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HomeMy WebLinkAbout02/05/1990AMIN February 5, 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 5, 1990. Mayor Pro Tem Robert Brown in the Chair. Roll Call: Fox, Angel, Buck, Wright, Budak. Absent: Dell. Invocation by: All Present Pledge of Allegiance: Councilperson Dave Buck 95177 - Moved by Buck, seconded by Wright that the Agenda, as proposed, for the Regular Session on February 5, 1990, at 7:00 p.m., and the Minutes of the Regular Session on January 22, 1990, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 95178 - Moved by Fox, seconded by Buck that proof of publication of notice of public hearing on plans, specifications, form of contract, etc., for F.Y. 1990 Cloverdale Acres Area Stormwater Outlet Structure, Contract No. 379, as published in the Waterloo Courier on January 19, 1990, be received and placed on file. Motion carried. 95179 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Moved by Wright, seconded by Buck that "Resolution confirming the approval of plans, specifications, form of contract, etc., in conjunction with said project", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-45. 95180 - Moved by Buck, seconded by Angel that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-46. 95181 - Moved by Budak, seconded by Wright to receive, file and instruct Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation: Bidder Bid Bond Bid Amount Denver Construction, Denver, IA 5% $71,269.59 Holland Contracting Corp., Forest City, IA 5% $73,028.28 Hurst & Sons Contractors, Inc., Waterloo, IA 5% $98,493.79 Peterson Contractors, Inc., Reinbeck, IA 5% $82,634.10 Rampart Corporation, Waterloo, IA 5% $70,066.46 Weichers Construction, Cedar Falls, IA 5% $59,497.98 Winmor Construction Co., Inc., Waterloo, IA 5% $57,992.68 Youngblut Contracting, Inc., Washburn, IA 5% $77,704.25 Motion carried. 95182 - Moved by Buck, seconded by Fox that "Resolution authorizing the award of contract to Winmor Construction Co., Inc. of Waterloo, Iowa, in the amount of $57,992.68 in conjunction with F.Y. 1990 Cloverdale Acres Area Stormwater Outlet Structure, Contract No. 379", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Tem assigned No. 1990-47. February 5, 1990 Page 2 Hearings and Bids - continued 95183 - Moved by Angel, seconded by Buck that proof of publication of notice of public hearing on plans, specifications, form of contract, etc., on the Waterloo Central Garage Re -Roofing, as published in the Waterloo Courier on January 19, 1990, be received and placed on file. Motion carried. 95184 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Moved by Buck, seconded by Wright that "Resolution confirming the approval of plans, specifications, form of contract, etc., in conjunction with said project", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-48. 95185 - Moved by Budak, seconded by Angel that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-49. 95186 - Moved by Wright, seconded by Buck to receive, file and instruct Clerk/Auditor to open and read bids and refer to the City Engineer for review and recommendation and that award of contract be delayed one week: Bidder Fuller Roofs, Inc., Waterloo, IA Service Roofing Company, Waterloo, IA Motion carried. 95187 - Moved by Buck, seconded by Fox Bid Bond Bid Amount 5% $34,790.00 5% $37,271.00 that proof of publication of notice of public hearing on plans, specifications, form of contract, etc., for the renovation of the former East Side Library, as published in the Waterloo Courier on January 19, 1990, be received and placed on file. Motion carried. 95188 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Moved by Buck, seconded by Angel that "Resolution confirming the approval of plans, specifications, form of contract, etc., in conjunction with said project", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-50. 95189 - Moved by Fox, seconded by Buck that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-51. 95190 - Moved by Buck, seconded by Angel to receive, file and instruct Clerk to read bids and refer to Planning and Development Division for recommendation and that award of contract be delayed one week: February 5, 1990 Hearings and Bids - continued Bidder Paul Christensen Construction, Cedar Falls, IA Jorgensen Construction, Cedar Falls, IA Motion carried. HEARINGS 95191 - Moved by Angel, seconded by Wright Page 3 Bid Bond Bid Amount 5% $35,630.00 5% $27,306.00 that proof of publication of notice of public hearing on request of Steston Building Products Co., 326 West 17th Street, for a waiver of the building moratorium on Relocated U.S. Highway 218 Corridor to attach signs to existing building, as published in the Waterloo Courier on January 19, 1990, be received and placed on file. Motion carried. 95192 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Moved by Buck, seconded by Wright that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and the Gateway Committee be received and placed on file. Motion carried. 95913 - Moved by Fox, seconded by Angel that "Resolution authorizing waiver of building moratorium on the Relocated U.S. 218 Corridor for Stetson Building Products Co., 326 West 17th Street, to attach signs to existing building", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-52. 95194 - Moved by Fox, seconded by Angel that proof of publication of notice of public hearing on request of Ron Scally Collision Repair and Sales, 2083 Plymouth Avenue, for a waiver of the building moratorium on Relocated U.S. Highway 218 Corridor to attach a sign to existing building, as published in the Waterloo Courier on January 19, 1990, be received and placed on file. Motion carried. 95195 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Moved by Wright, seconded by Buck that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and the Gateway Committee be received and placed on file. Motion carried. 95196 - Moved by Buck, seconded by Fox that "Resolution authorizing waiver of building moratorium on Relocated U.S. Highway 218 Corridor for Ron Scally Collision Repair and Sales to attach a sign to existing building", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-53. 95197 - Moved by Fox, seconded by Budak that proof of publication of notice of public hearing on request of Mary Evans to change the existing "C -Z" Conditional Zoning for property located at 1137 Dundee Avenue for use as a jewelry store to a psychic palm reading service and to maintain a residence at said address, subject to location of the sign upon private property, as published in the Waterloo Courier on January 19, 1990, be received and placed on file. Motion carried. February 5, 1990 Page 4 Hearings - continued 95198 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Moved by Fox, seconded by Buck that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 95199 - Moved by Budak, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 25 to Section 2A -7N, Conditional Zoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dell. Motion carried. 95200 - Moved by Buck, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Dell. Motion carried. 95201 - Moved by Fox, seconded by Angel 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: Six. Absent: Dell. Motion carried. 95202 - Moved by Buck, seconded by Fox that "an Ordinance amending Ordinance No Ordinance, by adding Subsection No. 25 to Certain Property", be adopted. Ayes: Six. Ordinance adopted and upon approval by Mayor 95203 - Moved by Fox, seconded by Buck . 2479, as amended, City Zoning Section 2A -7N, Conditional Zoning Absent: Dell. Pro Tem assigned No. 3695A. that proof of publication of notice of public hearing on request of State of Iowa to vacate, sell and convey the alleys generally located between West Tenth Street and West Mullan Avenue and between Washington Street and Bluff Street, as published in the Waterloo Courier on January 19, 1990, be received and placed on file. Motion carried. 95204 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Moved by Buck, seconded by Angel that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 95205 - Moved by Fox, seconded by Wright that "an Ordinance vacating the alleys generally located between West Tenth Street and West Mullan Avenue and between Washington Street and Bluff Street", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dell. Motion carried. 95206 - Moved by Angel, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Dell. Motion carried. 95207 - Moved by Budak, 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: Six. Absent: Dell. Motion carried. • February 5, 1990 Page 5 Hearings - continued 95208 - Moved by Fox, seconded by Wright that "an Ordinance vacating the alleys generally located between West Tenth Street and West Mullan Avenue and between Washington Street and Bluff Street", be adopted. Ayes: Six. Absent: Dell. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3696. 95209 - Moved by Buck, seconded by Fox that "Resolution authorizing sale and conveyance of the alleys generally located between West Tenth Street and West Mullan Avenue, and between Washington Street and Bluff Street to the State of Iowa", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-54. 95210 - Moved by Wright, seconded by Angel that proof of publication of notice of public hearing on request of Security House, Inc. (United Auto Workers Local 838) on vacation, sale and conveyance of a portion of Texas Street generally lying north of vacated Easton Avenue, as published in the Waterloo Courier on January 26, 1990, be received and placed on file. Motion carried. 95211 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Moved by Buck, seconded by Wright that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 95212 - Moved by Angel, seconded by Fox that "an Ordinance vacating a portion of Texas Street generally lying north of vacated Easton Avenue", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dell. Motion carried. 95213 - Moved by Fox, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Dell. Motion carried. 95214 - Moved by Wright, seconded by Buck 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: Six. Absent: Dell. Motion carried. 95215 - Moved by Buck, seconded by Angel that "an Ordinance vacating a portion of Texas Street generally lying north of vacated Easton Avenue", be adopted. Ayes: Six. Absent: Dell. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3697. 95216 - Moved by Budak, seconded by Buck that "Resolution authorizing sale and conveyance of a portion of Test Street generally lying north of vacated Easton Avenue to Security House, Inc. (United Auto Workers Local 838)", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-55. February 5, 1990 Page 6 Hearings - continued 95217 - Moved by Buck, seconded by Wright that proof of publication of notice of public hearing on request of Security House, Inc. (United Auto Workers Local 838) on the sale and conveyance of city -owned property generally located north of vacated Easton Avenue and east of I-380, as published in the Waterloo Courier on January 26, 1990, be received and placed on file. Motion carried. 95218 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Moved by Wright, seconded by Angel that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 95219 - Moved by Fox, seconded by Buck that "Resolution authorizing sale and conveyance of city -owned property generally located north of vacated Easton Avenue and east of 1-380 to Security House, Inc. (United Workers Local 838)", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-56. PETITIONS FROM PUBLIC 95220 - Moved by Budak, seconded by Wright that communication from City Planner transmitting request of Nyle's Water Service Inc., 326 West 17th Street, for a waiver of the building moratorium on Relocated U.S. 218 Corridor to attach a 27' x 30" sign to existing building, together with recommendation of approval of the Gateway Committee, be received, placed on file and "Resolution setting date of hearing as February 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: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-57. 95221 - Moved by Budak, seconded by Wright that communication from City Planner transmitting request of Grout Museum, 503 South Street, for a waiver of the building moratorium on Relocated U.S. 218 Corridor to build an addition to existing building, together with recommendation of approval of the Gateway Committee, be received, placed on file and "Resolution setting date of hearing as February 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: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-58. 95222 - Moved by Fox, seconded by Dell that the petition requesting an ordinance be adopted for City -owned/ managed and privately -owned property within the City's jurisdiction to control/restrict the use of lawncare pesticides, be received, placed on file and said petition referred to the Black Hawk County Health Department for research and recommendation. Prior to a vote, the following discussion was Elaine Jaquith, 3148 Marigold Drive, read Council: Whereas, pesticides registered by Whereas, hazards of widely used pesticides pesticide use results in involuntary exposure heard. the following petition to the EPA are not registered as safe. have been documented. Whereas, to wildlife and humans. We, the February 5, 1990 Page 7 Petitions from Public - continued understudy, hereby petition the City Council to adopt an ordinance for City-owned/managed and privately -owned property within the City's jurisdiction to control/restrict the use of lawncare pesticides. Ms. Jaquith stated that she had approximately 300 names signed on the above petition. She continued that this is not just an environmental issue, but a civil rights issue just as is the issue of not allowing smoking in various buildings. She stated that in her neighborhood there were several cases of sick and deceased animals from lawn spraying. E. J. Gallagher, 801 Sheridan, stated that he was speaking on behalf of the Sierra Club. Gallagher continued that he was speaking against lawncare pesticide use. Gallagher suggested a study committee be formed to look into alternative solutions, right -to -know packaging and warning signs on lawns that use pesticides. A resident of 811 West Third Street spoke against the use of pesticides by stating that this is just another issue such as clean air, destroying of the amazon trees, toxic waste cleanups, clean water, and refuse disposal that concerns the citizens of the state and the country. He continued that on December 20, 1989, the state laid the groundwork to allow cities to pass ordinances controlling the use of pesticides and that it is time for the City to take its first step in that direction. Mike Roberson, 1127 West Seventh Street, spoke against the use of pesticides by lawncare companies. Mark Linda, of the Black Hawk Health Department, stated that the state now requires certain signage and that he would be willing to work with the various organizations and interested groups to come up with any recommendations that may help this issue. Following discussion, the following vote was taken. Ayes: Six. Absent: Dell. Motion carried. REPORTS 95223 - Moved by Buck, seconded by Angel that communication from Clerk/Auditor requesting authorization to publish 1989 salaries of all City employees as required by the State Code of Iowa and audit compliance be received-, placed ori file and approved and Clerk/Auditor instructed to publish notice of same. Motion carried. 95224 - Moved by Buck, seconded by Angel that communication from the Building Official transmitting the FY 1989 Building Department Annual Report dedicated in memory of former Building Official Jim Curran, be received, placed on file and approved. Motion carried. DOCUMENTS 95225 - Moved by Fox, seconded by Angel that communication from Assistant City Engineer transmitting Completion Report and Recommendation of Acceptance for work performed by Cedar Valley Corporation in conjunction with F.Y. 1989 Street Reconstruction Program, Contract No. 357, together with recommendation of approval, be received, placed on file and "Resolution approving said documents", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-59. 95226 - Moved by Fox, seconded by Angel that communication from Assistant City Engineer transmitting Maintenance Bond from Cedar Valley Corporation in conjunction with F.Y. 1989 Street Reconstruction Program, Contract No. 357, be received and placed on file. Motion carried. February 5, 1990 Page 8 Documents - continued 95227 - Moved by Fox, seconded by Angel that communication from Transportation Program Manager transmitting a proposed agreement with Quakerdale of Iowa for future use of South Barclay from Independence to the Sixth Street Extension in conjunction with the Sixth Street Project, IX -6604(1)--79-07, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and and City Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-60. 95228 - Moved by Fox, seconded by Angel that communication from Transportation Program Manager transmitting recommendation of award of appraisal contract to Keith Jones Appraisal Services of Cedar Falls, Iowa, in the amount of $445.00 in conjunction with Hackett Road Bypass, IX -6585(3)--79-07, be received, placed on file and "Resolution approving said contract", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-61. 95229 - Moved by Fox, seconded by Angel that communication from Transportation Program Manager transmitting recommendation of award of appraisal contract to Keith Jones Appraisal Services of Cedar Falls, Iowa, in the amount of $900.00 in conjunction with Subsystem "M" Traffic System, be received, placed on file and "Resolution approving said contract", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-62. 95230 - Moved by Fox, seconded by Angel that communication from Assistant City Engineer transmitting Completion Report and Recommendation of Acceptance for F.Y. 1989 Black Hawk Road Storm Sewer Improvements, Contract No. 378, for work performed by Hurst & Sons Contractors, Inc., together with recommendation of approval, be received, placed on file and "Resolution approving said documents", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-63. 95231 - Moved by Fox, seconded by Angel that communication from Assistant City Engineer transmitting Maintenance Bond from Hurst & Sons Contractors, Inc. in conjunction with F.Y. 1989 Black Hawk Road Storm Sewer Improvements, Contract No. 378, be received and placed on file. Motion carried. 95232 - Moved by Fox, seconded by Angel that communication from Transportation Program Manager transmitting Completion Report and Recommendation of Acceptance for Cleveland Street Reconstruction, Contract No. 364, 6627(3)--79-07 for work performed by Cedar Valley Corporation, together with recommendation of approval, be received, placed on file and "Resolution approving said documents", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-64. 95233 - Moved by Fox, seconded by Angel that communication from Transportation Program Manager transmitting Maintenance Bond from Cedar Valley Corporation in conjunction with Cleveland Street Reconstruction, Contract No. 364, 6627(3)--79-07, be received and placed on file. Motion carried. February 5, 1990 Documents - continued 95234 - Moved by Fox, seconded by Angel Page 9 that communication from City Planner transmitting an application for Grange Heating/Atlas Painting for tax abatement for property located at 510 West 5th Street in the Washington Urban Revitalization Area (WURA) Plan, together with recommendation of approval of Planning, Programming and Zoning Commission 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: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-65. 95235 - Moved by Fox, seconded by Angel that communication from City Planner transmitting an application for Automotive Electric for tax abatement for property located at 500 West 5th Street in the Washington Urban Revitalization Area (WURA) Plan, together with recommendation of approval of Planning, Programming and Zoning Commission 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: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-66. 95236 - Moved by Fox, seconded by Angel that communication from City Planner transmitting an application for Wayne Buhr d/b/a Special Effects for property located at 915 Commercial Street in the Washington Urban Revitalization Area (WURA) Plan, together with recommendation of approval of Planning, Programming and Zoning Commission 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: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-67. 95237 - Moved by Fox, seconded by Angel that communication from City Planner transmitting an application for Swisher and Cohrt for property located at 528 West 4th Street in the Washington Urban Revitalization Area (WURA) Plan, together with recommendation of approval of Planning, Programming and Zoning Commission 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: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-68. 95238 - Moved by Fox, seconded by Angel that communication from City Planner transmitting an application for Milton R. and Cheryl J. Maledy for tax abatement for property located at 111 South Street in the West Washington Urban Revitalization Area, together with recommendation of approval of 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: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-69. 95239 - Moved by Fox, seconded by Angel that communication from City Planner transmitting an application for John Rooff Jr. for tax abatement for property located at 1905 Commercial Street in the Black Hawk Urban Revitalization Area, together with recommendation of approval of the Planning, Programming and Zoning Commission 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: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-70. February 5, 1990 Page 10 Documents - continued 95240 - Moved by Fox, seconded by Angel that communication from City Planner transmitting an application for Jim and Linda Springer for tax abatement for property located at 190 West 15th Street in the Black Hawk Urban Revitalization Area, together with recommendation of approval of the Planning, Programming and Zoning Commission 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: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-71. RESOLUTIONS TO BE ADOPTED 95241 - Moved by Buck, seconded by Angel that "Resolution authorizing certification to the County Auditor the City's expenditures that qualify for reimbursement for Tax Increment Fund (TIF)", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-72. 95242 - Moved by Buck, seconded by Angel that "Resolution rescinding Resolution No. 1989-475 authorizing sale and conveyance of property located at 121-1212 Quincy Street", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-73. 95243 - Moved by Buck, seconded by Angel that "Resolution authorizing the execution of an Inducement Resolution on behalf of C.E.S.N.E. Institute regarding the issuance of not to exceed $10,000,000 for the cost of acquiring, improving and equipping certain real estate, buildings, equipment and fixtures for use as a facility for the Headquarters of World Export & Import Mart Limited Industrial Revenue Bonds and its division Iowa Exports Center", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-74. 95244 - Moved by Buck, seconded by Angel that communication from Transportation Program Manager transmitting request to set date of hearing on sale and conveyance and taking of bids for property generally located southwest of the intersection of Greenhill Road and Rainbow Drive in conjunction with the Greenhill Road Project, be received, placed on file and "Resolution setting date of hearing as February 26, 1990, at 7:00 p.m., in the City Hall Council Chambers on the above described request", be adopted and Clerk/Auditor instructed to publish notification of same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-75. 95245 - Moved by Buck, seconded by Angel that communication from City Planner transmitting request for authorization to submit a grant to the Iowa Bureau of Historic Preservation to survey the area bounded by Franklin Street, Argyle Street, Logan Avenue and East 4th Street, be received, placed on file and "Resolution approving said request", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-76. February 5, 1990 ORDINANCES TO BE ADOPTED 95246 - Moved by Buck, seconded by Fox Page 11 that "an Ordinance establishing a "H -C" Highway Corridor Overlay District for Relocated Highway 218 as it relates to regulations for landscaping, signage and design review within the Relocated 218 Corridor", be received, placed on file, considered and passed for the third time. Prior to a vote, the following discussion was heard. Sue Fleege, 3526 Pheasant Lane, asked once again that the Council consider her recommendation regarding signage every 750 feet. Fleege continued that at the present time, this would allow her one additional sign in the corridor and an opportunity for three additional signs in the future. Hugh Copeland, representing the Gateway Committee, stated that any additional signage allowed on the corridor would jeopardize the intent of the corridor and the open -space look. Copeland asked the Council to pass the ordinance the same as the first two readings and place a two-year stoppage of any additional signs in the corridor until after the highway is constructed and opened. Greg Willshire, an account executive with Display Signs, stated that at the present time there are five structures available in the corridor with the spacing of 750 feet apart. Willshire stated that the Council should think of the business people and their ability to advertise in making this decision. Paul Jamieson, 815 West First Street, spoke against the ordinance based on residential requirement to meet requirement. Bob Stevenson, City Planner, stated that unless there was residential home, residents would not be required to meet landscaping. adoption of the the landscaping a change to the the ordinance on Following discussion the following vote was taken. Ayes: Six. Absent: Dell. Motion carried. 95247 - Moved by Buck, seconded by Fox to amend the original motion to allow rear yard signage with cover, with review of the Gateway Committee acting as the Design Review Board until said Board is appointed as specified by Ordinance, and to allow substantial changes in commercial and industrial zoning to be left up to the City Planner. Ayes: Six. Absent: Dell. Motion carried. 95248 - Moved by Buck, seconded by Angel that "an Ordinance establishing a "H -C" Highway Corridor Overlay District for Relocated Highway 218 as it relates to regulations for landscaping, signage and design review within the Relocated 218 Corridor, with the above amendments", be adopted. Ayes: Six. Absent: Dell. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3698. 95249 - Moved by Fox, seconded by Buck that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection 16-8(a), Regarding Fees for Service, of Chapter 16, Garbage and Refuse; and by enacting in lieu thereof a new Subsection 16-8(a), Regarding Fees for Service, to Chapter 16, Garbage and Refuse (increasing monthly garbage collection fees)", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Dell. Motion carried. 95250 - Moved by Buck, seconded by Angel that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 35-22-1, Notice of Property Owner, of Article III, Weeds, of Chapter 35, Vegetation; and by enacting in lieu thereof a new Section 35-22-1, Notice to Property Owner, of Article III, Weeds, of Chapter 35, Vegetation (revision to procedure notifying property owners of weed ordinance violations)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dell. Motion carried. February 5, 1990 Page 12 Ordinances to be Adopted - continued 95251 - Moved by Fox, seconded by Angel that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Dell. Motion carried. 95252 - Moved by Buck, seconded by Budak 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: Six. Absent: Dell. Motion carried. 95253 - Moved by Fox, seconded by Buck that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 35-22-1, Notice of Property Owner, of Article III, Weeds, of Chapter 35, Vegetation; and by enacting in lieu thereof a new Section 35-22-1, Notice to Property Owner, of Article III, Weeds, of Chapter 35, Vegetation (revision to procedure notifying property owners of weed ordinance violations)", be adopted. Ayes: Six. Absent: Dell. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3699. BILLS PAYMENT 95254 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pg. 1-57 in the amount of $1,271.385.85, and Schedule W900, pg. 1-16, in the amount of $40,321.99, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-77. NEW BUSINESS 95255 - Moved by Angel, seconded by Wright that communication from City Planner transmitting proposed 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, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as February 19, 1990-, at 7:00 p.m. in the City Hall Council Chambers on the above proposed amendments", be adopted and City Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1990-78. 95256 - Moved by Buck, seconded by Budak that communication from Clerk/Auditor's Office transmitting request for City participation in funding for the Metro Funding Coordinating Council's study of human service needs in Black Hawk County, not to exceed $15,000, be received, placed on file and "Resolution approving said funding", be adopted. Prior to the vote the following discussion was heard. John Desmond, representing the Metro Funding Organization, spoke of the history of the process of the Metro Funding Coordinating Council's study on human service needs in Black Hawk County. Desmond stated that the money being spent for the study is only one five hundredths of 1 percent of all the money spent on human service needs in one year in the county. Desmond stated that this study is not a study to be put on the shelf but an action plan for the future of human service needs in the community. He stated that the study would be a final analysis on where the money should be spent and a possibility of coordinating all human service needs being funded as a cooperative effort. February 5, 1990 Page 13 New Business - continued Leon Mosley, 99 John Street, spoke on behalf of the proposal of funding a Metro Funding Coordinating Council study for human service needs. Councilperson Angel stated that she felt that the money would be well spent. Councilperson Wright stated that she had a problem with the money being spent for a study and that a study was proposed being done on needs that the Council already knows the answers to. Following discussion, the following vote was taken: Ayes: Five. Nays: Wright. Absent: Dell. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1990-79. Travel Requests 95257 - Moved by Fox, seconded by Wright that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Herman Wenzel, Assistant Fire Chief, and Darryl Hartema, Civilian Mechanic, to attend Waterous Mechanics Seminar in St. Paul, Minnesota, on February 20-23, 1990, with costs not to exceed $475, including the use of City vehicle. 2. Dennis Gentz, Assistant City Engineer, to attend 31st Annual Asphalt Paving Association of Iowa Workshop in Des Moines, Iowa, on March 1-2, 1990, with costs not to exceed $127.50, including the use of City vehicle. 3. Ron Adams, Technician, to attend Seaman Nuclear Corporation Soil and Asphalt Compaction Testing Seminar in Oak Creek, Wisconsin, on February 16, 1990, with costs not to exceed $322.50. 4. Bill Bachman, Superintendent of Planning, to attend International Golf Course Conference and Trade Show in Orlando, Florida, on February 19-27, 1990, with costs not to exceed $1,100. 5. Paul Huting, Superintendent of Resources, to attend Great Lakes Park Training Institute in Angola, Indiana, on February 18-22, 1990, with costs not to exceed $300.00. 6. Jim Knavel, Street Foreman, Craig Hild, Equipment Operator I, and Steve Crook, Equipment Operator I, to attend Asphalt Paving Association of Iowa 31st Annual Workshop in Des Moines, Iowa, on March 1-2, 1990, with costs not to exceed $343.00, including the use of City vehicle. 7. Larry Burger, Clerk/Auditor, to attend Government Finance Officers Association Eighty-fourth Annual Conference in Cincinnati, Ohio, on April 28 - May 2, 1990, with costs not to exceed $1,171.00. Motion carried. MISCELLANEOUS 95258 - Moved by Fox, 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 and the following cigarette license permit application and extension on going -out -of -business permit be received, placed on file and approved: 1. Beer License Permit Application Class C R & D Pronto Market, 3012 Ansborough Avenue (New Owner) (Expires 2/7/91) (Includes Sunday Sales) February 5, 1990 Page 14 Miscellaneous - continued 2. Beer & Wine License Permit Application Class E Hy -Vee, 3808 University Avenue (Renewal) (Expires 3/15/91) (Includes Sunday Sales) 3. Liquor License Permit Application Class E Hy -Vee, 3808 University Avenue (Renewal) (Expires 3/23/91) (Includes Sunday Sales) Cigarette License Permit Application One (1) 30 -day Extension of Going -out -of -Business Permit (February 8 - March 10, 1990. Petra Furs, 182 West 4th Street Motion carried. BONDS 95259 - Moved by Angel, seconded by Buck that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through February 5, 1990, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 95260 - Shirley Koslowski, representing the League of Women Voters, asked that in the future the Council consider changing the Council meeting held on the Monday of the Precinct Caucuses to allow political representatives to attend their caucus meetings. She stated that every year a Council meeting is held on the same Monday as the Precinct Caucuses. Consideration will be given to reschedule Council meetings so that they do not conflict with the Precinct Caucuses. Moved by Buck, seconded by Fox that the above comments be received, placed on file and approved and that the City Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor