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Home My WebLink About12/16/91December 16, 1991 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 7:00 p.m., on December 16, 1991. Mayor Bernard L. McKinley in the Chair. Roll Call: Fox, Buck, Budak, Brown. Absent: Dell, Angel, Wright. Invocation by: Councilperson Dave Buck Pledge of Allegiance: Councilperson Bob Brown 98666 - Moved by Buck, seconded by Budak that the Agenda, as proposed, for the Regular Session on Monday, December 16, 1991, at 7:00 p.m., and the Minutes of the Regular Session on Monday, December 9, 1991, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS 98667 - Moved by Buck, seconded by Brown that proof of publication of notice of public hearing on request of A. D. Trebon to reduce the platted building line for property generally located between West Fourth Street and Chickadee Ct. on Lot 28, Audubon Park First Addition, as published in the Waterloo Courier on December 3, 1991 be received and placed on file. Motion carried. 98668 - 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 Budak, 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. 98669 - Moved by Fox, seconded by Buck that "an Ordinance reducing the platted building line for property generally located between West Fourth Street and Chickadee Ct. on Lot 28, Audubon Park First Addition", be received, placed on file, considered and passed for the first time. Ayes: Four. Absent: Dell, Angel, Wright. Motion carried. 98670 - Moved by Buck, seconded by Brown that proof of publication of notice of public hearing on request of Allison Gardner to rezone from "R-2" One and Two Family Residence District to "C -Z" Conditional Zoning property located at 932 Reed Street to operate an upholstery shop, as published in the Waterloo Courier on December 3, 1991, be received and placed on file. Motion carried. 98671 - 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 Budak 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. 98672 - Moved by Buck, seconded by Budak that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 33 to Section 2A -7N Conditional Zoning Certain Property to rezone from "R-2" One and Two Family Residence District to "C -Z" Conditional Zoning property generally located at 932 Reed Street", be received, placed on file, considered and passed for the first time. Ayes: Four. Absent: Dell, Angel, Wright. Motion carried. December 16, 1991 Page 2 Hearings - continued 98673 - Moved by Buck, seconded by Budak that proof of publication of notice of public hearing on amendments to the Long Range Land Use Plan for the City of Waterloo as it pertains to 601 through 701 Cedar Bend Street, Crossroads Estates Subdivision and 26 acres along the east side of Logan Avenue, south of Ralston Road, as published in the Waterloo Courier on December 3, 1991, be received and placed on file. Motion carried. 98674 - 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 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. 98675 - Moved by Budak, seconded by Brown that "Resolution amending the Long Range Land Use Plan for the City of Waterloo as it pertains to 601 through 701 Cedar Bend, Crossroads Estates Subdivision and 26 acres along the east side of Logan Avenue, south of Ralston Road", be adopted. Ayes: Four. Absent: Dell, Angel, Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-799. REPORTS 98676 - Moved by Brown, seconded by Buck that Waterloo Housing Authority Ridgeway Towers and Section 8 Waterloo Housing Certificate Program --November 1991 be received and placed on file. Motion carried. DOCUMENTS 98677 - Moved by Budak, seconded by Buck that communication from Planning and Development Director transmitting an agreement with Cedar Valley Partnership to provide technical and professional assistance in conjunction with economic development of Waterloo and the Cedar Valley area, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Four. Absent: Dell, Angel, Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-800. 98678 - Councilperson Brown asked that a report be provided explaining each of the Change Orders for this project and the reason for the Change Order, noting whether it was a change by the City or something missed in the original specifications. Moved by Budak, seconded by Buck that communication from Clerk/Auditor transmitting Change Order No. 9 for net increase of $5,017.00 for a dropped ceiling, door and frame, and painting to be performed by Don Gardner Construction of Waterloo, Iowa for the Renovation of Police Department and Planning and Development Division, be received, placed on file and approved and Deputy Clerk/Auditor authorized to execute same. Motion carried. December 16, 1991 Page 3 RESOLUTIONS TO BE ADOPTED 98679 - Moved by Brown, seconded by Buck that "Resolution certifying to the County Auditor expenditures that qualify for reimbursement for the Tax Increment Fund (TIF) in conjunction with the Rath Tax Increment Redevelopment Area", be adopted. Ayes: Four. Absent: Dell, Angel, Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-801. ORDINANCES TO BE ADOPTED 98680 - Larry Herzog, 660 Riehl Street, reported that he had received a speeding violation on the newly opened portion of Washington Street for ten miles over the posted 35 mph speed limit. He stated that this was an unreasonably slow speed that had been set by unelected officials. He stated that after receiving the ticket, he attempted, after many tries, to find out who is responsible for setting the speed limit. His investigation found that the City Council had not acted on the speed limit request but that it had been set by Department of Transportation officials. He asked that someone review the situation, make a recommendation on the speed limit and adopt the necessary legislation. Mayor McKinley stated that when the entire highway is completed, the speed limit will be 55 mph. It was determined that staff will work with Department of Transportation officials to determine the speed during the construction phase and assist them with a traffic analysis. Bill Lemke, 149 Madison Street, stated that during construction the 35 mph speed limit is mandatory. Moved by Budak, seconded by Buck that "an Ordinance amending the 1988 Traffic Code by repealing Subsection (101) Washington Street of Section 541, Increasing Speed Limits in Certain Areas; and enacting in lieu thereof a new Subsection (101) Washington Street of Section 541, Increasing Speed Limits in Certain Areas (establishing speed limits on newly opened segment of Washington Street/Highway 218)", be received, placed on file, considered and passed for the first time. Ayes: Four. Absent: Dell, Angel, Wright. Motion carried. BILLS PAYMENT 98681 - Moved by Budak, seconded by Brown that "Resolution approving Schedule A918, pp. 1-61, dated December 16, 1991, in the amount of $1,251,522.52, copies of which are on file in the Clerk/Auditor's Office", be adopted, with Councilperson Joe Fox abstaining from voting on Payment Voucher No. 56364 totaling $6.00 and Councilperson Dave Buck abstaining from voting on the following Payment Vouchers totaling $2,536.18: 55779, 56367, 56187, 56006, 53440, 53433, 55465, 55533, 55358, 55365, 47380, 55077, 47380, 55088, 55691, 55290, 55193, 55533, 55487, 54885, and 53437. Ayes: Four. Absent: Dell, Angel, Wright. Resolution adopted and upon approval by Mayor assigned No. 1991-802. 98682 - Moved by Brown, seconded by Buck that the following be received, placed on file and approved: 1. Recommendation from Public Works Director John Meyer to accept the bid of Inter -City Janitorial Services in the amount of $239.00 per month to provide custodial services for the Central Garage and Public Works Administration offices. 2. Request of Fire Chief Stan Stapella to purchase software program for Waterloo Fire Rescue Medical Division for billing of ambulance services. December 16, 1991 Page 4 Bilis Payment - continued 3. Recommendation from Police Chief Bernal Koehrsen to accept the bid of Lincoln's Office Supply for office furniture. Motion carried. NEW BUSINESS 98683 - Moved by Buck, seconded by Fox that communication from City Engineer transmitting recommendation of appointment of Brad Schneider to the position of Draftsperson, subject to passing physical examination, be received, placed on file and approved. Motion carried. 98684 - Moved by Buck, seconded by Fox that communication from Mayor Bernie McKinley transmitting recommendation of reappointment of Earl Spencer, Martha Maxon and Michael Broshar to the Historical Preservation Commission for another three year term, with term expiration date of April 1, 1994, be received, placed on file and approved. Motion carried. 98685 - Moved by Buck, seconded by Fox that communication from Mayor Bernie McKinley transmitting recommendation of appointment of Gary Iversen to the Historical Preservation Commission, with term expiration date of April 7, 1994, be received, placed on file and approved. Motion carried. Travel Requests 98686 - Moved by Brown, seconded by Budak that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Dennis Gentz, Assistant City Engineer, to attend the More Effective Supervisor Seminar in Cedar Rapids, Iowa, on February 5, 1992, with costs not to exceed $140.00, including the use of city vehicle. 2. Harold Waschkat, Chief Plumbing Inspector, to attend 1991 Uniform Plumbing Code Seminar in Des Moines, Iowa, on January 9-10, 1992, with costs not to exceed $195.00, including the use of city vehicle. Motion carried. MISCELLANEOUS 98687 - Moved by Brown, seconded by Budak that the following beer and liquor license permit applications be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and application for cigarette license and massage technician permit (subject to verification of training hours) be received, placed on file and approved: 1. Beer & Liquor License Permit Application Class C Kum & Go, 2900 Falls Avenue (Renewal) (Expires 2/26/93) (Includes Sunday Sales) Ground Round, 1425 E. San Marnan Drive (Renewal) (Expires 11/27/92) (Includes Sunday Sales) The Board Room, 504 Sycamore Street (Renewal) (Expires 12/3/92) (Includes Sunday Sales) 2. Beer & Liquor License Permit Application Class E Adams Supermarket, 1010 E. Mitchell Avenue (Renewal) (Expires 1/9/93) December 16, 1991 Page 5 Miscellaneous - continued 3. Liquor License Permit Application Class E Stokes' Mart, 1611 E. 4th Street (Renewal) (Expires 12/20/92) Cigarette Permit Application One (1) Application for Massage Technician Permit Judith A. Sinnwell, 3390 Windsor, Dubuque, Iowa Motion carried. BONDS 98688 - Moved by Buck, seconded by Budak that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through December 16, 1991, be received, placed on file and report and bonds approved. Motion carried. 98689 - City Attorney James Walsh stated that threatened litigation is an approved topic of Executive Session as authorized by Iowa Code, Section 20.16 Moved by Buck, seconded by Brown that the Council adjourn to Executive Session. Ayes: Four. Absent: Dell, Angel, Wright. Motion carried. EXECUTIVE SESSION 98690 - Moved by Buck, seconded by Budak that the Council adjourn the Executive Session. Ayes: Four. Absent: Dell, Angel, Wright. Motion carried. ADJOURNMENT 98691 - Moved by Brown, seconded by Budak that the Council adjourn at 7:50 p.m. Motion carried. Larry P. Burger City Clerk/Auditor