HomeMy WebLinkAbout11/28/1988November 28, 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 November 28, 1988. Mayor Bernard L. McKinley
in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown.
Invocation by: Mayor Bernard L. McKinley
Pledge of Allegiance: Pack #144 --Chris Anderson, Joshua Goings, Tim Markin, Josh
McMurrin, Mark Gruver, Nathan Lawry, Nicholas Lawry, Marshall Wedemeier, Matt Obadal,
Jason Garcia, Jermey Garcia, Phillip Marsh.
93117 - Moved by Buck, seconded by Angel
that the Agenda, as proposed, for the Regular Session on November 28, 1988 at
7:00 p.m. and the Minutes of the Regular Session on November 21, 1988 at 7:00
p.m., be accepted and approved. Motion carried.
93118 - Kathy Oberle, 710 Forest Avenue, Co -Chairman of the UpDowntowners Christmas
Celebration to be held at the Five Sullivan Brothers Convention Center on
December 3, 1988, presented to the Council a gift of a wreath and a silver bell
to be hung on display in appreciation of the Mayor and Council's participation
in making the December 3 Celebration a memorable one.
Mayor McKinley stated that he would have the wreath hung in the waiting room of
the Mayor's Office so all could see and be reminded of the celebration.
Moved by Buck, seconded by Wright
to receive and accept the wreath on behalf of the City. Motion carried.
HEARINGS
93119 - Moved by Angel, seconded by Wright
that proof of publication of notice of public hearing on request of Pamela J.
Barnhart and Donna M. Newton to vacate, sell and convey an alley north of Black
Hawk Road and west of Paul Avenue, as published in the Waterloo Courier on
November 16, 1988, be received and placed on file. Motion carried.
93120 - 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 the recommendation of approval of the Planning,
Programming and Zoning Commission, be received and placed on file. Motion
carried.
93121 - Moved by Buck, seconded by Wright
that "an Ordinance vacating an alley located north of Black Hawk Road and west
of Paul Avenue", be received, placed on file, passed and considered for the
first time. Ayes: Seven. Motion carried.
93122 - 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.
93123 - 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.
93124 - Moved by Budak, seconded by Dell
that "an Ordinance vacating an alley located north of Black Hawk Road and west
of Paul Avenue", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3602.
November 28, 1988
Hearings - continued
93125 - Moved by Fox, seconded by Dell
Page 2
that "Resolution authorizing sale and conveyance of an alley located north of
Black Hawk Road and west of Paul Avenue to Pamela J. Barnhart and Donna M.
Newton", be adopted and City Attorney instructed to prepare and deliver a deed
accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-649.
93126 - Moved by Brown, seconded by Wright
that proof of publication of notice of public hearing on budget estimate of the
Waterloo Water Works, City of Waterloo, Iowa, for the calendar year 1989 as
published in the Waterloo Courier on November 16, 1988, be received and placed
on file. Motion carried.
93127 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for oral and written objections and there were none.
Moved by Wright, seconded by Brown
that the hearing be closed. Motion carried.
93128 - Moved by Angel, seconded by Fox
that "Resolution approving Calendar Year 1989 Waterloo Water Works Budget", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-650.
93129 - Moved by Buck, seconded by Dell
that proof of publication of notice of public hearing on request of Prairie
Park Apartment Association to sell and convey the property located at 425 West
Donald Street as published in the Waterloo Courier on November 16, 1988, be
received and placed on file. Motion carried.
93130 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral comments and there were none.
Moved by Budak, seconded by Brown
that the hearing be closed and that the recommendation of approval of the
Building & Grounds Committee, be received and placed on file. Motion carried.
93131 - Moved by Wright, seconded by Dell
that "Resolution authorizing sale and conveyance of the property located at 425
West Donald Street to Prairie Park Apartment Association", be adopted and City
Attorney instructed to prepare a deed accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-651.
DOCUMENTS
93132 - Moved by Brown, seconded by Wright
that communication from Transportation Program Manager transmitting agreement
with U.S. Department of Energy/Iowa Department of Natural Resources to transfer
title of the traffic signal equipment in conjunction with computerized traffic
system on University Avenue (from U.S. 63 to Midway Drive), POC -8155(1), be
received, placed on file and "Resolution approving said agreement", be adopted
and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-652.
November 28, 1988
Page 3
RESOLUTIONS TO BE ADOPTED
93133 - Moved by Fox, seconded by Buck
that "Resolution requiring Exceptional Persons, Inc. to reconstruct the
drainage ditch at 1325-1327 Black Hawk Road", be adopted.
Prior to the vote, a question was asked whether Exceptional Persons had been
contacted regarding this resolution.
Hugh Field, City Attorney, stated that Exceptional Persons had been notified on
several occasions and to this point, there was no response.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-653.
93134 - Moved by Brown, seconded by Wright
that "Resolution naming MidAmerica Savings Bank as an additional depository for
the City of Waterloo in the amount not to exceed $2,000,000.00", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-654.
93135 - Moved by Brown, seconded by Wright
that "Resolution approving an agreement with Waters, Inc. of Dallas, Texas for
a salary and classification study of non -bargaining City employees", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-655.
ORDINANCES TO BE ADOPTED
93136 - Moved by Buck, seconded by Fox
that "an Ordinance amending Chapter 19, Housing, of the 1988 Code of Ordinances
of the City of Waterloo, Iowa, by repealing Section 19-7, Enforcement
Authority; Section 19-11, Right of Entry; Subsection (a) of Section 19-17,
Fees; Section 19-20, Notices and Orders of Building Official; Section 19-21,
Recordation of Notice and Order; Section 19-22, Repair, Vacation and
Demolition; Section 19-23, Notice to Vacate; Subsections (a), (b), (c), (d) and
(e) of Section 19-24, Appeal; Section 19-27, Staying of Order Under Appeal; and
Section 19-28, Compliance, of Chapter 19, Housing; and by enacting in lieu
thereof new Section 19-7, Enforcement Authority; Section 19-11, Right of Entry;
Subsection (a) of Section 19-17, Fees; Section 19-20, Notices and Orders of
Fire Chief; Section 19-22, Repair, Vacation and Demolition; Section 19-23,
Notice to Vacate; Subsections (a), (b), (c), (d) and (e) of Section 19-24,
Appeal; Section 19-27, Staying of Order Under Appeal; and Section 19-28,
Compliance, of Chapter 19, Housing (Housing Inspection Fees)", be received,
placed on file, passed and considered for the third time. Ayes: Seven. Motion
carried.
93137 - Moved by Brown, seconded by Wright
that "an Ordinance amending Chapter 19, Housing, of the 1988 Code of Ordinances
of the City of Waterloo, Iowa, by repealing Section 19-7, Enforcement
Authority; Section 19-11, Right of Entry; Subsection (a) of Section 19-17,
Fees; Section 19-20, Notices and Orders of Building Official; Section 19-21,
Recordation of Notice and Order; Section 19-22, Repair, Vacation and
Demolition; Section 19-23, Notice to Vacate; Subsections (a), (b), (c), (d) and
(e) of Section 19-24, Appeal; Section 19-27, Staying of Order Under Appeal; and
Section 19-28, Compliance, of Chapter 19, Housing; and by enacting in lieu
thereof new Section 19-7, Enforcement Authority; Section 19-11, Right of Entry;
Subsection (a) of Section 19-17, Fees; Section 19-20, Notices and Orders of
Fire Chief; Section 19-22, Repair, Vacation and Demolition; Section 19-23,
Notice to Vacate; Subsections (a), (b), (c), (d) and (e) of Section 19-24,
Appeal; Section 19-27, Staying of Order Under Appeal; and Section 19-28,
Compliance, of Chapter 19, Housing (Housing Inspection Fees)", be adopted.
Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3603.
November 28, 1988 Page 4
Ordinances to be Adopted - continued
93138 - Moved by Buck, seconded by Budak
that "an Ordinance fixing the compensation of Mayor of the City of Waterloo,
Iowa, and repealing Ordinance No. 3405", be received, placed on file, passed
and considered for the third time.
Prior to the vote, Councilperson Angel stated that she wanted to clear up some
information regarding this issue. Angel stated that she had five comments
regarding the newspaper article stating that there was no opposition to the
Ordinance change regarding the Mayor receiving an increase on January 1, 1990.
She stated that there were no oral or verbal objections, but she would like to
note that she did vote against it on the second reading and intends to vote
against it on the third reading and the adoption of the ordinance.
Ayes: Six. Nays: Angel. Motion carried.
93139 - Moved by Brown, seconded by Fox
that "an Ordinance fixing the compensation of Mayor of the City of Waterloo,
Iowa, and repealing Ordinance No. 3405", be adopted. Ayes: Six. Nays:
Angel.
Ordinance adopted and upon approval by Mayor assigned No. 3604.
93140 - Moved by Fox, seconded by Dell
that "an ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa, by repealing Article II, the Street Commissioner of Chapter 33,
Streets and Sidewalks; and by enacting in lieu thereof a new Article II,
Administration, to Chapter 33, Streets and Sidewalks", be received, placed on
file, passed and considered for the first time.
Prior to the vote, John Meyer, Public Works Director, ran through some of the
changes that were outlined in the proposed ordinance, such as the elimination
of the Street Commissioner's title and the updating of the snow fighting
control on the City streets and sidewalks.
Ayes: Seven. Motion carried.
93141 - Moved by Angel, seconded by Fox
that rules requiring ordinances to be considered and voted for passage at two
prior meetings, be suspended. Ayes: Seven. Motion carried.
93142 - Moved by Budak, 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:
Seven. Motion carried.
93143 - Moved by Fox, seconded by Brown
that "an ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa, by repealing Article II, the Street Commissioner of Chapter 33,
Streets and Sidewalks; and by enacting in lieu thereof a new Article II,
Administration, to Chapter 33, Streets and Sidewalks", be adopted. Ayes:
Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3605.
BILLS PAYMENT
93144 - Moved by Angel, seconded by Wright
that "Resolution approving Schedule A918, pp. 1-41, in the amount of
$457,100.20 and Schedule W900, pp. 1-3, in the amount of $2,897.19, 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. 1988-656.
November 28, 1988
NEW BUSINESS
93145 - Moved by Buck, seconded by Brown
that communication from Mayor Bernard L. McKinley transmitting recommendation
of appointment of Martha Maxon and Michael Broshar to the Historic Preservation
Commission for a period of three years effective immediately, with expiration
date of December 1, 1991, be received, placed on file and approved. Motion
carried.
Page 5
93146 - Moved by Buck, seconded by Brown
that communication form Mayor Bernard L. McKinley transmitting recommendation
of reappointment of George Keith and Mark DeBerg to the Board of Adjustments,
with expiration date of December 8, 1993, be received, placed on file and
approved. Motion carried.
93147 - Moved by Buck, seconded by Brown
that communication from Superintendent of Water Pollution Control transmitting
recommendation of promotion of Carolyn Manatt from Clerk I to Clerk II
effective November 29, 1988, be received, placed on file and approved. Motion
carried.
MISCELLANEOUS
93148 - Moved by Budak, seconded by Wright
that the following applications for beer and liquor licenses, be received,
placed on file and approved applications forwarded to the Iowa Beer and Liquor
Control Department and application for Massage Technician, be received, placed
on file and approved:
1. Beer & Liquor License Permit Application
Class C
The Winning Edge, 341 Fletcher Avenue (Renewal) (Expires 12/2/89)
(Includes Sunday Sales)
North Bank, 722 Water Street (Renewal) (Expires 12/3/89) (Includes Sunday
Sales)
Application for Massage Technician
Wayne C. Wilson, 603 Kirkwood (Expires 11/17/89)
Motion carried.
BONDS
93149 - Moved by Wright, seconded by Angel
that the report of City Attorney and list of bonds filed with the Clerk/Auditor
through November 28, 1988, be received, placed on file and report and bonds
approved. Motion carried.
ADJOURNMENT
93150 - Moved by Buck, seconded by Angel
that the Council adjourn. Motion carried.
Larry P. Burger
Clerk/Auditor