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HomeMy WebLinkAbout10/09/1989October 9, 1989 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 October 9, 1989. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Angel, Buck, Budak, Brown. Absent: Fox, Wright. Invocation by: Mayor Bernard L. McKinley Pledge of Allegiance: Larry P. Burger, City Clerk/Auditor 94609 - Moved by Buck, seconded by Angel that the Agenda, as proposed, for the Regular Session on October 9, 1989, at 7:00 p.m. and the Minutes of the Regular Session on October 2, 1989, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 94610 - Moved by Budak, seconded by Dell 94611 - 94612 - 94613 - 94614 - that proof of publication of specifications, form of contract, Stage VII, West Fifth to Pumping the Waterloo Courier on September Motion carried. notice of public hearing on plans, etc., for F.Y. 1990 Intercity Interceptor, Station, Contract No. 377, as published in 22, 1989, be received and placed on file. HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Moved by Buck, seconded by Brown that "Resolution confirming the approval of plans, specifications, form of contract, etc., in conjunction with said project", be adopted. Ayes: Five. Absent: Fox, Wright. Resolution adopted and upon approval by Mayor assigned No. 1989-544. Moved Brown, seconded by Angel that "Resolution ordering construction", be adopted. Ayes: Five. Absent: Fox, Wright. Resolution adopted and upon approval by Mayor assigned No. 1989-545. Moved by Brown, seconded by Angel to receive, file and instruct Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (see CR 94641 of October 9, 1989): Bidder Barbarossa and Sons, Inc. Osseo, Minnesota McAninch Corporation Des Moines, Iowa Van Hauen-Keller Contractors, Inc. 5% West Des Moines, Iowa Winter Construction Company, Inc. 5% Pipestone, Minnesota Bid Bond 5% 5% Motion carried. HEARINGS Moved by Dell, seconded by Angel Bid Amount $1,933,999.08 $2,330,680.34 $2,046,880.00 $2,472,410.05 that proof of publication of notice of public hearing on request of Lockard Development, Inc. to rezone from "R-2" One and Two Family Residence District to "C-2" Commercial District property located between Fletcher (formerly Cleveland Street) and Howrey Avenues, south of Janney Avenue, as published in the Waterloo Courier on September 22, 1989, be received and placed on file. Motion carried. October 9, 1989 Page 2 Hearings - continued 94615 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Bob Stevenson, City Planner, stated that the Planning, Programming and Zoning Commission had recommended approval of the request based upon the project's compliance with the land use policy plan and the future use of this area according to the long-range land use plan. A concerned resident, residing at the intersection of Janney and Howrey Avenues, stated her objection to the rezoning based upon the gang of kids that congregate at the current convenience store location. Delores Guhl, 1208 Howrey Avenue, opposed the rezoning request. She reported that there are currently problems with the car wash and the convenience store and that the property has not been properly taken care of. She also reported that Lots 5 and 16 in the proposed block to be rezoned are currently being used as commercial even though they are zoned residential. She also commented that her property has been devalued. She suggested that a conditional rezoning request be submitted by the property owners, thus allowing for some control by property owners. Ken Lockard, representing the owners of the property, stated that the proposed uses for the area would be as defined in the "C-2" Commercial Zoning classification. He also reported that with the new four lane facility adjacent to the property, the land is conducive for commercial development. He also stated that he would not be interested in rezoning the property to "C -Z" Conditional Zoning due to the time constraints on resubmitting of this proposal and the necessary approval required by the City Council and the Planning, Programming and Zoning Commission. Mr. Lockard reported that he would be willing to work with the neighborhood residents to review the "C-2" Commercial Zoning classification with neighborhood input. Moved by Brown, seconded by Dell that the petition of objection representing 57 percent of the property owners and that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments, be received and placed on file. Motion carried. 94616 - Moved by Brown, seconded by Dell that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 256 to Section 2A-5, Rezoning Certain Property", be tabled until six (6) Councilpersons are present. Motion carried. 94617 - Moved by Angel, seconded by Buck that proof of publication of notice of public hearing on request of Dick Witham Crossroads Ford to vacate, sell and convey the easterly fifteen (15) feet of LaPorte Road adjoining their property, as published in the Waterloo Courier on September 22, 1989, be received and placed on file. Motion carried. 94618 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Moved by Brown, seconded by Budak that the hearing be closed and the recommendation of approval of the. Planning, Programming and Zoning Commission, be received and placed on file. Motion carried. 94619 - Moved by Budak, seconded by Angel that "an Ordinance vacating the easterly fifteen (15) feet of LaPorte Road adjoining Dick Witham Crossroads Ford", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Fox, Wright. Motion carried. October 9, 1989 Page 3 Hearings - continued 94620 - Moved by Buck, seconded by Brown that proof of publication of notice of public hearing on request of Johnson's Bakery, Inc. to vacate, sell and convey the southerly four (4) feet of Wellington Court adjoining their property, as published in the Waterloo Courier on September 22, 1989, be received and placed on file. Motion carried. 94621 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Moved by Dell, seconded by Angel that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 94622 - Moved by Buck, seconded by Budak that "an Ordinance vacating the southerly four (4) feet of Wellington Court", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Fox, Wright. Motion carried. 94623 - Moved by Budak, seconded by Dell that proof of publication of notice of public hearing on request of Gary Bertch to vacate the platted utility easements on Tracts J and K in Cedar Crest, as published in the Waterloo Courier on October 3, 1989, be received and placed on file. Motion carried. 94624 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Moved by Buck, seconded by Angel that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 94625 - Moved by Brown, seconded by Dell that "an Ordinance vacating the platted utility easements on Tracts J and K in Cedar Crest", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Fox, Wright. Motion carried. PETITIONS FROM PUBLIC 94626 - Moved by Budak, seconded by Buck that communication from City Planner transmitting minor site plan amendment request of Bonanza Family Steakhouse located at 2027 Crossroads Boulevard for a 17' x 59' addition to existing building, together with recommendation of approval of the Planning, Programming and Zoning staff, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Fox, Wright. Resolution adopted and upon approval by Mayor assigned No. 1989-546. REPORTS 94627 - Moved by Angel, seconded by Brown that communication from Clerk/Auditor transmitting Fiscal Year 1989 Financial Report to be filed with the Auditor of the State of Iowa, be received, placed on file and "Resolution approving said report", be adopted. Ayes: Five. Absent: Fox, Wright. Resolution adopted and upon approval by Mayor assigned No. 1989-547. October 9, 1989 Page 4 Reports - continued 94628 - Moved by Angel, seconded by Brown that communication from Budget/Analyst transmitting the City of Waterloo Municipal Sanitary Sewage Utility Financial Statements and Supplemental Information for F.Y. 1989 be received and placed on file. Motion carried. DOCUMENTS 94629 - Moved by Buck, seconded by Brown that communication from Transportation Program Manager transmitting Certification of Completion and Final Acceptance of Agreement Work for work performed by the Waterloo Water Works in conjunction with Independence Avenue, IX -6600(2)--79-07, together with recommendation of approval, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Fox, Wright. Resolution adopted and upon approval by Mayor assigned No. 1989-548. 94630 - Moved by Buck, seconded by Brown that communication from City Engineer transmitting Change Order No. 1 for a net increase of $1,800.00 for work to be performed by Hurst & Sons Contractors, Inc. in conjunction with F.Y. 1989 Black Hawk Road Storm Sewer Improvements, Contract No. 378, be received, placed on file and approved and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 94631 - Moved by Buck, seconded by Brown that communication from Transportation Program Manager transmitting an Addendum to Predesign Agreement with the Iowa Department of Transportation for construction of storm sewers in conjunction with Relocated U.S. 218, IX -218-7(59, 60, 78)--3P-07, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Fox, Wright. Resolution adopted and upon approval by Mayor assigned No. 1989-549. 94632 - Moved by Buck, seconded by Brown that communication from City Engineer transmitting Detour Agreement with the Iowa Department of Transportation in conjunction with F.Y. 1990 Intercity Interceptor, Stage VII, West Fifth to Pumping Station, Contract No. 377, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Fox, Wright. Resolution adopted and upon approval by Mayor assigned No. 1989-550. 94633 - Moved by Buck, seconded by Brown that communication from City Engineer transmitting Change Order No. 1 for no cost change for work to be performed by E. B. Spencer Engineering Company in conjunction with F.Y. 1989 Water Pollution Control Plant Improvements, Phase I, Contract No. 372, be received, placed on file and approved and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 94634 - Moved by Buck, seconded by Brown that communication from Assistant City Engineer transmitting Change Order No. 1 for a net increase of $1,365.00- for work to be performed by Rampart Corporation in conjunction with F.Y. 1989 Independence Avenue Area Storm Sewer Improvements - Phase 2, Contract No. 373, be received, placed on file and approved and Mayor and Clerk/Auditor authorized to execute same. Motion carried. October 9, 1989 Page 5 ORDINANCES TO BE ADOPTED 94635 - Mo"ed by Dell, seconded by Angel that "an Ordinance vacating City sidewalk in the vicinity of West Parker and David Streets, be received, placed on file, considered and passed for the second time. Ayes: Five. Absent: Fox, Wright. Motion carried. 94636 - Moved by Angel, seconded by Budak that "an Ordinance vacating a portion of sidewalk adjoining property at 1230 Avon Avenue", be received, placed on file, considered ana passed for the second time. Ayes: Five. Absent: Fox, Wright. Motion carried. BILLS PAYMENT 94637 - Moved by Angel, seconded by Brown that "Resolution approving Schedule A918, pp. 1-58, in the amount of $2,054,382.94 and Schedule W900, pp. 1-3, in the amount of $123,344.89, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Five. Absent: Fox, Wright. Resolution adopted and upon approval by Mayor assigned No. 1989-551. Travel Requests 94638 - Moved by Buck, seconded by Budak that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Rick Tagtow, Director of Parks, to attend American Forestry Association Fourth Urban Forestry Conference in St. Louis, Missouri on October 15-19, 1989, with costs not to exceed $540.00, including the use of City vehicle. 2. James Cain, Fire Marshal, and James Eggleston, Fire Inspector, to attend annual Hawkeye State Fire Safety Association Fall Conference in Des Moines, Iowa, on October 18-20, 1989, with costs not to exceed $300.00 each, including the use of City vehicle. 3. Larry Schoer, Fire Lieutenant, to attend National Fire Academy in Emmitsburg, Missouri, on October 15-27, 1989, with costs not to exceed $161.40. 4. Duane Foutch, Police Identification Officer, to attend Lasers and Alternative Light Sources in Detecting Physical Evidence Seminar in Orlando, Florida, on November 7-10, 1989, with costs not to exceed $930.00. 5. Larry P. Burger, Iowa Municipal Finance Officer, to attend Fall Iowa Municipal Finance Officers meeting in Des Moines, Iowa, on October 18-20, 1989, with costs not to exceed $223.00. 6. James Boyd, Human Rights Specialist, to attend NAHRW Conference in Phoenix, Arizona, on October 19-25, 1989, with costs not to exceed $663.08. Motion carried. MISCELLANEOUS 94639 - Moved by Buck, seconded by Budak that the following beer and liquor licenses be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and cigarette license application and application for haunted house be received, placed on file and approved: October 9, 1989 Page 6 Miscellaneous - continued 1. Beer License Application Class B Metro 66, 821 Broadway (New) (Expires 11/1/90) (Includes Sunday Sales) Fast Track, 1622 University Avenue (Renewal) (Expires 11/16/90) (Includes Sunday Sales) 2. Beer & Wine License Application Class E Dash In, 3016 Marnie (Renewal) (Expires 10/15/90) (Includes Sunday Sales) Quik Trip #532, 1104 Washington (Renewal) (Expires 11/14/90) (Includes Sunday Sales) Stokes P & P, 1027 East 4th Street (Renewal) (Expires 11/2/90) (Includes Sunday Sales) S -Mart, 1611 East 4th Street (Renewal) (Expires 11/13/90) (Includes Sunday Sales) Kimball Ridge Grocery, 2206 Kimball Avenue (Renewal) (Expires 11/13/90) (Includes Sunday Sales) Cigarette License Application One (1) Application for Haunted House Waterloo Jaycees at Wittier School, 416 Sullivan Avenue, October 20-22 and October 27-31, 1989, between the hours of 6:00 p.m. and midnight Motion carried. BONDS 94640 - Moved by Buck, seconded by Angel that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through October 9, 1989, be received, placed on file and approved and report and bonds approved. Motion carried. 94641 - Eric Thorson, City Engineer, asked that the award of contract for F.Y. 1990 Intercity Interceptor, Stage VII, West Fifth to Pumping Station, Contract No. 377, be delayed for one week. He reported that the low bidder has exceeded the minority participation of 3 percent and the female goal of 1 percent with a 4.04 percent and 1.1 percent respectively. (See CR 94613 of October 9, 1989.) ORAL PRESENTATIONS 94642- Shirley Koslowski, 816 Archer Avenue, thanked the Mayor and the City of Waterloo for her recent recognition at the Mayor's Volunteer Luncheon. She stated that she is always willing to serve the City of Waterloo in whatever capacity. Mayor McKinley stated that the local United Way is attempting to raise an additional $20,000 for victims of Hurricane Hugo along the Eastern Seaboard. Anyone wishing to donate should do so through the United Way. Carl Smith, 1717 Dale Street, stated that additional street lights are needed in the Gates Park area near his residence. He stated that this past weekend, a lady came to his door, a possible rape victim. This item was referred to the Park Department and Police Department for further investigation. Councilperson Angel presented a petition of residents in the Sherwood Park area requesting that their street be repaired for damage caused by heavy equipment and trucks during the construction of Relocated Highway 218. She asked that she be informed of progress on this issue. Moved by Buck, seconded by Brown that the above comments be received and placed on file and that the Council meeting be adjourned. Motion carried. Larry P. Burger City Clerk/Auditor