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HomeMy WebLinkAbout09/26/1988September 26, 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 September 26, 1988. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Brown. Absent: Budak. Invocation by: Mayor Bernard L. McKinley Pledge of Allegiance: 92829 - Moved by Buck, seconded by Angel that the Agenda, as proposed, for the Regular Session on September 26, 1988 at 7:00 p.m., be accepted and approved. Motion carried. 92830 - Moved by Buck, seconded by Angel that the Minutes of the Regular Session on September 19, 1988 at 7:00 p.m., be accepted and approved. Motion carried. PETITIONS FROM PUBLIC 92831 - Moved by Brown, seconded by Fox that communication from City Planner transmitting amended site plan request of Jim Blackledge for property generally located east of Linbud Lane and south of Alabar Avenue for a proposed office site, 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: Budak. Resolution adopted and upon approval by Mayor assigned No. 1988-547. REPORTS 92832 - Moved by Dell, seconded by Wright that communication from Mayor Bernie McKinley transmitting the City of Waterloo FY 1988 Annual Ten Points to Progress Program be received and placed on file. Motion carried. DOCUMENTS 92833 - Moved by Fox, seconded by Brown that communication from City Planner transmitting acceptance of bid of Cyclone Steeple Jacks, Inc. of Nevada, Iowa in the amount of $6,941.00 for Asbestos Removal Contract "C -88(A)" in conjunction with Ansborough Avenue North (University to Upton), be received, placed on file and "Resolution approving said contract", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Budak. Resolution adopted and upon approval by Mayor assigned No. 1988-548. 92834 - Moved by Fox, seconded by Brown that communication from Transportation Program Manager transmitting recommendation on acceptance of bid of Lehman Trucking & Excavation, Inc. of Waterloo, Iowa in the amount of $13,275.00 for Demolition Contract "B -88(D)", be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Budak. Resolution adopted and upon approval by Mayor assigned No. 1988-549. RESOLUTIONS TO BE ADOPTED 92835 - Moved by Buck, seconded by Wright that "Resolution authorizing the issuance of bonds for Covenant Medical Center, Incorporated refinancing", be adopted. Ayes: Six. Absent: Budak. Resolution adopted and upon approval by Mayor assigned No. 1988-550. September 26, 1988 Page 2 Resolutions to be Adopted - continued 92836 - Moved by Buck, seconded by Wright that "Resolution approving the City of Waterloo Fiscal Year 1988 Annual Financial Report and authorizing submittal to the Auditor of the State of Iowa", be adopted. Ayes: Six. Absent: Budak. Resolution adopted and upon approval by Mayor assigned No. 1988-551. ORDINANCES TO BE ADOPTED 92837 - Moved by Brown, seconded by Wright that "an ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by adding Section 231-7A, Junk Motor Vehicles, to Chapter 231, Litter Control, as amended", be received, placed on file, passed and considered for the first time. Prior to the vote, Molly Frazer, Assistant City Attorney, outlined some of the major changes in the ordinance. Alien Reid, 1335 Logan Avenue, questioned whether the proposed junk vehicle had to be licensed or unlicensed. Ms. Frazer stated that it would not be a criteria. The criteria would be if the vehicle meets the other requirements of being a junk vehicle. Arthur Polk, 719 West Donald Street, stated that he felt the junk vehicle ordinance was a good start, but the City needed to continue with the mowing in an area that had not been mowed for two years by Logan Plaza. Mr. Polk stated that he would go mow it, but he would be afraid of ruining his mower. Charles Miller, 410 Adams Street, stated that he was in the process of restoring an antique vehicle that has taken him five years to get to this point. He continued that in order to obtain parts, sometimes he must buy an entire vehicle and then remove the parts on his property. Mr. Miller was concerned over the time frame in which a car would be considered junk and the time frame in which he would be allowed to buy a car and remove the parts. Mayor McKinley stated that the City would use discretion on whether progress was being made on vehicles that were considered junk or not. Ayes: Six. Absent: Budak. Motion carried. 92838 - Moved by Wright, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Budak. Motion carried. 92839 - 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: Six. Absent: Budak. Motion carried. 92840 - Moved by Buck, seconded by Wright that "an ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by adding Section 231-7A, Junk Motor Vehicles, to Chapter 231, Litter Control, as amended", be adopted. Ayes: Six. Absent: Budak. Ordinance adopted and upon approval by Mayor assigned No. 3584. September 26, 1988 Page 3 Ordinances to be Adopted - continued 92841 - Moved by Brown, seconded by Dell 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 first time. Prior to a vote, John Nagle, Nagle Signs, stated that he was in full support of this ordinance. He has no problem with complying with the UL requirements. Mark Atkins, Atkins Sign Service, stated that he presently uses UL materials in all of his signs. He expressed concern over having the UL certification and the cost of obtaining that certification and retaining it. Mr. Atkins continued that he could not afford the inspection fees charged by the Underwriters Laboratories for UL certification. Jim Curran, Building Inspector, stated that he was in favor of this ordinance as was the majority of the committee selected to put this ordinance together. Curran continued that the UL certification is in the National Electric Code and needed to be placed in the City Electrical Code. Bob Wasielewski, Marshalltown, representing Underwriters Laboratory, stated that in order to obtain an UL certification, there would be a one time cost of $750 and an annual fee of $460. He continued that when inspections are made the company would be charged approximately $60 per hour for those inspections. Mr. Atkins stated that he is presently licensed and bonded and insured and does not understand why the City would make such requirements. John Nagle stated that it costs his company approximately $100 per month to be UL approved, and in his opinion it is a good idea to be UL approved as it states in the National Electrical Code. Mark Atkins stated that the Iowa Association of Sign Painters were not in favor of the UL approval. Searles Hayden, Searles Sign, stated that he is not presently UL approved and he has installed signs in this City that have lasted twenty-five years. Ayes: Dell, Fox, Buck, Brown. Nays: Angel, Wright. Absent: Budak. Motion carried. 92842 - Moved by Fox, seconded by Angel that "an Ordinance amending the 1988 Traffic Code by repealing Subsection (97) Fourth Street (E) of Section 551, Parking Prohibited At All Times On Certain Streets; and by enacting in lieu thereof a new Subsection (97) Fourth Street (E) of Section 551, Parking Prohibited At All Times On Certain Streets", be received, placed on file, passed and considered for the first time. Ayes: Six. Absent: Budak. Motion carried. 92843 - Moved by Brown, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Budak. Motion carried. September 26, 1988 Page 4 Ordinances to be adopted - continued 92844 - Moved by Angel, 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: Budak. Motion carried. 92845 - Moved by Wright, seconded by Angel that "an Ordinance amending the 1988 Traffic Code by repealing Subsection (97) Fourth Street (E) of Section 551, Parking Prohibited At All Times On Certain Streets; and by enacting in lieu thereof a new Subsection (97) Fourth Street (E) of Section 551, Parking Prohibited At All Times On Certain Streets", be adopted. Ayes: Six. Absent: Budak. Ordinance adopted and upon approval by Mayor assigned No. 3585. BILLS PAYMENT 92846 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-72, in the amount of $1,801,913.11 and Schedule W900, pp. 1-2, in the amount of $53,614.83, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Absent: Budak. Resolution adopted and upon approval by Mayor assigned No. 1988-552. MISCELLANEOUS 92847 - 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 application for temporary beer garden/outdoor cafe and cigarette license applications, be received, placed on file and approved: 1. Beer License Permit Application Class B Decathlon Club, 1033 Decathlon Drive (Renewal) (Expires 9/30/89) (Includes Sunday Sales) 2. Beer License Permit Application Class E Virg's Superette Foods, 1761 Independence Avenue (Renewal) (Expires 9/30/89) (Includes Sunday Sales) 3. Beer and Liquor License Permit Application Class C The Picadilly Scoreboard, 416 Jefferson (Renewal) (Expires 10/1/89), subject to compliance with Ordinance No. 3494, Peephole Ordinance Application for Beer Garden/Outdoor Cafe Scotty's Thunderbird Tap, 715 Ansborough (2 days --October 21 and 22, 1988) Cigarette License Applications Two (2) Motion carried. BONDS 92848 - Moved by Wright, seconded by Angel that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through September 26, 1988, be received, placed on file and report and bonds approved. Motion carried. { September 26, 1988 Page 5 92849 - ORAL PRESENTATIONS Kathy Oberle, 710 Forest Avenue, stated that the other evening she and her family had gone through a difficult time regarding a high speed chase in her neighborhood. Oberle stated that a person in pursuit by the Black Hawk County Sheriff's office ended up in her neighborhood, and she and her family could have been in peril because of the lack of policemen for back up. She continued that the Sheriff's office had called for police back up, and at that time they had no cars available. Oberle stated that this is a good example of the continued problems with funding the operation of the City government. She stated that a time will come when the people of the community will realize that something as important as the local option sales tax will benefit the community when there are not enough policemen to respond to situations such as she had experienced. Leon Mosley, 1523 Franklin Street, stated that he had been having difficulty trying to get his apartment inspected for occupation after it had recently been rewired. Mr. Mosley stated that he had completed the inspection himself without an electrical contractor. He stated that this is the reason that people cannot afford to buy houses that need repair and fix them up because of the requirements of the City Ordinance on rewiring. Mr. Mosley stated that if a house is wired, it is not the duty of the inspector on who hired him, it is the duty of the inspector to inspect the house. Kathy Pearson Moore requested the conversion of the former Hustler Pool Hall on East Fourth Street into a rehabilitation center and VFW for local black veterans. Mayor McKinley stated that this request would be turned over to the Community Development Board for their action. Mayor McKinley stated that he would like to say a few words regarding the upcoming election on the local option sales tax. The Mayor continued that he would like to state that the charges being stated against the City government are totally unfounded in this campaign. McKinley continued that there are 400 to 500 miles of City streets that are in need of repair or will be in the future, and that if the local option sales tax fails the vote tomorrow, the citizens of Waterloo can still count on their streets being fixed, either by General Obligation Bonds which will tax all the people of the community to retire that debt, or assessment programs for the streets. McKinley continued that the citizens of Waterloo also will be looking at additional service cuts in the community and pointed out an article in the Waterloo Courier regarding statements made by Darol Schweer of the Department of Management stating that the City of Waterloo most likely would not be allowed an increase on their levy limit above the $8.10 per thousand limit. Moved by Buck, seconded by Brown to receive and file the above comments and to adjourn the Council meeting. Motion carried. Larry P. Burger Clerk/Auditor