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HomeMy WebLinkAbout12/11/1989December 1 1 , U89 The Council of the City of Waterloo, lowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 7:00 p.m. on December 11, 1989. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Wright, Budak, Brown. Absent: Buck. invocation by: Councilperson Budak. Pledge of Allegiance: Councilperson Fox and Brownie Troop #202--Denean Jo Abbott, Jessica Ann Johnson, Amanda Kay Baigh, Virginia Wilber, Amy Cornelius, Ashley Cornelius, Angie Michelle Schmidt, Patty Marie Neich, Sarah Eichenberger, Kimberly Marie Sands. 94930 - Moved by Angel, seconded by Wright that the Agenda, as proposed, for the Regular Session on December 11, 1989, at 7:00 p.m., and the Minutes of the Regular Session on December 4, 1989, at 7:00 p.m., be accepted and approved. Motion carried. 94931 - Mayor. McKinley read a proclamation proclaiming the week of December 11, 1989 to be "Waterloo/Cedar Falls Symphony Appreciation Week". Jeri Jenner received the proclamation on behalf of the Waterloo/Cedar Falls Symphony Orchestra. HEARINGS Moved by Dell, seconded by Angel that proof of publication of notice of public hearing on request of Nellie Smith Estate to vacate a portion of the platted utility easement at 404 Auburn Street, as published in the Waterloo Courier on November 29, 1989, be received and placed on file. Motion carried. 94932 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Moved by Brown, seconded by Fox that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 94933 - Moved by Fox, seconded by Dell that "an Ordinance vacating a portion of the platted utility easement at 404 Auburn Street", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. 94934 - Moved by Budak, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Buck. Motion carried. 94935 - Moved by Angel, seconded by Dell that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Six. Absent: Buck. Motion carried. 94936 - Moved by Dell, seconded by Brown that "an Ordinance vacating a portion of the platted utility easement at 404 Auburn Street", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3679. 94937 - Moved by Wright, seconded by Budak that proof of publication of notice of public hearing on request of Keith R. & Mary E. Wilson to rezone from "R-2" One and Two Family Residence District to "M-2" Heavy Industrial District property generally located south of Ricker Street between Hewitt and Warneka Streets, as published in the Waterloo Courier on November 29, 1989, be received and placed on file. Motion carried. December 11, 1989 Page 2 Herrings - continued 94938 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Moved by Brown, seconded by Dell that the hearing be closed and the recommendation of approval of the Planning, Progr.anuning and Zoning Commission be received and placed on file. Motion carried. 949.39 - Moved by Angel, seconded by Dell that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 256 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. 94940 - Moved by Fox, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Buck. Motion carried. 94941 - Moved by Wright, seconded by Angel that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Six. Absent: Buck. Motion carried. 94942 - Moved by Fox, seconded by Brown that: "an Ordinance amending Ordinance No. Ordinance, by adding Subsection No. 256 to Property", be adopted. Ayes: Six. Absent: Ordinance adopted and upon approval by Mayor 94943 - Moved by Wright, seconded by Dell 2479, as amended, City Zoning Section 2A-5, Rezoning Certain Buck. assigned No. 3680. that proof of publication of notice of public hearing on request of Karen Johnson to vacate a portion of the platted building line at 209 Zachary Court, as published in the Waterloo Courier on November 29, 1989, be received and placed on file. Motion carried. 94944 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Moved by Fox, seconded by Brown that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 94945 - Moved by Dell, seconded by Wright that. "an Ordinance vacating a portion of the platted building line at 209 Zachary Court", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. 94946 - Moved by Brown, seconded by Fox that rules requiring ordinances to.be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Buck. Motion carried. 94947 - Moved by Fox, seconded by Dell that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Six. Absent: Buck. Motion carried. Pe.cember 11, 1989 Page 3 Hearings - continued 94948 - Moved by Budak, seconded by Brown that. "ren Ordinance vacating a portion of the platted building line at 209 Zachary Court", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3681. 94949 - Moved by Fox, seconded by Dell that proof of publication of notice of public hearing on request of Brock, Inc:. to rezone from "U -I" Unclassified District to "M -2,P" Planned Industrial Di_str.-ict property generally located north of Ridgeway Avenue and west of Martin Road, as published in the Waterloo Courier on November 29, 1989, be received and placed on file. Motion carried. 94950 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Bob Stevenson, City Planner, explained that the request is to rezone to "M -2,P" Planned Industrial District. The Planning, Programming and Zoning Commission approved the request subject to restricting the area to "M-1" Light Industrial uses and to remove parcel No. 10 from the proposed rezoning. Moved by Brown, seconded by Dell that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral comments be received and placed on file. Motion carried. 94951 - Moved 1y Fox, seconded by Angel that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 257 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. 94952 - Moved by Angel, seconded by Dell that miles requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Buck. Motion carried. 94953 - Moved by Wright, seconded by Brown that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Six. Absent: Buck. Motion carried. 94954 - Moved by Dell, seconded by Angel that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 257 to Section 2A-5, Rezoning Certain Property", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3682. 94955 - Moved by Budak, seconded by Wright that proof of publication of notice of public hearing on the sale and removal of various structures in conjunction with Interstate Substitution Program including the following residential and garage structures: 3922 Sager Avenue, 3930 Sager Avenue, 4050 Sager Avenue, 823 Kimball Avenue, as published in the Waterloo Courier on November 29, 1989, be received and placed on file. Motion carried. December 11, 1989 Page 4 Hearings - continued 94956 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Moved by Wright, seconded by Angel to receive and place on file bids for the following Group B-89 Houses: 3922 Sager Avenue, 3930 Sager Avenue, 4050 Sager Avenue, 823 Kimball Avenue and Group B-89 Garages: 3922 Sager Avenue. Motion carried. 94957 - Moved by Brown, seconded by Wright that communication from City Planner transmitting bid tabulations and recommending approval of the following bids be received, placed on file and "Resolution authorizing sale and conveyance of the following structures to the bidder indicated and amount listed", HOUSES Item No. 1 2 3 4 GARAGES Item No. 5 Address 3922 Sager Avenue 3930 Sager Avenue 4050 Sager Avenue 823 Kimball Avenue Name of Successful Bidder Steven L. Rieger Stephen A. Clabby Irving J & Vicki S. Thome Best Yet, Inc. Full Amount $ 9,100.00 $ 4,789.00 $10,500.00 $ 1,550.00 Address Name of Successful Bidder Full Amount 3922 Sager Avenue Steven L. Rieger $ 151.00 be adopted and City Attorney instructed to prepare and deliver bills of sale accordingly. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-662. 94958 - Moved by Dell, seconded by Fox that proof of publication of notice of public hearing to amend Ordinance No. 2479, as amended, as it relates to filing fees for certain requests for special permits, as published in the Waterloo Courier on November 29, 1989, be received and placed on file. Motion carried. 94959 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Bob Stevenson, City Planner, stated that the $75 fee is the same as variance requests that are acted upon by the Board of Adjustment. There is considerable more staff time spent on a special permit request than minor changes in special permits which will remain at $40. Moved by Wright, seconded by Fox that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments, be received and placed on file. Motion carried. 94960 - Moved by Fox, seconded by Angel that "an Ordinance amending Ordinance No. 2479, as amended, as it relates to filing fees for certain requests for special permits", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. 94961 - Moved by Brown, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Buck. Motion carried. December 11, 1989 Page 5 Hearings - continued 94962 - Moved by Angel, seconded by Wright that. the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Six. Absent: Buck. Motion carried. 94963 - Moved by Wright, seconded by Angel that "an Ordinance amending Ordinance No. 2479, as amended, as it relates to filing fees for certain requests for special permits", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3683. DOCUMENTS 94964 - Moved by Budak, seconded by Dell that communication from Transportation Program Manager transmitting Supplemental Agreement No. 2 with Wayne Claassen Engineering and Surveying, Inc. in conjunction with Shaulis Road Reconstruction, L-6470(3)--79-07, together with recommendation of approval, be received, placed on file, and "Resolution approving said agreement", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-663. 94965 - Eric Thorson, City Engineer, stated that this is the normal increase/decrease Change Order which adjusts the estimated quantities to actual constructed quantities. Moved by Budak, seconded by Dell that communication from Assistant City Engineer transmitting Change Order No. 2 for a net increase of $9,794.12 for work to be performed by Youngblut Contracting, Inc. in conjunction with F.Y. 1989 Commercial, Jefferson, West Seventh Streets Reconstruction, Contract No. 350, be received, placed on file and approved and Mayor and Deputy City Clerk/Auditor authorized to execute same. Motion carried. 94966 - Moved by Budak, seconded by Dell that communication from City Engineer transmitting Iowa Department of Transportation Annual Right -of -Way Assurance Statement for Federal -Aid Projects, together with recommendation of approval, be received, placed on file and "Resolution approving said document", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-664. RESOLUTIONS TO BE ADOPTED 94967 - Moved by Budak, seconded by Dell that communication from City Planner transmitting request to set date of hearing on sale and conveyance of property generally located east of Greenhill Road and west of Letsch Road 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 Deputy City Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-665. December 11, 1989 Page 6 Resolutions to be Adopted 94968 - Moved by Fox, seconded by Wright that "Resolution authorizing the total acquisition contract payments and accepting of deeds for real property for Parcel Nos. 714 (Florine Brown), 205 (Calvin Hubbard), 210 (Greg Schilling), 804 (Elaine Powers), 711-713 (Dick Friedemann) in conjunction with Sixth Street Extension, IX -6604(2)--79-07", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-666. 94969 - Moved by Fox, seconded by Wright that "Resolution authorizing the total acquisition contract payment and accepting the deed for real property for Parcel No. 1927 (Raul & Gloriela Munoz) in conjunction with Greenhill/Sager Project, IX -6560(2)--79-07", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-667. 94970 - Moved by Fox, seconded by Wright that "Resolution authorizing dedication of Calhoun Street between Maywood and Short Streets as public right-of-way", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-668. 94971 - Moved by Fox, seconded by Wright that "Resolution correcting nunc pro tunc, a clerical error in the Resolution authorizing the issuance of $2,245,000 Sewer Revenue Bonds, Series 1988A and $1,180,000 Sewer Revenue Bonds, Series 1988B", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-669. 94972 - Moved by Fox, seconded by Wright that "Resolution authorizing the issuance of $1,125,000 Sewer Revenue Bonds, Series 1989A and $870,000 Sewer Revenue Bonds, Series 1989B", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-670. ORDINANCES TO BE ADOPTED 94973 - John Meyer, Public Works Director, stated that this sewer increase will apply to approximately 300 residential customers who utilize the City sanitary sewer system but are non -city water customers. These increases were inadvertently omitted from previous sewer increases and will closely reflect charges to all other customers. Moved by Brown, seconded by Dell that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection 34-43(2), Determination of Rates and Charges, of Chapter 34, Utilities; and by enacting in lieu thereof a new Subsection 34-43(2), Determination of Rates and Charges of Chapter 34, Utilities (monthly sanitary sewer rental rate for non -city water customers)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. 94974 - Moved by Fox, seconded by Brown that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Buck. Motion carried. comber 11, 1989 Ordinances to be Adopted - continued 94975 - Moved by Wright, seconded by Fox Page 7 that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Six. Absent: Buck. Motion carried. 94976 - Moved by Fox, seconded by Dell that. "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection 34-43(2), Determination of Rates and Charges, of Chapter 34, Utilities; and by enacting in lieu thereof a new Subsection 34-43(2), Determination of Rates and Charges of Chapter 34, Utilities (monthly sanitary sewer rental rate for non -city water customers)", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3684. 94977 - Moved by Brown, seconded by Dell that "an Ordinance amending the 1988 Traffic Code by repealing Subsection (60) of Section 540, Obedience to Official Traffic -Control Devices, and by enacting in lieu thereof new Subsection (60) and (60a) to Section 540, Obedience to Official Traffic -Control Devices; and by adding Subsections (2a), (2b), (6), (7), (8), (11), (12a), (28a), (28b), (49), (99), (99a), (99b), (99c), (99d), (154a) and (154b) to Section 540, Obedience to Official Traffic -Control Devices", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. 94978 - Moved by Dell, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Buck. Motion carried. 94979 - Moved by Budak, seconded by Wright that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Six. Absent: Buck. Motion carried. 94980 - Moved by Vox, seconded by Dell that "an Ordinance amending the 1988 Traffic Code by repealing Subsection (60) of Section 540, Obedience to Official Traffic -Control Devices, and by enacting in lieu thereof new Subsection (60) and (60a) to Section 540, Obedience to Official Traffic -Control Devices; and by adding Subsections (2a), (2b), (6), (7), (8), (11), (12a), (28a), (28b), (49), (99), (99a), (99b), (99c), (99d), (154a) and (154b) to Section 540, Obedience to Official Traffic -Control Devices", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3685. BILLS PAYMENT 94981 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-60, in the amount of $925,566.56, and Schedule W900, pp. 1-2, in the amount of $16,536,.26, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Four. Abstain: Fox, Budak. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-671. December 11, 1989 Page 8 NEW BUSINESS 94982 - Moved by Brown, seconded by Dell that communication from Superintendent of Traffic Operations transmitting recommendation to request IPS install a 250 watt HPS street light on the southeast corner of Greenhill Road and Rainbow Drive, be received, placed on file and "Resolution requesting IPS to install said street light", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-672. Travel Requests 94983 - Moved by Fox, seconded by Wright that the following travel requests, with costs not to exceed amount shown, be received, placed on file and approved: 1. Carroll Kienol and Cheryl Rathe, Police Officers, to attend Field Training Officer Seminar in Davenport, Iowa, on January 15-19, 1990, with costs not to exceed $1,021.60, including the use of City vehicle. 2. Ned DeBerg, Joe Sink and Reece Peterson, Fire Department, to attend Vehicle Extrication Instructors Course in Dubuque, Iowa, on December 8-10, 1989, with costs not to exceed $1,128.64, including the use of City vehicle. Motion carried. MISCELLANEOUS 94984 - Moved by Fox, 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 and cigarette license applications be received, placed on file and approved: 1. Beer & Liquor License Permit Application Class C Blue Bird Lounge, 921 Broadway (Renewal) (Expires 12/23/90) (Includes Sunday Sales) The Golden Dolphin, 301 West 4th Street (Renewal) (Expires 12/19/90) Electric Park Ballroom, 300 Rainbow Drive (Renewal) (Expires 1/28/91) (Includes Sunday Sales) Cigarette License Application Two (2) Motion carried. BONDS 94985 - Moved by Angel, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through December 11, 1989, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 94986 - Shirley Koslowski, 816 Archer Avenue, asked that a better explanation be provided on the Council agenda for each item. She requested further explanation on several items that appeared on this evening's agenda. L.C. Hennessey, 203 South Street, asked for further explanation on the resolution correcting nunc pro tunc action on the 1988 Series A and B Sewer Revenue Bonds. It was explained by Molly Frazer, Assistant City Attorney, and Bruce Meisinger, Budget Analyst, that this action was to correct a clerical error relating to the required parity in last year's sewer revenue bond issuance. k/ecember 11, 1989 Page 9 Oral Presentations - continued Al Manning, 919 Fairview, thanked City staff for their information concerning intersections brought to the attention of the Council on December 4. He suggested that at the intersection of East Fourth and Franklin Streets that turn arrows be placed on the pavement. He also questioned why signage can be quickly completed on new construction projects and for existing streets the process is so long. Bob Stevenson, City Planner, stated that during the design of new roads, these items are taken into account and can be addressed at the time of design. Existing streets go through the same process as new construction.. Tom Hall stated that he could not adequately hear Council Members through the microphone system. Al Manning, 919 Fairview Avenue, asked whether a longer green cycle has been allowed at the intersection of Broadway and Conger Streets. This will be reviewed by City staff. Moved by Brown, seconded by Angel that the oral comments be received and placed on file and that the Council meeting be adjourned. Motion carried. Larry P. Burger City Clerk/Auditor