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HomeMy WebLinkAbout05/02/1988May 2, 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 May 2, 1988. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Reverend George Howard Pledge of Allegiance: Troop 105 -Troy Sheeley, Marty Haugen, Shane McGovern, Mike Christians 92010 - Moved by Buck, seconded by Angel that the Agenda, as amended, for the Regular Session on May 2, 1988, at 7:00 p.m., be accepted and approved. Motion carried. 92011 - Moved by Buck, seconded by Angel that the Minutes of the Regular Session of April 25, 1988, at 7:00 p.m., be accepted and approved. Motion carried. 92012 - Mayor McKinley recognized Betty Fortune, of the Waterloo Parks Department, and Arthur F. Shannon, of the Sewer Department, for thirty years of service to the City of Waterloo. Mayor McKinley stated it took a certain quality in an individual to commit thirty years of service to a employer, and that these two individuals represented a high quality of employee. Mayor McKinley read a proclamation on behalf of the Black Hawk County YMCA proclaiming May 1 - May 8, 1988 as YMCA Week. HEARINGS 92013 - Moved by Angel, seconded by Wright that proof of publication of notice of public hearing on request of James R. Nelson, D.D.S.M.S., to vacate, sell and convey the north 30 feet of the San Marnan Drive frontage road right-of-way adjoining Lot 3, Southbrooke Addition, as published in the Waterloo Courier on April 22, 1988, be received and placed on file. Motion carried. 92014 - HOLD HEARING --This being the time and place for public hearing, the Mayor called for written and oral objections and there were none. Moved by Buck, seconded by Budak that the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 92015 - Moved by Brown, seconded by Angel that "an ordinance vacating the north 30 feet of the San Marnan Drive frontage road right-of-way adjoining Lot 3, Southbrooke Addition", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. 92016 - Moved by Fox, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended, and 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. 92017 - Moved by Buck, seconded by Wright that "an ordinance vacating the north 30 feet of the San Marnan Drive frontage road right-of-way adjoining Lot 3, Southbrooke Addition", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3549. May 2, 1988 Page 2 Hearings - continued 92018 - Moved by Angel, seconded by Fox that "Resolution authorizing sale and conveyance of the north 30 feet of the San Marnan Drive frontage road right-of-way adjoining Lot 3, Southbrooke Addition, to James R. Nelson, D.D.S.M.S.", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-195. 92019 - Moved by Wright, seconded by Fox that proof of publication of notice of public hearing on request of Lockard Development, Inc. to rezone from "R-3" Multiple Family Residential District to "C-2" Commercial District property generally located on the west side of East 10th Street, 120 feet south of Franklin Street as published in the Waterloo Courier on April 22, 1988, be received and placed on file. Motion carried. 92020 - HOLD HEARING --This being the time and place for public hearing, the Mayor called for written and oral objections and there were none. Moved by Wright, seconded by Brown that the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 92021 - Moved by Dell, seconded by Wright that "an ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 236 to Section 2A-7, Rezoning Certain Property", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. 92022 - Moved by Budak, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended, and 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. 92023 Moved by Wright, seconded by Brown that "an ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 236 to Section 2A-7, Rezoning Certain Property", be received, placed on file, passed and considered for the first time. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3550. PETITION FROM PUBLIC 92024 - Moved by Brown, seconded by Fox that communication from City Engineer transmitting request of the "My Waterloo Days" Committee to use the borrow lake south of Waterloo Greyhound Park for their Fishing Day event, together with recommendation of approval of City Planner, Park Director and City Engineer, be received, placed on file and approved. Motion carried. DOCUMENTS 92025 - Moved by Fox, seconded by Budak that communication from Planning and Development Director transmitting 28E Agreement with Black Hawk County for construction of the relocated entrance road at George Wyth State Park in conjunction with the development of the Chain of Lakes, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Prior to the vote, Councilperson Brown, Chairperson of the Public Works Committee, announced that the Committee had recommended approval of this agreement. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-196. 'May 2, 1988 Page 3 Documents - continued 92026 - Moved by Fox, seconded by Budak that communication from Transportation Program Manager transmitting Utility Agreement with Waterloo Cablevision for Cleveland Street, IX -6627(3)--79-07, together with recommendation of approval, 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. 1988-197. 92027 - Moved by Fox, seconded by Budak that communication from City Engineer transmitting Engineering Services Contract with Schenk Engineering Company in conjunction with F.Y. 1989 Black Hawk Road Improvements, Contract No. 353, 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. 1988-198. 92028 - Moved by Fox, seconded by Budak that communication from Clerk/Auditor transmitting proposed increase in the bond coverage from $60,000 to $200,000 on behalf of Heritage National Health Plan be received, placed on file and approved. Motion carried. RESOLUTIONS TO BE ADOPTED 92029 - Moved by Angel, seconded by Brown that "Resolution authorizing and directing the Clerk/Auditor to destroy certain records and papers as provided in Section 372.13, Paragraph 5, 1987 Code of Iowa", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-199. 92030 - Moved by Angel, seconded by Brown that "Resolution authorizing acquisition contract payments and accepting of deeds for real property for Parcel Nos. 4, 6, 9, 10 and 13 in conjunction with Ansborough Avenue North Reconstruction, IX -6615(5)--79-07", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-200. 92031 - Moved by Angel, seconded by Brown that "Resolution setting date of hearing as May 23, 1988 at 7:00 p.m. in the City Hall Council Chambers on submission of application to HUD for 100 units of Section 8 Moderate Rehabilitation Housing Program", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-201. ORDINANCES TO BE ADOPTED 92032 - Moved by Brown, seconded by Budak that "an ordinance granting unto Iowa Public Service Company, its successors and assigns, the right, franchise, and authority to erect, maintain and operate gas plants, transmission, and distribution systems and to furnish gas service for public and private use within the City of Waterloo, Iowa (herein "The City") for a term of twenty (20) years, and to establish the conditions required and manner of use of streets and public grounds of the City in which said gas works may be located, and to provide for notice of damaged pipelines, and to confer the power of condemnation of private property, and providing for the repeal of Ordinance No. 2299", be received, placed on file, passed and considered for the first time. May 2, 1988 Page 4 Ordinances to be Adopted - continued Prior to a vote, Tom Watt, representative of IPS, read a letter from the President of IPS stating the strong lines that IPS had with the City of Waterloo. Watt stated that he would also like to compliment the Mayor's Municipal Power Study Committee reviewing the IPS franchise and a special thanks to the Committee members and Don Hoth, Chairperson. Ayes: Six. Abstain: Buck. Motion carried. 92033 - Moved by Dell, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended, and 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. Abstain: Buck. Motion carried. 92034 - Moved by Fox, seconded by Brown that "an ordinance granting unto Iowa Public Service Company, its successors and assigns, the right, franchise, and authority to erect, maintain and operate gas plants, transmission, and distribution systems and to furnish gas service for public and private use within the City of Waterloo, Iowa (herein "The City") for a term of twenty (20) years, and to establish the conditions required and manner of use of streets and public grounds of the City in which said gas works may be located, and to provide for notice of damaged pipelines, and to confer the power of condemnation of private property, and providing for the repeal of Ordinance No. 2299", be adopted. Ayes: Six. Abstain: Buck. Ordinance adopted and upon approval by the Mayor assigned No. 3551. 92035 - Moved by Angel, seconded by Budak that "an ordinance granting unto Iowa Public Service Company, its successors and assigns, authority to erect, maintain and operate plants and systems for electric light, heat, and power and electric distribution systems in the City of Waterloo, Iowa (herein "The City") for a period of twenty (20) years and to furnish electrical energy to said city and its inhabitants for light, heat and power purposes, and including the right to construct high voltage electric transmission lines into and through said City, providing for the regulations and conditions under which the said right is to be exercised and to provide for the prevention of damage to property, and to provide for notice of damaged power lines, and to confer the power of condemnation, and providing for the repeal of Ordinance No. 2298", be received, placed on file, passed and considered for the first time. Ayes: Six. Abstain: Buck. Motion carried. 92036 - Moved by Budak, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended, and 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. Abstain: Buck. Motion carried. 92037 - Moved by Brown, seconded by Angel that "an ordinance granting unto Iowa Public Service Company, its successors and assigns, authority to erect, maintain and operate plants and systems for electric light, heat, and power and electric distribution systems in the City of Waterloo, Iowa (herein "The City") for a period of twenty (20) years and to furnish electrical energy to said city and its inhabitants for light, heat and power purposes, and including the right to construct high voltage electric transmission lines into and through said City, providing for the regulations and conditions under which the said right is to be exercised and to provide for the prevention of damage to property, and to provide for notice of damaged power lines, and to confer the power of condemnation, and providing for the repeal of Ordinance No. 2298", be adopted. Ayes: Six. Abstain: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3552. May 2, 1988 BILLS PAYMENT 92038 - Moved by Angel, seconded by Brown Page 5 that "Resolution approving Schedule A918, pp. 1-37, in the amount of $89,139.96, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-202. NEW BUSINESS 92039 - Moved by Dell, seconded by Fox that communication from City Engineer transmitting proposed schedule of assessments, plats and breakdown of project cost for the F.Y. 1989 Oiling Program, Contract No. 349, be received and placed on file. Motion carried. 92040 - Moved by Dell, seconded by Fox that "Resolution adopting preliminary plat and schedule of assessments for the F.Y. 1989 Oiling Program, Contract No. 349", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-203. 92041 - Moved by Dell, seconded by Fox that (proposed) Resolution of Necessity in conjunction with F.Y. 1989 Oiling Program, Contract No. 349, be received, placed on file and "Resolution setting date of hearing as May 23, 1988 at 7:00 p.m. in the City Hall Council Chambers on said oiling program", be adopted and Clerk/Auditor instructed to prepare notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-204. 92042 - Moved by Dell, seconded by Fox that communication from Mayor Bernard L. McKinley transmitting recommendation of appointment of Jeffrey J. Cannon to the Metropolitan Transit Authority Board of Directors effective immediately with an expiration date of July 1, 1990, be received, placed on file and approved. Motion carried. 92043 - Moved by Dell, seconded by Fox that communication from Mayor Bernard L. McKinley transmitting recommendation of appointment of James Thielen to the Police and Fire Pension Board effective immediately with expiration date of first Monday in April of 1991, be received, placed on file and approved. Motion carried. 92044 - Moved by Dell, seconded by Fox that communication from Public Works Director transmitting recommendation of approval of appointment of Mack Culp to the position of Equipment Operator I - Operation Pride, be received, placed on file and approved. Motion carried. MISCELLANEOUS 92045 - Moved by Budak, seconded by Brown that the following application for Beer License, be received, placed on file, approved and endorsed application forwarded to the Iowa Beer and Liquor Control Department, and the following applications for Dance License, application for Roller Skating Rink, applications for Pawnbroker's and Secondhand Goods Dealer's License, applications for Taxicab License (Renewals), and Cigarette License application, be received, placed on file and approved: 1. Beer License Permit Class C Revco Discount Drug (Expires 5/31/89) Application Center #3007, 2068 Logan Avenue (Renewal) (Includes Sunday Sales May 2, 1988 Page 6 Miscellaneous - continued Application for Dance License Scotty's Thunderbird Tap, 715 Ansborough Avenue RJ's, 823 Franklin Street Electric Park Ballroom, Conger at Rainbow Application for Roller Skating Rink Skates Alive, 1102 Black Hawk Road Application for Pawnbroker's and Secondhand Goods Dealer's License Farris Pawn Shop, 184 West 18th Street Sycamore Pawn Shop, 1202 Sycamore Street Levi Bros. Jewelers LTD, 306 East 4th Street Duee's Pawn Shop, 2243 Independence Avenue A-1 Pawn, 2016 Black Hawk Street Taxicab License Application (Renewals) (Subject to verification of chauffeur's license) Yellow Cab Co-op Mike Denniston, 117 East llth, Waterloo Richard J. Schwartz, 358 Grand Boulevard, Evansdale Gordon Woods, 617 Rhey, Waterloo John Kuehl, 2014 Mulberry, Waterloo Stephen Tiernan, 115 Main Street, Cedar Falls Earnest Bennett, P.O. Box 1051, Waterloo Kip Grimson, 3134 E. Schrock Road, Waterloo Art Schwartz, 1425 Williston, Waterloo T.J. Patterson, 1109 Mulberry, Waterloo Dick Hoeppner, 1323 Wallgate, Waterloo Dave Baldwin, 1110 Ackermant, Waterloo Michael Arends, La Porte City Anthony Casella, 117 East llth, Waterloo Bob Petitt, 1425 E. Ridgeway, Waterloo Richard A. Schwartz, 358 Grand Boulevard, Evansdale Cigarette License Application One (1) Motion carried. BONDS 92046 - Moved by Wright, seconded by Dell that the report of City Attorney and list of bonds filed with Clerk/Auditor through May 2, 1988, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 92047 - Reverend George Howard, Pastor of Antioch Baptist Church, stated that he was extremely concerned about the problem that presently exist at the Chicago Central railroad crossing on East Fourth Street. Howard continued that this is a problem that has existed for a number of years and he really hoped that the Council would show support in that area of town in trying to eliminate this problem. Howard stated that he is concerned that there could potentially be an accident with a child trying to crawl through a train that is blocking the passage of pedestrians. Mayor McKinley stated that they had talked with the railroad, and that he was aware that it was a major switching yard for the Chicago Central Railroad. McKinley continued that his concern was not so much the traffic conjestion because of the alternative underpass on Logan Avenue, but his concern was the danger of children crossing the trains while they are standing still at the crossing. McKinley stated that they recently had a conference with Federal representatives to help resolve the problem. May 2, 1988 Oral Presentations - continued Page 7 Reverend Howard stated that not only is the crossing a problem, but the whole East Fourth Street area needs the attention of the Council for revitalization. Councilperson Buck stated that he also was concerned with the area and the crossing he uses several times a week. Councilperson Dell stated that the entire East Fourth Street area needs to be reworked and revitalized. Ernie Boykin, 530 Hope Avenue, stated that she also was concerned about the problems with the railroad crossing at East Fourth Street and also echoed the remarks of Reverend Howard regarding the redevelopment plan for that area. Boykin continued that the Council needed to find the funding for a underpass or whatever it took to alleviate the problem in the area. Boykin presented a petition signed by not only residents in the area but citizens who use the crossing on a regular basis to have the Council find ways of eliminating the problem. Mayor McKinley stated that a large number of houses that were being proposed to be rehabilitated by Peter Kwett, Des Moines Renovation Company, were located in the East Fourth Street area. McKinley continued that this was a very exciting project and to his knowledge the only project of its kind in the nation. Tom Hall stated that the railroad crossing has been a problem for a number of years, and that the residents needed to discontinue to put up with the inconvenience. Councilperson Wright stated that times are changing, and it is time for a change in that area to eliminate any problems. Reverend Howard stated that he also agreed with Councilperson Wright that changes needed to be made. Moved by Buck, seconded by Wright that the above comments be received and placed on file. Motion carried. ADJOURNMENT 92048 - Moved by Angel, seconded by Buck that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor