HomeMy WebLinkAbout02/06/1989February 6, 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 6, 1989. Mayor Pro Tem Robert J.
Brown in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown.
Invocation by: Councilperson Willie Mae Wright
93361 - Moved by Buck, seconded by Angel
that the Agenda, as amended, for the Regular Session on February 6, 1989 at
7:00 p.m. and the Minutes of the Regular Session on January 23, 1989 at 7:00
p.m., be accepted and approved. Motion carried.
ADJOURNED HEARING
93362 - Moved by Dell, seconded by Angel
to receive and file request of applicant to cancel the hearing on the request
of Iowa Securities Investment Corporation to rezone from "C-2" Commercial
District to "C -Z" Conditional Zoning property generally located at the
northeasterly corner of West Second Street and Jefferson Street (See CR 93198
of December 19, 1988). Motion carried.
HEARINGS
93363 - Moved by Angel, seconded by Wright
that proof of publication of notice of public hearing on request of Kenneth &
Myrtle Kurtenbach to rezone from "A-1" Agricultural District to "M -2,P" Planned
Industrial District property generally located north of Independence Avenue in
the 2700 block, as published in the Waterloo Courier on January 20, 1989, be
received and placed on file. Motion carried.
93364 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro
Tem called for written and oral objections and there were none.
Moved by Wright, seconded by Budak
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.
93365 - Moved by Fox, seconded by Wright
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance, by adding Subsection No. 242 to Section 2A-5, Rezoning Certain
Property", be received, placed on file, considered and passed for the first
time. Ayes: Seven. Motion carried.
93366 - 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.
93367 - Moved by Budak, 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.
93368 - Moved by Fox, seconded by Angel
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance, by adding Subsection No. 242 to Section 2A-5, Rezoning Certain
Property", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3617.
February 6, 1989
Page 2
Hearings - continued
93369 - Moved by Wright, seconded by Dell
that proof of publication of notice of public hearing on request of Marquart
Block Company to vacate, sell and convey Colorado Street between Eighmey and
Dewar Streets, as published in the Waterloo Courier on January 20, 1989, be
received and placed on file. Motion carried.
93370 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro
Tem 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.
93371 - Moved by Dell, seconded by Fox
that "an Ordinance vacating Colorado Street between Eighmey and Dewar Streets",
be received, placed on file, considered and passed for the first time. Ayes:
Seven. Motion carried.
93372 - Moved by Angel, seconded by Buck
that rules requiring ordinances to be considered and voted for passage at two
prior meetings, be suspended. Ayes: Seven. Motion carried.
93373 - Moved by Fox, 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.
93374 - Moved by Budak, seconded by Wright
that "an Ordinance vacating Colorado Street between Eighmey and Dewar Streets",
be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3618.
93375 - Moved by Dell, seconded by Angel
that "Resolution authorizing sale and conveyance of Colorado Street between
Eighmey and Dewar Streets to Marquart Block Company and Pauline M. Cross", be
adopted and City Attorney instructed to prepare and deliver a deed accordingly.
Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-33.
93376 - Moved by Angel, seconded by Budak
that proof of publication of notice of public hearing on the application of the
Waterloo Housing Authority to the U.S. Department of Housing and Urban
Development for an additional 50 (fifty) units under Section 8 Housing Voucher
Program, as published in the Waterloo Courier on January 18, 1989, be received
and placed on file. Motion carried.
93377 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro
Tem called for written and oral objections and there were none.
Moved by Fox, seconded by Dell
that the hearing be closed. Motion carried.
February 6, 1989 Page 3
Hearings - continued
93378 - Moved by Buck, seconded by Wright
that "Resolution approving said application submission", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-34.
93379 - Moved by Fox, seconded by Dell
that proof of publication of notice of public hearing on the re-establishment
of the Downtown Self -Supported Municipal Improvement District as published in
the Waterloo Courier on January 20, 1989, be received and placed on file.
Motion carried.
93380 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro
Tem called for written and oral objections and there were none.
Moved by Buck, seconded by Wright
that the hearing be closed and the report of the Planning, Programming and
Zoning Commission, be received and placed on file. Motion carried.
93381 - Moved by Budak, seconded by Fox
that "an Ordinance re-establishing the Self Supported Municipal Improvement
District", be received, placed on file, considered and passed for the first
time. Ayes: Seven. Motion carried.
UNFINISHED BUSINESS
93382 - Moved by Buck, seconded by Dell
that "Resolution approving the bid of Don Gardner Construction Company of
Waterloo, Iowa, in the amount of $297,235, and alternate bid for $41,495 if the
the Waterloo Recreation Commission is able to raise the required additional
funds within 30 days for the lecture hall/gallery addition of the Waterloo
Recreation & Arts Center", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-35.
PETITIONS FROM PUBLIC
93383 - Moved by Buck, seconded by Fox
that communication from City Planner transmitting request of Peoples Bank &
Trust Company to vacate, sell and convey the east 50 feet of La Porte Road
right-of-way from East San Marnan Drive south 343 feet, 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 the above described
request", be adopted and Clerk/Auditor instructed to publish notice of same.
Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-36.
93384 - Moved by Buck, seconded by Wright
that communication from City Planner transmitting amended site plan request of
the Alabar Plaza office complex on Alabar Avenue and Linbud Lane for additional
parking spaces, together with recommendation of approval of the Planning,
Programming and Zoning staff, be received, placed on file and "Resolution
approving said request", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-37.
February 6, 1989 Page 4
REPORTS
93385 - Moved by Fox, seconded by Angel
that communication from Clerk/Auditor transmitting the Actuarial Valuation
Report of the Police and Fire Retirement System for the year ending June 30,
1988, prepared by J. Robert Hopson, FSA, MAAA, Consulting Actuary, together
with recommendation of approval of the Police and Fire Pension Boards, be
received, placed on file and "Resolution approving said Actuarial Valuation
Report", be adopted. Ayes: Six. Abstain: Budak.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-38.
93386 - Councilperson Wright, Chairperson of the Building and Grounds Committee, stated
that the Building and Grounds Committee had recommended the relocation of the
Human Rights Commission to the former offices of the Park Department on the
second floor of City Hall. On a vote of two members in favor and one against,
it was the recommendation of the Committee that said move be authorized.
(Councilperson Wright voted against the motion.) Martha Ward, Chairperson of
the Human Rights Commission, 312 Alta Vista, reported that eight Commission
members are opposed to the move to City Hall and two had no problem with it.
Members of the Commission oppose the move because clients may be intimidated
coming to City Hall and maintaining confidentiality of those reporting
discrimination complaints would be difficult.
Jimmie Porter, Community Enabler, 527 Cottage Street, stated his opposition to
the proposed move. When the Commission was created, he reported that it was
created out of a situation of crisis due to police behavior. It was also
agreed that the Commission would never be located in City Hall. He noted that
the rental income that would be realized from the Northeast Regional Library
would be about $5,000, a very small amount in comparison with the City's total
budget. He also stated that a "temporary" move could end up being forever. He
suggested that there is sufficient space for both the Human Rights Commission
and Regional Library offices at the Public Library.
Councilperson Angel stated that she had talked to a number of low-income black
residents in the community, and that they felt that such a move would not deter
them from contacting the Commission.
Mayor Pro Tem Bob Brown indicated that such a move has been recommended by many
Citizens' Budget Review Committees.
Don Temeyer, Planning and Development Director, stated that an architect is
studying the feasibility of moving all City offices on the second floor of City
Hall into the former East Side Library. A possibility of moving the Human
Rights Commission to the renovated space is being studied.
Mayor Pro Tem Bob Brown stated that in a conversation with the Mayor, Mayor
McKinley reported that if it does not work out for the Human Rights Commission
to be located in City Hall, an alternate location will be found.
Moved by Budak, seconded by Fox
that the recommendation of the Building
Rights Commission offices be temporarily
former offices located on the second floor
file and approved. Ayes: Fox, Angel,
Wright. Motion carried.
DOCUMENTS
& Grounds Committee that the Human
relocated to the Park Commissions'
of City Hall, be received, placed on
Buck, Budak, Brown. Nays: Dell,
93387 - Moved by Buck, seconded by Fox
that communication from City Planner transmitting the request of C & S Car Co.,
Inc. for tax abatement for property located at 812 Washington Street, located
in the Washington Urban Revitalization District, together with recommendation
of approval of the Planning, Programming and Zoning staff, be received, placed
on file and "Resolution approving said tax abatement", be adopted and
Clerk/Auditor instructed to notify the County Assessor of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Temassigned No. 1989-39.
February 6, 1989 Page 5
Documents - continued
93388 - Moved by Buck, seconded by Fox
that communication from Transportation Program Manager transmitting
recommendation of approval of the low bid of John Zeien Excavating, in the
amount of $13,930.00, for Demolition Contract "A -89(D)" in conjunction with
Ansborough Avenue (North) project from University to Upton, IX -6615(5)--79-07,
be received, placed on file and "Resolution approving said contract", be
adopted and Mayor Pro Tem and Clerk/Auditor authorized to execute same. Ayes:
Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-40.
93389 - Moved by Buck, seconded by Fox
that "Resolution approving Amendment to Loan Agreement with Fahr Beverage, Inc.
and the National Bank of Waterloo in conjunction with Industrial Revenue Bond,
Series 1980", be adopted and Mayor Pro Tem and Clerk/Auditor authorized to
execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-41.
93390 - Moved by Buck, seconded by Fox
that communication from Transportation Program Manager transmitting Certificate
of Completion and Final Acceptance of Agreement Work for Ansborough Avenue
Bridge, IX -6615(4)--79-07, for work completed by WestMarc Cable Group, Inc., be
received, placed on file and "Resolution approving said document", be adopted
and Mayor Pro Tem authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-42.
93391 - Moved by Buck, seconded by Fox
that communication from Transportation Program Manager transmitting
Supplemental Agreement No. 1 with Brice, Petrides -Donohue Co. for final design
of Ridgeway Avenue Reconstruction, IX -6500(3)--79-07, be received, placed on
file and "Resolution approving said agreement", be adopted and Mayor Pro Tem
and Clerk/Auditor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-43.
93392 - Moved by Buck, seconded by Fox
that communication from Transportation Program Manger transmitting Supplemental
Agreement No. 1 with Brice, Petrides -Donohue Co. for final design in
conjunction with Ansborough/Hackett Bikeway Connection, IX -6615(8)--79-07, be
received, placed on file and "Resolution approving said agreement", be adopted
and Mayor Pro Tem and Clerk/Auditor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-44.
93393 - Moved by Buck, seconded by Fox
that communication from Transportation Program Manager transmitting Addendum to
Utility Agreement with Waterloo Water Works in conjunction with Ansborough
Avenue, IX -6615(7)--79-07, be received, placed on file and "Resolution
approving said agreement", be adopted and Mayor Pro Tem authorized to execute
same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-45.
93394 - Moved by Buck, seconded by Fox
that communication from Associate Engineer transmitting Completion of Project
and Recommendation of Acceptance for F.Y. 1989 Storm Sewer Improvements &
Repairs Program, Contract No. 354, for work completed by Rampart Corporation,
be received, placed on file and "Resolution approving said document", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-46.
February 6, 1989
Page 6
Documents - continued
93395 - Moved by Buck, seconded by Fox
that Maintenance Bond in conjunction with F.Y. 1989 Storm Sewer Improvements &
Repairs Program, Contract No. 354, from Rampart Corporation, be received and
placed on file. Motion carried.
RESOLUTIONS TO BE ADOPTED
93396 - Moved by Fox, seconded by Buck
that "Resolution authorizing certification to the County Auditor the City's
expenditures that qualify for reimbursement from the Tax Increment Fund", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-47.
93397 - Moved by Fox, seconded by Buck
that communication from City Planner transmitting request to vacate, sell and
convey Arbor Street, 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 the above described request", be adopted and Clerk/Auditor
instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-48.
93398 - Moved by Fox, seconded by Buck
that "Resolution establishing parking regulations in the Central Business
District", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-49.
93399 - Moved by Fox, seconded by Buck
that "Resolution by the City Council of the City of Waterloo, Iowa, as the
Waterloo Housing Authority, establishing the Administrative Plan and Admission
Policy for the Waterloo Section 8 Housing Programs, IA05-E050-001/9 and
IA05-V050-001/8", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-50.
93400 - Moved by Fox, seconded by Buck
that "Resolution by the City Council
Waterloo Housing Authority, approving
Comprehensive Improvement Assistance
Ridgeway Towers, IA -50-3", be adopted.
of the City of Waterloo, Iowa, as the
submission of an application to HUD for
Program Funds for modernization of
Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-51.
93401 - Moved by Fox, seconded by Buck
that "Resolution
Manufacturing for
south of existing
Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-52.
granting permanent and temporary easements for Chamberlain
construction and maintenance of proposed storm sewer located
C.C. & P. Railroad right-of-way in Gates Park", be adopted.
February 6, 1989
Page 7
ORDINANCE TO BE ADOPTED
93402 - Moved by Buck, seconded by Wright
that "an Ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa, by repealing Subsection 9-56, Insurance: Prerequisite to
License; Amount; Terms and Conditions, of Division 2, House Movers, of Chapter
9, Buildings; and by enacting in lieu thereof a new Subsection 9-56, Insurance,
of Division 2, House Movers, of Chapter 9, Buildings (House Movers Insurance)",
be received, placed on file, considered and passed for the first time. Ayes:
Seven. Motion carried.
93403 - Moved by Fox, seconded by Dell
that rules requiring ordinances to be considered and voted for passage at two
prior meetings, be suspended. Ayes: Seven. Motion carried.
93404 - Moved by Angel, 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:
Seven. Motion carried.
93405 - Moved by Buck, seconded by Fox
that "an Ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa, by repealing Subsection 9-56, Insurance: Prerequisite to
License; Amount; Terms and Conditions, of Division 2, House Movers, of Chapter
9, Buildings; and by enacting in lieu thereof a new Subsection 9-56, Insurance,
of Division 2, House Movers, of Chapter 9, Buildings (House Movers Insurance)",
be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3619.
BILLS PAYMENT
93406 - Moved by Angel, seconded by Wright
that "Resolution approving Schedule A918, pp. 1-57, in the amount of
$476,115.83, and Schedule W900, page 1, in the amount of $19,217.25, copies of
which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-53.
Travel Requests
93407 - Moved by Buck, seconded by Angel
that the following travel requests with expenses not to exceed amount shown, be
received, placed on file and approved:
1. Rick Westphal, Electrical Foreman, to attend NEMA Microprocessor
Controller Training Course in Ames, Iowa on February 7-9, 1989, with costs
not to exceed $250.00, including the use of City vehicle.
2. William Grimm, Fire Captain; Jim Oberle, Maintenance Supervisor; Darrell
Neidert, Recreation Maintenance II; Jack Loynachan, Operations Supervisor;
Anthony Baranowski, Plant Mechanic, to attend Asbestos School at John
Deere N.E. Site on February 14-16, 1989, with costs not to exceed $150.00
each, including the use of City vehicle.
3. Stan Stapella, Fire Chief, to attend Iowa Association of Professional
Chiefs Spring Conference in Ames, Iowa on February 21-23, 1989, with costs
not to exceed $200, including the use of City vehicle.
4. Donna Balk, Administrative Secretary, to attend Management Skills for
Secretaries Seminar in Cedar Rapids, Iowa on February 14, 1989, with costs
not to exceed $130.00.
Page 8
February 6, 1989
Travel Requests - continued
5. Carmen Shader, Animal Control Officer, and Sandie Greco, Administrative
Secretary, to attend How to Handle Angry and Emotional People Seminar in
Cedar Rapids, Iowa on February 17, 1989, with costs not to exceed $220.00,
including the use of City vehicle.
6. John Kehoe, Chief Electrical Inspector, to attend Iowa Chapter of
International Association of Electrical Inspector's 51st Annual Education
and Business meeting in Fort Dodge, Iowa, on March 16 and 17, 1989, with
costs not to exceed $222.48.
Motion carried.
MISCELLANEOUS
93408 - Moved by Buck, seconded by Angel
that the following applications for beer and liquor licenses, be received,
placed on file and approved applications forwarded to the Iowa Beer and Liquor
Control Department:
1. Beer & Wine License Permit Application
Class E
National Cigar Store/Sycamore Convenience, 617-619 Sycamore Street
(Renewal) (Expires 3/11/90) (Includes Sunday Sales)
S & S Meats, 930 West 5th Street (Renewal) (Expires 3/7/90) (Includes
Sunday Sales)
2. Beer & Liquor License Permit Application
Class C
The Corral, 1927 Jefferson Street (Renewal) (Expires 2/4/90) Includes
Sunday Sales)
3. Liquor License Permit Application
Class E
Osco Drug, 2060 Crossroads (Renewal) (Expires 2/28/90) Includes Sunday
Sales)
Osco Drug, 3727 University (Renewal) (Expires 2/28/90) Includes Sunday
Sales)
National Cigar Store/Sycamore Convenience, 617-619 Sycamore Street
(Renewal) (Expires 3/11/90) (Includes Sunday Sales)
Motion carried.
BONDS
93409 - Moved by Wright, seconded by Buck
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through February 6, 1989, be received, placed on file and bonds
approved. Motion carried.
ORAL PRESENTATIONS
92410 - Donna Schomburg, 217 Crestview Avenue, stated that she was dismayed at the
high tax rate in the City. As a former resident of the Washington, D.C. area,
she reported that the cost of living here is much more expensive than the East
Coast. In fact, she was counting the number of wi witdays
abefore money sshe ince uld be
leaving the area. She asked what the ty does that an audit be conducted of the
doesn't fix its streets. She suggested
City's expenditures.
Arthur Polk, 719 West Donald Street, stated that on West Donaldod Sn reetIt just
west of U.S. 63 there is a low spot in tstreet tocausinthe g pproblem would be
g.
suggested by City staff that the only solution
providing some type of drainage facilities in the area.
February 6, 1989
Page 9
Oral Presentations - continued
L. C. Hennessey, 319 Belmont Avenue, presented Mayor Pro Tem Bob Brown a
rocking chair in honor of his recent retirement from Geist Brown Geist.
Moved by Buck, seconded by Angel
that the above comments be received and placed on file. Motion carried.
ADJOURNMENT
93411 - Moved by Buck, seconded by Angel
that the Council adjourn. Motion carried.
Larry P. Burger
Clerk/Auditor