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HomeMy WebLinkAbout01/02/90January 2, 1990 The Council of the City of Waterloo, Iowa, met in Organizational Council Meeting at City Hall Council Chambers, Waterloo, Iowa, at 11:00 a.m. on January 2, 1990. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Buck, Wright, Budak, Brown. Absent: Angel. District Judge Roger Peterson administered the Oath of Office to Mayor Bernard L. McKinley. Mayor McKinley now in the Chair. 95018 - Mayor McKinley administered the Oath of Office to the following Council Members Elect: Council Member, at Large - Robert Brown Council Member, at Large - Sammie Dell Council Member, First Ward - Dave Buck Council I4ember, Second Ward - Josef Fox Council Member, Fourth Ward - Willie Mae Wright Council Member, Fifth Ward - Tony Budak Moved by Buck, seconded by Wright to receive and place on file the Oaths of Office of the Mayor and City Council Members. Motion carried. 95019 - Mayor McKinley called Father Dean Walz, Sacred Heart Church, to the microphone and asked for an Invocation. Mayor McKinley stated that this is the first time since 1972 that the entire Slate of Council Candidates have been re-elected to the same position. He stated that this was a sign of a stable government and looked forward to again working with the City Council during the 1990-1991 term. Moved by Wright, seconded by Budak that Larry P. Burger be appointed as City Clerk/Auditor/Treasurer be received, placed on file and approved. Motion carried. 95020 - Moved by Buck, seconded by Dell that Robert Brown be reappointed as Mayor Pro -Tem, 1990-1991, be received, placed on file and approved. Motion carried. 95021 - Moved by Budak, seconded by Brown that communication from Mayor McKinley transmitting the extension of appointment of Roger Shook as Chief of Police through April 9, 1990, be received, placed on file and approved. Motion carried. 95022 - Moved by Buck, seconded by Dell that communication from Mayor McKinley transmitting the appointment of Bernel Koehrsen, Jr. as Chief of Police effective April 9, 1990, be received, placed on file and approved. Motion carried. 95023 - Moved by Dell, seconded by Brown that communication from Mayor Bernie McKinley transmitting reappointment of the following Department Heads, be received, placed on file and approved: Stan Stapella Chief of Waterloo Fire Department Hugh Field, City Attorney Eric Thorson, City Engineer Motion carried. _January 2-, 1990-- 95024 - Moved by Fox, seconded by Wright Page 2 that communication from Larry P. Burger, City Clerk/Auditor/Treasurer, transmitting the reappointment of the following, be received, placed on file and approved: Michelle Temeyer, Deputy City Clerk/Auditor/Treasurer Tom Campbell, Deputy City Clerk/Auditor/Treasurer Motion carried. 95025 - Moved by Brown, seconded by Budak that the following current Council Standing Committees be extended to February 5, 1990, be received, placed on file and approved: Finance Reorganization Chairperson - Rose Angel Chairperson - Tony Budak Willie Mae Wright Rose Angel Dave Buck Willie Mae Wright Building & Grounds Chairperson - Willie Mae Wright Robert Brown Josef Fox Public Safety Chairperson - Sammie Dell Dave Buck Tony Budak Public Works Ordinances Chairperson - Robert Brown Chairperson - Mayor Pro -Tem Sammie Dell Entire Council Josef Fox Motion carried. 95026 - Moved by Buck, seconded by Brown that communication from Larry P. Burger, City Clerk/Auditor, transmitting surety bonds from Northwestern National Insurance Company in the amounts of $5,000 for all City employees, $45,000 additional for City Clerk/Auditor/ Treasurer, $20,000 additional each for the two Deputy Clerk/Auditor/Treasurers and additional Clerks in Clerk/Auditor/Treasurer's Office, be received, placed on file and approved. Motion carried. 95027 - Moved by Budak, seconded by Wright that "Resolution naming National Bank of Waterloo, Waterloo Savings Bank, Peoples Bank and Trust Company, Statesman Bank for Savings, MidAmerica Savings Bank, Public Employees Credit Union and John Deere Community Credit Union as depositories for the City of Waterloo", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-1. 95028 - Moved by Dell, seconded by Wright that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor January 2, 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 January 2, 1990. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Buck, Wright, Budak, Brown. Absent: Angel. Invocation by: Mayor Bernie McKinley Pledge of Allegiance: Boy Scout Troop 95029 - Moved by Buck, seconded by Wright that the Agenda, as proposed, for the Regular Session on January 2, 1990, at 7:00 p.m. and the Minutes of the Regular Session on December 18, 1989, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS 95030 - Moved by Buck, seconded by Fox that proof of publication of notice of public hearing and notice to bidders for Greenhill Road Pedestrian/Bikeway Facility, IX -6585(9)--79-07, as published in the Waterloo Courier on December 22, 1989, be received and placed on file. Motion carried. 95031 - 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 Buck that "Resolution authorizing to proceed on said project", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-2. 95032 - Moved by Fox, seconded by Dell that proof of publication of notice of public hearing on request of Gary Bertch to reduce the platted building line on Tract K in Cedar Crest Addition for Bertch Cabinet Manufacturing, 4747 Crestwood Drive, to construct a bulk resin storage structure, as published in the Waterloo Courier on December 22, 1989, be received and placed on file. Motion carried. 95033 - 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 Buck, seconded by Brown 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. 95034 - Moved by Fox, seconded by Dell that "an Ordinance reducing the platted building line on Tract K in Cedar Crest Addition for Bertch Cabinet Manufacturing, 4747 Crestwood Drive, to construct a bulk resin storage structure", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Angel. Motion carried. 95035 - Moved by Budak, seconded by Brown that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Angel. Motion carried. 95036 - Moved by Brown, 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: Six. Absent: Angel. Motion carried. January 2, 1990 Page 2 Hearings - continued 95037 - Moved by Dell, seconded by Budak that "an Ordinance reducing the platted building line on Tract K in Cedar Crest Addition for Bertch Cabinet Manufacturing, 4747 Crestwood Drive to construct a bulk resin storage structure", be adopted. Ayes: Six. Absent: Angel. Ordinance adopted and upon approval by Mayor assigned No. 3686. 95038 - Moved by Budak, seconded by Brown that proof of publication of notice of public hearing on request of Hill Building Company to sell and convey property generally located adjacent to Salvation Army on Franklin and Logan Avenues previously conveyed in 1971 for title opinion purposes as a part of the urban renewal project, as published in the Waterloo Courier on December 8 and December 15, 1989, be received and placed on file. Motion carried. 95039 - 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 Fox, seconded by Wright that the hearing be closed. Motion carried. 95040 - Moved by Buck, seconded by Dell that "Resolution authorizing sale and conveyance of property generally located adjacent to the Salvation Army on Franklin and Logan Avenues, previously conveyed in 1971 for title opinion purposes as part of the urban renewal project", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-3. 95041 - Moved by Fox, seconded by Buck that proof of publication of notice of public hearing on site plan amendment request of Kimball Avenue Drug Store to allow a proposed addition to existing building located in the Kimball Ridge Shopping Center, as published in the Waterloo Courier on December 22, 1989, be received and placed on file. Motion carried. 95042 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Kathy Oberle, 710 Forest Avenue, questioned the parking that would be eliminated by the proposed construction of the Drug Store and its affect on the parking at the Shopping Center. Don Temeyer, Planning and Development, stated that parking spaces in the rear of the Shopping Center and fire lane are counted in the overall parking spaces at the Shopping Center. A fire lane is not required by the City's fire code and therefore has been counted as a part of the total space. Moved by Brown, seconded by Buck that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral comments be received and placed on file. Motion carried. 95043 - Moved by Buck, seconded by Dell that "Resolution approving site plan amendment request of Kimball Avenue Drug Store to allow a proposed addition to existing building located in the Kimball Ridge Shopping Center", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-4. January 2, 1990 Page 3 Hearings - continued 95044 - Moved by Wright, seconded by Buck that proof of publication of notice of public hearing on request of Lyle Ernster to vacate the eight (8) foot platted utility easements between Lots 24 and 25 in Warren-Ernster Addition and to dedicate the eight (8) foot platted utility easements between Lots 23 and 24 in Warren-Ernster Addition, as published in the Waterloo Courier on December 22, 1989, be received and placed on file. Motion carried. 95045 - 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 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. 95046 - Moved by Dell, seconded by Brown that "an Ordinance vacating the eight (8) foot platted utility easements between Lots 24 and 25 in Warren-Ernster Addition", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Angel. Motion carried. 95047 - 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: Angel. Motion carried. 95048 - Moved by Wright, seconded by Brown 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: Angel. Motion carried. 95049 - Moved by Budak, seconded by Wright that "an Ordinance vacating the eight (8) foot platted utility easements between Lots 24 and 25 in Warren-Ernster Addition", be adopted. Ayes: Six. Absent: Angel. Ordinance adopted and upon approval by Mayor assigned No. 3687. PETITIONS FROM PUBLIC 95050 - Moved by Buck, seconded by Wright that communication from City Engineer transmitting request of Covenant Medical Center for temporary concrete driveway to be located at 3421 West Ninth Street, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-5. DOCUMENTS 95051 - Moved by Wright, seconded by Brown that communication from Transportation Program Manager transmitting Certificate of Completion and Final Acceptance of Agreement Work for work performed by U.S. West Communications in conjunction with Independence Avenue Reconstruction, IX -6600(2)--79-07, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-6. January 2, 1990 Page 4 Documents - continued 95052 - Moved by Wright, seconded by Brown that communication from City Planner/Transportation Program Manager transmitting recommendation of award of contract to Appraisal Associates Company of Cedar Rapids for partial and temporary acquisitions for right-of-way in conjunction with the Sixth Street Extension, together with recommendation of approval, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-7. 95053 - Moved by Wright, seconded by Brown that communication from City Planner/Transportation Program Manager transmitting Statement of Completion and Final Acceptance of Work for work performed by Allied Construction in conjunction with Independence Avenue Reconstruction, IX -6600(2)--79-07, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-8. 95054 - Moved by Wright, seconded by Brown that communication from Assistant City Engineer transmitting acceptance of plat improvements for Audubon Park Third Addition and a two year Maintenance Bond from Cedar Valley Corporation, be received, placed on file and approved. Motion carried. 95055 - Moved by Wright, seconded by Brown that communication from Transportation Program Manager transmitting agreement for field survey with Brice, Petrides -Donohue Co. for future sale of excess right-of-way located between University Avenue and Maynard Avenue, east of Greenhill Road in conjunction with Hackett Road Bypass IX -6585(7)--79-07, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-9. ORDINANCES TO BE ADOPTED 95056 - Moved by Dell, seconded by Wright that "an Ordinance amending the 1988 Traffic Code by adding Subsection (48a) Donald St. to Section 540, Obedience to Official Traffic -Control Devices (allow for the installation of a pedestrian crosswalk on Donald Street just north of Allen Hospital)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Angel. Motion carried. 95057 - Moved by Brown, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Angel. Motion carried. 95058 - Moved by Fox, 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: Angel. Motion carried. 95059 - Moved by Wright, seconded by Brown that "an Ordinance amending the 1988 Traffic Code by adding Subsection (48a) Donald St. to Section 540, Obedience to Official Traffic -Control Devices (allow for the installation of a pedestrian crosswalk on Donald Street just north of Allen Hospital)", be adopted. Ayes: Six. Absent: Angel. Ordinance adopted and upon approval by Mayor assigned N . 3688. January 2, 1990 Page 5 Ordinances to be Adopted - continued 95060 - Moved by Buck, seconded by Dell that "an Ordinance amending the 1988 Traffic Code by adding Subsection (24b) Birmingham Avenue to Section 551, Parking Prohibited At All Times on Certain Streets (prohibit parking on the westerly side of Birmingham Avenue from Hawthorne Avenue to Regal Avenue)", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Angel. Motion carried. 95061 - Moved by Fox, seconded by Brown that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Angel. Motion carried. 95062 - Moved by Wright, seconded by Fox that the following ordinance be recorded as having been considered and passed for the third time and now placed on its final adoption. Ayes: Six. Absent: Angel. Motion carried. 95063 - Moved by Hudak, seconded by Brown that "an Ordinance amending the 1988 Traffic Code by adding Subsection (24b) Birmingham Avenue to Section 551, Parking Prohibited At All Times on Certain Streets (prohibit parking on the westerly side of Birmingham Avenue from Hawthorne Avenue to Regal Avenue)", be adopted. Ayes: Six. Absent: Angel. Ordinance adopted and upon approval by Mayor assigned No. 3689. 95064 - Moved by Wright, seconded by Dell that "an Ordinance Amending Chapter 20, Human Relations, of the 1988 Code of Ordinances of the City of Waterloo: by adding Subsection (t) Familial Status to Section 20-3, Definitions; and by repealing Subsections (a), (b) and (c) of Section 20-9, Unfair or Discriminatory Practices; Housing; and enacting in lieu thereof new Subsections (a), (b) and (c) of Section 20-9, Unfair or Discriminatory Practices; Housing; and by adding Subsections (9) and (10) to Subsection (e) of Section 20-9, Unfair or Discriminatory Practices; Housing (changes to Human Rights Commission Ordinance)", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Angel. Motion carried. 95065 - Moved by Dell, seconded by Buck that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Angel. Motion carried. 95066 - Moved by Brown, seconded by Wright that the following ordinance be recorded as having been considered and passed for the third time and now placed on its final adoption. Ayes: Six. Absent: Angel. Motion carried. 95067 - Moved by Wright, seconded by Dell that "an Ordinance Amending Chapter 20, Human Relations, of the 1988 Code of Ordinances of the City of Waterloo: by adding Subsection (t) Familial Status to Section 20-3, Definitions; and by repealing Subsections (a), (b) and (c) of Section 20-9, Unfair or Discriminatory Practices; Housing; and enacting in lieu thereof new Subsections (a), (b) and (c) of Section 20-9, Unfair or Discriminatory Practices; Housing; and by adding Subsections (9) and (10) to Subsection (e) of Section 20-9, Unfair or Discriminatory Practices; Housing (changes to Human Rights Commission Ordinance)", be adopted. Ayes: Six. Absent: Angel. Ordinance adopted and upon approval by Mayor assigned No. 3690. January 2, 1990 Page 6 Ordinances to be Adopted - continued 95068 - Moved by Fox, seconded by Wright that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection 9-2, Amendments to Building Code, of Chapter 9, Buildings; and by enacting in lieu thereof a new Subsection 9-2, Amendments to Building Code, of Chapter 9, Buildings (proposed increases in building permit fees)", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Angel. Motion carried. 95069 - 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: Angel. Motion carried. 95070 - Moved by Brown, seconded by Dell that the following ordinance be recorded as having been considered and passed for the third time and now placed on its final adoption. Ayes: Six. Absent: Angel. Motion carried. 95071 - Moved by Budak, seconded by Wright that "an Ordinance amending the 1988 Code of ,Ordinances of the City of Waterloo, Iowa, by repealing Subsection 9-2, Amendments to Building Code, of Chapter 9, Buildings; and by enacting in lieu thereof a new Subsection 9-2, Amendments to Building Code, of Chapter 9, Buildings (proposed increases in building permit fees)", be adopted. Ayes: Six. Absent: Angel. Ordinance adopted and upon approval by Mayor assigned No. 3691. BILLS PAYMENT 95072 - Moved by Buck, seconded by Fox that "Resolution approving A918, pp. 1-40, in the amount of $752,235.53, and Schedule W900, pp. 1-5, in the amount of $7,674.54, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-10. NEW BUSINESS 95073 - Moved by Dell, seconded by Fox that communication for City Planner transmitting communication from the Gateway Committee requesting establishment of an "H -C" Highway Corridor Overlay District for Relocated Highway 218, which includes additional regulations for landscaping, signage, and design review within the corridor, 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 16, 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 notice of same. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1990-11. Travel Requests 95074 - Kathy Oberle, 710 Forest Avenue, questioned the travel request for Police Sergeant Karlton Dyke. She asked whether any other City staff were qualified in the area of grant writing. Roger Shook, Police Chief, stated that grant writing for the Police Department is unique to the field as are all grant writers. Al Manning, 919 Fairview Avenue, asked what efforts are being made to bring seminars to our community. Mayor McKinley stated that this is an on-going effort with the Waterloo Convention & Visitors Bureau. January 2, 1990 Page 7 Travel Requests - continued Moved by Wright, seconded by Fox that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Susan Vaughn, Special Projects/Operation Pride Coordinator to attend the Leadership and Motivational Skills for Supervisors Seminar in Ames, Iowa, on February 14 and 15, 1990, with costs not to exceed $370, including the use of a City vehicle. 2. Karlton Dyke, Police Sergeant, to attend Grant Writing & Proposal Seminar in Kansas City, Missouri on January 21-26, 1990, with costs not to exceed $915, including the use of a City vehicle. Motion carried. MISCELLANEOUS 95075 - Moved by Dell, seconded by Fox 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 that the following applications for Massage Technician Permit and 30 day extension of Going -Out -of -Business Permit, be received, placed on file and approved: 1. Beer License Permit Application Class E Pistol Pete's, 1020 Franklin Street (New) (Expires 1/02/91) (Includes Sunday Sales) Food 4 Less, 3731 University Avenue (Renewal) (Expires 1/11/91) (Includes Sunday Sales) 2. Beer. License Permit Application Class C Big 10 Mart, 127 Jefferson Street (Renewal) (Expires 1/13/91) (Includes Sunday Sales) 3. Beer/Wine Permit Application Class E G & G Fuel Stop, .325 Franklin Street (Renewal) (Expires 1/08/91) (Includes Sunday Sales) 4. Beer and Liquor License Permit Application Class C The Bar LTD, 903 Sycamore Street (Renewal) (Expires 1/04/91) (Includes Sunday Sales) Application for Massage Technician Permit Wayne C. Wilson, 603 Kirkwood 30 -Day Extension of Going -out -of -Business Permit Petra Furs, Inc., 182 West 4th Street Motion carried. BONDS 95076 - Moved by Buck, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through January 2, 1990, be received, placed on file and report and bonds approved. Motion carried. January 2, 1990 Page 8 ORAL PRESENTATIONS 95077 - A citizen asked why the Council read all three readings of an ordinance when on cable TV it was suggested that only the first reading would be read by the Council. Mayor McKinley stated that the Council may, based upon public sentiment, read an ordinance for its entire three readings at one meeting. If the item is controversial, in most cases, the Council does not suspend rules at the meeting when the first reading is read. Moved by Buck, seconded by Brown that the above oral comments be received and placed on file. Motion carried. ADJOURNMENT 95078 - Moved by Buck, seconded by Brown that the Council Adjourn. Motion carried. Larry P. Burger City Clerk/Auditor