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HomeMy WebLinkAbout01/23/1989January 23, 1989 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 23, 1989. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Councilperson Fox Pledge of Allegiance: Georgia Trovas, Katie DeVine, Shelly Baugh, Emily Duven, Pam Dewey, Audrey Mondt, Allison Frederick. 93337 - Moved by Buck, seconded by Wright that the Agenda, as amended, for the Regular Session on January 23, 1989 at 7:00 p.m. and the Minutes of the Regular Session on January 16, 1989 at 7:00 p.m., be accepted and approved. Motion carried. ADJOURNED HEARING 93338 - Moved by Dell, seconded by Buck to receive and file request of applicant to postpone until February 6, 1989 the hearing on the request of Iowa Securities Investment Corporation to rezone from "C-3" Commercial District to "C -Z" Conditional Zoning property generally located at the northeasterly corner of West Second Street and Jefferson Street. Motion carried. (See C.R. 93283 of January 9, 1989.) PETITIONS FROM PUBLIC 93339 - Councilperson Budak suggested that the City consider changing its regularly scheduled Council meeting on Martin Luther King's Birthday in 1990 to the following Tuesday. Moved by Buck, seconded by Fox that "Resolution approving changing the date of the City Council meeting from February 20, 1989 to February 21, 1989", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-26. 93340 - Moved by Buck, seconded by Fox that communication from City Planner transmitting request of Patricia L. Christy to rezone from "A-1" Agricultural District to "M -2,P" Planned Industrial District property located at 729 West Airline Highway, together with recommendation of the Planning, Programming and Zoning staff, be received, placed on file and "Resolution setting date of public hearing as February 21, 1989 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. 1989-27. DOCUMENTS 93341 - Moved by Fox, seconded by Dell that communication from Associate Engineer transmitting Completion of Project and Recommendation of Acceptance for F.Y. 1988 Nevada Street Ponding Area, Contract No. 289, for work completed by Peterson Contractors, Inc. be received, placed on file and "Resolution approving said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-28. 93342 - Moved by Fox, seconded by Dell that Maintenance Bond in conjunction with F.Y. 1988 Nevada Street Ponding Area, Contract No. 289, from Peterson Contractors, Inc. of Reinbeck, Iowa, be received and placed on file. Motion carried. January 23, 1989 Page 2 Documents - continued 93343 - Moved by Fox, seconded by Dell that communication from Assistant City Engineer transmitting Addendum to Engineering Services Contract with Wayne Claassen Engineering & Surveying, Inc. in conjunction with F.Y. 1989 Commercial, Jefferson, West Seventh Streets Reconstruction, Contract No. 350, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-29. 93344 - Moved by Fox, seconded by Dell that communication from Transportation Program Manager transmitting Contract for Right -of -Way Services with Wayne Claassen Engineering & Surveying, Inc. in conjunction with Shaulis Road, M-6470(4)--81-07, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-30. RESOLUTION TO BE ADOPTED 93345 - Moved by Brown, seconded by Fox that "Resolution supporting Black Hawk County in submitting an application for R.I.S.E. funding and authorizing submission of Economic Development Administration (EDA) application for North Elk Run Road from Dubuque Road to Donald Street", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-31. ORDINANCE TO BE ADOPTED 93346 - Moved by Budak, seconded by Brown that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection 31-11(b) and Subsection 32-13(a), regarding license fees, and Subsection 3Z -27(a), False Alarms, of Chapter 32, Alarm Systems; and by enacting in lieu thereof a new Subsection 32-11(b) and Subsection 3z -13(a), Regarding License Fees, and Subsection 3Z -27(a), False Alarms, to Chapter 32, Alarm Systems; and by adding Subsections 3Z-15 through 31-18, All Dealing with Alarm Users, to Chapter 31, Alarm Systems (Alarm user fees for Police Department)", be received, placed on file, passed and considered for the second time. Ayes: Seven. Motion carried. 93347 - Moved by Wright, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 93348 - Moved by Fox, 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: Seven. Motion carried. 93349 - Moved by Dell, seconded by Angel that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection 32-11(b) and Subsection 31-13(a), regarding license fees, and Subsection 31-27(a), False Alarms, of Chapter 32, Alarm Systems; and by enacting in lieu thereof a new Subsection 31-11(b) and Subsection 32-13(a), Regarding License Fees, and Subsection 3Z -27(a), False Alarms, to Chapter 31, Alarm Systems; and by adding Subsections 32-15 through 32-18, All Dealing with Alarm Users, to Chapter 31, Alarm Systems (Alarm user fees for Police Department)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3616. Page 3 January 23, 1989 BILLS PAYMENT 93350 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-60 in the amount of $525,262.74, and Schedule W900, page 1, in the amount of $172.50, dated January 23, 1989, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-32. NEW BUSINESS 93351 - Moved by Buck, seconded by Wright that communication from Public Works Director transmitting recommendation of appointment of Richard Coppage, Jr. to the position of Refuse Collector in the Sanitation Department effective January 24, 1989, be received, placed on file and approved. Motion carried. 93352 - Moved by Buck, seconded by Wright that communication from Public Works Director transmitting recommendation of appointment of Eugene Elliot to the position of Equipment Operator I in the Street Department effective January 24, 1989, be received, placed on file and approved. Motion carried. 93353 - Moved by Buck, seconded by Wright that communication from Public Works Director transmitting recommendation of appointment of Jim Lemons to the position of Equipment Operator II in the Street Department effective January 24, 1989, be received, placed on file and approved. Motion carried. Travel Requests 93354 - Moved by Buck, seconded by Wright that the following travel requests with expenses not to exceed amount shown, be received, placed on file and approved: 1. Eric Thorson, City Engineer, to attend Iowa Concrete Paving Association 25th Annual Concrete Paving Workshop in Des Moines, Iowa on February 15-17, 1989, with costs not to exceed $301.00, including the use of City vehicle. 2. Patricia Reed, Human Rights Specialist, to attend Settlement/Conciliation Training Seminar in Kansas City, Missouri on February 2 and 3, 1989, with costs not to exceed $265.00 (if funds are not available in the Human Rights budget, money may be expended from the City's contingency fund). 3. James Boyd, Human Rights Specialist, to attend Settlement/Conciliation Training Seminar in Kansas City, Missouri on February 2 and 3, 1989, with costs not to exceed $396.00 (if funds are not available in the Human Rights budget, money may be expended from the City's contingency fund). 4. Lawrence Johnson, Sergeant, to attend L.E.I.N. Intelligence Investigations Training Course in Des Moines, Iowa on April 9 - April 21, 1989, with costs not to exceed $357.00, including the use of City vehicle. 5. Rick Tagtow, Parks Director, to attend Midwestern Chapter, International Society of Arboriculture Annual Conference and Trade Show in Omaha, Nebraska on January 30 -February 1, 1989, with costs not to exceed $565.00, including the use of City Vehicle. 6. Rose Angel and Josef Fox, Council Members, to attend National League of Cities, 1989 Congressional City Conference in Washington, D.C. on March 11-14, 1989, with costs not to exceed $1,370.00 each. Motion carried. January 23, 1989 Page 4 MISCELLANEOUS 93355 - Moved by Buck, seconded by Wright 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: 1. Beer License Permit Application Class B Main Channel Fish Co., 218 Division Street (New) (Expires 1/25/90) 2. Beer & Liquor License Permit Application Class C The Jet, 451 West Parker Street (Renewal) (Expires 1/31/90) (Includes Sunday Sales) Motion carried. BONDS 93356 - Moved by Wright, seconded by Budak that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through January 23, 1989, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 93357 - F. J. Lynch again asked the Council why the salt pile at the Street Department is not covered. He asked that the Council take care of the money it has instead of asking for more tax money. John Meyer, Public Works Director, stated that the salt pile has been covered but the covering has been torn loose by the wind and weather. A new building is budgeted in the Street Department budget and will be constructed as soon as time is available. Mayor McKinley corrected Mr. Lynch by stating that the City was not asking for more tax money but enough money to remain at status quo. Councilperson Budak stated that he is tired of listening to citizens complain about the operation of City government when in fact, a Citizens' Budget Review Committee spends many hours pouring over departmental budgets. He invited Mr. Lynch to attend these meetings for his input. Several members of the Sullivan-Hartogh-Davis American Legion Post 730 presented a State flag and a U.S. flag that have been flown over the respective capitols. They asked that these flags be proudly displayed over the Five Sullivan Brothers Convention Center. John Talbott, 1040 Kern Street, asked that the City investigate why gasoline costs are so much higher in the Waterloo area than in other Iowa communities. He asked whether there could be some form of price fixing involved. Mr. Talbott offered his services to the City in any way possible, free of charge. Moved by Angel, seconded by Dell that the above comments be received and placed on file. Motion carried. HEARING 93358 - Moved by Dell, seconded by Angel that the appeal and proof of publication of notice of public hearing on request of Charles R. Miska to repeal Cat and Dog Ordinance No. 2967, as published in the Waterloo Courier on January 17, 1989, be received and placed on file. Motion carried. January 23, 1989 Page 5 93359 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Molly Frazer, Assistant City Attorney, stated that the City Council recently enacted a dangerous animal ordinance that has been widely publicized. She concluded that the City does have the authority to pass a regulation banning ownership of dangerous animals within the city limits. She stated that the Council has two choices in the matter: 1) Order the snake to be removed from the premises, or 2) Change the ordinance to delete constricting snakes as a dangerous animal. Charles Miska, 223 Southbrooke Drive, Apartment 5, provided many facts concerning the harmless nature of his Burmese python snake, Edgar. He reported that snakes do not bite and that it is a docile creature. Edgar is seven years old and at its largest will be six to seven feet long. He stated that the Burmese python is among the most docile species of constricting snakes and would not attract or eat anything larger than a small rat. He said he has conducted a number of performances and demonstrations throughout the area, including a class at Central High School where 100 people handled the snake without incident. The snake is kept in a strong cage that is locked and secured. Animal Control Officer Sharon Spears, who was not the officer who cited Miska, supported the City's ordinance. She stated that making an exception for Mr. Miska would result in numerous other exceptions in the future. L. C. Hennessey, 319 Belmont Avenue, asked the Council's support to allow Mr. Miska to keep the snake. Judy Weber, 223 Southbrooke Drive, Apartment 2, presented a petition from 50 residents in the condominium complex where Mr. Miska resides asking that the snake be removed from the premises. Moved by Brown, seconded by Dell that the action of the Animal Control Officer be upheld. Ayes: Seven. Motion carried. ADJOURNMENT 93360 - Moved by Buck, seconded by Brown that the Council adjourn. Motion carried. Larry P. Burger Clerk/Auditor