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HomeMy WebLinkAbout01/11/1988January 11, 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 January 11, 1988. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown Invocation by: Sammie Dell Pledge of Allegiance: Troop 1 --Jason Magee 91447 - Moved by Buck, seconded by Wright that the Agenda, as proposed, for the Regular Session on January 11, 1988, at 7:00 p.m., be accepted and approved. Motion carried. 91448 - Moved by Buck, seconded by Wright that the Minutes of the Regular Session held on January 4, 1988 at 7:00 p.m. and the Minutes of the Organizational Council Session held on January 4, 1988 at 11:00 a.m., be accepted and approved. Motion carried. HEARINGS 91449 - Moved by Angel, seconded by Fox that proof of publication of notice of public hearing on request of the Planning, Programming and Zoning Commission to rezone from "S-1" Shopping Center Commercial District to "R-2" One and Two Family Residence District and "R-3" Multiple Family Residence District properties generally located north of Reber Avenue, east and west of Fletcher Avenue as published in the Waterloo Courier on December 24, 1987 be received and placed on file. Motion carried. 91450 - 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 Budak that the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 91451 - Moved by Fox, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 230 to Section 2A-7, Rezoning Certain Property", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. 91452 - Moved by Brown, 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: Seven. Motion carried. January 11, 1988 Page 2 Hearings - continued 91453 - Moved by Wright, seconded by Angel that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 230 to Section 2A-7, Rezoning Certain Property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3520. 91454 - Moved by Dell, seconded by Wright that proof of publication of notice of public hearing on request of Fred Carlson Company, Inc. to rezone from "R-3", R -P" Planned Residence District to "C -Z" Conditional Zoning District property generally located at the southeast corner of the intersection of Huntington Road and South Hackett Road as published in the Waterloo Courier on December 24, 1987 be received and placed on file. Motion carried. 91455 - 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 Budak, seconded by Angel that the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 91456 - Moved by Budak, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 16 to 2A -7-N, Conditionally Rezoning Certain Property", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. 91457 - Moved by Angel, 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. 91458 - Moved by Fox, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 16 to 2A -7-N, Conditionally Rezoning Certain Property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3521. ORAL PRESENTATIONS 91459- L. C. Hennessey, 319 Belmont Avenue, questioned the Mayor on why IBP is not considering the former Rath Packing Company site. Hennessey continued that the Rath property would accommodate another Packing House with the water and sewer; plus, if IBP was looking for some tax incentives, they should consider using the site. Mayor McKinley stated that this site had been part of the discussion with the representatives from IBP, but the final decision for the location of IBP, if they are to locate in the City of Waterloo, would be their decision and not the City's. January 11, 1988 Oral Presentations - continued Moved by Brown, seconded by Angel to receive and file the above comments. Motion carried. DOCUMENTS Page 3 91460 - Moved by Brown, seconded by Wright that communication from Associate City Engineer transmitting Change Order No. 1 for a net decrease of $6,516.16 for work performed by Cardinal Construction Company, Inc. in conjunction with F.Y. 1988 East Fifth Street Parking Ramp Repairs, Phase IV, Contract No. 336, together with recommendation of approval, be received, placed on file and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 91461 - Moved by Brown, seconded by Wright that communication from Associate City Engineer transmitting Change Order No. 1 for a net increase of $952.32 for work performed by Youngblut Contracting, Inc. in conjunction with F.Y. 1986 Orange Road Bridge Replacement, BRM -6460(1)--8N-07, Contract No. 274, together with recommendation of approval, be received, placed on file and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 91462 - Moved by Brown, seconded by Wright that communication from Assistant City Engineer transmitting Change Order No. 2 for a net increase of $1,189.80, Change Order No. 3 for a net increase of $225.00 and Change Order No. 4 for a net increase of $275.00 for work completed by Rampart Corporation in conjunction with F.Y. 1988 Independence Avenue Sanitary and Storm Sewer Improvements, Contract No. 329, together with recommendation of approval, be received, placed on file and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 91463 - Councilperson Brown questioned Police Chief Shook regarding the Section of the 28E Agreement between the City and Black Hawk County for housing female prisoners in the Black Hawk County Jail on what would happen if the County refuses the female prisoners, who should bear the medical expenses for the prisoners located at the City and at the County and the difference between the ten day removal of female prisoners from the County Jail and the ninety days cancellation notice. Police Chief Shook stated that should the County refuse to accept female prisoners, they would then be housed in the City Jail and a female police officer would be called in off the street to accommodate the stay of the female prisoners. Shook continued that if the prisoners require medical attention while at the City, then the City would be responsible for that medical attention. Once the prisoners are transferred to the County, then the County is responsible for the medical attention to the female prisoners and the difference between the ten day removal period and the ninety day cancellation is that the ten day removal period of female prisoners would be a case for instance, if there were a fire in the County Jail and the prisoners would have to be relocated the ninety days is on a cancellation notice. Councilperson Dell stated that he was in favor of the 28E Agreement between the City of Waterloo and Black Hawk County but would also like to state that it is a priority of the Council to look for a solution instead of reducing staff in the Police Department. January 11, 1988 Page 4 Documents - continued Moved by Dell, seconded by Angel that communication from Police Chief transmitting 28E Agreement between the City of Waterloo and Black Hawk County for the housing at the Black Hawk County Jail of female prisoners arrested by the Waterloo Police Department, 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. 1988-5. 91464 - Moved by Brown, seconded by Wright that communication from Assistant City Engineer 2 for a net decrease of $1,800.00 for work conjunction with F.Y. 1988 Asphalt Overlay together with recommendation of approval, be transmitting Change Order No. performed by Aspro, Inc. in Program, Contract No. 338, received, placed on file and Mayor and Clerk/Auditor authorized to execute same. Motion carried. RESOLUTIONS TO BE ADOPTED 91465 - Councilperson Dell questioned what types of problems the City runs into in negotiating a settlement for easements. (See CR 91468 below.) City Planner Bob Stevenson stated that there could be several reasons on the delay in settlement of easements; such as timeframe on doing the paperwork and persons holding back on settlement until just prior to it coming to the City Council. Moved by Wright, seconded by Fox that "Resolution accepting and approving acquisition contract payment to sell real property to the City and accepting and approving certain deed for 600 Independence Avenue in conjunction with Independence Avenue Reconstruction Project, IX -6600(1)--79-07", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-6. 91466 - Moved by Wright, seconded by Fox that "Resolution accepting and approving acquisition contract payment to sell real property to the City and accepting and approving certain deeds for 1105, 1121 and 1127 Ansborough Avenue in conjunction with Ansborough Avenue Reconstruction Project, IX -6615(5)--79-07", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-7. 91467 - Moved by Wright, seconded by Fox that "Resolution accepting and approving acquisition contract payment to sell real property to the City and accepting and approving certain deed for 613 Grant Street in conjunction with Sixth Street Extension, IX -6604(2)--79-07", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-8. 91468 - Moved by Wright, seconded by Fox that "Resolution approving condemnation proceedings for 907 Independence Avenue in conjunction with Independence Avenue Reconstruction Project, IX -6600(1)--79-07", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-9. January 11, 1988 Page 5 BILLS PAYMENT 91469 - Moved by Angel, seconded by Buck that "Resolution approving Schedule A918, pps. 1-46, in the amount of $282,400.34, 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. 1988-10. NEW BUSINESS 91470 - Moved by Wright, seconded by Budak that communication from Mayor Bernard L. McKinley transmitting recommendation on reappointment of Russell Burt, Janet Walden and Charles Reed for another three year term and the appointment of Richard Gleason for a three year term effective immediately with expiration date of December 1, 1990; and the appointment of Chuck Angel effective immediately with expiration date of December 1, 1991 to the Cablevision Commission, be received, placed on file and approved. Motion carried. MISCELLANEOUS 91471 - Moved by Wright, seconded by Budak 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 License for Distress Sale be approved: 1. Beer License Permit Application Class C Pauls Standard, 428 Franklin (Renewal) (Expires 1/27/89) (Includes Sunday Sales) Daisy Maid Dairy Store, 1206 West Ninth Street (Renewal) (Expires 1/14/89) (Includes Sunday Sales) 2. Beer and Wine License Permit Application Class E G & G Fuel Stop, 325 Franklin (Renewal) (Expires 1/8/89) (Includes Sunday Sales) Food 4 Less, 3731 University (Renewal) (Expires 1/22/89) (Includes Sunday Sales) Application for License for Distress Sale Larry Tideback dba Ben Franklin, 2074 Logan Avenue Motion carried. BONDS 91472 - Moved by Angel, seconded by Wright that the report of City Attorney and list of bonds filed with Clerk/Auditor through January 11, 1988, be received, placed on file and report and bonds be approved. Motion carried. 91473 - Moved by Brown, seconded by Wright that the Council adjourn to Executive Session. Prior to the vote, City Attorney Hugh Field stated that the proposed Executive Session falls within the realm of the State Law allowing Executive Sessions for strategy for labor negotiations. Ayes: Seven. Motion carried. January 11, 1988 Page 6 EXECUTIVE SESSION 91474 - Moved by Fox, seconded by Budak that the Council adjourn Executive Session. Motion carried. 91475 - Moved by Angel, seconded by Buck to authorize the Negotiation Team to proceed with negotiations with the five bargaining units of the City. Motion carried. ADJOURNMENT 91476 - Moved by Brown, seconded by Angel that the Council adjourn. Motion carried. Larry P. Burger Clerk/Auditor