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HomeMy WebLinkAbout08/25/80'CNN rallo‘ August 25, 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 August 25, 1980. Mayor Rooff in the Chair. On roll call: Present Wilharm, Roehr, Penaluna, Getty, Dowie, Bowers. Absent: Burton. Invocation by Councilman Getty. 79044 - Moved by Roehr, seconded by Wilharm that the Agenda, as amended, for the Regular Session of August 25, 1980, at 7:00 P.M., be accepted and approved. Motion carried. 79045 - Moved by Dowie, seconded by Wilharm that the minutes, as amended, of the Regular Session held August 18, 1980, at 7:00 P.M. be approved. Motion carried. 79046 - Moved by Bowers, seconded by Wilharm 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. 1981 Highland Park Area Sidewalk, Contract No. 203 and taking of construction bids, therefore, as published in the Waterloo Courier on August 8, 1980, be received and placed on file. Motion carried. 79047 - Moved by Wilharm, seconded by Dowie that the petition signed by residents on the north side of Alta Vista opposing the sidewalk be received and placed on file. Motion carried. 79048 - 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 "Resolution confirming the approval of plans, specifications, etc., for the construction of the F.Y. 1981 Highland Park Area Sidewalk, Contract No. 203", be adopted. Ayes:. Six. Absent: Burton. Resolution adopted and upon approval by Mayor, assigned No. 27186. 79049 - James Boyd, 337 Alta Vista, stated that the construction of sidewalks in the 300 Block of Alta Vista was opposed by 100% of the residents abutting the street. Moved by Bowers, seconded by Wilharm that the three hundred block of Alta Vista be deleted from the F.Y. 1981 Highland Park Sidewalk Program, Contract No. 203. Motion carried 79050 - Moved by Bowers, seconded by Getty that "Resolution ordering construction of the F.Y. 1981 Highland Park Area Sidewalk, Contract No. 203", be adopted. Ayes: Six. Absent: Burton. Resolution adopted and upon approval by Mayor, assigned No. 27187. 79051 - Moved by Roehr, seconded by Dowie that proof of publication of notice to contractors or invitation for bids of Construction of the F.Y. 1981 Highland Park Area Sidewalk, Contract No. 203, as published in the Waterloo Courier on August 8, 1980, be received and placed on file. Motion carried. 79052 - Moved by Bowers, seconded, by Roehr 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. BIDDER AMT. OF BID BID BOND OR CASHIER'S CHECK Paul Grigg Concrete Const., Inc. $27,417.98 __ 10% Tom Dolan Cement Cont. $25,528.60 $1,300.00 Precast Dimensions By Avis $29,203.22 $1,500.00 Stokes Landscaping, Inc. $26,470.40 5% Denman Phillips Const., Co. $27,885.02 $1,400.00 Cedar Valley Corp. $26,453.92 5% ' Motion carried. 79053 - Moved by Bowers, seconded by Getty that proof of publication of notice of public hearing on proposed plans for the designation of an Urban Revitalization Area in the Neighborhood Housing Services Area as published in the Waterloo Courier on July 18, 1980 be received and placed on file. Motion carried. 79054 - Councilperson Roehr stated several objections to the plan including: 1) the limitations of the area and not including the entire city; 2) the seemingly small need for rehabilitation or homes in the proposed area; 3) the availability of other sources of funding for rehabili- tation, and 4) that the plan leans towards benefitting absentee landowners. He suggested that an issue such as this should be put to the voters in November. Don Temeyer, Plan and Program Director, explained that new construction was included in the program and that the Council could select any or all of the four methods of exemption. Brenda Miller, Director of Neighborhood Housing Services, explained that the program was 2 79054 - (continued) especially suited to the N.H.S. Area because of the large number of vacant lots charact- eristic to the area. Several persons spoke against the plan because it did not benefit all citizens of the City. Don Johnson, Chairman of the Board of Neighborhood Housing Services, spoke in favor of the program. 79055 - Moved by Getty, seconded by Penaluna that "An Ordinance establishing an Urban Revitalizat- ion Area in the Neighborhood Housing Services Project Area", be received, placed on file and passed for the first time. Ayes: Penaluna, Getty, Dowie, Bowers. Nays: Wilharm, Roehr. Absent: Burton. Motion carried. 79056 - Moved by Wilharm, seconded by Roehr 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. Nays: Six. Absent: Burton. Motion Not carried. 79057 - Mayor Rooff reported on the meeting held between the Council and representatives of American Cable TV and recommended that the Council set a date of hearing, as allowed by Ordinance No. 2949, to consider invoking Sec. 35 of Ordinance No. 2949 allowing for assessment of liquidated damages of $500.00 per day until compliance is achieved. Jay Roberts, Attorney for the Company, reiterated the number of houses which have been energized, those not having the service; new homes constructed since the inception of the ordinance, etc. He asked that they be allowed to have the three weeks between now and the public hearing to come into compliance with the ordinance. Moved by Roehr, seconded by Wilharm that September 15, 1980 be set as the date of public hearing to consider assessment of liquidated damages of $500.00 per day until compliance is achieved and to require renewal of the performance bond of American Cablevision of Waterloo, Inc. Ayes: Wilharm, Roehr, Getty, Bowers. Nays: Penaluna, Dowie. Absent: Burton. Motion carried. 79058 - Robert Hertges, 806 Fowler Street, inquired as to when he could expect the sanitary sewer to be replaced near his home to relieve the back-up problem. The Mayor stated that Block Grant Funding would be investigated with a report back. 79059 - Gary Schmitz, 732 Stephen Avenue, inquired as to why a sidewalk cut was not being con- structed in.conjunction with the Hardee's Restaurant on the Stephen Avenue side. The Engineer's Office will investigate. 79060 - Moved by Dowie, seconded by Wilharm that the Beer Liquor License Application for the Air- liner Lounge be added to the agenda for Council consideration, subject to inspections being successfully completed. Motion carried. 79061 - The City Engineer recommended that award of Contract No. 203, Highland Park Area Sidewalk Program be delayed for one week. Moved by Bowers, seconded by Wilharm that the award of Contract No. 203 be delayed for one week. Motion carried. 79062 - Moved by Roehr, seconded by Getty that request of Crossroads Estates, Ltd. for Council on its own motion to rezone from "A-1" Agricultural District to "R-1" One and Two Family Re- sidential District and "R-3" Multiple Family Residential District approximately 66 acres of land generally located south of Murphy Road, west of Hess Road and north of proposed Freeway 520 together with City Zoning Commission's recommendation for approval, be received placed on file, recommendation approved and "Resolution setting date of hearing as Septem- ber 15, 1980 at 7:00 P.M. in the City Hall Council Chambers", adopted and Clerk instructed to publish notice. Ayes: Six. Absent: Burton. Resolution adopted and upon approval by Mayor, assigned No. 27188. 79063 - Moved by Getty, seconded by Dowie that request of Whitaker Foods, Inc., for Council on its own motion to rezone from "R-2" One and Two Family Residential District to "M-1" Light In- dustrial District approximately three lots of land generally located south of Rainbow Drive and approximately 300 feet east of Hanna Boulevard, together with City Zoning Com- mission's recommendation for approval, be received, placed on file, recommendation approv- ed and "Resolution setting date of hearing as September 15, 1980 at 7:00 P.M. in the City Hall Council Chambers", adopted and Clerk instructed to publish notice. Ayes: Six. Absent: Burton. Resolution adopted and upon approval by Mayor, assigned No. 27189 August 25, 1980 ,._ .. INN -3- 79064 - Moved by Bowers, seconded by Roehr that request of Gayle Harrison for Council on its own motion to rezone from "R-2" One and Two Family District to "C -Z" Conditional Zoning two lots generally located east of Cedar Bend Avenue and north of Northey Street together with City Zoning Commission's recommendation for denial, be received, placed on file, and "Resolution setting date of hearing as September 15, 1980 at 7:00 P.M. in the City Hall Council Chambers", adopted and Clerk instructed to publish notice. Ayes: Six. Absent: Burton. Resolution adopted and upon approval by Mayor, assigned No. 27190 79065 - Moved by Bowers, seconded by Dowie that Financial Report for Waterloo Water Works for the quarter ending June 30, 1980, be received, placed on file and approved. Motion carried. 79066 - Moved by Dowie, seconded by Wilharm that communication from Finance Director transmitting the City of Waterloo's Annual Financial Report for year ending June 30, 1980, be received, placed on file and approved. Motion carried. 79067 - Moved by Penaluna, seconded by Getty that communication from Finance Director transmitting Municipal Finance Report, be received, placed on file and "Resolution approving the Munici- pal Street Finance Report to the Iowa Department of Transportation for year July 1, 1979 to June 30, 1980 covering various expenditures for street and parking purposes on munici- pal street and parking in the City of Waterloo, Iowa", be adopted. Ayes: Six. Absent: Burton. Resolution adopted and upon approval by Mayor, assigned No. 27191. 79068 - Moved by Getty, seconded by Bowers that contract performance bond and certificate of in- surance for Contract No. 205 be received, placed on file and "Resolution approving the contract and bond of Hurst Excavating, Inc. for Lincoln Ackermant Storm Sewer and Pumping Station, Phase I, Contract No. 205 in the amount of $447,260.00", be adopted. Ayes: Six. Absent: Burton. Resolution adopted and upon approval by Mayor, assigned No. 27192. 79069 - Moved by Bowers, seconded by Dowie that "An Ordinance amending Ordinance No. 2644, known as the Traffic Ordinance byy repealing subsections (83) Ridgeway Avenue (East) and (84) Ridgeway Avenue of Section 541, increasing speed limits in certain areas, and enacting in lieu thereof new subsection (83) Ridgeway Avenue of Section 541, increasing speed limits in certain areas; and by adding new subsection (42c) Hallowell Road to Section 543, thru streets", be received, placed on file and passed for the first time. Ayes: Six. Absent: Burton. Motion carried. 79070 - Moved by Roehr, seconded by Bowers 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: Six. Absent: Burton. Motion carried. 79071 - Moved by Getty, seconded by Roehr that "An Ordinance amending Ordinance No. 2644, known as the Traffic Ordinance by repealing subsections (83) Ridgeway Avenue (East) and (84) Ridgeway Avenue of Section 541, increasing speed limits in certain areas, and enacting in lieu thereof new subsection (83) Ridgeway Avenue of Section 541, increasing speed limits in certain areas; and by adding new subsection (42c) Hallowell Road to Section 543, thru streets", be adopted. Ayes: Six. Absent: Burton. Ordinance adopted and upon approval by Mayor, assigned No. 3099. 79072 - Moved by Dowie, seconded by Bowers that Bills -Resolution, Schedule A, be adopted. Ayes: Six. Absent: Burton. Resolution adopted and upon approval by Mayor, assigned No. 27193. 79073 - Moved by Roehr, seconded by Penaluna that Pay Estimate No. 1 for work completed by Irving F. Jensen Company, Inc., on West Ridgeway Grading, g, City Contract No. 165 (Supplemental Contract) Federal Project No. -M-'6500(2)-81-07 in the amount of $57,154.65 andCity Engin- eer's recommendation for approval, be received, placed on file, approved and"Resolution approving and accepting Pay Estimate No. 1 dated July 28, 1980 from Irving F. Jensen Com- pany, Inc., for work completed on West Ridgeway Grading, City Contract No. 165 (Supple- mental Contract) Federal Project No. -- M-6500(2)--81-07 and authorizing payment accord- ingly", adopted. Ayes: Six. Absent: Burton. Resolution adopted and upon approval by Mayor, assigned No. 27194. 79074 - Moved by Bowers, seconded by Getty that Pay Estimate No. 2 for work completed by Christen- sen Brothers, Inc., on Shaulis Road Bridge Project, Federal Project No. M-6470(1)--81--07, Contract No. 200 in the amount of $102,690.47 and City Engineer's recommendation for ap- proval, be received, placed on file, approved and "Resolution approving and accepting Pay Estimate No. 2 dated August 6, 1980 from Christensen Brothers, Inc., for work completed on Shaulis Road Bridge Project, Federal Project No. M-6470(1)--81--07, Contract No. 200 and authorizing payment accordingly", adopted. Ayes: Six. Absent: Burton. Resolution adopted and upon approval by Mayor, assigned No. 27195 August 25, 1980 - 4 - 79075 - Moved by Bowers, seconded by Getty that communication from the Zoning Commission trans- mitting proposed zoning amendment changes to the Waterloo City Zoning Ordinance No. 2479, as amended, in regard to allowing junk yards and auto salvage yards in "M-1" Light In- dustrial Districts, "M-2" Heavy Industrial Districts, or M -2,P Planned Industrial District by special permit only together with City Zoning Commission's recommendation for approval be received, placed on file and "Resolution setting date of public hearing at 7:00 P.M. on September 15, 1980 in the City Hall Council Chambers on proposed Zoning Amendment", be adopted and instructing Clerk to publish notice accordingly. Ayes: Six. Absent: Burton. Resolution adopted and upon approval by Mayor, assigned No. 27196. 79076 - Moved by Roehr, seconded by Wilharm that communication from Acting Fire Chief requesting Council approval of the following appointment to the Waterloo Fire Department effective August 26, 1980, be received, placed on file, and approved: Stanley J. Delagardelle Motion carried. 79077 Moved by Dowie, seconded by Penaluna that following applications for Beer and Wine Permit Licenses, be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer Permit Renewal Applications Class C Leon F. Voshell dba L & L Service, 4036 Logan Southland Corporation dba 7 -Eleven #18436, 1309 Lafayette Southland Corporation dba 7 -Eleven #18506, 2302 Falls Avenue Southland Corporation dba 7 -Eleven #18456, 1105 Cedar Bend Southland Corporation dba 7 -Eleven #18505, 504 Riehl Street Sunday Sales — Beer Permit Applications Class C Leon F. Voshell dba L & L Service, 4036 Logan Southland Corporation dba 7 -Eleven #18436, 1309 Lafayette Southland Corporation dba 7 -Eleven #18506, 2302 Falls Avenue Southland Corporation dba 7 -Eleven #18456, 1150 Cedar Bend Southland Corporation dba 7 -Eleven #18505, 504 Riehl Street Class C Beer and Liquor Marjorie and Bob Anderson dba Airliner Lounge, 3850 W. Airline Hwy. Sunday Sales - Beer and Wine Applications Class C Larry Novak dba A.J. Pickerman's Sandwich & Baking Co., 178 West 4th Street Motion carried. 79078 - Moved by Bowers, seconded by Wilharm that following application for Massage Technician Permit be received, placed on file and denied. Angela Williamson, 6272 E. 4th Street Motion carried. 79079 Moved by Bowers, seconded by Dowie that report of City Attorney and list of bonds filed with Clerk through August 25, 1980; be received, placed on file and report and bonds ap- proved. Motion carried. 79080 - Moved by Getty, seconded by Dowie that the Council adjourn. Motion carried. Larry P. Burger City Clerk. August 25, 1980