Loading...
HomeMy WebLinkAbout05/15/78May 15, 1978 The Council of City of Waterloo, Iowa, met in Regular Session in Council Cham- bers in the City Hall at 7:00 P.M., on May 15, 1978. Mayor Pro Tem Roehr in the Chair. On roll call, Present: Bowers, Burton, Getty, Hutchison, Roehr, Wilharm. Absent: Dowie. Invocation by Councilman Burton. 74211 - Moved by Hutchison, seconded by Getty that the Agenda, as amended, for the Regular Session of May 15, 1978 at 7:00 P.M., be accepted and approved. Motion carried. 74212 - Moved by Bowers, seconded by Burton that the Minutes of the Regular Session held May 8, 1978 at 7:00 P.M., be approved. Motion carried. 74213 - Moved by Getty, seconded by Wilharm that proof of publicatior of no- tice of hearing on proposed plans, specifications, form of contract, estimate of cost, etc. for Hawthorne Avenue Storm Sewer, Contract No. 98, and taking of bids therefor, be received and placed on file. Motion carried. 74214 - This being the time for hearing, the Mayor Pro Tem called for oral and written objections and there were none. Moved by Bowers, seconded by Getty that "Resolution confirming approv- al of specifications, plans, form of contract, estimated costs, etc. for Hawthorne Avenue Storm Sewer, Contract No. 98", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 25734. 74215 - Moved by Burton, seconded by Wilharm that "Resolution ordering the construction of Hawthorne Avenue Storm Sewer, Contract No. 98", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 25734-A. 74216 - Moved by Wilharm, seconded by Hutchison that the two bids, be received, placed on file, Clerk instructed to open same, but not read, and re- ferred to Engineers for checking and report back. Motion carried. 74217 - Moved by Bowers, seconded by Hutchison that proof of publication of notice of proposal to dispose of real estate in Section 22 -89N -13W, as published in Waterloo Courier on May 10, 1978 to Waterloo Railroad Company, be received and placed on file. Motion carried. 74218 - This being the time for hearing, the Mayor Pro Tem called for written and oral objections and there were none. Moved by Wilharm, seconded by Bowers that "Resolution approving and authorizing the conveyance of certain real property to Waterloo Rail- road Company, as published in the Waterloo Courier on May 10, 1978, in an exchange of railroad right-of-way land pursuant to agreement dated 4/8/74, in connection with relocation of Sans Souci railroad bridge, and directing and authorizing the Mayor and City Clerk to exe- cute and deliver a deed for said property", be adopted. Ayes: Six. Absent:. Dowie. Resolution adopted --.and upon approval by Mayor Pro Tem, assigned No. 25735. 74219 - Moved by Hutchison, seconded by Bowers that proof of publication of notice of public hearing on rezoning from "R-3" Multiple Residence District to "R-4" Multiple Residence District approximately 14 acres in Section 3 -88N -13W, located north of San Marnan Drive and west of the extension of St. Francis Drive, as published in Waterloo Courier on 4/28/78, upon the request of St. Francis Hospital, upon the recom- mendation of City Zoning Commission and Council's own motion, be re- ceived and placed on file. Motion carried. 74220 - This being the time for hearing, the Mayor Pro Tem called for oral and written objections, and there were none. Moved by Bowers, seconded by Wilharm that "An Ordinance amending Or- dinance No. 2479, as amended, by adding Sub -Section No. 144 to Sec- tion 2-A, rezoning certain property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dowie. Motion carried. io - 2 - 74221 - Moved by Bowers, seconded by Hutchison that proof of publication of notice of public hearing on revised site development plan for the Northeast John Deere Site located east of Idaho Street, north of Newell Street and south of Donald Street, upon Plan and Program Commission's recommendation and Council's own motion, as published in Waterloo Courier on 4/28/78, be received and placed on file.. Motion carried. 74222 - This being the time for hearing, the Mayor Pro Tem called for oral and written objections, and there were none. Moved by Burton, seconded by Hutchison that "Resolution approving revised site development plan for the Northeast John Deere Site lo- cated east of Idaho Street, north of Newell Street and south of Donald Street", be adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 25736. 74223 - Moved by Getty, seconded by Hutchison that proof of publication of notice of public hearing on revised site plan for Southland Park lo- cated on West Shaulis Road and east of U.S. Highway 63, upon Plan and Program Commission's recommendation and Council's own motion, as pub- lished in Waterloo Courier on 4/28/78, be received and placed on file. Motion carried. 74224 - This being the time for hearing, the Mayor Pro Tem called for oral and written objections, and there were none. Moved by Bowers, seconded by Burton that "Resolution approving revis- ed site plan for Southland Park located on West Shaulis Road and east of U.S. Highway 63", be adopted. Ayes: Six. Absent: Dowie. Reso- lution adopted and upon approval by Mayor Pro Tem, assigned No. 25737. 74225 - Ben Linenkamp, 636 Wyoming Street, presented a petition for paving and curb and gutter on that portion of Wyoming Street between U.S. Highway 20 and Lafayette Street. Moved by Bowers, seconded by Hutchison that the above petition be received, placed on file and referred to City Engineer. Motion car- ried. 74226 - Councilman Burton presented a petition from Richard W. Rath, Jr., 1205 West 4th Street, requesting the vacant site at East 4th Street and Water Street be set aside for a real park. Moved by Burton, seconded by Bowers that the above petition, be re- ceived, placed on file and referred to Plan and Program Commission. Motion carried. 74227 - Councilman Getty asked the Clerk to send a note to Quintin Parker for reports on truck embargo (weight limit) on Burton Avenue, on Sager Avenue and on North Hackett Road. 74228 - Moved by Bowers, seconded by Getty that request of Larry Lehman for Council on its own motion,to Conditional Zone in an "R-3, R -P" Plan- ned Residence District for landfill to reclaim 80 acre tract in Sec- tion 11 -89N -13W located south of West Airline Hiway and east of Burton Avenue, as shown on attached plat, and City Zoning Commission's recommendation for approval subject to certain conditions, be receiv- ed, placed on file, recommendations approved, date of hearing set as June 5, 1978 at 7:00 P.M. and Clerk instructed to publish notice. Motion carried. 74229 - City Engineer reported the bid of Hurst Excavating, Inc., Waterloo, for Hawthorne Avenue Storm Sewer, Contract No. 98, did not qualify and should be returned as the Non -collusion affidavit of prime bid- der form was not submitted; and the bid of Dale J. Clark Contracting Co. was in order and could be read. Moved by Bowers, seconded by Hutchison that the above report be re- ceived, placed on file and approved, the bid of Hurst Excavating, Inc. rejected and the Clerk instructed to return same. Motion carried. May 15, 1978 L - 3 - 74230 - Moved by Bowers, seconded by Hutchison that the City Clerk'be in- structed to read the following bid and same referred to City Engi- neer for checking: Amount of Amount of Bidder Bid Bid Bond Dale J. Clark Contracting Co., $21,615.50 5% Waterloo, Iowa Motion carried. 74231 - The City Engineer recommended acceptance of bid of Dale J. Clark Contrac- ting.Co. of Waterloo, Iowa in the amount of $21,615.50 for Contract No. 98. Moved by Wilharm, seconded by Burton that the above recommendation be received, placed on file and "Resolution accepting the bid of Dale J. Clark Contracting Co. for Hawthorne Avenue Storm Sewer, Con- tract No. 98", adopted. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 25738. 74232 - Moved by Burton, seconded by Bowers that request from Schenk Engi- neering Company for Quik Trip, 1976 Franklin Street, for permission to construct one 30' commercial curb cut on Nevada Street, as shown on attached plat, and City Engineer's recommendation for approval subject to the provisions of his letter, be received, placed on file, recommendations approved and permission granted in accordance there- with. Motion carried. 74233 - Moved by Bowers, seconded by Getty that request of Al Jensen, former- ly Jensen Plumbing & Heating, for refund of $95.00 deposit fee for heating and air conditioning business, and Heating Inspector's re- commendation for approval, be received, placed on file and refund granted. Ayes: Six. Absent: Dowie. Motion carried. 74234 - Moved by Getty, seconded by Wilharm that communication from City Engineer, reporting on House Mover's License application of Herbert V. Nelson, and recommending issuance of a contingent License for a six month trial period and review thereafter for six month extension, be received, placed on file, recommendations approved and license granted in accordance therewith. Motion carried. 74235 - Moved by Hutchison, seconded by Bowers that Finance Director's State- ment for April, 1978 showing Fund Balance 4/1/78 $13,159,327.37, Receipts $5,096,595.84, Bill Payments $1,194,671.52, Payrolls $685,327.20, Transfers $1,114,254.21, Commissions $383,266.28, Fund Balance 4/30/78 $14,878,404.00, be received, placed on file and ap- proved. Motion carried. 74236 - Moved by Bowers, seconded by Burton that communication from Community Development Administrator, transmitting the following Offer of Sale from Arlene B. Gates, 4525 Weiden Road, to the City of Waterloo of certain real property for the sum of $130.00 for Stage III -D right. of way for Waterloo Flood Control Project, and recommending accep- tance, be received, placed on file and "A resolution accepting and approving certain offers to sell real property to the City and ac- cepting and approving certain deeds", adopted: Parcel No. D-25 - Parts of Lots 9 and 10, Block 1, Riverview Addition. Ayes: Six. Absent: Dowie. Resolution adopted and upon approval by Mayor Pro Tem, assigned No. 25739. 74237 - Moved by Hutchison, seconded by Bowers that construction plans for storm sewer facilities serving Audubon Park First Addition, and City Engineer's recommendation for approval, be received, placed on file and approved. Motion carried. 74238 - Moved by Bowers, seconded by Burton that "An Ordinance amending Chap- ter 7, Animals and Fowl, of the Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsections 7-1, 7-29, 7-33, 7-44, 7-49, 7-57, 7-62 and 7-63 and enacting in lieu thereof new Subsections 7-1, 7-29, 7-33, 7-44, 7-49, 7-57, 7-62 and 7-63 of Chapter 7, Animals and Fowl, of the Code of Ordinances of the City of Waterloo, Iowa", be received, placed on file, considered and the rules requiring or- dinances to be considered and voted on for passage at two prior meet- ings, be suspended, the above ordinance recorded as having been con- sidered and passed for the Second and third times, and now placed on its final adoption. Mav 15. 1978 - 4 - 74238 - (Continued) Ayes: Bowers, Burton, Getty, Roehr, Wilharm. Nay: Hutchison. Absent: Dowie. Motion not carried. 74239 - Moved by Bowers, seconded by Getty that the above Ordinance amend- ing Chapter 7, Animals and Fowl, be passed for the second time. Ayes: Six. Absent: Dowie. Motion carried. 74240 - Moved by Hutchison, seconded by Burton that "An Ordinance amending the Heating Code of Waterloo, Iowa, Ordinance No. 1971, by adding new Section 203, Paragraph 1, Subsection (f); also by repealing Sec- tion 303 in its entirety and enacting in lieu thereof new Section 303", be received, placed on file, considered and passed for third time. Ayes: Six. Absent: Dowie. Motion carried. 74241 - Moved by Getty, seconded by Hutchison that "An Ordinance amending the Heating Code of Waterloo, Iowa, Ordinance No. 1971, by adding new Section 203, Paragraph 1, Subsection (f); also by repealing Section 303 in its entirety and enacting in lieu thereof new Section 303", be adopted. Ayes: Six. Absent: Dowie. Ordinance adopted and upon approval by Mayor Pro Tem, assigned No. 2945. 74242 - Moved by Getty, seconded by Burton that "An Ordinance amending Or- dinance No. 2644, known as the Traffic Ordinance of the City of Wat- erloo, Iowa, by repealing Subsections (30), (112) and (185) of Sec- tion 551, Parking prohibited at all times on certain streets, and enacting in lieu thereof new Subsections (30), (112) and (185) to Section 551, Parking prohibited at all times on certain streets; and by adding new Subsections (24a), (68a), (145a), (157a), (210b), (238a) and (247a) to Section 551, Parking prohibited at all times on cer- tain streets; and also by adding new Subsection (5a) to Section 567, No parking any time except Sunday", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dowie. Motion carried. 74243 - There was a lengthy discussion on Electrical Code amendments cover- ing examination fees, annual license fees, security bond; increasing revenue to cover department costs; electrical work to be by qualified people; problems for small businesses as in non-union sector, not many people available; responsibility of contractors; four classes of licenses being electrical contractor, maintenance, appliance and electrician's; safety protection; main concern being safety for peo- ple; poor wiring cause for fires. Glen Mitchell stated small independent business was not represented on the committee and asked for a delay in action to allow this group to discuss the changes, the objection being to individual licensing. Councilman Hutchison recommended tabling the ordinance until June 5, 1978. Moved by Bowers, seconded by Burton that communication from Committee on Electrical Code Changes, transmitting a proposed "Ordinance amend- ing the City Electrical Code, Ordinance No. 2071, by repealing Sec- tions 103-5; 104(a); 104(b); 104(c); 204; 306(a); 405-B(1); 405-B(2); 405-B(3); 405-B(4); 405-B(5); 405-B(6); 405-B(9); 407; 408(b); 408(c); 408(e); 408(f); and 410; also by repealing Articles V, VI, VII, VIII, IX and X; and enacting in lieu thereof new Sections 104(a) 104(b); 204; 306(a); 405-B(1); 405-B(2); 405-B(3); 405-B(4); 405-B(5) 405-B(6) ; 407; 408(a)(1); 408(a)(2); 408(b) ; 408(e) , and 410; and adding new Article V thereto", and recommending approval, be receiv- ed, placed on file and action deferred to June 5, 1978. Ayes: Six. Absent: Dowie. Motion carried. 74244 - Moved by Bowers, seconded by Getty that the following applications for Beer Permits and Beer Liquor Licenses, be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: Beer amass C Delight thth Frances Hartman dba Hartman's Gas & Grocery, 2243 Indepen- dence Avenue Raymond V. Mount dba Waterloo Sports Supply, 827 Sycamore Street May 15, 1978 - 5 - 74244 - (Continued) Beer Liquor Class C Robert J. Cook dba Village Inn, 709 Jefferson Street N.S.D. Corp. dba The Whistlestop, 110 Ida Street JHM of Waterloo, Inc. dba Stable Lounge, 2022 Bopp Street Lawrence C. Seals dba Seals' Cozy Inn, 710 Logan Avenue Sunda Sales - Beer Class C De ight Frances Hartman dba Hartman's Gas & Grocery, 2243 Independence Avenue Raymond V. Mount dba Waterloo Sports Supply, 827 Sycamore Street Sunda Sales - Beer Liquor Class C N.S.D. Corp, a T e ist estop, 110 Ida Street Lawrence C. Seals dba Seals' Cozy Inn, 710 Logan Avenue Motion carried. 74245 - Moved by Getty, seconded by Hutchison that the application of Delight Hartman dba Hartman's Gas & Grocery for permission to sell cigarettes at 2243 Independence Avenue, be received and placed on file. Motion carried. 74246 - Moved by Getty, seconded by Bowers that application of Leilani S. White dba Lady Finger's, Inc. for a Massage Business Permit at 1408 Blackhawk Street, together with fee of $25.00, be received, placed on file and granted subject to the requirements governing same. Motion carried. 74247 - Moved by Bowers, seconded by Hutchison that report of City Attorney and list of bonds filed with Clerk through 5/15/78, be received, placed on file, and report and bonds approved. Motion carried. 74248 - Moved by Hutchison, seconded by Wilharm that the petition of Schoo Electric for changes in the Electrical Ordinance amendment, be re- ceived and placed on file. Motion carried. 74249 - Moved by Burton, seconded by Getty that the Council adjourn. Motion carried. Katherine Gibbs, City Clerk May 15, 1978