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HomeMy WebLinkAbout04/14/80April 14, 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 April 14, 1980. Mayor Rooff in the Chair. On roll call: Present: Bowers, Burton, Dowie, Getty, Roehr, Wilharm. Absent: Penaluna. Invocation by Councilman Getty. 78284 - Moved by Roehr, seconded Regular Session of April Motion carried. 78285 - Moved by Burton, seconded ion held April 7, 1980 at by Burton that the Agenda, as amended, for the 14, 1980, at 7:00 P.M., be accepted and approved. by Bowers that the minutes of the regular sess- 7:00 P.M. be approved. Motion carried. Murle Dietz, Jr., 1241 W.Mullan Avenue, questioned if the City had been contacted about the changes that the school system is proposing. Mr. Dietz expressed concern about the safety of the children at uncontrolled intersections. Mayor Rooff responded that the City has not been notified, in advance, on any of the proposed changes of the schools. Mayor Rooff further stated that the Cities F.Y. 81 budget does not reflect any money for new crossing signals. 78286 - R. Ohrt, 1230 Ann Street, asked 78225 of April 7, 1980 and pass Ogden Avenue from Fulton Street the Council to reconsider Council Action an ordinance vacating that portion of to Ann Street. Moved by Getty, seconded by Bowers that R. Ohrt request be received, placed on file and refer to City Engineer for a report back April 21, 1980. Motion carried. Robert C. Hansen Jr., 2804 Fairlane Avenue, questioned who was respon- sible for allowing contractors to pave subdivisions before the subdiv- ision is complete. Specifically - Olympic Drive. Mayor Rooff responded that in the future it will be the responsibility of the subdivider to have the streets in proper maintenance. 78287 - Moved by Roehr, seconded by Dowie that communication from Quintin Parker, Sign and Traffic Department, in reference to Council Action #78233, on recommendation not to allow parking on the north side of Park Road from Columbia to Broadway to be received, placed on file and refer to City Attorney for a report back regarding rewriting of the ordinance. Motion carried. 78288 - Moved by Roehr, seconded by Burton that offer from W. W. Grainger, Inc., to purchase a 4.89 acre tract of land located in part of the SW4 of the SWC of Section 4-89-13 currently owned by the Waterloo Municipal Airport for $68,000.00, together with Waterloo Airport Commission's Resolution recommending the sale t� W. W. Grainger, Inc., be received, placed on file and "Resolution fixing the time and place of hearing as May 5, 1980, at 7:00 P.M. in Council Chambers in City Hall", adopted and Clerk in- structed to publish notice. Aves: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 26929. 78289 - Moved by Bowers, seconded by Burton that communication from Community Development Board transmitting a petition from the residents on the north side of the 300 block of Alta Vista objecting to the sidewalk being recommended for construction by the Mayor's Safety Committee, be received, placed on file, and referred to Mayor's Safety Committee. Motion carried. 78290 - Moved by Wilharm, seconded by Bowers that request of Northwestern Bell for installation of two (2) drive -up public telephones on public right- of-way with the City to receive 15% commission on the amount of money that is collected in each of the phones, be received, placed on file and "Resolution granting permission to Northwestern Bell for installation of two (2) drive -up public telephones with one on the east side of West 5th Street at Grant and West 5th and the second on the west side of the ac- cess road which runs parallel to Highway 63 at the Logan Avenue Shopping Center with the City to receive 15% commission on the amount of money that is collected at each location", adopted. Ayes: Six. Absent: Pen- aluna. Resolution adopted and upon approval by Mayor, assigned No. 26930. 78291 - Moved by Wilharm, seconded by Burton that request of Roosevelt Roby, Jr., President, Urban Enterprises, Inc., Waterloo, Iowa, for the City to use Block Grant Funds to construct sidewalks and curbs on and around Parcel No. 40 of Community Development Urban Renewal Plan and as shown on at- tached sketch and to amend the City's current Capital Improvements Pro- gram to include this request, be received, placed on file, and referred to the City Engineer with a report back. Motion carried. 78292 - Moved by Roehr, seconded by Wilharm that request of Richard K. McDermott for permission to construct temporary concrete driveway, without regard to sidewalk grade, at 644 South Hackett Road, and City Engineer's re- commendation for approval subject to the provisions of his letter, be received, placed on file, recommendations approved andermission grant- ed in accordance therewith. Motion carried. 4p 9 3 C A � 78293 - Moved by Wilharm, seconded by Bowers that communication from City Engin- eer, transmitting bid tabulation from Waterloo Construction Company, Inc., for Repairs to the llth Street and Falls Avenue Bridges, Contract No. 16, and recommending approval of award of contract to Waterloo Construction Company, Inc., in the amount of $233,485.20, be received, placed on file and "Resolution approving award of contract for Repairs to the llth Street and Falls Avenue Bridges, to Waterloo Construction, Inc., in the amount of $233,485.20", adopted. Ayes: Six. Absent:Penaluna. Resolut- ion adopted and upon approval by Mayor, assigned No. 26931. 78294 / Moved by Bowers, seconded by Dowie that communication from City Engineer, transmitting bid tabulation from Cedar Valley Corporation for F.Y. 1980 Paving Program No. 1, Contract No. 176, and recommending approval of award of contract to Cedar Valley Corporation in the amount of $422,103. 38, be received, placed on file and "Resolution approving award of con- tract of F.Y. 1980 Paving Program No. 1, Contract No. 176 to Cedar Valley Corporation in the amount of $422,103.38", adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 6932. Moved by Wilharm that under Council Action No. 78243 of April 7, 1980, action was delayed on the request of F.R. Debe on behalf of Hardee's Food Systems, Inc., for permission to construct one 26'•commercial curb cut generally located on U.S. Highway 218 just westerly of its inter- section on Falls Avenue, as shown on attached plat and the alternate request for a 45' commercial curb cut approximately 100' further west on U.S. Highway 218, be received, placed on file and referred to Plan and Program Commission for recommendation. Motion died for lack of second. 78295 - Moved by Getty, seconded by Bowers that under Council Action No. 78243 of April 7, 1980, action was delayed on the request of F.R. Debe on be- half of Hardee's Food Systems, Inc., for permission to construct one 26' commercial curb cut generally'located on U.S. Highway 218 just westerly of its intersection on Falls Avenue, as shown on attached plat and the alternate request for a 45' commercial curb cut approximately 100' fur- ther west on U.S. Highway 218, be received, placed on file. "Resolution granting Hardee's Food Systems, Inc., permission to construct one 45' commercial curb cut generally located on U.S. Highway 218 just westerly of its intersection on Falls Avenue, as shown on attached plat, be adopted. Ayes: Bowers, Burton, Dowie, Getty, Nays: Roehr, Wilharm. Absent: Penaluna. Resolution adopted and upon approval by Mayor, asign- ed No. 26933. 78296 - Moved by Wilharm, seconded by Bowers that communication from City Engin- eer, advising improvements required as a condition precedent to final approval of plat improvements of the addition to be known as Northgate Addition have been completed in substantial conformance with construct- ion plans, standards and requirements of his office, submitting four- year maintenance bond for street improvements and two-year maintenance bond for the sewer improvements, and recommending acceptance of said addition and bonds, be received, placed on file, approved and accepted with effective dates of bonds being that of final Council approval. Motion carried. 78297 Moved by Bowers, seconded by Burton that minutes of the regular meeting of the Community Development Board held March 11, 1980 at 7:00 P.M. be received, placed on file and approved. Motion carried. April 14, 1980 3 78298 - Mayor Rooff presented a report from the Mayor's Special Housing and Review Committee. The Committee was to investigate and make recom- mendations to Waterloo's Block Grant Housing Rehabilitation Program. Mayor Rooff expressed his thanks to the committee for doing an excell- ent job. Moved by Bowers, seconded by Burton that the Mayor's report be receiv- ed, placed on file. Bowers also expressed the Council's thanks to the committee. Motion carried. 78299 - Moved by Bowers, seconded by Dowie that Final Plat of Fortune Addition with Deed of Dedication, Report of City Engineer, Engineer's Certificate of Survey, Petition and Waivers, Plan and Program Commission's resolut- ion of approval and its recommendation for Council approval, be receiv- ed, placed on file and "Resolution approving the Final Plat of Fortune Addition, Waterloo, Black Hawk County, Iowa", adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor, as- signed No. 26934. 78300 - Moved by Burton, seconded by Getty that Change Order No. 1 for work per- formed on the Sans Souci Drive Sanitary Sewer Program, Contract No. 192, by Lehman Trucking and Excavating, Inc., in the amount of $1,819.87, to- gether with Engineer's recommendation for approval, be received, placed on file, approved and Mayor and City Clerk authorized to execute same. Motion carried. 78301 - Moved by Bowers, seconded by Wilharm that communication from Plan and Program Commission, transmitting a site plan for Hardee's Food Systems, Inc., generally located southeasterly of the intersection of Ridgeway Avenue and Kimball Avenue, a "S-1" Shopping Center District, and recom- mending denial, and on Council's own motion, be received, placed on file, and "Resolution setting date of public hearing as May 5, 1980 at 7:00 P.M. in the City Hall Council -Chambers", adopted and City Clerk instructed to publish notice. Ayes: Six. Absent: Penaluna. Reso- lution adopted and upon approval of Mayor, assigned No. 26935. 78302 - Moved by Bowers, seconded by Burton that an amendment to contract with the Department of Housing and Urban Development for Federal assistance to the Rath Packing Company (#B -79 -AA -19-0004) and the City of Waterloo, be received, placed on file and "Resolution approving amendment to con- tract with the Department of Housing and Urban Development for Federal assistance to the Rath Packing Company (#B-79-AA-19-0004)and the City of Waterloo", adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 26936. 78303 - Moved by Burton, seconded by -Getty that Contract, Bond and Certificate of Insurance for Contract No. 194, be received, placed on file and "Resolution approving Contract and Bond of Black Hawk Plumbing Company for 600 Block North Barclay Street Sanitary Service Relocation, Section I: Wiring, Contract No. 194, in the amount of $742.60", adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 26937. 78304 - Moved by Wilharm, seconded by Bowers that Contract, Bond and Certificate of Insurance for Contract No. 194, be received, placed on file and "Re- solution approving Contract and Bond of Black Hawk Plumbing for 600 Block North Barclay Street Sanitary Service Relocation, Section II: Plumbing - Parts A, B, C, Contract No. 194, in the amount of $13,752.50", adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 26938. 78305 - Moved by Burton, seconded by Bowers that An Ordinance repealing in its entirety paragraph 5 of Section 203, annual fee for certificate of com- petency, of the heating, air-conditioning, and ventilation code of the City of Waterloo, known as Ordinance No. 1971 of Waterloo, Iowa, as amen- ded, and enacting in lieu thereof new paragraph 5 of Section 203, annual fee for certificate of competency; repealing in its entirety Section 400, schedule of permit fees, of the heating, air-conditioning, and ventilat- ion code of the City of Waterloo, known as Ordinance No. 1971 of Water- loo, Iowa, as amended, and enacting in lieu thereof new Section 400, Schedule of permit fees, be received and passed for third time. Ayes: Six. Absent: Penaluna. Motion carried. April 14, 1980 78306 - Moved by Burton, seconded by Dowie that "An Ordinance repealing in its entirety paragraph 5 of Section 203, annual fee for certificate of com- petency, of the heating, air-conditioning, and ventilation code of the City of Waterloo, known as Ordinance No. 1971 of Waterloo, Iowa, as am- ended, and enacting in lieu thereof new paragraph 5 of Section 203, an- nual fee for certificate of competency; repealing in its entirety Sect- ion 400, schedule of permit fees, of the heating, air-conditioning, and ventilation code of the City of Waterloo, known as Ordinance No. 1971 of Waterloo, Iowa, as amended, and enacting in lieu thereof new Section 400, schedule of permit fees", be adopted. Ayes: Six. Absent: Pena- luna. Ordinance adopted and upon approval by Mayor, assigned No. 3079. 78307 - Moved by Wilharm, seconded by Getty that an ordinance amending Ordinance No. 2644, known as the Traffic Ordinance, by repealing Section 550, Taxi- cab Zones, in its entirety; and enacting in lieu thereof new Section 550, Taxicab Zones," be received, placed on file and passed for second time. Ayes: Six. Absent: Penaluna. Motion carried. 78308 - Moved by Burton, seconded by Bowers that the rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspen- ded, 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: Penaluna. Motion carried. 78309 - Moved by Bowers, seconded by Wilharm that "An Ordinance amending Ordin- ance No. 2644, known as the Traffic Ordinance, by repealing Section 550, Taxicab Zones, in its entirety; and enacting in lieu thereof new Section 550, Taxicab Zones," be adopted. Ayes: Six. Absent: Penaluna. Ord- inance adopted and upon approval by Mayor, assigned No. 3080. 78310 - Moved by Burton, seconded by Dowie that An Ordinance repealing Chapter 36, Vehicles for Hire, in its entirety and enacting in lieu thereof new Chapter 36, Taxicabs", be received, placed on file, and passed for third time. Ayes: Six. Absent: Penaluna. Motion carried. 78311 - Moved by Burton, seconded by Wilharm that "An Ordinance repealing Chap- ter 36, Vehicles for Hire, in its entirety and enacting in lieu thereof new Chapter 36, Taxicabs", be adopted. Ayes: Six. Absent: Penaluna. Ordinance adopted and upon approval by Mayor, assigned No. 3081. 78312 - Moved by Bowers, seconded by Getty that "An Ordinance amending Chapter 34, Article III, Sewers, of the Code of Ordinancesof the City of Water- loo, .by repealing Section 34-54, Basic Charge and Rates Established, Basis of Determination, Increase of Rates and Charges for Delinquent Payments, Paragraph (f) and enacting in lieu thereof new Section 34-54, Paragraph (f) , " be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Penaluna. Motion carried. 78313 - Moved by Burton, seconded by Wilharm that Resolution authorizing the Mayor and City Clerk to sign agreement No. 80-3-017, a Co-operative Agreement between the Iowa Department of Transportation and the City of Waterloo for the construction of the I-380 and Freeway 520 Interchange and other roadway work in the vicinity be received, placed on file and "Resolution authorizing the Mayor and City Clerk to sign Agreement No. 80-3-017, a Co-operative Agreement between the Iowa Department of Trans- portation and the City of Waterloo for the construction of the I-380 and Freeway 520 Interchange and other roadway work in the vicinity", adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 26939. 78314 - Moved by Bowers, seconded by Getty that Resolution authorizing the Mayor to sign for the City of Waterloo a resolution urging the Congress of the United States to take whatever action necessary toward gaining reenact- ment of the Federal Revenue Sharing Program be received, placed on file, and approved and "Resolution authorizing the Mayor to sign for the City of Waterloo a resolution urging the Congress of the United States to take whatever action necessary toward gaining reenactment of the Federal Reven- ue Sharing Program", adopted. Ayes: Six. Absent: Penaluna.Resolution adopted and upon approval by Mayor, assigned No. 26940. 78315 - Moved by Burton, seconded by Dowie that Pay Estimate No. 1 for work com- pleted by Peterson Contractors, Inc., on the Liberty Park Improvements, Contract No. 99A in the amount of $5,409.00 and City Engineer's recom- mendation for approval, be received, placed on file, and "Resolution approving and accepting Pay Estimate No. 1 dated April 1, 1980 from Peterson Contractors, Inc., for work completed on the Liberty Park Im- provements, and authorizing payment accordingly", adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor, as- signed No. 26941. 78316 - Moved by Bowers, seconded by Wilharm that Pay Estimate No. 2 for work completed by Lehman Trucking and Excavating, Inc., on the Sans Souci Drive Sanitary Sewer Program, Contract No. 192 in the amount of $19, 523.77 and City Engineer's recommendation for approval, be received, placed on file and "Resolution approving and accepting Pay Estimate No. 2 from Lehman Trucking and Excavating, Inc., for work completed on the Sans Souci Drive Sanitary Sewer Program, and authorizing payment accordingly", adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 26942. 78317 - Moved by Burton, seconded by Bowers that Pay Estimate No. 6 for work completed by Peterson Contractors, Inc., on the Dry Run Creek Flood Control Works, Contract No. 99C in the amount of $5,016.05 and City Engineer's recommendation for approval, be received, placed on file, and "Resolution approving and accepting Pay Estimate No. 6 dated April 1, 1980 from Peterson Contractors, Inc., for work completed on the Dry Run Creek Flood Control Works, and authorizing payment accordingly", adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 26943. 78318 - Moved by Bowers, seconded by Wilharm that statement for services rend- ered by See Electric for Sections 3 & 4 of Contract No. 175 - Phase 1 - Urban Development Action Grant Project in the amount of $6,731.09, and Community Development's recommendation for approval, be received, placed on file, and "Resolution approving and accepting the statement dated March 19, 1980 from See Electric, for Sections 3 & 4, Contract No. 175 - Phase I - Urban Development Action Grant Project, and authorizing pay- ment accordingly", adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 26944. 78319 - Moved by Bowers, seconded by Wilharm that statement for work performed in connection with the reconstruction of existing grade crossings on West Ridgeway Avenue, from Chicago and North Western Transportation Company, Progressive Bill No. 2 in the amount of $11,070.22 and City Engineer's recommendation for approval, be received, placed on file, and "Resolution approving and.accepting the statement dated January 31, 1980 from Chicago and North Western Transportation Company for recon- struction of existing grade crossings on West Ridgeway Avenue, and auth- orizing payment accordingly", adopted. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 26945. 78320 - Moved by Dowie, seconded by Bowers that "Resolution, Bills, Schedule A, and Schedule B", be received, plar'ed on file. Ayes: Six. Absent: Penaluna. Resolution adopted and upon approval by Mayor, assigned No. 26946. 78321 - Moved by Bowers, seconded by Getty that following applications for Beer Permits, be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer Permit Applications Class C Eilers Conoco, 2243 Independence Avenue Alfred W. Muether dba Muether's Super Valu Inc., 710 Broadway Beer Permit Applications Class B Madri Corporation dba Long John Silver's, 2320 University Avenue Robert Van Fleet dba Byrnes Park Pro Shop, 1000 Fletcher Avenue Robert Van Fleet dba Gates Park Pro Shop, 820 Donald Street Robert Van Fleet dba South Hills Pro Shop, 1839 E. Shaulis Road Best Foods of Waterloo, Inc., dba Mr. Steak, 2936 University Avenue April 14, 1980 78321 - (Continued) Sunday Sales - Beer Permit Application Class B Madri Corporation dba Long John Silver's, 2321 University Avenue Robert Van Fleet dba Byrnes Park Pro Shop, 1000 Fletcher Avenue Robert Van Fleet dba Gates Park Pro Shop, 820 W. Donald Street Robert Van Fleet dba South Hills Pro Shop, 1830 E. Shaulis Road Class C. Alfred Muether dba Muether's Super Valu, Inc., 710 Broadway Eilers Conoco, 2243 Independence Avenue Motion carried. 78322 - Moved by Burton, seconded by Bowers that A application for the follow- ing dance license, be received, placed on file and granted. Dance License. Criterion Catering Services, Inc., dba Hat Trick Lounge, 425 Washington Motion carried. 78323 - Moved by Getty, seconded by Wilharm that the following applications for Ambulance Driver Permits, be received, placed on file and granted. Fern Q. Atwood, 4304 Rownd Street, Cedar Falls, Iowa. Motion carried. 78324 - Moved by Bowers, seconded by Wilharm that report of City Attorney and list of bonds filed with Clerk through April 14, 1980, be received, plac- ed on file and report and bonds approved. Motion carried. 78325 - Moved by Wilharm, seconded by Getty that the Council adjourn to meet as Board of Health. Motion carried. Larry P. Burger City Clerk. The Council of City of Waterloo, Iowa, met as the Board of Health in Council Chambers in the City Hall at 8:42 P.M., on April 14, 1980. Mayor Rooff•in the Chair. On roll call: Present: Bowers, Burton, Dowie, Getty, Roehr, Wilharm. Absent: Penaluna. Moved by Getty, seconded by Wilharm that communication from Health and Sanitation to allow the City to enter into an agreement with the U.S. Department of Agriculture (Health Inspection Agreement) to perform health and sanitation inspections of facilities and sites currently pre- paring or serving meals for the summer food service program for children at a fee of $17.78 per inspection, be received, placed on file and ap- proved. Ayes: Six. Absent: Penaluna. Motion carried. Moved by Burton, seconded by Bowers that to receive, file and approved the Health and Sanitation report for the quarter ending March 31, 1980. Motion carried. There being no further business, it was moved by Bowers, seconded by Getty that the Board of Health adjourn. Motion carried. Larry P. Burger City Clerk April 14, 1980.