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HomeMy WebLinkAbout10/20/80October 20, 1980 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 October 20, 1980. Mayor Rooff in the Chair. On roll call: Present: Wilharm, Roehr, Penaluna, Getty, Dowie, Burton, Bowers. Absent: None. Invocation by Council- man Getty. 79358 - Moved by Roehr, seconded by Wilharm, that the Agenda, as proposed, for the Regular Session of October 20, 1980, at 7:00 P.M., be accepted and approved. Motion carried. 79359 - Moved by Dowie, seconded by Wilharm, that the minutes of the Regular Session held October 13, 1980 at 7:00 P.M. be approved. Motion carried. HEARINGS 79360 - Moved by Burton, seconded by Bowers, that proof of publication of notice of public hearing on proposal to sell a parcel of land in Logan Avenue Urban Renewal Area, Project No. Iowa R-2 to Michael Burke as published in the Waterloo Courier on September 19, 1980, be re- ceived and placed on file. Motion carried. 79361 - 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 Bowers, seconded by Dowie, that "Resolution approving the sale of Disposal Parcel No. 6B and 8B in the Logan Avenue Urban Renewal Area, Project No. Iowa R-2, to Michael Burke and authorizing the execution of the necessary contract for sale of land for private redevelopment and deed", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27295. 79362 - Moved by Roehr, seconded by Burton, that proof of publication of notice of public hearing on proposal to rezone property located south of East Ridgeway Avenue and east of Bethel Street as published in the Waterloo Courier on September 25, 1980, be received, and placed on file. Motion carried. 79363 - HOLD HEARING - This being the time and place to hold hearing the Mayor called for written and oral objections. Moved by Dowie, seconded by Bowers, that the petition signed by 61% of the area residents against the rezoning, be received and placed on file. Motion carried. Jim Andrews, representing Ridgeway Bethel Baptist Church, expressed concern that adequate attention be paid to surface water drainage off the proposed site. Leo Stern, 1756 East Ridgeway Avenue, spoke of the potential drainage problems which could result from the site for property owners along Ridgeway. He expressed concern for in- creased traffic on Ridgeway. Lewis McCullum, 1714 East Ridgeway Avenue, also spoke to the potential for surface water problem. Fred Debe, Schenk Engineering, stated that surface water flow would be diverted to Camelot Drive, located to the east and that the presence of storm and sanitary sewer would most probably result in less problems than no control (current condition). Discussion followed as to the City's ability to require storm water detention facilities in parking lots and the control which could be exercised at platting time. 79364 - Moved by Wilharm, seconded by Dowie, that "An Ordinance amending Ordinance No. 2479 as amended, by adding Subsection No. 181 to Section 2A-5, Rezoning Certain Property", be received, placed on file and passed for the first time. Ayes: Seven. Motion carried. ORAL PRESENTATIONS 79365 - Robert Nellis, 601 Gilbert, stated that he had a bill in the amount $785.00 from Don Hansen Backhoe Service for work performed at his home caused by the water line being placed over the sanitary sewer. Moved by Wilharm, seconded by Dowie, that the above oral report be received, placed on file, Engineer be instructed to review the situation, and City Clerk be instructed to notify the contractor and a report back next week. Motion carried. 79366 - On Saturday, October 18, 1980, the City held a public auction to recycle some of the un- used items that were being stored in various departments in the City. The net result of this sale was approximately $16,000. Moved by Dowie, seconded by Wilharm, that we, the Mayor and City Council, thank Clyde and 2 79366 - (Continued) Bill Hoffman for demonstrating their fine abilities as auctioneers and to thank those City employees and non -employees that gave their time and effort, without any compensa- tion, to make this auction a success. Motion carried. Councilman Getty inquired as to the status of the Cedar River Park Lagoon project. The Mayor reported that the portion of the contract awarded to Denman Phillips had been sub- contracted to John G. Miller and that work could be expected to be completed. Councilman Getty stated that a dirt track was in operation on vacant property on Burton Avenue and south of Airline Highway. The matter was referred to Building, Engineers and Plan and Program Department for a report back. PETITION FROM PUBLIC 79367 - Moved by Roehr, seconded by Wilharm, that request of Edward R. Schmadeke and Carol A. Schmadeke, 2009 Castle for sale of Disposal Parcel No. I -15(P) (317 Oak) in the Westfield - Virden Urban Renewal Area, Project No. Iowa R-7", be adopted and Clerk instructed to publish notice fixing time and place of hearing as November 24, 1980 at 7:00 P.M. in the City Hall Council Chambers. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 2729. UNFINISHED BUSINESS 79368 - Moved by Wilharm, seconded by Bowers, that communication from Larry P. Burger, City Clerk, reporting on weed assessment, referred—to him under C.R. #79317 for Virgil Eilers be denied and Mr. Eilers be informed of the Council's action. Motion carried. 79369 - Discussion centered around the taxicab ordinance (Ordinance No. 3081) and its requirements for cleanliness (reference Section 36-22). Various Taxicab owners were present to discuss this issue and their concerns of financial constraints of requiring cars to be in respect- ible condition. Moved by Wilharm, seconded by Burton, that the subject of the City's taxicabs and ordin- ances referred to under C.R.#79357 of October 13, 1980 be set for public hearing on Nov- ember 10, 1980 at which time proposed changes to the ordinance, as related to cleanliness of cabs will be reviewed and "Resolution setting time and place of public hearing as Nov- ember 10, 1980 at 7:00 P.M. in the City Hall Council Chambers", be adopted and Clerk in- structed to publish notice of hearing. Ayes: Seven. Resolution adopted and upon ap- proval by Mayor, assigned No. 27297. 79370 - Cable TV was brought to the floor for discussion and Commercial Agreement being distri- buted to renters of apartment. Jay Roberts, Attorney for Cablevision, stated that word- ing in the agreement could be altered to the City's requirements. Discussion also evolved on those persons not yet served by cable. The Mayor stated that he had requested the list (containing names of 42 residences) many weeks ago, but had not yet received them. A meeting will be scheduled to discuss these concerns. 79371 - Moved by Bowers, seconded by Dowie, that communicaiton from Quintin T. Parker, Sign and Traffic Department making recommendation on request for heavy truck traffic to be taken off of Newell Street be received, and placed on file. Motion carried. 79372 - The Mayor also asked that Longview Drive between Rainbow Drive and Cardinal Drive be add- ed to the abandonment list. Moved by Getty, seconded by Bowers, that communication from City Engineer recommending that certain streets and alley assessments be abandoned from the F.Y. 1980 Oiling Program, Contract No. 204, Bell Street from Ruby Drive to Cedar Park Road, Stratford Avenue from Maxwell Street to Ansborough Avenue and Alley between Arden and Campbell from Clough to Moyer and Longview Drive from Rainbow Drive to Cardinal Drive, be received, placed on file and "Resolution authorizing abandonment of certain streets and alleys in the F.Y. 1980 Oiling Program, Contract No. 204,"be adopted and City Clerk be instructed to certify said abandonment to the County Auditor. Ayes: Seven. Resolution adopted and upon ap- proval by Mayor, assigned No. 27298. 79373 - Moved by Dowie, seconded by Burton, that Declaration of Completion and Final Acceptance of work as submitted by Peterson Contractors, Inc., for Contract No. 99C, Dry Run Creek Con- trol Works, Bontrager Park Area and City Engineer's recommendation for approval and ac- ceptance of work, be received, placed on file and "Resolution approving the Declaration of Completion and Final Acceptance of the work as to work and materials furnished by Peterson Contractors, Inc., for Dry Run Creek Works, Bontrager Park Area, Contract No. 99C and ac - October 20, 1980 3 d 79373 - (Continued) cepting the work", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27299. 79374 - Moved by Penaluna, seconded by Getty, that the Minutes of the Community Development Board Meeting held on September 9, 1980, be received and placed on file. Motion carried. 79375 - Moved by Roehr, seconded by Bowers, that communication from City Engineer, transmitting "Project Status Report", R.U.T. 5, on Five -Year Street Construction Program, for July 1, 1979 to June 30, 1980, as prepared by Engineering Department to be submitted to the Iowa Department of Transportation, with Street Systems Map, be received, placed on file and "Resolution approving the Project Status Report, R.U.T. 5, on Five -Year Street Construc- tion Program, for July 1, 1979 to June 30, 1980, and Street Systems Map", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27300. DOCUMENTS 79376 - Moved by Wilharm, seconded by Bowers, that communication from Building Official trans- mitting Hold Harmless and Indemnification Agreement from James L. Rooff for the property at 223 Paper Mill Street recently sold to him by the City of Waterloo, be received, placed on file, approved and Clerk instructed to record same. Motion carried. 79377 - Moved by Burton, seconded by Bowers, that communication from City Attorney, transmitting Bus Lease Agreement and Building Lease (Garage - Bus Wash) dated July 1, 1980 with Met- ropolitan Transit Authority, for the period of two years, subject to certain stipulations, for the sums of $1.00 per year per unit and $1.00 per year, be received, placed on file and "Resolution approving Bus Lease Agreement and Building Lease (Garage - Bus Wash) with Metropolitan Transit Authority and authorizing execution of same", adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27301. 79378 Moved by Bowers, seconded by Dowie, that Change Order No. 14 for work performed on West Ridgeway Avenue Paving Project, Federal Project #M-6500(2)--81--07, Contract No. 165 by ;.Irving F. Jenson Cowpony, Inc. together with City Engineer's recommendation for ap- proval, be received, placed on file, approved and Mayor and City Clerk authorized to exe- cute same. Motion carried. 79379 - Moved by Burton, seconded by Roehr, that Change Order No. 2 for work performed on Shaulis Road Bridge, Federal Project #M-6470(1)--81--07, Contract No. 200 by Christensen Bros., Inc., 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. 79380 - Fred Debe, Schenk Engineering, asked that the City's participation in oversizing of sewers in this area should be investigated. A meeting will be arranged. Moved by Roehr, seconded by Penaluna, that communication from City Engineer advising im- provements for portions of Sears Street and Camelot Drive have been completed in sub- stantial conformance with construction plans, standards and requirements of his office submitting two-year maintenance bond for said improvements and recommending acceptance of said improvements and bonds, be received, placed on file, approved and accepted with effective dates of bonds being that of Council approval. Motion carried. RESOLUTIONS TO BE ADOPTED 79381 - Moved by Roehr, seconded by Bowers, that communication from Assistant City Attorney re- commending condemnation of property needed for right-of-way for Corps of Engineers Local Flood Protection Project be received and placed on file and "Resolution authorizing con- demnation for property owned by H. G. Simmons sold on contract to Merle Gleason and Ronald Roberts for approximately 73 acres of land required for the right-of-way for the Corps of Engineers Local Flood Protection Project", be adopted. Ayes: Seven. Resolu- tion adopted and upon approval by Mayor, assigned No. 79382 - Moved by Burton, seconded by Dowie, that "Resolution $1,300,000 Swimming Pool Bonds", be adopted. Ayes: approval by Mayor, assigned No. 2703. ORDINANCE TO BE ADOPTED 27302. providing for the advertisement of Seven. Resolution adopted and upon 79383 - Moved by Bowers, seconded by Burton, that "Ordinance amending Ordinance No. 2644, known as the Traffic Ordinance, by adding Subsection (2a) Hillcrest Avenue to Section 563, No Parking 8:00 A.M. to 4:00 P.M., be received, placed on file", and passed for the second time. Ayes: Seven. Motion carried. 79384 - Moved by Bowers, seconded by Burton, that the rules requiring ordinances to be considered and voted for passage at two prior meetings, be 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: Seven. Motion carried. October 20, 1980 79385 - Moved by Getty, seconded by Penaluna, that "Ordinance amending Ordinance No. 2644, known as the Traffic Ordinance, by adding Subsection (2a) Hillcrest Avenue to Section 563, No Parking 8:00 A.M. to 4:00 P.M., be received, placed on file", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 3108. NEW BUSINESS 79386 - Moved by Roehr, seconded by Bowers, that communication from Superintendent of Streets re- porting termination of Harry Toney effective September 25, 1980 and entitlement of 130 hours vacation time and 2952 hours sick pay, be received, placed on file and "Resolution approving payment of $2,710.44 sick pay and vacation pay to Harry Toney, Street Depart- ment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27304. 79387 - Moved by Burton, seconded by Getty, that City Engineer's final plats, schedule of assess- ments, breakdown of project costs, etc., for Sans Souci Drive Sanitary Sewer Program, Contract No. 192, be received and placed on file. Motion carried. 79388 - Moved by Dowie, seconded by Bowers, that "Resolution accepting work and ordering prepara- tion of final plat and schedule of assessment for Sans Souci Drive Sanitary Sewer Program, Contract No. 192", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27305. 79389 - Moved by Roehr, seconded by Burton, that "Resolution adopting and levying final schedule of assessments, and providing for the payment thereof for Sans Souci Drive Sanitary Sewer Program, Contract No. 192", be adopted. Ayes: Seven. Resolution adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor, assigned No. 27306. 79390 - Moved by Penaluna, seconded by Getty, that following requests for permission to attend functions, with expenses allowed not to exceed amounts shown, be received, placed on file and approved: Detective Sergeant to attend Basic Introduction to Kodak Ektraprint 2 Chemicals, Chicago, Illinois, October 22-23, 1980 -- $122.43 -- City's share -- $31.57. Ayes: Seven. Motion carried. 79391 - Moved by Wilharm, seconded by Roehr, that 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 & Liquor Permit License Application Class C Concession Services, Inc. dba Electric Park Ballroom, West Conger & Rainbow Drive Z's Seven Seas, Inc. dba Z's Seven Seas, 3937 West Airline Highway Beer Permit License Application Class B Pizza Hut of America, Pizza Hut of America, Sunday Sales - Beer Class B Pizza Hut of America, Pizza Hut of America, Class C Concession Services, Inc. dba Pizza Hut, 714 La Porte Road Inc. dba Pizza Hut, 1130 Ansborough Avenue & Liquor License Application Motion carried. Inc. dba Pizza Hut, 1130 Ansborough Avenue Inc. dba Pizza Hut, 714 La Porte Road Inc. dba Electric Park Ballroom, West Conger & Rainbow Drive 79392 - Moved by Bowers, seconded by Getty, that the following application for Peddler's License be received, placed on file and approved: Harry Lawrence Randall, 534 East Gate Drive Motion carried. 79393 - Moved by Roehr, seconded by Wilharm, that one (1) cigarette license renewal be received, placed on file and granted. Motion carried. 79394 - Moved by Dowie, seconded by Getty, that report of City Attorney and list of bonds filed with Clerk through October 20, 1980, be received, placed on file and report and bonds approved. Motion carried. 43.9395 - Moved by Dowie, seconded by Getty, that Council adjourn. Motion carried. October 20, 1980 Larry P. Burger City Clerk