HomeMy WebLinkAboutMinutes- 12/18/1989December 18, 1989
The Council of the
Chambers, Waterloo,
in the Chair. Roll
City of Waterloo, Idwa, met in Regular Session at City Hall Council
Iowa, at 7:00 p.m. on December 18, 1989. Mayor Bernard L. McKinley
Call: Fox, Angel, Buck, Wright, Brown. Absent: Dell, Budak.
Invocation by: Councilperson Josef Fox.
Pledge of Allegiance: Girl Scout Troop.
94987 -
Moved by Angel, seconded by Wright
that the Agenda, as amended, for the Regular Session on December 18, 1989, at
7:00 p.m., and the Minutes of the Special Session on December 7, 1989 at 11:00
a.m. and the Regular Session on December 11, 1989 at 7:00 p.m., be accepted and
approved. Motion carried.
PETITIONS FROM PUBLIC
94988 - Moved by Brown, seconded by Fox
that communication from City Planner transmitting site plan amendment request
of Kimball Avenue Drug Store to build a 46' x 40' addition to existing
building located in the Kimball Ridge Shopping Center, together with
recommendation of approval of the Planning, Programming and Zoning Commission,
be received, placed on file and "Resolution setting date of hearing as January
2, 1990 at 7:00 p.m. in the City Hall Council Chambers on the above described
request", be adopted and City Clerk/Auditor instructed to publish notice of
same. Ayes: Five. Absent: Dell, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1989-673.
94989 - Moved by Brown, seconded by Fox
that communication from City Planner transmitting request of Lyle Ernster to
vacate the eight foot platted utility easements along property line between
Lots 24 and 25 and dedicating easements between Lots 23 and 24 in
Warren-Ernster Addition, together with recommendation of approval of the
Planning, Programming and Zoning Commission, be received, placed on file and
"Resolution setting date of hearing as January 2, 1990, at 7:00 p.m. in the
City Hall Council Chambers on the above described request", be adopted and City
Clerk/Auditor instructed to publish notice of same. Ayes: Five. Absent:
Dell, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1989-674.
94990 - Moved by Brown, seconded by Fox
that communication from City Planner transmitting request of Wilbur Heronimous
and other property owners to rezone from "M-1" Light Industrial District to
"R-2" One and Two Family Residential District property generally located along
the west side of Wagner Road, south of West Big Rock Road, together with
recommendation of approval of the Planning, Programming and Zoning Commission,
be received, placed on file and "Resolution setting date of hearing as January
8, 1990, at 7:00 p.m. in the City Hall Council Chambers on the above described
request", be adopted and City Clerk/Auditor instructed to publish notice of
same. Ayes: Five. Absent: Dell, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1989-675.
94991 - Moved by Brown, seconded by Fox
that communication from City Planner transmitting request of Frank Cagley and
William Fuller to rezone from "M-2" Heavy Industrial District to "R-2" One and
Two Family Residential District property generally located along the east side
of Wagner Road, south of West Big Rock Road, together with the recommendation
of approval of the Planning, Programming and Zoning Commission, be received,
placed on file and "Resolution setting date of hearing as January 8, 1990, at
7:00 p.m., in the City Hall Council Chambers on the above described request",
be adopted and City Clerk/Auditor instructed to publish notice of same. Ayes:
Five. Absent: Dell, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1989-676.
December 18, 1989 Page 2
Petitions From Public - continued
94992 - Moved by Brown, seconded by Fox
that communication from City Planner transmitting request of Gary Bertch to
reduce the platted building line on Tracts J and K in Cedar Crest Addition
along LaPorte Road from 75 feet to 58 feet to construct a storage structure,
together with recommendation of approval of the Planning, Programming and
Zoning Commission, be received, placed on file and "Resolution setting date of
hearing as January 2, 1990, at 7:00 p.m. in the City Hall Council Chambers on
the above described request", be adopted and City Clerk/Auditor instructed to
publish notice of same. Ayes: Five. Absent: Dell, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1989-677.
94993 - Moved by Brown, seconded by Fox
that communication from City Planner transmitting request of Iowa Department of
Transportation to transfer City -owned land parallel with the abandoned
I.N.R.C., Inc. railroad from just northwesterly of Upton Avenue to the west
line of Fletcher Avenue (formerly Cleveland Street), be received, placed on
file and "Resolution setting date of hearing as January 8, 1990, at 7:00 p.m.,
in the City Hall Council Chambers on the above described request", be adopted
and City Clerk/Auditor instructed to publish notice of same. Ayes: Five.
Absent: Dell, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1989-678.
REPORTS
94994 - Moved by Wright, seconded by Angel
that Waterloo Housing Authority Ridgeway Towers and Section 8 Waterloo Housing
Certificate Program --December 1989, be received and placed on file. Motion
carried.
94995 - Moved by Wright, seconded by Angel
that communication from Superintendent of Traffic Operations transmitting
recommendation of approval of a pushbutton traffic signal on Donald Street from
Allen Hospital to the parking lot on the north side of Donald Street, together
with recommendation of approval of the Public Works Committee, be received,
placed on file and approved and City Attorney instructed to prepare an
ordinance accordingly. Motion carried.
DOCUMENTS
94996 - Moved by Wright, seconded by Angel
that communication from Transportation Program Manager transmitting Statement
of Completion and Final Acceptance of Work for work performed by Iowa Public
Service in conjunction with Kimball Avenue, IX -6641(5)--79-07; and for work
performed by Iowa Public Service (Electric), Waterloo Cablevision, Iowa Public
Service (Gas), and Fred Carlson Company in conjunction with Kimball Avenue,
IX -6641(4)--79-07, together with recommendation of approval, be received,
placed on file and "Resolution approving said documents", be adopted and Mayor
authorized to execute same. Ayes: Five. Absent: Dell, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1989-679.
94997 - Moved by Wright, seconded by Angel
that communication from City Engineer transmitting Completion Report and
Recommendation of Acceptance for F.Y. 1989 Asphalt Overlay Program, Contract
No. 360, for work performed by Aspro, Inc. & Subsidiary, together with
recommendation of approval, be received, placed on file and "Resolution
approving said documents", be adopted and Mayor authorized to execute same.
Ayes: Five. Absent: Dell, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1989-680.
r
December 18, 1989
Documents to be Adopted - continued
94998 - Moved by Wright, seconded by Angel
Page 3
that Maintenance Bond in conjunction with F.Y. 1989 Asphalt Overlay Program,
Contract No. 360, from Aspro, Inc. & Subsidiary of Waterloo, Iowa, be received
and placed on file. Motion carried.
94999 - Moved by Wright, seconded by Angel
that communication from Transportation Program Manager transmitting Certificate
of Completion and Final Acceptance of Agreement Work for work performed by
Schenk Engineering Company in conjunction with Kimball Avenue (South),
IX -6641(5)--79-07, together with recommendation of approval, be received,
placed on file and "Resolution approving said document", be adopted and Mayor
authorized to execute same. Ayes: Five. Absent: Dell, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1989-681.
95000 - Larry P. Burger, Clerk/Auditor, stated that after discussions with the Cattle
Congress Board of Directors, it was the staff's recommendation that the
existing lease be honored until its expiration on March 31, 1990. Prior to the
commencement of the next lease, beginning October 1, 1990, City staff and
representatives of Cattle Congress will meet to negotiate a new lease. The
existing lease is very cumbersome with many amendments made to the original
lease. It is hoped that the new lease will contain all of the provisions of
the previous amendments without substantially changing the contents.
Moved by Buck, seconded by Angel
that communication from Clerk/Auditor transmitting recommendation of approval
of a six-month agreement with National Dairy Cattle Congress to lease McElroy
Auditorium and rescinding Resolution No. 1989-654, be received, placed on file
and "Resolution approving six-month lease agreement with National Dairy Cattle
Congress to lease McElroy Auditorium", be adopted and Mayor and City
Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Dell, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1989-682.
RESOLUTIONS TO BE ADOPTED
95001 - Moved by Fox, seconded by Buck
that "Resolution amending Resolution No. 1989-49, which established parking
regulations in the Central Business District (install four-hour parking meters
along west side of Lafayette Street between 5th Street and 6th Street, install
handicapped parking space adjacent to 612 Jefferson Street, and install a
ten-hour parking meter in existing loading zone adjacent to the Water Works
Building on East 3rd Street)", be adopted. Ayes: Five. Absent: Dell, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1989-683.
95002 - Moved by Fox, seconded by Buck
that communication from City Planner transmitting request to accept and
dedicate Four Seasons Drive and Winter Ridge Road as public right-of-way for
street purposes, together with recommendation of approval of the Planning,
Programming and Zoning Commission, be received, placed on file and "Resolution
approving said request", be adopted. Ayes: Five. Absent: Dell, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1989-684.
95003 - Moved by Fox, seconded by Buck
that communication from City Planner transmitting request of Iowa Department of
Transportation to accept and dedicate the additional four feet of right-of-way
on the west side of West First Street, south of Commercial Street for street
purposes, together with recommendation of approval of the Planning, Programming
and Zoning Commission, be received, placed on file and "Resolution approving
said request", be adopted. Ayes: Five. Absent: Dell, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1989-685.
December 18, 1989
Page 4
ORDINANCES TO BE ADOPTED
95004 - Moved by Brown, seconded by Buck
that an "an Ordinance amending the 1988 Traffic Code by adding Subsection (24b)
Birmingham Avenue to Section 551, Parking Prohibited At All Times on Certain
Streets (prohibit parking on the westerly side of Birmingham Avenue from
Hawthorne Avenue to Regal Avenue)", be received, placed on file, considered and
passed for the first time. Ayes: Five. Absent: Dell, Budak. Motion
carried.
95005 - Moved by Angel, seconded by Wright
that "an Ordinance amending Chapter 20, Human Relations, of the 1988 Code of
Ordinances of the City of Waterloo, Iowa: by adding Subsection (t) Familial
Status to Section 20-3, Definitions; and by repealing Subsections (a), (b) and
(c) of Section 20-9, Unfair or Discriminatory Practices; Housing; and enacting
in lieu thereof new Subsections (a), (b) and (c) of Section 20-9, Unfair or
Discriminatory Practices; Housing; and by adding Subsections (9) and (10) to
Subsection (e) of Section 20-9, Unfair or Discriminatory Practices; Housing
(changes to Human Rights Commission Ordinance)", be received, placed on file,
considered and passed for the first time. Ayes: Five. Absent: Dell, Budak.
Motion carried.
95006 - Don Temeyer, Planning and Development Director, stated that the proposed fee
schedule for building permits will comply with the'recommended fee schedule as
contained in the 1985 Uniform Building Code. Currently, the City of Waterloo
uses the fee schedule for the 1979 Uniform Building Code. The City of Cedar
Falls has adopted the new schedule, and Black Hawk County is in the process of
doing so. An informational meeting was held with interested local contractors
on December 6, 1989 and no major objections were voiced. This fee schedule
would allow the Building Inspection Department to be self-sufficient. The fees
have not been increased in the past previously because of the poor economy. If
adopted, the fee schedule would become effective February 1, 1990.
Moved by Brown, seconded by Fox
that "an Ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa, by repealing Subsection 9-2, Amendments to Building Code, of
Chapter 9, Buildings; and by enacting in lieu thereof a new Subsection 9-2,
Amendments to Building Code, of Chapter 9, Buildings (proposed increases in
building permit fees)", be received, placed on file, considered and passed for
the first time. Ayes: Five. Absent: Dell, Budak. Motion carried.
BILLS PAYMENT
95007 - Moved by Angel, seconded by Wright
that "Resolution approving Schedule A918,
$2,102,714.69, and Schedule W900, pp. 1-2, in
of which are on file in the Clerk/Auditor'
Four. Fox abstained on Voucher No. 29003 and
28647. Abstain: Buck. Absent: Dell, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1989-686.
NEW BUSINESS
95008 - Moved by Wright, seconded by Buck
that plans, specifications, etc., for Greenhill Road Pedestrian/Bikeway
Facility, IX -6585(9)--79-07, be received, placed on file and "Resolution
setting date of hearing as January 2, 1990, at 7:00 p.m. in the City Hall
Council Chambers on said project", be adopted and Clerk/Auditor instructed to
publish notice of same. Ayes: Five. Absent: Dell, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1989-687.
95009 - Councilperson Wright thanked Don Temeyer, Planning and Development Director,
for appointment of Mr. Cutwright to this position. This indicates that the
City is trying to meet its affirmative action goals. She also stated that the
realtors in the community also need to practice affirmat4Fe action.
pp. 1-80, in the amount of
the amount of $7,303.00, copies
s Office", be adopted. Ayes:
Angel abstained on Voucher No.
December 18, 1989 Page 5
New Business - continued
Moved by Wright, seconded by Buck
that communication from Planning and Development Director transmitting
recommendation of appointment of Louis Cutwright, Jr. to the position of
Building Official be received, placed on file and approved. Motion carried.
Travel Requests
95010 - Moved by Buck, seconded by Wright
that the following travel requests, with expenses not to exceed amount shown,
be received, placed on file and approved:
1. Larry Hahn, Police Sergeant, and D.L. Gilbertson, Police Officer, to
attend the American Society of Law Enforcement Trainers International
Training Seminar in San Diego, CA, on January 9-13, 1990, with costs not
to exceed $450.00.
Motion carried.
MISCELLANEOUS
95011 - Moved by Buck, seconded by Wright
that the following applications for beer and liquor licenses be received,
placed on file and approved and endorsed applications forwarded to the Iowa
Beer and Liquor Control Department:
1. Beer License Permit Application
Class B
Pony Express, 2332 Falls Avenue (Renewal) (Expires 12/21/90) (Includes
Sunday Sales)
Pony Express, 1625 West 4th Street (Renewal) (Expires 12/31/90) (Includes
Sunday Sales)
Paul's Standard, 428 Franklin Street (Renewal) (Expires 1/28/91) (Includes
Sunday Sales)
Pronto, 4335 Texas Street (Renewal) (Expires 1/7/91) (Includes Sunday
Sales)
2. Beer & Liquor License Permit Application
Class C
Village Lounge, 709 Jefferson Street (Renewal) (Expires 12/21/90)
(Includes Sunday Sales)
Bieman's Sky Harbor, Route 2, Waterloo Airport (Renewal) (Expires
12/16/90) (Includes Sunday Sales)
The Board Room, 504 Sycamore Street (Renewal) (Expires 12/29/90) (Includes
Sunday Sales)
Motion carried.
BONDS
95012 - Moved by Angel, seconded by Wright
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through December 18, 1989, be received, placed on file and report
and bonds approved. Motion carried.
ORAL PRESENTATIONS
95013 - The birthday of Tami Wiencek, a reporter for KWWL TV, was noted and celebrated
with a card and birthday cake presented by Councilperson Brown.
L.C. Hennessey, 203 South Street, thanked the City and Mayor and Council for
their work during 1989 and extended his best to the Council during the upcoming
year.
Moved by Buck, seconded by Wright
that the oral presentations be received and placed on file. Motion carried.
December 18, 1989 Page 6
95014 - Molly Frazer, Assistant City Attorney, indicated that this item of discussion
is an approved topic of Executive Session as authorized by Iowa Code, Chapter
20.16.
Moved by Wright, seconded by Angel
that the Council adjourn to Executive Session. Ayes: Five. Absent: Dell,
Budak. Motion carried.
EXECUTIVESESSION
95015 - Moved by Angel, seconded by Wright
that the Council adjourn the Executive Session. Ayes: Five. Absent: Dell,
Budak. Motion carried.
95016 - Moved by Buck, seconded by Angel
that the City cease negotiations with Virgil Wallace for property located at
the northeast corner of the intersection of I-380 and Mitchell Avenue. Ayes:
Five. Absent: Dell, Budak. Motion carried.
ADJOURNMENT
95017 - Moved by Brown, seconded by Wright
that the Council adjourn. Motion carried.
Larry P. Burger
City Clerk/Auditor