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HomeMy WebLinkAbout12/17/90At 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 December 17, 1990. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Mayor Bernie McKinley Pledge of Allegiance: Councilperson Dave Buck 96745 - Moved by Wright, seconded by Buck that the Agenda, as amended, for the Regular Session on December 17, 1990, at 7:00 p.m., and the Minutes of the Regular Session on December 10, 1990, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS 96746 - Moved by Dell, seconded by Fox that proof of publication of notice of public hearing on budget estimate of the Waterloo Water Works, City of Waterloo, Iowa, for the Calendar Year 1991, as published in the Waterloo Courier on December 11, 1990, be received and placed on file. Motion carried. 96747 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. Moved by Brown, seconded by Wright that the hearing be closed. Motion carried. 96748 - Moved by Fox, seconded by Angel that "Resolution approving Calendar Year 1991 Waterloo Water Works Budget", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-680. PETITIONS FROM PUBLIC 96749 - Moved by Buck, seconded by Angel that communication from City Planner transmitting request of LaVern Droste to rezone from "R-2" One and Two Family Residence District to "C -Z" Conditional Zoning property generally located at 137 Joder Avenue to construct a 36' x 64' warehouse to be attached to existing business, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as January 7, 1991, at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-681. UNFINISHED BUSINESS 96750 - Moved by Buck, seconded by Fox that the site plan amendment request of Lockard Development, Inc. for property generally located between Fletcher and Howrey Avenues south of Janney Avenue to construct a temporary 60' x 60' parking lot west of the existing driveway on Fletcher Avenue for the sale of used cars, be brought back to the table for reconsideration (see CR 96715 of December 10, 1990). Ayes: Four. Nays: Angel, Wright, Budak. Motion carried. 96751 - In making his motion, Councilperson Buck stated that not approving the amended site plan as was recommended by the Assistant City Attorney was a mistake on the part of the Council. He stated that with the "C -Z" Conditional Zoning, the uses are more restrictive than what would have been allowed by the "C-2" Commercial Zoning District. Councilperson Angel stated that she was opposed to the amendment because adjacent property owners had been promised that office buildings would be constructed and not used car lots. She stated that she would not approve conditional zoning requests in the future under similar circumstances. December 17, 1990 Page 2 Unfinished Business - continued Moved by Buck, seconded by Brown. that the site plan amendment request of Lockard Development, Inc. for property generally located between Fletcher and Howrey Avenues south of Janney Avenue to construct a temporary 60' x 60' parking lot west of the existing driveway on Fletcher Avenue for the sale of used cars, be reconsidered and "Resolution approving said site plan amendment request, subject to certain conditions", be adopted. Ayes: Four. Nays: Angel, Wright, Budak. Resolution adopted and upon approval by Mayor assigned No. 1990-682. DOCUMENTS 96752 - Moved by Brown, seconded by Wright that communication from Transportation Program Manager transmitting an agreement with Twin City Testing Corporation for inspection of underground storage tank removal for 803 West 5th Street in conjunction with salvage removal of building, Sixth Street Extension (West), IX -6604(2)--79-07, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-683. 96753 - Moved by Brown, seconded by Wright that communication from Assistant City Engineer transmitting acceptance of plat improvements for Audubon Park Fourth Addition and a two-year Maintenance Bond from Cedar Valley Corporation, together with recommendation of approval, be received, placed on file and "Resolution approving said improvements", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-684. RESOLUTIONS TO BE ADOPTED 96754 - Moved by Fox, seconded by Brown that "Resolution authorizing a handicapped parking space adjacent to the Peoples Community Health Clinic in mid -block on north side of 400 block of Sycamore Street", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-685. 96755 - Moved by Fox, seconded by Brown that "Resolution authorizing 10 hour parking in Deck G in the East Park Avenue ramp at .25 per hour", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-686. ORDINANCES TO BE ADOPTED 96756 - Moved by Budak, seconded by Wright that "an Ordinance amending the 1988 Traffic Code by repealing Section 311, Fees - Monthly and Reserved Ramp and Lot Parking; and enacting in lieu thereof new Section 311, Fees - Monthly and Reserved Ramp and Lot Parking (establishing fees for monthly and reserved parking in city ramps)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 96757 - Moved by Buck, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. December 17, 1990 Page 3 Ordinances to be Adopted - continued 96758 - 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. 96759 - Moved by Brown, seconded by Dell that "an Ordinance amending the 1988 Traffic Code by repealing Section 311, Fees - Monthly and Reserved Ramp and Lot Parking; and enacting in lieu thereof new Section 311, Fees - Monthly and Reserved Ramp and Lot Parking (establishing fees for monthly and reserved parking in city ramps)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3757. 96760 - Moved by Dell, seconded by Buck that "an Ordinance amending the 1988 Traffic Code by repealing Section 279, Truck and Bus Parking Prohibited; and enacting in lieu thereof new Section 279, Truck and Bus Parking Prohibited (allow school buses to park on residential streets)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 96761 - Moved by Wright, seconded by Brown that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 96762 - Moved by Angel, 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: Seven. Motion carried. 96763 - Moved by Fox, seconded by Wright that "an Ordinance amending the 1988 Traffic Code by repealing Section 279, Truck and Bus Parking Prohibited; and enacting in lieu thereof new Section 279, Truck and Bus Parking Prohibited (allow school buses to park on residential streets)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3758. BILLS PAYMENT 96764 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-56, in the amount of $1,493,491.32, dated December 17, 1990, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Abstain: Buck. Resolution adopted and upon approval by Mayor assigned No. 1990-687. NEW BUSINESS 96765 - Moved by Dell, seconded by Wright to instruct City Engineer to prepare plans, specifications, form of contract, etc., for the F.Y. 1991 Intercity Interceptor, Stage VIII, Treatment Plant to West 18th Street, Contract No. 392, be received, placed on file and approved. Motion carried. December 17, 1990 Page 4 New Business - continued 96766 - Moved by Dell, seconded by Wright that plans, specifications, form of contract, etc., for the F.Y. 1991 Intercity Interceptor, Stage VIII, Treatment Plant to West 18th Street, Contract No. 392, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-688. 96767 - Moved by Dell, seconded by Wright that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as January 22, 1991, at 7:00 p.m. in the City Hall Council Chambers", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-689. 96768 - Moved by Dell, seconded by Wright that communication from Superintendent of Water Pollution Control transmitting recommendation of appointment of Bruce Mask to the position of Wastewater Operator I, be received, placed on file and approved. Motion carried. MISCELLANEOUS 96769 - Moved by Budak, seconded by Wright that the following beer and liquor license permit applications, be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer & Liquor Control Department and application for distress sale, be received, placed on file and approved: 1. Beer License Permit Application Class C Pony Express, 1625 West 4th Street (Renewal) (Expires 12/31/91) (Includes Sunday Sales) Pony Express, 2322 Falls Avenue (Renewal) (Expires 12/31/91) (Includes Sunday Sales) Pony Express, 1459 Ansborough Avenue (Renewal) (Expires 12/31/91) (Includes Sunday Sales) 2. Beer & Liquor License Permit Application Class C Biemann's Sky Harbor Restaurant, 2790 Airport Boulevard (Renewal) (Expires 12/15/91) (Includes Sunday Sales) Golden Dolphin, 301 West 4th (Renewal) (Expires 12/20/91) Village Lounge, 709 Jefferson Street (Renewal) (Expires 12/11/91) (Includes Sunday Sales) Blue Bird Lounge & Grill, 921 Broadway (Renewal) (Expires 12/23/91) (Includes Sunday Sales) The Board Room, 504 Sycamore Street (Renewal) (Expires 12/30/91) (Includes Sunday Sales) 3. Beer/Wine License Permit Application Class E Food 4 Less, 3731 University Avenue (Renewal) (Expires 1/11/92) (Includes Sunday Sales) Pistol Petes, 1020 Franklin (Renewal) (Expires 1/3/92) (Includes Sunday Sales) 4. Liquor License Permit Application Class E Stokes Mart, 1611 1/2 East 4th Street (Renewal) (Expires 12/11/91) (Includes Sunday Sales) Application for Distress Sales Guns Unlimited, Inc, 2831 University Avenue (60 days) Motion carried. Aft December 17, 1990 Page 5 BONDS 96770 - Moved by Angel, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through December 17, 1990, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 96771 - Mayor McKinley expressed the City's sympathy the family of Russell Hayes, a 20 year veteran of the Park Commission. His many years of service to the community was greatly appreciated. Mayor McKinley stated that various members of the audience this evening were present to discuss their feelings on school based clinics. He explained that the City Council makes no decisions in this matter and stated he did not want to have a parade of speakers come forward with the same message. He stated that the Council would be amiable to listening to one speaker from each side of the issue even though the Council is powerless to do anything about the School Board's decision. Sue Evanson Hanna, President of the Black Hawk County Right to Life Organization, stated that the purpose of the organization is to provide education on the issue of pro-life. She distributed materials for the Council to read, including a proposed resolution on this issue. She stated that the Waterloo School Administration has been working with the Black Hawk Health Department in obtaining an $83,000 grant to sponsor a school based clinic at Expo School, an alternative school for high school age individuals. She stated that most generally City Councils become involved in this very issue once grant money is exhausted. She stated that eventually such clinics provide reproductive referrals and lead to the dispensing of contraceptives. Ms. Hanna asked that the Council give consideration to this issue and relayed a personal story of her own daughter, an unwanted child. Her daughter has been one of the bright lights in her life. Elaine Jaquith, 3138 Marigold Drive, stated that this is an important issue for the Council to consider. Mayor McKinley reiterated his earlier remarks to allow only one individual from each side of the issue to speak. Ms. Jaquith urged the Mayor to allow more discussion on this topic. Mayor McKinley again reiterated that the Council has no decision in this matter, but each Council Members feels very deeply about this as an individual. He thanked the coalition for providing the information. Bob Tyson, Principal at Expo School, stated that as a parent, resident, and 19 year educator in the community, he feels many kids are in need of assistance just to survive. They need positive counseling and role models that such a program could provide. Many of these youngsters seeking an education at Expo need community health care services in order to reach their potential as an individual. He greatly supports the proposal of the Waterloo schools to provide such a program. Moved by Buck, seconded by Brown that the above oral comments be received and placed on file and the meeting be adjourned at 7:50 p.m. Motion carried. Michelle Temeyer Deputy Clerk/Auditor