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Home My WebLink About09/11/78�41N -*N September 11, 1978 The Council of City of Waterloo, Iowa, met in Regular Session in Council Cham- bers in the City Hall at 7:00 P.M., on September 11, 1978. Mayor Rooff in the Chair. On roll call, Present: Bowers, Burton, Dowie, Getty, Roehr, Wilharm. Absent: Hutchison. Invocation by Councilman Wilharm. 74966 - Mayor Rooff reported that Councilman Sally Hutchison had surgery at Rochester, Minn. and had come through with flying colors. 74967 - Moved by Roehr, seconded by Getty that the Agenda, as amended, for the Regular Session of September 11, 1978 at 7:00 P.M., be accepted and approved. Motion carried 74968 - Moved by Burton, seconded by Bowers that the Minutes of the Regular Session held September 5, 1978 at 7:00 P.M., be approved. Motion carried. 74969 - Moved by Dowie, seconded by Burton that proof of publication of notice of hearing on proposed specifications, form of contract, estimate of cost, etc. for F.Y. 1979 Overlay Program, Contract No. 171, and taking of bids therefor, be received and placed on file. Motion carried. 74970 - This being the time for hearing., the Mayor called for oral and written objections and there were none. Moved by Dowie, seconded by Bowers, that "Resolution confirming approval of specifications, form of contract, estimated costs, etc.for F.Y.1979 Overlay Program, Contract No. 171", be adopted. Ayes: Five. Absent: Hutchison. Roehr, declined to vote by reason of possible conflict of interest under Section 362.6 of Code of Iowa. Resolution adopted and upon approval by Mayor, assigned No. 25960. 74971 - Moved by Burton, seconded by Dowie that "Resolution ordering the con- struction of F.Y. 1979 Overlay Program, Contract No. 171", be.adopted. Ayes: Five. Absent: Hutchison. Roehr, declined to vote by reason of possible conflict of interest under Section 362.6 of Code of Iowa. Resolution adopted and upon approval by Mayor, assigned No. 25961. 74972 - Moved by Dowie, seconded by Getty that the three bids, be received, placed on file, Clerk instructed to open same, but not read, and re- ferred to Engineers for checking and report back. Motion carried. 74973 - Moved by Dowie, seconded by Roehr that proof of publication of notice of proposal to remove a diseased dutch elm tree and levying assess- ment for cost thereof on premises at 226 West Eleventh Stree.t.owned by Maxwell Wood, be received and placed on file. Motion carried. 74974 - This being the time and place for hearing, Mayor Rooff announced Maxwell Wood removed the diseased dutch elm tree on the premises at 226 West Eleventh Street and declared the hearing closed. 74975 - Under Council Action #74904 of 8/28/78, action was deferred on the recommendations of the Mayor's Budget Review Committee and the 1978 Downtown Parking Study for monthly parking fees and parking fines, and on Mayor Rooff's recommendation that 50� parking fine not to be raised to $2.00 but to $1.00 and the monthly parking ramp fee not to $20.00 but to $15.00. Mayor Rooff reviewed the recommendations and a dis- cussion followed. Moved by Wilharm, seconded by Roehr that the traffic ordinance be amended to change the overtime parking fine from 50(,N to $1.00, the two rentals for parking ramps from $12.50 to $20.00 for reserved monthly private parking and from $10.00 to $15.00 for unreserved monthly parking and monthly parking lots from $6.50 to $10.00, and the City Attorney instructed to submit an ordinance accordingly. Ayes: Six. Absent: Hutchison. Motion carried. 74976 - Moved by Burton, seconded by Bowers that the parking fine of $1.00 be changed to $1.50. Ayes: Roehr, Burton, Bowers. Nays: Wilharm, Getty, Dowie. Absent: Hutchison. Motion not carried. 74977 - Councilman Dowie reported he has received many calls from persons who would like the opportunity to learn about the hotel -motel tax and to vote on the question. F '**N -2- :'=-977 - (Continued) Moved by Dowie, seconded by None that the hotel -motel tax question be brought back at this time for Council reconsideration. Discussed was Council's philosophy for local optional taxes; people should be educated; could chase business elsewhere; concern of people toward additional taxes; State to collect tax and refund back to City; voters should make the decision, etc. Charles Dykeman, President of Waterloo Chamber of Commerce, requested reconsideration of last week's action which did not allow the question on hotel -motel tax to be put before the electorate. Gene Meeker, also, supported reconsideration. Dick Kern, Ramada Inn, opposed the hotel -motel tax; however, if all industries were taxed he would not be against it. Mayor Rooff stated if the people wished to put the question on the ballot, they could bring in a petition, and the notice to the Election Commissioner had to filed no later that 5:00 P.M. September 13, 1978 for the November 7, 1978 election. Mayor Rooff called for a second on the motion, there was none and the motion died for lack of a second. 74978 - Moved by Roehr, seconded by Getty that communication from Finance Director, transmitting Official Municipality Report, be received, placed on file and "Resolution approving the Official Municipality Re- port to the Iowa Department of Transportation for the Year 7/1/77 to 6/30/78, covering the various expenditures for street and parking purposes on Municipal Streets and Parking in the City of Waterloo, Iowa", adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 25962. 74979 - Moved by Dowie, seconded by Burton that City Treasurer's Report for August, 1978, showing Balance on Hand 8/1/78 $14,775,891.32, Receipts - Taxes $55,443.18, Receipts -City Clerk $698,379.09, Receipts -City Treasurer $4,337,999.93, Receipts Transfers $125,123.55, Disbursements $3,808,234.91, Balance On Hand 8/31/78 $16,184,602.16, be received, placed on file and approved. Motion carried. 74980 - Moved by Bowers, seconded by Roehr that minutes of Community Develop- ment Board for regular meeting of July 11, 1978 be received and placed on file. Motion carried. 74981 - Moved by Roehr, seconded by Dowie that communication from City Engineer, advising improvements required as a condition precedent to final approval of Pinnacle Place have been completed in substantial con- formance with construction plans, standards, and requirements of Engineering Office; submitting four year maintenance bond for street improvements and two year maintenance bond for sewer improvements; and recommending acceptance, be received, placed on file, Pinnacle Place and bonds approved and accepted, with effective date on bonds being that of final Council approval. Motion carried. 74982 - Moved by Dowie, seconded by Bowers that construction plans for storm sewer and paving facilities serving Regency Acres, as submitted by Harold Michels, P.E., and City Engineer's recommendation for approval, be received, placed on file and approved. Motion carried. 74983 - Moved by Dowie, seconded by Roehr that Construction Permit No. 78-556-S from Iowa Department of Environmental Quality for Sanitary Sewer Ex- tension for Prairie Meadow West Fifth Addition, subject to certain con- ditions and requirements, be received and placed on file. Motion carried. 74984 - Moved by Roehr, seconded by Burton that Change Order No. 2 (Final) for Demolition and Reconstruction of Sans Souci Bridges, Westfield -Virden Urban Renewal, Bridge Contract No. 11, for unit price adjustments re- ducing costs by $113,751.15, Addendum to Bond No.202E4843 for four- year maintenance, and Engineer's Declaration of Completion and Re- commendation of Acceptance, and Community Development Board 's re- commendation for approval and acceptance, be received, placed on file, approved and accepted, and Mayor and Clerk authorized to execute same. Ayes: Six. Absent: Hutchison. Motion carried September 11, 1978 0�,N -3- 74985 - Moved by Dowie, seconded by Getty that Final Pay Estimate #17 for Bridge Contract No. 11, and Community Development Board request for approval, be received, placed on file and "Resolution approving Final Pay Estimate Report as to work and materials furnished by Lunda Con- struction Company for Demolition and Reconstruction of Sans Souci Bridges, Westfield -Virden Urban Renewal Project Iowa R-7, Bridge Con- tract No. 11, accepting the work and certifying payment accordingly", adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 25963. 74986 - Moved by Roehr, seconded by Bowers that Final Pay Estimate #7 checked by Robinson Engineering Co. for Contract No. 164, and Community Development Board recommendation for acceptance, be received, placed on file and "Resolution approving the Final Pay Estimate Report as to work and materials furnished by Cedar Valley Corporation for EDA Huntington Road Paving, Contract No. 164, accepting the work and cer- tifying payment accordingly", adopted. Ayes: Six. Absent: Hutch- ison.� Resolution adopted and upon approval by Mayor, assigned No. i 25964. 74987-- oy L -by- Getty, seconded by Wilharm that "Resolution, Bills, Schedule A", be adopted. Ayes: Six. Absent: Hutchison. Dowie voted with reservations on items with asterisks for reason of possible conflict of interest under Section 362.6 of Code of Iowa. Resolution adopted and upon approval by Mayor, assigned No. 25965. 74988 - Moved by Getty, seconded by Wilharm, that "Resolution, Bills, Schedule B", be adopted. Ayes: Six. Absent: Hutchison. Dowie voted with reservations on items with asterisks for reason of possible con- flict of interest under Section 362.6 of Code of Iowa. Resolution adopted and upon approval by Mayor, assigned No. 25966. 74989 - Moved by Bowers, seconded by Burton that communication from Mayor Rooff, submitting for Council approval the appointment of Richard T. Zahn, 1900 Westchester Road, to the Waterloo Airport Commission for a six- year term to expire September17, 1984, be received, placed on file and said appointment approved. Motion carried. 74990 - Moved by Bowers, seconded by Roehr that communication from Electrical Inspector, transmitting various requests for installation of street lights at certain locations, and recommending approval and removal as follows, be received, placed on file, recommendations approved, the following ordered included or removed in next street lighting program, and "Resolution ordering installation and removal of certain street lights", adopted: Install 175 Watt White Mercury Lam 1 - Midway of 1600 block of Columbia Street; 1 - At "T" intersection of Rebecca Lane and Rocky Road; 1 - Midway of 600 block of Sumner Street; 1 - Midway of 1600 block of Ackermant Street; 1 - Remove 175 Watt White Mercury Vapor at 310 Duryea Street; 1 - Reinstall one (1) 400 Watt White Mercury Vapor on down -guy pole opposite 324 Duryea Street. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 25967. 74991 - Moved by Dowie, seconded by Burton that following requests for per- mission to attend function, with expenses allowed not to exceed the amount shown, be received, placed on file and approved: Superintendent of Streets to International Public Works Congress and Equipment Show, Boston, Mass., October 14 thru 19, 1978, $650.00. Ayes: Six. Absent: Hutchison. Motion carried. 74992 - Moved by Wilharm, seconded by Bowers that following applications for Beer Permits and Beer and Liquor Licenses, be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer Cfass C - Robert E. Bender dba Electric Park, Inc., West Conger Street & Rainbow Drive September 11, 1978 '1 - 4 I—N 74992 - (Continued) Class B Davi Lee Cook dba Golden Krust Pizza, Inc., 817 Harwood Avenue Beer Liquor Class C Leroy Watson dba Little Dutch Mill, 823 Franklin Street Ira Harrington dba Arthur's Athletic Lounge, 211 Linn Street Sunday Sales - Beer Class C Robert E. Bender dba Electric Park, Inc., West Conger Street & Rainbow Drive Class B David Lee Cook dba Golden Krust Pizza, Inc., 817 Harwood Avenue Sunday Sales - Beer Li uor - Class C Ira Harrington dba —Arthur's At letic Lounge, 211 Linn Street Motion carried. 74993 - Moved by Roehr, seconded by Wilharm that following applications for permission to sell cigarettes at locations designated, be received, placed on file and granted: James Klein dba Klein's Korner, 811 Rainbow Drive W. T. Enterprises of Iowa dba U-Needa Car Wash, 203 Jefferson Street Bob's Wife's Lunch Wagons, Dairy Cattle Congress B & B Tobacco Stand, Dairy Cattle Congress Motion carried. 74994 - Moved by Roehr, seconded by Getty that applications of Merle Douglas Steva, 1845 Easton Avenue, and Beth Ann Krengle, 1225 East Ridgeway Avenue, for taxicab driver's permits, be received, placed on file and granted. Motion carried. 74995 - Moved by Getty, seconded by Bowers that application of Angela William- son, 710 Sherman Avenue, for Massage Technician Permit, be received, placed on file and granted subject to requirements of ordinance governing same. Motion carried. 74996 - Moved by Dowie, seconded by Burton that report of City Attorney and list of bonds filed with Clerk through 9/11/78, be received, placed on file and report and bonds approved. Motion carried 74997 - City Engineer reported the bids were in order and could be read. Moved by Wilharm, seconded by Dowie that Clerk be instructed to read the following bids and same referred to City Engineer for checking: Amount of Bid Amount of Bond or Certi- Bidder Bid fied Check Phillips Asphalt Paving Co.,Waterloo, Ia. $66,581.65 3500. Rohlin Construction Co., Inc.,Estherville, Ia. 59,102.10 5% Aspro, Inc., Waterloo, Iowa 60,850.38 5% Motion carried. 74998 - The City Engineer recommended acceptance of low bid of Rohlin Con struction Co., Inc., of Estherville, Iowa in the amount of $59,102.10 for Contract No. 171. Superintendent of Streets Massina recommended the bid of Aspro, Inc. be accepted due to proximity of location to project. Mayor Rooff stated all bidders should have been notified that the length of haul was to be considered and this was not done on this project. Moved by Wilharm, seconded by Roehr that the above recommendation be received, placed on file and "Resolution accepting the bid of Rohlin Construction Co., Inc. for F.Y. 1979 Overlay Program, Contract N0.171", adopted. Ayes: Six. Absent: Hutchison. Resolution adopted and upon approval by Mayor, assigned No. 25968. 74999 - Moved by Bowers, seconded by Burton that the Council adjourn. Motion carried. Katherine Gibbs, September 11, 1978 City Clerk