers", be adopted and Clerk instructed to publish notice of said hearing.. Nays: Six. Absent: Getty. Resolution adopted and up- on approval by Mayor, assigned No. 27350. PETITIONS FROM THE PUBLIC 79536 - Moved by Roehr, seconded by Dowie, that request of Leon and Kathy Mosley for sale of par- cel of property currently owned by the City of Waterloo and generally located northwest of intersection of John and Ankeny Streets and East of Virden Creek Enclosure be received, placed on file and "Resolution fixing the time and place of hearing and receiving of bids as December 8, 1980, at 7:00 P.M. in the Council Chambers on proposal to sell certain property", be adopted and Clerk instructed to publish notice of public hearing recommend- ing the minimum accepted bid of $2,500.00. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 27351. 79537 - Moved by Penaluna, seconded by Roehr, that request of Permanent Planning, Inc., to vacate a 16 foot drainage and utility easement between Lots 6, 7, and 19 and also between Lots 3, 4, and 5 in Vold Addition and dedication of an easement along the East 8 feet of Lots 19 and 5 in said Addition, be received, placed on file and "Resolution fixing the time and place of hearings as December 8, 1980 in City Hall Council Chambers at 7:00 P.M. on vacation of easement in Vold Addition", be adopted and Clerk instructed to publish notice of hearing. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 27352. November 17, 1980 - 4 - 79538 - Under C.A.#79460 of November 3, 1980, the Junk Yard and Auto Salvage Permit of Wilber Auto Body was denied, after public hearing. Mike Peterson, Attorney, for area residents, expressed opposition to the expansion of Wilber Auto Body based upon three factors: 1) the operation exists on the "Wet" side of the dike, 2) junk yards regulations require that an 8 ft. solid fence be constructed around the operation and solid fences are prohibited in floodplains, and 3) a portion of land they currently occupy could possibly be in public ownership. Moved by Wilharm, seconded by Roehr, that the above remarks be received and placed on file. Motion carried. 79539 - Tony Wilber, Wilber Auto Body, stated that they have occupied the site since 1955 and no party has made claim to the property in question. Moved by Roehr, seconded by Burton, that the matter of legal property owners of certain portions of land (including two east/west alleys and Tract B) currently occupied by Wilber Auto Body be referred to the City Attorney for a report back. Motion carried. REPORTS 79540 - Moved by Burton, seconded by Bowers, that Financial Report for Waterloo Water Works for the Quarter ending September 30, 1980, be received, placed on file and approved. Motion carried. 79541 - Moved by Bowers, seconded by Wilharm, that the Minutes of the Community Development Board Meeting held on October.7, 1980, be received and placed on file. Motion carried. 79542 - Moved by Roehr, seconded by Penaluna, that communication from Quintin T. Parker, Sign and Traffic, recommending certain changes in the Traffic Ordinance specifically the inter- section of Lynkaylee and`Rachel Streets; Bishop Avenue from Osage Road to Independence Avenue and removal of parking of the West side of St. Francis Drive from Ravenwood to San Marnan Drive, be received and placed on file and instruct City Attorney to prepare Ordin- ance accordingly. Motion carried. 79543 - Discussion centered around whether to strike McElroy Auditiorium as recipients of taxes from Section 38-8(d) 1, Ordinance establishing Motel/Hotel Tax. Also, the Mayor included in Section 38-8(d)2 the phrase "to relieve the tax burden 'of Conway Civic Center'". Moved by Bowers, seconded by Wilharm, that the above changes be incorporated into the ordinance. Motion carried. 79544 - Moved by Wilharm, seconded by Burton, that communication from County Commissioner of Elections transmitting the Extraction of Votes for the Waterloo Hotel - Motel Tax Proposal and instructing the City Clerk to forward a copy of said abstraction to the Department of Revenue, be received, placed on file and "Resolution authorizing the City Clerk to notify the Department of Revenue of said tax", be adopted. Ayes: Six. Absent: Getty. Resolut- ion adopted and upon approval by Mayor, assigned No. 27353. 79545 - Mayor Rooff explained that this authorization would allow a bid proposal to be formulated. The system would take affect starting July 1, 1981 with monies to be budgeted in the F.Y. 82 Budget. Moved by Roehr, seconded by Burton, that communication from Mayor Leo P. Rooff recommend- ing the implementation of the 911 Telephone System, be received, placed on file approved, and "Resolution authorizing the drawing up of bid proposals for the 911 Telephone System", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 27354. DOCUMENTS 79546 - Moved by Burton, seconded by Dowie, that communication from Waterloo Water Works trans- mitting permanent easement document from Peoples Mutual Savings and Loan Association across a portion of Tract A, Richland Park, for maintenance of utilities and recommending approval be received, placed on file, same approved and accepted and Clerk instructed to record same. Motion carried. 79547 - Moved by Bowers, seconded by Wilharm, that communication from Community Development Board transmitting certain offers for property currently owned by Rath Packing Company for the sums of $4;000.00 and $20,000.00 to provide construction right-of-way for Stage V -D Flood Control Project, be received, placed on file and "Resolution accepting and approving cer- tain offers to sell real property to the City and accepting and approving certain deeds for construction right-of-way for Stage V -D Flood Control Project from Rath Packing Com- pany for the sum of $4,049.00", be adopted. Ayes: Six. --'*,Absent: Getty. Resolution adopted and upon approv. by Mayor, assigned No. 27355. =J ti November 17, 1980 M 5 79548 - Moved by Dowie, seconded by Bowers, that communication from City Engineer transmitting Certificate of Completion and Final Acceptance of work for the West Ridgeway Avenue grad- ing and P.C.C. Paving, Federal Project No. M-6500(2)--81-07, City Contract No. 165, be received, placed on file and "Resolution approving the Certificate of Completion and Final Acceptance of work for the West Ridgeway Avenue Grading and P.C.C. Paving, Federal Project No. M-6500(2)--81-07, City Contract No. 165", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 27356. Resolutions TO BE ADOPTED 79549 - Moved by Penaluna, seconded by Bowers, that "Resolution amending the Memorandum of Agree- ment executed in connection with the issuance and sale of not to exceed $500,000 aggre- gate principal amount of Industrial Develpment Revenue Bonds (Wayne Engineering Corpora- tion Project) Series 1981, of the City of Waterloo, Iowa", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 27357. 79550 - Moved by Roehr, seconded by Bowers, that communication from Community Development Admini- strator recommending a,public hearing on proposed transfer of uncommitted Community De- velopment Block Grant completion of Urban Renewal Funds for two proposed projects be re- ceived, placed on file and "Resolution setting date of hearing as December C 1980, in City Hall Council Chambers at 7:00 P.M. for the proposed transfer of uncommitted funds in the amount of $90,018.08 in the Community Development Block Grant completion of Urban Re- newal Project to improve sanitary sewers in the 600 - 800 Blocks of Fowler Street and landscaping and development of an open spaces area", be adopted and Clerk instructed to publish notice of said hearing date. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 27358. ORDINANCE TO BE ADOPTED 79551 - Moved by Wilharm, seconded by Bowers, that "An Ordinance adding Chapter 38 to the Code Of Ordinances of the city "of Waterloo, Iowa, imposing a Hotel and Motel Tax of five per- cent (5%) upon the gross receipts from the renting of rooms, apartments, or sleeping quart- ers in any hotel, motel, inn, public lodging house, or tourist court, or in any place where sleeping accommodations are furnished to transient.guests for rent, whether with or with- out meals", as amended, be received, placed on file and passed for the first time. Ayes: Six. Absent: Getty. Motion carried. 79552 - Moved by Bowers, seconded by Burton, that "An Ordinance amending Ordinance No. 2644, known as the Traffic Ordinance, by adding Subsection (80B) Public Alley from East Fourth Street to Logan Avenue approximately 50 feet south of the Illinois Central Gulf Railroad Tracks to Section 543, Thru Streets", be received, filed and passed for the first time. Ayes: Six. Absent: Getty. Motion carried. 79553 - Moved by Burton, seconded by Bowers, 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: Getty. Motion carried. 79554 - Moved by Bowers, seconded by Burton, that "An Ordinance amending Ordinance No. 2644, known as the Traffic Ordinance, by adding Subsection (80B) public alley from East Fourth Street to Logan Avenue approximately 50 feet south of the Illinois Central Gulf Railroad Tracks to Section 543, Thru Streets", be adopted. Ayes: Six. Absent: Getty. Ordinance adopted and upon approval by Mayor, assigned No. 3112. 79555 - Moved by Burton, seconded by Dowie, that "An Ordinance establishing the Downtown Self -Sup- ported 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 establishment of funds and the levy of annual taxes in connection therewith", be received, placed on file and passed for the third time. Action on the adoption of the ordinance was delayed until 30 days after the public hearing December 8, 1980, as required by the legislation. Ayes: Six. Absent: Getty. Motion carried. NEW BUSINESS 79556 - Moved by Roehr, seconded by Penaluna, that communication from Waterloo Water Works Board transmitting their Resolution adopted November 12, 1980, Re Stop Flow of water and prevent further damage at 1236 Howrey Avenue, together with statement of cost in the amount of $446.00 and waiver from Jeanette K. Clark, owner, in compliance with City Ordinance No. 1118, be received, placed on file and "Resolution making assessment for stoppage of flow of water and prevention of further damage at 1236 Howrey Avenue", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor, assigned No. 27359. November 17, 1980 79557 - 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: Captain, Detective Sergeant to attend Criminal History Records Seminar, Chicago, Illinois, November 18 - 19, 1980 -- $371.80, City Share $98.00 Ayes: Six. Absent: Getty. Motion carried. MISCELLANEOUS 79558 - Moved by Bowers, seconded by Wilharm, that following applications for Beer and Liquor Per- mit be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer & Liquor License Permit Applications Class C Hathton, Inc. dba Embapsy Lounge, 225 East 5th Street The Mike Hoye Corporation dba The Iron Fireman Lounge, 341 Fletcher Avenue Kelley's Lounge, Inc. dba Kelley's Lounge, 801 Commercial Street Beer Permit License Applications Class B Tony Tomlyanovich dba Tony's LaPizzeria, Inc., 615 Commercial Street Class C R & G Oil Company, Inc. dba R & G Service #1, 1611 East Fourth Street Sunday Sales - Beer Permit License Applications Class B Tony Tomlyanovich dba Tony,'s LaPizzeria, Inc., 615 Commercial Street Class C R & G Oil Company, Inc. dba R & G Service #1, 1611 East Fourth Street Motion carried. 79559 - Moved by Roehr, seconded by Wilharm, that two (2) new Cigarette License Permits, be re- ceived, placed on file and granted. Motion carried. 79560 - Moved by Burton, seconded by Dowie, that report of City Attorney and list of bonds filed with Clerk through November 17, 1980, be received, placed on file and report and bonds approved. Motion carried. 79561 - Moved by Bowers, seconded by Dowie, that the Council adjourn. Motion carried. Larry Burger City Clerk. I November 17, 1980