Loading...
HomeMy WebLinkAbout11/16/81November 16, 1981 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 November 16, 1981. Mayor Rooff in the Chair. On Roll Call: Present: Getty, Roehr, Wilharm, Bowers, Burton. Absent: Penaluna, Dowie. Invocation by Councilman Wilharm. 81408 Moved by Roehr, seconded by Wilharm that the Agenda as amended, for the Regular Session of November 16, 1981, at 7:00 P.M., be accepted and approved. Motion carried. 81409 Moved by Wilharm, seconded by Getty that the minutes of the Special Session held October 15, 1981 at 11:15 A.M. be approved. Motion carried. 81410 Moved by Burton, seconded by Bowers that the minutes of the Regular Session held November 9, 1981 at 7:00 P.M. be approved. Motion carried. HEARING & BIDS 81411 - Moved by Roehr, 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 construction of the F.Y. 1982 Pinehurst Drainage Improvements, Schedule I, Contract No. 228 as published in the Waterloo Courier on November 6, 1981 be received and placed on file. Motion carried. 81412 HOLD HEARING - This being the time and place to hold hearing the Mayor called for written and oral objection and there were none. Moved by Bowers, seconded by Getty that "Resolution confirming the approval of plans, specifications, etc., for the construction of F.Y. 1982 Pinehurst Drainage Improvements, Schedule I, Contract No. 228", be adopted. Ayes: Five. Absent: Penaluna, Dowie. Resolution adopted and upon approval by Mayor assigned No. 1981-570. 81413 Moved by Burton, seconded by Bowers that "Resolution ordering construction of F.Y. 1982 Pinehurst Drainage Improvements, Schedule I, Contract No. 228", be adopted. Ayes: Five. Absent: Penaluna, Dowie. Resolution adopted and upon approval by Mayor assigned No. 1981-571. 1 81414 Moved by Roehr, seconded by Wilharm that proof of publication of notice to contractors of invitation for bids for construction of F.Y. 1982 Pinehurst Drainage Improvements, Schedule I, Contract No. 228 as published in the Waterloo Courier on November 6, 1981, be received and placed on file. Motion carried. 81415 Moved by Wilharm, seconded by Bowers that the following bids be received, placed on file, Clerk instructed to open and read same and bids referred to Engineer's for checking and report back in one (1) week: November 16, 1981 Page 2 81415 - Continued. BIDDER AMOUNT BID BOND 1) Ohrt Excavating Corp. $17,492.00 10% 2) Roy Avis Construction Co. 21,192.76 10% 3) Hurst Excavating, Inc. 25,088.00 $2,508.80 4) Dale J. Clark Contracting Co. 20,995.00 10% 5) Bremco Construction Co. 17,701.12 10% Motion carried. HEARINGS 81416 - Moved by Bowers, seconded by Roehr that proof of publication of notice of public hearing on notice of intention to issue Industrial Development Revenue Bonds, Keiper-Ilten Partnership Project (Series 1981) as published in the Waterloo Courier on October 23, 1981 be received and placed on file. Motion carried. 81417 - 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 Wilharm to adjourn the public hearing until November 23, 1981 to allow the Council's receipt of information relating to the project's design, financial status, etc. Motion carried. 81418 - Moved by Roehr, seconded by Burton that proof of publication of notice of public hearing on proposal for dedication of certain easements and service lines in Crossroads Center as published in the Waterloo Courier on November 6, 1981, be received and placed on file. Motion carried. 81419 • HOLD HEARING - This being the time and place to hold hearing the Mayor called for written and oral objections. Moved by Bowers, seconded by Getty to receive and place on file Plan and Program Commission's recommendation of approval. Motion carried. 81420 - Moved by Wilharm, seconded by Burton I . to receive and place on file objections for dedication of certain easements and service lines in Crossroads Center. Motion carried. 81421 - Don Temeyer, Plan and Program Director, explained that the Plan and Program Commission had recommended acceptance of all easements within the center. However, the staff's recommendation was to accept only those easements containing storm sewer, utilities, and those sanitary sewer lines connecting Crossroads Blvd. mains to major lines lying outside the Crossroads Center development. Jon Fister, Attorney, supported the acceptance of all easements. His reason for wanting approval was that only those lines serving more than one property owner were being asked for approval. In total, of the approximately four (4) miles of sanitary sewer within the development, the City was being asked to accept only 1,500 feet. He stated that the City had alreadyaccepted the lines within the K -Mart Plaza across on San Marnan. He continued that problems that exist with grease collection in the lines may be a problem with code enforcement by the City, rather than the responsibility of any one tenant. November 16, 1981 Page 3 81421 - Continued. Fred Debe, Schenk Engineering, supported Crossroad's request. Moved by Roehr, seconded by Bowers to receive and place on file the above comments. Motion carried. 81422 - Howard Aten, Howard Aten Services, cleans the lines in question and spoke against the City accepting the sanitary sewer. He felt that if the City approved this request, it only opened the way for similar requests from such locations as Logan Plaza, Ridgeway Plaza, etc. and putting many of the sewer cleaners out of business. The manager of Bishops Cafeteria spoke in favor of acceptance of the line and stated that he would cooperate with the City in keeping the lines clean. Moved by Wilharm, seconded by Roehr to receive and place on file the above comments. Motion carried. 81423 - Paul Huntley, Superintendent of Sewers, spoke against the City's acceptance of the sewers due to the grease build-up. Bill Hoffman, Health and Sanitation Director, stated that problems have existed with line blockage and back-ups. He spoke against the request. 81424 - Moved by Wilharm, seconded by none that "Resolution authorizing and approving acceptance of certain easements and service lines in Crossroads Center", be adopted. The motion died for lack of a s econd. 81425 - Moved by Roehr, seconded by Bowers that "Resolution approving the dedication of certain easements and service lines in Crossroads Center generally described as those containing I.P.S. and telephone services, storm sewer and those sanitary sewer lines outside Crossroads Blvd.", be adopted. Ayes: Five. Absent: Penaluna, Dowie. Resolution adopted and upon approval by Mayor assigned No. 1981-572. 81426 - Moved by Getty, seconded by Burton that proof of publication of notice of public hearing on proposal to vacate portion of a greenway easement (Carriage Hill Apartment Complex) as published in the Waterloo Courier on November 6, 1981 be received and placed on file. Motion carried. 81427 - HOLD HEARING - This being the time and place to hold hearing the Mayor called for written and oral objections. Moved by Burton, seconded by Bowers to receive and place on file Plan and Program Commission's recommendation of approval. Motion carried. 81428 - Shirley Kniss, 2724 Barton Avenue, asked for additional time to receive neighborhood comments on the proposal since she had only received notice of the request a few days ago. Jan Neisen, 2700 Barton, stated that the previous owner did not keep the 60 ft. easement free of litter. The placement of garages would only provide a place for West High students to congregate. Don Cole, 2503 Edgemont Avenue, did not favor the extension of garages to the south and abut his property on the north. It was explained that the current zoning classification does not allow for any higher density than is currently constructed on the site. Construction of additional apartments would required rezoning of the property. Moved by Getty, seconded by Burton to receive and place on file the above comments. Motion carried. November 16, 1981 Page 4 81429 - Moved by Bowers, seconded by Getty that "an ordinance vacating a portion of a greenway easement located along the east side of Carriage Hill Apartment Complex", be received, placed on file and passed for the first time. Ayes: Five. Absent: Penaluna, Dowie. Motion carried. ORAL PRESENTATIONS 81430 - Richard Harris, President of the Bow Hunters Club of Black Hawk.County, asked that City ordinances be changed to allow the hunting of small animals (rabbits, skunks, rats, etc.) on City -owned property. Moved by Roehr, seconded by Bowers to receive and place on file the above request and refer to the Police Department for a recommendation. Motion carried. 81431 - Councilman Getty questioned the closing of the entrance on U.S. Highway 20 at the site formerly occupied by Titus Manufacturing and now occupied by John Deere. Its closing results in the use of residential streets such as Midland Street. This street is not capable of handling truck traffic. Moved by Getty, seconded by Wilharm to receive and place on file the above comments and refer to the Engineer's for review and recommendation. Motion carried. 81432 - Councilman Getty asked why the properties purchased from Urban Renewal on E. 4th Street, south of Dane Street have yet to be fully constructed on. The contract states that the buyer will complete construction within one year. Moved by Getty, seconded by Bowers to refer the above matter to Community Development for review and report back. Motion. carried. UNFINISHED BUSINESS 81433 - Moved by Roehr, seconded by Burton that communication from Acting City Electrician reporting on railroad crossing signalization at Duryea and Cleveland referred to him under C.R.#81387 of 11/9/81 be received, placed on file and contact the State for recommendation. Motion carried. 81434 - Moved by Bowers, seconded by Getty that communication from Community Development Board on the acceptance of a Lease Agreement between the City of Waterloo and John and Janice Rice referred to under C.R.#81395 of November 9, 1981 and "Resolution setting date of hearing on the acceptance of a Lease Agreement between the City of Waterloo and John and Janice Rice at 7:00 P.M. as December 7, 1981 in the City Hall Council Chambers", be adopted and Clerk instructed to publish notice accordingly. Ayes: Five. Absent: Penaluna, Dowie. Resolution adopted and upon approval by Mayor assigned No. 1981-573. 81435 - Moved by Getty, seconded by Roehr to hold an Executive Session on the grievance appeal of Jack Stainbrook, Waterloo Police Department, after the regular business of the City Council. Motion carried. REPORTS 81436 - Moved by Bowers, seconded by Getty that minutes of the Community Development Board Meeting held on October 13, 1981 be received and placed on file. Motion carried. November 16, 1981 Page 5 DOCUMENTS 81437 - Moved by Burton, seconded by Wilharm that agreement No. A 11308 for Railroad Crossing Signals with Illinois Central Gulf Railroad and the Iowa Department of Transportation for Burton Avenue and W. Donald Street (Crossing Numbers 12877 and 1730) be received, placed on file and "Resolution authorizing and approving the execution of a Agreement No. A 11308 by and between the City of Waterloo, Iowa and the Illinois Central Gulf Railroad and the Iowa Department of Transportation", be adopted and Clerk instructed to record same. Ayes: Five. Absent: Penaluna, Dowie. Resolution` adopted and upon approval by Mayor assigned No. 1981-574. 81438 - Moved by Roehr, seconded by Bowers that Change Order No. 6 for work performed in connection with Shaulis Road Grading and Paving Project, Federal Project No. M-6470(2)--81-07, 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. 81439 - Moved by Bowers, seconded by Burton that Change Order No. 7 for work performed in connection with Shaulis Road Grading and Paving Project, Federal Project No. M-6470(2)--81-07, 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. RESOLUTIONS TO BE ADOPTED 81440 - Moved by Roehr, seconded by Bowers that "Resolution authorizing the reinstatement of conditional deficiency assessments on Lark Lane in conjunction with the F.Y. 1977 Paving Program, Contract No. 162", be adopted. Ayes: Five. Absent: Penaluna, Dowie. Resolution adopted and upon approval by Mayor assigned No. 1981-575. 81441 - Moved by Bowers, seconded by Getty that "Resolution endorsing Senate File 354 of the State of Iowa to Civil Service for Cities", be adopted. Ayes: Five. Absent: Penaluna, Dowie. Resolution adopted and upon approval by Mayor assigned No. 1981-576. ORDINANCES TO BE ADOPTED 81442 - Moved by Bowers, seconded by Getty that "an ordinance establishing and designating the boundaries of an Urban Revitalization Area known as the Franklin Urban Revitalization Area in the City of Waterloo", be received, placed on file and passed for the second, time. Motion carried. 81443 - Wendell Lockard spoke against the embargo on truck traffic on Howrey Avenue. He felt that by limiting truck traffic, business within the complex at Cleveland and U.S. Highway could go broke. Councilman Roehr suggested that the truck embargo on Janney Avenue be lifted from Cleveland west to its intersection with the alley running north of the complex and parallel with Cleveland to allow truck traffic entrance into the complex from the north. Mr. Lockard felt that this was an unworkable solution because it was an indirect way to the complex. November 16, 1981 81443 - Continued. Page 6 Moved by Wilharm, seconded by Bowers to defer the second reading of an ordinance amending Ordinance No. 2644, known as the Traffic Ordinance, by adding Subsection (18a) Howrey Avenue to Section 569, Truck Traffic Prohibited on Certain Streets until December 7, 1981. Motion carried. NEW BUSINESS 81444 - It was explained that a second proposal had been drawn up that some felt was a better alternative to the Planning staff's recommendation. Moved by Bowers, seconded by Getty that communication from Plan and Program Director transmitting proposed redistricting plan for the City of Waterloo as required by Iowa Law Chapter 49 of the State Code of Iowa together with recommendation for ward boundaries, be received, placed on file and "Resolution setting date of meeting at 7:00 P.M. on December 7, 1981 at City Hall Council Chambers", be adopted. Prior to roll call, an amendment was brought forth by Roehr, seconded by Burton that would require a hearing be held only on the second proposal. Ayes: Roehr, Burton. Mays: Getty, Wilharm, Bowers. Absent: Penaluna, Dowie. Motion NOT carried. The original motion was then voted on: Ayes: Five. Absent: Penaluna, Dowie. Resolution adopted and upon approval by Mayor assigned No. 1981-577. MISCELLANEOUS 81445 - Moved by Getty, seconded by Roehr that the following applications for Beer and Liquor Licenses, be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer and Liquor License Permit Applications Class C Mutual Financial Services of Iowa, Inc. dba The Last Line, 1918 Commercial (12/1/82)(New) Quality Bar of Waterloo, Inc. dba The Gallery, 226 W. 5th St.(11/30/82) (Renewal) The Mike Hoye Corporation dba The Iron Fireman Lounge, 341 Fletcher (11/21/82) (Renewal) Michael L. W. Hahn dba Red Cedar, 102 W. llth St. (12/1/82) (Old Location - New Owner) Hathton, Inc. dba Embassy Lounge, 225 E. 5th St. (11/23/82)(Renewal) Beer Permit License Applications Class B onT y 'Tomlyanovich dba Tony's LaPizzeria, Inc., 615 Commercial (12/4/82) (Renewal) Rigel, Ltd. dba Godfather's Pizza, 3811 University Ave.(12/15/82) (Renewal) Class C Ken Grant Heiple dba Hipe's Grocery Store, 1055 Longfellow (11/16/82) (Old Location - New Owner) Sunday Sales - Beer and Liquor License Permit Applications Class C Quality Bar of Waterloo, Inc. dba The Gallery, 226 W. 5th St.(11/30/82) (Renewal) Sunday Sales - Beer Permit License Applications Class B Tony Tomlyanovich dba Tony's LaPizzeria, Inc., 615 Commercial (12/4/82) (Renewal) Rigel, Ltd. dba Godfather's Pizza, 3811 University Ave.(12/15/82) (Renewal) Class C Ken Grant Heiple dba Hipe's Grocery Store, 1055 Longfellow (11/16/82) (Old Location - New Owner) Michael L. W. Hahn dba Red Cedar, 102 W. llth St. (12/1/82) (Old location - New Owner) Motion carried. r►� November 16, 1981 Page 7 81446 - Moved by Roehr, seconded by Getty . Three (3) new Cigarette License Permits, be received, placed on file, and granted. Motion carried. BONDS 81447 - Moved by Getty, seconded by Burton that report of City Attorney and list of bonds filed with Clerk through November 16, 1981, be received, placed on file and report and bonds approved. Motion carried. EXECUTIVE SESSION 81448 - Moved by Getty, seconded by Bowers to meet in Executive Session. Ayes: Five. Absent: Penaluna, Dowie. Motion carried. 81449 - Moved by Burton, seconded by Wilharm to adjourn the Executive Session. Ayes: Five. Absent: Penaluna, Dowie. Motion carried. 81450 - Moved by Burton, seconded by Bowers to deny the grievance appeal of Jack Stainbrook. Ayes: Five. Absent: Penaluna, Dowie. Motion carried. 81451 - Moved by Bowers, seconded by Wilharm that the Council adjourn. Motion carried. Larry P. Burger City Clerk