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HomeMy WebLinkAbout07/08/91,71.ly 8; 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 July 8, 1991. Mayor Bernard L. McKinley in the Chair. Roll Call: Fox, Angel, Buck, Wright, Budak, Brown. Absent: Dell. Invocation by: Mayor Bernie McKinley Pledge of Allegiance: Councilperson Dave Buck 97722 - Moved by Buck, seconded by Wright that the Agenda, as amended, for the Regular Session on July 8, 1991, at 7:00 p.m., and the Minutes of the Regular Session on July 1, 1991, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS 97723 - Moved by Wright, seconded by Angel that proof of publication of notice of public hearing on request of National Cattle Congress to vacate the sidewalk adjoining their property at 307 Rainbow Drive, as published in the Waterloo Courier on June 26, 1991, be received and placed on file. Motion carried. 97724 - 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. 97725 - Moved by Budak, seconded by Buck that "an Ordinance vacating the sidewalk adjoining property at 307 Rainbow Drive", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dell. Motion carried. 97726 - Moved by Buck, 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. 97727 - 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: Dell. Motion carried. 97728 - Moved by Angel, seconded by Wright that "an Ordinance vacating the sidewalk adjoining property at 307 Rainbow Drive", be adopted. Ayes: Six. Absent: Dell. Ordinance adopted and upon approval by Mayor assigned No. 3798. 97729 - Moved by Fox, seconded by Wright that proof of publication of notice of public hearing on request of Henry Anderson to vacate a portion of the twenty-five (25) foot platted building line along the west side of 253 Upland Drive, as published in the Waterloo Courier on June 26, 1991, be received and placed on file. Motion carried. 97730 - 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 Wright, 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. July 8, 1991 Page 2 Hearings - continued 97731 - Moved by Buck, seconded by Angel that "an Ordinance vacating a portion of the twenty-five (25) foot platted building line along the west side of 253 Upland Drive", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dell. Motion carried. 97732 - 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. 97733 - Moved by Brown, 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. 97734 - Moved by Fox, seconded by Buck that "an Ordinance vacating a portion of the twenty-five (25) foot platted building line along the west side of 253 Upland Drive", be adopted. Ayes: Six. Absent: Dell. Ordinance adopted and upon approval by Mayor assigned No. 3799. 97735 - Moved by Budak, seconded by Brown that proof of publication of notice of public hearing on request of Thomas G. Friedman to vacate the sidewalk adjoining his property at 1047 Thorndale Avenue, as published in the Waterloo Courier on June 27, 1991, be received and placed on file. Motion carried. 97736 - 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. 97737 - Moved by Fox, seconded by Brown that "an Ordinance vacating the sidewalk adjoining property at 1047 Thorndale Avenue", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dell. Motion carried. 97738 - Moved by Brown, 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. 97739 - Moved by Angel, 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. 97740 - Moved by Wright, seconded by Brown that "an Ordinance vacating the sidewalk adjoining property at 1047 Thorndale Avenue", be adopted. Ayes: Six. Absent: Dell. Ordinance adopted and upon approval by Mayor assigned No. 3800. July 8, 1991 Page 3 Hearings - continued 97741 - Moved by Buck, seconded by Fox that proof of publication of notice of public hearing on request of B.D.E. Company to vacate the sidewalk adjoining their property at 919 Chalmer Avenue, as published in the Waterloo Courier on June 25, 1991, be received and placed on file. Motion carried. 97742 - 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 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. 97743 - Moved by Budak, seconded by Brown that "an Ordinance vacating the sidewalk adjoining property located at 919 Chalmer Avenue", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dell. Motion carried. 97744 - Moved by Angel, seconded by Buck that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Dell. Motion carried. 97745 - Moved by Wright, 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: Dell. Motion carried. 97746 - Moved by Brown, seconded by Wright that "an Ordinance vacating the sidewalk adjoining property located at 919 Chalmer Avenue", be adopted. Ayes: Six. Absent: Dell. Ordinance adopted and upon approval by Mayor assigned No. 3801. 97747 - Moved by Buck, seconded by Wright that proof of publication of notice of public hearing on request of R. J. Witham and UTE City to vacate, sell and convey portions of the cul-de-sac on Pheasant Lane for an extension of Pheasant Lane to West San Marnan Drive, as published in the Waterloo Courier on June 25, 1991, be received, placed on file, considered and passed for the first time. Motion carried. 97748 - 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 the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 97749 - Moved by Buck, seconded by Budak that "an Ordinance vacating portions of the cul-de-sac on Pleasant Lane for extension of Pheasant Lane to West San Marnan Drive", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dell. Motion carried. July 8, 1991 Page 4 Hearings - continued 97750 - 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: Dell. Motion carried. 97751 - 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. 97752 - Moved by Angel, seconded by Brown that "an Ordinance vacating portions of the cul-de-sac on Pleasant Lane for extension of Pheasant Lane to West San Marnan Drive", be adopted. Ayes: Six. Absent: Dell. Ordinance adopted and upon approval by Mayor assigned No. 3802. 97753 - Moved by Fox, seconded by Buck that "Resolution authorizing the sale and conveyance of portions of the cul-de-sac on Pheasant Lane to R. J. Witham and UTE City", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-398. 97754 - Moved by Budak, seconded by Wright 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 relates to the seventeen (17) block Rath Tax Increment Finance District, generally bounded by Cedar River, Franklin Street, E. 18th Street and E. llth Street, as published in the Waterloo Courier on June 25, 1991, be received and placed on file. Motion carried. 97755 - 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 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. 97756 - Moved by Buck, seconded by Fox that "Resolution approving said amendments to the Long Range Land Use Plan for the City of Waterloo, Iowa", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1999-399. 97757 - Moved by Wright, seconded by Angel that proof of publication of notice of public hearing on request of Crystal Distribution Services to rezone from "M-2" Heavy Industrial District and "U-1" Unclassified District to "M-1" Light Industrial District property generally located within the seventeen (17) block Rath Tax Increment Financing District, as published in the Waterloo Courier on June 25, 1991, be received and placed on file. Motion carried. 97758 - 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 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. July 8, 1991 Page 5 Hearings - continued 97759 - Moved by Brown, seconded by Budak that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 264 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dell. Motion carried. 97760 - 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. 97761 - Moved by Budak, 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: Dell. Motion carried. 97762 - Moved by Fox, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 264 to Section 2A-5, Rezoning Certain Property", be adopted. Ayes: Six. Absent: Dell. Ordinance adopted and upon approval by Mayor assigned No. 3803. UNFINISHED BUSINESS 97763 - Moved by Wright, seconded by Angel that communication from Executive Director of Waterloo Housing Authority transmitting recommendation of award of contract to Lockard Construction Inc. of Waterloo, Iowa, in the amount of $94,300.00, plus Alternate A-1 in the amount of $9,516.00 and Alternate A-2 in the amount of $7,112.00, subject to approval by Contract Compliance Officer, for Ridgeway Towers CIAP Work Project, 225 West Ridgeway Avenue, be received, placed on file and "Resolution authorizing award of said contract", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-400. PETITIONS FROM PUBLIC 97764 - Moved by Brown, seconded Buck that communication from City Engineer transmitting request of Joe De Martino for a temporary concrete driveway to be located at 2673 Cedar Terrace Drive, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-401. DOCUMENTS 97765 - Moved by Brown, seconded by Buck that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance from Youngblut Contracting, Inc. of Washburn, Iowa, in the amount of $180,465.30 for F.Y. 1991 Crossroads Drainage Improvements -- Hess Road Culvert, Contract No. 397, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-402. July 8, 1991 Page b Documents - continued 97766 - Moved by Brown, seconded by Buck that communication from City Planner transmitting an agreement with the Iowa Bureau of Historic Preservation to conduct a survey of the area between Argyle Street, Logan Avenue (U.S. 63), Franklin Street and East 4th Street as a possible nomination to the National Register of Historic Places, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-403. 97767 - Moved by Brown, seconded by Buck that communication from Public Works Director transmitting Change Order No. 1 for a net increase not to exceed $20,000 for work to be performed by Brice, Petrides -Donohue of Waterloo, Iowa, in conjunction with the Engineering Services Agreement for analysis of additional wastewater treatment alternative needs, be received, placed on file and approved and Mayor authorized to execute same. Motion carried. 97768 - Moved by Brown, seconded by Buck that communication from Director of the Waterloo Housing Authority transmitting Contracts, Bonds and Certificates of Insurance from Lockard Construction of Waterloo, Iowa in the amount of $94,300 plus two alternates in the amount of $9,516 and $7,112 for Ridgeway Towers CIAP Work Project, 225 West Ridgeway Avenue, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-404. RESOLUTIONS TO BE ADOPTED 97769 - Moved by Budak, seconded by Buck that "Resolution accepting warranty deeds and dedicating property generally adjoining Pheasant Lane, south of Olympic Drive for street right-of-way purposes for an extension of Pheasant Lane to West San Marnan Drive", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-405. ORDINANCE TO BE ADOPTED 97770 - The Mayor announced the time had arrived for discussion on an ordinance amending the City Zoning Ordinance, Chapter 16, Garbage and Refuse, by adding Section 16-12.1, Exceptions to Burning Yard Waste. Mel Smelser, 2235 Temple Avenue, questioned whether the ordinance provided for reimbursement to the Fire Department for services performed in conjunction with the special request. Mayor McKinley stated that the ordinance allows for special exceptions when burning is recognized as a management technique for prairie grass. Each request will be reviewed by the appropriate city department prior to approval. Moved by Fox, seconded by Budak that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by adding Section 16-12.1, Exceptions to Burning Yard Waste, to Chapter 16, Garbage and Refuse (allow for burning of native vegetation)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dell. Motion carried. 97771 - Moved by Brown, 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. July 8, 1991 Page 7 Ordinances to be Adopted - continued 97772 - Moved by Wright, 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. 97773 - Moved by Fox, seconded by Buck that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by adding Section 16-12.1, Exceptions to Burning Yard Waste, to Chapter 16, Garbage and Refuse (allow for burning of native vegetation)", be adopted. Ayes: Six. Absent: Dell. Ordinance adopted and upon approval by Mayor assigned No. 3804. BILLS PAYMENT 97774 - Moved by Angel, seconded by Buck that "Resolution approving Schedule A918, pp. 1-62, in the amount of $1,602,624.87, dated July 8, 1991, 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 assigned No. 1991-406. NEW BUSINESS 97775 - The Mayor announced that the time had arrived for discussion on the designation of the City's sixth urban revitalization district. Don Temeyer, Planning and Development Director, stated that the proposed designation of the Logan Avenue' shopping area as an urban revitalization district could spawn 100 jobs and reinvestment of $2.5 million. In the past, the city has not designated commercial areas as revitalization areas, but hopefully this designation will spawn badly needed commercial development in this section of the city. Moved by Angel, seconded by Budak that communication from Planning and Development Director transmitting the proposed boundaries for a sixth urban revitalization district to be designated as Logan Plaza Urban Revitalization Area be received, placed on file and "Resolution approving said proposed boundaries", be adopted and Planning and Development Director authorized to proceed with preparation of the plan. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1991-407. 97776 - Moved by Angel, seconded by Budak that communication from Water Pollution/Flood Control Superintendent transmitting recommendation of appointment of Robert Cooley to the position of Collection Systems Foreman, effective July 9, 1991, be received, placed on file and approved. Motion carried. 97777 - Moved by Angel, seconded by Budak that communication from Water Pollution/Flood Control Superintendent transmitting recommendation of appointment of Gary Schellhorn to the position of Technical Services Coordinator, effective July 9, 1991, be received, placed on file and approved. Motion carried. 97778 - Moved by Angel, seconded by Budak that communication from Director of Parks and Forestry transmitting recommendation of appointment of Winston Russell to the position of Golf Maintenance II, effective July 9, 1991, be received, placed on file and approved. Motion carried. July 8, 1991 Page 8 New Business - continued 97779 - Mel Smelser, 2235 Temple Avenue, questioned the reappointment of James Thielen to the Police and Fire Pension Board. He stated that rather than reappointing the same individuals, the city should consider new appointments. Mayor McKinley reported that this was the second year of Mr. Thielen's term, who has served the board well. Moved by Angel, seconded by Budak that communication from Mayor Bernie McKinley transmitting recommendation of reappointment of James Thielen to the Police and Fire Pension Board for another four year term, with term expiration date of first Monday of April 1995, be received, placed on file and approved. Motion carried. 97780 - Moved by Angel, seconded by Budak that communication from Public Works Director transmitting recommendation of appointment of Roberta Johnson to the position of Clerk I, effective July 15, 1991, be received, placed on file and approved. Motion carried. Travel Requests 97781 - Moved by Wright, seconded by Buck that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. John Beckman, Police Sergeant, to attend Supervision of Police Personnel Seminar in Evanston, Illinois, on August 19-30, 1991, with costs not to exceed $1,540.00, including the use of city vehicle. 2. Eric Gunderson, Police Sergeant, and Cheryl Rathe, Tim Pillack, John Daws and Cliff Caughron, Police Sergeants, to attend D.A.R.E. Conference in Mason City, Iowa, on July 21-22, 1991, with costs not to exceed $969.00, including the use of city vehicle. 3. Thomas Jennings, and R. Bruce Arends, Police Sergeants, to attend Practical Applications for Surveillance Equipment in Mason City, Iowa, on August 13-15, 1991, with costs not to exceed $230.00, including the use of city vehicle. Motion carried. MISCELLANEOUS 97782 - Moved by Wright, seconded by Buck 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 cigarette permit applications and application for dance license, be received, placed on file and approved: 1. Beer License Permit Application Class C Virgs Food, 1761 Independence Avenue (Renewal) (Expires 7/29/92) (Includes Sunday Sales) 2. Beer & Liquor License Permit Application Class C B.J.'s Bar & Billiards, 110 Ida Street (Renewal) (Expires 7/29/92) (Includes Sunday Sales) Tony's Lounge, 120 Sumner Street (Renewal) (Expires 7/16/92) (Includes Sunday Sales) Cigarette Permit Application Twenty-one (21) July f3, 1991 Miscellaneous - continued Application for Dance License Cattle Congress New Pavilion, 307 Rainbow Drive Page q Motion carried. BONDS 97783 - Moved by Budak, seconded by Brown that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through July 8, 1991, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 97784 - Mel Smelser, 2235 Temple Avenue, questioned the large turn -over rate in the Public Works Department. John Meyer, Public Works Director, stated that terminations have been for a wide number of reasons, some of which cannot be disclosed due to confidentiality reasons. Councilperson Buck presented the proposed should the public referendum pass on August first year cost will be in excess of $200 city manager, assistant, clerical help, recruitment cost of approximately $25,000. costs when voting on this public issue. Moved by Budak, seconded by Brown cost of employing a city manager 6, 1991. It is estimated that the ,000, which includes salary of the election cost of $20,000, and He urged voters to consider these that the above oral comments be received, placed adjourn at 7:50 p.m. Motion carried. Larry P. Burger City Clerk/Auditor on file and the Council