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HomeMy WebLinkAbout08/08/1988August 8, 1988 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 August 8, 1988. Mayor Pro Tem Sammie Dell in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak. Absent: Brown. Invocation by: Councilperson Fox. Pledge of Allegiance: Den 3, Pack 9 --Victor Barber, Tim Eggleston and Josh Haley. 92560 - Moved by Wright, seconded by Buck that the Agenda, as proposed, for the Regular Session on August 8, 1988 at 7:00 p.m., be accepted and approved. Motion carried. 92561 - Moved by Wright, seconded by Buck that the Minutes of the Regular Session on August 1, 1988 at 7:00 accepted and approved. Motion carried. HEARINGS 92562 - Moved by Angel, seconded by Fox p.m., be that proof of publication of notice of public hearing on request of Rosteck Jewelry for a site plan amendment for property located at 1137 Dundee Avenue as published in the Waterloo Courier on July 22, 1988, be received and placed on file. Motion carried. 92563 - 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 Budak, seconded by Angel that the recommendation of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 92564 - Moved by Buck, seconded by Wright that "Resolution approving minor site plan amendment request of Rosteck Jewelry for property located at 1137 Dundee Avenue, subject to conditions", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-445. 92565 - Moved by Buck, seconded by Wright that proof of publication of notice of public hearing on request of Floyd and Grace Thompson to vacate, sell and convey the east -west alley to the west of Bishop Avenue, 160 feet south of Independence Avenue as published in the Waterloo Courier on July 22, 1988, be received and placed on file. Motion carried. 92566 - 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 Angel that the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 92567 - Moved by Fox, seconded by Budak that "an ordinance vacating the east -west alley to the west of Bishop Avenue, 160 feet south of Independence Avenue", be received, placed on file, passed and considered for the first time. Ayes: Six. Absent: Brown. Motion carried. 92568 - Moved by Angel, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Brown. Motion carried. August 8, 1988 Page 2 Hearings - continued 92569 - 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: Six. Absent: Brown. Motion carried. 92570 - Moved by Buck, seconded by Wright that "an Ordinance vacating the east -west alley to the west of Bishop Avenue, 160 feet south of Independence Avenue", be adopted. Ayes: Six. Absent: Brown. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3571. 92571 - Moved by Buck, seconded by Wright that "Resolution authorizing sale and conveyance of the east -west alley to the west of Bishop Avenue, 160 feet south of Independence Avenue to Floyd and Grace Thompson", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-446. 92572 - Moved by Angel, seconded by Wright that proof of publication of notice of public hearing on request of Northland Products Co. to vacate, sell and convey a portion of Fairbanks Drive as published in the Waterloo Courier on July 29, 1988, be received and placed on file. Motion carried. 92573 - 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 recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 92574 - Moved by Wright, seconded by Angel that "an ordinance vacating a portion of Fairbanks Drive", be received, placed on file, passed and consider for the first time. Ayes: Six. Absent: Brown. Motion carried. 92575 - Moved by Fox, seconded by Angel that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Brown. Motion carried. 92576 - Moved by Buck, seconded by Fox 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: Six. Absent: Brown. Motion carried. 92577 - Moved by Budak, seconded by Wright that "an ordinance vacating a portion of Fairbanks Drive", be adopted. Ayes: Six. Absent: Brown. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3572. 92578 - Moved by Buck, seconded by Wright that "Resolution authorizing sale and conveyance of a portion of Fairbanks Drive to Northland Products Co., Inc.", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-447. August 8, 1988 Hearings - continued 92579 - Moved by Buck, seconded by Angel Page 3 that "Resolution authorizing sale and conveyance of city -owned property lying adjacent to Fairbanks Drive and Northland Products Co., Inc. to Northland Products Co., Inc.", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-448. PETITIONS FROM PUBLIC 92580 - Moved by Buck, seconded by Fox that communication from Transportation Program Manager transmitting signing request of Statesman Bank to temporarily place signs on City right-of-way located at West Fourth Street and Russell Road; Russell Road and Ridgeway Avenue; and Russell Road and Dixon Drive in conjunction with Ansborough Avenue, IX -6615(6)--79-07, together with recommendation of approval of City staff, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-449. 92581 - Councilperson Angel asked that in the future the Council be informed of the truck routes that are being requested in conjunction with the many construction projects in the City. She has had many calls concerning truck traffic on residential streets. Eric Thorson, City Engineer, stated that only the Council can grant a variance to an embargoed street. Staff recommendations are based on such things as proximity to the project site, length of time the truck traffic will use the street, and many others. Moved by Buck, seconded by Fox that communication from Assistant City Engineer transmitting request of Aspro, Inc. for a variance to the truck embargo on Ridgeway Avenue from Hammond Avenue to E. San Marnan Drive; Ansborough Avenue from Meadow Lane to E. San Marnan Drive; Beech Street from Newell Street to Sumner Street; South Hackett Road from Westbourne Road to Rainbow Drive; and Rainbow Drive from Lobdell Road to Faber Road in conjunction with F.Y. 1988 Street Reconstruction Program 2, Contract No. 339, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-450. 92582 - Moved by Buck, seconded by Fox that communication from Assistant City Engineer transmitting signing request of Crossroads Shopping Center to temporarily place signs on City right-of-way located at Penneys Street and East San Marnan Drive, and at Bopp Street and La Porte Road in conjunction with F.Y. 1988 Street Reconstruction Program 2, Contract No. 339, together with recommendation of approval of City staff, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-451. DOCUMENTS 92583 - Bob Stevenson, City Planner, explained that the Change Order reflects three additional items, with the largest portion of the request relating to the removal and replacement of the existing lanes (northbound) of Ansborough Avenue from south of Home Park to south of Black Hawk Road. Under advisement of both Federal and Iowa DOT personnel, it was decided that this pavement section has deteriorated to the point that the City should consider replacement and receive 85 percent Federal funding for it. The City's share of this Change Order is approximately $24,295.05. August 8, 1988 Page 4 Documents - continued Moved by Buck, seconded by Angel that communication from Transportation Program Manager transmitting Change or Extra Work Order No. 9-B in the amount of $161,967.03 for work to be performed by Allied Construction Co., Inc. in conjunction with Ansborough Avenue, IX -6615(6)--79-07, together with recommendation of approval of Transportation staff, be received, placed on file and Mayor authorized to execute same. Motion carried. 92584 - Moved by Buck, seconded by Angel that communication from Public Works Director transmitting Memorandum of Agreement for the joint purchase of roadway de-icing salt between City of Waterloo and City of Cedar Falls, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-452. 92585 - Shirley Koslowski, 816 Archer Avenue, commented that several years ago the Citizens Budget Review Committee recommended that an alternative to salt be investigated. She asked for a status report of this recommendation. Moved by Buck, seconded by Angel that communication from Public Works Director transmitting recommendation on bids received for roadway de-icing salt and recommendation of approval of the Finance Committee, be received, placed on file and "Resolution awarding the bid to Morton Salt of Chicago, Illinois", be adopted and Mayor Pro Tem and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-453. 92586 - Moved by Buck, seconded by Angel that communication from City Planner transmitting the Final Plat of Angelow's Addition, together with Engineer's Certificate of Survey, Deed of Dedication, Report of the City Engineer, and recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said Final Plat", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-454. 92587 - Moved by Buck, seconded by Angel that communication from Substitution Program Manager transmitting Agreement No. 88-F-042 with the Iowa Department of Transportation in conjunction with Shaulis Road, M-6470(4)--81-07, together with recommendation of approval of the City staff, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-455. RESOLUTIONS TO BE ADOPTED 92588 - Kathy Oberle, 710 Forest Avenue, asked for the intended purpose of the Sewer Revenue Bonds. Bruce Meisinger, Budget Analyst, reported the following uses for the bonds: $1,185,000 for the sanitary sewer interceptor; $115,000 for partial financing of the northeast industrial area sanitary sewer extension; $1,000,000 for the initial phase of expansion of the treatment plant facilities at the Water Pollution Control Plant; and $425,000 for costs related to the issuance. August 8, 1988 Resolutions to be adopted - continued Page 5 Moved by Fox, seconded by Buck that "Resolution fixing date of hearing as August 22, 1988, at 7:00 p.m. at City Hall Council Chambers, on the proposition to issue $3,425,000.00 in Sewer Revenue Bonds", be adopted and Clerk/Auditor authorized to publish notice of hearing accordingly. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-456. 92589 - Moved by Fox, seconded by Buck that "Resolution naming Statesman Bank as an additional depository for the City of Waterloo", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-457. 92590 - Moved by Fox, seconded by Buck that "Resolution accepting and approving acquisition real property to the City and accepting and approving Wellington in conjunction with Sixth Street IX -6604(2)--79-07", be adopted. Ayes: Six. Absent: contract payment to sell certain deed for 630-632 Reconstruction Project, Brown. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-458. 92591 - Moved by Fox, seconded by Buck that "Resolution accepting and approving contract payments to sell real property to the City and accepting and approving certain deeds for 1115 Ansborough Avenue, 1019 Ansborough Avenue, 821 Hartman, 629 Ansborough Avenue and 635 Ansborough Avenue in conjunction with Ansborough Avenue Reconstruction Project, IX -6615(5)--79-07", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-459. ORDINANCE TO BE ADOPTED 92592 - Moved by Buck, seconded by Fox that "an ordinance amending the 1988 Traffic Code by adding Section 360, Persons Authorized to Issue Tickets at Airport", be received, placed on file, passed and considered for the first time. Ayes: Six. Absent: Brown. Motion carried. 92593 - Moved by Buck, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Brown. Motion carried. 92594 - Moved by Fox, seconded by Angel 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: Six. Absent: Brown. Motion carried. 92595 - Moved by Fox, seconded by Buck that "an ordinance amending the 1988 Traffic Code by adding Section 360, Person Authorized to Issue Tickets at Airport", be adopted. Ayes: Six. Absent: Brown. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4573. August 8, 1988 Page 6 BILLS PAYMENT 92596 - Moved by Angel, seconded by Buck that "Resolution approving Schedule A918, pp. 1-53, in the amount of $1,379,641.62, and Schedule W900, pp. 1-4, in the amount of $32,330.27, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Absent: Brown. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1988-460. Travel Requests 92597 - Moved by Buck, seconded by Budak that the following travel requests with expenses not to exceed amount shown, be received, placed on file and approved: 1. Molly Frazer, Assistant City Attorney, to attend NIMLO Annual Conference on October 30 - November 2, 1988 in Charleston, South Carolina, with costs not to exceed $1,274.00. 2. Steve Nemmers, Investigator, to attend Child Abuse/Sexual Exploitation Seminar on August 22 - 26, 1988 in Twin Cities, Minnesota, with costs not to exceed $125.00, including the use of City vehicle. Motion carried. MISCELLANEOUS 92598 - Moved by Angel, seconded by Buck 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 and application for temporary beer garden/outdoor cafe and cigarette license application, be received, placed on file and approved: 1. Beer License Permit Application Class B Waterloo Jaycees, Newton Square Park, 120 East 4th (14 days --August 27 - September 9, 1988) 2. Beer & Wine License Permit Application Special Class C Pizza Pub & Sandwich Co., 504 Riehl (Renewal) (Expires 8/13/89) (Includes Sunday Sales) 3. Liquor License Permit Application Class E Warehouse Market, 4026 Alexandria Drive (Renewal) (Expires 8/10/89) Application for Temporary Beer Garden/Outdoor Cafe Waterloo Jaycees, Newton Square Park, 120 East 4th Street (1 day --August 27, 1988) Cigarette License Applications One (1) Motion carried. BONDS 92599 - Moved by Angel, seconded by Wright that the report of City Attorney and list of bonds filed with the Clerk/Auditor through August 8, 1988, be received, placed on file and report and bonds be approved. Motion carried. August 8, 1988 Page 7 ORAL PRESENTATIONS 92600 - Kathy Oberle, 710 Forest Avenue, asked that citizens of our City be informed of the proposed uses for the local option sales tax. She asked that Town Meetings be held so that everyone could be informed. Shirley Zacharias, 305 Trail Avenue, Evansdale, asked for the Council's support in petitioning local theaters to not show the movie entitled "The Last Temptation of Christ". Shirley Koslowski, 816 Archer Avenue, stated that in speaking with many citizens of our community, it may be well for the Council to consider appointing the nine -member Quality of Life Commission as it relates to the local option sales tax so that a decision could be made on how the 15 percent appropriation would be expended prior to the election. L. C. Hennessey, 319 Belmont, congratulated Sammie Dell on a job well done in chairing tonight's meeting. Moved by Buck, seconded by Wright that the above comments be received and placed on file. Motion carried. ADJOURNMENT 92601 - Moved by Buck, seconded by Wright that the Council adjourn. Motion carried. Larry P. Burger Clerk/Auditor