HomeMy WebLinkAbout04/26/82April 26, 1982
The Council of the City of Waterloo, Iowa; met in Regular Session at City Hall Council
Chambers, Waterloo, Iowa at 7:00 P.M., on April 26, 1982. Mayor Rooff in the Chair. On Roll
Call: Present: Getty, Penaluna, Roehr, Bowers, Burton. Absent: Dowie, Wilharm. Invocation
by Councilman Getty.
82221 - Moved by Roehr, seconded by Bowers
that the Agenda, as proposed, for the Regular Session of April 26, 1982, at 7:00 P.M.,
be accepted and approved. Motion carried.
82222 - Moved by Burton, seconded by Bowers
that the minutes of the Regular Session held April 19, 1982 at 7:00 P.M. be approved.
Motion carried.
HEARINGS & BIDS
82223 - Moved by Bowers, seconded by Burton
i
that proof of publication of notice of public hearing on proposed plans,
specifications, form of contract, estimate of costs, etc., for the construction of the
F.Y. 1982 N.H.S. Oneida Street Paving Program No. 2, Contract No. 231 as published in
the Waterloo Courier on April 9, 1982 be received and placed on file. Motion carried.
82224 - 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 Roehr, seconded by Bowers
that "resolution confirming the approval of plans, specifications, etc., for the
construction of F.Y. 1982 N.H.S. Oneida Street Paving Program No. 2, Contract No. 231",
be adopted. Ayes: Five. Ab
P Y sent: Dowse, Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1982-136.
82225 - Moved by Bowers, seconded by Getty
i
that "resolution ordering construction of F.Y. 1982 N.H.S. Oneida Street Paving Program
No. 2, Contract No. 231", be adopted. Ayes: Five. Absent: Dowie, Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1982-137.
`82226 - Moved by Bowers, seconded by Getty
that the following bids be received, placed on file, Clerk instructed to open and read
i same and bids referred to Engineer's for checking and report back in one (1) week:
BIDDER BASE BID ALT. 1 BID BOND
i
1) Cedar Falls Construction $140,220.08 $1,619.10 5%
2) Gene Bond Plumbing & Heating 135,035.74 39662.25 5%
3) Cedar Valley 133,177.21 2,043.15 5%
4) Denman Phillips Construction 140,019.30 2,120.25 5%
'! 5) Dale Clark Contracting 166,009.70 59666.85 5%
t
Motion carried.
82227 - Moved by Roehr, seconded by Burton
that proof of publication of notice of Special Assessment Bond Sale of $51,000 Street
Improvement Bonds for the F.Y. 1981 Paving Program, Contract No. 213 as published in
the Waterloo Courier on April 7 and 14, 1982 be received and placed on file. Motion
carried.
April 26, 1982
HEARINGS & BIDS - CONTINUED
82228 - Moved by Burton, seconded by Bowers
Page Two
that the following sealed bids be received, placed on file but NOT OPENED:
BIDDER
Shaw, McDermott & Co., Des Moines, Iowa
Motion carried.
82229 - HOLD HEARING - The Mayor announced that this was the time and place for the receiving
of open bids and there were none.
Moved by Bowers, seconded by Burton
that the following sealed bids be opened and referred for checking and report back:
(See C.R.#82250 for recommendation)
BIDDER
Shaw, McDermott & Co.
Motion carried.
HEARINGS
82230 - Moved by Roehr, seconded by Getty
NET INTEREST RATE
12.0%
that proof of publication of notice of public hearing to vacate portion of relocated
Cedar Street as published in the Waterloo Courier on April 9, 1982 be received and
placed on file. Motion carried.
I1 82231 Moved by Roehr, seconded by Bowers
to receive and place on file Plan and Program Commission's recommendation of approval.
Motion carried.
82232 - 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 Burton
that "an ordinance vacating a portion of relocated Cedar Street", be received, placed
on file and passed for the first time. Ayes: Five. Absent: Dowie, Wilharm. Motion
carried.
11 82233 Moved by Penaluna, seconded by Roehr
that proof of publication of notice of public hearing to vacate portion of 80 foot
right-of-way of W. 2nd Street located northeasterly of relocated Cedar Street and
extends to the Cedar River as published in the Waterloo Courier on April 9, 1982 be
received and placed on file. Motion carried.
82234 - Moved by Burton, seconded by Bowers
to receive and place on file Plan and Program Commission's recommendation of approval.
Motion carried.
82235 - 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 Getty, seconded by Roehr
that "an ordinance vacating a portion of 80 foot right-of-way of W. 2nd Street located
northeasterly of relocated Cedar Street and extends to the Cedar River", be received,
placed on file and passed for the first time. Ayes: Five. Absent: Dowie, Wilharm.
Motion carried.
April 26, 1982
HEARINGS - CONTINUED
82236 - Moved by Bowers, seconded by Penaluna
Page Three
that proof of publication of notice of public hearing to vacate portion of alleys
between W. 1st and W. 2nd Streets as published in the Waterloo Courier on April 9, 1982
be received and placed on file. Motion carried.
82237 - Moved by Roehr, seconded by Getty
to receive and place on file Plan and Program Commission's recommendation of approval.
Motion carried.
82238 - 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 Bowers
that "an ordinance vacating portions of alleys between W. 1st and W. 2nd Streets", be
received, placed on file and passed for the first time. Ayes: Five. Absent: Dowie,
Wilharm. Motion carried.
82239 - Moved by Roehr, seconded by Getty
that proof of publication of notice of public hearing on site plan improvements for
Waterloo Recreation Center as published in the Waterloo Courier on April 9, 1982 be
received and placed on file. Motion carried.
82240 - Moved by Bowers, seconded by Burton
to receive and place on file Plan and Program Commission's recommendation of approval.
Motion carried.
82241 - 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 Getty, seconded by Bowers
that "resolution approving site plan for site plan improvements for Waterloo Recreation
Center", be adopted subject to the approval of the vacation of public right-of-way as
proposed in the three (3) public hearings held above (see C.R.#82230, 82233, 82236).
Ayes: Five. Absent: Dowie, Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1982-138.
82242 - Moved by Bowers, seconded by Getty
that proof of publication of notice of public hearing on proposal to vacate, sell and
convey alleys south of Mitchell Avenue and east of Lowell Avenue as published in the
Waterloo Courier on April 9, 1982 be received and placed on file. Motion carried.
82243 - 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 Roehr, seconded by Burton
to receive and place on file Plan and Program Commission's recommendation of approval.
Motion carried.
82244 - Moved by Burton, seconded by Penaluna
that "an ordinance vacating portions of alleys south of Mitchell Avenue and east of
Lowell Avenue be received, placed on file and passed for the first time. Ayes: Five.
Absent: Dowie, Wilharm. Motion carried.
April 26, 1982 Page Four
HEARINGS - CONTINUED
82245 - Moved by Bowers, seconded by Penaluna
that proof of publication of notice of public hearing to sell and convey property
located north of dead -ended Summit Street as published in the Waterloo Courier on April
9, 1982 be received and placed on file. Motion carried.
82246 - 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 Getty, seconded by Bowers
that "resolution authorizing sale and conveyance of property located north of
dead -ended Summit Street to K S Properties, Inc. in the amount of $420.00", be adopted
and City Attorney instructed to prepare deed accordingly. Ayes: Five. Absent:
Dowie, Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1982-139.
82247 - Moved by Roehr, seconded by Bowers
that proof of publication of notice of public hearing on amendment to Ordinance No.
2479, as amended, to reduce the lot size requirements in "R-1" and "R-2" One and Two
Family Residence Districts and "R-3" and "R-4" Mulitiple Family Residence Districts as
published in the Waterloo Courier on April 9, 1982 be received and placed on file.
Motion carried.
82248 - HOLD HEARING - The Mayor called for written and oral objections and there were none.
Moved by Bowers, seconded by Getty
to receive and place on file Zoning Commission's recommendation of approval. Motion
carried.
82249 - Moved by Roehr, seconded by Bowers
that "ordinance amending Ordinance No. 2479, as amended, known as the Zoning Ordinance
by repealing Part VIII "R-2 One and Two Family Residence District" Subsection 2A-16 Lot
Area, Lot Frontage and Yard Requirements; and repealing: Part IX "R-3 Multiple
Residence District" Subsection 2A-19 Lot Area, Lot Frontage and Yard Requirements; and
repealing: Part X "R-4 Multiple Residence District, Subsection 2A-22, Lot Area, Lot
Frontage and Yard Requirements; and enacting in lieu thereof a new Part VIII "R-2 One
and Two Family Residence District: Subsection 2A-16 Bulk Regulations; and enacting a
new: Part XI "R-3 Multiple Residence District" Subsection 2A-19 Bulk Regulations; and
enacting a new: Part X "R-4" Multiple Residence District" Subsection 2A-22 Bulk
Regulations", be received, placed on file and passed for the first time. Ayes: .Five.
Absent: Dowie, Wilharm. Motion carried.
82250 - Deputy Auditor Tom Campbell, reported that the bid of Shaw, McDermott & Co. was in
order and could be approved.
Moved by Getty, seconded by Bowers
that "resolution directing sale of $51,000.00 Street Improvement Bonds for the F.Y.
1981 Paving Program, Contract No. 213 to Shaw, McDermott & Co. of Des Moines at a rate
of 12% per year", be adopted. Ayes: Five. Absent: Dowie, Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1982-140.
ORAL PRESENTATIONS
82251 - A representative of Operation Threshold thanked the Mayor, Council and Budget Review
Committee for their support of the West Side Operation Threshold Outreach Office.
Moved by Bowers, seconded by Burton
to receive and file the above comments. Motion carried.
ti
April 26, 1982 Page Five
ORAL PRESENTATIONS - CONTINUED
82252 - Agnes Robertson, 1030 Roosevelt Street (on behalf of the VFW) asked the Mayor to
proclaim Saturday, May 1, 1982 as Loyalty Day. She explained that it as a day set
aside to show honor and respect for the U.S. flag.
Moved by Burton, seconded by Bowers
to proclaim Saturday, May 1, 1982 as Loyalty Day. Motion carried.
She also invited the Mayor and Council and veterans to the VFW Hall on Saturday
afternoon, May 1, 1982 for a short presentation and refreshments.
PETITIONS FROM PUBLIC
82253 - Jeff Shirley, 1100 Linbud Lane, requested paving of Linbud Lane with residents paying
100% assessment.
Mayor Rooff commended the residents for working cooperatively with the City.
Moved by Roehr, seconded by Getty
that request of area residents for paving of Linbud Lane be received, placed on file
and placed in the Block Grant Paving Program. Motion carried.
82254 - Moved by Roehr, seconded by Getty
that communication from Plan and Program Department transmitting request of Mr. and
Mrs. Dennis Reuter to vacate the westerly five (5) feet of an eight (8) foot utility
easement located along the easterly edge of Lot 4 in Akin Addition, together with
recommendation of approval be received, placed on file and "resolution setting date of
hearing as May 10, 1982 at 7:00 P.M. in the City Hall Council Chambers on proposal to
vacate said property", be adopted and Clerk instructed to publish notice accordingly.
Ayes: Five. Absent: Dowie, Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1982-141.
UNFINISHED BUSINESS
82255 - Moved by Getty, seconded by Bowers
Councilman Penaluna stated that the motion that had been made, voted on, and approved
under C.R.#82203 of April 19, 1982 stated that action on the sick leave payment to
Colin Shillinglaw and Dana Anderson, retireees of the Fire Department be deferred until
the full Council was present.
Moved by Getty, seconded by Bowers
to rescind C.R.#82203 of April 19, 1982 relating to the sick leave payment to Colin
Shillinglaw and Dana Anderson: Ayes: Burton, Bowers, Getty. Nays: Penaluna, Roehr.
Absent: Dowie, Wilharm. Motion NOT carried.
REPORT
82256 - Moved by Penaluna, seconded by Burton
that communication from Plan and Program Department reporting on existing bus benches
in conjunction with contract with Professional Services, Inc. be received, placed on
file and tabled for one (1) week to allow representatives of Professional Services,
Inc. to be present. Motion carried.
DOCUMENT
82257 - Moved by Roehr, seconded by Getty
that communication from Plan and Program Director transmitting documents for permanent
easements in connection with the F.Y. 1982 Lowder Road Sanitary Sewer Program, Contract
No. 180, for construction and maintenance of said sanitary sewer improvements for the
following property owners and authorizing payment as indicated:
j April 26, 1982
DOCUMENT - CONTINUED
X82257 - Continued.
Robert J. Bedard
Richard C. Anderson
J. Urban Mayer
Frank E. Eagle
Delbert K. Nielsen
Glen A. Bowen
William R. Oleson
Page Six
Route 2
3612
Moline Dr.
$ 995.00
441
East Airline
1,700.00
180
Lowder Rd.
100.00
176
Lowder Rd.
120
Lowder Rd.
300
Wellington
260.00
together with recommendation of approval, be received, placed on file and approved.
Motion carried.
RESOLUTIONS TO BE ADOPTED
82258 - Moved by Burton, seconded by Bowers
that "resolution transferring from the Trust and Agency Fund the sum of four hundred
ten thousand seven hundred seven dollars ($410,707.00) to the General Fund", be
adopted. Ayes: Five. Absent: Dowie, Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1982-142.
82259 - Moved by Roehr, seconded by Burton
that "resolution authorizing filing of application with the Economic Development
Administration, U.S. Department of Commerce, United States of America, for a grant
under the terms of Public Law 89-136, as amended", be adopted. Ayes: Five. Absent:
Dowie, Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1982-143.
ORDINANCES TO BE ADOPTED
82260 - Moved by Burton, seconded by Bowers
that "an ordinance amending Chapter 34, Utilities, by repealing Subsection (f)
regarding sewer rental charges of Section 34-54; and enacting in lieu thereof a new
Subsection (f) regarding sewer rental charges of Section 34-54", be received, placed on
file and passed for the second time. Ayes: Five. Absent: Dowie, Wilharm. Motion
carried.
82261 - Moved by Getty, seconded by Penaluna
that "an ordinance establishing and designating the boundaries of an Urban
Revitalization Area in the City of Waterloo", be received, placed on file and passed
for the second time. Ayes: Five. Absent: Dowie, Wilharm. Motion carried.
BILLS - PAYMENTS
82262 - Moved by Roehr, seconded by Bowers
that "Bills, Resolution, Schedule 'A'", be adopted.
Resolution adopted and upon approval by Mayor assigned No. 1982-144.
NEW BUSINESS
82263 - Moved by Bowers, seconded by Burton
that communication from Plan and Program Commission transmitting proposed amendments to
Ordinance No. 2479, as amended, (Zoning Ordinance) relating to "M-1" and "M-2"
Industrial Districts, together with recomemndation of approval, be received, placed on
file and "resolution setting date of hearing as May 17, 1982 at 7:00 P.M. in City Hall
Council Chambers on proposed amendments to Ordinance No. 2479, as amended, (Zoning
Ordinance) relating to "M-1" and "M-2" Industrial Districts", be adopted and Clerk
instructed to publish notice accordingly. Ayes: Five. Absent: Dowie, Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1982-145.
�R T
April 26, 1982 Page Seven
NEW BUSINESS - CONTINUED
82264 - Moved by Burton, seconded by Bowers
that communication from Plan and Program Commission transmitting proposed amendments to
Ordinance No. 2479, as amended, (Zoning Ordinance) relating to radio and television
studios, towers and transmitting facilities, together with recommendation of approval,
be received, placed on file and "resolution setting date of hearing as May 17, 1982 at
7:00 P.M. in City Hall Council Chambers on proposed amendments to Ordinance No. 2479,
as amended, (Zoning Ordinance) relating to radio and television studios, towers and
transmitting facilities", be adopted and Clerk instructed to publish notice
accordingly. Ayes: Five. Absent: Dowie, Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1982-146.
82265 - Moved by Roehr, seconded by Bowers
that "resolution fixing the time and place of hearing on proposed plans,
specifications, form of contract and estimate of cost for the F.Y. 1983 Construction of
David Street Sanitary Sewer Improvements, Contract No. 236 in the City of Waterloo and
the taking of construction bids, therefore, Contract No. 236, as May 10, 1982 at 7:00
P.M. at City Hall Council Chambers and instructing the Clerk to publish the notice of
hearing", be adopted. Ayes: Five. Absent: Dowie, Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1982-147.
82266 - Moved by Bowers, seconded by Burton
that "resolution fixing the time and place of hearing on proposed plans,
specifications, form of contract and estimate of cost for the Rath Fountain and Shirey
Plaza Project -- Waterloo Recreation Center in the City of Waterloo and the taking of
construction bids, therefore, as May 17, 1982 at 7:00 P.M. at City Hall Council
Chambers and instructing the Clerk to publish the notice of hearing", be adopted.
Ayes: Five. Absent: Dowie, Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1982-148.
82267 - Moved by Roehr, seconded by Getty
that communication from Central Garage Supt. reporting termination of Howard Tyler
effective April 16, 1982 and entitlement of 174 1/2 hours sick pay be received, placed
on file and "Resolution approving payment of $1,347.14 sick pay to Howard Tyler,
Central Garage", be adopted. Ayes: Five. Absent: Dowie, Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1982-149.
82268 - Moved by Bowers, seconded by Getty
that communication from Electrical Department requesting installation of three (3)
street lights be received, placed on file and "resolution authorizing the installation
of three (3) 175 watt mercury lights in the new Parking Lot No. 9 at E. 6th and
Sycamore Streets", be adopted. Ayes: Five. Absent: Dowie, Wilharm.
Resolution adopted and upon approval by Mayor assigned No. 1982-150.
82269 - Moved by Penaluna, seconded by Roehr
that communication from Mayor Leo P. Rooff recommending appointment of Dale Wilcox, 106
San Souci Drive to the Police and Fire Pension Board be received, placed on file, and
approved. Motion carried.
Attend Functions:
82270 —Moved by Burton, seconded by Bowers
that the following request for permission to attend functions, with expenses allowed
not to exceed amount shown, be received, placed on file and approved:
Assistant City Engineer to attend ISU Engineering Extension
Course on Urban Stormwater Management, Ames, Iowa, May 12-14,
1982 -- $400.00
Ayes: Five. Absent: Dowie, Wilharm. Motion carried.
April 26, 1982
MISCELLANEOUS
82271 - Moved by Getty, seconded by Roehr
Page Eight
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 License Permit Applications
Class C
Zilch, Ltd. dba Corner Tap, 108 Jefferson
(Renewal)(5/1/83)
Robert L. Van Erem dba Pinky's Tap, 218
Division St. (Old location -New Owner)(4/28/83)
Thelma Luloff dba Fortune's Tavern, 328 Elm St.
(Renewal)(5/1/83)
Beer Permit License Applications
C ass B
Waterloo Softball Association, Inc., corner of
Burton & Longfellow (New-Seasonal)(11/1/83)
Class C
Cheker Imperial Oil Co. #892 dba Cheker Imperial
Oil Co. of Iowa, 2900 Falls Ave. (Renewal)(5/5/83)
Sunday Sales - Beer & Liquor License Permit Applications
Class B
Waterloo Softball Association, corner of Burton &
Longfellow (New-Seasonal)(11/1/83)
Class C
Robert L. Van Erem dba Pinky's Tap, 218 Division St.
(Old location -New Owner)(4/28/83)
Cheker Imperial Oil Co. #892 dba Cheker Imperial Co.
of Iowa(Renewal)(5/5/83)
Motion carried.
82272 - Moved by Burton, seconded by Getty
that the following application for Ambulance Attendant be received, placed on, file and
approved:
Brett Bredman, 5410 S. Hudson Rd., Cedar Falls
Motion carried.
BONDS
82273 - Moved by Bowers, seconded by Burton
that report of City Attorney and list of bonds filed with Clerk through April 26, 1982,
be received, placed on file and report and bonds approved. Motion carried.
82274 - Moved by Roehr, seconded by Bowers
that the Council adjourn. Motion carried.
Larry P. Burger
City Clerk/Auditor
'V y