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HomeMy WebLinkAbout03/07/1988March 7, 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 March 7, 1988. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Councilperson Buck. Pledge of Allegiance: Troop #116 --Dale Hartman, Jeff Anderson, Jerome Anderson, Jeff Hughes, Shaun Mart, Jacob Ersland, Travis Naber, Brad Heggebo. 91655 - Moved by Wright, seconded by Angel that the Agenda, as amended, for the Regular Session on March 7, 1988, at 7:00 p.m., be accepted and approved. Motion carried. 91656 - Moved by Wright, seconded by Angel that the Minutes of the Regular Session on February 22, 1988, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS 91657 - Moved by Brown, seconded by Buck that proof of publication of notice of public hearing on request of the Continental Baking Company to rezone from "R-2" One and Two Family Residence District to "C-2" Commercial District property generally located at northwest corner of the intersection of Dundee and University Avenues as published in the Waterloo Courier on February 19, 1988, be received and placed on file. Motion carried. 91658 - HOLD HEARING --This being the time and place for public hearing, the Mayor called for written and oral objections and there were none. Mooted by Budak, seconded by Wright that the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 91659 - Moved by Budak, seconded by Wright that "an ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 233 to Section 2A-7, Rezoning Certain Property", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. 91660 - Moved by Fox, seconded by Angel 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. March 7, 1988 Page 2 Hearings - continued 91661 - Moved by Angel, seconded by Fox that "an ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 233 to Section 2A-7, Rezoning Certain Property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3527. 91662 - Moved by Wright, seconded by Brown that proof of publication of notice of public hearing on request of James L. "Pat" Rooff to rezone from "U-1" Unclassified District to "M-1" Light Industrial District property generally located along the west side of Dunham Place, south of Water Street and north of the Cedar River dike as published in the Waterloo Courier on February 19, 1988, be received and placed on file. Motion carried. 91663 - 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 Wright, seconded by Angel that the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 91664 - Moved by Buck, seconded by Wright that "an ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 234 to Section 2A-7, Rezoning Certain Property", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. 91665 - Moved by Wright, 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. 91666 - Moved by Fox, seconded by Wright that "an ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 234 to Section 2A-7, Rezoning Certain Property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3528. ORAL PRESENTATIONS 91667 - Ernie Boykin, 530 Hope Avenue, approached the Mayor regarding the inconvenience that the Chicago Central Railroad is causing on blocking East Fourth Street for extended periods of time. Boykin stated that she is concerned about the traffic problem but also about the problems of students' inability to cross the tracks on their way to and from school. Boykin stated that the other morning the train had blocked the tracks for 22 1/2 minutes. City Attorney Hugh Field stated that there is presently no ordinance in the City controlling the crossing at the Fourth Street Chicago Central intersection. He continued that he understood that it was a problem and that the City would approach the Chicago Central Railroad to try to work through any solution that would be possible. Councilperson Dell stated that he is aware that that Chicago Central crossing is a problem, and he is also very concerned the children crossing the tracks and the inability for the children to walk to Logan Avenue to cross under the underpass. March 7, 1988 Page 3 Oral Presentations - continued Police Chief Roger Shook stated that he would be in contact with the Chicago Central Railroad to see if there could be a solution worked out to the crossing problem. Moved by Wright, seconded by Brown to receive and file the above comments. Motion carried. PETITIONS FROM PUBLIC 91668 - Moved by Brown, seconded by Dell that communication from City Planner transmitting the request of Waterloo Courier to vacate, sell and convey certain alleys in block bounded by West Park Avenue, Cedar Street and West Fourth Street, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as March 14, 1988 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 assigned No. 1988-85. REPORTS 91669 - Moved by Budak, seconded by Wright that communication from Clerk/Auditor transmitting the Actuarial Valuation Report for the Police and Fire Retirement Systems for the year ending June 30, 1987 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-86. DOCUMENTS 91670 - Moved by Angel, seconded by Fox that communication from Transportation Program Manager transmitting utility agreement with Waterloo Water Works for Independence Avenue, IX -6600(2)--79-07, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-87. 91671 - Moved by Angel, seconded by Fox that communication from Assistant City Engineer transmitting Engineering Services Contract with Wayne Claassen Engineering & Surveying, Inc. for F.Y. 1989 Commercial, Jefferson, West Seventh Streets Reconstruction, Contract No. 350, together with recommendation of approval, 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. 1988-88. 91672 - Moved by Angel, seconded by Fox that communication from Assistant City Engineer transmitting Iowa Department of Transportation Application for Use of Highway Right -of -Way Utilities Accommodation for 552 West Wellington Street, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-89. March 7, 1988 Page 4 ORDINANCES TO BE ADOPTED 91673 - Moved by Buck, seconded by Angel that "an ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection (g) Legal Age, of Section 4-12, Definitions, of Chapter 4, Alcoholic Beverages; and enacting in lieu thereof a new Subsection (g) Legal Age, of Section 4-12, Definitions, of Chapter 4, Alcoholic Beverages", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. 91674 - Moved by Buck, 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. 91675 - Moved by Buck, seconded by Wright that "an ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection (g) Legal Age, of Section 4-12, Definitions, of Chapter 4, Alcoholic Beverages; and enacting in lieu thereof a new Subsection (g) Legal Age, of Section 4-12, Definitions, of Chapter 4, Alcoholic Beverages", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3529. 91676 - Moved by Brown, seconded by Angel that "an ordinance amending the Traffic Code of the City of Waterloo, Iowa, by adding Section 491, Safety Belts and Safety Harnesses --Use Required, and Section 492, Child Restraint Devices", be received, placed on file, passed and consider for the first time. Ayes: Seven. Motion carried. 91677 - Moved by Fox, seconded by Buck 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. 91678 - Moved by Fox, seconded by Angel that "an ordinance amending the Traffic Code of the City of Waterloo, Iowa, by adding Section 491, Safety Belts and Safety Harnesses --Use Required, and Section 492, Child Restraint Devices", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3530. 91679 - Moved by Dell, seconded by Brown that "an ordinance amending the 1988 Traffic Code by adding Subsection (21a) Black Hawk Road and Fletcher Avenue, to Section 540, Obedience to Official Traffic Control Devices", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. March 7, 1988 Page 5 Ordinances to be Adopted - continued 91680 - Moved by Buck, seconded by Angel 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 for the second and third times and now placed on its final adoption. Ayes: Seven. Motion carried. 91681 - Moved by Brown, seconded by Fox that "an ordinance amending the 1988 Traffic Code by adding Subsection (21a) Black Hawk Road and Fletcher Avenue, to Section 540, Obedience to Official Traffic -Control Devices", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3531. BILLS PAYMENT 91682 - Moved by Angel, seconded by Buck that "Resolution approving Schedule A918, pp. 1-56, in the amount of $461,554.61, and Schedule W900, in the amount of $4,616.82, 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. 1988-90. NEW BUSINESS 91683 - Moved by Buck, seconded by Angel that communication from Mayor Bernard L. McKinley transmitting the reappointment of Venella L. Byrd to the Community Development Board for another five year term, with term expiration of March 1, 1993, be received, placed on file and approved. Motion carried. 91684 - Moved by Buck, seconded by Angel that communication from Mayor Bernard L. McKinley transmitting the appointment of Bernie Moine to the Board of Adjustment effective immediately, with term expiration of December 8, 1994, be received, placed on file and approved. Motion carried. 91685 - Moved by Buck, seconded by Angel that communication from City Planner transmitting the appointment of Tim Mrozek to the position of Associate Engineer in the Transportation Department, be received, placed on file and approved. Motion carried. 91686 - Moved by Buck, seconded by Angel that communication from Clerk/Auditor transmitting recommendation to set date of hearing as Tuesday, March 15, 1988, at 7:00 p.m., in the City Hall Council Chambers on the proposed FY 1989 Budget for the City of Waterloo be received, placed on file and "Resolution setting date of hearing as March 15, 1988", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-91. March 7, 1988 Page 6 New Business - continued 91687 - Moved by Buck, seconded by Angel that "Resolution authorizing the levy of assessments in conjunction with the F.Y. 1988 Oiling Program, Contract No. 327", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-92. 91688 - Moved by Buck, seconded by Angel that communication from Mayor Bernard L. McKinley transmitting the appointment of Bill Lemke to the MET Transit Authority effective immediately, with term expiration of July 1, 1991, be received, placed on file and approved. Motion carried. 91689 - Moved by Buck, seconded by Angel that communication from City Planner transmitting request of John Deere Community Credit Union to temporarily place signs on City right-of-way along University Avenue near the intersections of Ansborough Avenue and Fletcher Avenue, and along Fletcher Avenue near Highway 63 in conjunction with Ansborough Avenue Reconstruction, IX -6615(6)--79-07, be received, placed on file and "Resolution approving said temporary signs", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-93. 91690 - Moved by Buck, seconded by Angel that communication from City Planner transmitting request for authorization to initiate implementation of Phase I for intersection of Iowa 21 and Orange Road to improve hazardous traffic conditions, be received, placed on file and "Resolution approving implementation of Phase I", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-94. 91691 - Moved by Buck, seconded by Angel that "Resolution resetting date of hearing as Thursday, March 17, 1988, at 4:00 p.m., in City Hall Council Chambers on request of Willard R. and Norma J. Frost, Mildred Frost, Wayne and Aniceta Claassen to rezone from "A-1" Agricultural District to "M -2,P" Planned Industrial District approximately 166 acres generally located along the south side of Newell Street and the west side of North Elk Run Road and reapprove site plan", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-95. Travel Request 91692 - Moved by Brown, seconded by Buck that the following travel request with expenses not to exceed amount shown, be received, placed on file and approved: 1. John P. Kehoe, Chief Electrical Inspector, to attend 50th Anniversary Educational and Business Meeting of the Iowa Chapter of the International Association of Electrical Inspectors on March 24-25, 1988 in Cedar Rapids, Iowa, with costs not to exceed $126.50, including the use of City vehicle. Motion carried. March 7, 1988 Page 7 MISCELLANEOUS 91693 - Moved by Brown, 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 the following application for License for Distress Sale be received, placed on file and approved: 1. Beer License Permit Application Class B Long John Silver's, 2775 Crossroads Boulevard (Renewal) (Expires 3/22/89) (Includes Sunday Sales) 2. Beer License Permit Application Class C Petro -N -Provisions, 1807 La Porte Road (Renewal) (Expires 4/9/89) (Includes Sunday Sales) 3. Beer and Wine License Permit Application Class E Pester Derby #1097, 509 North Broadway (Renewal) (Expires 3/31/89) (Includes Sunday Sales) Pester Derby #1038, 1415 Logan Avenue (Renewal) (Expires 3/31/89) (includes Sunday Sales) Midtown Foods Corporation, 710 Broadway (Renewal) (Expires 3/16/89) (Includes Sunday Sales) 4. Liquor License Permit Application Class A Knights of Pythias Furgerson Lodge #5, 224 Ash Street (Renewal) (Expires 3/9/89) (Includes Sunday Sales) 5. Beer and Liquor License Permit Application Class C Park Road Inn, 306 Park Road (Renewal) (Expires 3/14/89) Yen Ching, 109 Commercial Street (Renewal) (Expires 3/16/89) (Includes Sunday Sales), subject to compliance with Ordinance No. 3494. Waterloo Bowl -In, 120 Jefferson (Renewal) (Expires 3/29/89) (Includes Sunday Sales) The Waterloo Club, 10 West Fourth Street (New Owner) (Expires 3/9/89) (Includes Sunday Sales) Application for License for Distress Sale Nancy's Apparel Co. dba The Ladies Quarter, 722 Water Street Motion carried. BONDS 91694 - Moved by Angel, seconded by Fox that the report of City Attorney and list of bonds filed with Clerk//Auditor through March 7, 1988, be received, placed on file and report and bonds approved. Motion carried. ADJOURNMENT 91695 - Moved by Brown, seconded by Dell that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor