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HomeMy WebLinkAbout02/27/1989February 27, 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 February 27, 1989. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Councilperson Rose Angel Pledge of Allegiance: Winnie Chang, Kristy Clough, Melissa Edsill, Sara Gibbons, Sarah Nienkark, Julie Swanson, Jaime Woodyard, Nicole Weliver. 93469 - Moved by Wright, seconded by Angel that the Agenda, as proposed, for the Regular Session on February 27, 1989 at 7:00 p.m. and the Minutes of the Regular Session on February 21, 1989 at 7:00 p.m., be accepted and approved. Motion carried. 93470 - Mayor McKinley reported that at the recent Iowa Concrete Paving Association 25th Annual Workshop, the 1989 Portland Cement Concrete Paving Awards were presented. The Hackett Road Bypass project was rated the best completed in the State of Iowa for 1988 submitted in the FAUS category. Plagues were presented both to the City of Waterloo and the construction engineering firm on the project, Brice, Petrides -Donohue Co. Merit award certificates were presented to the following personnel: Tim Mrozek, Jerry Shoff, Will Kotz, Allan Nordbrock, Susan Nold and Dick Woodley. HEARINGS 93471 - Moved by Fox, seconded by Buck that proof of publication of notice of public hearing on the amendments to Long Range Land Use Plan for City of Waterloo as published in the Waterloo Courier on February 22, 1989, be received and placed on file. Motion carried. 93472 - 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 amendments would be for the area bounded by East Seventh Street, Sycamore Street, East Eleventh Street and Water Street to be designated future industrial rather than medium to high density residential as the Plan currently shows. Said amendments would also include the area bounded by East Seventh Street, Sycamore Street, East Eleventh Street and a line 120 feet northerly of and parallel to Sycamore Street to be designated future general commercial rather than medium to high density residential. Said amendments pertain to the public hearing later in the agenda ("C-2" Commercial District to "M-1" Light Industrial District property located along the northerly side of Water Street between East Eighth and East Ninth Streets). He reported that the Planning, Programming and Zoning Commission recommended approval of said amendments. Moved by Brown, seconded by Wright that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral comments, be received and placed on file. Motion carried. 93473 - Moved by Budak, seconded by Brown that "Resolution approving said amendments to Long Range Land Use Plan for the City of Waterloo", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-81. 93474 - Moved by Buck, seconded by Wright that proof of publication of notice of public hearing on request to vacate, sell and convey Arbor Street, as published in the Waterloo Courier on February 10, 1989, be received and placed on file. Motion carried. February 27, 1989 Page 2 Hearings - continued 93475 - 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 Planning, Programming and Zoning Commission, be received and placed on file. Motion carried. 93476 - Moved by Fox, seconded by Buck that "an Ordinance vacating Arbor Street and repealing Ordinance No. 3613", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 93477 - Moved by Wright, seconded by Buck that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 93478 - Moved by Buck, seconded by Budak 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. 93479 - Moved by Angel, seconded by Fox that "an Ordinance vacating Arbor Street and repealing Ordinance No. 3613", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3622. 93480 - Moved by Brown, seconded by Budak that "Resolution authorizing sale and conveyance of Arbor Street to Waterloo Lumber Company and Iowa Terminal and Warehouse, Inc. and repealing Resolution No. 1989-10", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-82. 93481 - Moved by Budak, seconded by Wright that proof of publication of notice of public hearing on request of Peoples Bank and Trust Company to vacate, sell and convey the east 50 feet of LaPorte Road right-of-way from East San Marnan Drive south 343 feet, as published in the Waterloo Courier on February 10, 1989, be received and placed on file. Motion carried. 93482 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. It was reported that the strip of right of way is being sold in conjunction with the City's new policy on sale of right of way. People's Bank and Trust has offered 85 cents per square foot for said property. Since this request was presented during the time the City was considering the policy change, the buyers were given up to one year to close on said property. This would be a one time situation since the sale came during the City's policy change. Moved by Brown, seconded by Dell that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral comments, be received and placed on file. Motion carried. February 27, 1989 Hearings - continued 93483 - Moved by Buck, seconded by Fox Page 3 that "an Ordinance vacating the east 50 feet of LaPorte Road right-of-way from East San Marnan Drive south 343 feet", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 93484 - Moved by Angel, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 93485 - Moved by Fox, seconded by Dell that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Seven. Motion carried. 93486 - Moved by Wright, seconded by Brown that "an Ordinance vacating the east 50 feet of LaPorte Road right-of-way from East San Marnan Drive south 343 feet", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3623. 93487 - Moved by Brown, seconded by Angel that "Resolution authorizing the sale and conveyance of the east 50 feet of LaPorte Road right-of-way from East San Marnan Drive south 343 feet to Peoples Bank and Trust Company, subject to closing and receipt of monies within one (1) year", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-83. 93488 - Moved by Budak, seconded by Wright that proof of publication of notice of public hearing on request of Virgil Plum dba Industrial Standard Tooling, Inc. to rezone from "C-2" Commercial District to "M-1" Light Industrial District property generally located along the northerly side of Water Street (unimproved street) between East Eighth and East Ninth Streets, as published in the Waterloo Courier on February 14, 1989, be received and placed on file. Motion carried. 93489 - 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 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. 9340 - Moiled by Fax, seconded by Dell that "an Ordinance amending Ordinance No. 2749, as amended, City Zoning Ordinance, by adding Subsection No. 244 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 93491 - Moved by Wright, seconded by Brown that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 93492 - 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. February 27, 1989 Page 4 Hearings - continued 93493 - Moved by Budak, seconded by Fox that "an Ordinance amending Ordinance No. 2749, as amended, City Zoning Ordinance, by adding Subsection No. 244 to Section 2A-5, Rezoning Certain Property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3624. PETITIONS FROM PUBLIC 93494 - Moved by Brown, seconded by Wright that communication from City Planner transmitting request of Woodland Pattern Company for a waiver to the building moratorium on Relocated 218 highway corridor, together with recommendation of approval of the Gateway Committee, be received, placed on file and "Resolution setting date of hearing as March 13, 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. 1989-84. 93495 - Moved by Brown, seconded by Wright that communication from City Planner transmitting request of National Cattle Congress to vacate Ansborough Avenue north of Rainbow Drive, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as March 13, 1989 at 7:00 p.m. in 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. 1989-85. DOCUMENTS 93496 - Moved by Fox, seconded by Brown that communication from Transportation Program Manager transmitting Preliminary Engineering Design Contract with Brice, Petrides -Donohue Company in conjunction with Ansborough-Cleveland Area Street Improvements, Contract No. 375, IX -218-7(108)--30-07, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-86. 93497 - Moved by Fox, seconded by Brown that communication from Planning and Development Director transmitting Engineering Agreement with Brice, Petrides -Donohue Company in conjunction with pedestrian crossing study at East Fourth Street and the Chicago, Central & Pacific Railroad, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-87. RESOLUTIONS TO BE ADOPTED 93498 - Moved by Buck, seconded by Wright that "Resolution establishing two ten (10) hour handicapped parking spaces adjacent to the side entrance of the US West building on the southeast side of East Third Street near Sycamore Street", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-88. February 27, 1989 Page 5 Resolutions to be Adopted - continued 93499 - Moved by Buck, seconded by Wright that "Resolution authorizing Clerk/Auditor to certify against property taxes certain unpaid weed mowing and lot clearing fees in conjunction with Operation Pride", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-89. 93500 - Moved by Buck, seconded by Wright that "Resolution directing and establishing the reorganization of the Public Works Division by making the Water Pollution Control Plant a part thereof", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-90. ORDINANCES TO BE ADOPTED 93501 - The Mayor announced that the first reading of the sidewalk inspection and repair ordinance was to be discussed. Rodger Scroggins, 125 Milwaukee Street, asked if financial assistance would be available to elderly and low-income persons. Larry P. Burger, Clerk/Auditor, stated that a state assistance program is available through the Black Fiawk County Treasurer's Office. Each year, qualifying persons must make application to the Treasurer's Office for said assistance. Bill Lemke, 149 Madison Street, asked for a uniform sidewalk program throughout the City. Moved by Brown, seconded by Fox 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 first time. Ayes: Seven. Motion carried. BILLS PAYMENT 93502 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-69, in the amount of $1,038,100.43, and Schedule W900, pp. 1-4, in the amount of $9,104.95, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Five. Abstain: Fox, Budak. Resolution adopted and upon approval by Mayor assigned No. 1989-91. Travel Requests 93503 - Moved by Buck, seconded by Angel that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Eric Thorson, City Engineer, to attend Iowa Engineering Societ., 100th Annual Convention in Des Moines, Iowa on March 16-18, 1989, with costs not to exceed $366.32. Motion carried. February 27, 1989 Page 6 MISCELLANEOUS 93504 - Moved by Buck, seconded by Angel 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: 1. Beer & Liquor License Permit Application Class C R.J.'s, 321 East 4th Street (Renewal) (Expires 3/2/90) Yen Ching, 109 Commercial (Renewal) (Expires 3/16/90) (Includes Sunday Sales) Motion carried. BONDS 93505 - Moved by Angel, seconded by Buck that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through February 27, 1989, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 93506 - The Mayor called for oral comments and there were none. Hugh Field, City Attorney, stated that the purpose of the Executive Session was to discuss labor strategy, a topic of Executive Session per Iowa Code, Chapter 20.16. Moved by Buck, seconded by Wright that the Council adjourn to Executive Session. Ayes: Seven. Motion carried. EXECUTIVE SESSION 93507 - Moved by Angel, seconded by Wright that the Council adjourn Executive Session. Ayes: Seven. Motion carried. 93508 - Moved by Buck, seconded by Angel that the Council adjourn. Motion carried. Larry P. Burger Clerk/Auditor