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HomeMy WebLinkAboutMinutes- 09/12/1988September 12, 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 12, 1988. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Brown. Absent: Budak. Invocation by: Councilperson Bob Brown Pledge of Allegiance: Pack 528 --Shawn McBride and Noll Isley 92756 - Moved by Buck, seconded by Wright that the Agenda, as amended, for the Regular Session on September 12, 1988 at 7:00 p.m., be accepted and approved. Motion carried. 92757 - Moved by Buck, seconded by Wright that the Minutes of the Regular Session on September 6, 1988 at 7:00 p.m., be accepted and approved. Motion carried. ASSESSMENT HEARING 92758 - Moved by Brown, seconded by Angel that proof of publication of notice of public hearing on F.Y. 1989 500 Block Derbyshire Road Paving, Contract No. 355, as published in the Waterloo Courier on August 30 and September 6, 1988, be received and placed on file. Motion carried. 92759 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Moved by Brown, seconded by Angel that "Resolution with respect to the adoption of the Resolution of Necessity proposed for the F.Y. 1989 500 Block Derbyshire Road Paving, Contract No. 355", be adopted. Ayes: Six. Absent: Budak. Resolution adopted and upon approval by Mayor assigned No. 1988-519. UNFINISHED BUSINESS 92760 - Moved by Fox, seconded by Wright that "Resolution approving the bid of Aspro, Inc. & Subsidiary of Waterloo, Iowa, in the amount of $39,285.20 for F.Y. 1989 500 Block Derbyshire Road Paving, Contract No. 355", be adopted. Ayes: Six. Absent: Budak. Resolution adopted and upon approval by Mayor assigned No. 1988-520. PETITIONS FROM PUBLIC 92761 - Moved by Dell, seconded by Brown that communication from Transportation Program Manager transmitting signing request of Mama Nick's Circle Pizzeria to temporarily place signs on the 1600 and 1700 block of Washington Street, Washington Street and Bertch Avenue, Minnesota Street and Williston Avenue or Williston Avenue and Oregon Street, Washington Street and Hawthorne Avenue, West 18th Street and Washington Street, Wisconsin Street and Hawthorne Avenue, Ohio Street and Hawthorne Avenue and Bertch Avenue and Minnesota Street in conjunction with Relocated U.S. 218 Project, IX -218-7(80)--3P-07, together with recommendation of approval of City 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. 1988-521. September 12, 1988 Page 2 DOCUMENTS 92762 - Moved by Brown, seconded by Fox that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance from Aspro, Inc. & Subsidiary of Waterloo, Iowa in the amount of $39,285.20 in conjunction with F.Y. 1989 500 Block Derbyshire Road Paving, Contract No. 355, together with recommendation of approval, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Budak. Resolution adopted and upon approval by Mayor assigned No. 1988-522. 92763 - Moved by Brown, seconded by Fox that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance from Rampart Corporation of Waterloo, Iowa in the amount of $46,705.00 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 "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Budak. Resolution adopted and upon approval by Mayor assigned No. 1988-523. 92764 - Moved by Brown, seconded by Fox that communication from Transportation Program Manager transmitting Certificate of Completion and Final Acceptance of Work for Fifth/Sixth Street, IX -6653(3)--79-07 for work completed by Chicago & Northwestern Railroad, be received, placed on file and "Resolution approving said document", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Budak. Resolution adopted and upon approval by Mayor assigned No. 1988-524. RESOLUTIONS TO BE ADOPTED 92765 - Moved by Buck, seconded by Angel that 'Resolution of Intent as related to Ordinance No. 3562, an ordinance imposing a tax within the City of Waterloo, Iowa, of one percent (1%) upon local sales and services to become effective January 1, 1989, and providing that revenue shall be derived and allocated in accordance with Chapter 422b of the Code of Iowa (1987), adopted by the Waterloo City Council on June 20, 1988", be adopted. Prior to the vote, Mary Lichty, 535 West Wellington, stated that she had already voted absentee for the local option sales tax, and she resented the fact that the Council is now changing the Ordinance after she has cast her vote. Mayor McKinley stated that the Council was not changing the Ordinance; in fact, it was just passing a Resolution showing the Council's intent on the adopted Ordinance. He stated that it would be illegal to change the Ordinance now and that a Resolution of Intent could be passed at any time prior or even after the election. Vonnie Jackson, 1838 Howard, stated that as of today, 112 people have cast their absentee ballot for the local option sales tax. She stated that those persons cannot change the way they vote and now the Council is changing the Ordinance, and she felt that this was not fair. Mayor McKinley again stated that we were not changing the Ordinance, that we were passing a Resolution of Intent showing the true intent of the Council in the adoption of the Local Option Sales Tax Ordinance. September 12, 1988 Page 3 Resolutions to be Adopted - continued Kathy Oberle, 710 Forrest Avenue, stated that it was for the benefit of the persons who have come to the microphone that the Council pass the Resolution of Intent clarifying the intent of the Council instead of people wondering what the Council meant. Ayes: Six. Absent: Budak. Resolution adopted and upon approval by Mayor assigned No. 1988-525. 92766 - Moved by Fox, seconded by Wright that "Resolution accepting and approving acquisition contract payments to sell real property to the City and accepting and approving certain deeds for 1110 Cleveland Street, vacant lot at Hartman and Cleveland, 1657 Falls Avenue, 836 Cleveland and 806 Cleveland in conjunction with Cleveland Street Reconstruction Project, IX -6627(1)--79-07", be adopted. Ayes: Six. Absent: Budak. Resolution adopted and upon approval by Mayor assigned No. 1988-526. 92767 - Moved by Fox, seconded by Wright that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, establishing the Administrative Plan and Admission Policy for the Waterloo Section 8 Housing Programs, IA05-E050-001/9 and IA05-V050-001/8 and Ridgeway Towers, IA050003", be adopted. Ayes: Six. Absent: Budak. Resolution adopted and upon approval by Mayor assigned No. 1988-527. ORDINANCES TO BE ADOPTED 92768 - Moved by Angel, seconded by Buck that "an Ordinance amending Ordinance No. 2021, known as the Gas Piping Code, of the City of Waterloo, Iowa, by adding Article V, for Thermoplastic Use for Natural Gas", be received, placed on file, passed and considered for the second time. Ayes:' Six. Absent: Budak. Motion carried. 92769 - Moved by Buck, seconded by Angel that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Budak. Motion carried. 92770 - Moved by Dell, 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: Six. Absent: Budak. Motion carried. 92771 - Moved by Wright, seconded by Angel that "an Ordinance amending Ordinance No. 2021, known as the Gas Piping Code, of the City of Waterloo, Iowa, by adding Article V, for Thermoplastic Use for Natural Gas", be adopted. Ayes: Six. Absent: Budak. Ordinance adopted and upon approval by Mayor assigned No. 3579. 92772 - Moved by Brown, seconded by Dell that "an Ordinance amending the Plumbing Code of the City of Waterloo, Iowa, by repealing Article XV, Inspection Fees, and by enacting in lieu thereof a new Article XV, Inspection Fees", be received, placed on file, passed and considered for the first time. Ayes: Six. Absent: Budak. Motion carried. September 12, 1988 Page 4 Ordinances to be Adopted - continued 92773 - Moved by Angel, seconded by'Brown 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", be received, placed on file, passed and considered for the first time. Prior to the vote, Mark Linda, Black Hawk the purpose of this Ordinance was to take the Litter Ordinance where it presently Car Ordinance. Linda stated that his complaints last year and is very much Ordinance. County Health Department, stated that the junk motor vehicle portion out of is and put more teeth into the Junk department had over 200 junk car in favor of the adoption of this Ayes: Six. Absent: Budak. Motion carried. 92774 - Moved by Buck, seconded by Angel that "an Ordinance amending the 1988 Traffic Code by repealing Subsection 3 of Section 569, Truck Traffic Prohibited on Certain Streets; and enacting in lieu thereof a new Subsection 3 to Section 569, Truck Traffic Prohibited on Certain Streets (truck embargo on Sheffield Avenue)", be received, placed on file, passed and considered for the first time. Ayes: Six. Absent: Budak. Motion carried. carried. 92775 - Moved by Wright, seconded by Buck that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Budak. Motion carried. 92776 - Moved by Fox, 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: Six. Absent: Budak. Motion carried. 92777 - Moved by Angel, seconded by Wright that "an Ordinance amending the 1988 Traffic Code by repealing Subsection 3 of Section 569, Truck Traffic Prohibited on Certain Streets; and enacting in lieu thereof a new Subsection 3 to Section 569, Truck Traffic Prohibited on Certain Streets (truck embargo on Sheffield Avenue)", be adopted. Ayes: Six. Absent: Budak. Ordinance adopted and upon approval by Mayor assigned No. 1988-3580. BILLS PAYMENT 92778 - Moved by Angel, seconded by Brown that "Resolution approving Schedule A918, pp. 1-66, in the amount of $2,496,423.80, and Schedule W900, pp. 1-2, in the amount of $108,824.00, 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. 1988-528. Travel Requests 92779 - Moved by Buck, seconded by Wright that the following travel requests with expenses not to exceed amount shown, be received, placed on file and approved: 1. Stephen Dwyer and Eric Gunderson, Waterloo Police Department, to attend Law Enforcement Intelligence Network Conference in Des Moines, Iowa on October 16 - 19, 1988, with costs not to exceed $343.00, including the use of City vehicle. September 12, 1988 Page 5 Travel Requests - continued 2. Roger Shook, Police Chief to attend International Association of Chiefs of Police in Portland, Oregon on October 15 - 20, 1988, with costs not to exceed $1,085.00. 3. Thomas Jennings, Tim Pillack, Jimmie Schmidt and David Taylor, Waterloo Police Department, to attend Tactics for Police Special Operations in Omaha, Nebraska on October 30 - November 11, 1988, with costs not to exceed $1,264.30, including the use of City vehicle. 4. Thomas Reardon, Assistant Director of Waterloo Recreation Commission, to attend the Iowa Park & Recreation Association Fall Workshop in Cedar Rapids, Iowa on September 13 -14, 1988, with costs not to exceed $129.37. 5. Dave Van Dee, Director of Waterloo Redevelopment Authority, to attend seminar on Developing Workable Parking Plans for Commercial Districts in Chicago, Illinois on September 15 - 16, 1988, with costs not to exceed $819.00. Motion carried. MISCELLANEOUS 92780 Moved by Buck, seconded by Wright that the following applications for Beer and Liquor Licenses, be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and application for temporary outdoor cafe/beer garden, application for license for distress sale and cigarette license applications, be received, placed on file and approved: 1. Beer & Liquor License Permit Application Class C T. J. and Company Lounge, 3850 Airline Highway (Renewal) (Expires 9/25/89) The Dispensary, 2122 Kimball Avenue (Renewal) (Expires 10/1/89), subject to compliance with Ordinance No. 3494, Peephole Ordinance Air Host Waterloo Company, Route 2 (Renewal) (Expires 6/1/89) (Includes Sunday Sales) Application for Temporary Outdoor Cafe/Beer Garden The Jet, 451 West Parker Street (1 day --September 24, 1988) Application for License for Distress Sale Carriage House, 3146 Kimball Avenue Cigarette License Applications Two (2) Motion carried BONDS 92781 - Moved by Angel, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through September 12, 1988, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 92782 - Jim Garland, owner/operator of the Half Pint Saloon on Independence Avenue, stated that he had applied to the Council last Tuesday evening for a temporary beer garden permit and was granted that permit for Saturday, September 10. Garland continued that around 5:00 p.m. a complaint was telephoned to the Police Department, and at approximately 5:30 p.m., the beer garden was shut down. Garland stated that he estimated his losses at about $3,000. He continued that this is the fifth year that he has had this beer garden and never has had a problem in the past and wondered who in the City would take the blame for this incident. September 12, 1988 Page 6 Oral Presentations - continued Larry Dolan, Assistant Chief of Police, stated that the Garlands have filed a formal complaint with the Police Department and that it is presently under investigation. Shirley Koslowski, 816 Archer Avenue, stated that she would like to thank the Council for their consideration and passage of the Resolution of Intent regarding the local option sales tax. She continued that she thought this was a very important step towards the proper information being disseminated to the public. Koslowski stated that she had at an earlier Council meeting recommended to the Council that they appoint the Quality of Life Commission, thus allowing the people to know who will serve on the Commission prior to the vote on September 27. She continued that now she would like to rescind that request based on some past misinformation about herself and other members of the Committee, and she feels that the Quality of Life Commission should not be subjected to any criticism. Councilperson Angel stated that she was very pleased that the intersection of Hackett Road By -Pass and Rainbow Drive opened on September 9, the date it was to be opened, and also would like to compliment John Meyer's Department on the patching job on Rainbow Drive. Councilperson Brown stated that the traffic signals on Ridgeway and Kimball are working great, and he would like to offer his compliments to the Sign & Traffic Department for the fine job they are doing. Bill Lemke, 149 Madison Street, stated that the slogan of the Ag Expo recently held in the Amana Colony was "Peace Grows in Iowa". Lemke stated that maybe we could have that as "Peace Grows in Waterloo". Ed Hedges, 1010 Lafayette Street, stated that he has recently been harassed by the Department of Public Works regarding the new Weed Ordinance. Hedges stated that he had been on vacation and had received letters regarding eight weeds growing in his yard, and that he felt that this was harassment. John Meyer, Public Works Director, stated that his Department is not in the business of harassing people with weeds, but a Weed Ordinance had been passed and the City is trying to address the problem. Ed Hedges pointed out several other areas of the community that also need to be looked at by the Public Works Department for weed violations. Mayor McKinley stated that he is not aware of this specific problem, but there is a problem of weeds in the community and the City needs to enforce it City-wide. The Mayor continued that the City has been working to eliminate the problem and working closely with the County in eliminating some of the weed problems that exist on County -owned property. John Meyer, Public Works Director, stated that the County this year cleared approximately 200 County lots that had not been touched in the past. Ed Hedges stated that he will be meeting with John Meyer on Tuesday morning to try to straighten out the problem. Moved by Buck, seconded by Brown that the above comments be received and placed on file. ADJOURNMENT 92783 - Moved by Buck, seconded by Brown that the Council adjourn. Motion carried. Larry P. Burger Clerk/Auditor