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HomeMy WebLinkAbout06/10/91June 10, 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 June 10, 1991. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Buck, Wright, Budak, Brown. Absent: Angel. Invocation by: Councilperson Willie Mae Wright 97532 - Moved by Buck, seconded by Wright that the Agenda, as proposed, for the Regular Session on June 10, 1991, at 7:00 p.m., and the Minutes of the Regular Session on June 3, 1991, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS 97533 - Moved by Dell, seconded by Fox that proof of publication of notice of public hearing on request of James and Nancy McClain to vacate, sell and convey the unimproved portion of Bluff Street between West Fourteenth and West Fifteenth Streets, as published in the Waterloo Courier on May 30, 1991, be received and placed on file. Motion carried. 97534 - 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 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. 97535 - Moved by Budak, seconded by Dell that "an Ordinance vacating the unimproved portion of Bluff Street between West Fourteenth and West Fifteenth Streets", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Angel. Motion carried. 97536 - Moved by Fox, 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. 97537 - Moved by Dell, 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. 97538 - Moved by Buck, seconded by Brown that "an Ordinance vacating the unimproved portion of Bluff Street between West Fourteenth and West Fifteenth Streets", be adopted. Ayes: Six. Absent: Angel. Ordinance adopted and upon approval by Mayor assigned No. 3790. 97539 - Moved by Wright, seconded by Fox that "Resolution authorizing sale and conveyance of the unimproved portion of Bluff Street generally located between West Fourteenth and West Fifteenth Streets to James and Nancy McClain", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-320. June 10, 1991 Page 2 Hearings - continued 97540 - Moved by Budak, seconded by Wright that proof of publication of notice of public hearing on request of Steve Harbaugh to vacate a portion of the five foot platted utility easements generally located on Lots 4 and 5 in Audubon Park Second Addition and dedication of eight feet of property generally located along the north side of Lot 4 for utility easement, as published in the Waterloo Courier on May 30, 1991, be received and placed on file. Motion carried. 97541 - 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 and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 97542 - Moved by Brown, seconded by Budak that "an Ordinance vacating a portion of the five foot platted utility easements generally located on Lots 4 and 5 in Audubon Park Second Addition", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Angel. Motion carried. 97543 - Moved by Dell, 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. 97544 - Moved by Fox, seconded by Dell 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. 97545 - Moved by Brown, seconded by Wright that "an Ordinance vacating a portion of the five foot platted utility easements generally located on Lots 4 and 5 in Audubon Park Second Addition", be adopted. Ayes: Six. Absent: Angel. Ordinance adopted and upon approval by Mayor assigned No. 3791. 97546 - Moved by Buck, seconded by Fox that proof of publication of notice of public hearing on request of Kim Kuenstling to vacate a portion of the ten foot platted utility easement generally located along the north side of property located at 739 Stephan Avenue, as published in the Waterloo Courier on May 30, 1991, be received and placed on file. Motion carried. 97547 - 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 and subject to the City Engineer's recommendation that the footing and foundation wall be constructed so the top of the footing is at or below the level of the top of the sanitary sewer, and the deep footing be carried a minimum of four (4) feet on the intersecting wall before being stepped up to the standard depth, be received and placed on file. Motion carried. 97548 - Moved by Dell, seconded by Wright that "an Ordinance vacating a portion of the ten foot platted utility easement generally located along the north side of •property located at 739 Stephan Avenue", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent:A ngel. Motion carried. ,� June 10, 1991 Hearings - continued 97549 - Moved by Wright, seconded by Dell Page 3 that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Angel. Motion carried. 97550 - Moved by Fox, seconded by Dell 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. 97551 - Moved by Brown, seconded by Budak that "an Ordinance vacating a portion of the ten foot platted utility easement generally located along the north side of property located at 739 Stephan Avenue, subject to the City Engineer's recommendation that the footing and foundation wall be constructed so the top of the footing is at or below the level of the top of the sanitary sewer, and the deep footing be carried a minimum of four (4) feet on the intersecting wall before being stepped up to the standard depth,", be adopted. Ayes: Six. Absent: Angel. Ordinance adopted and upon approval by Mayor assigned No. 3792. 97552 - Moved by Budak, seconded by Brown that proof of publication of notice of public hearing on request of Evelyn Rohrssen to vacate a portion of the 25 foot platted building line generally located along the east side of 1226 Julian Avenue, as published in the Waterloo Courier on May 30, 1991, be received and placed on file. Motion carried. 97553 - 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 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. 97554 - Moved by Fox, seconded by Budak that "an Ordinance vacating a portion of the 25 foot platted building line generally located along the east side of 1226 Julian Avenue", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Angel. Motion carried. 97555 - 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: Angel. Motion carried. 97556 - 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. 97557 - Moved by Budak, seconded by Wright that "an Ordinance vacating a portion of the 25 foot platted building line generally located along the east side of 1226 Julian Avenue", be adopted. Ayes: Six. Absent: Angel. Ordinance adopted and upon approval by Mayor assigned No. 3793. June 10, 1991 Page 4 PETITIONS FROM PUBLIC 97558 - Moved by Dell, seconded by Fox that communication from City Engineer transmitting request of Michael F. Amundson for a temporary concrete driveway to be located at 633 Eureka 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. 1991-321. 97559 - Moved by Dell, seconded by Fox that communication from City Engineer transmitting request of Roy Cain for a temporary concrete driveway to be located at 1751 Wakonda Drive, 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. 1991-322 DOCUMENTS 97560 - Moved by Buck, seconded by Wright that communication from Transportation Program Manager transmitting recommendation of award of appraisal contract to Keith Jones Appraisal Services for Parcel No. 2 in conjunction with Relocated Westfield Avenue Improvements Project, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-323. RESOLUTIONS TO BE ADOPTED 97561 - Moved by Brown, seconded by Fox that communication from City Planner transmitting request of Douglas and Doris Conley to sell and convey the unimproved portion of alley adjoining the rear of properties located at 631 Linden Avenue and 520 Rhey Street, be received, placed on file and "Resolution setting date of hearing as June 24, 1991, at 7:00 p.m. in the City Hall Council Chambers on the above described request and rescinding Resolution No. 1991-165", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-324. 97562 - Moved by Brown, seconded by Fox that "Resolution amending Resolution No. 1989-45, which established parking regulations in the Central Business District (one handicapped parking meter to be placed just west of alley entrance on the southerly side of Mulberry Street between East Fourth and East Fifth Streets)", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-325. 97563 - Moved by Brown, seconded by Fox that communication from City Planner transmitting request of Grace Chapel Church to purchase property located at 1509 Rainbow Drive acquired for the Interstate Substitution Program, be received, placed on file and "Resolution setting date of hearing as June 24, 1991, 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. 1991-326. June 10, 1991 Page 5 ORDINANCES TO BE ADOPTED 97564 - The Mayor announced that the time had arrived for discussion on Ordinances to be Adopted. Police Chief Koehrsen reported that this ordinance would preclude minors under the age of 21 from entering establishments whose sale or disbursement of alcoholic beverages is more than 50 percent of the business conducted within the premise. The intent of this ordinance (and those that will be considered by the Council this evening) is to send a clear message to our city's youth that drugs and alcohol abuse will not be tolerated. He stated that alcohol abuse by our youth is the number one problem in this city. Russ Tidwell, 1003 Vine Street, indicated that he fully supported the adoption of this ordinance. Kathy Green suggested that establishments with over 50 percent of their sales from alcoholic beverages be so designated with a sticker. Chief Koehrsen stated that all holders of licenses or permits issued by Iowa Beer & Liquor Control Commission will be required to display a prominent sign that reads, "Warning to Minors: You are subject to punishment under the City of Waterloo Code of Ordinances if you are on the premises without your parent or legal guardian or spouse or if you attempt to possess and/or purchase any alcoholic beverages." Councilperson Budak questioned what affect this will have on false IDs. Councilperson Dell questioned whether the 50 percent figure was too low and should be increased. Kathy Oberle, 710 Forest Avenue, questioned whether this ordinance would apply to private clubs such as the Eagles. Chief Koehrsen stated that minors may be allowed to enter such premises if they are accompanied by a parent, legal guardian or spouse. Ruth Anderson, 1503 Newell Street, spoke in support of the ordinance. Moved by Budak, seconded by Dell that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by adding Section 4-35.1, Minors Prohibited from Certain Premises, to Chapter 4, Alcoholic Beverages (Prohibit minors under 21 years of age from entering or remaining in establishments whose sale or dispensing of alcoholic beverages is more than 50 percent of the business conducted)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Angel. Motion carried. 97565 - Chief Koehrsen summarized the proposed loitering ordinance. The Chief stated that the city currently has a loitering ordinance on the books but has no penalty associated with it. This ordinance would provide a $100 fine for any person found to be loitering for the purpose of illegally using, possessing, transferring, or selling any controlled substance. The person must be a known unlawful drug user, possessor, or seller of controlled substances. The Chief stated that this ordinance is not aimed at any one particular group. Assistant City Attorney Sang -Ki Han stated that after careful review, the Attorney's Office feels that this ordinance is constitutional. The Chief stated that this ordinance very clearly sends a message to drug dealers that the community will not tolerate such activities. E. J. Gallagher III, Vice President of the Iowa Civil Liberties Union, stated that the proposed ordinance violates the Fourth Amendment to the Constitution and opposed the proposed ordinance. Joy Lowe, President of the local NAACP, stated that the national organization has withdrawn its support for the proposed ordinance. Should the ICLU sue the city for this ordinance, the NAACP will also join in this suit. Russ Tidwell, 1003 Vine Street, stated that he supported the ordinance as it provided a tool to policeman to curtail drug activity. June 10, 1991 Page 6 Ordinances to be Adopted - continued Jimmie Porter, 332 Saxon Street, stated that he was clearly opposed to the use and distribution of drugs but opposed the ordinance due to how it could be applied in different situations. He stated that drugs are not the problem, but the fact that there are not enough jobs for our young people. He stated that this ordinance is clearly aimed at one group of people, namely the blacks. Pat Seliger, owner of Club Rendezvous at 829 East Fourth Street, stated that there is a drug problem in the city that is out of control. Chief Koehrsen stated that the ordinance is intended to arrest only those individuals who are known to be drug dealers. It will be the department's goal to enforce the ordinance equally throughout the community. Joy Lowe, 130 Webster Street, supported the ordinance with some modifications. She alluded to problems in her neighborhood and the need to address the problem. A citizen spoke in support of the ordinance and related incidents near her home that have caused her great concern relating to drugs. Portia Hopper, 1531 Newell Street and a teacher in the Waterloo School System, stated that she greatly cares about our young people and supported the ordinance. Councilperson Dell stated that he could not totally support the ordinance at this time until several of the loopholes have been closed. He stated that this was our opportunity to do it right and we should proceed accordingly. Chief Koehrsen stated that the ordinance could be tabled for one week to allow for modification but cautioned the Council to proceed as quickly as possible since the summer months are upon us and drugs in the community are becoming a problem. Moved by Wright, seconded by Dell that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by adding Section 27-10, Loitering for the Purpose of Engaging in Drug -Related Activity, to Chapter 27, Offenses -Miscellaneous (Prohibit loitering in or near any public or private place in a manner and under circumstances manifesting the purpose of illegally using, possessing, transferring, or selling any controlled substance)", be received, placed on file, and tabled for one week. Ayes: Six. Absent: Angel. Motion carried. 97566 - Chief Koehrsen explained that the next ordinance would establish a curfew and make parents, guardians or other adult persons responsible for the legal care and custody of a minor and be fined $100 or imprisonment not to exceed 30 days for violations. The curfew would be enacted from 11:00 p.m. to 5:00 a.m. Sunday through Thursday and from 12:30 a.m. to 5:00 a.m. on Saturday and Sunday. There are several exceptions that would allow minors to travel between their home or place of residence and any approved place such as employment, church, municipal or school function, etc. Councilperson Dell stressed the need for parenting skills which would make the need for these ordinances unnecessary. E. J. Gallagher III, Vice President of the Iowa Civil Liberties Union, stated that the organization was opposed to this ordinance. Jody Tompkins stated that as a younger member of the community, he opposed this ordinance due to the infringement on constitutional rights of youth. He asked that the city help solve the problem of youths not having anything to do rather than punish them because there is nothing for them to do. Chief Koehrsen noted that the school police liaison officers will be hosting dances throughout the summer, with the first dance to be held this Thursday, June 13, for middle school aged students and on Friday, June 14, for high school aged students. June 10, 1991 Page 7 Ordinances to be Adopted - continued Russ Tidwell, 1003 Vine Street, spoke in support of the ordinance. Kathy Oberle, 710 Forest Avenue, suggested that perhaps parents should be given one warning prior to issuing the ticket. Pat Seliger, owner of Club Rendezvous at 829 East Fourth Street, spoke in support of the ordinance and relayed problems she has with minor children congregating in and around her establishment. Moved by Buck, seconded by Budak that "an Ordinance repealing Section 27-8, Curfew, of Chapter 27, Offenses -Miscellaneous, of the Code of Ordinances of the City of Waterloo, Iowa; and by enacting in lieu thereof a new Section 27-8, Curfew, of Chapter 27, Offenses -Miscellaneous (Establishing curfew for persons below the age of sixteen)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Angel. Motion carried. 97567 - Chief Koehrsen stated that this ordinance deals with the sale of kegs and would require all licensees or permitees to keep a register of persons who purchase kegs and remit this register to the Clerk/Auditor's Office by the 10th of each month. This would allow the Police Department to review the registers from time to time to ascertain that no laws have been violated. Penalties for violation of this ordinance would be $100 or imprisonment not to exceed 30 days. Councilperson Buck stated that he was worried about the Freedom of Information Act and did not necessarily support this ordinance. E. J. Gallagher III, Vice President of Iowa Civil Liberties Union, opposed this ordinance. Bob Fahr, 1040 Sunrise Boulevard and representing Fahr Beverage Inc., supported the intent of the ordinance but opposed its contents. He also stated that it would be a burden to retailers. He asked that the Council consider voting against this ordinance. Moved by Buck, seconded by Dell that discussion on this ordinance be tabled for one week. With the approval of the mover and seconder, this motion was withdrawn. Moved by Wright, seconded by Budak that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by adding Section 4-29.1, Keg Sales, to Chapter 4, Alcoholic Beverages (Establishing regulations and procedures concerning the conduct of keg sales)", be received, placed on file, considered and denied: Ayes: Six. Absent: Angel. Motion carried. BILLS PAYMENT 97568 - Moved by Buck, seconded by Wright that "Resolution approving Schedule A918, pp. 1-62, dated June 10, 1991, in the amount of $1,573,645.88, 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. 1991-327. NEW BUSINESS 97569 - Moved by Brown, seconded by Budak to instruct City Engineer to prepare plans, specifications, form of contract, etc., for the F.Y. 1991 Daniel Drive Paving, Contract No. 416, be received, placed on file and approved. Motion carried. June 10, 1991 Page 8 New Business - continued 97570 - Moved by Brown, seconded by that plans, specifications, Drive Paving, Contract No. preliminarily approving the Budak form of contract, 416, be received, same", be adopted. etc., for the F.Y. 1991 Daniel placed on file and "Resolution Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-328. 97571 - Moved by Brown, seconded by Budak that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as July 1, 1991, at 7:00 p.m. in the City Hall Council Chambers on the above described project", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-329. 97572 - Moved by Brown, seconded by Budak to instruct City Engineer to prepare plans, specifications, form of contract, etc., for F.Y. 1991 WCF&N Frontage Road Paving, Contract No. 417, be received, placed on file and approved. Motion carried. 97573 - Moved by Brown, seconded by that plans, specifications, Road Paving, Contract No. preliminarily approving the Budak form of contract, etc., for F.Y 1991 WCF&N Frontage 417, be received, placed on file and "Resolution same", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-330. 97574 - Moved by Brown, seconded by Budak that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as July 1, 1991, at 7:00 p.m. in the City Hall Council Chambers on the above described project", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-331. 97575 - Moved by Brown, seconded by Budak that communication from Waterloo Water Works Board of Trustees transmitting request of Anna H. Abbott to certify $939.44 for work performed by the Waterloo Water Works at 537 Riehl Street, be received, placed on file and "Resolution approving certification of same", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-332. 97576 - Moved by Brown, seconded by Budak that communication from Waterloo Water Works Board of Trustees transmitting request of Margaret I. Strottman to certify $939.75 for work performed by the Waterloo Water Works at 1943 Byron Avenue, be received, placed on file and "Resolution approving certification of same", be adopted. Ayes: Six. Absent: Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-333. 97577 - Moved by Brown, seconded by Budak that communication from Mayor Bernie McKinley transmitting recommendation of appointment of Diana Fortenberry to the Recreation & Arts Commission, with term expiration date of October 1, 1993, be received, placed on file and approved. Motion carried. June 10, 1991 Page 9 Travel Requests 97578 - 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. Rick Tagtow, Director of Parks and Forestry, to attend International Society of Arboriculture Annual Conference and Trade Show in Philadelphia, Pennsylvania, on August 10-14, 1991, with costs not to exceed $1,224.00. 2. Allan Holms and Ernest Clark, Police Investigators, to attend Covert Operations Seminar in Kansas City, Missouri, on July 30 -August 1, 1991, with costs not to exceed $520.13, including the use of city vehicle. 3. Bruce Arends, Police Sergeant, to attend Video/Law Enforcement School in Chicago, Illinois, on October 13-17, 1991, with costs not to exceed $895.00, including the use of city vehicle. Motion carried. MISCELLANEOUS 97579 - 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 application for fireworks display, applications for automobile salvage yard and applications for junk dealer's license, be received, placed on file and approved: 1. Beer & Wine License Permit Application Class E Warehouse Market, 4026 Alexandria (Renewal) (Expires 7/2/92) (Includes Sunday Sales) 2. Liquor License Permit Application Class B Ramada Hotel, 214-228 Washington (New Owner) (Expires 6/5/92) (Includes Sunday Sales) Application for Fireworks Display Sunnyside Country Club, 1600 Olympic (July 4, 1991) Application for Automobile Salvage Yard Pat's Auto Salvage & Metals, 924 Lowell Avenue (Yard --924 Lowell) Pat's Auto Salvage & Metals, 924 Lowell Avenue (Yard --951 Lowell) Wilbur Auto Body & Sales Inc., 5724 Applewood (Yard --22201 Easton) Chase Auto Parts Co. Inc., 1015 South Hills Drive (Yard --1041 Sheffield Avenue) Chase Auto Parts Co. Inc., 1015 South Hills Drive (Yard --1117 Sheffield Avenue) Pat's Auto Salvage & Metals, 924 Lowell Avenue (Crushing Yard) Application for Junk Dealer's License Pat's Auto Salvage & Metals, 924 Lowell Avenue (Yard --924 Lowell) Pat's Auto Salvage & Metals, 924 Lowell Avenue (Crushing Yard) R & M Metals Inc., 1524 Grandview (Yard --2704 Violet Drive) Pat's Auto Salvage & Metals, 924 Lowell Avenue (Yard --951 Lowell Avenue) Weismann Iron & Metal, Inc., 1500 West Airline Hwy (Yard --1500 West Airline Hwy) B. Schultz Company, 1500 David Street (Yard --1500 David Street) Motion carried. BONDS 97580 - Moved by Buck, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through June 10, 1991, be received, placed on file and report and bonds approved. Motion carried. June 10, 1991 Page 10 ORAL PRESENTATIONS 97581 - Mayor McKinley stated that Tom O'Rourke, Director of the Black Hawk County Health Department, and Mark Linda, Black Hawk County Disease Prevention Manager, asked to appear before the Council concerning problems that were brought before the City Council at last Monday evening's meeting (see CR 97531 under Oral Presentations). Tom O'Rourke stated that the Health Department has been the recipient of complaints in the Sherwood Park area and has responded accordingly. Mark Linda stated that during the last three years, a total of 33 environmental health concerns have been brought to their attention, including open dumping along Hackett Road. The normal response time is 13.7 days. He stated that the health inspectors are working with the citizens group in the area to address the many problems in the area. Councilperson Buck stated that the neighborhood has formed an association which will help solve problems in the area. He also stated that the Council may want to reconsider its junk car ordinance and require that one of the criteria to be considered a junk car be that it not be licensed. Councilperson Wright thanked the Black Hawk County Health Department for their hard work in solving the problems in the Sherwood Park area. Larry Moses, 112 Greenwood Avenue and a member of the Sherwood Park Association, asked that the city consider pumping the water from low lying areas. He also asked that after addressing this problem, the city consider some type of street repair in the area. Mayor McKinley stated that city officials are willing to meet with the association as needed to respond to the problems of the neighborhood. Terry McGee, 845 Steely Street, asked that the Council again consider an embargo on Steely Street due to the heavy truck traffic from Construction Machinery. He presented pictures of trucks trying to negotiate the intersection of Steely and Glenwood Streets. Don Temeyer, Planning and Development Director, stated that the city would contact Construction Machinery to determine an alternate route for the trucks coming and going to that facility. Kathy Oberle, 710 Forest Avenue, asked several questions concerning recent articles in the Waterloo Courier concerning City Attorney Hugh Field and alleged underage drinking at his residence. Mayor McKinley responded to several questions but then asked that any person wanting additional information to contact him individually. John Kincaid, 1513 Newell Street, expressed his support for a truck embargo on Newell Street. Mayor McKinley emphasized that Newell Street and Independence Avenue are arterial streets to the northeast commerce section of the community. Upon completion of the Fifth and Sixth Street Extension, traffic should be reduced significantly on these arterials. Mel Smelser, 2235 Temple Avenue, asked whether there had been any progress on amendments to the animal control ordinance. Assistant City Attorney Sang -Ki Han stated that the Council is investigating whether it wants to change the ordinance. A petition requesting that truck traffic on Newell, Beech, Linden, Sumner, Oneida, Willow, Idaho, Glenwood, Steely, and Mohawk be banned was presented to the Council. Moved by Buck, seconded by Wright that the above oral comments be received, placed on file and the Council adjourned at 9:25 p.m. Motion carried. Larry P. Burger City Clerk/Auditor