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HomeMy WebLinkAbout05/27/80May: 27, 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 May 27, 1980. Mayor Rooff in the Chair. On roll call: Present: Bowers, Burton, Dowie, Getty, Penaluna, Wil - harm. Absent: Roehr. Invocation by Councilman Wilharm. 78513 - Moved by Burton, seconded by Bowers that the Agenda, as amended, for the Regular Session of May 27, 1980, at 7:00 P.M., be accepted and approved. Motion carried. 78514 - Moved by Bowers, seconded by Burton that the minutes of the Regular Session held May 19, 1980, at 7:00 P.M. be approved. Motion carried. 78515 - Moved by Bowers, seconded by Getty that proof of publication of notice of public hearing on proposal to rezone certain lots in Pleasant View Addition from "R-2" one and two family Residential District to "C-2" Commercial District as published in the Waterloo Courier on May 9, 198' be received and placed on file. Motion carried. 78516 - Hold Hearing - this being the time and place for hearing, the Mayor called for written and oral objections. The City Clerk reported that a petition containing 66% of the property owners lying within 250 feet of the request was on file in the City Clerk's Office. Moved by Bowers, seconded by Dowie to receive and place on file this petition against the rezoning. Ayes: Six. Absent: Roehr. Motion carried. 78517 - John Carlson, Regional Real Estate Manager for Taco Bell, Inc., suppor ed the rezoning request by stating that traffic volumes on La Porte Ro would not increase as a result of their proposed use. Their business draws off existing traffic volumes. Diane Dyke of 1933 Howard Avenue spoke against the rezoning request an the increased traffic congestion that would result. Sam Beatty, representing the Ray Stoner Estate, and having 4/6 interes of the property in question, spoke in favor of the rezoning and the lo to the City in terms of tax base if the request is denied. Chuck Mattson, Attorney for Larry Reisinger of 1935 Howard Avenue, spo against the rezoning and the detrimental affect of the use on surround inq residential uses. He spoke of the increasing traffic on La Porte Road, the accident reports and the increasing number of fast-food rest aurants on La Porte Road. Carl Dyke of 1933 Howard Avenue spoke against the request. Moved by Wilharm, seconded by Getty that the above oral presentations b received and placed on file. Motion carried. 78518 - Moved by Wilharm, seconded by Burton that "An ordinance amending Ordin ance No. 2479, as amended, by adding Sub -section No. 174, to Section 2A-5, Rezoning Certain Property, be received, placed on file, and deni Ayes: Six. Absent: Roehr. Motion carried. 78519 - Moved by Dowie, seconded by Getty that proof of publication of notice public hearing for proposal to rezone 4 acres in Auditor Rainbows Plat of Maywood Second Filing from "M-1" Light Industrial to "R-2" One and Two Family Residence District as published in the Waterloo Courier, Ma 9, 1980 be received and placed on file. Motion carried. 78520 - Hold Hearing - this being the time and place for hearing, the Mayor ca ed for written and oral objections, and the City Clerk reported that a petition against the rezoning signed by 31% of the property owners lyi within 250 feet of the request was on file in the City Clerk's Office. John Mclntee spoke in favor of the request. Lester Timmerman presented a petition against the rezoning. He stated that the property to the southwest of the request is zoned "M-1" Light Industrial and will be the future site of a cement -mix operation. He currently owns the site for the proposed cement -mix operation. Moved by Dowie, seconded by Burton that above presentations be receive placed on file. Ayes: Six. Absent: Dowie. Motion carried. 1 - 2 - 18521 - Moved by Bowers, seconded by Dowie that "An Ordinance amending Ordinance No. 2479, as amended, by adding Sub -Section No. 174 to Section 2A-5, Re- zoning Certain Property, be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Roehr. Motion carried. '8522 - Moved by Burton, seconded by Dowie that proof of publication of notice of public hearing on proposed amendment of current City budget for Fiscal Year ending June 30, 1980, as published in the Waterloo Courier on May 20, 1980, be received and placed on file. Motion carried. 8523 - This being the time for hearing, the Mayor called for oral and written objections, and there were none. After public hearing on the proposal to amend the 1980 Fiscal Budget as published in the Waterloo Courier on May 20, 1980, and no objections having been made or filed, the Council gave final consideration to the proposed amendments to the Budget. Moved by Bowers, seconded by Dowie that "A resolution amending the cur- rent budget for the Fiscal Year ending June 30, 1980", be adopted, with any increase in expenditures to be met from the increased non -property tax revenues and cash balances not budgeted or considered in this cur- rent budget; and with no increase in tax levies to be paid in the cur- rent fiscal year of 1980-1981; that the Finance Director be directed to correct his records accordingly and the City Clerk to certify a copy of this amendment to the County Auditor of Black Hawk County and the State Comptroller", be adopted. Ayes: Six. Absent: Roehr. Resolution ad- opted and upon approval by Mayor, assigned No. 27005. 3524 - Mayor Rooff reported that a neighborhood meeting had been held with Cedar Terrace residents regarding the Youngblut rezoning request for a parcel located easterly of U.S. Highway 218 and north of E.Shaulis Road from "A-1" Agricultural District to "M-1" Light Industrial District. He reported that many of the resident's questions revolved around the in- creased potential for flooding with industrial uses on the property. He asked that the City Council authorize the firm of Brice, Petrides & As- sociates to prepare a cost estimate for a drainage study to be conducted for that portion of bink Creek located between U.S. Highway 218 and the Cedar River. Moved by Bowers, seconded by Getty to authorize Brice, Petrides and As- sociates to prepare a cost.estimate for the above mentioned portion of Sink Creek. Motion carried. 525 - Mayor Rooff stated that the Chicago, Great Western Railroad has submitt- ed a contract to be signed by the railroad, the City of Waterloo, and the State of Iowa for the repair of the crossings at Fletcher and Ans- borough Avenues. The City's share of the repair is $14,458.33. Moved by Burton, seconded by Bowers that the contract be returned to the Chicago, Great Western Railroad for their signature and that monies to participate in the repair be sought. Motion carried. Tom Hall inquired as to congestion of the downtown streets due to street reconstruction. Mayor Rooff assured him that the work was being complet- ed with Federal monies and that the City appreciated these efforts. Norm Stahl of 720 Dearborn Avenue inquired as to when he could expect completion of the Blowers Creek work. He raised several questions as to some of work thus far completed. The City Engineer will investigE; the complaints. 526 - Moved by Burton, seconded by Bowers that request of Alfred Schott for permission to construct a temporary concrete driveway at 3747 Cedar Ter- race Drive without regard to sidewalk grade, together with $3.00 for re- cording waiver, and City Engineer's recommendation for approval subject to the provisions of his letter, be received, placed on file, approved and "Resolution granting permission to Alfred Schott and authorizing con- struction of a temporary concrete driveway at 3747 Cedar Terrace Drive, irrespective of a later official grade", adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No.27006. May 27, 1980 - 3 - 78527 - Moved by Dowie, seconded by Bowers that request of Milo G. Balhorn for permission to construct a temporary concrete driveway at 223 Letsch Road without regard to sidewalk grade, together with $3.00 for recording waiver, and City Engineer's recommendation for approval subject to the provisions of his letter, be received, placed on file, approved and "Re- solution granting permission to Milo G. Balhorn and authorizing construc- tion of a temporary concrete driveway at 22i Letsch Road, irrespective of a later official grade", adopted. Ayes: Six. Absent: Roehr. Re- solution adopted and upon approval by Mayor, assigned No. 27007. 78528 - Moved by Burton, seconded by Bowers that request of Mrs. Flmer Gigl for permission to construct a temporary asphalt driveway at 332 Black Hawk Road without regard to sidewalk grade, together with $3.00 for recording waiver, and City Engineer's recommendation for approval subject to the provisions of his letter, be received, placed on file, approved and "Re- solution granting permission to Mrs. Flmer Gigl and authorizing construc- ion of a temporary asphalt driveway at 332 Black Hawk Road, irrespective of a later official grade", adopted. Ayes: Six. Absent: Roehr. Re- solution adopted and upon approval by Mayor, assigned No. 27008. 78529 - Moved by Getty, seconded by Bowers that communication from City Engineer transmitting a revision under F.Y. 1979 Paving Program No. 1 Contract No. 166 for special assessment and advising cancellations of Certificate No. 05-39264 with adjusted assessment of $644.62 and Conditional Deficiency of $1,933.84 and Certificate No. 05-39331 with adjusted assessment of $34.56 and Conditional Deficiency of $103.66 and revision of Certificate No. 0539263 with Adjusted Assessment of $393.77 to $1,072.95 and Condit- ional Deficiency of $816.26 to $2,853.76, be received, placed on file, approved and "Resolution approving revision in proposed special assess- ment for F.Y. 1979 Paving Program No. 1 Contract No. 166 for special ass- essment and advising cancellations of Certificate No. 05-39364 with ad- justed assessment of $644.62 and Conditional Deficiency of $1,933.84 and Certificate No. 05-39331 with Adjusted Assessment of $34.56 and Condit- ional Deficiency of $103.66 and revision of Certificate No. 05-39263 with Adjusted Assessment of $393.77 to $1,u72.75 and Conditional Deficiency of $816.26 to $2,853.76, adopted. Ayes: Six. Absent: Roehr. Resolut- ion adopted and upon approval by Mayor, assigned No. 27009. 7853U - Moved by Bowers, seconded by Dowie that under Council Record No.78493 of May 19, 1980, action was deferred on the request of Wendell E. Lockard to construct two temporary asphalt driveways, without regard to sidewalk grade on Howrey Avenue to serve 1616 University Avenue and "Resolution granting permission to Wendell E. Lockard and authorizing construction of two temporary asphalt driveways on Howrey Avenue to serve 1616 Uni- versity Avenue, irrespective of a later official grade", be adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 27010. 78531 - Moved by Burton, seconded by Bowers that under Council Record No.78491 communication from Sign & Traffic recommending that parking be eliminat- ed on the west side of Littlefield Road from University access road to Sager Street and on the south side of Rachael Street from South Hills Drive to Colby Street was deferred for one week and now be received, placed on file, approved and City Attorney instructed to submit ordin- ance accordingly. Motion carried. 78532 - Finance Director and Attorney reported that the following bids were in order and represented the lowest interest rates of those bids received: BIDDER INTEREST RATE CONTRACT NO. 166 1. Dain Bosworth, Inc. 8.875% CONTRACT NO. 168 1. Dain Bosworth, Inc. 8.994975% CONTRACT NO. 170 1. Dain Bosworth, Inc. 8.8607% Moved by Penaluna, seconded by Dowie that the report of the Finance Di- rector and Attorney recommending that the above bids be receivzd ani accepted and "Resolution directing sale of $290,000.00 Street Improve- ment Bonds (Contract No. 170) , $220,000.00 Street Improvement Bonds (Con- tract No. 166) , and $95,000.00 Street Improvement Bonds (Contract No. May 27, 1980 - 4 - 78532 - (continued) 168)", be adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 27011. 78533 - Moved by Bowers, seconded by Wilharm that financial report of Board of Waterloo Water Works Trustees' for quarter ending March 31, 1980, be received and placed on file. Motion carried. 78534 - Moved by Bowers, seconded by Getty that recommendation from the City Engineer requesting that repairs be made at various railroad crossings in the City of Waterloo and costs assessed to the affected railroad companies be received, placed on file, approved and "Resolution authori- zing that repairs be made at various railroad crossings and costs assess- ed to the affected railroad companies", be adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No.27012. 78535 - Moved by Bowers, seconded by Penaluna that an Ordinance establishing names for certain private streets within the City of Waterloo, Iowa, be received, placed on file, considered and passed for the first time. Ayes: Six., Absent: Roehr. Motion carried. 78536 - Moved by Bowers, seconded by Wilharm that the rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspend- ed, 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: Roehr. Motion carried. 78537 - Moved by Wilharm, seconded by Bowers that "An Ordinance establishing names for certain private streets within the City of Waterloo, Iowa", be adopted. Ayes: Six. Absent: Roehr. Ordinance adopted and upon approval by Mayor, assigned No. 3086. 78538 - Moved by Getty, seconded by Bowers that "An Ordinance amending Ordinance No. 2644, known as the Traffic Ordinance, by repealing Sub -Section (218) Park Road, of Section 551, Parking Prohibited at all Times on Certain Streets, and enacting in lieu thereof a new Sub -Section (218) Park Road, to Section 551, Parking Prohibited at all Times on Certain Streets", be received, placed on file, passed and considered for the second time. Ayes: Six. Absent: Roehr. Motion carried. 78539 - Moved by Getty, seconded by Wilharm that the rules requiring ordinances to be considered and voted for passage at two prior meetings, be sus- pended, the above ordinance recorded as having been considered and pass- ed for the second and third times, and now placed on its final adoption. Ayes: Six. Absent: Roehr. Motion carried. 78540 - Moved by Burton, seconded by Bowers that "An Ordinance amending Ordin- ance No. 2644, known as the Traffic Ordinance, by repealing subsection (218) Park Road, of Section 551, Parking Prohibited at all Times on Cer- tain Streets, and enacting in lieu thereof a new subsection (218) Park Road, to Section 551, Parking Prohibited at all Times on Certain Streets' be adopted. Ayes: Six. Absent: Roehr. Ordinance adopted and upon approval by Mayor, assigned No. 3087. 78541 - Moved by Getty, seconded by Penaluna that statement for services by Brice, Petrides & Associates, Inc., for West Ridgeway Avenue Bridge Re- placement Project, Federal Project No. M-6500(504)--81-07, Contract No. 12, in the amount of $4,098.84 and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and ac- cepting the statement dated May 20, 1980 from Brice, Petrides & Associ- ates, Inc., for West Ridgeway Avenue Bridge Replacement Project, Federal Project No. M-6500(504)--81-07, Contract No. 12, and authorizing payment accordingly", be adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 27013. 78542 - Moved by Bowers, seconded by Getty that statement for services rendered by Brice, Petrides & Associates, Inc., for Dry Run Creek Flood Control Works Contract No. 99A in the amount of $9,509.56 and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting the statement dated May 20, 1980 from Brice, Pet. rides, & Associates, Inc., for Dry Run Creek Flood Control Works Cont- ract No.,99A, and authorizing payment accordingly", be adopted. Ayes: May 27, 1'°80 • - 5 78542 - (continued) Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 27014. 78543 - Moved by Burton, seconded by Dowie that statement for services rendered by Brice, Petrides & Associates, Inc., for West Ridgeway Avenue Street Project, Phase II, Federal Project No. M-6500(2)-81-07 Contract No. 165 in the amount of $22,681.08 and City Engineer's recommendation for ap- proval, be received, placed on file and "Resolution approving and accept. inq the statement dated May 20, 1980 from Brice, Petrides & Associates, Inc., for West Ridgeway Avenue Street Project, Phase II, Federal Project No. M-6500(2)--81-07 Contract No. 165, and authorizing payment accord- ingly", be adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 27015. 78544 - Moved by Getty, seconded by Bowers that statement for services rendered by Brice, Petrides & Associates, Inc., for Traffic investigations for Hardees' Restaurant in the amount of $341.21 and City Engineer's recom- mendation for approval, be received, placed on file and "Resolution ap- proving and accepting the statement dated May 20, 1980 from Brice, Pet- rides & Associates, Inc., for Traffic investigations for Hardees' Rest- aurant, and authorizing payment accordingly", be adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 27016. 78545 - Moved by Bowers, seconded by Burton that statement for services rendered by Brice, Petrides & Associates, Inc., for Shaulis Road Improvements - Bridge - from State Highway 21 to relocated U.S. Highway 218, Federal Project No. M-6470(1)--81-07, Contract No. 200, in the amount of $16, 561.57 and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting the statement dated May 20, 1980 from Brice, Petrides & Associates, Inc., for Shaulis Road Improvements - Bridge - from State Highway 21 to relocated U.S. Highway 218, Federal Project No. M-6470(1)--81-07, Contract No. 200, and authorizing payment accordingly", be adopted. Ayes: Six. Absent: Roeh Resolution adopted and upon approval by Mayor, assigned No. 27017. 78546 - Moved by Dowie, seconded by Bowers that statement for services rendered by Brice, Petrides & Associates, Inc., for Shaulis Road Improvements - Paving - from State Highway 21 to relocated U.S. Highway 218, Federal Project No. M-6470(2)--81-07, Contract No. 201 in the amount of $73,981. 54 and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting the statement dated May 20, 1980 from Brice, Petrides & Associates, Inc., for Shaulis Road Im- provements - Paving - from State Highway 21 to relocated U.S. Highway 218, Federal Project No. M-6470(2)--81-07, Contract No. 201, and auth- orizing payment accordingly", be adopted. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 27018. 78547 - Moved by Penaluna, seconded by Bowers that statement for services rend- ered by Brice, Petrides & Associates, Inc., for Engineering Services for Dry Run Creek Flood Control Works, Contract No. 99C in the amount of $4,686.44 and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting the statement dated May 20, 1980 from Brice, Petrides & Associates, Inc., for Engin- eering Services for Dry Run Creek Flood Control Works, and authorizing payment accordingly", be adopted. Ayes: Six. Absent: Roehr. Reso- lution adopted and upon approval by Mayor, assigned No. 27019. 78548 - Moved by Dowie, seconded by Getty that "Resolution, Bills, Schedule A", be received, placed on file. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 27020. 78549 - Moved by Getty, seconded by Burton that City Engineer's detailed plans, specifications, formal contract, formal proposal, preliminary estimate of cost, etc., and notice to bidders for the N.H.S. Quincy and Manson Paving Program No. 1, Contract No. 202, be received, placed on file, and "Resolution ordering bids, approving plans, specifications and form of contract and notice to bidder, fixing amount of bid security and order- ing Clerk to publish notice and fixing a date for receiving same, and for a public hearing on plans, specification, form of contract and es - May 27, 1980 - 6 - 78549 - (continued) timate of costs", adopted and date set as June 16, 1980. Ayes: Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assigned No. 27021. 78550 - Moved by Bowers, seconded by Penaluna that communication from Superin- tendent of Sewers reporting termination of Robert L. Duncan effective May 15, 1980 and entitlement of 139 hours of sick time and 40 hours va- cation pay be received, placed on file and "Resolution approving payment of $1,174.24 sick leave pay and vacation pay to Robert L. Duncan, Water- loo Sewer Department", be adopted. Ayes: Six. Absent: Roehr. Reso- lution adopted and upon approval by Mayor, assigned No. 27022. 78551 - Moved by Burton, seconded by Bowers that communication from Superinten- dent of Traffic Signals and City Electrician reporting resignation of Kevin E. Edler effective May 19, 1980 and entitlement of 80 hours vacat- ion pay and $250.00 for one week's pay, be received, placed on file and "Resolution approving payment of $750.00 sick leave pay and one week's pay to Kevin E. Edler, Electrical Department", be adopted. Ayes. Six. Absent: Roehr. Resolution adopted and upon approval by Mayor, assign- ed No. 27023. 78552 - Moved by Bowers, seconded by Wilharm that following requests for per- mission to attend functions, with expenses allowed not to exceed amounts shown, be received, placed on file and approved: Director and Asst. Director of Personnel to League of Iowa Municipalities Municipal Employment Relations Council, Des Moines, Iowa, on June 6,1980. $49.60 Lt., Juvenile Division to 25th Annual Juvenile Officers Institute, Uni- versity of Minnesota, Minneapolis, Minnesota, June 16 - July 25, 1980 $1,347.00 (25% City's share -- $336.75) Ayes: Six. Absent: Roehr. Motion carried. 78553 - Moved by Wilharm, seconded by Bowers that following applications for Beer Permits and Beer Liquor Licenses, be received, placed on file, ap- proved, and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer Liquor Licenses Applications Class C Benevolent & Protective Order of Elks #290, Inc., 407 East Park Ave. Sunday Sales - Beer & Liauor Applications Class C Benevolent & Protective Order of Elks #290, Inc., 407 East Park Ave. Beer Permit Applications Class C Kwik Shop, Inc., dba Kwik Shop #521, 352 Fletcher Kimball Grocery, Inc.,dba Kimball Avenue S & S, 2206 Kimball Ave. Sunday Sales - Beer Permit Applications Class C Kwik Shop, Inc., dba Kwik Shop #521, 352 Fletcher Kimball Grocery, Inc., dba Kimball Avenue S & S, 2206 Kimball Ave. Motion carried. 78554 - Moved by Penaluna, seconded by Bowers that the following applications for Sign Painter License be received, placed on file, and granted: Len Hogan, 907 Lafayette, Waterloo, Iowa. Motion carried. 78555 - Moved by Bowers, seconded by Burton that the following applications for Scavenger License be received, placed on file, and granted: R.L. Mar- shall dba Mar -Mac Septic Tank Service, 310 2nd St., Washburn, Iowa. Motion carried. 78556 - Moved by Burton, seconded by Dowie that the following applications for Fireworks Display be received, placed on file, and granted: Sunnyside Country Club, 1600 Olympic Drive. Motion carried. 78557 - Moved by Getty, seconded by Bowers that thirty-five Cigarette License May 27, 1980 78557 - (continued) renewals be received, placed on file, and granted. Motion carried. 78558 - Moved by Bowers, seconded by Burton that report of City Attorney and list of bonds filed with the Clerk through May 27, 1980, be received, placed on file and report and bonds approved. Motion carried. 78559 - Moved by Dowie, seconded by Bowers that the Council adjourn. Motion carried. Larry P. Burger City Clerk. May 27, 1980