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Home My WebLink About10/03/1988October 3, 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 3, 1988. Mayor Bernard L. McKinley in the Chair. Roll Call: Fox, Angel, Buck, Wright, Budak, Brown. Absent: Dell. Invocation by: Mayor Bernard L. McKinley Pledge of Allegiance: Councilperson Dave Buck 92860 - Moved by Buck, seconded by Brown that the Agenda, as amended, for the Regular Session on October 3, 1988 at 7:00 p.m., be accepted and approved. Motion carried. 92861 - Moved by Buck, seconded by Brown that the Minutes of the Regular Session on September 26, 1988 at 7:00 p.m. and the Special Session on September 28, 1988 at 11:00 a.m., be accepted and approved. Motion carried. PETITIONS FROM PUBLIC 92862 - Moved by Brown, seconded by Budak that communication from City Planner transmitting minor site plan amendment request of Dale Clark Prosthetics for property located at 3138 Kimball Avenue for an addition to their existing building, together with recommendation of the Planning, Programming and Zoning staff, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1988-555. 92863 - Moved by Brown, seconded by Budak that communication from City Planner transmitting minor site plan amendment request of Harbaugh-Winninger Realtors for property located at 3110 Kimball Avenue for an addition to existing building, together with recommendation of the Planning, Programming and Zoning staff, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1988-556. 92864 - Moved by Brown, seconded by Budak that communication from City Engineer transmitting curb cut request of Heating and Cooling Supply Company, Inc. for access to Broadway Street near the Franklin -Mulberry Crossover, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1988-557. 92865 - Moved by Brown, seconded by Budak that communication from City Engineer transmitting request of Jack D. Cherry for a temporary concrete driveway, without regard to sidewalk grade, to be located at 3005 West Fourth Street, together with recommendation of approval of City Engineer, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1988-558. 92866 - Moved by Brown, seconded by Budak that communication from City Planner transmitting minor site plan amendment request of Jefferson House for property generally located at the corner of Fletcher and Reber Avenues for an addition to existing building, together with recommendation of approval of the Planning, Programming and Zoning staff, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Dell. Resolutionadopted and upon approval by Mayor assigned No. 1988-559. October 3, 1988 Page 2 REPORTS 92867 - Moved by Fox, seconded by Wright that communication from Superintendent of Traffic Operations transmitting recommendation on elimination of parking on the south side of Donald Street between Heath Street and Logan Avenue and lowering the speed limit from 35 mph to 30 mph, be received, placed on file and City Attorney instructed to prepare ordinance accordingly. Motion carried. 92868 - Moved by Fox, seconded by Wright that communication from Public Works Director transmitting request to ask Iowa Public Service (IPS) to establish a low-pressure sodium street light rate schedule be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1988-560. DOCUMENTS 92869 - Moved by Buck, seconded by Angel that communication from Associate Engineer transmitting Change Order No. 1 for a net decrease of $2,610 for work to be performed by Rampart Corporation in conjunction with F.Y. 1989 Storm Sewer Improvements & Repairs Program, Contract No. 354, together with recommendation of approval, be received, placed on file and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 92870 - Moved by Buck, seconded by Angel that communication from Transportation Program Manager transmitting Utility Agreement with Iowa Public Service Company in conjunction with Ansborough Avenue North (University to Upton), IX -6615(7)--79-07, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1988-561. 92871 - Moved by Buck, seconded by Angel that communication from Transportation Program Manager transmitting Utility Agreement with Westmarc Cable Group Inc. in conjunction with Ansborough Avenue North (University to Upton), IX -6615(7)--79-07, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1988-562. 92872 - Moved by Buck, seconded by Angel that communication from Assistant City Engineer transmitting Contract for Engineering Services with Claassen Engineering for sanitary sewer study near Agremp be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1988-563. 92873 - Moved by Buck, seconded by Angel that communication from Assistant City Engineer transmitting the Iowa Department of Transportation "Application to Perform Work Within State Highway Right -of -Way" to construct a storm water outlet in the right-of-way of U.S. 63 adjacent to the Heartland Inn/Country Kitchen on Marnie Avenue, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1988-564. October 3, 1988 Page 3 RESOLUTIONS TO BE ADOPTED 92874 - Moved by Budak, seconded by Wright that "Resolution proclaiming the week of October 2-8, 1988 as Waterloo Minority Enterprise Development Week, 1988", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1988-565. 92875 - Moved by Budak, seconded by Wright that "Resolution approving acquisition contract payment and accepting of deed for real property for Parcel No. 1 in conjunction with F.Y. 1989 Storm Sewer Improvements & Repairs Program, Contract No. 354", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1988-566. ORDINANCE TO BE ADOPTED 92876 - Moved by Buck, seconded by Fox that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo by repealing Subsection (b) of Section 3-32 (Sign Painters and Erectors: Licenses Required; Exception; License Fees; Erector's Bond Required; Amount, Terms and Conditions of Bond) and Section 3-47 (Permit Fees; Penalty for Failure to Obtain a Permit), of Chapter 3, Advertising and Signs; by enacting in lieu thereof a new Subsection (b) of Section 3-32 (Sign Painters and Erectors: Licenses Required; Exception; License Fees; Erector's Bond Required; Amount, Terms and Conditions of Bond) and new Section 3-47 (Permit Fees; Penalty for Failure to Obtain a Permit), of Chapter 3, Advertising and Signs; and by adding a new Subsection (c) to Section 3-45, (Required; Exceptions; Compliance with Chapter Necessary) of Division 2, Permits, of Chapter 3, Advertising and Signs", be received, placed on file, passed and considered for the second time. Prior to the vote, Mark Atkins, Atkins Sign Service, stated that he still objects to this ordinance. Atkins continued that right now portable signs that are electrified need to be UL approved. Atkins stated that it should be up to the local authorities to determine whether the UL inspections are in place. Atkins questioned whether the meeting that formulated the proposed ordinance was open to the public and whether it was legally required to be. Don Temeyer, Planning and Development Director, stated that the committee meeting was held in the second floor conference room in City Hall and it was open to anyone who had a concern regarding the rewriting of the proposed ordinance. Mr. Temeyer stated that Mr. Atkins never objected to not being allowed to bring in other people for that session. Mark Atkins questioned whether the UL requirements were on street lights. Mayor McKinley stated that it is his understanding that Mr. Atkins' only objection to the proposed ordinance is the UL requirement. Mark Atkins stated that if the UL requirement is passed and enforced, he would not be competitive in the market for sign business. He continued that he has never had a bad sign in the history of his operation and that it would cost $5,000 for UL inspection services. Mr. Atkins stated that he would have no problems with the UL requirements if every town and city in the state had the same requirements. Larry Gisch, Midwest Outdoor Advertising, Inc., stated that he was representing Mr. Silverson in this discussion. Mr. Gisch stated that he objected to the proposed UL part of the ordinance based on the fact that Midwest Outdoor Advertising is considering getting into the electric sign business, and if the UL requirement was there, they could not afford to light their signs. Searles Hayden, Hayden Signs, questioned the section allowing a sign painter to paint a sign on the side of a building without having a permit while he is required to have a license and permit. October 3, 1988 Page 4 Ordinance to be Adopted - continued John Nagle, Nagle Signs, stated that he is still in favor of the UL requirements. Nagle stated that he is presently an UL approved company and felt that this was a good requirement to allow safe signs in the City of Waterloo. With no further discussion, a vote was taken. Ayes: Four. Nays: Angel, Wright. Absent: Dell. Motion carried. BILLS PAYMENT 92877 - Moved by Angel, seconded by that "Resolution approving Schedule A918, pp. 1-32, in the amount of $105,155.45 and Schedule W900, pp. 1-4, in the amount of $148,344.25, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Five. Absent: Dell. Abstain: Wright. Resolution adopted and upon approval by Mayor assigned No. 1988-567. Travel Request 92878 - 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: 1. Stan Stapella, Fire Chief, to attend Fall Conference of Iowa Association of Professional Fire Chiefs in Ames, Iowa on October 4-6, 1988, with costs not to exceed $200.00, including the use of City vehicle. Motion carried. MISCELLANEOUS 92879 - Moved by Angel, 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 application for License for Junk Dealer, be received, placed on file and approved: 1. Beer License Permit Application Class B Long John Silver's Seafood Shoppe, 2775 Crossroads Boulevard (New Owner) (Expires 10/15/89) (Includes Sunday Sales) 2. Beer License Permit Application Class C Wareco, 1355 Lafayette (Renewal) (Expires 10/14/89) (Includes Sunday Sales) 3. Beer & Wine License Permit Application Class E Quik Trip, #532, 1104 Washington (Renewal) (Expires 11/14/89) (Includes Sunday Sales) 4. Beer & Liquor License Permit Application Class C The Greyhound Lounge, 708 Jefferson (Renewal) (Expires 10/8/89) (Includes Sunday Sales) Cadillac Bowling Lanes, 650 La Porte Road (Renewal) (Expires 10/5/89) (Includes Sunday Sales) China Star Restaurant, 360 E. Ridgeway Avenue (Renewal) (Expires 10/2/89) (Includes Sunday Sales), subject to compliance with Ordinance No. 3494, Peephole Ordinance The Office Lounge, 226 West 5th Street (New Owner) (Expires 10/20/89) (Includes Sunday Sales) October 3, 1988 Miscellaneous - continued Application for License for Junk Dealer Midwest Iron & Metal, 2724 Lafayette Page 5 Motion carried. BONDS 92880 - Moved by Buck, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through October 3, 1988, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 92881 - Councilperson Wright stated that to celebrate Minority Contractors Week, a luncheon will be held at Payne Memorial AME Church at 12:00 noon on Thursday. Councilperson Wright also submitted a petition to the Clerk to be directed to the Public Works Department regarding the resodding of an area on Alta Vista, Prospect and Vine Street, which was considered poor quality. Moved by Buck, seconded by Wright to receive and file the above comments and to adjourn the Council meeting. Motion carried. Larry P. Burger Clerk/Auditor