HomeMy WebLinkAbout05/15/1989May 15, 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 May 15, 1989. Mayor Bernard L. McKinley in
the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown
Invocation by: Councilperson Josef Fox
Pledge of Allegiance: Troop 205--MarCena Clark, Marie Schulte, Kate Johnson, Candice
Johnson, Kelly Boyd, Alaina Shoopman.
93884 - Moved by Buck, seconded by Wright
that the Agenda, as amended, for the Regular Session on May 15, 1989 at 7:00
p.m. and the Minutes of the Regular Session on May 8, 1989 at 7:00 p.m., be
accepted and approved. Motion carried.
HEARINGS
93885 - Moved by Wright, seconded by Budak
that proof of publication of notice of public hearing on request of Hope
Martin Anderson to rezone from "A-1" Agricultural District to "C-2" Commercial
District property generally located at the southwest corner of San Marnan
Drive and Iowa Highway 21 (Hawkeye Road), as published in the Waterloo Courier
on April 28, 1989 be received and placed on file. Motion carried.
93886 - 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.
93887 - Moved by Fox, seconded by Dell
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 254 to Section 2A-5, Rezoning Certain
Property", be received, placed on file, considered and passed for the first
time. Ayes: Seven. Motion carried.
93888 - Moved by Wright, seconded by Budak
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
93889 - Moved by Dell, 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:
Seven. Motion carried.
93890 - Moved by Fox, seconded by Brown
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance by adding Subsection No. 254 to Section 2A-5, Rezoning Certain
Property", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3647.
93891 - Moved by Angel, seconded by Wright
that proof of publication of notice of public hearing on request of National
Cattle Congress to sell and convey a portion of Ansborough Avenue generally
located north of Rainbow Drive, as published in the Waterloo Courier on May 5,
1989, be received and placed on file. Motion carried.
May 15, 1989 Page 2
Hearings - continued
93892 - 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
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.
93893 - Moved by Budak, seconded by Brown
that "Resolution authorizing sale and conveyance of a portion of Ansborough
Avenue generally located north of Rainbow Drive to National Cattle Congress
for costs", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-213
PETITIONS FROM PUBLIC
93894 - Moved by Brown, seconded by Wright
that communication from North East Iowa Region, SCCA, for a variance to
Chapter 25.5 of the Noise Control Ordinance to conduct an auto -cross race in
conjunction with My Waterloo Days on June 4, 1989, be received, placed on file
and "Resolution approving said request", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-214.
93895 - Moved by Brown, seconded by Wright
that communication from City Engineer transmitting request of Helen Locke for
a temporary concrete driveway to be located at 110 Candlewick Road, 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 assigned No. 1989-215.
93896 - Moved by Brown, seconded by Wright
that communication from City Planner transmitting amended site plan request of
Crossroads Theater for a proposed 90.5 foot x 52 foot addition to the south
side of the existing building to add three screens and change proportions of
the existing houses by reducing seating and relocating screens, together with
recommendation of the Planning, Programming and Zoning Commission, be
received, placed on file and "Resolution setting date of hearing as May 22,
1989 at 7:00 p.m. in the City Hall Council Chambers on the above described
request", be adopted and Clerk/Auditor instructed to publish notice of same.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-216.
93897 - Moved by Brown, seconded by Wright
that communication from City Engineer transmitting temporary signing request
from Rydell Chevrolet, Inc. to temporarily place signs on San Marnan Drive
between Penneys Drive and Flarnmang Drive in conjunction with F.Y. 1989 Street
Reconstruction Program, Contract No. 357, together with recommendation of
approval subject to hold harmless stipulation, be received, placed on file and
"Resolution approving said request", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-217.
93898 - Moved by Wright, seconded by Fox
that communication from Planning and Development Director transmitting revised
28E Agreement with Black Hawk County for funding of relocation of park
entrance road to George Wyth Park in conjunction with the Chain of Lakes
project, together with recommendation of approval of the Public Works
Committee, be received, placed on file and "Resolution approving said
agreement", be adopted and Mayor and Clerk/Auditor be instructed to execute
same. Ayes: Seven.
Resolution adopted ar' 'upon approval by Mayor assignee o. 1989-218.
May 15, 1989
Petitions from Public - continued
93899 - Moved by Wright, seconded by Fox
Page 3
that communication from Planning and Development Director transmitting 28E
Agreement with Black Hawk County for Economic Development Administration
funding of North Elk Road from Donald Street to Independence Avenue, together
with recommendation of approval of the Public Works Committee, be received,
placed on file and "Resolution approving said agreement", be adopted and Mayor
and Clerk/Auditor be instructed to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-219.
DOCUMENTS
93900 - Moved by Wright, seconded by Fox
that communication from Assistant City Engineer transmitting Change Order No.
2 for a net decrease of $7,198.41 for work performed by Cedar Valley
Corporation in conjunction with F.Y. 1988 Leather Processor Access Road,
Contract No. 343, be received, placed on file and approved and Mayor and
Clerk/Auditor authorized to execute same. Motion carried.
93901 - Moved by Wright, seconded by Fox
that communication from Assistant City Attorney transmitting Lease Agreement
with Option to Purchase with Jimmie L. Jones for home located at 235
Baltimore, together with recommendation of approval, be received, placed on
file and "Resolution approving said agreement", be adopted and Mayor and
Clerk/Auditor authorized to execute the same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-220.
REPORTS
93902 - Moved by Buck, seconded by Dell
that the Waterloo Housing Authority Ridgeway Towers and Section 8 Existing
Housing Certificate Program dated May, 1989, be received and placed on file.
Motion carried.
93903 - Moved by Buck, seconded by Dell
that communication from City Planner transmitting recommendation on temporary
amendment to traffic code to allow reduction of speed limit on University
Avenue from Sager Avenue to Wallgate Avenue from 45 mph to 30 mph in
conjunction with Ansborough Avenue (North), IX -6615(7)--79-07, be received,
placed on file and "Resolution approving said temporary reduction of speed
limit", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-221.
93904 - Moved by Buck, seconded by Dell
that communication from Public Works Director transmitting report on coal
gasification plant discovery during construction of an addition to Recreation
Center, together with authorization to proceed with final negotiations and
clean-up procedures, be received, placed on file and "Resolution authorizing
to proceed", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-222.
RESOLUTIONS TO BE ADOPTED
93905 - Moved by Fox, seconded by Brown
that "Resolution setting date of hearing as May 22, 1989 at 7:00 p.m. in the
City Hall Council Chambers on amendments to FY 1989 City Budget", be adopted
and Clerk/Auditor instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-223.
May 15, 1989 Page 4
Resolutions To Be Adopted - continued
93906 - Moved by Fox, seconded by Brown
that "Resolution transferring from the Trust and Agency Fund the sum of
$1,341,328.42 to the General Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-224.
93907 - Moved by Fox, seconded by Brown
that "Resolution transferring from the Airport General Fund the sum of
$5,876.19 to the Debt Service Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-225.
93908 - Moved by Fox, seconded by Brown
that "Resolution transferring from the Tax Increment Financing Fund the sum of
$306,186.87 to the Debt Service Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-226.
93909 - Moved by Fox, seconded by Brown
that "Resolution transferring from the East Park Avenue Parking District the
sum of $5,291.15 to the Debt Service Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-227.
93910 - Moved by Fox, seconded by Brown
that "Resolution transferring from the Traffic Signals Fund the sum of
$1,380.79 to the General Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-228.
BILLS PAYMENT
93911 - Moved by Angel, seconded by Wright
that "Resolution approving Schedule A918, pp. 1-38, in the amount of
$194,314.28, and Schedule W900, pp. 1-3, in the amount of $12,706.19, copies
of which are on file in the Clerk/Auditor's Office", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-229.
NEW BUSINESS
93912 - Moved by Brown, seconded by Budak
that communication from Director of Human Rights Commission transmitting the
recommendation of approval of appointment of Phyllis Harris to the position of
Administrative Secretary for the Human Rights Commission, be received, placed
on file and approved. Motion carried.
93913 - Moved by Brown, seconded by Budak
that communication from Director of Parks and Forestry transmitting
recommendation of appointment of Veryl Riggins to the position of Park
Maintenance II --Construction and Clark Heitman to the position of Maintenance
IV -Forestry within the Parks Department, be received, placed on file and
approved. Motion carried.
93914 - Moved by Brown, seconded by Budak
that communication from Superintendent of Water Pollution Control transmitting
recommendation of appointment of Robert Miller and Larry Smith to the
positions of Operator I at the Water Pollution Control Plant, be received,
placed on file and approved. Motion carried.
May 15, 1989
New Business - continued
93915 - Moved by Brown, seconded by Budak
Page 5
that communication from Waterloo Water Works Board of Trustees transmitting
recommendation to certify an amount of $890.24 against property located at
1815 East 4th Street for replacement of water service line, be received,
placed on file and "Resolution approving certification", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-230.
93916 - Moved by Brown, seconded by Budak
that "Preliminary Resolution for the construction of street improvements in
the City of Waterloo in conjunction with FY 1989 Linbud Lane Paving Program,
Contract No. 358", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-231.
93917 - Moved by Brown, seconded by Budak
that "Resolution fixing values of lots in conjunction with FY 1989 Linbud Lane
Paving Program, Contract No. 358", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-232.
93918 - Moved by Brown, seconded by Budak
that communication from City Engineer transmitting proposed preliminary plat
and schedule of assessment, estimate of cost and proposed plans and
specifications in conjunction with FY 1989 Linbud Lane Paving Program,
Contract No. 358 be received, placed on file and "Resolution approving said
proposed preliminary plat, schedule of assessment, etc.", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-233.
93919 - Moved by Brown, seconded by Budak
that "Proposed Resolution of Necessity
Paving Program, Contract No. 358, and
at 7:00 p.m. in the City Hall Council
instructed to publish notice of same.
in conjunction with FY 1989 Linbud Lane
setting date of hearing as June 5, 1989
Chambers", be adopted and Clerk/Auditor
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-234.
93920 - Moved by Brown, seconded by Budak
that communication from City Engineer transmitting proposed schedule of
assessments, plats and breakdown of project cost for the FY 1990 Oiling
Program, Contract No. 361, be received and placed on file. Motion carried.
93921 - Moved by Brown, seconded by Budak
that "Resolution adopting preliminary plat and schedule of assessments for the
FY 1990 Oiling Program, Contract No. 361", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-235.
93922 - Moved by Brown, seconded by Budak
that (proposed) Resolution of Necessity in conjunction with FY 1990 Oiling
Program, Contact No. 361, be received, placed on file and "Resolution setting
date of hearing as June 5, 1989 at 7:00 p.m. in the City Hall Council Chambers
on said oiling program", be adopted and Clerk/Auditor instructed to prepare
notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-236.
May 15, 1989 Page 6
Travel Requests
93923 - 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. Sgt. R. Bruce Arends, Identification Unit Supervisor, to attend Law
Enforcement Photography & Photo Processing Schools at Kodak Company in
Rochester, NY, on May 15-26, 1989, with costs not to exceed $1,798.00.
2. Ruby Abebe to attend Opportunities Industrialization Center in
Philadelphia, Pennsylvania on May 20-25, 1989, with costs not to exceed
$1,088.00.
Motion carried.
MISCELLANEOUS
93924 - 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 and applications for temporary beer gardens
and cigarette licenses, be received, placed on file and approved:
1. Beer and Liquor License Permit Application
Class A
El Mecca Shrine Club, 716 Commercial Street (Renewal) (Expires 5/21/90)
(Includes Sunday Sales)
2. Beer License Permit Application
Class B
Latin American Club, Lincoln Park - East 4th Street & Franklin (Renewal)
(1 day --June 6, 1989)
Holiday Stationstore #52, 3260 University Avenue (Renewal) (Expires
5/4/90) (Includes Sunday Sales)
3. Beer and Liquor License Permit Application
Class C
Hickory House, 315 Park Road (Renewal) (Expires 5/23/90) (Includes Sunday
Sales)
Application for Temporary Beer Garden
Winning Edge, 341 Fletcher Avenue (1 day --May 20, 1989)
Rumours Bar & Grill, 1125 West Donald (1 day --May 20, 1989), subject to
notification of adjacent property owners
Cigarette Licenses
Three (3)
Motion carried.
BONDS
93925 - Moved by Angel, seconded by Buck
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through May 15, 1989, be received, placed on file and report and
bonds approved. Motion carried.
ORAL PRESENTATIONS
93926 - Vonnie Jackson, 1838 Howard Avenue, stated that she and other neighbors could
smell odors from the Eagle Ottawa Tannery. She contended that the Water
Pollution Control Plant was not able to handle the additional flow from the
Tannery. Today, she called the Tannery inquiring about current employment
figures. They reported 80 persons are currently employed, and that this will
be the maximum. She also asked whether the City was aware that many
refrigerators had been disposed of at the Water Pollution Control Plant.
May 15, 1989 Page 7
Oral Presentations - continued
Mayor McKinley and Public Works Director John Meyer reported that these
refrigerators will be disposed of. The City is currently in the process of
contacting an individual who will be disposing of them at a much cheaper cost
than they could be disposed of at the Landfill. Mr. Meyer indicated that all
refrigerators either have the door removed or the locks inoperable to assure
their safety. This is in compliance with City Code.
She also stated that she had received a telephone call from a resident along
Ansborough Avenue indicating that the newly constructed sidewalk had gaps that
could cause someone to fall. She also indicated that it was constructed with
the water shut-off valves embedded in the sidewalk edge. She asked that this
be reviewed.
Kathy Oberle, 710 Forest Avenue, asked what the City's liability was with the
refrigerators being stored at the Water Pollution Control Plant. She also
asked for a full and complete report of the capacity of the Water Pollution
Control Plant with the additional treatment necessary from the Tannery and
IBP. John Meyer, Public Works Director, stated that an analysis will be
completed in the next several weeks to determine future expansion needs.
Plant improvements will be offset by fees by IBP and Eagle Ottawa.
Rose Middleton presented Mayor McKinley with a plaque recognizing the East
Side Public Library as a National Historical Register location. Mayor
McKinley thanked the Historical Preservation Committee for their work in this
area and particularly for working on the designation for the East Side Public
Library.
L.C. Hennessey, 319 Belmont Avenue, suggested that the City investigate the
use of recycled paper for insulation purposes.
Moved by Buck, seconded by Wright
that the above oral presentations be received and placed on file. Motion
carried.
ADJOURNMENT
93927 - Moved by Buck, seconded by Wright
that the Council adjourn. Motion carried.
Larry P. Burger
Clerk/Auditor