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HomeMy WebLinkAbout05/12/80May 12, 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 May 12, 1980. Mayor Rooff in the Chair. On roll call: Present: Bowers, Burton, Dowie, Getty, Penaluna, RoPhr, Wilharm. Absent: None. Invocation by Councilman Bowers. 78436 - Moved by Roehr, seconded by Wilharm that the Agenda, as amended, for the Regular Session of May 12, 1980, at 7:00 P.M., be accepted and approved. Motion carried. 78437 78438 78439 - Moved by ion held - Moved by ion held Burton, seconded by Dowie that the minutes of the regular sPss- May 5, 1980, at 7:00 P.M. be approved. Motion carried. Burton, seconded by Dowie that the minutes of the special sess- April 30, 1980, at 5:00 P.M. be approved. Motion carried. - Moved by Wilharm, seconded by Getty that proof of publication of notice of public hearing on Hospital Facility Revenue Bonds, Series 1980 B (Schoitz Memorial Hospital Project) principal amount not exceeding $5,200,000.00, be received and placed on file. Motion carried. 78440 - Hold hearing - This being the time and place for hearing, the Mayor called for written and oral objections, and there were none. Moved by Roehr, seconded by Wilharm that "Resolution relating to the public hearing and approving proceeding with the issuance and sale not to exceed $4,965,000 of Hospital Facility Revenue Bonds (Schoitz Mem- orial Hospital Project) of the City of Waterloo, Iowa be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26970. 78441 - Moved by Wilharm, seconded by Bowers that "Resolution authorizing and providing for the issuance of $1,325,000 aggregate principal amount of Hospital Facility Revenue Bonds, Series 1980 A (Schoitz Memorial Pro- ject)", be adopted. Ayes: Seven. Resolution adopted and upon approv- al by Mayor, assigned No. 26971. 78442 - Don Temeyer stated progress made to date on obtaining the necessary permanent and temporary easements for the construction of the Elm Drive Sanitary Sewer. The last property owner who has not given the necess- ary easements is Dave Sutherland. He stated that negotiations will continue with this property owner and that condemnation proceedings may be necessary. Moved by Dowie, seconded by Wilharm that negotiations continue with Dave Sutherland for the necessary easements for the construction of the Elm Drive Sanitary Sewer and that "Resolution authorizing the City Att- orney to begin condemnation proceedings, if negotiations are not success- ful", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26972. 78443 - Moved by Roehr, seconded by Wilharm that "Resolution accepting the re- commendation of the Personnel Committee of the Plan and Program Commiss- ion and Zoning Commission to appoint Don Temeyer to the position of Dir- ector of Planning and Programming", be adopted. Mayor Rooff and City Council congratulated him and wished him the best of luck. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26973. 78444 - Moved by Wilharm, seconded by Penaluna that request of Metropolitan Pa'-- ient Transfer, Inc., to raise current rates from $47.50 to $55.00 for non -emergency calls be received, placed on file and "Resolution approving a rate increase for Metropolitan Patient Transfer, Inc., from $47.50 to $55.00 for non -emergency calls",be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26974. 78445 - Moved by Penaluna, seconded by Getty that request of the City of Waterlbo for sale of parcel of property currently owned by the City of Waterloo, as shown on the attached _plat and legally described in Exhibit "A" and recommending approval, bP received, placed on file, and "Resolution fix- ing the time and place of hearing and receiving of bids as June 2, 1980 at 7:00 P.M. in Council Chambers on proposal to sell certain property in Rooff's Addition", adopted and Clerk instructed to publish notice of pub- lic hearing. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26975. 78446 —Moved by Burton, seconded by Penaluna that request of Walter L. Markham for permission to construct a temporary concrete driveway at 217 Lambeth Road 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 Walter L. Markham and authorizing construction of a temporary concrete driveway at 217 Lambeth Road, ir- respective of a later official grade", adopted. Ayes: Seven. Resolut- ion adopted and upon approval by the Mayor, assigned No. 26976. 78447 - Moved by Roehr, seconded by Wilharm that request of Richard Schroeder for permission to construct a temporary concrete driveway at 615 Cedar Bend Street without regard to sidewalk grade, together with $3.00 for recording waiver, and City Engineer's recommendation for approval sub- ject to the provisions of his letter, be received, placed on file, ap- proved and "Resolution granting permission to Richard Schroeder aid authorizing construction of a temporary concrete driveway at 615 Cedar Bend Street, irrespective of a later official grade", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26977. 78448 - Moved by Roehr, seconded by Burton that request of Wendell E. Lockard for permission to construct a temporary concrete driveway at 1616 Uni- versity 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 Wendell E. Lockard and authorizing construction of a temporary concrete driveway at 1616 Uni- versity Avenue, irrespective of a later official grade", be delayed for one week. Motion carried. 78449 - Questions were raised as to the points of public access to the Cedar River and whether this access was adequate. Don Temeyer stated that the Park Department expressed no need in retaining this right-of-way for public access. Moved by Wilharm, seconded by Getty that request of Joyce M. Goss and Paul L. & Donna M. Hamilton for vacation, sale and conveyance of a portion of Poplar Street described as all that part of Poplar Street located west of the westerly right of way line of Riverside Drive, Cedar River Park with sale aril conveyance to Joyce M. Goss generally the northeasterly portion that part of Poplar Street described above for $149.40 plus costs, and to Paul L. & Donna M. Hamilton generally the southwesterly portion of Poplar Street described above for $435.00 plus costs and Plan and Program Commission's recommendation for approv- al be received, placed on file and "Resolution fixing the time and place of hearing as June 2, 1980 in City Hall Council Chambers on proposal to vacate, sell and convey a portion of Poplar Street", adopted and Clerk instructed to publish notice of hearing. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26978. 78450 - Moved by Bowers, seconded by Burton that Finance Director's Statement for April 30, 1980 showing fund balance April 1, 1980 $15,103,421.35 4 Receipts - $5,046,811.34 - Bill Payments $926,180.01 - Payrolls $842, 426.73 - Transfers $527,290.04 - Commissions $286,077.07, Fund Balance April 30, 1980, $17,568,258.84 be received, placed on file and approved. Motion carried. 78451 - Moved by Burton, seconded by Penaluna that Preliminary Plat of Mike's Addition with need of Dedication, Report of City Engineer, Report of Brice, Petrides & Associates, Plan and Program Commission's resolution of approval and its recommendation for Council approval, be received, placed on file and "Resolution approving the preliminary Plat of Mike's Addition, Waterloo, Black Hawk County, Iowa", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26979. 78452 - Moved by Bowers, seconded by Roehr that Final Plat of John's Addition with Deed of Dedication, Report of City Engineer, Engineer's Certificate of Survey, Petition and Waivers, Plan and Program Commission's resolut- ion of approval and its- recommendation for Council approval, be received, placed on file and "Resolution approving the Final Plat :of John's Addit- ion, Waterloo, Black Hawk County, Iowa", be adopted. Ayes: Seven. Reso- lution adopted and upon approval by Mayor, 'assigned No. 26980. _..May 12, 1980 78453 - Moved by Roehr, seconded by Bowers that communication from Plan and Program Commission transmitting a Site Plan for an addition to RC Realtors located at 346 East Ridgeway Avenue, a "S-1" Shopping Center District and recommendation of approval, and on Council's own motion, be received, placed on file, and "Resolution setting date of public hear- ing as June 2, 1980 at 7:00 P.M. in City Hall Council Chambers", be adopt- ed and City Clerk instructed to publish notice. Ayes: Seven. Resolut- ion adopted and upon approval by Mayor, assigned No. 26981. 78454 - Moved by Penaluna, seconded by Wilharm that Change Order No. 1 for Sections 1 & 2, Change Order No. 2 for Section 2, Change Order No. 1, Section 4 for work performed in the UDAG Project Improvements, Phase 1, Contract No. 175 for increase of $1,115.00 and decrease of $1.00 for each truck load of asphalt pavement removed together with the Community Development's recommendation for approval be received, placed on file, approved and Mayor and City Clerk authorized to execute same. Motion carried. 78455 - Moved by Burton, seconded by Dowie that "A Resolution authorizing the sale of Industrial Revenue Bonds, Series 1980 for Hellman Design Asso- ciates Project", be adopted. Ayes: Seven. Resolution adopted and up- on approval by Mayor, assigned No. 26982. 78456 - Moved by Roehr, seconded by Bowers that "Resolution authorizing the sale and conveyance to Donald and Alice Cox that part of Ralph Road described as: The westerly twenty (20) feet of the south one hundred eighty (180) feet of Ralph Road described as that part of Ralph Road lying north of the westerly extension of the south lot line of Lot Nineteen (19) Lobdell's Second Addition and south of the westerly ex- tension of the north lot line of Lot Twenty (20) Lobdell's Second Addi- tion located in Waterloo, Iowa, and sale and conveyance to Mr. and Mrs. Jeff Hamlett that part of Ralph Road described as: The easterly ten (10) feet of the south one hundred eighty (180) feet of Ralph Road described as that part of Ralph Road lying north of the westerly extension of the south lot' line of Lot Nineteen (19) Lobdell's Second Addition and south of the westerly extension of the north lot line of Lot .Twenty (20) Lob - dell's Second' Addition located in Waterloo, Iowa, be adopted. Ayes: Seven. Resolution_ad opted and upon approval by Mayor,assigned No. 26983. 78457 - Moved by Penaluna, seconded by Bowers that "An Ordinance amending Ord- inance No. 2479, as amended, City Zoning Ordinance of the City of Water- loo, (Site plan Fee Increase) by adding Part XXVII-A, and Fees, be re- ceived, placed on file and considered for the second time. Ayes: Seven. Motion carried. 78458 - Moved by Wilharm, seconded .by Burton that an Ordinance regulating noise from motor vehicles in the City of Waterloo, be received, action delayed for one week, and Police Sergeant Shafer asked to come to Council Meet- ing of May 19, 1980. Motion carried. 78459 - Moved by Roehr, seconded by Dowie that Pay Estimate No. 1 for work per- formed and materials furnished by Cedar Valley Corporation, on the F.Y. 1980 Paving Program No. 1, Contract No. 176 in the amount of $18,279.99 and City Engineer's recommendation for approval, be received, placed on file, and "Resolution approving and accepting Pay Estimate No. 1, dated April 30, 1980 from Cedar Valley Corporation for work completed on the F.Y. 1980 Paving Program No. 1, Contract No. 176, and authorizing pay- ment accordingly", adopted. Ayes: Seven. Resolution adopted and up- on approval by Mayor, assigned No. 26984. 78460 - Moved by Burton, seconded by Dowie that Pay Estimate No. 1 for work com- pleted by the Cedar Falls Construction Company, Inc., on the UDAG Pro- ject Public Improvements, Phase I, Contract No. 175, in the amount of $28,398.13 and Community Development's recommendation for approval, be received, placed on file, approved and`"Resolution approving and accept- ing Pay Estimate No. 1 dated April 30, 1980 from Cedar Falls Construct- ion Company, Inc., for work completed on the UDAG Project Public Improve- ments,`Phase I, Section I, Contract No. 175 and authorizing payment ac- cordingly", -- adopted'. Ayes: Seven. Resolution adopted and upon approv- al by Mayor, assigned' No. 26985. May 12, 1980 78461 - Moved by Bowers, seconded by Burton that Pay Estimate No. 1 for work completed by Cedar Falls Construction Company, Inc., on the UDAG Pro- ject Public Improvements, Phase I, Section 2, Contract No. 175 in the amount of $34,343.77 and Community Development's recommendation for approval be received, placed on file, approved and "Resolution approv- ing and accepting Pay Estimate No. 1 dated April 30, 1980 from Cedar Falls Construction Company, Inc., for work completed on the UDAG Pro- ject Public Improvements, Phase I, Section 2, Contract No. 175 and auth- orizing payment accordingly", adopted. Ayes: Seven. Resolution ad- opted and upon approval by Mayor, assigned No. 26986. 78462 - Moved by Penaluna, seconded by Getty that Pay Estimate No. 2 for work completed by See Electric, Inc., on the UDAG Project Public Improve- ments, Phase I, Section 3, Contract No. 175 in the amount of $7,503.44 and Community Development's recommendation for approval be received, placed on file, approved and "Resolution approving and accepting Pay Estimate No. 2 dated May 2, 1980 from See Electric, Inc., for work completed on the UDAG Project Public Improvements, Phase I, Section 3, Contract No. 175 and authorizing payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26987. 78463 - Moved by Burton, seconded by Bowers that Pay Estimate No. 2 for work completed by See Electric, Inc., on the UDAG Project Public Improve- ments, Phase I, Section 4, Contract No. 175 in the amount of $9,193.59 and Community Development's recommendation for approval be received, placed on file, approved and "Resolution approving and accepting Pay Estimate No. 2 dated May 2, 1980 from See Electric, Inc., for work completed on the UDAG Project Public Improvements, Phase I, Section 4, Contract No. 175 and authorizing payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26988. 78464 - Moved by Dowie, seconded by Penaluna that Pay Estimate No. 7 for work completed by Peterson Contractors, Inc.,"on the Dry Run Creek Flood Control Works, Contract No. 99C in the amount of $25,529.70 and City Engineer's recommendation for approval, be received, placed on file, approved and "Resolution approving and accepting Pay Estimate No. 7 dated April 30, 1980 from Peterson Contractors, Inc., for work com- pleted on the Dry Run Creek Flood Control Works, Contract No. 99C and authorizing payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26989. 78465 - Moved by Burton, seconded by Dowie that Pay Estimate No. 2 for work completed by Peterson Contractors, Inc., on the Liberty Park Improve- ments, Contract No. 99A in the amount of $98,833.23 and City Engineer's recommendation for approval, be received, placed on file, approved and "Resolution approving and accepting Pay Estimate No. 2 dated May 1, 1980 from Peterson Contractors, Inc., for work completed on the Liberty Park Improvements, Contract No. 99A and authorizing payment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26990. 78466 - Moved by Roehr, seconded by Bowers that statement for services rendered by Soil Exploration Company for Shaulis Road Grading and Paving Project M-6470(2)--81-07, Contract No. 201 in the amount of $400.00, and Depart- ment of Engineer's recommendation for approval, be received, placed on file, and "Resolution approving and accepting the statement dated April 21, 1980 from Soil Exploration Company, for Shaulis Road Grading and Paving Project M-6470(2)--81-07, Contract No. 201, and authorizing pay- ment accordingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26991. 78467 - Moved by Dowie, seconded by be received, placed on file. approval by Mayor, assigned 78468 - Moved by Dowie, seconded by be received, placed on file approval by Mayor, assigned May 12, 1980 Roehr that "Resolution, Bills, Schedule AY, Ayes: Seven. Resolution adopted and upon No. 26992. Roehr that "Resolution, Bills, Schedule B", . Ayes: Seven. Resolution adopted and upon No. 26993. 78469 - Moved by Wilharm, seconded by Burton that communication from the City Engineer, transmitting completion report and recommendation for accept- ance, be received, placed on file and "Resolution approving the com- pletion report and recommendation for acceptance for work and materials furnished by Dale J. Clark Contracting Company for F.Y. 1980 Sanitary Sewer Program, Contract No. 193 and authorizing payment in full accord- ingly", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26994. 78470 - Moved by Burton, seconded by Bowers that communication from Fire Chief reporting retirement bf Maynard J. Ellison effective May 5, 1980 and entitlement of 156 days of accumulated sick time be received, placed on file and "Resolution approving payment of $6,068.64 sick leave pay to Maynard J. Ellison, Waterloo Fire Department", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 26995. 78471 - Moved by Wilharm, seconded by Getty that following requests for permiss- ion to attend functions, with expenses allowed not to exceed amounts shown, be received, placed on file and approved: Sergeant and Patrolman, 5th to Bomb and Explosive Seminar, Camp Dodge, Johnston, Iowa, on May 12-16, 1980 plus use of city vehicle -- $54.00 One Commissioner and two Staff members of the Plan and Program Commiss- ion to the Iowa Chapter of the American Planning Association State Plann- ing Conference, Cedar Rapids, Iowa, on May 22-23, 1980 -- $264.00 Administrator, Flood Control and Community Development, Water Resources Congress Board of Director's Meeting, Washington, D.C., on June 9 & 10, 1980 -- $495.00 Ayes: Seven. Motion carried. 78472 - Moved by Wilharm, seconded by Roehr that following applications for Beer Permits and Beer Liquor Licenses, be received, placed on file, ap- proved, and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer Liquor Licenses Applications Class A E1 Mecca Shrine Club, Inc., 716 Commercial Street Class C Stable Lounge, 2022 Bopp Beer Permit Applications Class B Godfather's Pizza, 1946 Schukei Road Sunday'Sales - Beer and Liquor Applications Class A El Mecca Shrine Club, 716 Commercial Street Sunday Sales - Beer Permit Applications Class B Godfather's Pizza, 1946 Schukei Road Motion carried. 78473 - Moved by Bowers, seconded by Penaluna that the following applications for a Taxi Cab License be received, placed on file, and granted: Yellow Cab Co-op, 117 East llth Street Motion carried. 78474 - Moved by Penaluna, seconded by Getty that the following applications for permission to drive a motor vehicle for the purpose of carrying passengers be received, placed on file, and granted: Connie L. Schwarting, 1319 West 6th Street, Cedar Falls Motion carried. 78475 - Moved by Roehr, seconded by Penaluna that the following applications for Automobile Salvage Yard be received, placed on file, and granted: May 12, 1980 78475 - (continued) J & L Auto Salvage Yard, 2905 Mitchell J & L Auto Salvage Yard, 1003 Winona Street B & L Auto Salvage, 953 Fulton Motion carried. 78476 - Moved by Burton, seconded by Dowie that an application for the follow- ing Junk Dealer License, be received, placed on file and adopted: Weissman Iron & Metal, Inc., 700 Falls Avenue Howard Tournier, 900 Fulton Midwest Iron & Metal, 2724 Lafayette Motion carried. 78477 - Moved by Bowers, seconded by Burton that an application for the follow- ing Fireworks License, be received, placed on file and adopted: Friends of the Center, Motion carried. 225 Cedar Street 78478 - Moved by Burton, seconded by Bowers that the following applications for Scavenger License be received, placed on file, and granted: Crown Sewer Service, P. 0. Box 523, Waterloo, Iowa Sanitary Septic Service, 515 Grant Street, Cedar Falls Aten Services, Inc., 515 Trail Avenue, Evansdale A-1 Toilet Rental, 515 Trail Avenue, Evansdale Motion carried. 78479 - Moved by Bowers, seconded by Penaluna that list of bonds filed with Clerk through May ed on file and report and bonds approved. 78480 - Moved by Penaluna, seconded by Roehr that carried. report of City Attorney and 12, 1980, be received, plac- Motion carried. the Council adjourn. Motion Larry P. Burger City Clerk.