Loading...
HomeMy WebLinkAbout02/18/91February 18, 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 February 18, 1991. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Mayor Bernie McKinley Pledge of Allegiance: Fire Chief Stan Stapella 96952 - Moved by Buck, seconded by Angel that the Agenda, as proposed, for the Regular Session on February 18, 1991, at 7:00 p.m., and the Minutes of the Regular Session on February 11, 1991, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS 96953 - Moved by Angel, seconded by Wright that proof of publication of notice of public hearing on request of Harold Messingham to rezone from "R-2" One and Two Family Residence District to "M-1" Light Industrial District property generally located on the south side of Lafayette Street at the intersection with Osage Avenue, as published in the Waterloo Courier on January 30, 1991, be received and placed on file. Motion carried. 96954 - 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 Dell, 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. 96955 - Moved by Buck, seconded by Budak that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 261 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 96956 - Moved by Fox, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 96957 - 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: Seven. Motion carried. 96958 - Moved by Budak, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by. adding Subsection No. 261 to Section 2A-5, Rezoning Certain Property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3767. PETITIONS FROM PUBLIC 96959 - Moved by Fox, seconded by Buck that communication from City Planner transmitting request of Keith Dyball to rezone from "R-4" Multiple Family Residence District to "C-1" Commercial District and "C -Z" Conditional Zoning property generally located on the northeast corner of Leland and Sunnyside Avenues, just south of University February 18, 1991 Page 2 Petitions from Public - continued Avenue to continue operating an acoustical ceiling tile contracting business, together with recommendation of approval of the Planning, Programming and Zoning Commission, and petition of opposition representing 66 percent of property owners, be received, placed on file and "Resolution setting date of hearing as March 11, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-60. REPORTS 96960 - Moved by Brown, seconded by Wright that communication from Clerk/Auditor requesting authorization to publish 1990 salaries of all City employees and officials as required by the State Code of Iowa and audit compliance be received, placed on file and approved and Clerk/Auditor instructed to publish notice of same. Motion carried. 96961 - Moved by Brown, seconded by Wright that Waterloo Housing Authority Ridgeway Towers and Section 8 Waterloo Housing Certificate Program --January 1991, be received and placed on file. Motion carried. DOCUMENTS 96962 - The Mayor announced that the time had arrived for discussion on the request of Regional Transit Commission for a loan guarantee in the amount of $100,000. Steve VanDeest, 1121 Downing, presented a petition containing the names of individuals who currently use Regional Transit Commission transportation, including the elderly and disabled. He urged the Council to recognize and acknowledge the impact of the proposed service cuts. He stated that RTC provides a very important service in the community and the proposed 50 percent cutback would greatly curtail the independence of these people. Sharon Juon, Director of Iowa Northland Regional Council of Governments, stated that the loan guarantee will enable RTC to obtain funding to cover its projected deficit for the Fiscal Year ending June 30, 1991. She stated that INRCOG and RTC are working very closely to provide service within the economic means of the organization. Fare increases are being considered. Bill Lemke, a member of the Metropolitan Transit Authority Board of Directors, stated that on Tuesday, February 19, 1991, the MET Board will be conducting public hearings at 2:00 p.m. and 7:00 p.m. to discuss the proposed cutbacks in service. He stated that the Board is working very closely with all concerned to provide as much service within the dollars available. He also stated that MET is working very closely to transition RTC users to the regular MET schedules, if they are physically able. This fixed route system is much cheaper to operate and still provides an adequate level of service for some. He stated that any cutbacks in service to the handicapped also requires equal cutbacks in the fixed route service. Approximately five years ago, the MET fixed bus routes experienced a 30 percent decrease in service and has been already cut back to bare bones. Any additional decreases will paralyze the system. Councilperson Dell stated that even though there appears to be a short-term answer to the funding problems of RTC, he urged that a long-term solution be found. February 18, 1991 Page 3 Documents - continued Moved by Budak, seconded by Brown that communication from Iowa Northland Regional Council of Governments transmitting request of Iowa Northland Regional Transit Commission (RTC) for a loan guarantee for an amount not to exceed $100,000, be received, placed on file and "Resolution approving said loan guarantee", be adopted. Resolution adopted and upon approval by Mayor assigned No. 1991-61. 96963 - Moved by Budak, seconded by Brown that communication from City Planner transmitting Design Contract with Brice, Petrides -Donohue for the reconstruction of a portion of West Mullan Avenue and South Street, together with recommendation of approval, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-62. RESOLUTIONS TO BE ADOPTED 96964 - Moved by Dell, seconded by Fox that "Resolution setting new date of hearing as February 25, 1991 at 7:00 p.m. in the City Hall Council Chambers on sale and conveyance of a portion of the former Rath property to Crystal Distribution Services due to an amendment to the legal description", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-63. 96965 - Moved by Dell, seconded by Fox that "Resolution accepting and dedicating as street right-of-way six parcels of land acquired in conjunction with Relocated U.S. 218 Project (3 parcels for Relocated Rainbow Drive, 2 parcels for Relocated Ansborough Avenue, one for Relocated U.S. 218 service road)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-64. ORDINANCES TO BE ADOPTED 96966 - Moved by Fox, seconded by Wright that "an Ordinance re-establishing the Self -Supported Municipal Improvement District (SSMID)", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 96967 - Mel Smelser, 2230 Temple Avenue, asked that action on this ordinance be delayed to allow a complete rewrite of the ordinance unless the Exchange Club was anxious to make the necessary changes. Hugh Field, City Attorney, stated that currently the Exchange Club is in violation by allowing dangerous animals at their Petting Zoo. They wish to proceed with the ordinance amendment as soon as possible so that they are a legal use. Mr. Field explained that the dangerous animal ordinance had been completely rewritten several years ago and that probably very few changes are necessary. Moved by Angel, seconded by Budak that "an Ordinance amending Chapter 7, Animals and Fowl, of the 1988 Code of Ordinances of the City of Waterloo, Iowa, by adding Subsection (3) to Subsection (a) of Section 7-2, Swine Not to be Kept Within the City; Exceptions; Subject to Nuisance Laws; and by adding Subsection (5) to Subsection (b) of Section 7-15, Keeping of Dangerous Animals Prohibited (Sunrise Exchange Club Petting Zoo)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. February 18, 1991 Page 4 Ordinances to be Adopted - continued 96968 - Moved by Buck, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 96969 - Moved by Wright, seconded by Buck that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Seven. Motion carried. 96970 - Moved by Budak, seconded by Fox that "an Ordinance amending Chapter 7, Animals and Fowl, of the 1988 Code of Ordinances of the City of Waterloo, Iowa, by adding Subsection (3) to Subsection (a) of Section 7-2, Swine Not to be Kept Within the City; Exceptions; Subject to Nuisance Laws; and by adding Subsection (5) to Subsection (b) of Section 7-15, Keeping of Dangerous Animals Prohibited (Sunrise Exchange Club Petting Zoo)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3768. 96971 - Moved by Buck, seconded by Wright that "an Ordinance establishing grades in the City of Waterloo for the Sidewalk Inspection and Repair Program - Zone 2, Contract No. 399", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 96972 - Moved by Brown, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 96973 - Moved by Dell, 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: Seven. Motion carried. 96974 - Moved by Fox, seconded by Dell that "an Ordinance establishing grades in the City of Waterloo for the Sidewalk Inspection and Repair Program - Zone 2, Contract No. 399", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3769. BILLS PAYMENT 96975 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-49, in the amount of $257,669.88, dated February 18, 1991, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Five. Abstain: Fox, Buck. Resolution adopted and upon approval by Mayor assigned No. 1991-65. NEW BUSINESS 96976 - Moved by Brown, seconded by Angel that communication from Waterloo Water Works Board of Trustees transmitting request of Leroy Denton Jr. and Rose Reed to certify $696.00 for work performed by the Waterloo Water Works at 617 Boston Avenue, be received, placed on file and "Resolution approving certification of same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-66. f February 18, 1991 Page 5 New Business - continued 96977 - Moved by Brown, seconded by Angel that communication from City Planner transmitting amendments to Zoning Ordinance No. 2479, as amended as it relates to definition of group homes for persons with disabilities and allowing said group homes to be located in all residential districts as a permitted use, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as March 11, 1991 at 7:00 p.m. in the City Hall Council Chambers on the above amendments", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-67. 96978 - Moved by Brown, seconded by Angel to instruct City Engineer to prepare plans, specifications, form of contract, etc., for the F.Y. 1991 Street Reconstruction Program, Contract No. 400, be received, placed on file and approved. Motion carried. 96979 - Moved by Brown, seconded by Angel that plans, specifications, form of contract, etc., for the F.Y. 1991 Street Reconstruction Program, Contract No. 400, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-68. 96980 - Moved by Brown, seconded by Angel that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as March 18, 1991 at 7:00 p.m. in the City Hall Council Chambers on the above project", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-69. Travel Request 96981 - 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. Dennis Duggan, Battalion Chief, to attend Accepting the Challenge Training Workshop in San Jose, California on April 15-19, 1991, with costs not to exceed $1,190.00. 2. Maureen Newbill, Administrative Director; Bonnie Winninger, Education Director; Chris Dahle, Architect; Betty Goettsch, Volunteer, to attend meeting with curator of Milwaukee Public Art Museum concerning JAG 1991-92 show on February 7 and 8, 1991, with costs not to exceed $550.00. Motion carried. MISCELLANEOUS 96982 - 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 forward to the Iowa Beer and Liquor Control Department: 1. Beer License Permit Application Class B Long John Silver, 2775 Crossroads Boulevard (Renewal) (Expires 3/23/92) (Includes Sunday Sales) February 18, 1991 Page 6 Miscellaneous - continued 2. Liquor License Permit Application Class E Siechs Varly Drug, 908 LaPorte Road (Renewal) (Expires 2/28/92) Motion carried. BONDS 96983 - Moved by Budak, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through February 18, 1991, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 96984 - Russell Tidwell, 1003 Vine Street, objected to the proposed elimination of $85,000 from the street lighting budget for the year beginning July 1, 1991. He stated that darkness contributes to crime in residential areas. Councilperson Angel asked City staff to review a complaint she received concerning the parking of cars at the corner of Fletcher and University Avenues. She stated that it appeared that the cars were being parked on a gravel surface, which is in non-conformance with City ordinance. Shirley Grover, 408 Argle Street, supported Mr. Tidwell's request that street lighting monies not be withdrawn from the City Budget. Mayor McKinley stated that this and other budget items will be discussed during a City Council Budget Work Session on Tuesday, February 19, 1991 at 4:00 p.m. He stated that it is doubtful that this money will be eliminated from the Budget. 96985 - City Attorney Hugh Field stated that labor strategy is an approved topic of Executive Session as authorized by Iowa Code, Chapter 20.16. Moved by Buck, seconded by Brown that the Council adjourn to Executive Session. Ayes: Seven. Motion carried. EXECUTIVE SESSION 96986 - Moved by Buck, seconded by Angel that the Council adjourn the Executive Session. Ayes: Seven. Motion carried. ADJOURNMENT 96987 - Moved by Buck, seconded by Wright that the above oral comments be received and placed on file and the Council adjourn at 7:45 p.m.. Motion carried. Larry P. Burger City Clerk/Auditor