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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