Loading...
HomeMy WebLinkAbout12/03/79December 3, 1979 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 December 3, 1979. Mayor Pro Tem Roehr in the Chair. On roll call: Present: Wilharm, Roehr, Penaluna, Dowie, Burton, Bowers. Absent: Getty. Invocation by Councilman Wilharm. 77502 - Moved by Burton, seconded by Dowie that the Agenda, as proposed, for the Regular Ses- sion of December 3, 1979 at 7:00 P.M., be accepted and approved. Motion carried. 77503 - Moved by Burton, seconded by Dowie that the Minutes of the Regular Session held Novem- ber 26, 1979 at 7:00 P.M., be approved. Motion carried. 77504 - Moved by Dowie, seconded by Wilharm that proof of publication of Notice of Intention to issue Medical Clinic Revenue Bonds (Luke Tan Project) (Not to Exceed $900,000), in the City of Waterloo, Iowa, as published in Waterloo Courier on 11/16/79, be received and placed on file. Motion carried. 77505 - The Mayor Pro Tem announced this was the time and place for public hearing on the pro- posal to issue said bonds, as published in Waterloo Courier on 11/16/79, called for written and oral objections, and there were none. Moved by Wilharm, seconded by Bowers that "Resolution relating to the public hearing and approving proceeding with the issuance and sale of not to exceed $900,000 aggregate principal amount of Medical Clinic Revenue Bonds (Luke Tan Project) of the City of Waterloo, Iowa", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26652. 77506 - Moved by Bowers, seconded by Burton that proof of publication of notice of public hear- ing to sell Disposal Parcel No. 42, in Logan Avenue Urban Renewal Area, Project No. Iowa R-2, 900 block of East Fourth Street, as published in Waterloo Courier on 10/25/79, to M.P.H. Development Company, Inc., Winthrop, Iowa, be received and placed on file. Motion carried. 77507 - This being the time and place for hearing, the Mayor Pro Tem called for written and oral objections, and there were none. Moved by Bowers, seconded by Dowie that "A resolution approving the sale of Disposal Parcel No. 42 in the Logan Avenue Urban Renewal Area, Project No. Iowa R-2, and author- izing the execution of the necessary contract for sale of land for private redevelop- ment and deed", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval of Mayor Pro Tem, assigned No. 26653. 77508 - Moved by Wilharm, seconded by Dowie that communication from Community Development Board, transmitting an Offer of Sale to the City of Waterloo from Display, Inc. two billboards located on Midwest Pattern Company at 84 West 11th Street for the sum of $6,545.00 for Stage III -D Waterloo Flood Control Project, and recommending approval, be received, placed on file and "A resolution accepting and approving certain offers to sell real property to the City and accepting and approving certain deeds", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26654. 77509 - Moved by Dowie, seconded by Bowers that communication from Community Development Board, transmitting an Offer of Sale to the City of Waterloo from David F. Ungs and Annie C. Wright of real property at 73 W. 10th Street for the sum of $600 for Stage III -D Water- loo Flood Control Project, and recommending approval, be received, placed on file and "A resolution accepting and approving certain offers to sell real property to the City and accepting and approving certain deeds", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26655. 77510 - Moved by Bowers, seconded by Wilharm that communication from City Engineer, transmitting memo from Iowa Department of Transportation of request of C.W. Shirey Company for permission to construct one median cut on River Road (see C.A. #77486 of 11/19/79), and recommending approval, be received, placed on file, and request denied. Motion carried. 77511 - Moved by Dowie, seconded by Penaluna that First Certified Lists of Waterloo Civil Service Commission certifying the following officers of the Waterloo Fire Department as qualified and eligible for promotions to the ranks of Division or Assistant Fire Chief, Captain, and Lieutenant, be received and placed on file: Division or Assistant Fire Chief V. Fairbanks H. Wenzel S. Stapella V. Cutsforth G. Fortune R. Scharnweber Captain T. Shepherd R. Rohle G. Smith F. Magsamen D. Moore E. Crisman L. Cutsforth M. Cook D. Buehler M. Olds 77511 - (Continued) Lieutenant P. Vollbrecht R. Cockerham D. Whitesell Motion carried. -2- R. Kerns W. Grimm D. Wickersheim F. Hersey M. Kunz C. Campbell D. Duggan 77512 - Moved by Penaluna, seconded by Burton that Second Certified Lists of Waterloo Civil Service Commission certifying the following officers of the Waterloo Fire Department as qualified and eligible for promotions to the ranks of Captain and Lieutenant, with provision that Second Certified Lists shall be certified by said Commission if the first list is exhausted within one year from this date, be received and placed on file: Captain B. Libbey M. Connell J. Wood D. Paulson R. Moore D. Ahlhelm J. Weber Lieutenant R. Cutsforth G. Carter L. Olson G. Bernstein W. Woods J. Lanigan A. Budak M. Whalen L. Schoer R. Joens Motion carried. 77513 - Council Members asked Quintin Parker to mail a copy of his letter to Paul Chambers. Moved by Dowie, seconded by Bowers that communication from Quintin T. Parker, Sign & Traffic Maintenance Department, reporting on petition from Paul Chambers, 1221 Julian Avenue, et al, for Black Hawk Road from the dike west to city limits to be repaired and shoulders added, (see C.A. 477481 of 11/19/79), and recommending inclusion in street plan, be received, placed on file and referred to City Engineer. Motion carried. 77514 - Moved by Bowers, seconded by Wilharm that Board of Waterloo Water Works Trustees report for quarter ending September 30, 1979, be received and placed on file. Motion carried. 77515 - Moved by Burton, seconded by Penaluna that communication from Finance Director, re- porting the Police and Fire Pension Boards approved the Actuarial Valuation Report of Towers, Perrin, Forster & Crosby, Des Moines, Iowa, to be filed with State Commissioner of Insurance for payment to the City of $106,687 Police Retirement System and $142,276 Fire Retirement System for plan year 7/1/79 to 6/30/80, be received, placed on file and "Resolution approving the Police and Fire Pension Boards Actuarial Valuation Re- port", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval of Mayor Pro Tem, assigned No. 26656. 77516 - The Council asked Don Temeyer of Plan and Program Commission to explain to Marion Hutchison, 1241 Ackermant, about the problem with the legal descriptions and a discus- sion followed. Moved by Bowers, seconded by Burton that communication from Plan and Program Commission, resubmitting the request of Jon Fister, Atty. for B. Schultz and Company and the Lloyd Kreger Estate for vacation, sale and conveyance of a portion of Litchfield Avenue for $1,585.72 plus costs, to correct legal description, and recommending approval with City's retention of utility easement, be received, placed on file, and "Resolution fixing the time and place of hearing as December 17, 1979 on proposal to vacate, sell and convey a portion of Litchfield Avenue to B. Schultz and Company and the Lloyd Kreger Estate", adopted and Clerk instructed to publish notice of hearing. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26657. 77517 - Moved by Burton, seconded by Bowers that Change Order No. 1 for F.Y. 1980 Sidewalk Program, Contract No. 46, for additional work at an additional cost of $881.75, less a decrease in costs of $175.24, by U & I Construction Company, Inc., and Community Development Board's recommendation for approval, be received, placed on file, approved and Mayor and Clerk authorized to execute same. Ayes: Six. Absent: Getty. Motion carried. 77518 - Moved by Dowie, seconded by Penaluna that construction plans for paving and storm sewer facilities serving Bronson First Addition, as submitted by Wayne Claassen Engineer- ing & Surveying, Inc., and City Engineer's recommendation for approval, be received, placed on file and approv-4 Motion carried. M 'December 3, 1979 77519 - Moved by Wilharn west of and adj� on file, considE for passage at t been considered adoption. Ayes: 77520 - Moved by Burton, of and adjacent Absent: Getty. 3061. AON - -3- , seconded by Burton that "Ordinance vacating 10 foot alley lying cent to Lots 1 - 14, Block 14, Prospect Heights", be received, placed red and the rules requiring ordinances to be considered and voted on wo prior meetings, suspended, the above ordinance recorded as having and passed for the second and third times, and now placed on its final Six. Absent: Getty. Motion carried. seconded by Wilharm that "Ordinance vacating 10 foot alley lying west to Lots 1 - 14, Block 4, Prospect Heights", be adopted. Ayes: Six. Ordinance adopted and upon approval of Mayor Pro Tem, assigned No. 77521 - Moved by Penaluna, seconded by Wilharm that "Resolution authorizing the sale and con- veyance of 10 foot alley lying west of and adjacent to Lots 13 - 14, Block 4, Prospect Heights, for $87.50 plus costs, to Garry Donald and/or Sandra Rae Stuber, and directing and authorizing the Mayor and City Clerk to execute and deliver a Quit Claim Deed for said property", be adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26658. 77522 - Moved by Wilharm, seconded by Dowie that "An Ordinance establishing names for certain private streets within the City of Waterloo, Iowa", be received, placed on file, con- sidered and the rules requiring ordinances to be considered and voted on for passage at two prior meetings, 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: Getty. Motion carried. 77523 - Moved by Dowie, seconded by Wilharm that "An Ordinance establishing names for certain private streets within the City of Waterloo, Iowa", be adopted. Ayes: Six. Absent: Getty. Ordinance adopted and upon approval by Mayor Pro Tem, assigned No. 3062. 77524 - Moved by Penaluna, seconded by Bowers that statement for engineering services for Bishop Avenue Drainage Way, and City Engineer's recommendation for approval, be re- ceived, placed on file and "Resolution approving and accepting statement dated 10-1-79 from Schenk Engineering Company, for engineering services for Bishop Avenue Drainage Way and authorizing payment accordingly", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26659. 77525 - Moved by Dowie, seconded by Bowers that statement for engineering services for Carriage Hill Drainage Study, and City Engineer's recommendation for approval, be received, plac- ed on file and "Resolution approving and accepting statement dated 11-14-79 from Robin- son Engineering Company, for engineering services for Carriage Hill Drainage Study and authorizing payment accordingly", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26660. 77526 - Moved by Bowers, seconded by Dowie that statement for engineering services for Contract No. 12, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting statement dated 11-8-79 from Brice, Petrides & Associates, Inc., for engineering services for West Ridgeway Avenue Bridge Replacement Project, Contract No. 12 and authorizing payment accordingly", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26661. 77527 - Moved by Dowie, seconded by Bowers that statement for engineering services for Contract No. 99C, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting statement dated 11-8-79 from Brice, Petrides & Associates, Inc., for engineering services for Dry Run Creek Flood Control Works, Con- tract No. 99C and authorizing payment accordingly", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26662. 77528 - Moved by Penaluna, seconded by Wilharm that statement for laboratory services for Con- tract No. 99C, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting statement dated 11-9-79 from Twin City Testing and Engineering Laboratory, Inc., for laboratory services for Bontrager Park Flood Control, Contract No. 99C and authorizing payment accordingly", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26663. 77529 - Moved by Bowers, seconded by Penaluna that statement for laboratory services for Con- tract No. 165, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting statement dated 11-9-79 from Twin City Testing and Engineering Laboratory, Inc., for laboratory services for West Ridgeway Avenue Street Project, Phase II, Contract No. 165 and authorizing payment accordingly", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26664. December 3, 1979 -4- 77530 - Moved by Dowie, seconded by Penaluna that statement for engineering services for Con- tract No. 165, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting statement dated 11-8-79 from Brice, Petrides & Associates, Inc., for engineering services for West Ridgeway Avenue Street Project, Phase II, Contract No. 165 and authorizing payment accordingly", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26665. 77531 - Moved by Burton, seconded by Bowers that statement for engineering services for Con- tract No. 166, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting statement dated 11-13-79 from Schenk Engineering Company, for engineering services for F.Y. 1979 Paving Program I, Contract No. 166 and authorizing payment accordingly", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26666. 77532 - Moved by Penaluna, seconded by Burton that statement for engineering services for Contract No. 170, and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting statement dated 11-13-79 from Schenk Engineering Company, for engineering services for F.Y. 1979 Paving Program No. II, Contract No. 170 and authorizing payment accordingly", adopted. Ayes: Six. Absent: Getty. Resolution adopted and.upon approval by Mayor Pro Tem, assigned No. 26667. 77533 - Moved by Bowers, seconded by Wilharm that Recommendation of Acceptance and Completion Report for Contract No. 46, and City Engineer's recommendation for acceptance, be re- ceived, placed on file and "Resolution approving the Recommendation of Acceptance and Completion Report as to work and materials furnished by U & I Construction Company, Inc. for F.Y. 1980 Sidewalk Program, Contract No. 46, accepting the work and authorizing payment in full accordingly", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26668. 77534 - Moved by Wilharm, seconded by Bowers that Recommendation of Acceptance and Completion Report for Contract No. 85, and City Engineer's recommendation for acceptance, be re- ceived, placed on file and "Resolution approving the Recommendation of Acceptance and Completion Report as to work and materials furnished by Lehman Trucking & Excavating for Castle Hill Drainage Improvements, Phase I, Contract No. 85, accepting the work,and authorizing payment in full accordingly", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26669. 77535 - Moved by Dowie, seconded by Wilharm that "Resolution, Bills", be adopted. Ayes: Six. Absent: Getty, Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26670. 77536 - Moved by Burton, seconded by Bowers that communication from Community Development Board, transmitting a synopsis of input for use of Block Grant Sixth Year funding, and recommending it be directed to prepare preliminary activity and budget recommendations for the Sixth Year Community Development Block Grant application, to be reviewed at a public hearing to be held by Mayor Rooff at Conway Civic Center, January 10, 1980 at 7:00 P.M., be received, placed on file, recommendations approved and said Board instruc- ted and directed to proceed accordingly. Motion carried. 77537 - Moved by Dowie, seconded by Bowers that Contract and Bond for Contract No. 15, be re- ceived, placed on file and "Resolution approving Contract and Bond of Taylor-Isenhower, Inc. for Repairs to the Slope Protection Pavement for Mullan Avenue Bridge, Contract No. 15, in the amount of $12,575.00 ", adopted. Ayes: Six. Absent: Getty. Resolu- tion adopted and upon approval by Mayor Pro Tem, assigned No. 26671. 77538 - Moved by Burton, seconded by Bowers that communication from Police Chief, reporting retirement of Margaret Lemon effective 11/29/79, and entitlement of 24 days sick leave pay, be received, placed on file and "Resolution approving payment of $798.72 sick leave pay to Margaret Lemon of the Waterloo Police Department", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26672. 77539 - Council Members requested copies from now on, of letters submitted from the Water Works in regards to what was requested and what action taken in these matters. Moved by Bowers, seconded by Burton that communication from Waterloo Water Works Board, transmitting their resolution adopted 11/14/79, re stop the flow of water and prevent further damage at 112 Linden Avenue, together with statement of cost in the amount of $754.90 and waiver from John M. Gibbs, and Joan M. Gibbs, Owners, in compliance with City Ordinance No. 1118, be received, placed on file and "Resolution making assessment for stoppage of flow of water and prevention of further damage at 112 Linden Avenue", adopted. Ayes: Six. Absent: Getty. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 26673. -December 3, 1979 -5- 77540 - Moved by Penaluna, seconded by Bowers that following application for Beer Permits and Beer Liquor Licenses, be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer Permit Applications - Class B Daniel A. Smith dba Happy Joe's Pizza & Ice Cream Parlor, 2014 E. Ridgeway Ave. Class C Martin Oil Service, Inc., dba Martin Oil, 325 Franklin Street Beer Liquor License Applications - Class C Phyllis L. Nelson dba Eagles Nest, Inc., 360 E. Ridgeway Avenue Larst's Corporation dba Sutter's Mill, 141 Crossroads Center R.D.R. Motels, Inc., dba Twin Torch Inn, Inc., 300 W. Mullan Sunday Sales - Beer Permit Applications - Class B Daniel A. Smith dba Happy Joe's Pizza & Ice Cream Parlor, 2014 E. Ridgeway Ave. Class C Martin Oil Service, Inc. dba Martin Oil, 325 Franklin Street Sunday Sales - Beer Liquor License Applications - Class C Phyliss L. Nelson dba Eagles Nest, Inc., 360 E. Ridgeway Avenue Larst's Corporation dba Sutter's Mill, 141 Crossroads Center R.D.R. Motels, Inc., dba Twin Torch Inn, Inc., 300 W. Mullan Avenue Motion carried. 77541 - Moved by Wilharm, seconded by Bowers that application of Lemke & Williams, Inc. dba Waterloo Yellow Cab Company for one (1) additional taxicab license, together with insurance coverage and required fee, effective December 4, 1979, and expiring April 30, 1980, be received, placed on file and license granted. Motion carried. 77542 - Moved by Dowie, seconded by Penaluna that the following applications for taxicab driver's permits, be received, placed on file and granted: Daniel W. Clark, 604 Burton Avenue Terry Lee French, 447 Reed Street Jerry L. Schaefer, 215 W. 13th Street Motion carried. 77543 - Moved by Burton, seconded by Bowers that Rubble Disposal Bonds in the amount of $1,000.00 for operation of private land fills (dumps) in the following described locations in accordance with bonds, be received, placed on file, approved and permission granted: Claus Stricker - All that part of W 2 N.E. 4, lying S of old Hwy 20 & Nly of Hwy 20 - Sec. 9 T89 R13 John G. Miller - All that part of W 2 NE 4 lying S of old Hwy 20 & Nly of New Construction Co. Hwy 20 - Sec. 9 T89 R13 Motion carried. 77544 - Bob Albertson, 3024 Saratoga Drive, questioned if the Council had any answers on the petition that was submitted to Council in October requesting sidewalks on Park Lane. Discussed was the problem amongst the residence, as to which side of the street the side- walk should be put on. Albertson said the petition stated the south side. Discussed was Cresthaven school on the north side and Hoover on the south side. Don Temeyer of Plan & Program Commission said he would check on this further in regards to what dis- coveries were made in looking for monies, and will get in touch with Mr. Albertson. 77545 - Moved by Bowers, seconded by Dowie that report of City Attorney and list of bonds filed with Clerk through 12/3/79 be received, placed on file and report and bonds approved. Motion carried. 77546 - Moved by Burton, seconded by Dowie that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk December 3, 1979