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HomeMy WebLinkAbout12/10/90The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 7:00 p.m. on December 10, 1990. Mayor Bernard L. McKinley. in the Chair. Roll Call: Dell, Fox, Angel, Wright, Budak, Brown. Absent: Buck. Invocation by: Councilperson Willie Mae Wright Pledge of Allegiance: Troop 52 --Kevin Alexander, Eddie Alexander, Tony Schoepske, Aaron Alexander 96683 - Moved by Angel, seconded by Budak that the Agenda, as proposed, for the Regular Session on December 10, 1990, at 7:00 p.m. and the Minutes of the Regular Session on November 26, 1990, at 7:00 p.m., and the Special Session on November 28, 1990, at 11:00 a.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 96684 - Moved by Wright, seconded by Angel that proof of publication of notice of public hearing on plans, specifications, form of contract, etc., for the F.Y. 1991 Big Rock Road Paving, Contract No. 395, as published in the Waterloo Courier on November 16, 1990, be received and placed on file. Motion carried. 96685 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 96686 - 96687 - 96688 - Moved by Brown, seconded by Wright that "Resolution confirming the approval of plans, specifications, form of contract, etc., in conjunction with said project", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-662. Moved by Angel, seconded by Dell that "Resolution ordering construction", be Buck. adopted. Ayes: Six. Absent: Resolution adopted and upon approval by Mayor assigned No. 1990-663. Moved by Budak, seconded by Wright to receive, file and instruct Clerk/Auditor to open City Engineer for review and recommendation (award 1990): Bidder Allied Construction Co., Inc., Charles City, IA Cedar Valley Corporation, Waterloo, IA Motion carried. Moved by Fox, seconded by Budak that proof of publication of notice of public form of contract, etc., for the Interior Library, as published in the Waterloo Courier and placed on file. Motion carried. 96689 - HOLD HEARING --This being the time and place of for written and oral objections and there were Moved by Wright, seconded by Brown that "Resolution confirming the approval of contract, etc., in conjunction with said Six. Absent: Buck. and read bids and refer to delayed until December 17, Bid Bond 5% 5% Bid Amount $420,137.59 $409,176.10 hearing on plans, specifications, Renovation of Former East Side on November 16, 1990, be received public hearing, the Mayor called none. plans, specifications, form of project", be adopted. Ayes: Resolution adopted and upon approval by Mayor assigned No. 1990-664. December 10, 1990 Page 2 Hearings and Bids - continued 96690 - Moved by Brown, seconded by Fox that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-665. 96691 - Moved by Dell, seconded by Wright to receive, file and instruct Clerk/Auditor to open and read bids and refer to Architect for review and recommendation (see CR 96743 for rejection of bids): Bidder Bid Bond Bid Amount Cardinal Construction Co., Waterloo, IA 5% $534,500.00 Don Gardner Construction Co., Waterloo, IA 5% $529,991.00 Chuck Heene Construction, Evansdale, IA 5% $530,119.00 Hoff Construction Company, Waterloo, IA 5% $536,070.00 Jorgensen Construction, Inc., Cedar Falls, IA 5% $545,088.00 Larson Construction Co., Inc., Independence, IA 5% $571,500.00 Lockard Construction, Inc., Waterloo, IA 5% $545,683.00 Prairie Construction Co., Inc., Waterloo, IA 5% $539,439.00 Motion carried. HEARINGS 96692 - Moved by Angel, seconded by Budak that proof of publication of notice of public hearing on request of Scott Van Dorn to rezone from "R-2" One and Two Family Residence District to "C -Z" Conditional Zoning property located at 922 Forest Avenue to operate a car cleaning business, as published in the Waterloo Courier on November 23, 1990, be received and placed on file. Motion carried. 96693 - 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 a petition and letters of opposition had been received from owners of property lying within 250 feet of the request representing 29.8 percent. An additional petition and letters from 30.6 percent of the property owners lying within 250 feet of the request was submitted stating that they are not opposed to the request. The Planning, Programming and Zoning Commission voted to recommend denial of this request with one abstention, thus requiring a three-fourths favorable vote of the City Council for approval. James Wells, 924 Forest Avenue, stated that he was against the request based upon the noise the operation creates and the smallness of the lots in the area. He stated that Mr. Van Dorn, who works for Reed Cadillac -Oldsmobile, shows no civic responsibility and urged that the operation be done at Reed's site. He also challenged Reed's statement that there is only one car per day that Mr. Van Dorn cleans. He has on occasion seen more than one car during a day. He stated that Reed Cadillac -Oldsmobile business has a cheap and shoddy way of doing business in the City. Applicant Scott Van Dorn, 922 Forest Avenue, stated that he has made arrangements with Reed Cadillac -Oldsmobile to wash engines at their location and bring them home only to wax and vacuum. He stated that this would cause much less disturbance in the neighborhood for a business operation that he uses only to supplement his regular income. Wayne Vickery, 1021 Forest Avenue, objected to the request. He stated that he was not so much disturbed by this request, but against rezoning in general. He cited several rezoning requests that have been initiated in the neighborhood and all have been defeated. He argued that this is a residential area and should not be used for commercial purposes such as the one being proposed by Mr. Van Dorn. He stated that the neighborhood is family oriented and should remain as such. ''`� December 10, 1990 Hearings - continued Moved by Brown, seconded by Wright Page 3 that the hearing be closed and the petition of objection and petition in favor and the recommendation of denial of the Planning, Programming and Zoning Commission and oral and written comments, be received and placed on file. Motion carried. 96694 - Moved by Budak, seconded by Dell that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 29 to Section 2A -7N, Conditional Zoning Certain Property", be received, placed on file, and denied. Ayes: Six. Absent: Buck. Motion carried. 96695 - Moved by Dell, seconded by Wright that proof of publication of notice of public hearing on request to rezone from "U-1" Unclassified District to "R-2" One and Two Family Residence District property generally located along the west side of Cedar Bend Street, between Virginia and Walker Streets, as published in the Waterloo Courier on November 23, 1990, be received and placed on file. Motion carried. 96696 - 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 Angel 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. 96697 - Moved by Angel, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 260 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. 96698 - Moved by Angel, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Buck. Motion carried. 96699 - Moved by Wright, seconded by Angel that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Six. Absent: Buck. Motion carried. 96700 - Moved by Fox, seconded by Brown that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 260 to Section 2A-5, Rezoning Certain Property", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3753. 96701 - Moved by Budak, seconded by Brown that proof of publication of notice of public hearing on request of Beth A. Ehrlich to vacate the platted easement located at 1922 Maynard Avenue, as published in the Waterloo Courier on November 23, 1990, be received and placed on file. Motion carried. December 10, 1990 Page 4 Hearings - continued 96702 - 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 Wright 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. 96703 - Moved by Wright, seconded by Dell that "an Ordinance vacating the platted easement located at 1922 Maynard Avenue", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. 96704 - Moved by Brown, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Buck. Motion carried. 96705 - Moved by Fox, seconded by Wright that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Six. Absent: Buck. Motion carried. 96706 - Moved by Budak, seconded by Wright that "an Ordinance vacating the platted easement located at 1922 Maynard Avenue", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3754. 96707 - Moved by Brown, seconded by Wright that proof of publication of notice of public hearing on an Ordinance amending Zoning Ordinance No. 2479, as amended by repealing Subsection (32) Day Nursery or Nursery School of 2A-3, Definitions, of Part III; and enacting in lieu thereof new Subsection (32) Day Care; adding Subsection (7) Day Care Services to Subsection B, Accessory Uses, of 2A-11, Regulations, of Part VII, "R-1" Residence District; and by repealing Subsection (5) of Subsection A, Principal Permitted Uses, of 2A-17, Regulations, of Part IX, "R-3" Multiple Residence District; and by enacting in lieu thereof a new Subsection (5) of Subsection A, Principal Permitted Uses, of 2A-17, Regulations, of Part IX, "R-3" Multiple Residence District (day care services), as published in the Waterloo Courier on November 23, 1990, be received and placed on file. Motion carried. 96708 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Mayor McKinley stated that with the able assistance of a volunteer Child Day Care Committee, this proposed ordinance is now brought before the Council for their review. Thanks to their many hours of hard work, this ordinance addresses critical issues concerning child care in residential areas. Joanne Lane, Childcare Coordinator, stated that the proposed ordinance is in compliance with the Code of Iowa and permits day care services to operate with no more than 16 children in a 24 hour period. No day care service can be located within 300 feet of another day care service; however, all current day care services are grandfathered in. Bob Stevenson, City Planner, stated that any variance to the ordinance will be heard by the Board of Adjustment, including distance between proposed uses. Mayor McKinley thanked everyone involved, including staff for their many hours of work on this ordinance. December 10, 1990 Page 5 Hearings - continued Moved by Wright, seconded by Dell 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. 96709 - Moved by Dell, seconded by Angel that "an Ordinance amending Zoning Ordinance No. 2479, as amended by repealing Subsection (32) Day Nursery or Nursery School of 2A-3, Definitions, of Part III; and enacting in lieu thereof new Subsection (32) Day Care; adding Subsection (7) Day Care Services to Subsection B, Accessory Uses, of 2A-11, Regulations, of Part VII, "R-1" Residence District; and by repealing Subsection (5) of Subsection A, Principal Permitted Uses, of 2A-17, Regulations, of Part IX, "R-3" Multiple Residence District; and by enacting in lieu thereof a new Subsection (5) of Subsection A, Principal Permitted Uses, of 2A-17, Regulations, of Part IX, "R-3" Multiple Residence District (day care services)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. 96710 - Moved by Fox, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Buck. Motion carried. 96711 - Moved by Budak, seconded by Brown that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Six. Absent: Buck. Motion carried. 96712 - Moved by Fox, seconded by Wright that "an Ordinance amending Zoning Ordinance No. 2479, as amended by repealing Subsection (32) Day Nursery or Nursery School of 2A-3, Definitions, of Part III; and enacting in lieu thereof new Subsection (32) Day Care; adding Subsection (7) Day Care Services to Subsection B, Accessory Uses, of 2A-11, Regulations, of Part VII, "R-1" Residence District; and by repealing Subsection (5) of Subsection A, Principal Permitted Uses, of 2A-17, Regulations, of Part IX, "R-3" Multiple Residence District; and by enacting in lieu thereof a new Subsection (5) of Subsection A, Principal Permitted Uses, of 2A-17, Regulations, of Part IX, "R-3" Multiple Residence District (day care services)", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3755. UNFINISHED BUSINESS 96713 - Moved by Wright, seconded by Angel that communication from Clerk/Auditor transmitting recommendation to reject all bids for the concrete replacement and patio repair at Five Sullivan Brothers Convention Center, be received, placed on file and approved (see CR 96630 of November 19, 1990 for bid tabulation). Motion carried. 96714 - Moved by Brown, seconded by Fox that the site plan amendment for property generally located between Fletcher and Howrey Avenues south of Janney Avenue to construct a temporary 60' x 60' parking lot west of the existing driveway on Fletcher Avenue for the sale of used cars--Lockard Development (see CR 96626, November 19, 1990), be brought back to the table for reconsideration. Ayes: Five. Nays: Budak. Absent: Buck. Motion carried. December 10, 1990 Page 6 Unfinished Business - continued 96715 - Max Kirk, attorney representing Lockard Development, stated that the proposed change in site plan would allow for a storage of vehicles in conjunction with a used car dealership on property zoned "C-2" Commercial District at the intersection of University and Fletcher Avenues. At the time the Council considered the Conditional Zoning request (November 19, 1990), a recommendation of approval was granted by the Planning, Programming and Zoning Commission with several conditions. He stated that the Council should not act in a legislative capacity but must demand compliance with the law. Councilperson Budak stated that from the beginning, neighbors were promised that the proposed use of the property would conform to the site plan, and that this request does not so conform. Councilperson Angel agreed with Councilperson Budak's assessment. Mr. Kirk stated that a lawsuit concerning this issue could be filed pending the action of the Council. He reminded the Council that the request included a sunset on December 31, 1991. Councilperson Dell stated that in the future, requests for Conditional Zoning will be looked at more closely so that similar situations do not happen. Sang -Ki Han, Assistant City Attorney, stated that the Council had no choice but to legally approve the minor site plan change. Bob Stevenson, City Planner stated that the Planning, Programming and Zoning Commission had recommended approval with four conditions as follows: 1) Approved hard -surfacing of the parking lot by the City Engineer, 2) Approved drainage plan of the entire site in conjunction with the hard -surfacing of the parking lot, 3) Screening of the parking lot from adjoining residences and no parking lot lights to be installed, and 4) That continued use of the car lot beyond December 31, 1991 be resubmitted for approval by the Planning Commission and City Council. Jo Ann Mineff, 405 Howrey Avenue, questioned whether the car dealership had signed a five year lease prior to the rezoning of the property. This question could not be answered by anyone present at the meeting. Delores Guhl, 1208 Howrey Avenue, spoke against the rezoning request and stated that she was tired of Lockard not properly caring for the property. Another neighbor in the area spoke against the request and indicated that the neighborhood is deteriorating and did not wish to have it deteriorate further by such a development. Charles Clute, 821 Meadow Lane, spoke against the request and asked whether this rezoning request had any similarities to the Flowerama request at the corner of Kimball and Ridgeway Avenues. It was stated that there are some similarities between these requests. Moved by Brown, seconded by Dell that the site plan amendment for property generally located between Fletcher and Howrey Avenues south of Janney Avenue to construct a temporary 60' x 60' parking lot west of the existing driveway on Fletcher Avenue for the sale of used cars--Lockard Development, be reconsidered. Ayes: Dell, Fox, Brown. Nays: Angel, Wright, Budak. Absent: Buck. Motion not carried and the decision of November 19, 1990 stands. PETITIONS FROM PUBLIC 96716 - James Ishman, 1029 Wilbur Avenue, asked what action the Council would take on this petition. City Engineer Eric Thorson stated that the petition would be received and filed and cost estimates prepared for possible inclusion in a future paving program. Although the petition does not indicate, Mr. Ishman reported that all property owners have agreed to pay for their assessment at no City costs. December 10, 1990 Petitions from Public - continued Page 7 Moved by Budak, seconded by Brown that communication from Senior Draftsman transmitting petition requesting the paving of the 1100 and 1200 blocks of Janney Avenue (from Wilbur Avenue to Ansborough Avenue), be received and placed on file. Motion carried. DOCUMENTS 96717 - Moved by Brown, seconded by Wright that communication from City Planner transmitting an application for Harvey R. Bauman for tax abatement for property located at 1608 Jefferson Street in the Black Hawk Street Urban Revitalization Area Plan, together with recommendation of approval, be received, placed on file and "Resolution approving said tax abatement", be adopted and Clerk/Auditor instructed to notify the County Treasurer of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-666. 96718 - Moved by Brown, seconded by Wright that communication from Traffic Operations Superintendent transmitting maintenance agreement with Allen Memorial Hospital for the pedestrian signal on West Donald Street, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-667. 96719 - Moved by Brown, seconded by Wright that communication from Assistant City Engineer transmitting an Application to Perform Work Within State Highway Right -of -Way for the proposed reconstruction of a portion of Iowa Highway 281 (Independence Avenue) at the intersection of North Elk Run Road in conjunction with the North Elk Run Road project, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned no. 1990-668. 96720 - Moved by Brown, seconded by Wright that communication from Assistant City Engineer transmitting Change Order No. 1 for a net increase of $4,856.90 for work performed by Rampart Corporation in conjunction with F.Y. 1991 Independence Avenue Area Storm Sewer Improvements - Phase 3, Contract No. 393, be received, placed on file and approved and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 96721 - Moved by Brown, seconded by Wright that communication from Transportation Program Manager transmitting recommendation of award of contract to Specialty Roofing of Waterloo, Iowa, in the amount of $375.00 for snow removal on Interstate Substitution properties, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-669. 96722 - Moved by Brown, seconded by Wright that communication from Assistant City Engineer transmitting Completion Report and Recommendation of Acceptance of Work performed by Borwig Building Service in conjunction with F.Y. 1991 Sidewalk Repair Block Grant Program - Zone 2, Contract No. 398, together with recommendation of approval, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-670. December 10, 1990 Page 8 Documents - continued 96723 - Moved by Brown, seconded by Wright Communication from Assistant City Engineer transmitting Maintenance Bond from Borwig Building Service for the F.Y. 1991 Sidewalk Repair Block Grant Program - Zone 2, Contract No. 398, be received, placed on file and approved. Motion carried. 96724 - Moved by Brown, seconded by Wright that communication from City Engineer transmitting agreement for inspection of bridges with Brice, Petrides -Donohue in the amount of $37,300, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-671. RESOLUTIONS TO BE ADOPTED 96725 - Moved by Budak, seconded by Wright that "Resolution approving acquisition contract payments and accepting of deeds for real property for Parcel No. 1019 (Steve & Kelly Horstman) and Tract "A" (Marie E. Tunis) in conjunction with Greenhill/Sager Construction Project, IX -6560(2)--79-07", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-672. 96726 - Moved by Budak, seconded by Wright that "Resolution authorizing and directing the Clerk/Auditor to destroy certain records and paper", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-673. 96727 - Moved by Budak, seconded by Wright that "Resolution authorizing and providing for the issuance and securing the payment of $4,125,000 Sewer Revenue Bonds, Series 1990, of the City of Waterloo, Iowa, and providing for a method of payment of said bonds", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-674. 96728 - Moved by Budak, seconded by Wright that "Resolution transferring from the General Fund the sum of $26,421.43 to the Special Assessment Bond Fund", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-675. ORDINANCES TO BE ADOPTED 96729 - Moved by Budak, seconded by Brown that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsections (2) and (6) of Section 34-43, Determination of Rates and Charges, of Chapter 34, Utilities; and by enacting in lieu thereof new Subsections (2) and (6) of Section 34-43, Determination of Rates and Charges, of Chapter 34, Utilities; and by adding a new Subsection (7) to Section 34-43, Determination of Rates and Charges, of Chapter 34, Utilities (sewer rates)", be received, placed on file, considered and passed for the third time. Ayes: Four. Nays: Angel, Wright. Absent: Buck. Motion carried. December 10, 1990 Page 9 Ordinances to be Adopted - continued 96730 - Moved by Fox, seconded by Brown that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsections (2) and (6) of Section 34-43, Determination of Rates and Charges, of Chapter 34, Utilities; and by enacting in lieu thereof new Subsections (2) and (6) of Section 34-43, Determination of Rates and Charges, of Chapter 34, Utilities; and by adding a new Subsection (7) to Section ,34-43, Determination of Rates and Charges, of Chapter 34, Utilities (sewer rates)", be adopted. Ayes: Four. Nays: Angel, Wright. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3756. BILLS PAYMENT 96731 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-61, in the amount of $1,576,511.34, dated December 3, 1990 and Schedule A918, pp. 1-42, in the amount of $619,139.25, dated December 10, 1990, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Five. Absent: Buck. Abstain: Budak. Resolution adopted and upon approval by Mayor assigned No. 1990-676. NEW BUSINESS 96732 - Moved by Wright, seconded by Budak that communication from Waterloo Water Works General Manager transmitting proposed budget for the Waterloo Water Works for calendar year 1991, together with recommendation of approval of the Board of Trustees, be received, placed on file and "Resolution setting date of hearing as December 17, 1990, at 7:00 p.m. in the City Hall Council Chambers on the above described proposed budget", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-677. 96733 - Moved by Wright, seconded by Budak that communication from Mayor Bernie McKinley transmitting recommendation of reappointment of Michael L. Christiason to the Board of Adjustment for another five year term, with term expiration date of December 8, 1995, be received, placed on file and approved. Motion carried. 96734 - Moved by Wright, seconded by Budak that communication from Mayor Bernie McKinley transmitting recommendation of reappointment of Russell Burt, Janet Walden, Timothy Ament and Charles Reed to the Cablevision Commission for another three year term, with term expiration date of December 1, 1993, be received, placed on file and approved. Motion carried. 96735 - Moved by Wright, seconded by Budak to instruct Community Development Administrator to prepare plans, specifications, form of contract, etc., for the F.Y. 1991 Rath Demolition Project (Phase I), Cohtract No. 4-91(D), be received, placed on file and approved. Motion carried. 96736 - Moved by Wright, seconded by Budak the plans, specifications, form of contract, etc., for the F.Y. 1991 Rath Demolition Project (Phase I), Contract No. 4-91(D), be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-678. December 10, 1990 Page 10 New Business — continued 96737 - Moved by Wright, seconded by Budak that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as January 7, 1991 at 7:00 p.m. in the City Hall Council. Chambers", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-679. 96738 - Moved by Wright, seconded by Budak that communication from Mayor Bernie McKinley transmitting recommendation of appointment of John E. (Jack) Geist to the Community Development Board, effective immediately with term expiration date of March 1, 1996, be received, placed on file and approved. Motion carried. Travel Requests 96739 - Moved by Angel, seconded by Wright that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Michelle Temeyer, Deputy Clerk/Auditor, to attend How to be the Best Boss Seminar in Cedar Rapids, Iowa, on January 9, 1991, with costs not to exceed $126.50. 2. Sam Webb, Fire Fighter, and Pat Vollbrecht, Fire Lieutenant, to attend 1990 EMS Convention and Trade Show in Des Moines, Iowa, on December 8, 1990, with costs not to exceed $150.00, including the use of City vehicle. Motion carried. MISCELLANEOUS 96740 - Moved by Angel, seconded by Wright that the following beer and liquor license permit applications, be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: 1. Beer License Permit Application Class C Vickers, 515 Broadway (Renewal) (Expires 12/7/91) (Includes Sunday Sales) 2. Beer & Liquor License Permit Application Class C Mexikelly, 801 Commercial Street (Renewal) (Expires 12/13/91) (Includes Sunday Sales) North Bank Cafe, 722 Water Street (Renewal) (Expires 12/3/91) (Includes Sunday Sales) Motion carried. BONDS 96741 - Moved by Angel, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through December 10, 1990, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 96742 - Anna Mae Weems, 635 Independence Avenue, thanked the Mayor and Councilperson Dell for their assistance at a recent Urban Potential Seminar. She also thanked the Police Department and the Chief for their work in the community. December 10, 1990 Page 11 Oral Presentations - continued In spite of all the work of City officials, she commented that a problem still exists with the railroad tracks on East Fourth Street and the length of time that the intersection is blocked, possibly two to three hours at a time. She questioned what the City was doing to alleviate this problem. Don Temeyer, Planning and Development Director, stated that with the recent announcement of funding for the Sixth Street Extension with demonstration funds from the federal government, an alternative pedestrian access will be provided. Even though a pedestrian overpass is programmed for 1993 in the Capital Improvements Program, such an overpass and necessary acquisition would undoubtedly force the railroad to move from the location, which would not be advantageous to the area. The City will continue to work with the railroad and advise them of these delays. Euguene Weems, 635 Independence Avenue, complained about the noise created by the railroads. L.C. Hennessey, 319 Belmont Avenue, commented about several actions the City Council has recently taken. Councilperson Angel requested a listing of all current members of City Boards and Commissions. 96743 - It was the recommendation of the Planning and Development Director that the bids for the East Side Library Renovation Project (see CR 96691) be rejected due to bid costs being approximately $100,000 more than the estimated costs. Moved by Budak, seconded by Wright that bids on the East Side Library Renovation Project, be rejected and bidders notified accordingly. Motion carried. ADJOURNMENT 96744 - Moved by Brown, seconded by Wright that the City Council adjourn at 8:20 p.m. and the above oral comments be received and placed on file. Motion carried. Larry P. Burger City Clerk/Auditor