HomeMy WebLinkAbout12/19/1988December 19, 1988
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 19, 1988. Mayor Bernard L. McKinley in
the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown.
Invocation by: Mayor McKinley
Pledge of Allegiance: Pack 29, Den 2 --Alan Houck, Charlie Kacher, Danny McGrane, Aaron
Sharar, Jerald Staats, Steven Vander Leest, Nathaniel Johnson.
93184 - Moved by Buck, seconded by Wright
that the Agenda, as amended, for the Regular Session on December 19, 1988 at
7:00 p.m. and the Minutes of December 12, 1988 at 7:00 p.m., be accepted and
approved. Motion carried.
HEARINGS
93185 - Moved by Angel, seconded by Wright
that proof of publication of notice of public hearing on request to rezone from
"R-2" One and Two Family Residential District to "C-1" Commercial
District/"C-Z" Conditional Zoning property generally located at the southwest
corner of West Ninth Street and Williston Avenue, as published in the Waterloo
Courier on November 30, 1988, be received and placed on file. Motion carried.
93186 - Moved by Wright, seconded by Dell
that communication from applicant requesting hearing be canceled be received,
placed on file, and hearing cancelled per request of applicant. Motion
carried.
93187 - Moved by Wright, seconded by Fox
that proof of publication of notice of public hearing on request of Max
Guernsey and Jim Blackledge to vacate, sell and convey N. Janney Avenue as
platted south of Alabar Avenue, as published in the Waterloo Courier on
November 30, 1988, be received and placed on file. Motion carried.
93188 - 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 Dell
that the hearing be closed and that the recommendation of approval of the
Planning, Programming and Zoning Commission be received and placed on file.
Motion carried.
93189 - Moved by Budak, seconded by Wright
that "an ordinance vacating unimproved N. Janney Avenue as platted south of
Alabar Avenue", be received, placed on file, considered and passed for the
first time. Ayes: Seven. Motion carried.
93190 - 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.
93191 - Moved by Buck, 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.
93192 - Moved by Dell, seconded by Angel
that "an ordinance vacating unimproved N. Janney Avenue as platted south of
Alabar Avenue", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3607.
December i9, 1988 Page 2
Hearings - continued
93193 - Moved by Fox, seconded by Buck
that "Resolution authorizing sale and conveyance of unimproved N. Janney Avenue
as platted south of Alabar Avenue to Max E. and Helen M. Guernsey and William
H. and Beverly R. Orton", be adopted and City Attorney instructed to prepare a
deed accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-670.
PETITIONS FROM PUBLIC
93194 - Moved by Dell, seconded by Wright
that communication from City Planner transmitting request of Russell and Ann
Folkers, dba R & A Trucking Enterprises, Inc., to rezone from "A-1"
Agricultural District to "M -2,P" Planned Industrial District property generally
located along the south side of Newell Street and immediately west of Dixiana
Motor Lines, Inc., together with recommendation of approval of the Planning,
Programming and Zoning Commission, be received, placed on file and "Resolution
setting date of public hearing as January 9, 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. 1988-671.
93195 - Moved by Dell, seconded by Wright
that communication from City Planner transmitting request of Western Auto to
vacate, sell and convey the easterly twelve (12) feet of East Ridgeway Avenue
right-of-way from East San Marnan Drive northerly approximately 239 feet,
together with recommendation of approval of the Planning, Programming and
Zoning Commission, be received, placed on file and "Resolution setting date of
public hearing as January 9, 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. 1988-672.
93196 - Moved by Dell, seconded by Wright
that communication from City Planner transmitting request of Waterloo Lumber
Company and Kroblin Refrigerated Express to vacate, sell and convey Arbor
Street, together with recommendation of approval of the Planning, Programming
and Zoning Commission, be received, placed on file and "Resolution setting date
of public hearing as January 9, 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. 1988-673.
93197 - Moved by Dell, seconded by Wright
that communication from City Planner transmitting request of Francis Dilley to
rezone from "A-1" Agricultural District to "M-1" Light Industrial District
property generally located at 1100 Bishop Avenue approximately 1/4 mile south
of Independence Avenue, together with recommendation of denial of the Planning,
Programming and Zoning Commission, be received, placed on file and "Resolution
setting date of public hearing as January 9, 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. 1988-674.
December 19, 1988
Petitions from Public - continued
93198 - Moved by Dell, seconded by Wright
Page 3
that communication from City Planner transmitting 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, be received, placed on file and
"Resolution setting date of public hearing as January 9, 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. 1988-675.
REPORTS
93199 - Moved by Brown, seconded by Fox
that the Waterloo Housing Authority Ridgeway Towers and Section 8 Existing
Housing Certificate Program dated December, 1988, be received and placed on
file. Motion carried.
DOCUMENTS
93200 - Moved by Budak, seconded by Angel
that communication from City Planner transmitting Contract and Petition and
Waiver Forms from Tower Park Partnership to install storm sewers, curb and
gutter, concrete street paving and box culvert on Park Tower Drive from Nicki
Street to Kimball Avenue, 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. 1988-676.
93201 - Moved by Budak, seconded by Angel
that communication from Recreation Department transmitting Architectural
Agreement with Thorson-Brom-Broshar-Snyder Architects, Inc. for an addition to
the Waterloo Recreation & Arts Center to include a lecture hall to seat 60
persons located within a gallery for the permanent collection, be received,
placed on file and "Resolution approving said agreement", be adopted and Mayor
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-677.
RESOLUTIONS TO BE ADOPTED
93202 - Moved by Buck, seconded by Wright
that "Resolution concerning policy for City of Waterloo employees who retire
under Rule 92 as authorized by the Iowa Legislature under HF 2405", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-678.
93203 - Moved by Buck, seconded by Wright
that "Resolution authorizing the condemnation and temporary easement for Parcel
No. 11 in conjunction with Cleveland Street Reconstruction, IX -6627(1)--79-07
(Lawrence R. Meisner)", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-679.
93204 - Moved by Buck, seconded by Wright
that "Resolution amending Resolution Nos. 1987-76, 1987-126 and 1987-179
stating the land acquired was for public street purposes in conjunction with
the widening of W.C.F.&N. Drive", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-680.
December 19, 1988 Page 4
ORDINANCES TO BE ADOPTED
93205 - Moved by Dell, seconded by Fox
that "an Ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa 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 received, placed on file, considered and passed for the second
time.
Prior to the vote, Ken Samek from Hawkeye Alarm stated that he was not opposed
to the proposed fee for alarms by the Police Department but felt that the
$60.00 yearly fee was excessive. Samek continued that presently the Police
Department is receiving annually $7,000 in false alarm fees and felt that this
was adequate to compensate the Department in the monitoring operation.
Police Chief Roger Shook stated that all alarms that are hooked directly into
the Police Department are monitored on a 365 day, 24 hour basis. Shook stated
that the false alarms are a separate issue and that presently the alarm system
is being subsidized by taxes and he felt that it should totally be generated on
a fee basis.
Councilperson Angel questioned the section of the ordinance that would charge
for audio alarms in the homes not directly tied into the Police Department.
Police Chief Roger Shook stated that the alarms would be charged after the
alarm is discovered in the home through either a response to the alarm or some
other means.
Ken Samek questioned the liability that the City would have regarding the
charging for monitoring alarms and not responding to an alarm.
Assistant City Attorney Tim Luce stated that the City would have no more
liability if it responded to alarms in a timely and prudent fashion.
Councilperson Buck stated that he felt that this was a small fee to pay for 24
hour service.
Councilperson Angel stated that she didn't feel that the people with alarms not
hooked directly to the Police Department should be charged. She stated that
they should only be charged if their alarm goes off and the Police respond and
it is a false alarm. Discussion centered around removing that section of the
ordinance and it was decided that at the third reading that the section of the
ordinance charging for audio alarms in the homes not directly hooked to the
Police Department would not be charged a monthly fee.
Ayes: Six. Nays: Angel. Motion carried.
93206 - Moved by Buck, seconded by Fox
that "an Ordinance fixing the compensation of Council Members of the City of
Waterloo, Iowa, and repealing Ordinance No. 3406", be received, placed on file,
considered and passed for the third time. Ayes: Four. Nays: Dell, Angel,
Brown. Motion carried.
93207 - Moved by Buck, seconded by Fox
that "an Ordinance fixing the compensation of Council Members of the City of
Waterloo, Iowa, and repealing Ordinance No. 3406", be adopted. Ayes:
Four. Nays: Dell, Angel, Brown.
Ordinance adopted and upon approval by Mayor assigned No. 3608.
December 19, 1988
Page 5
Ordinances to be Adopted - continued
93208 - Moved by Brown, seconded by Budak
that "an Ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa, by repealing Subsection (1) Membership; Term, and Subsection
(2) Persons Eligible for Membership, of Section 2-193, Board Organization, and
by repealing Subsection (2) General Powers, and Subsection (5), Board Meetings,
of Section 2-194, Powers and Duties of the Board, of Division 4, Board of Park
Commissioners; and enacting in lieu thereof a new Subsection (1) Membership;
Term, and New Subsection (2) Persons Eligible for Membership, of Section 2-193,
Board Organization, and a new Subsection (2) General Powers, and new Subsection
(5), Board Meetings, to Section 2-194, Powers and Duties of the Board, of
Division 4, Board of Park Commissioners (Board of Park Commissioners)", be
received, placed on file, considered and passed for the first time.
Prior to the vote, moved by Buck, seconded by Dell
to amend the proposed ordinance to read as follows:
Amend Section 2-194(2), Subsection (b) relating to Board of Park Commissioners
to read:
(b) Expenditure of Funds. The commissioners shall have authority to
expend for and on behalf of such municipality all sums of money so appropriated
except that all purchases of goods and services shall be made in accordance
with the City's established rules and regulations and especially those sections
relating to open competitive bidding.
Vote on the amendment: Ayes: Seven. Motion carried.
93209 - A vote was then taken on the ordinance as amended: Ayes: Seven. Motion
carried.
93210 - Moved by Fox, seconded by Budak
that "an Ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa, by repealing of Article II, Playgrounds, of Chapter 28, Parks
and Recreation; and by enacting in lieu thereof a new Article II, Recreation,
of Chapter 28, Parks and Recreation (Board of Recreation Commissioners)", be
received, placed on file, considered and passed for the first time, with the
following amendment:
Amend Section 28-25 Subsection (a) relating to Recreation and Arts
Commissioners to read:
(a) Expenditure of Funds. The commissioners shall have authority to
expend for and on behalf of such municipality all sums of money so appropriated
except that all purchases of goods and services shall be made in accordance
with the City's established rules and regulations and especially those sections
relating to open competitive bidding.
A vote was then taken on the ordinance as amended: Ayes: Seven. Motion
carried.
BILLS PAYMENT
93211 - Moved by Angel, seconded by Wright
that "Resolution approving Schedule A918, pp. 1-61, in the amount of
$1,636,243.12, and W900, pp. 1-2, in the amount of $1,135.00, copies of which
are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Abstain:
Buck.
Resolution adopted and upon approval by Mayor assigned No. 1988-681.
December 19, 1988 Page 6
NEW BUSINESS
93212 - Moved by Budak, seconded by Wright
that communication from City Planner transmitting proposed amendments to
Special Permits Section of the Zoning Ordinance to change all references to
"City Council" to "Board of Adjustment" and change all references to "Iowa
Department of Water, Air and Waste Management" to the "Iowa Department of
Natural Resources" and to raise special permit fees, together with
recommendation of approval of the Planning, Programming and Zoning Commission,
be received, placed on file and "Resolution setting date of hearing as January
9, 1989 at 7:00 p.m. in City Hall Council Chambers on the above described
proposed amendments", be adopted and Clerk/Auditor instructed to publish notice
of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-682.
93213 - Moved by Budak, seconded by Wright
that communication from Fire Chief transmitting request to set date of hearing
on a three-year lease purchase agreement for a Life Line ambulance with Gelco
Corporation, dba GE Capital Fleet Services, be received, placed on file and
"Resolution setting date of hearing as December 27, 1988 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. 1988-683.
MISCELLANEOUS
93214 - Moved by Brown, seconded by Buck
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 with the exception noted for Player's Lounge
and West Coast Connection and application for license for distress sale, be
received, placed on file and approved:
1. Beer License Permit Application
Class C
Pronto, 4335 Texas Street (Renewal) (Expires 1/7/90) (Includes Sunday
Sales)
Big 10 Mart, 127 Jefferson (Renewal) (Expires 1/11/90) (Includes Sunday
Sales)
Pony Express, 2332 Falls Avenue (New Owner) (Expires 12/21/89) (Includes
Sunday Sales)
2. Beer & Liquor License Permit Application
Class C
Players Lounge, 109 Oneida Street (New Owner) (Expires 1/5/90) (Includes
Sunday Sales), action delayed until 12/27/88
Blue Bird Lounge & Grill, 921 Broadway (Renewal) (Expires 12/22/89)
(Includes Sunday Sales)
West Coast Connection, 735 Logan (Renewal) (Expires 12/21/89) (Includes
Sunday Sales), subject to compliance with Ordinance No.3494, Peephole
Ordinance in thirty (30) days
Pony Express, 1625 West 4th Street (New Owner) (Expires 12/21/89)
(Includes Sunday Sales)
3. Beer & Wine License Permit Application
Class E
Pony Express, 1020 Franklin (New Owner) (Expires 12/21/89) (Includes
Sunday Sales)
4. Liquor License Permit Application
Class E
Stokes Market, 16111 East 4th Street (New) (Expires 12/20/89) (Includes
Sunday Sales)
Application for License for Distress Sale
Hall Tree, 202 Byron
Motion carried.
December 19, 1988 Page 7
BONDS
93215 - Moved by Brown, seconded by Budak
that the report of the City Attorney and list of bonds filed with Clerk/Auditor
through December 19, 1988, be received, placed on file and report and bonds
approved. Motion carried.
ORAL PRESENTATIONS
93216 - Councilperson Buck distributed a copy of a news article from the Des Moines
Register regarding the recycling process taking place in Dubuque, Iowa. Buck
stated that the recycling issue is a growing issue and one that the Council is
going to have to face in the near future.
ADJOURNMENT
93217 - Moved by Buck, seconded by Wright
that the Council adjourn. Motion carried.
Larry P. Burger
Clerk/Auditor