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HomeMy WebLinkAbout10/24/1988October 24, 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 October 24, 1988. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Councilperson Fox. Pledge of Allegiance: Pack 559 - Den 3 --Ben Judas, Billy Kugler, Paul Modderman, Dennis Nance, Ryan Regenold. 92962 - Moved by Buck, seconded by Angel that the Agenda, as proposed, for the Regular Session on October 24, 1988 at 7:00 p.m., be accepted and approved. Motion carried. 92963 - Moved by Buck, seconded by Angel that the Minutes of the Regular Session on October 17, 1988 at 7:00 p.m., be accepted and approved. Motion carried. Jim Clabby, representing CNA Insurance, stated that he had presented the Mayor with a check in the amount of $185,148 on Friday as a return premium on the City's general liability and auto insurance. The return premium is a result of the City's fine record in claims. This is the second year of a three year retroactive contract with CNA Insurance. Mr. Clabby suggested that a portion of the refund money be used for implementation of a defensive driving course for City employees whose primary responsibility is the driving of City vehicles. This is a proven cost saving measure. REPORTS 92964 - Moved by Brown, seconded by Dell that the Waterloo Housing Authority Ridgeway Towers and Section 8 Existing Housing Certificate Program dated October, 1988, be received and placed on file. Motion carried. 92965 - Moved by Brown, seconded by Dell that the F.Y. 1987-88 Waterloo Fire Department Annual Report, be received and placed on file. Motion carried. 92966 - Moved by Brown, seconded by Dell that communication from the Superintendent of Traffic Operations transmitting recommendation to make Cadillac Drive a through street and install a stop sign at Progress Avenue, be received, placed on file and City Attorney instructed to prepare an ordinance accordingly. Motion carried. DOCUMENTS 92967 - Moved by Fox, seconded by Wright that communication from Transportation Program Manager transmitting Certificate of Completion and Final Acceptance of Agreement Work for 5th/6th Street, IX -6653(3)--79-07, for work completed by Brice, Petrides -Donohue Company, be received, placed on file and "Resolution approving said document", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-594. 92968 - Moved by Fox, seconded by Wright that communication from Transportation Program Manager transmitting agreement with Iowa Department of Transportation for removal of seven railroad crossings in conjunction with Relocated U.S. 218, IX -218-7(106)--3P-07, IDOT Agreement No. 89-16-030, 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. 1988-595. October 24, 1988 Page 2 RESOLUTIONS TO BE ADOPTED 92969 - Moved by Wright, seconded by Buck that "Resolution authorizing and directing the Clerk/Auditor to destroy certain Executive Session tapes of the Waterloo City Council as provided in Section 21.5, Paragraph 4, 1987 Code of Iowa", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-596. 92970 - Moved by Wright, seconded by Buck that "Resolution authorizing the Mayor to execute a Grant Agreement with the Iowa Department of Economic Development (IDED) for Community Economic Betterment Account (CEBA) funding in the amount of $50,000 for the Cedar Metal Works Corporation", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-597. 92971 - Moved by Wright, seconded by Buck that "Resolution requesting Iowa Public Service Company to install 100 watt high pressure sodium street lights on wooden poles at the intersection of Hollywood and relocated Campbell Street; at the curve on Campbell Street, west of the Campbell, Ansborough intersection; at the intersection of Garden Avenue and Black Hawk Road; at the intersection of Airline Highway and Janet Drive; and relocate the existing pole located approximately 60 feet west of the Airline Highway and Airline Circle intersection to the intersection and install 100 watt high pressure sodium lights", be adopted and Clerk/Auditor authorized to notify Iowa Public Service of said change. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-598. ORDINANCES TO BE ADOPTED 92972 -- Moved by Brown, seconded by Buck that "an Ordinance amending the 1988 Traffic Code by repealing Subsection (17) of Section 273, Section 296, 297, 298, 299, 320, 322, 325, 326 and 329, all regarding Parking; and by enacting in lieu thereof new Subsection (17) of Section 273, New Section 296, 297, 298, 299, 320, 325, 326 and 329, all regarding Parking; and also by repealing Section 333 and 351, Application of Revenue; and enacting in lieu thereof a new Section 353, Application of Revenue; and by adding new Sections 2.72, Authorized Enforcement Agencies, Section 311, Fees - Monthly and Reserved Ramp and Lot Parking, and Section 334, One Vehicle Per Space", be received, placed on file, passed and considered for the second time. Prior to a vote on this ordinance, the following discussion was heard. John Meyer, Public Works Director, presented the three changes to the ordinance: One, a phased approach to the increases in monthly fees for parking lots and ramps with a $5 per month increase on January 1, 1989 and an additional increase of $5 per month effective July 1, 1990. Two, maintain the initial parking fee of $2, but if it is not paid within twenty-four hours, a $5 fine will result. Three, the conversion of approximately 125 parking spaces from two and four hour meter parking to ten hour meter parking. Mr. Meyer reported that the Public Works Committee had favorably reviewed these changes and recommended approval of the ordinance as amended. Miriam Tyson, President of Communication Workers of America, asked that additional long term meters be placed near the U.S. West Building at the corner of Sycamore Street and East Third Street. It was pointed out that ten hour meters are being proposed on East Third Street between Sycamore Street and Lafayette Street. This will be presented in resolution form to the Council at a later time. October 24, 1988 Page 3 Ordinances to be Adopted - continued Harry Lehman, 215 Arden Street, owner and operator of Grandpa Harry's at 623 Sycamore Street, brought to the Council's attention the special problems with parking on Sycamore Street between East Fourth and East Fifth Streets (the meters were removed and adjacent merchants pay $10 per month to the City). He said that there are several employees in the First National Building who abuse the parking privileges by moving their vehicles every two hours. Mr. Lehman also suggested that the courtesy parking sign in the 600 block of Sycamore Street be changed to read "courtesy parking". In response to a concern of Mr. Lehman, the Mayor suggested that he distribute tokens to his customers as is done by several other merchants in the downtown area. Enforcement in the area is difficult. Councilperson Angel asked for clarification of the rates for the reserved parking at the Conway ramp. It was pointed out that the revised monthly fee should be $25 beginning January 1, 1989 and $30 on July 1, 1990. Councilperson Dell suggested that the enforcement of this ordinance is with those individuals in the downtown area. Don Pierce, 833 West Second Street, suggested that there are merchants in the downtown area who are frequently ticketed but are not paying the penalty as required. John Meyer stated that this will be further researched. Councilperson Wright stated that she is willing to support the ordinance, as amended. A vote was taken on the second reading of said ordinance with the following results: Ayes: Seven. Motion carried. 92973 - Moved by Buck, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 92974 - Moved by Angel, seconded by Brown 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. 92975 - Moved by Budak, seconded by Fox that "an Ordinance amending the 1988 Traffic Code by repealing Subsection (17) of Section 273, Section 296, 297, 298, 299, 320, 322, 325, 326 and 329, all regarding Parking; and by enacting in lieu thereof new Subsection (17) of Section 273, New Section 296, 297, 298, 299, 320, 325, 326 and 329, all regarding Parking; and also by repealing Section 333 and 351, Application of Revenue; and enacting in lieu thereof a new Section 353, Application of Revenue; and by adding new Sections 272, Authorized Enforcement Agencies, Section 311, Fees - Monthly and Reserved Ramp and Lot Parking, and Section 334, One Vehicle Per Space", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3591. 92976 - Moved by Brown, seconded by Angel that "an Ordinance amending the 1988 Traffic Code by repealing Subsection (36) Progress Avenue of Subsection 2 of Section 569, Truck Traffic Prohibited on Certain Streets; and enacting in lieu thereof a new Subsection (36) Progress Avenue of Subsection 2 to Section 569, Truck Traffic Prohibited on Certain Streets; and by adding Subsection (38a) Richland Drive to Subsection 2 of Section 569, Truck Traffic Prohibited on Certain Streets", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. October 24, 1988 Page 4 Ordinances to be Adopted - continued 92977 - Moved by Dell, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 92978 - Moved by Buck, 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. 92979 - Moved by Fox, seconded by Angel that "an Ordinance amending the 1988 Traffic Code by repealing Subsection (36) Progress Avenue of Subsection 2 of Section 569, Truck Traffic Prohibited on Certain Streets; and enacting in lieu thereof a new Subsection (36) Progress Avenue of Subsection 2 to Section 569, Truck Traffic Prohibited on Certain Streets; and by adding Subsection (38a) Richland Drive to Subsection 2 of Section 569, Truck Traffic Prohibited on Certain Streets", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3592. 92980 -. Moved by Brown, seconded by Fox that "an Ordinance amending the 1988 Traffic Code by repealing (46a) and (47) Idaho Street of Section 541, Increasing Speed Limits Areas; and by enacting in lieu thereof new Subsections (46a) and Street to Section 541, Increasing Speed Limits in Certain Areas; Subsections (92a), (92b) and (92c) Texas Street to Section 541, Speed Limits in Certain Areas", be received, placed on file, considered for the first time. Ayes: Seven. Motion carried. 92981 - Moved by Angel, seconded by Dell Subsections in Certain (47) Idaho and adding Increasing passed and that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 92982 - 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. 92983 - Moved by Budak, seconded by Dell that "an Ordinance amending the 1988 Traffic Code by repealing Subsections (46a) and (47) Idaho Street of Section 541, Increasing Speed Limits in Certain Areas; and by enacting in lieu thereof new Subsections (46a) and (47) Idaho Street to Section 541, Increasing Speed Limits in Certain Areas; and adding Subsections (92a), (92b) and (92c) Texas Street to Section 541, Increasing Speed Limits in Certain Areas", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3593. 92984 - Moved by Wright, seconded by Brown 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 Fowls", be received, placed on file, passed and considered for the first time. Before a vote was taken on this measure, the following discussion was heard. October 24, 1988 Ordinances to be Adopted - continued Page 5 Bonnie Sines, 1740 Mitchell Avenue, an Animal Behavioral Consultant, had several questions pertaining to the proposed ordinance. She asked if an Animal Control Officer has the authority to declare an animal as "dangerous". She also commented that the ordinance does not provide an impoundment procedure. She also suggested that the Animal Control Officers be provided a policy statement on how to conduct business when in the field. City Attorney Hugh Field commented that the ordinance does allow the Animal Control Officer to make a determination as to whether an animal is "dangerous". An appeal process is available to individuals who wish to appeal the order of the Animal Control Officer as provided in Section 7-16(h). Ms. Sines also asked if the City of Waterloo considered reviewing the Cedar Falls ordinance since it has been in place for approximately a year and a half and has worked quite well. A copy of the ordinance has been provided to the City Attorney's Office. Doreen Ely, 105 East Big Rock Road, trains security dogs. She suggested that perhaps guard dogs should not be excluded from the provisions of the ordinance since many people who are in the business of training security dogs are not qualified to do so. Tom Colvin, Director of the Black Hawk County Humane Society, stated that there are a number of irresponsible pet owners in the community. He also stated that the two month confinement period could cost considerable dollars and the shelter could have some difficulty collecting this fee. Mr. Colvin also asked that the Humane Society be listed as an exemption to the Keeping of Dangerous Animals in Section 7-15(b). This change will be taken under advisement. Mary Haasis, 116 Courtland Avenue, stated that she has three dogs that potentially could bite if teased. L. C. Hennessey, 319 Belmont Avenue, commented on the proposed ordinance. The suggestions made for ordinance revision will be taken under advisement by the City Attorney's Office and the Animal Control Department and brought back to the Council for consideration at the next meeting. A vote was taken on passage of the first reading of the ordinance as described above with the following results: Ayes: Seven. Motion carried. 92985 - Moved by Budak, seconded by Buck that "an Ordinance amending the 1988 Traffic Code by adding Subsection (7) Solid Red/Flashing Red, to Section 105, Traffic -Control Signal Legend", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. 92986 - Moved by Fox, seconded by Angel that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 92987 - Moved by Brown, seconded by Angel 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. 92988 - Moved by Wright, seconded by Buck that "an Ordinance amending the 1988 Traffic Code by adding Subsection (7) Solid Red/Flashing Red, to Section 105, Traffic -Control Signal Legend", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3594. October 24, 1988 Page 6 BILLS PAYMENT 92.989 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-72, in the amount of $1,682,383.86, and Schedule W900, pp. 1-2, in the amount of $34,244.59, 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. 1988-599. NEW BUSINESS 92990 - Moved by Buck, seconded by Angel that communication from Transportation Program Manager transmitting request for authorization to apply for Federal Safety Funds in the amount of $30,000 for intersection improvement for U.S. Highway 218 (University Avenue) and Falls Avenue, be received, placed on file and "Resolution authorizing said application", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-600. Travel Request 92991 - Moved by Brown, seconded by Wright that the following travel request with expenses not to exceed amount shown, be received, placed on file and approved: 1. John Frost, Fire Fighter, to attend Hazardous Material Seminar, the Association of American Railroads Mechanical Division in St. Louis, Missouri, on November 2 and 3, 1988, with costs not to exceed $400.00. Motion carried. MISCELLANEOUS 92992 - Moved by Brown, 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 Department and cigarette license application, be received, placed on file and approved: 1. Beer & Wine License Permit Application Special Class C Waterloo Club, 10 West 4th Street (New) (Expires 11/2/89) 2. Beer & Wine License Permit Application Class E Stokes P & P, 1027 East 4th Street (New Owner) (Expires 10/31/89) (Includes Sunday Sales) Steve's Super Value, 1975 Franklin (Renewal) (Expires 11/12/89) (Includes Sunday Sales) Kimball Ridge Grocery, 2206 Kimball Avenue (Renewal) (Expires 11/13/89) (Includes Sunday Sales) 3. Liquor License Permit Application Class A The Supervisor's Club, 3265 DeWitt Road (Renewal) (Expires 11/9/89) (Includes Sunday Sales) Cigarette License Application One (1) Motion carried. October 24, 1988 Page 7 BONDS 92993 - Moved by Angel, seconded by Buck that the report of the City Attorney and list of bonds filed with Clerk/Auditor through October 24, 1988, be received, placed on file and report and bonds approved. Motion carried. 92994 - Moved by Buck, seconded by Fox that the Council adjourn to Executive Session. Motion carried. Hugh Field, City Attorney, stated that the purchase of property is an allowable topic of Executive Session as authorized under Iowa Code 21.5(j). EXECUTIVE SESSION 92995 - Moved by Buck, seconded by Dell that the Council adjourn the Executive Session. Motion carried. The Mayor called for oral comments and there were none. ADJOURNMENT 92996 - Moved by Wright, seconded by Dell that the Council adjourn. Motion carried. Larry P. Burger Clerk/Auditor