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HomeMy WebLinkAbout02/21/1989February 21, 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 21, 1989. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Mayor Bernard L. McKinley Pledge of Allegiance: Brownie Troop '.08 --Christian Bell, Jennifer Duven, Sarah Fergemann, Cassidy Heaton, Kelly Jackson, Elizabeth Locke, Anne Miller, Dawn Watt, Andrea Wood, Tara Zager. 93433 - Moved by Buck, seconded by Angel that the Agenda, as amended, for the Regular Session on February 21, 1989 at 7:00 p.m. and the Minutes of the Regular Session on February 13, 1989 at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS 93434 - Moved by Brown, seconded by Dell that proof of publication of notice of public hearing on request of Patricia Christy d/b/a River Valley Trucking to rezone from "A-1" Agricultural District to "M -2,P" Planned Industrial District property located on the south side of West Airline Highway approximately 1,450 east of Burton Avenue and known as 729 West Airline Highway, as published in the Waterloo Courier on February 3, 1989 be received and placed on file. Motion carried. 93435 - 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 the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commiss on, be received and placed on file. Motion carried. 93436 - Moved by Fox, seconded by Buck that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 243 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 93437 - Moved by Buck, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 93438 - 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: Seven. Motion carried. 93439 - Moved by Dell, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 243 to Section 2A-5, Rezoning Certain Property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3620. February 21, 1989 Page 2 PETITIONS FROM PUBLIC 93440 - Moved by Buck, seconded by Fox that communication from City Planner transmitting site plan request of Patricia L. Christy dba River Valley Trucking for property generally located on the south side of West Airline Highway approximately 1,450 feet east of Burton Avenue and known as 729 West Airline Highway for use of existing 50 feet by 150 feet machine shed to operate a small trucking business, subject to conditions, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-67. 93441 - Moved by Buck, seconded by Fox that communication from City Planner transmitting 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, 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 Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-68. REPORTS 93442 - Moved by Wright, seconded by Buck that communication from City Planner transmitting the preliminary Fiscal Year 1990-1994 General Obligation Bond List, together with recommendation of approval of the Public Works Committee and Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said Fiscal Year 1990-1994 General Obligation Bond List", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-69. 93443 - The Mayor announced that the time had arrived for discussion on the East Fourth Street Improvement Committee report. The Mayor stated that the committee has been successful in presenting their report, and that already many recommendations have been implemented. The items will be reviewed by the Council and referred to the appropriate committee. Ernie Boykin, Co -chairperson of the Committee, stated that the report was a culmination of various sub -committees, including the Beautification Ad Hoc Committee, Parks Ad Hoc Committee, Railroad Ad Hoc Committee, and the full Committee's recommendations. A success that the committee has experienced is opening communications and dialogue with the Chicago Central & Pacific Railroad. She also suggested that an ongoing committee be appointed to monitor the progress of the recommendations. She encouraged anyone who has not traveled East Fourth Street recently to do so and see the improved conditions that already exist. She thanked the Mayor and Council for the opportunity to work on this program. Councilperson Wright reiterated her appreciation to the committee and stated that this would be a great start for the Operation Pride Committee. Moved by Wright, seconded by Buck that communication from East Fourth Street Improvement Committee transmitting Mission Statement, accomplishments and recommendations, be received and placed on file. Motion carried. February 21, 1989 Page 3 DOCUMENTS 93444 - Moved by Buck, seconded by Angel that communication from Transportation Program Manager transmitting Engineering Services Contract with Wayne Claassen Engineering & Surveying, Inc. in conjunction with F.Y. 1989 Independence Avenue Area Storm Sewer Improvements Phase 2, Contract No. 373, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-70. 93445 - Dennis Gentz, Assistant City Engineer, stated that the increased change order was to blast and remove a large boulder, install extra strength pipe at two proposed railroad spur lines, and constructing a manhole as a drain tile/sanitary sewer conflict location and the assessment of liquidated damages. Moved by Buck, seconded by Angel that communication from Assistant City Engineer transmitting Change Order No. 1 for a net increase of $12,295.54 for work to be performed by Happel Excavating, Inc. in conjunction with F.Y. 1988 Northeast Area Sanitary Sewer Extension, Contract No. 344, be received, placed on file and Mayor authorized to execute same. Motion carried. 93446 - Moved by Buck, seconded by Angel that communication from City Planner transmitting amendments to Long Range Land Use Plan for the City of Waterloo, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as February 27, 1989, at 7:00 p.m. in the City Hall Council Chambers on above described amendments", be adopted and Deputy Clerk/Auditor instructed to publish notice accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-71. RESOLUTIONS TO BE ADOPTED 93447 - Moved by Fox, seconded by Angel that "Resolution approving voluntary annexation request of Wayne and Aniceta Claassen and the Nancy Shirey Trust of property located east of North Elk Run Road and south of Newell Street, together with recommendation of approval of the Planning, Programming and Zoning Commission", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-72. 93448 - Moved by Fox, seconded by Angel that "Resolution transferring from the General Fund the sum of $40,834.16 to the Special Assessment Bond Fund", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-73. 93449 - Moved by Fox, seconded by Angel that "Resolution transferring from the Special Assessment Bond Fund the sum of $18,508.10 to the General Fund", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-74. 93450 - Moved by Fox, seconded by Angel that "Resolution endorsing proposed recreational trails", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-75. February 21, 1989 Page 4 ORDINANCES TO BE ADOPTED 93451 - Moved by Brown, 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 received, placed on file, considered and passed for the third time. Ayes: Seven. Motion carried. 93452 - Moved by Angel, seconded by Fox that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection 14-59, Fees Established, and Subsection 14-62, Sunset Provision, of Article III, Fire Prevention Inspections, of Chapter 14, Fire Prevention and Protection; and enacting in lieu thereof a new Subsection 14-59, Fees, and Subsection 14-62, Sunset Provision, of Article III, Fire Prevention Inspections, of Chapter 14, Fire Prevention and Protection (Fire Department Inspection Fees)", be received, placed on file, passed and considered for the second time. Ayes: Seven. Motion carried. 93453 - Moved by Buck, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 93454 - Moved by Fox, seconded by Dell that the following ordinance be recorded as having been considered and passed for the third time and now placed on its final adoption. Ayes: Seven. Motion carried. 93455 - Moved by Budak, seconded by Buck that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection 14-59, Fees Established, and Subsection 14-62, Sunset Provision, of Article III, Fire Prevention Inspections, of Chapter 14, Fire Prevention and Protection; and enacting in lieu thereof a new Subsection 14-59, Fees, and Subsection 14-62, Sunset Provision, of Article III, Fire Prevention Inspections, of Chapter 14, Fire Prevention and Protection (Fire Department Inspection Fees)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3621. BILLS PAYMENT 93456 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-45, in the amount of— $171,440.29 and Schedule W900, pp. 1-5, in the amount of $9,020.96, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Abstain: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-76. NEW BUSINESS 93457 - Moved by Buck, seconded by Wright that communication from Clerk/Auditor transmitting recommendation to set date of hearing as Tuesday, March 7, 1989, at 7:00 p.m. in the City Hall Council Chambers on proposed FY 1990 Budget for the City of Waterloo, be received, placed on file and "Resolution setting date of hearing as March 7, 1989", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-77. February 21, 1989 Page 5 New Business - continued 93458 - Moved by Buck, seconded by Wright that communication from Community Development Administrator transmitting request to accept high bid of Bartow and Mary E. Campbell for property located at 321 Gable, together with recommendation of Community Development Board, be received, placed on file and "Resolution setting date of hearing as March 6, 1989 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Deputy City/Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-78. 93459 - Moved by Buck, seconded by Wright that communication from the Waterloo Water Works Board of Trustees transmitting recommendation to certify an amount of $1,000.00 against property located at 250 Prospect Avenue for replacement of street services, be received, placed on file and "Resolution approving certification of same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-79. 93460 - Moved by Buck, seconded by Wright that communication from the Waterloo Water Works Board of Trustees transmitting recommendation to certify an amount of $1,045.87 against property located at 520 Hope Street for replacement of street services, be received, placed on file and "Resolution approving certification of same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-80. 93461 - Moved by Buck, seconded by Wright that communication from Public Works Director transmitting recommendation of appointment of Susan Vaughn to the position of Operation Pride/Special Projects Coordinator in the Public Works Division effective March 8, 1989, be received and placed on file. Motion carried. Travel Requests 93462 - Moved by Wright, seconded by Dell that the following travel requests with expenses not to exceed amount shown, be received, placed on file and approved. 1. John Meyer, Public Works Director, to attend American Public Works Conference in Ames, Iowa, on March 9-10, 1989, with costs not to exceed $173.50, including the use of City vehicle. 2. John Meyer, Public Works Director, to attend Iowa Engineering Society 100th Annual Convention in Des Moines, Iowa on March 16-18, 1989, with costs not to exceed $334.55. Motion carried. MISCELLANEOUS 93463 - Moved by Buck, seconded by Brown 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 and Liquor License Permit Application Class C Clabby Catering, 1657 Falls Avenue (Renewal) (Expires 2/28/90) (Includes Sunday Sales) Holiday Inn Civic Center, West 4th & Commercial (Renewal) (Expires 2/28/90) (Includes Sunday Sales) February 21, 1989 Page 6 Miscellaneous - continued 2. Liquor License Permit Application Class E Siechs Varly Drug, 908 LaPorte Road (Renewal) (Expires 2/28/90) (Includes Sunday Sales) Motion carried. BONDS 93464 - Moved by Fox, seconded by Buck that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through February 21, 1989, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 93465 - Councilperson Buck commended the Mayors Citizens' Budget Review Committee on the thorough report presented earlier in the day. Re stated that the report contained good, creative recommendations and thanked the committee for an excellent job. Gene Geiger, 1659 Sycamore Street, relayed a problem that his son is experiencing with his business at the Sycamore Street address concerning the illegal dumping of tires. Since Black Hawk County Landfill charges for the disposition of tires, many are now dumping their tires at his son's location. As a result, the costs for removal of same has become expensive. Also, the Black Hawk County Health Department has begun citing them for the accumulation of tires as a health hazard. John Meyer, Public Works Director, stated that the Health Department is enforcing its regulations as they relate to litter. The Landfill has begun charging for disposition of tires since they no longer allow their disposal at the Landfill. Mr. Geiger also reported that he is aware that the City sold many of their used tires to a gentleman, but questioned this gentleman's method of disposal. John Meyer stated that he would review the situation and report to the Council. Ernie Boykin, Co -Chairperson of the East Fourth Street Improvement Committee, thanked staff members Bob Donels, Judy McVey, Don Temeyer and Rudy Jones for their assistance in the committee's activities. Ms. Boykin also reported an incident that happened on April 4, 1988 concerning a warning she had received from the Fire Department concerning open burning. She explained that she was burning yard trash in the street and was told this was a violation of City ordinance. Ms. Boykin stated that the City is inconsistent on its policy of releasing the names of complainants when complaints are filed. As a result, she has been accused by members of the public of reporting complaints when in fact she had not. She asked that the City consider addressing this situation so that the names of the complainant are not released. Steve Gladsby, Raymond, inquired about the situation concerning the investigation of the Police Department. Mayor McKinley stated that as a result of the testimony presented by Ken Stessman, an investigation of the Police Department by a special prosecutor has commenced. As situations arise that require investigation, the Police Department has on occasion reprimanded, suspended, etc., its employees when found to be necessary. Since the situation alluded to in the Stessman trial was beyond the scope of the Internal Affairs Department of the Police Department, it was the opinion that a special prosecutor be appointed, namely Dave Dutton and John Hines. City Attorney Hugh Field stated that it is the desire of the Police Department and the City to put this issue to rest and that a fair, full and complete investigation be conducted. Moved by Buck, seconded by Wright that the above comments be received and placed on file. Motion carried. February 21, 1989 Page 7 93466 - 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 Dell, seconded by Buck that the Council adjourn to Execution Session. Ayes: Seven. Motion carried. EXECUTIVE SESSION 93467 - Moved by Dell, seconded by Buck that the Council adjourn Executive Session. Ayes: Seven. Motion carried. 93468 - Moved by Dell, seconded by Buck that the City Attorney be instructed to proceed with negotiations and that the Council adjourn. Motion carried. Michelle Temeyer Deputy Clerk/Auditor