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HomeMy WebLinkAbout03/13/1989March 13, 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 March 13, 1989. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Buck, Wright, Budak, Brown. Absent: Fox, Angel. Invocation by: Councilperson Dave Buck Pledge of Allegiance: Troop 157 --Kari Kikendall and Shannon Ryan 93540 - Mayor McKinley presented Certificates of Appreciation to members of the West High Wrestling Team. They recently won the state wrestling championship and are ranked second in the Nation. Coaches Ernest Middleton, Steve Gillen and Don Huff were also -recognized. Moved by Buck, seconded by Wright that the Agenda, as amended, for the Regular Session on March 13, 1989 at 7:00 p.m. and the Minutes of the Regular Session on March 6, 1989 at 7:00 p.m., be accepted and approved. Motion carried. REPORTS 93541 - Moved by Brown, seconded by Dell that communication from Clerk/Auditor requesting authorization to publish the 1988 salaries of all City employees as required by the State Code of Iowa and audit compliance, be received, placed on file, approved and Clerk/Auditor instructed to publish notice of same. Motion carried. 93542 - Moved by Brown, seconded by Dell that the Waterloo Housing Authority Ridgeway Towers and Section 8 Existing Housing Certificate Program dated March, 1989, be received and placed on file. Motion carried. DOCUMENTS 93543 - Moved by Budak, seconded by Brown that communication from Transportation Program Manager transmitting Appraisal Contract with Jones Appraisal Services for 106 Berlin Street in conjunction with Relocated U.S. Highway 218, IX -218(63)--3P-07, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Fox, Angel. Resolution adopted and upon approval by Mayor assigned No. 1989-99. RESOLUTIONS TO BE ADOPTED 93544 - Moved by Dell, seconded by Budak that "Resolution authorizing condemnation proceedings on Parcel No. 16, Cleveland Street Reconstruction Project, IX -6627(1)--79-07 (Lois A. Clute)", be adopted. Ayes: Five. Absent: Fox, Angel. Resolution adopted and upon approval by Mayor assigned No. 1989-100. 93545 - Moved by Dell, seconded by Budak that "Resolution authorizing acquisition contract payments and accepting of deeds for real property for Parcel Nos. 1 (Continental Baking Company), 13 (Beth A. Titus), 21 (Joe Katz Trust), 24, 25, 26, 27 (Lloyd E. and Mary L. Weber), 42 and 43 (Donald J. and Patricia A. Herbsleb), Ansborough Avenue Reconstruction Project, IX -6615(5)--79-07", be adopted. Ayes: Five. Absent: Fox, Angel. Resolution adopted and upon approval by Mayor assigned No. 1989-101. March 13, 1989 Page 2 Resolutions to be Adopted - continued 93546 - Moved by Dell, seconded by Budak that "Resolution authorizing acquisition contract payments and accepting of deeds for real property for Parcel Nos. 1, 2, 4 and 13 (Lockard Development, Inc.), Cleveland Street Reconstruction Project, IX -6627(1)--79-07", be adopted. Ayes: Five. Absent: Angel, Fox. Resolution adopted and upon approval by Mayor assigned No. 1989-102. 93547 - Moved by Dell, seconded by Budak that "Resolution authorizing acquisition contract payments and accepting of deeds for real property for Parcel Nos. 132-134 (James H. and Karen K. Dobbs), 216 (Marlin E. and Carol J. Harken), 610 (Donald and Bettie F. Matthias), 710 (Robert R. and Kathryn Fink), Sixth Street Reconstruction Project, IX -6604(2)--79-07", be adopted. Ayes: Five. Absent: Fox, Angel. Resolution adopted and upon approval by Mayor assigned No. 1989-103. 93548 - Moved by Dell, seconded by Budak that "Resolution approving and providing for the execution of an application for rental rehabilitation assistance to the U.S. Department of Housing and Urban Development for Federal Assistance under Section 17 of the United States Housing Act of 1937 (Sixth Year Rental Rehabilitation Program)", be adopted. Ayes: Five. Absent: Fox, Angel. Resolution adopted and upon approval by Mayor assigned No. 1989-104. 93549 - Moved by Dell, seconded by Budak that "Resolution authorizing the transfer of various capital improvement funds as on file in the Clerk/Auditor's Office", be adopted. Ayes: Five. Absent: Fox, Angel. Resolution adopted and upon approval by Mayor assigned No. 1989-105. 93550 - Moved by Dell, seconded by Budak that "Resolution approving Annual Contributions Contract Part I for Housing Voucher Program with U.S. Department of HUD, Section 8 Existing Housing with City acting as Waterloo Housing Authority", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Fox, Angel. Resolution adopted and upon approval by Mayor assigned No. 1989-106. HEARINGS .93551 - Moved by Buck, seconded by Brown that proof of publication of notice of public hearing on request of National Cattle Congress to vacate Ansborough Avenue north of Rainbow Drive, as published in the Waterloo Courier on March 3, 1989, be received and placed on file. Motion carried. 93552 - 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 Commission, be received and placed on file. Motion carried. 93553 - Moved by Dell, seconded by Brown that "an Ordinance vacating Ansborough Avenue north of Rainbow Drive", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Fox, Angel. Motion carried. Page 3 March 13, 1989 Hearings - continued 93554 - Moved by Wright, seconded by Dell that proof of publication of notice of public hearing on request of Tuve Investments, Inc. to vacate, sell and convey the north 30 feet of East San Marnan Drive right-of-way adjoining Lot 3, Southbrooke Second Addition, as published in the Waterloo Courier on February 24, 1989, be received and placed on file. Motion carried. 93555 - 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 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. 93556 - Moved by Buck, seconded by Dell that "an Ordinance vacating the north 30 feet of East San Marnan Drive right-of-way adjoining Lot 3, Southbrook Second Addition", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Fox, Angel. Motion carried. 93557 - Moved by Buck, seconded by Wright that proof of publication of notice of public hearing on request of Woodland Pattern Company, 848 Rainbow Drive, for a waiver of the building moratorium on Relocated Highway 218 Corridor, as published in the Waterloo Courier on March 3, 1989, be received and placed on file. Motion carried. 93558 - 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 Brown that the hearing be closed and the recommendation of approval of the Gateway Committee, be received and placed on file. Motion carried. 93559 - Moved by Budak, seconded by Dell that "Resolution approving request by Woodland Pattern Company, 848 Rainbow Drive, for a waiver of building moratorium on Relocated Highway 218, subject to conditions", be adopted. Ayes: Five. Absent: Fox, Angel. Resolution adopted and upon approval by Mayor assigned No. 1989-107. ORDINANCES TO BE ADOPTED 93560 - Moved by Buck, seconded by Wright that "an ordinance re-establishing the Downtown Self Supported Municipal Improvement District pursuant to the Provisions of Chapter 386 of the Code of Iowa, 1987, and providing for the establishment of funds and the levy of annual taxes in connection therewith, and repealing Ordinance No. 3474", be adopted. Ayes: Five. Absent: Fox, Angel. Ordinance adopted and upon approval by Mayor assigned No. 3625. March 13, 1989 Page 4 Ordinance to be Adopted - continued 93561 - Moved by Dell, seconded by Brown that "an ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa by repealing Sections 33-52, 33-53, 33-60, 33-62, 33-63, 33-64, 33-65, 33-66, 33-67, 33-68, of Article IV, Sidewalks, of Chapter 33, Streets and Sidewalks; and by enacting in lieu thereof new Sections 33-52, 33-53, 33-54, 33-60, 33-62, 33-66, 33-67, 33-68, of Article IV, Sidewalks, of Chapter 33, Streets and Sidewalks; and by adding Division 3, Sidewalk Inspection and Repair, to Chapter 33, Streets and Sidewalks; and by repealing the title "Division 3. Bus Stop Benches"; and enacting in lieu thereof a new title "Division 4. Bus Stop Benches"; and by repealing Subsection (b) of Section 33-80, Period of Amortization for Public Improvements, of Article V, Excavations, of Chapter 33, Streets and Sidewalks; and by enacting in lieu thereof a new Subsection (b) of Section 33-80, Period of Amortization for Public Improvements, of Article V, Excavations, of Chapter 33, Streets and Sidewalks (sidewalk inspection and repair)", be received, placed on file, considered and passed for the third time. Ayes: Five. Absent: Fox, Angel. Motion carried. 93562 - Donna Jones, Director of Citizens for Community Improvement, asked who would be responsible for damage done to sidewalks by the City during a past street improvement program. Molly Frazer, Assistant City Attorney, stated that the adjacent property owner could file a claim against the City with the final determination made by the City's liability insurance carrier. Moved by Brown, seconded by Wright that "an ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa by repealing Sections 33-52, 33-53, 33-60, 33-62, 33-63, 33-64, 33-65, 33-66, 33-67, 33-68, of Article IV, Sidewalks, of Chapter 33, Streets and Sidewalks; and by enacting in lieu thereof new Sections 33-52, 33-53, 33-54, 33-60, 33-62, 33-66, 33-67, 33-68, of Article IV, Sidewalks, of Chapter 33, Streets and Sidewalks; and by adding Division 3, Sidewalk Inspection and Repair, to Chapter 33, Streets and Sidewalks; and by repealing the title "Division 3. Bus Stop Benches"; and enacting in lieu thereof a new title "Division 4. Bus Stop Benches"; and by repealing Subsection (b) of Section 33-80, Period of Amortization for Public Improvements, of Article V, Excavations, of Chapter 33, Streets and Sidewalks; and by enacting in lieu thereof a new Subsection (b) of Section 33-80, Period of Amortization for Public Improvements, of Article V, Excavations, of Chapter 33, Streets and Sidewalks (sidewalk inspection and repair)", be adopted. Ayes: Five. Absent: Fox, Angel. Ordinance adopted and upon approval by Mayor assigned No. 3626. BILLS PAYMENT 93563 - Moved by Wright, seconded by Brown that "Resolution approving Schedule A918, pp. 1-48, in the amount of $895,851.34, and Schedule W900, pp. 1-2, in the amount of $51,367.95, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Five. Absent: Fox, Angel. Resolution adopted and upon approval by Mayor assigned No. 1989-108. NEW BUSINESS 93564 - Moved by Brown, seconded by Dell that the Transportation Program Manager be instructed to prepare plans, specifications, etc. in conjunction with F.Y. 1989 Cleveland Street Reconstruction, Contract No. 364, 6627(3)--79-07, be received and placed on file. Motion carried. March 13, 1989 New Business - continued 93565 - Moved by Buck, seconded by Brown Page 5 that "Resolution preliminarily approving plans, specifications, etc. in conjunction with F.Y. 1989 Cleveland Street Reconstruction, Contract No. 364, 6627(3)--79-07", be adopted. Ayes: Five. Absent: Fox, Angel. Resolution adopted and upon approval by Mayor assigned No. 1989-109. 93566 - Moved by Buck, seconded by Brown that "Resolution setting date of hearing as April 10, 1989 at 7:00 p.m. in the City Hall Council Chambers on F.Y. 1989 Cleveland Street Reconstruction, Contract No-. 364, 6627(3)--79-07", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Five. Absent: Fox, Angel. Resolution adopted and upon approval by Mayor assigned No. 1989-110. 93567 - Moved by Wright, seconded by Buck that communication from Director of Parks and Forestry transmitting recommendation of appointment of Clark Heitman to the position of Park Maintenance II effective March 14, 1989 be received and placed on file. Motion carried. Travel Requests 93568 - Moved by Buck, seconded by Brown that the following travel requests with expenses not to exceed amount shown, be received, placed on file and approved. 1. Sharon Spears, Animal Control Officer, to attend the Midwest Animal Control Humane Society Academy in Cedar Rapids, Iowa on April 18-21, 1989, with costs not to exceed $275.00. 2. Eric Thorson, City Engineer, to attend Conducting Employee Performance Evaluations Seminar in Cedar Rapids, Iowa on April 24, 1989, with costs not to exceed $106.50, including the use of City vehicle. 3. Maynard Davis, Identification Technician, to attend the Heart of America Professional Photographers Law Enforcement Seminar in Kansas City, MO on April 2 and April 3, 1989, with costs not to exceed $212.50, including the use of City vehicle. 4. John Daws, Investigator/Negotiator, to attend Advanced Hostage Negotiation School in Evanston, Illinois on April 17 - April 20, 1989, with costs not to exceed $758.00, including the use of City vehicle. 5. Larry Burger, Clerk/Auditor to attend Eighty -Third Annual Government Finance Officers Conference in Seattle, Washington on June 4-8, 1989, with costs not to exceed $1,273.00. Motion carried. MISCELLANEOUS 93569 - Moved by Buck, seconded by Brown that the following applications for beer and liquor licenses be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: 1. Beer License Permit Application Class C B & M Grocery, 831 Mobile Street (Renewal) (Expires 2/23/90) (Includes Sunday Sales) Jim Lind Standard, 230 East Ridgeway (Renewal) (Expires 4/6/90) (Includes Sunday Sales) Petro -N -Provisions, 1807 LaPorte Road (Renewal) (Expires 4/9/90) (Includes Sunday Sales) March 13, 1989 Page 6 Miscellaneous - continued 2. Beer & Wine License Permit Application Class E Coastal Mart, 508 North Broadway (Renewal) (Expires 3/31/90) (Includes Sunday Sales) Hy -Vee, 306 Byron Street (Renewal) (Expires 3/23/90) (Includes Sunday Sales) Coastal Mart, 1415 Logan Avenue (Renewal) (Expires 3/31/90) (Includes Sunday Sales) Coastal Mart, 611 Rainbow (Renewal) (Expires 3/31/90) (Includes Sunday Sales) Hy -Vee, 2052 Logan Avenue (Renewal) (Expires 3/23/90) (Includes Sunday Sales) 3. Beer & Liquor License Permit Application Class C Pat's Tavern, 303 West 4th Street (Renewal) (Expires 3/31/90) 4. Liquor License Permit Application Class E Hy -Vee Food Store, 3808 University (Renewal) (Expires 4/7/90) (Includes Sunday Sales) Motion carried. BONDS 93570 - Moved by Wright, seconded by Brown that the report of City Attorney and list of bonds filed with Clerk/Auditor through March 13, 1989, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 93571 - Tom Hall, 231 Park Road, inquired about snow removal in the street adjacent to the curb line. John Meyer, Public Works Director, stated that snow removal is done as effectively and efficiently as possible. Chuck Adams, representing Citizens for Community Improvement (CCI), asked that the Community Development Block Grant public hearing scheduled for Tuesday, March 14, 1989 be changed from 4:00 p.m. to 7:00 p.m. He stated that this would allow greater citizens' input. Jim Lindsey, Community Development Administrator, stated that the public hearing time had been advertised in the Waterloo Courier, as legally required by law. He stated that the time frame for submission of the Block Grant Application is such that it would be very difficult to republish within the time frame that has been stipulated. He also stated that the 4:00 p.m. time would allow persons to use the public transportation system in the daylight. Ralph Jones also requested that the meeting time be changed to 7:00 p.m. on March 14. Gene Wester, 558 Indiana Street, also requested the later meeting time. John Kneeland, Chairman of the Community Development Board, stated that the Board was opposed to changing the meeting time. Kathy Oberle, 710 Forest Avenue, read a prepared statement indicating the ramifications of a petition that may be filed with the Black Hawk County Auditor's Office by a member of the Citizens' Budget Review Committee concerning the F.Y. 1990 Budget recently adopted by the City Council. Ms. Oberle stated that if the protest is successful and the budget is cut, it will result in the layoff of up to 12 Waterloo Firefighters and the closing of two fire stations. It would also lower the response time, cut library services and substance abuse treatment and drop the City's fire insurance rating. She stated that the petition was not necessary. March 13, 1989 Page 7 Oral Presentations - continued Donna Jones, Director of Citizens for Community Improvements (CCI), stated that the Council's action to not change the Community Development Board's hearing was anti-American. Moved by Buck, seconded by Brown that the above oral comments be received and placed on file. Motion carried. ADJOURNMENT 93572 - Moved by Buck, seconded by Brown that the Council adjourn. Motion carried. Larry P. Burger Clerk/Auditor