HomeMy WebLinkAboutMinutes- 11/21/1988November 21, 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 21, 1988. Mayor Bernard L. McKinley
in the Chair. Roll Call: Dell, Fox, Angel, Buck, Budak, Brown. Absent: Wright.
Invocation by: Councilperson Bob Brown
Pledge of Allegiance: Troop #11 --Cory Saland and Jeff Perry
93079 - Moved by Buck, seconded by Angel
that the Agenda, as amended, for the Regular Session on November 21, 1988 at
7:00 p.m., and the Minutes of the Regular Session on November 14, 1988 at 7:00
p.m., be accepted and approved. Motion carried.
PETITIONS FROM PUBLIC
93080 - Mayor McKinley honored Donna Duryea as the recipient of the third quarter
Service Above Self Award. Donna has continually increased her efficiency as a
City employee plus taking on outside educational advancement.
Moved by Budak, seconded by Brown
that communication from City Planner transmitting request of Mr. and Mrs.
Howard Brenskill and Mr. and Mrs. John Adams to rezone from "R-2" One and Two
Family Residence District to "C-1" Commercial District/"C-Z" Conditional Zoning
property generally located at the southwest corner of West Ninth Street and
Williston Avenue, together with the recommendation of denial of the Planning,
Programming and Zoning Commission, be received, placed on file and "Resolution
setting date of hearing as December 19, 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: Six. Absent: Wright.
Resolution adopted and upon approval by Mayor assigned No. 1988-629.
93081 - Moved by Budak, seconded by Brown
that communication from City Planner transmitting request of Max Guernsey and
Jim Blackledge to vacate, sell and convey unimproved N. Janney Avenue as
platted south of Alabar Avenue, together with recommendation of approval of the
Planning, Programming and Zoning Commission, be received, placed on file and
"Resolution setting date of hearing as December 19, 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: Six. Absent:
Wright.
Resolution adopted and upon approval by Mayor assigned No. 1988-630.
REPORTS
93082 - Moved by Angel, seconded by Fox
that the Waterloo Housing Authority Ridgeway Towers and Section 8 Existing
Housing Certificate Program dated November, 1988, be received and placed on
file. Motion carried.
93083 - Moved by Angel, seconded by Fox
that communication from Executive Director of Waterloo Redevelopment Authority
transmitting F.Y. 1988 Annual Report of Waterloo Redevelopment Authority be
received and placed on file. Motion carried.
November 21, 1988 Page 2
DOCUMENTS
93084 - Moved by Buck, seconded by Fox
that communication from City Engineer transmitting Road Use Tax Fund "Five -Year
Street Construction Program" (R.U.T. 4) with the Iowa Department of
Transportation, together with recommendation of approval, be received, placed
on file and "Resolution approving said program", be adopted and City
ClerkjAuditor instructed to file the "Official Municipality Report for Street
Construction Program" with the Iowa Department of Transportation by December 1,
1988. Ayes: Six. Absent: Wright.
Resolution adopted and upon approval by Mayor assigned No. 1988-631.
93085 - Moved by Buck, seconded by Fox
that communication from Assistant City Engineer transmitting Change Order No. 2
for a net decrease of $149,610.09 for work to be performed by Aspro, Inc. &
Subsidiary in conjunction with F.Y. 1988 Street Reconstruction Program 2,
Contract No. 339, together with recommendation of approval, be received, placed
on file and Mayor and ClerkjAuditor authorized to execute same. Motion
carried.
93086 - Moved by Buck, seconded by Fox
that communication from Assistant City Engineer transmitting Completion of
Project and Recommendation of Acceptance for F.Y. 1988 Street Reconstruction
Program 2, Contract No. 339, for work completed by Aspro, Inc. & Subsidiary, be
received, placed on file and "Resolution approving said document", be adopted.
Ayes: Six. Absent: Wright.
Resolution adopted and upon approval by Mayor assigned No. 1988-632.
93087 - Moved by Buck, seconded by Fox
that Maintenance Bond in conjunction with F.Y. 1988 Street Reconstruction
Program 2, Contract No. 339, from Aspro, Inc. & Subsidiary, be received and
placed on file. Motion carried.
93088 - Moved by Buck, seconded by Fox
that communication from Associate City Engineer transmitting Completion of
Project and Recommendation of Acceptance for F.Y. 1988 Lafayette & East Fourth
Streets Reconstruction Program, Contract No. 332, for work completed by Cedar
Valley Corporation, be received, placed on file and "Resolution approving said
document", be adopted. Ayes: Six. Absent: Wright.
Resolution adopted and upon approval by Mayor assigned No. 1988-633.
93089 - Moved by Buck, seconded by Fox
that Maintenance Bond in conjunction with F.Y. 1988 Lafayette & East Fourth
Streets Reconstruction Program, Contract No. 332 from Cedar Valley Corporation,
be received and placed on file. Motion carried.
93090 - Moved by Buck, seconded by Fox
that communication from Assistant City Engineer transmitting Completion of
Project and Recommendation of Acceptance for F.Y. 1989 500 Block Derbyshire
Road Paving, Contract No. 355, for work completed by Aspro, Inc. & Subsidiary,
be received, placed on file and "Resolution approving said document", be
adopted. Ayes: Six. Absent: Wright.
Resolution adopted and upon approval by Mayor assigned No. 1988-634.
93091 - Moved by Buck, seconded by Fox
that Maintenance Bond in conjunction with F.Y. 1989 500 Block Derbyshire Road
Paving, Contract No. 355, from Aspro, Inc. & Subsidiary, be received and placed
on file. Motion carried.
'November 21, 1988 Page 3
Documents - continued
93092 - Moved by Buck, seconded by Fox
that communication from Transportation Program Manager transmitting Contract
for Underground Tank Investigation with Twin City Testing for 1701 Falls Avenue
in conjunction with Cleveland Avenue, IX -6627(3)--79-07, be received, placed on
file and "Resolution approving said contract", be adopted and Mayor authorized
to execute same. Ayes: Six. Absent: Wright.
Resolution adopted and upon approval by Mayor assigned No. 1988-635.
93093 - Moved by Buck, seconded by Fox
that communication from Transportation Program Manager transmitting agreement
with Iowa Northern Railway Company for the placement of traffic signal conduit
under the Iowa Northern Railway Company track at West Eleventh Street and at
Williston Avenue, together with recommendation of approval, be received, placed
on file and "Resolution approving said agreement", be adopted and Mayor and
Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Wright.
Resolution adopted and upon approval by Mayor assigned No. 1988-636.
93094 - Moved by Buck, seconded by Fox
that communication from City Planner transmitting American Institute of
Architect (AIA) Document B141 Standard Form of Agreement with Flinn Saito
Andersen & Robert Devoe Architects for department space needs and
locations/study of renovation options of the former East Side Library, together
with recommendation of approval of the Building & Grounds Committee, be
received, placed on file and "Resolution approving said agreement", be adopted
and Mayor authorized to execute same. Ayes: Six. Absent: Wright.
Resolution adopted and upon approval by Mayor assigned No. 1988-637.
RESOLUTIONS TO BE ADOPTED
93095 - Moved by Fox, seconded by Buck
that "Resolution transferring from the Airport General Fund the sum of
$5,876.19 to the Debt Service Fund", be adopted. Ayes: Six. Absent: Wright.
Resolution adopted and upon approval by Mayor assigned No. 1988-638.
93096 - Moved by Fox, seconded by Buck
that "Resolution transferring from the Tax Increment Financing Fund the sum of
$236,000.00 to the Debt Service Fund", be adopted. Ayes: Six. Absent:
Wright.
Resolution adopted and upon approval by Mayor assigned No. 1988-639.
93097 - Moved by Fox, seconded by Buck
that "Resolution transferring from the East Park Avenue Parking District the
sum of $69,618.00 to the Debt Service Fund", be adopted. Ayes: Six. Absent:
Wright.
Resolution adopted and upon approval by Mayor assigned No. 1988-640.
93098 - Moved by Fox, seconded by Buck
that "Resolution transferring from the Trust and Agency Fund the sum of
$1,151,650.00 to the General Fund", be adopted. Ayes: Six. Absent: Wright.
Resolution adopted and upon approval by Mayor assigned No. 1988-641.
November 21, 1988 Page 4
Resolutions to be Adopted - continued
93099 - Moved by Fox, seconded by Buck
that "Resolution approving acquisition contract payment and accepting of deed
for real property for Parcel No. 45 in conjunction with Ansborough Avenue
Reconstruction, IX -6615(5)--79-07 (Max E. Guernsey)", be adopted. Ayes:
Six. Absent: Wright.
Resolution adopted and upon approval by Mayor assigned No. 1988-642.
93100 - Moved by Fox, seconded by Buck
that "Resolution approving acquisition contract payment and accepting of deed
for real property for Parcel No. 721 in conjunction with Sixth Street
Reconstruction (Donald Hummel)", be adopted. Ayes: Six. Absent: Wright.
Resolution adopted and upon approval by Mayor assigned No. 1988-643.
93101 - Moved by Fox, seconded by Buck
that "Resolution approving partial acquisition contract payment and accepting
of deed for real property for Parcel No. 1 in conjunction with Crossroads
Drainage Improvements (United Concrete, Inc.)", be adopted. Ayes: Six.
Absent: Wright.
Resolution adopted and upon approval by Mayor assigned No. 1988-644.
93102 - Moved by Fox, seconded by Buck
that "Resolution approving the assignment and compromise of taxes to Greg
Bagsby and Alberta Morehead for property located at 211 Linn Street and the
vacant lot lying to the south", be adopted. Ayes: Six. Absent: Wright.
Resolution adopted and upon approval by Mayor assigned No. 1988-645.
93103 - Moved by Fox, seconded by Buck
that "Resolution accepting the Ford 700 truck from Fahr Beverage, Inc. for use
by the Fire Department Hazardous Material Team", be adopted. Ayes: Six.
Absent: Wright.
Resolution adopted and upon approval by Mayor assigned No. 1988-646.
93104 - Moved by Fox, seconded by Buck
that "Resolution granting an easement for ingress and egress to the property
owner over property acquired by the City adjacent to 2642 WCF & N Drive", be
adopted. Ayes: Six. Absent: Wright.
Resolution adopted and upon approval by Mayor assigned No. 1988-647.
ORDINANCES TO BE ADOPTED
93105 - Moved by Brown, seconded by Dell
that "an Ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa, by adding Article II, Dangerous Animals and Dogs, to Chapter 7,
Animals and Fowl", be received, placed on file, passed and considered for the
first time. Ayes: Six. Absent: Wright. Motion carried.
93106 - Moved by Buck, seconded by Dell
that rules requiring ordinances to be considered and voted for passage at two
prior meetings, be suspended. Ayes: Six. Absent: Wright. Motion carried.
93107 - Moved by Fox, 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: Wright. Motion carried.
November 21, 1988 Page 5
Ordinances to be Adopted - continued
93108 - Moved by Dell, seconded by Fox
that "an Ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa, by adding Article II, Dangerous Animals and Dogs, to Chapter 7,
Animals and Fowl", be adopted. Ayes: Six. Absent: Wright.
Ordinance adopted and upon approval by Mayor assigned No. 3601.
93109 - Moved by Dell, seconded by Brown
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 second time.
Prior to the vote, Ross Blow, 320 Oak Park Circle, stated that he was still in
opposition to the proposed increase of the rental inspection fees. Blow had
many questions concerning the number of rental housing units and various other
items that he was concerned about.
Mayor McKinley stated that even with the increase, this would not pay the cost
of completing the rental housing inspections.
Bob Mills, 807 West Second Street, Cedar Falls, stated that he owned many
rental properties in the City of Waterloo, and he also opposed the raisihg of
the fees for inspections. Mills stated that he felt that the Council and Fire
Chief were using very creative accountant in coming up with the new fee
structure. Mills continued that he was opposed to being nickeled and dimed to
death as far as the fees for operating rental property were concerned.
Mike Elin, 709 Indiana Street, stated that if the fees were raised, he would
have to pass it on to the tenants of his rental properties.
John Wood, Evansdale, stated that he owned several rental properties in the
City of Waterloo, and if the Council were to place the rental inspection fees
back to the 1981 level, he should be able to raise his rent back to the 1981
level.
Mayor McKinley stated that it is a wrong perception that the City Council is
picking on the landlords of the community. McKinley stated that was not the
intent in raising the fees, but to help cover the costs of the inspections.
Fire Chief Stan Stapella stated that the fees would generate approximately
$11,000 additional income for the Fire Department in a year's time.
Sandy Schwickerath, 1400 West Third Street, stated that she also opposed the
increase in the fees. Schwickerath stated that now that things are looking up,
why does the City have to start increasing fees.
Barbara Blow, 320 Oak Park Circle, stated that she was representing two other
landlords in the area, and they also opposed the increase in rental inspection
fees.
Ayes: Six. Absent: Wright. Motion carried.
November 21, 1988 Page 6
Ordinances to be Adopted - continued
93110 - Moved by Buck, seconded by Fox
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 second time. Ayes: Five. Nays: Angel. Absent:
Wright. Motion carried.
93111 - 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,
passed and considered for the second time.
Moved by Budak, Moved by Buck
that an amendment be added to the Ordinance fixing the compensation of Council
Members to change the effective date from January 1, 1990 to July 1, 1990.
Ayes: Buck, Budak. Nays: Dell, Fox, Angel, Brown. Absent: Wright. Motion
failed.
A vote was taken on the original motion with the following results: Ayes:
Fox, Buck, Budak. Nays: Dell, Angel, Brown. Absent: Wright. Motion failed.
BILLS PAYMENT
93112 - Moved by Angel, seconded by Brown
that "Resolution approving Schedule A918, pp. 1-56, in the amount of
$1,085,534.25, copies of which are on file in the Clerk/Auditor's Office", be
adopted. Ayes: Five. Absent: Wright. Abstain: Buck.
Resolution adopted and upon approval by Mayor assigned No. 1988-648.
NEW BUSINESS
93113 - Moved by Brown, seconded by Buck
that communication from Mayor Bernard L. McKinley transmitting recommendation
of appointment of Margaret Georgia Carson to the Metropolitan Transit Authority
Board of Directors effective immediately, with expiration date of July 1, 1991,
be received, placed on file and approved. Motion carried.
MISCELLANEOUS
93114 - Moved by Dell, seconded by Angel
that the following application for beer license, be received, placed on file
and approved application forwarded to the Iowa Beer and Liquor Control
Department:
1. Beer License Permit Application
Class B
Godfather's Pizza, 3811 University Avenue (Renewal) (Expires 12/14/89)
(Includes Sunday Sales)
Motion carried.
BONDS
93115 - Moved by Angel, seconded by Buck
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through November 21, 1988, be received, placed on file and report
and bonds approved. Motion carried.
November 21, 1988 Page 7
ORAL PRESENTATIONS
93116 - Mayor McKinley stated that the Local 838 Hall was presently feeding
approximately 600 people through the Thanksgiving season. McKinley stated that
this shows that people do care about other people in the world in these times.
Mayor -McKinley stated that he was going to sign a proclamation declaring the
week of November 20-27, 1988 as "National Bible Week".
Jim Gano, 1148 Lincoln Street, questioned why the POW/MIA flags were not
flying over City Hall.
Mayor McKinley responded that the POW/MIA flags were presently on order, and
that as soon as we receive them, we would again start flying them over City
Hall.
Glen Jones, 1711 East Fourth Street, questioned the business that was going in
on the corner of East Fourth Street and Newell Street. He stated that it was a
funeral home, and that there was not adequate parking and the traffic
congestion would be a problem for that type of operation.
Bob Stevenson, City Planner, stated that he would meet with Mr. Jones after the
meeting to get the details, but that issue would probably need to go before the
Board of Adjustments for a decision on the parking and the traffic congestion.
Moved by Buck, seconded by Angel
that the above comments be received, placed on file and that the Council
adjourn. Motion carried.
Larry P. Burger
Clerk/Auditor