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HomeMy WebLinkAbout04/17/1989April 17, 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 April 17, 1989. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Budak, Brown. Absent: Wright. Invocation Pledge of 94717 - 93718 - 93719 - 93720 - 93721 - 93722 - 93723 - by: Mayor Bernard L. McKinley Allegiance: Bruce Meisinger, Budget Analyst Moved by Buck, seconded by Angel that the Agenda, as amended, for the Regular Session on April 17, 1989 at 7:00 p.m. and the Minutes of the Regular Session on April 10, 1989 at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS Moved by Angel, seconded by Dell that proof of publication of notice of public hearing and taking of bids on F.Y. 1989 Commercial, Jefferson, West Seventh Streets, Contract No. 350, as published in the Waterloo Courier on March 31, 1989, be received and placed on file. Motion carried. 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 "Resolution confirming the approval of plans, specifications in conjunction with said project", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1989-157. Moved by Dell, seconded by Fox that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1989-158. Moved by Fox, seconded by Angel to receive, file, City Engineer for instruct Clerk/Auditor to open review and recommendation (See Bidder Bid Bond Cedar Valley Corporation 5% Cunningham Construction 5% Youngblut Contracting, Inc. 5% Motion carried. Moved by Buck, seconded by Budak Division 1 $354,566.20 $307,270.30 $333,538,20 and read bids CR 93795): Bid Division 2 $17,865.00 $27,336.00 $37,249.00 and refer to the Division 3 1+2 $372,431.20 $334,606.30 $350,787.20 that proof of publication of notice of public hearing and taking of bids on F.Y. 1989 Street Reconstruction Program, Contract No. 357, as published in the Waterloo Courier on March 31, 1989, be received and placed on file. Motion carried. HOLD HEARING --This being the place and time of public hearing, the Mayor called for oral and written objections and there were none. Moved by Brown, seconded by Angel that "Resolution confirming the approval of plans and specifications in conjunction with said project", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1989-159. April 17, 1989 Page 2 Hearings and Bids - continued 93724 - Moved by Fox, seconded by Dell that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1989-160. 93725 - Moved by Dell, seconded by Angel to receive, file, instruct Clerk/Auditor to open and read bids and refer to the City Engineer for review and recommendation (See CR 93796 for award of contract): Bid Bidder Bid Bond Alternate A Alternate B Aspro, Inc. 5% $1,777,964.71 No Bid Cedar Valley Corporation 5% No Bid $1,736,977.24 Wicks Construction, Inc. 5% No Bid $1,773,822.02 Motion carried. In response to a question from the Council, City Attorney Hugh Field stated that the 5 percent goal for minority participation in City contracts may be in question since a recent Supreme Court ruling in a Charlotte, North Carolina. An important factor in the case was not that the city had goals for minorities, but that there had been no past documentation that led to the initiation of the mandatory minority participation. Mr. Field stated that although the spirit of the minority participation in Waterloo contracts was to include everyone in the bidding process, the City Attorney's Office is reviewing how this case affects City contracts. Ernie Boykin, 530 Hope Avenue, spoke in support of minority participation in City contracts. HEARINGS 93726 - Moved by Buck, seconded by Angel that proof of publication of notice of public hearing on request of Steven M. & Tammy S. Walker to vacate a portion of the flood control easement obtained by the City in 1968 over Lot 9, Shuman Addition (2534 West Ninth Street), as published in the Waterloo Courier on March 31, 1989, be received and placed on file. Motion carried. 93727 - 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 a portion of the existing garage was built over a portion of the City's flood control easement. It was the recommendation of the Commission to approve the request, and that the applicant be responsible for paying the filing fee and publication costs. If the Council approves the Commission's recommendation, the applicant would be responsible for said costs. Moved by Budak, 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. 93728 - Moved by Fox, seconded by Buck that "an Ordinance vacating a portion of the flood control easement obtained by the City in 1968 over Lot 9, Shuman Addition (2534 West Ninth Street)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Wright. Motion carried. April 17, 1989 Hearings - continued Page 3 93729 - Moved by Angel, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Wright. Motion carried. 93730 - 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: Six. Absent: Wright. Motion carried. 93731 - Moved by Fox, seconded by Brown that "an Ordinance vacating a portion of the flood control easement obtained by the City in 1968 over Lot 9, Shuman Addition (2534 West Ninth Street)", be adopted. Ayes: Six. Absent: Wright. Ordinance adopted and upon approval by Mayor assigned No. 3636. 93732 - Moved by Budak, seconded by Buck that proof of publication of notice of public hearing on request of property owners to rezone from "C-2" and "C-3" Commercial District to "M-1" Light Industrial District property generally located between East Seventh and East Eighth Streets and between Sycamore and Water Streets, as published in the Waterloo Courier on March 31, 1989, be received and placed on file. Motion carried. 93733 - 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 next four public hearings on the Council agenda are for an area bounded by East Seventh Street, East Eleventh Street, Sycamore Street and Water Street. The requests are to rezone from "C-2" Commercial District to "M-1" Light Industrial District. Moved by Buck, 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. 93734 - Moved by Brown, seconded by Fox that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 250 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Wright. Motion carried. 93735 - 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: Wright. Motion carried. 93736 - Moved by Fox, 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: Wright. Motion carried. 93737 - Moved by Angel, seconded by Brown that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 250 to Section 2A-5, Rezoning Certain Property", be adopted. Ayes: Six. Absent: Wright. Ordinance adopted and upon approval by Mayor assigned No. 3637. April 17, 1989 Hearings - continued 93738 - Moved by Buck, seconded by Angel that proof of publication of notice of public hearing owners to rezone from "C-2" Commercial District to District property generally located between East Eighth and between Sycamore and Water Streets, as published in March 31, 1989, be received and placed on file. Motion Page 4 on request of property "M-1" Light Industrial and East Ninth Streets the Waterloo Courier on carried. 93739 - 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 Dell 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. 93740 - Moved by Dell, seconded by Fox that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 251 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Wright. Motion carried. 93741 - Moved by Brown, seconded by Buck that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Wright. Motion carried. 93742 - 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: Wright. Motion carried. 93743 - Moved by Budak, seconded by Fox that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 251 to Section 2A-5, Rezoning Certain Property", be adopted. Ayes: Six. Absent: Wright. Ordinance adopted and upon approval by Mayor assigned No. 3638. 93744 - Moved by Dell, seconded by Buck that proof of publication of notice of public hearing owners to rezone from "C-2" Commercial District to District property generally located between East Ninth and between Sycamore and Water Streets, as published in March 31, 1989, be received and placed on file. Motion on request of property "M-1" Light Industrial and East Tenth Streets the Waterloo Courier on carried. 93745 - 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 Buck, 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. 93746 - Moved by Fox, seconded by Dell that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 252 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Wright. Motion carried. April 17, 1989 Page 5 Hearings - continued 93747 - Moved by Budak, seconded by Brown that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Wright. Motion carried. 93748 - Moved by Brown, 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: Wright. Motion carried. 93749 - Moved by Angel, seconded by Fox that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 252 to Section 2A-5, Rezoning Certain Property", be adopted. Ayes: Six. Absent: Wright. Ordinance adopted and upon approval by Mayor assigned No. 3639. 93750 - Moved by Buck, seconded by Brown that proof of publication of owners to rezone from "C-2" District property generally Streets and between Sycamore Courier on March 31, 1989, be notice of public hearing on request of property Commercial District to "M-1" Light Industrial located between East Tenth and East Eleventh and Water Streets, as published in the Waterloo received and placed on file. Motion carried. 93751 - 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 Dell, 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. 93752 - Moved by Angel, seconded by Fox that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 253 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Wright. Motion carried. 93753 - Moved by Fox, seconded by Buck that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Wright. Motion carried. 93754 - Moved by Budak, 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: Wright. Motion carried. 93755 - Moved by Fox, seconded by Dell that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 253 to Section 2A-5, Rezoning Certain Property", be adopted. Ayes: Six. Absent: Wright. Ordinance adopted and upon approval by Mayor assigned No. 3640. 93756 - Moved by Fox, seconded by Dell that proof of publication of notice of public hearing on request of Donald and Patricia Herbsleb to sell and convey excess right-of-way property generally located on the east side of Ansborough Avenue between Upton Avenue and Stratford Avenue, as published in the Waterloo Courier on April 11, 1989, be received and placed on file. Motion carried. April 17, 1989 Page 6 Hearings - continued 93757 - 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 Angel that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning staff, be received and placed on file. Motion carried. 93758 - Moved by Fox, seconded by Buck that "Resolution authorizing sale and conveyance of City excess right-of-way generally located on the east side of Ansborough Avenue between Upton Avenue and Stratford Avenue to Donald and Patricia Herbsleb for $13,500, plus costs, subject to conditions of agreement to purchase City excess right-of-way", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1989-161. 93759 - Moved by Buck, seconded by Angel that proof of publication of notice of public hearing on request of Iowa Department of Transportation to convey property generally located north of Rainbow Drive, as published in the Waterloo Courier on April 7, 1989, be received and placed on file. Motion carried. 93760 - 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 Budak, seconded by Buck that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning staff, be received and placed on file. Motion carried. 93761 - Moved by Angel, seconded by Fox that "Resolution conveying property generally located north of Rainbow Drive to the Iowa Department of Transportation", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Six. Absent: Wright. Resolution adopted and upon approval_ by Mayor assigned No. 1989-162. 93762 - Moved by Budak, seconded by Brown that proof of publication of notice of public hearing on an Ordinance amending the Waterloo Zoning Ordinance No. 2479 by adding Subsection (5.1) Adult Businesses/Adult Uses to Part III, 2A-3, Definitions; by repealing Subsection 2A -27(A), Principal Permitted Uses, of Part XIII, "C-2" Commercial District; and by enacting in lieu thereof a new Subsection 2A -27(A), Principal Permitted Uses, of Part XIII, "C-2" Commercial District; by adding Subsection (10) Adult Businesses/Adult Uses to Part XXII, Exceptions and Modifications, Section 2A-48 (H), Special Permit Required; by adding Subsection (N) Adult Uses, to Part XXII, Section 2A-48, Exceptions and Modifications; by repealing Subsection 2A-56, Violation and Penalties, of Part XXVII, Violation, Penalties and Enforcement; and by enacting in lieu thereof a new Subsection 2A-56, Violation and Penalties, to Part XXVII, Violation, Penalties and Enforcement (Adult Entertainment Establishments), as published in the Waterloo Courier on March 31, 1989, be received and placed on file. Motion carried. 93763 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Moved by Buck, 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. April 17, 1989 Page 7 Hearings - continued 93764 - Moved by Brown, seconded by Angel that "an Ordinance amending the Waterloo Zoning Ordinance No. 2479 by adding Subsection (5.1) Adult Businesses/Adult Uses to Part III, 2A-3, Definitions; by repealing Subsection 2A -27(A), Principal Permitted Uses, of Part XIII, "C-2" Commercial District; and by enacting in lieu thereof a new Subsection 2A -27(A), Principal Permitted Uses, of Part XIII, "C-2" Commercial District; by adding Subsection (10) Adult Businesses/Adult Uses to Part XXII, Exceptions and Modifications, Section 2A-48 (H), Special Permit Required; by adding Subsection (N) Adult Uses, to Part XXII, Section 2A-48, Exceptions and Modifications; by repealing Subsection 2A-56, Violation and Penalties, of Part XXVII, Violation, Penalties and Enforcement; and by enacting in lieu thereof a new Subsection 2A-56, Violation and Penalties, to Part XXVII, Violation, Penalties and Enforcement (Adult Entertainment Establishments)", be received, placed on file, considered and passed for the first time. Prior to a vote, the following discussion was heard. Hugh Field, City Attorney, explained that the City of Waterloo does have the authority to control the location of such uses. He stated that the proposed ordinance is not intended to censor or prohibit adult entertainment businesses, but to regulate their effects on adjacent businesses. He indicated that the proposed ordinance states that such businesses could not be within 600 feet of a residential use, day care center, house of worship, public library, school, public park, recreation center, convention center, residential facility or a mission. The ordinance also states that two such adult entertainment businesses could not be within 600 feet of each other. If two such businesses were within 600 feet, the newer establishment would be forced to move under the ordinance. Bob Stevenson, City Planner, briefly described those areas in the community that are currently zoned "C-2" Commercial and would allow adult entertainment businesses to locate. Those locations include: A few blocks on the east and west sides of the Cedar River, in the vicinity of Fourth Street; Crossroads Center and surrounding property; along Highway 63 at the southwest entrance to the City; the northeast industrial site near Deere & Co., Eagle Tanning Co. and the new IBP, Inc. hog -slaughtering plant; near the Waterloo Municipal Airport, and in the vicinity of Wagner Road and Airline Highway; the vicinity of Highway 21, Kimball Avenue and San Marnan Drive; and along Interstate 380 at the southeast corner of town. Virgil Willard, 235 Western Avenue and owner of the Picadilly, 416 Jefferson Street, stated that he would seek to have the ordinance overturned. He also indicated that this ordinance is similar to the one adopted by the City Council in Cedar Rapids that has closed several businesses. He also asked about the ownership of the property pointed out as possible locations for such businesses. He stated that such locations are financially out of reach for his business. Mayor McKinley read into the record a letter of support for the Adult Entertainment Ordinance by the Waterloo Convention & Visitors Bureau. Mike Snell, 3638 Osage Road and representing the Devil's Den, indicated that his establishment has not had any trouble calls, and that over 90 percent of the businesses lying within 600 feet of his establishment had moved in after his business. He indicated that it was not right for the City to come in after ten years of being in the business and ask him to relocate. He indicated that he could appeal the decision to the Board of Adjustment to stay at his current location but doubted that he could get the sufficient number of signatures to support his request. Hugh Field, City Attorney, stated that the City's ordinance has been patterned after similar ordinances that have stood the test of the Supreme Court. Dave Van Dee, 1422 Lyon Avenue and Executive Director of the Waterloo Redevelopment Authority, read a prepared statement in support of the ordinance. April 17, 1989 rage 8 Hearings - continued Milt Roth, 617 Mulberry and representing Roth Jewelers, stated that an adult entertainment business had opened net to hire, and that several of his customers had indicated that they had been harassed by persons near his business. He also stated that the dollars spent in remodeling his store recently was done only after carefiil sir -:el ,f the surrounding environment. He asked that the Council adopt the ordinance to protect the improvements that have been made iri the downtown and to protect the tax base. Pat Schlindwein, 319 Jefferson Street, owner/operator of the Zodiac, asked whether or not establishments that had occasional dancers would be subject to the ordinance. Hugh Field, City Attorney, stated that they would not. Pat Schlindwein asked why the City allowed strippers at city -owned facilities such as Electric Park and Five Sullivan Brothers Convention Center. Mayor McKinley indicated that Electric Park was not a City facility, and that he was not aware of any male strippers at Five Sullivan Brothers Convention Center. Terry Poe, representing the Waterloo Downtown Council, spoke in support of the ordinance. Diane Dutton, co-owner of the Golden Dolphin located at 301 West Fourth Street, spoke against the ordinance. Jay Paulson stated that such an ordinance would hurt business at Five Sullivan Brothers Convention Center since many of the conventioneers seek out such entertainment. He also indicated that the downtown is no longer a "hub" of business. Randy Newell, 403 Fowler Street, stated that adult entertainment businesses chase business away from Waterloo. Roger Stewart, 3908 Cedar Knoll Circle, spoke in support of the ordinance and thanked the Council for helping make the downtown a safer place. Ernie Boykin, 530 Hope Avenue, stated that an adult movie theater is located on LaPorte Road and suggested that adult entertainment uses could locate in the Crossroad Shopping area. Forest Dillavou, 1725 Huntington Road, asked why the existing uses would not be grandfathered in as a part of the ordinance. Hugh Field, City Attorney, stated that the grandfather clause does not affect this ordinance since it is not intended to regulate business but only to locate where such businesses are allowed to locate. Mary Rocca, 3236 Midway Drive, stated that this ordinance is a form of censorship and asked where does government stop interfering. Jeff Schwartzendruber asked for clarification on the beer and liquor laws. He supported the ordinance. Rio Cleigh, 657 Sheridan Road, supported the ordinance and stated that he had been harassed by patrons of these establishments. Kathy Oberle, 710 Forest Avenue, asked whether or not the video stores would be regulated by the ordinance. She also suggested that perhaps the City should wait for the outcome of a court case now pending in Dallas. Hugh Field, City Attorney, stated that if more than 25 space is devoted to adult videos, the ordinance could be James Blanchard, 419 Locust, Apartment 3, stated that he movies that are close to XXX rating. He also relayed an had been robbed near the Devil's Den. He supported ordinance. percent of the floor enforced. has seen many R-rated incident where someone the adoption of the April 17, 1989 Page 9 Hearings - continued Jim Volgarino, 316 West Fifth Street and representing Pioneer Graphics, stated that he has made a considerable investment in his property, and that he supports the adoption of the ordinance. A vote was taken on the first reading of the above mentioned ordinance with the following results. Ayes: Six. Absent: Wright. Motion carried. 93765 - Moved by Budak, seconded by Brown that rules requiring an ordinance to be considered and voted for passage at two prior meetings, be suspended. With the approval of the Mover and Seconder, this motion was withdrawn. UNFINISHED BUSINESS 93766 - Moved by Buck, seconded by Brown that communication from Transportation Program Manager recommendation on award of Ansborough Avenue, IX -6615(7)--79-07 to Co., Inc. in the amount of $2,304,489.59, be received, placed "Resolution approving said award of contract", be adopted. Absent: Wright. transmitting Fred Carlson on file and Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 1989-163. 93767 - Moved by Buck, seconded by Brown that communication from Transportation Program Manager transmitting recommendation on award of Cleveland Street, 6627(3)--79-07, Contract No. 364 to Cedar Valley Corporation of Waterloo, Iowa in the amount of $642,750.07, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1989-164. 93768 - Moved by Buck, seconded by Brown that communication from Transportation Program Manager transmitting Contract, Bond and Certificate of Insurance from Cedar Valley Corporation of Waterloo, Iowa, in the amount of $642,750.07 in conjunction with Cleveland Street, 6627(3)--79-07, Contract No. 364, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1989-165. REPORTS 93769 - Moved by Angel, seconded by Brown that the Waterloo Housing Authority Ridgeway Towers and Section 8 Existing Housing Certificate Program dated April, 1989, be received and placed on file. Motion carried. PETITIONS FROM PUBLIC 93770 - Moved by Buck, seconded by Fox that communication from City .P inner transmitting site plan amendment request of Kearns-Huisman-Schumacher Funeral Chapel for property generally located at the northwest corner of Kimball Avenue and Park Lane to increase the number of parking spaces within the existing site from 32 to 49 spaces and for an additional curb cut, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said site plan amendment", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1989-166. April 17, 1989 Page 10 Petitions from Public - continued 93771 - Moved by Buck, seconded by Fox that communication from City Planner transmitting request of Tuve Investments, Inc. to vacate a portion of a platted utility easement, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 8, 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: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1989-167. 93772 - Moved by Buck, seconded by Fox that communication from City Planner transmitting request of Joe Harris that a carpet cleaning service be included in the Zoning Ordinance as a permitted use in an "R-4" Multiple Family Residence District, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 8, 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: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1989-168. 93773 - Moved by Buck, seconded by Fox that communication from City Planner transmitting request of Greg Bagsby to rezone from "R-2" One and Two Family Residence District to "C -Z" Conditional Zoning property generally located on the northwest corner of Sumner and Linn Streets, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 8, 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: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1989-169. 93774 - Moved by Buck, seconded by Fox that communication from City Engineer transmitting petitions for oiling to be completed during the summer, 1989, in conjunction with F.Y. 1990 Oiling Program, Contract No. 361, be received, placed on file and City Engineer instructed to prepare assessment proceedings for formal action by the City Council. Motion carried. DOCUMENTS 93775 - Moved by Fox, seconded by Angel that communication from Associate Engineer transmitting Change Order No. 1 for a net decrease of $3,500.20 for work to be performed by Peterson Contractors, Inc. in conjunction with F.Y. 1988 Dry Run Creek Improvements, Contract No. 348, be received, placed on file and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 93776 - Moved by Fox, seconded by Angel that communication from Transportation Program Manager transmitting Agreement No. 89-F-008 with the Iowa Department of Transportation for reimbursement of eligible construction costs in conjunction with Greenhill/Ansborough Bikeway, IX -6585(9)--79-07, 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 same. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1989-170. April 17, 1989 Page 11 Documents - continued 93777 - Moved by Fox, seconded by Angel that communication from Transportation Program Manager transmitting Certification of Completion and Final Acceptance of Agreement Work for work completed by Robinson Engineering Co. in conjunction with Dysart Road, IX -6691(2)--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: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1989-171. 93778 - Moved by Fox, seconded by Angel that communication from Associate Engineer transmitting Completion Report and Recommendation of Acceptance for F.Y. 1988 Dry Run Creek Improvements, Contract No. 348, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1989-172. 93779 - Moved by Fox, seconded by Angel that Maintenance Bond in conjunction with F.Y. 1988 Dry Run Creek Improvements, Contract No. 348 from Peterson Contractors, Inc. of Reinbeck, Iowa, be received and placed on file. Motion carried. 93780 - Moved by Fox, seconded by Angel that communication from Transportation Program Manager transmitting Certification of Completion and Final Acceptance of Agreement Work for Floff Road, IX -6587(4)--79-07, for work completed by Robinson Engineering Co., be received, placed on file and "Resolution approving said document", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1989-173. 93781 - Moved by Fox, seconded by Angel that communication from Transportation Program Manager transmitting Agreement No. 89-F-009 with the Iowa Department of Transportation for reimbursement for construction and implementation of a Closed -Loop Grid Traffic Control System in conjunction with East CBD Traffic Signal Subsystem "M", IX -6453(3)--79-07, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1989-174. ORDINANCE TO BE ADOPTED 93782 - Moved by Fox, seconded by Dell that "an ordinance amending the 1988 Traffic Code by repealing Subsection (253a) Shaulis Road of Section 551, Parking Prohibited At All Times on Certain Streets; and by enacting in lieu thereof a new Subsection (253a) Shaulis Road of Section 551, Parking Prohibited At All Times on Certain Streets", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Wright. lotion carried. 93783 - Moved by Brown, seconded by Angel that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Wright. Motion carried. 93784 - Moved by Angel, seconded by Fox 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: Wright. Motion carried. April 17, 1989 Page 12 Ordinances to Be Adopted - continued 93785 - Moved by Buck, seconded by Brown that "an ordinance amending the 1988 Traffic Code by repealing Subsection (253a) Shaulis Road of Section 551, Parking Prohibited At All Times on Certain Streets; and by enacting in lieu thereof a new Subsection (253a) Shaulis Road of Section 551, Parking Prohibited At All Times on Certain Streets", be adopted. Ayes: Six. Absent: Wright. Ordinance adopted and upon approval by Mayor assigned No. 3641. BILLS PAYMENT 93786 - Moved by Dell, seconded by Brown that "Resolution approving Schedule A918, pp. 1-42, in the amount of $346,439.21, and Schedule W900, pp. 1-7, in the amount of $3,627.53, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Four. Abstain: Buck, Angel. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1989-175. NEW BUSINESS 93787 - Moved by Fox, seconded by Angel that communication from City Planner transmitting amendment to Zoning Ordinance No. 2479, as amended, as it pertains to the maximum size of accessory buildings or garages, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 8, 1989 at 7:00 p.m. in the City Hall Council Chambers on the above described amendment", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1989-176. 93788 - Moved by Fox, seconded by Angel that communication from Mayor Bernie McKinley transmitting recommendation of appointment of Carl E. Swaim to the Cablevision Commission effective immediately, with expiration date of December 1, 1991, be received, placed on file and approved. Motion carried. 93789 - Moved by Fox, seconded by Angel that communication from Mayor Bernie McKinley transmitting recommendation of appointment of DeWayne R. Mingus and James Paul Kastli to the Plumbing Code Committee and Examining Board for another two year term, with expiration date of March 1, 1991, be received, placed on file and approved. Motion carried. 93790 - Moved by Fox, seconded by Angel that communication from Parks Director transmitting recommendation of appointment of Lee Young to the position of Park Maintenance II/Forestry, effective April 18, 1989, be received, placed on file and approved. Motion carried. Travel Requests 93791 - Moved by Fox, seconded by Angel that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Cora Turner, Assistant Personnel Director, to attend National Affirmative Action Conference in New Orleans, LA on June 4-7, 1989, with costs not to exceed $1,029.00. 2. Larry Schoer, Fire Department Lieutenant, to attend Asbestos School in Cedar Falls, Iowa on April 17-21, 1989, with costs not to exceed $525.00. i - • April 17, 1989 Page 13 Travel Requests - continued 3. Jack Loynachan, Operations Supervisor, to attend Inspector & Management Planner Training Course regarding asbestos in Cedar Falls, Iowa on April 17-21, 1989, with costs not to exceed $525.00. Motion carried. MISCELLANEOUS 93792 - Moved by Fox, seconded by Angel that the following beer and liquor license applications, be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and application for dance license and cigarette license application, be received, placed on file and approved: 1. Beer License Permit Application Class B Waterloo Softball Association, Corner of Burton & Longfellow (Seasonal) (Expires 10/21/89) (Includes Sunday Sales) Diablo's Taco, 2401 Falls Avenue (Renewal) (Expires 4/12/90) 2. Beer License Permit Application Class C Falls Road Drug, 2027 Falls Avenue (Renewal) (Expires 4/30/90) (Includes Sunday Sales) 3. Beer & Liquor License Permit Application Class C Locker Room, 1918 Hawthorne (Renewal) (Expires 4/20/90) (Includes Sunday Sales) Paulie's Place, 814 LaPorte Road (Renewal) (Expires 5/15/90) (Includes Sunday Sales) Silver Fox, 910 West 5th Street (New Location) (Expires 5/7/89) (Includes Sunday Sales) Application for Dance License Ramada Hotel, 214 Washington Street Cigarette License Application One (1) Motion carried. BONDS 93793 - Moved by Buck, seconded by Dell that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through April 17, 1989, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 93794 - Kathy Oberle, 710 Forest Avenue, asked that the City consider the formation of a commission that would hear the concerns and requests of citizens. She feels that adequate attention is not being paid to all citizens' concerns and problems. Mayor McKinley stated that every citizen is given an opportunity to air their concerns before the Council at each Council meeting. He thanked tris. Oberle for her presentation. Ernie Boykin, 530 Hope Avenue, stated that she has concerns over the safety of our police officers due to the lack of funding. She presented several possible grants that could be applied .cor and used for additional manpower. She also expressed concern about the length of time that trains are allowed to block the East Fourth Street crossing. She related an incident where she had waited a considerable length of time at this intersection. She asked that this be reviewed by the City. April 17, 1989 Page 14 Oral Presentations - continued Councilperson Angel stated that the 31..ugcestion made by Kathy Oberle to establish a commission on cornpleints vF:;.;:'.d be a difficult commission to get people to serve on. Moved by Buck, seconded by Brown to receive and file the above comments. Motion carried. 93795 - Eric Thorson, City Engineer, asked that they be given additional time to review the bids. Moved by Dell, seconded by Buck that award of contract of F.Y. 1989 Commercial, Jefferson, West Seventh Streets Reconstruction, Contract No. 350, be delayed for one (1) week. Motion carried. 93796 - Eric Thorson, City Engineer, reported that the subcontractor's participation was indicated to be 1 percent Women Business Enterprise (WBE) and 4.2 percent Minority Business Enterprise (MBE). Moved by Dell, seconded by Buck that award of contract of F.Y. 1989 Street Reconstruction Program, Contract No. 357 to Cedar Valley Corporation of Waterloo, Iowa, in the amount of $1,736,977.24, be received, placed on file and "Resolution approving said award", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1989-177. ADJOURNMENT 93797 - Moved by Buck, seconded by Dell that the Council adjourn. Motion carried. Larry P. Burger Clerk/Auditor