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HomeMy WebLinkAbout06/26/1989June 26, 1989 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 June 26, 1989. Mayor Pro Tem Robert Brown in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Councilperson Willie Mae Wright. Pledge of Allegiance: Tauri Wiencek. 94091 - Moved by Buck, seconded by Angel that the Agenda, as proposed, for the Regular Session on June 26, 1989 at 7:00 p.m. and the Minutes of the Regular Session on June 19, 1989 at 7:00 p.m. be accepted and approved. Motion carried. HEARINGS 94092 - Moved by Fox, seconded by Wright that proof of publication of notice of public hearing on the request of Larry C. Wolff to rezone from "R-3" Multiple Family Residence District to "C-2" Commercial District/"C-Z" Conditional Zoning property generally located along the east side of Ansborough Avenue on the southeast corner of Ansborough and Downing Avenues, as published in the Waterloo Courier on June 13, 1989, be received and placed on file. Motion carried. 94093 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Moved by Buck, seconded by Wright 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. 94094 - Moved by Fox, seconded by Buck that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 22 to Section 2A -7N, Conditional Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 94095 - Moved by Buck, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 94096 - Moved by Dell, seconded by Buck 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: Seven. Motion carried. 94097 - Moved by Angel, seconded by Fox that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 22 to Section 2A -7N, Conditional Rezoning Certain Property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3651. 94098 - Moved by Buck, seconded by Dell that proof of publication of notice of public hearing on request of C & S Car Company, 923 Washington, for a waiver to the building moratorium on Relocated Highway 218 Corridor to reconstruct light poles along the Washington Street frontage from Sixth Street to Seventh Street, as published in the Waterloo Courier on June 20, 1989, be received and placed on file. Motion carried. June 26, 1989 Page 2 Hearings - continued 94099 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Moved by Angel, seconded by Wright that the hearing be closed and the recommendation of approval of the Gateway Committee be received and placed on file. Motion carried. 94100 - Moved by Dell, seconded by Buck that "Resolution approving request of C & S Car Company, 923 Washington Street, for a waiver to the building moratorium on Relocated Highway 218 Corridor", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-313. 94101 - Moved by Wright, seconded by Fox that proof of publication of notice of public hearing on request of Kent Johnson to rebuild a porch on the single family residence at 307 West Seventh Street, as published in the Waterloo Courier on June 20, 1989, be received and placed on file. Motion carried. 94102 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Moved by Budak, seconded by Dell that the hearing be closed and the recommendation of approval of the Gateway Committee be received and placed on file. Motion carried. 94103 - Moved by Fox, seconded by Angel that "Resolution approving request of Kent Johnson, for a waiver to the building moratorium on Relocated Highway 218 Corridor", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-314. 94104 - Moved by Buck, seconded by Wright that proof of publication of notice of public hearing on request of Creative Impacts, 520 LaPorte Road, to place balloon sign advertising at various locations for a maximum of ten (10) days, as published in the Waterloo Courier on June 20, 1989, be received and placed on file. Motion carried. 94105 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Moved by Buck, seconded by Angel that the hearing be closed and the recommendation of approval of the Gateway Committee be received and placed on file. Motion carried. 94106 - Moved by Budak, seconded by Wright that "Resolution approving request of Creative Imports, 520 LaPorte Road, for a waiver to the building moratorium on Relocated Highway 218 Corridor", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-315. PETITIONS FROM PUBLIC 94107 - Moved by Buck, seconded by Wright that communication from City Engineer transmitting request of Cartage Company for temporary concrete driveway to be located at 1459 West Airline Highway, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted d upon approval by Mayor Pro Tem assigned No. 1989-316. June 26, 1989 Petitions from Public - continued Page 3 94108 - Moved by Buck, seconded by Fox that communication from City Engineer transmitting request of Robert M. Turner, 1200 Prospect Boulevard, for temporary concrete driveway to be located on Meadow Lane, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-317. DOCUMENTS 94109 - Moved by Buck, seconded by Fox that communication from City Planner transmitting Final Plat of Hawkeye Heights Subdivision, together with Deed of Dedication, Report of City Engineer, and recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said Final Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-318. 94110 - Moved by Buck, seconded by Fox that communication from Clerk/Auditor transmitting Occupancy Agreement with Deaf Services Commission of Iowa for one year for office space in the basement of City Hall be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-319. 94111 - Moved by Buck, seconded by Fox that communication from Transportation Program Manager transmitting agreement with Craig D. Ritland for landscape architecture design services in conjunction with the Relocated U.S. Highway 218 corridor, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-320. 94112 - Moved by Buck, seconded by Fox that communication from Transportation Program Manager transmitting agreement with the Chicago Northwestern for purchase of abandoned railroad right-of-way located parallel to U.S. Highway 63 from University Avenue to West Shaulis Road for use for a proposed bike path, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-321. 94113 - Moved by Budak, seconded by Wright that communication from Fire Chief transmitting 28E Agreement with Elk Run Heights for fire, ambulance and hazardous materials cleanup be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-322. RESOLUTIONS TO BE ADOPTED 94114 - Moved by Budak, seconded by Wright that "Resolution authorizing the acceptance of a warranty deed for property located at 1366 Sycamore Street (Carol Ennenga)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-323. 7•.,te .6, 1989 Page 4 Resolutions to be Adopted - continued 94115 - Moved by Buck, seconded by Wright that "Resolution authorizing various fund transfers in conjunction with the sewer system improvement projects", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-324. 94116 - Moved by Buck, seconded by Wright that "Resolution transferring from the Road Use Tax Fund to the General Fund the sum of $105,000, from the Parking Facilities Fund to the Road Use Tax Fund the sum of $30,400 and from the General Fund to the Road Use Tax Fund the sum of $26,600", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-325. 94117 - Moved by Buck, seconded by Wright that "Resolution transferring from the Street Improvement Fund to the General Fund in the Engineering Budget the sum of $5,654 for reimbursement of project related costs", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-326. ORDINANCE TO BE ADOPTED 94118 - Moved by Budak, seconded by Buck that "an Ordinance amending the 1988 Code of Ordinances Waterloo, Iowa, by repealing Subsection (6) of Section 34-43, Rates and Charges, of Chapter 34, Utilities; and by enacting Subsection (6) of Section 34-43, Determination of Rates Chapter 34, Utilities (sewer rate increase)", be received, considered and passed for the first time. Ayes: Six. Nays: carried. BILLS PAYMENT 94119 - Moved by Angel, seconded by Wright of the City of Determination of in lieu thereof a and Charges, of placed on file, Wright. Motion that "Resolution approving Schedule A918, pp. 1-72, in the amount of $918,707.16 and Schedule W900, pp. 1-2, in the amount of $20,150.00, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Abstain: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-327. NEW BUSINESS 94120 - Moved by Wright, seconded by Angel that communication from Public Works Director transmitting appointment of Charles Scott to the position of Refuse Collector, effective June 27, 1989 be received, placed on file and approved. Motion carried. Travel Request 94121 - Moved by Buck, seconded by Wright that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Rick Tagtow, Director of Parks and Forestry, to attend International Society of Arboriculture Annual Conference and Trade Show in St. Charles, Illinois on August 14-17, 1989, with costs not to exceed $600.00. Motion carried. June 26, 1989 Page 5 MISCELLANEOUS 94122 - Moved by Buck, seconded by Wright that the following beer and liquor licenses be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and application for beer garden/outdoor cafe and cigarette licenses be received, placed on file and "Resolution approving variance to noise ordinance on July 9, 1989 from 3:00 p.m. to 7:00 p.m. for the Jet Lounge, 451 West Parker", be adopted. Ayes: Seven. 1. Beer Permit Application Class B Garrison's Phillips 66, 2230 Independence Avenue (Renewal) (Expires 6/30/90) (Includes Sunday Sales) 2. Wine Permit Application Class B Country Food Dist. Ltd., 2060 Crossroads Boulevard (Renewal) (Expires 67/11/90) (Includes Sunday Sales) 3. Beer & Wine Permit Application Class C Mama Nick's Circle Pizzeria, 1934 Washington Street (Renewal) (Expires 7/5/90) (Includes Sunday Sales) 4. Beer & Liquor Permit Application Class C Light House Lounge, 1307 West 5th Street (Renewal) (Expires 6/19/90) Zodiac, 319 Jefferson (Renewal) (Expires 7/18/90) Anchor Lounge, 324 West 4th Street (Renewal) (Expires 7/15/90) (Includes Sunday Sales) Half Pint, 1831 Independence (Renewal) (Expires 6/30/90) 5. Liquor Permit Application Class E Hy -Vee #3, 2325 Crossroads Boulevard (Renewal) (Expires 7/9/90) (Includes Sunday Sales) Hy -Vee Food Store #2, 2052 Logan Avenue (Renewal) (Expires 7/11/90) (Includes Sunday Sales) Application for Beer Garden/Outdoor Cafe, together with resolution authorizing variance to noise ordinance on July 9, 1989, 3:00 p.m. to 7:00 p.m. Jet Lounge, 451 West Parker Cigarette License Applications Eighty-five (85) Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-328. BONDS 94123 - Moved by Angel, seconded by Fox that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through June 26, 1989, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 94124 - James Curd, 227 Park Road, asked what was being done about the dilapidated homes in the City. Jim Lindsey, Community Development Administrator, reported that a demolition contract will be let in July. Approximately $250,000 has been allocated for demolition during this year. Mr. Curd also inquired about the enforcement of bicycle safety laws. Larry Dollen, Assistant Police Chief, reported that bikes are subject to the laws of the highway and that enforcement is done as time allows. L. C. Hennessey, 319 Belmont, asked for a definition of oral presentations. mune 26, 1989 Page 6 Oral Presentations - continued Kathy Oberle, 710 Forest Avenue, expressed concern over a map that she had observed several years ago of development sites in the community and the potential for land speculations in said areas. Mayor Pro Tem Brown questioned the validity of her statements. Moved by Buck, seconded by Wright that the above comments be received and placed on file and that the meeting be adjourned. Motion carried. Larry P. Burger Clerk/Auditor