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HomeMy WebLinkAbout10/17/1988October 17, 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 17, 1988. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Angel, Buck, Wright, Budak, Brown. Absent: Fox. Invocation by: Mayor Bernard McKinley Pledge of Allegiance: Troop 11 --Mike Mann and Chris Clay 92929 - Moved by Buck, seconded by Brown that the Agenda, as proposed, for the Regular Session on October 17, 1988 at 7:00 p.m., be accepted and approved. Motion carried. 92930 - Moved by Buck, seconded by Budak that the Minutes of the Regular Session on October 10, 1988 at 7:00 p.m., be accepted and approved. Motion carried. Councilperson Wright presented Mayor McKinley a plaque from Antioch Baptist Church honoring Mayor McKinley for community services. Wright stated that she was not a member of Antioch but was presented the plaque on Sunday, October 16, to be passed along to the Mayor. UNFINISHED BUSINESS 92931 - David Bartlett, 719 Progress Avenue, spokesman for the citizens petitioning for a truck embargo on Progress, asked why the trucks could not deliver the food and services to Food 4 Less through the parking lot instead of on Progress Avenue. (Tabled from October 10, 1988, CR 92902) Councilperson Brown stated that he had been in contact with Mark Jones, Manager of Food 4 Less, and that Jones had stated that he has his heaviest truck traffic between 6:30 a.m. and 8:00 p.m. and that right now half of the trucks that deliver to Food 4 Less use the parking lot. City Attorney Hugh Field stated that according to the Traffic Code regarding embargoes for streets, if the Council were to place an embargo on Progress, he did not think this would stop the truck traffic based on the fact that trucks may travel on an embargoed street from the nearest intersection to the point of their destination. Councilperson Brown stated that he would just like to try to place the embargo on it for the citizens' sake. Moved by Brown, seconded by Angel to receive and file comments on the petition from residents for a truck embargo for the 700 block of Progress Avenue and the 3800 block of Richland Drive and direct the City Attorney's Office to draft an ordinance placing a truck embargo on Progress Avenue south of University Avenue. Ayes: Six. Absent: Fox. Motion carried. PETITIONS FROM PUBLIC 92932 - Moved by Budak, seconded by Buck that communication from City Engineer transmitting request of Chester N. Johnson for a temporary asphalt driveway, without regard to sidewalk grade, to be located at 848 Maxwell Street, together with recommendation of approval of the City Engineer, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1988-579. October 17, 1988 Page 2 Petitions from Public - continued 92933 - Moved by Budak, seconded by Buck that communication from City Engineer transmitting request of Michael J. Rosteck for temporary asphalt driveway, without regard to sidewalk grade, to be located at 1137 Dundee Avenue, together with recommendation of approval of the City Engineer, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1988-580. 92934 - Moved by Budak, seconded by Buck that communication from City Engineer transmitting request of James Mashek for temporary asphalt driveway, without regard to sidewalk grade, to be located at 3146 Logan Avenue, together with recommendation of approval of the City Engineer, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1988-581. 92935 - Moved by Budak, seconded by Buck that communication from City Engineer transmitting request of Barclay Bartz, 1229 Rainbow Drive, for a temporary concrete driveway, without regard to sidewalk grade, to be located on Valley Road, together with recommendation of approval of the City Engineer, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1988-582. 92936 - Moved by Budak, seconded by Buck that communication from City Planner transmitting proposed amendment to Zoning Ordinance as it pertains to the location of zoning district boundary lines on the zoning map, 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 November 7, 1988 at 7:00 p.m. in the City Hall Council Chambers on the above described amendment", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1988-583. 92937 - Moved by Budak, seconded by Buck that communication from City Planner transmitting proposed ordinance to place a moratorium on development along U.S. 218 for approximately one (1) year, 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 November 7, 1988 at 7:00 p.m. in the City Hall Council Chambers on the above proposed ordinance", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1988-584. 92938 - Moved by Budak, seconded by Buck that communication from City Planner transmitting request of Tower Park Partnership, Inc. to vacate, sell and convey a portion of the right-of-way along the west side of Kimball Avenue south of San Marnan Drive, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as November 7, 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: Fox. Resolution adopted and upon approval by Mayor assigned No. 1988-585. October 17, 1988 Page 3 Petitions from Public - continued 92939 - Moved by Budak, seconded by Buck that communication from Clerk/Auditor transmitting request of Scotty's Thunderbird Tap, 715 Ansborough Avenue, for a variance from the noise ordinance for a temporary beer garden on October 21 and October 22, 1988 from 7:00 p.m. to 11:00 p.m., be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1988-586. 92940 - Moved by Budak, seconded by Buck that communication from City Engineer transmitting request of A. V. Kavle for a temporary concrete driveway, without regard to sidewalk grade, to be located at 108 Valley Road, together with recommendation of approval of the City Engineer, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1988-587. REPORTS 92941 - Moved by Angel, seconded by Buck that communication from Superintendent of Traffic recommendation to reduce speed limit from 35 mph to 25 Prospect Avenue to Independence Avenue, be received, Attorney instructed to prepare ordinance accordingly. 92942 - Moved by Angel, seconded by Buck Operations transmitting mph on Idaho Street from placed on file and City Motion carried. that communication from Superintendent of Traffic Operations transmitting recommendation to raise speed limit on Texas Street from 35 mph to 45 mph on each side of the curves near Cedar Terrace, with speed on the curves remaining at 35 mph, be received, placed on file and City Attorney instructed to prepare ordinance accordingly. Motion carried. DOCUMENTS 92943 - Moved by Brown, seconded by Wright that communication from Assistant City Engineer transmitting Change Order No. 1 for a net increase of $1,488.10 for work to be performed by Cedar Valley Corporation in conjunction with F.Y. 1988 Leather Processor Access Road, RM -8155(6)--9D-07, Contract No. 343, together with recommendation of approval, be received, placed on file and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 92944 - Moved by Brown, seconded by Wright that communication from Public Works Director transmitting Agreement for Maintenance and Repair of State Highways with the Iowa Department of Transportation for U.S. Highway 63, Logan and Mullan Avenues, between Donald Street and Franklin Street, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1988-588. 92945 - Moved by Brown, seconded by Wright that communication from Associate Engineer transmitting Change Order No. 2 for a net increase/decrease of $0.00 for work to be performed by Denver Construction Co., Inc. in conjunction with F.Y. 1988 Tower Park Sanitary Sewer Extension, Contract No. 345, together with recommendation of approval, be received, placed on file and Mayor and Clerk/Auditor authorized to execute same. Motion carried. October 17, 1988 Page 4 Documents - continued 92946 - Moved by Brown, seconded by Wright that communication from Associate Engineer transmitting Change Order No. 1 for a net increase/decrease of $0.00 for work to be performed by E. B. Spencer Engineering Company in conjunction with F.Y. 1988 Tower Park Pump Station, Contract No. 346, together with recommendation of approval, be received, placed on file and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 92947 - Moved by Brown, seconded by Wright that communication from Transportation Program Manager transmitting recommendation of award of Demolition Contract "C-88 (D)" to Dilley Excavating of Waterloo, Iowa in the amount of $26,000.00 in conjunction with Ansborough Avenue North (from University to Upton), be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1988-589. RESOLUTIONS TO BE ADOPTED 92948 - Moved by Buck, seconded by Angel that "Resolution approving acquisition contract payments and accepting of deeds for real property for Parcel No. 7, 1701 Falls Avenue; Parcel No. 10, 1634 Falls Avenue; Parcel No. 12, Vacant lot on corner of SW corner of Harwood and Cleveland; Parcel No. 15, 832-834 Cleveland; Parcel No. 20, 359 Rock Island Road; Parcel No. 1700, 1700 Falls Avenue in conjunction with Cleveland Street Reconstruction, IX -6627(1)--79-07", be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1988-590. 92949 - Moved by Buck, seconded by Angel that "Resolution approving acquisition contract payments and accepting of deeds for real property for 230 Maple Street, 727 Walnut Street and 803 West Fifth Street in conjunction with Sixth Street Extension, IX -6604(2)--79-07", be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1988-591. ORDINANCES TO BE ADOPTED 92950 - Moved by Wright, seconded by Buck that "an ordinance amending the Waterloo Zoning Ordinance by repealing Subsection (105) Rubble Fill Site, of Section 2A-3, Definitions, Part III; and by enacting in lieu thereof Subsections (105) Rubble Fill and (105a) Rubble Disposal Site or Rubble Fill Site; to Section 2A-3, Definitions, Part III; and by adding Subsection 9, Rubble Disposal Site or Rubble Fill Site, to Subsection H, Special Permit Required, of Section 2A-48, Exceptions and Modifications of Part XXII", be received, placed on file, passed and considered for the second time. Ayes: Six. Absent: Fox. Motion carried. 92951 - Moved by Buck, seconded by Brown that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Fox. Motion carried. 92952 - Moved by Brown, 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: Six. Absent: Fox. Motion carried. • October 17, 1988 Ordinances to be Adopted - continued 92953 - Moved by Buck, seconded by Wright Page 5 that "an ordinance amending the Waterloo Zoning Ordinance by repealing Subsection (105) Rubble Fill Site, of Section 2A-3, Definitions, Part III; and by enacting in lieu thereof Subsections (105) Rubble Fill and (105a) Rubble Disposal Site or Rubble Fill Site; to Section 2A-3, Definitions, Part III; and by adding Subsection 9, Rubble Disposal Site or Rubble Fill Site, 'Co Subsection H, Special Permit Required, of Section 2A-48, Exceptions and Modifications of Part XXII", be adopted. Ayes: Six. Absent: Fox. Ordinance adopted and upon approval by Mayor assigned No. 3590. 92954 - Moved by Dell seconded by Brown 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 Section 272, 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 first time. Prior to the vote, Patricia Kneeland, operator of Le Sous -Sol Gourmet Kitchen Shop, presented the Council with three letters signed by the business owners along Sycamore Street in favor of passage of the ordinance. Jim Miller, Owner/Operator of Elder Care, stated that he was in favor of the ordinance except for a couple of exceptions. The exceptions were that he would like to see the spaces within one block of the downtown made into ten hour parking. Miller stated that more people would park in the ten-hour parking places if they were available. Miller also expressed a concern regarding the 40 to 70 percent proposed fee increases in the ramps. Miller stated that he had worked hard to get all of his employees, except one, to park in the ramp and felt if the rates were raised drastically, most of his employees would again give up their spaces in the ramp. Miller also suggested that if the City needed money, several spaces behind City Hall were offered to City employees free. Mayor McKinley stated that the Downtown Council was supportive of the ordinance change when it had been presented to them. McKinley continued that the proposed fee increases in the ramps were still lower than most other major cities. Terry Poe, Director of the Downtown Council, read a statement endorsing the proposed ordinance. Linda Traywick, an employee of the downtown area, stated that at the present time her boss paid for her parking in the ramp, but if the fees were raised, she doubted her employer would continue to pay. Traywick questioned the availability of space for all day parking for disabled employees. John Meyer, Public Works Director, stated that if there were a case of a disabled person employed in the downtown area, that would have to be handled on a case-by-case basis. Councilperson Angel stated she opposed the increase in the fees in the ramp. Angel continued that she was tired of socking it to the citizens of the community. John Meyer, Public Works Director, stated that the reason that the increases varied from ramp to ramp is based on a supply and demand type situation. He continued that the last time the City raised rates in the ramps was approximately four years ago. Projected revenue from the increases would be approximately $41,000, and the reason for the variation in the ramp rates was because the East Fifth Street ramp was underutilized. October 17, 1988 Page 6 Ordinance to be Adopted - continued Councilperson Wright stated that she disagreed with the fact must be moved every two hours in a two-hour parking meter sta Kathy Oberle, 710 Forest Avenue, stated that the citizens of voted on the sales tax and that now in order for the City parking ramps, the City must raise its fees. that an automobile 11. the community have to maintain their Mary Lichty, 535 W. Wellington, stated that she had been telling the City for ten years to remove the meters from downtown. Lichty stated that she opposed the raises in the parking ramp fees, and if the City Council raises the fees, they will be driving the people out of downtown. Emil Marx, Russell Lamson Apartments, stated that he presently parks in the West Fifth Street ramp. Marx stated that he felt a 74 percent increase from $20 to $35 was quite excessive. Paul Marten, East Fourth Street, stated he was in favor of the ordinance except for the proposed increases in the ramp fees. Councilperson Brown stated that he would like to pass the ordinance on the first reading tonight and prior to the second reading review some of the proposed increases in the ramp to see if a solution could be worked out. Councilperson Wright stated that she would like to look at not only the rate increases for all the parking ramps but would like to review why the east and west ramps have different rates and also the time element or street parking. Ayes: Five. Nays: Angel. Absent: Fox. Motion carried. BILLS PAYMENT 92955 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-44, in the amount of $235,055.02, and Schedule W900, pp. 1-3, in the amount of $6,168.66, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Five. Abstain: Buck. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1988-592. NEW BUSINESS 92956 - Moved by Buck, seconded by Brown that communication from Waterloo Water Works Board of Trustees transmitting recommendation to certify an amount of $451.36 against property located at 1709 Jefferson for replacement of water services, be received, placed on file and "Resolution approving certification of same", be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1988-593. 92957 - Moved by Buck, seconded by Brown that communication from Mayor Bernard Jane Christensen, James Hutchins, Commission for another three (3) year 1991, be received, placed on file and L. McKinley transmitting reappointment of Jr. and Pam Klima to the Recreation term, with expiration date of October 1, approved. Motion carried. Travel Request 92958 - Moved by Angel, seconded by Wright that the following travel request with expenses not to exceed amount shown, be received, placed on file and approved: .• October 17, 1988 Travel Request - continued Page 7 1. Clarence Alling, Arts Director; Cammie Scully, Assistant Director; Bonnie Winninger, Director of Education; Carolyn Carpenter, Assistant Director of Education, to attend the Iowa Museum Association Conference in Sioux City, Iowa on October 25-26, 1988, with costs not to exceed $125 per person, including the use of City vehicle. Motion carried. MISCELLANEOUS 92959 - Moved by Angel, seconded by Wright that the following application 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 haunted house, be received, placed on file and approved: 1. Beer & Wine License Permit Application Class E Stokes Mart, 1611 East 4th Street (Renewal) (Expires 11/13/89) (Includes Sunday Sales) 2. Beer and Liquor License Permit Application Class C Z's Seven Seas, 3927-3937 West Airline Highway (Renewal) (Expires 10/31/89) The Brown Bottle, 209 West Fifth (Renewal) (Expires 10/22/89) (Includes Sunday Sales) Application for Haunted House Waterloo Jaycees at Whittier School, 416 Sullivan Avenue, October 21-23 and October 27-31 between 6:00 p.m. and midnight. Motion carried. BONDS 92960 - Moved by Buck, seconded by Angel that the report of City Attorney and list of bonds filed with the Clerk/Auditor through October 17, 1988, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 92961 - Councilperson Dell asked that a letter from Cathy Pearson -Moore be distributed to the Council regarding the proposal taken up with the Community Development Board regarding the former Hustler Pool Hall on East Fourth Street. Councilperson Wright introduced Lucille Sayers, 1556 Newell Street, regarding a petition to be placed for oiling on one block of Neville Street. Mayor McKinley stated that the policy of the City is for no oiling except through an assessment program. McKinley stated that it cost between $40,000 to $50,000 to pave a street now and right now the only two options for paving would be through a General Obligation Bond Issue or an Assessment Program. Councilperson Wright stated that Sayers would be willing to be assessed for oiling. The petition will be distributed to the Council. L. C. Hennessey, 319 Belmont, stated that the City of Waterloo should get into the resource recovery business. He also stated that the City should be thinking about bringing back the one cent sales tax referendum for a second vote. October 17, 1988 Page 8 Oral Presentations - continued Moved by Buck, seconded by Wright that the above comments be received, placed on file and the Council adjourn. Motion carried. Larry P. Burger Clerk/Auditor