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HomeMy WebLinkAbout02/19/90February 19, 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 19, 1990. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Councilperson Josef Fox Pledge of Allegiance: Troop 144 --Jason Lawry, Nick Lawry, Nate Lawry, Matt Obadal, Mark Gruver 95299 - Moved by Buck, seconded by Angel that the Agenda, as amended, for the Regular Session on February 19, 1990, at 7:00 p.m. and the Minutes of the Regular Session of February 12, 1990, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS 95300 - Moved by Dell, seconded by Fox that proof of publication of notice of public hearing on amendments to Zoning Ordinance No. 2479, as amended, as it pertains to definitions of child care services, in what zones certain services- would be allowed and under what circumstances, and as to fees charged by the Board of Adjustment for permits to operate day care services, as published in the Waterloo Courier on February 6, 1990, be received and placed on file. Motion carried. 95301 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Councilperson Fox provided an overview of the ordinance changes indicating that the revisions coincide with state requirements. Councilperson Angel questioned the committee's recommendation that the Board of Adjustment should be gender and race balanced. It was reported that the Board of Adjustment currently consists of five members appointed by the Mayor and City Council. State law allows for the Board to increase its membership to seven members. Mayor McKinley said he would not oppose such a change. Joanne Lane, Director of Child Care Services with Exceptional Persons, Inc., read in a prepared statement that the proposed zoning ordinance changes are the result of diligent effort on the part of volunteers working with Dr. Charles Means, Chairperson of the Planning, Programming and Zoning Commission. She supported the proposed ordinance changes as a workable solution to providing appropriate and affordable child care in the City. She also urged that the Board of Adjustment's process for new day cares be simple and non -intimidating. She also recommended that a child care committee be formed under the jurisdiction of the Board of Adjustment to work out the operational procedures for new day care centers. Polly Vande Kamp, representing the Iowa Department of Human Services, reviewed the state process for making application for day care services. The ordinance states that group day care facilities will be grandfathered in if they are registered with the state by June 30. There was some discussion on the confusion of whether the committee had recommended that day care facilities be registered with the State of Iowa prior to June 30 or that the applications only need be submitted to the State by June 30. Bob Stevenson, City Planner, stated that the draft ordinance would require that the applications be approved by the State by June 30. Leo Leonard, 1701 Carriage Hill Drive, expressed his deep concern for adequate day care within the City. He also opposed the City imposing restrictions that may in any way hinder child care. Bob Stevenson, City Planner, stated that the ordinance would allow seven children at any one time and no more than twelve in a 24-hour period in family day care facilities. The ordinance allows group day care centers to care for no more than six but fewer than twelve children with no more than six children at one time being less than six years of age and a maximum of sixteen of any age during a 24 -:hour period. February 19, 1990 Page 2 Hearings - continued Mayor McKinley expressed his support of the ordinance, particularly since it was developed with the aid of experts in the area of child care. Councilperson Angel indicated that the ordinance has been thoroughly researched and that it provides a workable plan for child day care facilities. Joanne Lane expressed her support for caps that are put on family and group day care centers as being very reasonable. Karen Schmitz spoke as a day care provider and favoring the proposed ordinance changes. Donna Voldenweider, 2733 Fairlane, asked several questions concerning age requirements contained in the ordinance. Mary Schmadeke, 2346 Muncy Street, spoke as a group day care provider and also expressed concern over care of school age children and the availability of child care. Mayor McKinley stated that there will be several appointments being made to the Board of Adjustment and that new board members must not confine their interest simply to child care issues. Evonne Fitzgerald asked that the City take care in providing information to individuals in the child care industry and make them aware of the Board of Adjustment process. Moved by Brown, seconded by Dell that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments, be received and placed on file. Motion carried. 95302 - Moved by Buck, seconded by Fox that "an Ordinance amending Ordinance No. 2479, as amended, as it pertains to definitions of child care services, in what zones certain services would be allowed and under what circumstances, and as to fees charged by the Board of Adjustment for permits to operate day care services", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 95303 - Moved by Buck, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Nays: Seven. Motion denied. PETITIONS FROM PUBLIC 95304 - Moved by Dell seconded by Angel that communication from City Planner transmitting request of Steve Rieger to vacate the five foot platted utility easement generally located along the west lot line of Lot 52, Heartland Hills Second Addition, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as March 12, 1990, at 7:00 p.m., in the City Hall Council Chambers on the above described request", be adopted and City Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-95. 95305 - Moved by Dell, seconded by Angel that communication from City Planner transmitting request of Keith Beyer to vacate the sidewalk adjoining his property at 1006 Fairview Avenue, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as March 12, 1990, at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval of Mayor assigned No. 1990-96. February 19, 1990 REPORTS 95306 - Moved by Angel, seconded by Wright Page 3 that the Waterloo Housing Authority Ridgeway Towers and Section 8 Waterloo Housing Certificate Program --February 1990, be received and placed on file. Motion carried. 95307 - Moved by Angel, seconded by Wright that the F.Y. 1988-1989 Annual Report of the Waterloo Fire Department be received and placed on file. Motion carried. DOCUMENTS 95308 - Moved by Budak, seconded by Buck that communication from City Planner transmitting an application for Phillips 66 (formerly Metro 66) for tax abatement for property located at 701 Franklin Street in the Franklin Urban Revitalization Area Plan, together with recommendation of approval of the Planning, Programming and Zoning staff, be received, placed on file and "Resolution approving said tax abatement", be adopted and Clerk/Auditor instructed to notify the County Assessor of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-97. RESOLUTIONS TO BE ADOPTED 95309 - Moved by Fox, seconded by Wright that "Resolution authorizing the total acquisition contract payments and accepting of deeds for real property for Parcel No. 1030 (Fred Lembke) and No. 3912 (Robert E. Fisher) in conjunction with Greenhill/Sager Project, IX -6560(2)--79-07", be adopted. Ayes: Sever. Resolution adopted and upon approval by Mayor assigned No. 1990-98. 95310 - Moved by Fox, seconded by Wright. that "Resolution amending Resolution No. 1989-49, which established parking regulations in the Central Business District in the City of Waterloo, to establish two handicapped parking spaces adjacent to the Five Sullivan Brothers Convention Center (Jefferson Street near West 4th Street)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-99. 95311 - Moved by Fox, seconded by Wright that "Resolution authorizing receipt and acceptance from Black Hawk County the transfer of titles for real property for Parcel Nos. 222, 228, 232, 238, 807 and 809 in conjunction with Sixth Street Extension, IX -6604(2)--79-07", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-100. 95312 - Moved by Fox, seconded by Wright that communication from City Planner transmitting recommendation on street name designation in conjunction with Relocated U.S. 218 Project, including West Washington Street, Broadway, westbound and eastbound, and Airport Boulevard, be received, placed on file and "Resolution approving said street name designations", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-101. February 19, 1990 Page 4 ORDINANCES TO BE ADOPTED 95313 - Moved by Brown, seconded by Budak that "an ordinance amending the 1988 Traffic Code by repealing Subsection (35) Byron Avenue of Section 551, Parking Prohibited At All Times On Certain Streets; and by enacting in lieu thereof a new Subsection (35) Byron Avenue to Section 551, Parking Prohibited At All Times On Certain Streets (prohibiting parking on the north side of a portion of the 1800 block of Byron Avenue)", be tabled. Ayes: Seven. Motion carried. BILLS PAYMENT 95314 - Moved by Brown, seconded by Budak that "Resolution approving Schedule A918, pp. 1-60, in the amount of $806,214.24, and Schedule W900, page 1, in the amount of $375.00, 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. 1990-102. NEW BUSINESS 95315 - Moved Brown, seconded by Buck to instruct Transportation Program Manager to prepare plans, specifications, form of contract, etc., for F.Y. 1990 West Ridgeway Reconstruction Project, Contract No. 383 (U.S. Highway 63 to Ansborough Avenue), be received and placed on file. Motion carried. 95316 - Moved by Brown, seconded by Buck that plans, specifications, form of contract, etc., for F.Y. 1990 West Ridgeway Reconstruction Project, Contract No. 383 (U.S. Highway 63 to Ansborough Avenue), be received, p -laced on file and "Resolution preliminarily approving same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-103. 95317 - Moved by Brown, seconded by Buck that "Resolution setting date of hearing on plans, specifications, form of contract, etc., as March 5, 1990, and taking of bids as March 19, 1990 at 7:00 p.m. in the City Hall Council Chambers on F.Y. 1990 West Ridgeway Reconstruction Project, Contract No. 383 (U.S. Highway 63 to Ansborough Avenue)", be adopted and City Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No 1990-104. 95318 - Moved by Brown, seconded by Buck to instruct Park Superintendent to prepare plans, specifications, form of contract, etc., for Cedar River/Exchange Park Boat Ramp Reconstruction, be received and placed on file. Motion carried. 95319 - Moved by Brown, seconded by Buck that plans, specifications, form of contract, etc., for Cedar River/Exchange Park Boat Ramp Reconstruction, be received, placed on file and "Resolution preliminarily approving same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1990-105. 95320 - Moved by Brown, seconded by Buck that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as March 12, 1990, at 7:00 p.m. in the City Hall Council Chambers on Cedar River/Exchange Park Boat Ramp Reconstruction", be adopted and City Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted upon approval by Mayor assignP No. 1990-106. Page 5 February 19, 1990 New Business - continued 95321 - Moved by Brown, seconded by Buck that communication from City Engineer transmitting recommendation of appointment of David Schuldt to the position of Associate Engineer in the Engineering Department, effective February 20, 1990, be received, placed on file and approved. Motion carried. 95322 - Moved by Brown, seconded by Buck that communication from Transportation Program Manager transmitting recommendation of appointment of Bill Ratekin to the position of Transportation Engineer, Tim Mrozek to the position of Traffic Engineer and Kevin Blanshan to the position of Associate Planner in the Transportation Department, effective February 20, 1990, be received, placed on file and approved. Motion carried. 95323 - Moved by Brown, seconded by Buck that communication from Clerk/Auditor transmitting recommendation of appointment of Elaine Coen to the position of Print Shop Technician, effective February 20, 1990, be received, placed on file and approved. Motion carried. Travel Requests 95324 - Moved by Fox, seconded by Angel that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Carmen Shader and Robert Schrader, Animal Control Officers, to attend the Midwest Animal Control Humane Society Academy in Cedar Rapids, Iowa, on April 18-20, 1990, with costs not to exceed $187.50 each, including the use of City vehicle. 2. Ron Johnson, Street Foreman, Robert Mullinex, Equipment Operator III, and Steve Arnold, Equipment Operator II, to attend the Asphalt Recycling Workshop in Ames, Iowa, on February 20-21, 1990, with costs not to exceed $36.3.00, including the use of City vehicle. Motion carried. MISCELLANEOUS 95325 - Moved by Fox, seconded by Angel 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 and application for junk dealer license be received, placed on file and approved: 1. Beer and Liquor License Application Class C Security House, Inc. of Amalgamated Local 838 UAW, 2615 Washington Street (Renewal) (Expires 3/1/91) Yen Ching, 109 Commercial Street (Renewal) (Expires 3/15/91) (Includes Sunday Sales) Holiday Inn Civic Center, West 4th & Commercial (Renewal) (Expires 2/28/91) (Includes Sunday Sales) 2. Beer & Wine License Permit Application Class E Crossroads Liquors, Inc., 2022 East Ridgeway (Renewal) (Expires 2/28/91) (Includes Sunday Sales) 3. Hotel Beer & Liquor License Permit Application Class B Holiday Inn, 205 West Fourth Street (Renewal) (Expires 2/28/91) (Includes Sunday Sales) February 19, 1990 Page 6 Miscellaneous - continued 4. Liquor License Permit Application Class E Crossroads Liquor, 2022 East Ridgeway (Renewal) (Expires 2/28/91) (Includes Sunday Sales) Application for Junk Dealer License Roger. Tompkins --Junk Yard located at 2724 Lafayette Street Motion carried. BONDS 95326 - Moved by Angel, seconded by Budak that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through February 19, 1990, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 95327 - Kathy Oberle, 710 Forest Avenue, asked that the City increase its effort to fight drugs which are being used by youth in our community. She urged more police security ori the streets, and stated that teens need activities to keep their interest drawn away from drugs. Councilperson Wright reported that former Councilperson Jack Seeber's wife suffered a stroke in Mesa, Arizona. After talking to her today, Councilperson Wright indicated that Mrs. Seeber is progressing nicely and hopes to return home soon. Moved by Dell, seconded by Brown that the above comments be received and placed on file. Motion carried. ADJOURNMENT 95328 - Moved by Dell, seconded by Brown that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor