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HomeMy WebLinkAbout01/11/82January 11, 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 January 11, 1982. Mayor Rooff in the Chair. On Roll Call: Present: Getty, Penaluna, Roehr, Wilharm, Bowers, Burton. Absent: Dowie. Invocation by Councilman Wilharm. 81744 - Moved by Roehr, seconded by Wilharm that the Agenda, as amended, for the Regular Session of January 11, 1982, at 7:00 P.M., be accepted and approved. Motion carried. 81745 - Moved by Wilharm, seconded by Getty that the minutes of the Special Session held December 31, 1981 at 11:45 P.M. be approved. Motion carried. 81746 - Moved by Burton, seconded by Bowers that the minutes of the Regular Session held January 4, 1982 at 7:00 P.M. be approved. Motion carried. ADJOURNED HEARING 81747 - The Mayor announced that this was the time and place of the adjourned hearing for an increase in rates for Waterloo Cablevision, Inc. Since the hearing, the Cable TV Commission has met and recommended an increase of 13.3%, as opposed to the company's original request of 20%. The proposed increase would result in the following price schedule: Basic Service $8.50 Expanded Service 3.50 Additional Outlets 2.00 Moved by Bowers, seconded by Burton to receive and file the CableTVCommission's recommendation. The motion carried. 81748 - Several residents voiced their opposition to a rate increase. Maxine Scott, 504 Gable, expressed her concerns that the cable company had not lived up to their original commitments and that customers were unhappy with their service. Moved by Roehr, seconded by Burton to receive and file the above comments. Motion carried. 81749 - The Mayor announced that Cable TV representatives were not in attendance due to the recent snow storm and, therefore,. recommended that action be delayed until February 1, 1982. Moved by Wilharm, seconded by Penaluna to adjourn the public hearing for a rate increase for Waterloo Cablevision, Inc. until February 1, 1982 at 7:00 P.M. in City Hall Council Chambers, Waterloo, Iowa. Motion carried. HEARING & BIDS 81750 - Moved by Bowers, seconded, by Burton that proof of publication of notice of public hearing on proposed plans, specifications, form of contract, estimate of costs, etc., for the renovation of the Eastside Library as published in the Waterloo Courier on December 24, 1981 be received and placed on file. Motion carried. January 11, 1982 Page 2 81751 - 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 "resolution confirming the approval of plans, specifications, etc., for the renovation of the Eastside Library", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1982-12. 81752 - Moved by Getty, seconded by Roehr that "resolution ordering construction of Eastside Library ", be adopted, subject to a lessee being procured. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1982-13. 81753 - Moved by Roehr, seconded by Bowers that proof of publication of notice to contractors of invitation for bids for renovation of the Eastside Library as published in the Waterloo Courier on December 24, 1981 be received and placed on file. Motion carried. 81754 - Moved by Wilharm, seconded by Burton that the following bids be received, placed on file, Clerk instructed to open and read same and bids referred to Building Committee for review and recommendation: BIDDER ALT. 1 ALT. 2 BASE BID BID SECURITY Denman Phillips $2,900 $1,600 $79,888 5% Don Gardner Const. Co. 1,982 377 29,250 5% Chuck Heene Const. Co. 2,915 601 31,000 5% Paul Christensen Const.5,592 1,000 37,600 5% Wendell Lockard Const. 3,056 1,335 30,710 5% Jens Olesen & Sons 3,100 800 28,407 5% Claude Gardner Const. 3,000 700 29,615 5% Young Plumbing & Heat. 75 13,200 5% Meyer's Sheet Metal 200 9,477 5% Union Plumb. & Sheet. 300 19,889 5% Ideal Electric 4,998 5% Meisner Electric 7,330 5% Black Hawk Electric 6,293 5% Pfiffner Electric 8,035 5% See Electric 6,985 5% Area Electric 6,935 $347.00 Miller Electric 7,630 5% Lincoln's 17,206 806.30 Kirk Gross 18,913 15% Motion carried. HEARINGS 81755 - Moved by Roehr, seconded by Bowers that proof of publication of notice of public hearing on proposed issuance of Industrial Development Revenue Bonds, Series 1982 (Hershberger Land Co. Project) not to exceed $200,000 for the purpose of defraying the cost, to that amount, of the acquisition by construction or purchase of equipment and improvements as published in the Waterloo Courier on December 24, 1981 be received and placed on file. Motion carried. 81756 - HOLD HEARING - This being the time .and place to hold hearing the Mayor called for written and oral objections and there were none. Chuck Mattson, Attorney, reported that the project would include the construction of an 8,000 sq. ft. building to be leased to Berry Bearing Co. Future employment would be increased from five (5)to ten (10) employees. Moved by.-Penaluna, seconded by,Getty that resolution determining to proceed with the issuance of not to exceed $200,000 Industrial Development Revenue Bonds, Series 1982 (Hershberger Land Co. Project) of the City of Waterloo", be adopted. Ayes: Six. Absent; Dowie. Resolution adopted and upon approval by Mayor assigned No.1982-14. January 11, 1982 Page 3 HEARINGS - CONTINUED 81757 - Moved by Roehr, seconded by Penaluna that proof of publication of notice of public hearing to vacate portion of flood control easement along the Cedar River Flood Control Wall between West Fourth Street and West Park Avenue - YMCA expansion as published in the Waterloo Courier on December 24, 1981 be received and placed on file. Motion carried. 81758 - 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 to receive and place on file Plan and Program Commission's recommendation of approval. Motion carried. 81759 - Ralph Anderson, City Engineer, reported that the Nelson's will be submitting a hold harmless agreement stating that the City will not be responsible for any damage to the proposed glass atrium arising out of work by City employees on the Cedar River flood wall. Moved by Wilharm, seconded by Burton that "an ordinance vacating a portion of flood control easement along the Cedar River Flood Control Wall between West Fourth Street and West Park Avenue", be received, placed on file and passed for the first time. Ayes: Six. Absent: Dowie. Motion carried. 81760 - Moved by Roehr, seconded by Penaluna 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: Dowie. Motion carried. 1 81761 - Moved by Penaluna, seconded by Getty that "an ordinance vacating a portion of flood control easement along the Cedar River Flood Control Wall between West Fourth Street and West Park Avenue", be adopted. Ayes: Six. Absent: Dowie. Ordinance adopted and upon approval by Mayor assigned No. 3185. 81762 - Moved by Burton, seconded by Bowers that proof of publication of notice of public hearing to vacate, sell and convey portion of the West Fourth Street right-of-way between the Cedar River and Cedar Street - YMCA expansion as published in the Waterloo Courier on December 24, 1981 be received and placed on file. Motion carried. 81763 - 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 Penaluna to receive and place on file Plan and Program Commission's recommendation of approval. Motion carried. 81764 - Don Temeyer, Plan and Program Director, stated that an easement will be maintained over the entire parcel for maintenance of sewers and utility services. January 11, 1982 Page 4 HEARINGS - CONTINUED 81764 - Continued. Moved by Getty, seconded by Burton that "an ordinance vacating a portion of the West Fourth Street right-of-way between the Cedar River and Cedar Street", be received, placed on file and passed for the first time. Ayes: Six. Absent: Dowie. Motion carried. 81765 - Moved by Bowers, seconded by Burton 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: Dowie. Motion carried. 81766 - Moved by Burton, seconded by Roehr that "an ordinance vacating a portion of the West Fourth Street right-of-way between the Cedar River and Cedar Street", be adopted. Ayes: Six. Absent: Dowie. Ordinance adopted and upon approval by Mayor assigned No. 3186. 81767 - Moved by Getty, seconded by Roehr that "resolution authorizing sale and conveyance of West 4th Street right-of-way between Cedar River and Cedar Street to Verner D. & Donna L. Nelson", be adopted and City Attorney instructed to prepare deed accordingly. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1982-15. 81768 - Moved by Roehr, seconded by Bowers that proof of publication of notice of public hearing on proposal to vacate, sell and convey portion of the West Park Avenue right-of-way between the Cedar River and Cedar Street - YMCA expansion as published in the Waterloo Courier on December 24, 1981 be received and placed on file. Motion carried. 81769 - 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 to receive and place on file Plan and Program Commission's recommendation of approval. Motion carried. 81770 - Ralph Anderson, City Engineer, expressed some concern with snow removal and the reduced area that would be available for snow storage. Jon Fister, Attorney for Verner and Donna Nelson spoke in support of the request. Moved by Getty, seconded by Burton that "an ordinance vacating a portion of the West Park Avenue right-of-way between the Cedar River and Cedar Street", be received, placed on file and passed for the first time. Ayes: Six. Absent: Dowie. Motion carried. ORAL PRESENTATIONS 81771 - Mayor Rooff asked that the Sign and Traffic Department investigate the possiblity of eliminating parking on Sycamore Street between 18th Street and Dunham Place. Moved by Bowers, seconded by Burton to refer this matter to Sign and Traffic Department for review and recommendation. Motion carried. January 11, 1982 Page 5 ORAL PRESENTATIONS - CONTINUED 81772 - Al Gardner, Sign and Traffic Department, defended himself in regard to an article which appeared in the Waterloo Courier relating to the Civil Service hearing for Gerald Sexton, former head of the Sign and Traffic Department. Moved by Roehr, seconded by Bowers to receive and file the above comments. Motion carried. 81773 - Gary Schmitz, 732 Stephan Avenue, reported a problem at the intersection of Carriage Hill and Stephen Avenue relating to snow removal and asked the City's consideration in addressing this problem. Moved by Roehr, seconded by Bowers to refer the above matter to the Street Department. Motion carried. PETITIONS FROM PUBLIC 81774 - Moved by Burton, seconded by Bowers that communication from Plan and Program Director recommending approval for tax abatement for 704 Beech be received, placed on file and "resolution recommending approval of application of 704 Beech for tax abatement as permitted by the Urban Revitalization Bill", be adopted and Clerk instructed to forward said application to the City Assessor for final determination of tax exemption. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1982-16. UNFINISHED BUSINESS 81775 - Moved by Bowers, seconded by Wilharm to receive and file petitions of opposition to Ashland Avenue in the F.Y. 1982 Paving Program, Contract No. 223 be received and placed on file. Motion carried. 81776 - Councilman Penaluna presented a petition of persons in support to the Ashland Avenue paving. Moved by Penaluna, seconded by Getty to receive and place on file the above petition. Motion carried. 81777 - Ralph Anderson, City Engineer, reported that with all petitions considered the percentage of those in favor are as follows: 81% of those fronting Ashland Avenue 52% not abutting Ashland Avenue, but assessed for paving Moved by Wilharm, seconded by Getty to receive and file the above comments. Motion carried. !, 81778 - Moved by Getty, seconded by Wilharm to include Ashland Avenue in the F.Y. 1982 Paving Program, Contract No. 223. Motion carried. 81779 - Moved by Roehr, seconded by Wilharm to reconsider both the Resolution of Necessity, as amended (Resolution No. 1982-2) and Resolution of Necessity, as adopted, (Resolution No. 1982-3). Motion carried. 81780 - Moved by Wilharm, seconded by Getty that "resolution repealing resolution amending Resolution of Necessity (Res. No. 1982-2) and Resolution of Necessity, as amended (Res. No. 1982-3)", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1982-17. January 11, 1982 Page 6 UNFINISHED BUSINESS - CONTINUED 81781 - Moved by Wilharm, seconded by Burton that "resolution adopting Resolution of Necessity for the F.Y. 1982 Paving Program, Contract No. 223", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1982-18. REPORTS 81782 - Mayor Rooff recommended that a total of $10,000 be given to the Food Bank, 330 Madison Street, over the next two (2) years, after which time they will hopefully be self-sufficient. Moved by Roehr, seconded by Getty that communication from Mayor Leo P. Rooff transm4tting recommendation on assistance to the Food Bank, 330 Madison, be received, placed on file and approved. Motion carried. 81783 - Moved by Wilharm, seconded by Roehr that City Treasurer's Statement of December, 1981, $19,549,288.67 + Revenues - Property Taxes $149,140.10 + Revenues - City Clerk $1,316,111.55 + Revenues - City Treasurer $1,851,101.40 + Revenues - Transfers $1,346,659.38 - Disbursements $5,256,253.47, Balance on Hand December 31, 1981 -- $18,956,047.63, be received, placed on file and approved. Motion carried. 81784 - Moved by Burton, seconded by Wilharm that Finance Director's Statement showing Fund Balance December 1, 1981, $18,764,077.91 + Revenues $4,644,669.90 - Bill Payments $2,156,336.28 - Payrolls - $1,181,808.47 - Commission Bills $167,517.56 - Transfers $1,191,825.32, Fund Balance December 31, 1981 -- $18,711,260.18, be received, placed on file and approved. Motion carried. 81785 - Councilman Bowers asked that the Iowa Department of Transportation be asked to review and reduce the speed limits on Independence Avenue and install a traffic signal at said intersection. Moved by Bowers, seconded by Getty that communication from Sign & Traffic Department reporting on Idaho and Independence Avenues intersection referred to under C.R.#81618 of 12/21/81 be received and placed on file. Motion carried. DOCUMENTS 81786 - Moved by Roehr, seconded by Bowers that communication from Assistant City Engineer transmitting contract for engineering services in conjunction with F.Y. 1982 N.H.S. Oneida Street Paving, Program No. 2, Contract No. 231 with Wayne Claassen Engineering and Surveying, Inc. be received, placed on file and "Resolution authorizing execution of contract for engineering services in conjunction with F.Y. 1982 N.H.S. Oneida Street Paving, Program No. 2, Contract No. 231 with Wayne Claassen Engineering and Surveying, Inc.", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1982-19. 81787 - Moved by Burton, seconded by Bowers that endorsement to the insurance policy of Fred Carlson Company, Inc. of Decorah, Iowa for Shaulis Road Grading and Paving Project, Contract No. 201 for date extension to June 26, 1982 be received and placed on file and approved. Motion carried. January 11, 1982 Page 7 DOCUMENTS - CONTINUED 81788 - Moved by Bowers, seconded by Burton that Change Order Nos. 8, 9, 10 and 11 for work performed in connection with Shaulis Road Grading and P.C.C. Paving, Contract No. 201, together with City Engineer's recommendation for approval, be received, placed on file, approved and Mayor and City Clerk authorized to execute same. Motion carried. ORDINANCES TO BE ADOPTED 81789 - It was explained that the following ordinance would enable Park employees to issue citations. Moved by Bowers, seconded by Wilharm that "an ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection (2) General Powers, under Section 2-194, Powers and Duties of the Board, under Division 4, Board of Park Commissioners, under Chapter 2, Administration; and enacting in lieu thereof new Subsection (2) General Powers, under Section 2-194, Powers and Duties of the Board, under Division 4, Board of Park Commissioners, under Chapter 2, Administration", be received, placed on file and passed for the first time. Ayes: Six. Absent: Dowie. Motion carried. 81790 - Moved by Wilharm, seconded by Getty 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: Dowie. Motion carried. 81791 - Moved by Getty, seconded by Bowers that "an ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection (2) General Powers, under Section 2-194, Powers and Duties of the Board, under Division 4, Board of Park Commissioners, under Chapter 2, Administration; and enacting in lieu thereof new Subsection (2) General Powers, under Section 2-194, Powers and Duties of the Board, under Division 4, Board of Park Commissioners, under Chapter 2, Administration", be adopted. Ayes: Six. Absent: Dowie. Ordinance adopted and upon approval by Mayor assigned No. 3187. BILLS - PAYMENT 81792 - Moved by Bowers, seconded by Wilharm that "Bills, Resolution, Schedules 'A' and 'B'", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1982-20. 181793 - Moved by Roehr, seconded by Penaluna that "Resolution authorizing the payment of the following statements for work completed by contractors and amounts indicated together with recommendation for approval: F.Y. 1981 18th Street Bridge Painting and Repairs, Contract No. 220, Brice, Petrides & Associates, Inc. -- $5,491.73 West Ridgeway Avenue Street Project, Phase II, Federal Project No. M-6500(2)--81--07, Contract No. 165, Brice, Petrides & Associates, Inc. -- $15,586.61 Hackett Road Sanitary Sewer Pumping Station Storage Basin & Controls, Contract No. 206, Brice, Petrides & Associates, Inc. -- $2,165.98", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1982-21. January 11, 1982 BILLS - PAYMENT - CONTINUED 81794 - Moved by Burton, seconded by Wilharm Page 8 that "Resolution authorizing the payment of the following pay estimates for work completed by contracts and amounts indicated together with recommendation for approval: Pay Estimate No. 4 - Castle Hill Drainage Improvements, Helen Road Culvert Replacement and Railroad Cut, Contract No. 222, Roy Avis Construction Company -- $13,056.77 Pay Estimate No. 2 - Lincoln-Ackermant Area Storm Sewer & Sanitary Sewer Improvements, Stage II, Contract No. 214, Hurst Excavating Co., Inc. -- $131,517.95", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1982-22. NEW BUSINESS 81795 - Moved by Bowers, seconded by Burton that communication from Administration & Personnel Department reporting retirement of Paul Huntley effective January 21, 1982 and entitlement of 200 hours vacation pay and 960 hours sick pay be received, placed on file and "Resolution approving payment of $13,374.80 vacation and sick pay to Paul Huntley, Sewer Department", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1982-23. 81796 - Moved by Roehr, seconded by Bowers that communication from Fire Chief reporting retirement of Keith W. Wehr effective December 19, 1981 and entitlement of 4-2/3 weeks vacation pay and 841.2 hours sick pay be received, placed on file and "Resolution approving payment of $9,025.97 vacation and sick pay to Keith W. Wehr, Fire Department", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1982-24. 81797 - Moved by Burton, seconded by Getty that communication from Community Development Administrator requesting date of hearing be set on the application of an Urban Development Action Grant in conjunction with the West Side Parking Ramp Project be received, placed on file and "resolution setting date of hearing as January 18, 1982 at 7:00 P.M. in the City Hall Council Chambers on the application of an Urban Development Action Grant in conjunction with the West Side Parking Ramp Project", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor assigned No. 1982-25. Attend Functions: 81798 - Moved by Wilharm, seconded by Bowers that the following requests for permission to attend functions, with expenses allowed not to exceed amounts shown, be received, placed on file and approved: Director and Sanitation Chief Inspector to attend 35th Annual Iowa Pest Control Conference, Iowa State University, Ames, Iowa, January 14 - 15, 1982 -- $60.00, plus use of City vehicle Ayes: Six. Absent: Dowie. Motion carried.