HomeMy WebLinkAbout05/17/82• Aft
May 17, 1982
The Council of the City of Waterloo, Iowa, met in Regular Session at
City Hall Chambers, Waterloo, Iowa at 7 P.M. on May 17, 1982. Mayor
Rooff in the Chair. On Roll Call: Present: Burton, Bowers, Getty,
Penaluna, Roehr and Wilharm. Absent: Dowie. Invocation was by
Getty.
82378 - Moved by Roehr, seconded by Wilharm
that the Agenda, as amended, for the Regular Session of May 17, 1982 at
7 P.M. be accepted and approved. Motion carried.
82379 - Moved by Burton, seconded by Wilharm
that the minutes of the Regular Session held May 10, 1982 at 7 P.M. be
approved. Motion carried.
Evan "Curley" Hultman, City Attorney in the City of Waterloo, thanked
its staff and citizens for the opportunity to serve them forty months as
their legal counsel.
Mayor Rooff thanked him for his work and congratulated him on his
appointment to the position of U.S. Attorney for the Northern District
of Iowa.
HEARINGS AND BIDS
82380 - Moved by Roehr, seconded by Wilharm
that proof of publication of notice of public hearing on construction of
new -exterior fountain, plaza and parking at the existing Recreation and
Arts Center as published in the Waterloo Courier on April 30, 1982, be
received and placed on file.
Motion carried.
82381 - HOLD HEARING-- This being the time and place of hearing, the Mayor
called for oral and written objections and there were none.
Dean Myhr, Director of the Waterloo Recreation and Arts Center, briefly
described the site improvements included in the specifications.
Moved by Getty, seconded by Burton
that "Resolution confirming the approval of plans, specifications, etc.
for the construction of the Rath Fountain and Shirey Plaza", be adopted.
Ayes: Six. Absent: Dowie..
Resolution adopted and upon approval by Mayor, assigned No. 1982-184.
182382 - Moved by Burton, seconded by Bowers
that "Resolution ordering construction of the Rath Fountain and Shirey
Plaza", be adopted. Ayes: Six. Absent: Dowie.
Resolution adopted and upon approval by Mayor, assigned No. 1982-185.
;82383 - Moved by Bowers, seconded by Burton
that proof of publication of notice to contractors for invitation for
bid on Rath Fountain and Shirey Plaza as published in the Waterloo
Courier on April 30, 1982 be received and placed on file.
Motion carried.
182384 - Moved by Wilharm, seconded by Getty
to receive and file bids and Clerk be instructed to open and read bids
and said bids referred to Recreation Center for review and
recommendation in one (1) week. Motion carried.
May 17, 1982
Page 2
BIDDER
BID BOND
BASE BID
ALT. 1
ALT. 2
ALT. 3
Cardinal Const.
5 percent
$243,125.00
$1,175.00
$4,200.00
$55,900.00
Don Gardner
5 percent
271,137.00
1,523.00
5,012.00
57,753.00
Youngblut Const.
5 percent
258,200.00
1,668.00
8,828.00
60,884.00
Motion carried.
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82385 - Moved by Penaluna, seconded by Roehr
that proof of publication of notice of public hearing on proposed
amendments to Ordinance No. 2479, as amended, Zoning Ordinance relating
to Exceptions and Modifications Section dealing with radio and
television studios, towers and transmitting facilities, as published in
the Waterloo Courier on May 3, 1982, be received and placed on file.
Motion carried.
82386 - Moved by Bowers, seconded by Burton
that Zoning Commission's recommedation of approval be received and
placed on file.
Motion carried.,
82387 - 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 Wilharm
that an "Ordinance amending Ordinance No. 2479, as amended, known as
the Zoning Ordinance, relating to the Exceptions and Modifications
Section relating to radios and television studios, towers and
transmitting facilities", be received, placed on file, considered and
passed for the first time. Ayes: Six. Absent: Dowie.
82388 - Moved by Roehr, seconded by Bowers
that proof of publication of notice of public hearing on proposed
amendments to Ordinance No. 2479, as amended, Zoning Ordinance relating
to rear yard requirements in Industrial Districts as published in the
Waterloo Courier on May 3, 1982, be received and placed on file.
Motion carried.
82389 - Moved by Burton, seconded by Bowers
that Zoning Commission;s recommendation of approval be received and
placed on file.
Motion carried.
82390 - HOLD HEARING --This being the time and place of hearing, the Mayor
called for written and oral objections and there were none.
Moved by Getty, seconded by Wilharm
that an "Ordinance amending Ordinance No. 2479, as amended, known as
the Zoning Ordinance, relating to rear yard requirements in Industrial
Districts", be received, placed on file, considered and passed for the
first time. Ayes: Six. Absent: Dowie.
Motion carried.
May 17, 1982
Page 3
82391 - A resident reported that a serious sight distance problem exists at the
intersection of Conger and Logan due to the growth of weeds and bushes.
Moved by Getty, seconded by Wilharm
to refer the above matter to the Police Department for review and
recommendation.
Motion carried.
PETITIONS FROM PUBLIC
.82392 - Moved by Wilharm, seconded by Roehr
that request of Larry Krienert, 125 Sidehill Drive and Lynn S. Landau, 187
Sidehill Drive for permission to construct temporary asphalt driveways,
without regard to sidewalk grade, together with $3 each for recording
waiver and City Engineer's recommendation of approval subject to the
provisions of his letter, be received, placed on file, approved and
"Resolution granting permission to Larry Krienert, 125 Sidehill Drive and
Lynn S. Landau, 187 Sidehill Drive, authorizing construction of temporary
asphalt driveways irrespective of a later official grade", be adopted.
Ayes: Six. Absent: Dowie.
Resolution adopted and upon approval by Mayor, assigned No. 1982-186 and
1982-187, respectively.
82393 - Moved by Roehr, seconded by Bowers
that communication from plan and Program Director transmitting request
of Isadore Nadler to Purchase a parcel of property generally located
along South Barclay and South Glenwood Street, be received, placed on
file and "Resolution setting date of hearing as June 7, 1982 at 7 p.m
in the City Hall Council Chambers on proposal to sell property in
Auditor Rainbow's Plat of Cooley's Subdivision", be adopted, with a
minimum bid established as $500 and instruct Clerk/Auditor to publish
notice of hearing accordingly. Ayes: Six. Absent: Dowie.
Resolution adopted and upon approval by Mayor, assigned No. 1982-188.
82394 - Moved by Wilharm, seconded by Getty
that communication from City Engineer transmitting recommendation on
acceptance of low bid of Lehman Trucking and Excavating, Inc. in the
amount of $13,520.96 for the F.Y. 1983 David Street Sanitary Sewer
Improvements, Contract No. 236, be received, placed on file, approved
and "Resolution awarding F.Y. 1983 David Street Sanitary Sewer
Improvements, Contract No. 236 to Lehman Trucking and Excavating, Inc.
in the amount of $13,520.96 be adopted. Ayes: Six. Absent: Dowie.
Resolution adopted and upon approval by Mayor, assigned No. 1982-189.
82395 - Moved by Getty, seconded by Burton
that communication from the City Engineer transmitting recommendation
on acceptance of low bid of Lehman Trucking and Excavating, Inc. in the
amount of $271,423.50 for F.Y. 1982 Lowder Road Sanitary Sewer,
Contract No. 180 be received, placed on file, approved, and "Resolution
awarding F.Y. 1982 Lowder Road Sanitary Sewer, Contract No. 180 to
Lehman Trucking and Excavating, Inc. in the amount of $271,423.50", be
adopted. Ayes: Six. Absent: Dowie.
Resolution adopted and upon approval by Mayor, assigned No. 1982-190.
May 17, 1982 Page 4
REPORTS
82396 - Moved by Burton, seconded by Bowers
that minutes of Community Development Board meeting of April 6, 1982 be
received and placed on file.
Motion carried.
82397 - Moved by Wilharm, seconded by Roehr
that communication from Police Chief transmitting recommendation to retire
police dog "Moe" and allow dog's trainer, Officer Larry Thompson, to retain
dog as pet and to keep the 12 foot by 5 foot kennel, be received, placed on
file approved. Officer Larry Thompson was thanked for his efforts. Motion
carried.
82398 - Moved by Wilharm, seconded by Roehr
that the Chief of Police be instructed to investigate whether the Police
Dog Program should be continued.
Motion carried.
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82399 - Moved by Penaluna, seconded by Roehr
that communication from City Engineer transmitting engineering contract
with Brice, Petrides and Associates, Inc. for F.Y. 1982 Sans Souci Island
By -Pass Channel Wing Dam, Contract No. 237, together with recommendation of
approval be received, placed on file, approved and "Resolution approving
engineering contract with Brice, Petrides and Associates, Inc for the F.Y.
1982 Sans Souci Island By -Pass Channel Wing Dam, Contract No. 237", be
adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes:
Six. Abesent: Dowie.
Resolution adopted and upon approval by Mayor, assigned No. 1982-191.
RESOLUTIONS TO BE ADOPTED
82400 - Moved by Roehr, seconded by Getty
that "Resolution setting date of hearing as May 24, 1982 at 7 p.m. in the
City Hall Council Chambers for the adoption of the amended budget for the
City of Waterloo for Fiscal Year 1982", be adopted and Clerk/Auditor
instructed to publish notice accordingly. Ayes: Six. Absent: Dowie.
Resolution adopted and upon approval by Mayor, assigned No. 1982-192.
82401 - Moved by Wilharm, seconded by Bowers
that "Resolution authorizing establishment of a yearly license fee of $15
for burglar alarm business licenses (See Ordinance No. 3199 relating
Section III, (bl)", be adopted with recommendation that a letter be sent to
the companies to be covered by said licensing procedures. Ayes: Six.
Absent: Dowie.
Resolution adopted and upon approval by Mayor, assigned No. 1982-193.
82402 - Clerk/Auditor Larry Burger reported that due to the two (2) year trial
program of issuing citations for violation of the weed ordinance, the
ordinance would be changed at the end of the trial period to reflect the
current weed cutting process.
Y
May 17, 1982
82402 Continued:
Page 5
that "Resolution instructing Clerk Not to publish the notice to property
owners notifying them to cut or destroy weeds, vines, or bushes as required
by Chapter 35 (Vegetation) Article II Weeds, Section 35-13 of the Waterloo
Code of Ordinances", be adopted. Ayes: Six. Absent: Dowie.
Resolution adopted and upon approval by Mayor, assigned No. 1982-194.
ORDINANCES TO BE ADOPTED
82403 - A proposed ordinance regarding bus stop benches was brought to the floor
for discussion. Due to the subject matter and its likelihood for impending
litigation, it was moved by Penaluna, seconded by Wilharm
that the Council meet in Executive Session.
this reasoning). Motion carried.
82404 - Moved by Roehr, seconded by Burton
(The Attorney concurred with
that the Council meet out of Executive Session.
Motion carried. EXECUTIVE SESSION.
Bob Braun, Legal Counsel for Professional Services of Iowa, Inc., stated
that he and Mr. Terry Chesmore would be more than willing to work with the
City in drafting an ordinance.
82405 - Moved by Getty, seconded by Burton
that an "Ordinance amending the Code of Ordinances of the City of
Waterloo, Iowa by adding Subsections 33-54.1 through 33-54.13, all
regarding bus stop benches, under Chapter 33, streets sidewalks; Article
IV, sidewalks; Section 33-54, bus stop benches: Placement authorized,
removal, maintenance", be received, placed on file and action delayed one
(1) week. Ayes: Six. Absent: Dowie.
Motion carried.
82406 - Discussion arose regarding the waiving of the permit for the non-profit
organizations when obtaining a permit fee for a haunted house.
Moved by Roehr, seconded by Penaluna
that a policy be established authorizing the Mayor
waive a permit fee for a non-profit organization.
Roehr. Nays: Burton, Bowers, Wilharm. Absent:
Motion not carried.
82407 - Moved by Wilharm, seconded by Bowers
or Clerk/Auditor to
Ayes: Getty, Penaluna,
Dowie.
that the waiver of permit fees for non-profit organizations be made a
part of the ordinance and that an "Ordinance regarding regulations to
provide minimum guidelines to safeguard the life, limb, health,
property and public safety as regards spook houses or other types of
comparable inside entertainment as designated by the City Fire Marshall
or Building official", be received, placed on file and passed for the
first time. Ayes: Bowers, Getty, Roehr, Wilharm. Nays: Burton,
Penaluna. Absent: Dowie.
Motion carried.
NEW BUSINESS
82408 - Moved by Burton, seconded by Bowers
that the Code or Standards of Conduct for employees of the Community
Development Board be received, placed on file and approved.
Motion carried.
May 17, 1982 Page 6
82409 - Moved by Roehr, seconded by Burton
that City Engineer be instructed and authorized to prepare plats,
schedule of assessments, estimated costs, etc. for the F.Y. 1983 oiling
Program, Contract No. 235.
Motion carried.
82410 - Moved by Burton, seconded by Bowers
that the City Engineer's proposed plat, schedule of assessments,
estimate of cost, etc. for F.Y. 1983 Oiling Program, Contract No. 235,
be received, placed on file and "Resolution adopting proposed plat and
schedule, estimate of cost, etc. for F.Y. 1983 Oiling Program, Contract
No. 235", be adopted. Ayes: Six. Absent: Dowie.
Resolution adopted and upon approval by -Mayor, assigned No. 1982-195.
82411 - Moved by Burton, seconded by Getty
that "(Proposed) Resolution of Necessity for the F.Y. 1983 Oiling
Program, Contract No. 235", be adopted and Clerk/Auditor instructed to
publish notice of hearing as June 7, 1982 at 7 p.m. in the City Call
Council Chambers. Ayes: Six. Absent: Dowie.
Resolution adopted and upon approval by Mayor, assigned No. 1982-196.
82412 - Moved by Burton, seconded by Bowers
that communication from Manager of Conway Civic Center/McElroy
Auditorium, reporting termination of Elsie Christensen effective May
14, 1982 and entitlement of three days vacation pay and three hours
compensatory time, be received, placed on file and "Resolution
approving payment of $151.20 vacation and compensatory time to Elsie
Christensen, Conway Civic Center/McEloy Auditorium", be adopted. Ayes:
Six. Absent: Dowie.
Resolution adopted and upon approval by Mayor, assigned No. 1982-197.
82413 - Moved by Wilhar, seconded by Roehr
that communication from Police Chief recommending suspension of the
Class C Beer and Liquor License Permit of J.H.M., Inc. dba Barleycorn
Lounge, 2421 Falls Avenue, for a period of 14 days as permitted by
Chapter 123.50, Subsection 3, of the Code of Iowa, due to violation of
Chapter 123.4 2h, of the Code of Iowa, be received, placed on file and
recommendation approved with suspension date beginning July 1, 1982.
Motion carried.
82414 - Moved by Wilharm
that the following requests to attend functions be approved:
Animal Control Officer to attend Animal Welfare Seminar, East
Peoria, Illinois, May 22, 1982--$209.
Community Development Administrator to attend Water Resources
Congress Flood Control Legislative Conference, Washington, D.C.,
June 7-9, 1982--$819.
Division Chief and Fire Equipment Operator to attend Maintenance
School, St. Joseph, Missouri, May 26-27, 1982 --not to exceed $100
plus use of City vehicle.
Personnel Director to attend International personnel Association
Regional Conference on Civil Service and Collective Bargaining,
Des Moines, Iowa, May 17-18, 1982 --not to exceed $75 plus use of
City vehicle.
y
May 17, 1982
82414 Continued
Page 7
--
Human Rights Director to attend International Association of
Official Human Rights agencies, Halifax, Nova Scotia, July 11-17,
1982--$1,500.
82415 - Moved by Getty, seconded by Wilharm
that C.R. 82412 be amended to read that the following requests for
permission to attend functions, with expenses allowed not to exceed
amount shown, be received, placed on file and approved:
Animal Control Officer to attend Animal Welfare Seminar, East
Peoria, Illinois, May 22, 1982--$209.
Community Development Administrator to attend Water Resources
Congress Flood Control Legislative Conference, Washington, DC,
June 7-9, 1982--$819.
Division Chief and Fire Equipment Operator to attend Maintenance
School, St. Joseph, Missouri, May 26-27, 1982 --not to exceed $100
plus use of City vehicle.
Personnel Director to attend International Personnel Association
Regional Conference on Civil Service and Collective Bargaining,
Des Moines, Iowa, May 17-18, 1982 --not to exceed $75 plus use of
City vehicle.
Motion carried.
82416 - Moved by Getty, seconded by Roehr
that the following request for permission to attend functions, with
expenses allowed not to exceed amount shown, be received, placed on
file and denied:
Human Rights Director to attend International Association of Official
Human Rights Agencies, Halifax, Nova Scotia, July 11-17, 1982--$1,500.
Ayes: Getty. Nays: Five. Absent: Dowie.
Motion not carried.
82417 - Moved by Bowers, seconded by Burton
that the Human Rights Director to attend International Association of
Official Human Rights Agencies, Halifax, Nova Scotia, July 11-17,
1982--$1,500, be delayed one (1) week for the attorney's check on the
legality of travel outside this country.
Motion carried.
MISCELLANEOUS
82418 - Moved by Wilharm, seconded by Roehr
that the following applications for Beer Liquor Licenses, be received,
placed on file, approved and endorsed applications forwarded to the
Iowa Beer and Liquor Control Department:
Beer and Liquor License Permit Applications
Class C
Louis Holmes dba City View Market, 2324 Idaho (Renewal) Expires May
14, 1983.
Howard C. Wilcox dba Wilcox Food Fair, 229 Sunnyside (Renewal) Expires
June 13, 1983.
Kwik Shop, Inc. dba Kwik Shop #521, 352 Fletcher (Renewal) Expires
July 12, 1983.
May 17, 1 982
82418 Continued
Page 8
Beer Permit License Application -Sunday Sales
(,`lass C
Kwi Shop, Inc. dba Kwik Shop #521, 352 Fletcher (Renewal) Expires July
12, 1983.
Louis Holmes dba City View Market, 2324 Idaho (Renewal) Expires May 14,
1983.
Beer and Liquor Permit License Applications
Class A
Amvets Home, Inc. dba Amvets Homes, Inc., 32 Lafayette (Renewal)
Expires July 12, 1983).
Class C
T.M.Y.—of Waterloo, Inc. dba Barleycorn Lounge, 2421 Falls Avenue
(Renewal) Expires May 22, 1983.
Motion carried.
82419 - Moved by Bowers, seconded by Burton
that the following applications for fireworks display on July 4, 1982
be received, placed on file and approved:
Sunnyside Country Club
1600 Olympic Drive
Motion carried.
82420 - Moved by Burton, seconded by Bowers
that the following applications for dance licenses be received, placed
on file and approved:
L and M Tap Driftwood Lounge
1607 Sycamore 708 Jefferson
Motion carried.
82421 - Moved by Getty, seconded by Penaluna
that the following request for permission for a scavenger license be
received, placed on file and approved:
Virgil Willard
Crown Sewer Services
Motion carried.
82422 - Moved by Roehr, seconded by Burton
that the following application for Ambulance Driver Attendant be
received, placed on file and approved:
Ken Saunders
1716 Baltimore Street
Motion carried.
BONDS
82423 - Moved by Burton, seconded by Bowers
that report of City Attorney and list of bonds filed with Clerk through
May 17, 1982, be received, placed on file and report and bonds
approved.
Motion carried.
.j
May 17, 1982 Page 9
82424 - Moved by Wilharm, seconded by Burton
that the Council meet in Executive Session to discuss purchase price of
property in conjunction with the Hackett Road By -Pass Project. Ayes:
Six. Absent: Dowie.
Motion carried. Executive Session.
82425 - Moved by Roehr, seconded by Getty
that the Council adjourn the Executive Session.
Motion carried.
82426 - Moved by Getty, seconded by Burton
that the Council adjourn.
Motion carried.
Larry P. Burger
Clerk/Auditor