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HomeMy WebLinkAbout02/26/90February 26, 1990 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 February 26, 1990. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Councilperson Dave Buck Pledge of Allegiance: Larry P. Burger, City Clerk/Auditor 95331 - Moved by Buck, seconded by Angel that the Agenda, as amended, for the Regular Session on February 26, 1990, at 7:G0 p.m. and the Minutes of the Regular Session of February 19, 1990 at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 95332 - Moved by Fox, seconded by Dell that proof of publication of notice of public hearing on sale and conveyance of property generally located at the intersection of Greenhill Road and Rainbow Drive (approximately 1.22 acres of land appraised at $4,650.00) in conjunction with the Greenhill Road Project, as published in the Waterloo Courier on February 9, 1990, be received and placed on file. Motion carried. 95333 - 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 Brown, seconded by Wright that the hearing be closed and the recommendation of approval of the Transportation staff be received and placed on file. Motion carried. 95334 - Moved by Angel, seconded by Dell to receive, file and instruct Clerk/Auditor to open and read bids and refer to Transportation staff for review and recommendation: Bidder Certified Check Bid Amount Dave Walibaum $100.00 $1,000.00 Motion carried. 95335 - Bob Stevenson, City Planner, reported that the bid is less than the appraised value of $4,650.00 and must be rejected. As required by the Federal Highway Administration and Iowa Department of Transportation's rules and guidelines, City staff may now proceed to negotiate with adjacent property owners. Moved by Buck, seconded by Dell that the bid received from Dave Wallbaum for property generally located at the southwest corner of the intersection of Greenhill Road and Rainbow Drive be rejected and City staff instructed to return the certified check. Motion carried. REPORTS 95336 - The Mayor reported that the time had arrived for discussion on the Fiscal Year 1991-1995 General Obligation Bond List. Kathy Oberle, 710 Forest Avenue, questioned the funding of the Sixth Street Extension during FY 1991 in the amount of $1,395,000. She stated that originally this street was proposed to be constructed with Interstate Substitution Funds but has since been dropped from funding and questioned the priority that this project has. She also questioned the Gateway improvements totaling $745,000 over the five-year period. Don Temeyer, Planning and Development Director, stated that the initial expenditure of $145,000 in FY 1991 will be used as initial monies for landscaping materials along the 218 Corridor. February 26, 1990 Reports - continued Moved by Budak, seconded by Fox that communication from City Planner 1991-1995 General Obligation Bond approval of the Planning, Progranmâ–ºing file and "Resolution approving said Bond List", be adopted. Ayes: Seven Page 2 transmitting the preliminary Fiscal Year List, together with recommendation of and Zoning staff, be received, placed on Fiscal Year 1991-1995 General Obligation Resolution adopted and upon approval by Mayor assigned No. 1990-107. 95337 - The Mayor announced that the time had arrived for discussion on the lawncare issue precipitated by a petition presented by Elaine Jaquith. Mark Linda, Disease Prevention Manager for the Black Hawk County Health Department, reported that the committee had met on February 14, 1990 and urged that the City maintain a pre -notification list of individuals who wish to be notified prior pre -notification to pesticide application on neighboring lawns. The list would be maintained by the City Clerk's office. Additionally, the committee recommended that an Attorney General's opinion be sought through Representative Don Shoultz to confirm the City's authority to chemicals with state laws already in adopt an ordinance regarding lawncare place regulating such matters. Elaine Jaquith, 3148 Marigold Drive, suggested that the pre -notification list be expanded to include public grounds. She also urged the Council to move ahead prior to obtaining an Attorney General's opinion which could take up to one year. She asked that the Council adopt an ordinance immediately. Mayor McKinley announced that the Public Safety Committee of the City Council, including Councilpersons Buck, Budak and Dell, be given the responsibility to review this environmental concern. Ms. Jaquith presented a copy of the yellow pages of the telephone book delineating various lawncare companies and drew particular attention to one of the ads that indicated the company's products are non-toxic, non-poisonous and will not harm your children or pets. A resident at 811 West Third Street commended the Council for doing a super job, but asked that the Council act now on this important environmental issue and not place it on the back burner. He indicated that there are two things that will destroy the human race including chemicals and computers. Rod Foster, a member of the Professional Lawncare Association of America, encouraged the Council to delay action until an Attorney General's opinion is obtained. A resident at 511 Greenbrier Road expressed her concern for pesticides and the need for the Council to act. L.C. Hennessey, 203 South Street, recommended that the Council consider reading the book Silence Spring. Mayor McKinley encouraged the Public Safety Committee to meet within the next week or two on this issue. Moved by Dell, seconded by Fox that communications from Mark Linda, Disease Prevention Manager for the Black Hawk County Health Department, transmitting committee report on lawn care concerns be received and placed on file. Motion carried. DOCUMENTS 95338 - Moved by Brown, seconded by Buck that Change Order No. 2 for a net increase of $4,777.00 for work performed by E. B Spencer Company in conjunction with F.Y. 1989 Water Pollution Control Plant Improvements - Phase I, Contract No. 372, be received, placed on file and approved. Motion carried. February 26, 1990 Page 3 Documents - continued 95339 - Moved by Brown, seconded by Buck tha-t communication from Transportation Program Manager transmitting Supplemental Agreement No. 2 with Brice, Petrides -Donohue Co. for construction engineering services in conjunction with Greenhill Road Pedestrian/Bikeway Facility, IX -6585(9)--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. 1990-108. 95340 - Moved by Fox, seconded by Angel that "Resolution authorizing the temporary easements and partial acquisition contract payments and accepting the deeds for real property for Parcel No. 9 (Debra Westendorf), No. 10 (Frances Nesbit), No. 14 and 15 (Linford and Ruth Moore), Na. 19 (Kenneth and Marjorie Zwanzinger), No. 20 (Don Wentworth), No. 21 (Eugene and Joan Westemeier) and No. 26 (Marilyn Mason and Arthur and Annie Broeker) in conjunction with Ridgeway Avenue Reconstruction, IX -6500(4)--79-07", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-109. ORDINANCES TO BE ADOPTED 95341 - The Mayor announced that the time had arrived for discussion on amendments to Ordinance No. 2479, as amended, City Zoning Ordinance relating to child care services. Roxanne Ash, 913 Lynda Road, asked that the proposed City ordinance be reconsidered in light of a new state requirement signed into law by Governor Terry Branstad on February 20, 1990. The new state law establishes provisions on the number of school aged children that can be allowed in family day care homes before and after school. She stated that the limits contained in the ordinance would limit the availability of child care for school age children immediately before and after school. Mayor McKinley indicated that the concerns of the state are much different than concerns of the City. He urged the committee to reconvene and "get together" on the issue prior to bringing it before the Council again. Councilperson Fox, a member of the volunteer committee on child care, disagreed as to whether committee members set a maximum number of children when they agreed to the 24 hour cap for family and group day care homes. Councilperson Fox stated that it is the City's intent to work with child care providers and parents and neighbors to arrive at a workable ordinance. Moved by Angel, seconded by Wright that the second reading on amendments to Ordinance No. 2479, as amended, City Zoning Ordinance as it pertains to definitions of child care services be referred back to the committee and tabled indefinitely. Ayes: Seven. Motion carried. BILLS PAYMENT 95342 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-67, in the amount of $1,118,088.24, 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. 1990-110. February 26, 1990 Page 4 NEW BUSINESS 95343 - Moved by Budak, seconded by Brown that communication from the Clerk/Auditor's Office transmitting recommendation to set the date of hearing as March 6, 1990 at 7:00 p.m. in the City Hall Council Chambers on proposed FY 1991 Budget for City of Waterloo, be received, placed on file and "Resolution setting date of hearing as March 6, 1990", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-111. 95344 - Moved by Budak, seconded by Brown that communication from Mayor Bernie McKinley transmitting recommendation of appointment of Merwin D. Rowell to the Waterloo Heating Board, with term expiration of December 31, 1990, be received, placed on file and approved. Motion carried. 95345 - Moved by Budak, seconded by Brown that communication from Mayor Bernie McKinley transmitting recommendation of reappointment of Doug Carpenter to the Plumbing Code Committee and Examining Board for another two year term, with expiration date of March 1, 1992, be received, placed on file and approved. Motion carried. 95346 - Moved by Budak, seconded by Brown that communication from City Engineer transmitting recommendation to set March 30, 1990 as the last day for accepting oiling petitions in conjunction with F.Y. 1991 Oiling Program, Contract No. 391, be received, placed on file and approved. Motion carried. Travel Requests 95347 - Moved by Brown, seconded by Wright that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Douglas Larrabee, Investigator, to attend Iowa Sex Crimes Analysis System Workshop in Des Moines, Iowa, on February 28 -March 2, 1990, with costs not to exceed $119.26. 2. Randall Schoenfelder, Police Sergeant, to attend Associated Police Communications Officers Regional Conference in LaCrosse, Wisconsin on May 14-16, 1990, with costs not to exceed $267.00, including the use of City vehicle. Motion carried. MISCELLANEOUS 95348 - Moved by Brown, seconded by Wright that the following applications for beer and liquor licenses, be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: 1. Beer License Permit Application Class B Waterloo Women's Softball Association, Exchange Park (Seasonal 4/25/90 - 10/25/90) (Includes Sunday Sales) 2. Beer License Permit Application Class C B&M Grocery, 831 Mobile (Renewal) (Expires 2/22/91) (Includes Sunday Sales) Jr.'s By Lo Market, 924 Linn (Renewal) (Expires 3/4/91) (Includes Sunday Sales) February 26, 1990 Miscellaneous - continued 3. Beer & Liquor License Permit Application Class C Babes Tap, 210 Division Street (Renewal) (Expires 3/15/91) (Includes Sunday Sales) Clabbey's Catering, 1657 Falls Avenue (Renewal) (Expires 2/28/91) (Includes Sunday Sales) Application for License For Distress Sale Todd's Naturalizer, Crossroads Mall --May 31, 1990. Motion carried. BONDS 95349 - Moved by Angel, seconded by Dell Page 5 that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through February 26, 1990, be received, placed on file and report and bonds approved. Motion carried. ADJOURNMENT 95350 - Councilperson Brown commended the work of firefighter Greg Ferguson for his involvement with the Project MATCH (Models and Teachers Can Help) at Roosevelt Elementary School. The program is intended to change attitudes and build self-esteem among black boys from homes headed by women. L. C. Hennessey, 203 South Street, urged that the Council consider rumble strips and posting of signs entitled "dangerous curve" in the area known as Fereday Curve. Moved by Buck, seconded by Wright that the above oral comments be received and placed on file. Motion carried. 95351 - Moved by Buck, seconded by Wright that the City Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor