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HomeMy WebLinkAbout08/02/82August 2, 1982 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 August 2, 1982. Mayor Rooff in the Chair. On Roll Call: Present: Getty, Penaluna, Roehr, Wilharm, Bowers, Burton, Dowie. Invocation by Bowers. 82858 - Moved by Roehr, seconded by Wilharm that the Agenda, as amended, for the Regular Session of August 2, 1982 at 7:00 p.m., be accepted and approved. Motion carried. 82859 - Moved by Penaluna, seconded by Dowie that the minutes of the Regular Session of July 26, 1982, at 7:00 p.m., be approved. Motion carried. HEARINGS AND BIDS 82860 - Moved by Roehr, seconded by Wilharm that Proof of Publication of notice of public hearing on construction of the F.Y. 1983 ConWay Vicinity Parking Ramp, Contract No. 241, as published in the Waterloo Courier on July 6, 1982, be received and placed on file. Motion carried. 82861 - HOLD HEARING --This being the time and place of hearing, the Mayor called for oral and written objections and there were none. Moved by Wilharm, seconded by Burton that "Resolution confirming the approval of plans, specifications, etc. for the construction of F.Y. 1983 ConWay Vicinity Parking Ramp, Contract No. 241," be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-340. 82862 - Moved by Burton, seconded by Wilharm that "Resolution ordering construction of the F.Y. 1983 ConWay Vicinity Parking Ramp, Contract No. 241", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-341. 82863 - Moved by Wilharm, seconded by Bowers to receive and file bids and Deputy City Clerk be instructed to open and read bids and said bids referred to City Engineer for review and recommendation in one week: Base Bid Alt. #1 Alt. #2 Alt. #3 Alt. #4 Bidder Cardinal $4,376,869.84 $ 39800 $ 74286 $ 35700 $ 72900 Construction Jens Olesen $4,423,490 $ 39500 $ 76500 $ 38000 $ 72000 Knutson $4,913,855 Construction Vulcan $4,351,789 Construction Williams $4,998,000 Bros. Motion carried. $ 39000 $ 74000 $ 42000 $ 73000 $ 39500 $ 75700 $ 36200 $ 73400 $ 42000 $ 78000 $ 32000 $ 76000 August 2, 1982 HEARINGS AND BIDS CONTINUED: 82871 - Moved by Wilharm, seconded by Dowie Page Three to receive and file bids and Deputy City Clerk be instructed to open and read bids and said bids referred to City Engineer for review and recommendation in one (1) week: Bidder Assink Brothers, Inc. Roy Avis Construction Co. Leo Ohrt Peterson Contractors, Inc. Motion carried. 82872 - Moved by Penaluna, seconded by Wilharm Amount $ 23361.84 $ 33488.57 $ 20864.25 $ 26457.87 the Proof of Publication of notice of public hearing of the revocation of the Class C Beer & Liquor License permit of Barley Corn Lounge, 2421 Falls Avenue, as published in the Waterloo Courier on July 16, 1982, be received and placed on file. Motion carried. 82873 - HOLD HEARING --This being the time and place of said hearing, the Mayor called for written and oral objections. Mayor Rooff suggested that closing the business maybe a more reasonable alternative than revoking a beer & liquor license. C.W. Parsons, Building Official, reported that work on asphalting the lot had begun. Councilman Dowie suggested that the matter be delayed to hear from the Manager on plans for project completion. Moved by Penaluna, seconded by Wilharm to adjourn said hearing until August 9, 1982, at 7:00 p.m. in the City Council Chambers. Ayes: Five. Nays: Bowers and Burton. Motion carried. HEARINGS 82874 - Moved by Roehr, seconded by Burton that proof of publication of notice of public hearing on placement of rigid barrier on Highway #20 near Newton Street as published in the Waterloo Courier on July 28, 1982 be received and placed on file. Motion carried. 82875 - HOLD HEARING --This being the time and place of hearing, the Mayor called for written and oral objections. Councilman Getty presented a petition of opposition to the placement of a barrier at the above described location. Moved by Getty, seconded by Roehr to receive and place on file the above petition. Motion carried. August 2, 1982 PETITIONS FROM PUBLIC CONTINUED Page Five 82880 - Robert Frost stated that collection of monies for Muscular Dystrophy was voluntary and in cooperation with area 7-11 Stores. He stated his willingness to abide by applicable city ordinances. Moved by Getty, seconded by Burton communication from Robert Frost, requesting permission to conduct toll roads over the Labor Day weekend or the weekend before on Conger and Burton, Fourth & Kimball, and Ridgeway and Ansborough on behalf of Muscular Dystrophy fund raising be received, placed on file and referred to the Police Department and City Attorney's Office for further review. Motion carried. 82881 - Moved by Dowie, seconded by Bowers to receive and place on file a petition from various property owners of Albany, Phillips and Lewis Streets for oiling and filling of potholes and refer to the City Engineers and Street Department for review. Motion carried. 82882 - Moved by Getty, seconded by Wilharm that request of Patrick R. Downing, 1124 West Donald Street, to construct temporary asphalt driveway, and Francis Hanlon, 718 Cedar Bend Street to construct a temporary concrete driveway, without regard to sidewalk grade, together with $3 each for recording waiver, together with City Engineer's recommendation for approval be received, placed on file and "Resolution granting permission to Patrick R. Downing, 1124 West Donald Street, and Francis Hanlon, 718 Cedar Bend Street, to construct temporary asphalt and concrete driveways respectively, irrespective of sidewalk grade", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-348 & 1982-349 respectively. REPORTS 82883 - Moved by Burton, seconded by Wilharm that the communication from Sign and Traffic Department recommending restricting parking on the north side of Sears Drive from Highway #412 to Camelot Drive and both sides of Camelot Drive from Sears Drive to the northerly end of Camelot Drive be received, placed on file, approved and instruct City Attorney to prepare an ordinance accordingly. Motion carried. DOCUMENTS 82884 - Moved by Bowers, seconded by Roehr that communication from Plan and Program Director transmitting recommendation for approval of payment of $5,196.00 to Meyers Sheet Metal Works, Inc. for renovation of the East Side Library Project be received, placed on file and "Resolution authorizing payment of $5,196.00 to Meyers Sheet Metal Works for East Side Library Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-350. 82885 - Moved by Roehr, seconded by Getty that communication from Community Development transmitting Change Order No. 3 for Lincoln-Ackermant Storm Sewer and Sanitary Sewer Improvements, Stage II, Contract No. 214 for increase of $8,855.58 together with recommendation of approval be received, placed on file, and approved, and Mayor and Deputy Clerk authorized to execute same. Motion carried. August 2, 1982 Page Two HEARINGS AND BIDS CONTINUED: 82864 - Moved by Dowie, seconded by Wilharm that Proof of Publication and Notice of Public Hearing on F. Y. 1982 East San Marnan at Sears Street and Penneys Street Improvements, Contract No. 230, in City of Waterloo, Iowa as published in the Waterloo Courier on July 16, 1982, be received and placed on file. Motion carried. 82865 - HOLD HEARING --This being the time and place of hearing, the Mayor called for oral and written objections and there were none. Moved by Wilharm, seconded by Bowers that "Resolution confirming the approval of plans, specifications, etc. for F.Y. 1982 East San Marnan at Sears Street and Penneys Street Improvement, Contract No. 230", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-342. 82866 - Moved by Bowers, seconded by Burton that "Resolution ordering the construction of the F.Y. 1982 East San Marnan at Sears Street and Penneys Street Improvement, Contract No. 230", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-343. 82867 - Moved by Wilharm, seconded by Getty to receive and file bids and Deputy City Clerk be instructed to open and read bids and refer said bids to the City Engineer for review and recommendation in one (1) week: Bidder Amount Cedar Falls Construction $149,537.55 Cedar Valley Corporation $152,642.03 Concrete Foundations $142,214.49 Motion carried. 82868 - Moved by Roehr, seconded by Wilharm that Proof of Publication of notice of public hearing on construction of the F.Y. 1983 Pinehurst Drainage Improvements, Schedule II, Contract No. 242, as published in the Waterloo Courier on July 23, 1982, be received and placed on file. Motion carried. 82869 - HOLD HEARING --This being the time and place of hearing, the Mayor called for oral and written objections and there were none. Moved by Wilharm, seconded by Dowie that "Resolution confirming the approval of plans, specifications, etc. for the construction of F.Y. 1983 Pinehurst Drainage Improvement, Schedule II;_-&Qtract No. 242", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-344. 82870 = Moved by Roehr, seconded by Wilharm that "Resolution ordering construction of the F.Y. 1983 Pinehurst Drainage Improvement, Schedule II, Contract No. 242", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-345. August 2, 1982 HEARINGS CONTINUED Page Four 82876 - Kurt Klatt, Attorney for Fereday Heating, asked the Council's consideration of the following: 1) the safety of the company's employees and 2) the City's liability should there be an accident causing injury to an employee. The placement of the New Jersey barrier at this location was suggested as the most suitable alternative by the Iowa Department of Transportation. Cost would be born equally between the State of Iowa and City of Waterloo. Several neighborhood residents spoke against the placement of a barrier on the curve and suggested that Fereday place barriers in front of their property for protection. Jack Hovey, neighborhood resident, stated several possible alternatives: 1) flashing lights 2) four-way stop 3) rumble strips 4) reductions in speed limits 5) more police protection The "ricocheting" affect that a New Jersey barrier may have was sited as a deterent to its construction. Moved by Wilharm, seconded by Roehr to not construct the proposed barrier on U.S. Highway 20 near Newton Street. Ayes: Five. Nays: Penaluna & Dowie. Motion carried. PETITIONS FROM PUBLIC 82877 - Moved by Getty, seconded by Burton that the petition of Linda Kay Turner for suspension of payment of property taxes for property known as Lot 9, Block 8 in Mansons Third Addition (also known as 321 Gable Street) as allowed under Section 427.8 of the State Code of Iowa be received, placed on file, approved, and said action referred to the County Board of Supervisors for further action. Motion carried. 82878 - Moved by Roehr, seconded by Getty that communication from Zoning Commission transmitting a proposed ordinance change to the City Zoning Ordinance No. 2479, as amended, to the Off Street Parking Area Section together with recommendation of approval, be received, placed on file and "Resolution setting a date of hearing as August 23, 1982, at 7:00 p.m. City Council Chambers, City Hall, Waterloo, Iowa, on above described ordinance change", be adopted and Deputy City Clerk instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-346. 82879 - Moved by Bowers, seconded by Getty that the communication from Zoning Commission transmitting proposed site plan for the construction of a building to house the Department of Correctional Services on the easterly corner of the intersection of E. Sixth and Lafayette Street be received, placed on file and "Resolution setting date of hearing on the above proposed site plan as August 23, 1982 at 7:00 p.m. in the Council Chambers, City Hall, Waterloo, Iowa", be adopted and Deputy City Clerk instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-347. August 2, 1982 DOCUMENTS CONTINUED Page Six 82886 - A representative of the Humane Society explained the need for the increase, including the services rendered by his organization. Moved by Getty, seconded by Wilharm that request of Black Hawk County Humane Society for increase in Kennel Services in the amount of $15.00 per animal or $3,900 per month together with recommendation from Plan and Program Director and Health Services/Animal Control for approval of $3,630 per month be received, placed on file and an amount of $3,630/month or $43,560 yearly, be approved. Motion carried. ORDINANCES TO BE ADOPTED 82887 - Moved by Dowie, seconded by Getty "An ordinance amending Ordinance No. 2644, known as the Traffic Code, by repealing subsection (40) Hammond Avenue of Section 541, increasing speed limits in certain area, and enacting in lieu thereof new subsections (40) Hammond Avenue and (40a) Hammond Avenue of Section 541, increasing speed limits in certain areas", be received, placed on file and passed for the first time. Ayes: Seven. Motion carried. 82888 - Moved by Wilharm, seconded by Getty that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended and that above ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Seven. Motion carried. 82889 - Moved by Getty, seconded by Wilharm "An ordinance amending Ordinance No. 2644, known as the Traffic Code, by repealing Subsection (40) Hammond Avenue of Section 541, increasing speed limits in certain area, and enacting in lieu thereof new subsections (40) Hammond Avenue and (40a) Hammond Avenue of Section 541, increasing speed limits in certain areas", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 3232. 82890 - Moved by Bowers, seconded by Dowie an "Ordinance amending Ordinance No. 2644, known as the Traffic Code, by adding Subsection (94a) Idaho and Monroe Street to Section 540, obedience to official traffic -control devices, and by repealing Subsection (46) Idaho Street of Section 543, thru streets, and enacting in lieu thereof a new Subsection (46) Idaho Street of Section 5543, thru streets", be received, placed on file and passed for first time. Motion carried. August 2, 1982 ORDINANCES TO BE ADOPTED CONTINUED 82891 - Moved by Getty, seconded by Burton Page Seven that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended, and that above ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Seven. (see CR 82892 below) Motion carried. 82892 - Moved by Dowie, seconded by Getty that "Ordinance No. 2479, as amended, Zoning Ordinance, be amended by making Changes in the "U-1" Unclassified District", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor, assigned No. 3233. 82893 - Moved by Penaluna, seconded by Burton "an Ordinance vacating an alley lying north of Riehl Street and West of Lots 10 and 11, Block 1 of Ricker and Bratnober's Land Company Addition", be received, placed on file and passed for the third time. Ayes: Seven. Motion carried. 82894 - Moved by Getty, seconded by Wilharm "an Ordinance vacating an alley lying north of Riehl Street and West of Lots 10 & 11 Block 1 of Ricker & Bratnober's Land Company Addition", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3234. 82895 - Moved by Getty, seconded by Wilharm that "Resolution authorizing sale & conveyance of portion of alley north of Riehl Street & West of Lots 10 & 11, Block 1 of Ricker & Bratnober's Land Company Addition to Chuck Landau," be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1982-351. NEW BUSINESS 82896 - Moved by Dowie, seconded by Roehr that the communication from Leo P. Rooff, Mayor recommending the appointment of John L. Calton, 1425 South Hill Drive to the Police and Fire Pension Board with the term ending first Monday in April, 1986 be received, placed on file, and approved. Motion carried. MISCELLANEOUS 82897 - Moved by Roehr, seconded by Getty that the following request for permission to attend functions, with expenses allowed not to exceed amount shown, be received, placed on file and approved: Assistant City Attorney to attend National Institute of Municipal Law Officers Annual Conference, November 7-10, 1982, Miami, Florida. $818. Ayes: Seven. Motion carried. August 2, 1982 MISCELLANEOUS CONTINUED 82898 - Moved by Getty, seconded by Wilharm Page Eight that the following applications for Beer & Liquor Licenses be received, placed on file, approved, and endorsed applications forwarded to the Iowa Beer & Liquor Control Department. Beer License Permit Applications Class C Southland Corporation dba 7 -Eleven Store #18436, 1309 Lafayette (Renewal) (Expires 9/16/83) Southland Corporation dba 7 -Eleven Store #18456, 1105 Cedar (Renewal) (Expires 9/16/83) Southland Corporation dba 7 -Eleven Store #22618, 510 Conger/ Broadway, (Renewal) (Expires 9/16/83) Quiktrip Corporation, 117 San Marnan Hwy, (Renewal) (Expires 9/5/83) Quiktrip Corporation, 3012 Ansborough, (Renewal) (Expires 9/11/83) Siech's Varly Drug, Inc, 908 LaPorte, (Renewal) (Expires 8/31/83) Beer License Permit Applications -Sunday Sales Class C Siech s Varly Drug, Inc, 908 LaPorte, (Renewal) (Expires 8/31/83) QuikTrip Corporation, 3012 Ansborough, (Renewal) (Expires 9/11/83) QuikTrip Corporation, 117 San Marnan, (Renewal) (Expires 9/5/83) Southland Corporation dba 7 -Eleven Store, 1105 Cedar Bend, (Renewal) (Expires 9/16/83) Southland Corporation dba 7 -Eleven Store, 510 Conger/Broadway (Renewal) (Expires 9/16/83) Southland Corporation dba 7 -Eleven Store, 1309 Lafayette, (Renewal) (Expires 9/16/83) One Four Alpha Inc. dba The Pizza Pub & Sandwich Co., 504 Riehl, (New) Beer and Liquor License Permit Applications Cadillac Lanes Inc., 650 LaPorte Road, (Renewal) (Expires 8/5/83) Beer and Liquor License Permit Application -Sunday Sales Cadi ac Lanes Inc., 650 LaPorte Road, Renewal Expires 8/5/83) 82899 - Moved by Roehr, seconded by Getty that one (1) New cigarette license application be received, placed on file and approved. Motion carried. BONDS 82900 - Moved by Getty, seconded by Dowie that report of City Attorney and list of bonds filed with the Clerk through August 2, 1982 be received and placed on file and report and bonds approved. Motion carried. 82901 - Moved by Dowie, seconded by Getty that the Council adjourn. Motion carried. ' � M Michelle Temeyer Deputy City Clerk