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HomeMy WebLinkAbout04/18/1988April 18, 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 April 18, 1988. Mayor Bernard L. McKinley in the Chair. Roll call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Councilperson Tony Budak. Pledge of Allegiance: Pack 9, Den 2 --Victor Barber, Kevin Kuper, John Heideman, Kristopher Belthius, Joshua Halley, Jeremy Cutsforth. 91926 - Moved by Buck, seconded by Wright that the Agenda, as amended, for the Regular Session on April 18, 1988, at 7:00 p.m., be accepted and approved. Motion carried. 91927 - Moved by Buck, seconded by Wright that the Minutes of the Regular Session of April 11, 1988, at 7:00 p.m., be accepted and approved. Motion carried. 91928 - Bob Lippert, President of the Clean Community Commission, stated that he would like to present an award to the Boys and Girls Club. Lippert continued that from time to time the Clean Community Commission recognizes organizations that have done an outstanding job cleaning in the community, and the Boys and Girls Club deserves recognition for their efforts in policing and cleaning Lincoln Park. Mr. Lippert presented a Certificate of Appreciation to William Burt and Cartina Peppers, representatives of the Boys and Girls Club. PETITIONS FROM PUBLIC 91929 - Moved by Buck, seconded by Angel that communication from City Engineer transmitting petitions for oiling to be completed during the summer, 1988, and in conjunction with F.Y. 1989 Oiling Program, Contract No. 349, be received, placed on file and City Engineer instructed to prepare assessment proceedings for formal action by the City Council. Motion carried. 91930 - Moved by Buck, seconded by Angel that communication from City Planner transmitting request of Brian Bouck, D.D.C., P.C., and William C. and Cynthia S. Kline to vacate, sell and convey a triangular portion of the northerly right-of-way of the San Marnan Drive frontage road adjoining Lot 13, Brookeridge Addition, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as April 25, 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: Seven. Resolution adopted and upon approval of Mayor assigned No. 1988-168. 91931 - Moved by Buck, seconded by Angel that communication from City Planner transmitting request of James R. Nelson, D.D.S.M.S., to vacate, sell and convey the north 30 feet of the San Marnan Drive frontage road right-of-way adjoining Lot 3, Southbrooke Addition, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 2, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-169. April 18, 1988 Page 2 Petitions from Public - continued 91932 - Moved by Buck, seconded by Angel that communication from City Planner transmitting request of Lockard Development, Inc. to rezone from "R-3" Multiple Family Residential District to "C-2" Commercial District property generally located on the west side of E. 10th Street, 120 feet south of Franklin Street and E. 10th Street for a proposed retail store, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 2, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-170. 91933 - Moved by Buck, seconded by Angel that communication from Transportation Program Manager transmitting signing request from MidAmerica Savings Bank to temporarily place signs on the north side of Ridgeway Avenue at the intersection of the Boulevard of Prospect Boulevard; at Prospect and Olympic; on Kimball Avenue across from McDonalds on the west side and at Brookeridge and Kimball on the east side of Kimball; one off of San Marnan on Kimball; and Home Plaza and Olympic. together with recommendation of approval of City staff, subject to hold harmless stipulation, in conjunction with Ansborough Avenue, IX -6615(6)--79-07, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-171. 91934 - Moved by Buck, seconded by Angel that communication from City Engineer transmitting request from Tent & Awning Company to pave the parking area between sidewalk and back of curb at their location on Commercial Street at West 8th Street, together with recommendation of approval of Engineering Department with conditions that 1)Paving be used for beautification purposes only and 2) No parking or any other use of this area be allowed, be received, placed on file and and approved with conditions of City Engineer and City Engineer instructed to monitor the situation. Prior to the vote, Councilperson Brown questioned the routine in which the situation would be monitored. Eric Thorson, City Engineer, stated that the monitoring will be done by the sidewalk inspectors. Thorson continued that in situations like this, with the parking area being paved, occasionally people will begin to park in the paved area which will not be allowed by the City. Motion carried. 91935 - Moved by Buck, seconded by Angel that communication from City Planner transmitting request from Dr. Brian Bouck, D.U.S., P.C. to reduce the platted building line along the west side of W. 9th Street north of San Marnan Drive frontage road, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as April 25, 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 if possible to have the notice in the Waterloo Courier and meet the requirements of the Code of Iowa. Prior to the vote, Bob Stevenson, City Planner, explained the situation regarding the set back lines and the purpose of the hearing regarding the reduction of the 20 foot platted building line on the east side of Lot 13 of Brookeridge Addition to a 10 foot building line. April 18, 1988 Page 3 Petitions from Public - continued Dr. Brian Bouck, 3417 Inverness Road, stated that the reason the digging and construction had begun was that he was under the impression that all he needed was 51 percent of the property owners in the area to sign a petition of no objection. Bouck stated that was the reason why they began the project without coming to the City for final approval. Bouck continued that he would like the public hearing to be on April 25, if possible, to allow him to continue with the progress that he has begun. City Clerk/Auditor Larry Burger stated that he would contact the Waterloo Courier the first thing on Tuesday morning to see if they can accommodate publishing the notice of public hearing being held on April 25. Ayes: Seven. Resolution adopted and upon REPORTS 91936 - Moved by Angel, seconded by that the Waterloo Housing Housing Certificate Program on file. approval by Mayor assigned No. 1988-172. Fox Authority Ridgeway Towers and Section 8 Existing Report dated April 9, 1988, be received and placed Motion carried. DOCUMENTS 91937 - Moved by Brown, seconded by Wright that communication from Associate Engineer transmitting Change Order No. 3 for a net increase of $539.20 for work to be performed by Youngblut Contracting, Inc. in conjunction with F.Y. 1987 Wagner Road Bridge Replacement, BRM -6589(2)--8N-07, Contract No. 272, together with recommendation of approval, be received, placed on file and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 91938 - Moved by Brown, seconded by Wright that communication from Transportation Program Manager transmitting Utility Agreement with Iowa Public Service Company (electric) for Cleveland Street, IX -6627(3)--79-07, together with recommendation of approval, 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. 1988-173. RESOLUTIONS TO BE ADOPTED 91939 - Moved by Fox, seconded by Angel that "Resolution authorizing submission of an application to the Iowa Department of Economic Development (IDED) for Community Economic Betterment Account (CEBA) for expansion of Advanced Heat Treat Corporation in the amount of $15,000", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-174. 91940 - Moved by Fox, seconded by Angel that "Resolution approving modification of street lights on Kimball Avenue in conjunction with Kimball Avenue (Ridgeway to San Marnan)", be adopted. Prior to the vote, Councilperson Budak questioned whether stop and go lights would ever be placed on the corner of Park Lane and Kimball Avenue. April 18, 1988 Page 4 Resolutions to be Adopted - continued Bob Stevenson, City Planner, stated that as he had previously informed the Council, there are eleven warrants that the Federal Highway Administration looks at in placing a stop and go light at a corner, and that corner does not meet one of the eleven warrants. Stevenson continued that in the past the City has considered placing the lights at City expense. Stevenson stated that the Federal Government would not allow that because of the additional liability with placing lights on a corner that does not warrant traffic control lights to be installed. Donna Vollenweider, 2733 Fairlane Avenue, asked Mr. Stevenson if there had to be an accident at the corner before the City would install the lights. She stated the corner has heavy pedestrian traffic and that Kimball Avenue is quite a wide street. Councilperson Dell questioned whether the City could be pro -active in this case by installing traffic control signals instead of reactive. Bob Stevenson stated that in his opinion the City is trying to be pro -active but cannot do so due to the requirements of the Federal Government. Stevenson continued that they will continue to monitor the corner, but at this time, they cannot come up with one warrant out of the eleven that the corner falls under. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-175. 91941 - Moved by Fox, seconded by Angel that "Resolution authorizing Clerk/Auditor to publish notice of Significant Industrial Pollution Non -Compliance in violation of the requirements of 40 C.F.R. Part 403 (General Pretreatment Regulations) occurring during calendar year 1987", be adopted and Clerk/Auditor instructed to publish notice of same. Prior to the vote, Bruce Bottorff, Superintendent of the Water Pollution Control Plant, ran through the criteria and requirements on the proposed publication of the Notice of Significant Industrial Pollution Non -Compliance violators. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-176. 91942 - Moved by Fox, seconded by Angel that "Resolution authorizing execution of a Grant Agreement with the Iowa Department of Natural Resources for Step I work on the City's Waste Water Treatment Work Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-177. ORDINANCE TO BE ADOPTED 91943 - Moved by Angel, seconded by Fox that "an ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection 35-21, Park Commission to Administer Weed Complaint Processing and Inspection, of Division 2, Weed Complaints, of Article III, Weeds, of Chapter 35, Vegetation; and by enacting in lieu thereof a new Subsection 35-21, Public Works to Administer Weed Complaint Processing and Inspection, of Division 2, Weed Complaints, of Article III, Weeds, to Chapter 35, Vegetation", be received, placed on file, passed and considered for the first time. Ayes: Seven. Motion carried. April 18, 1988 Page 5 Ordinance to be Adopted - continued 91944 - Moved by Buck, seconded by Angel that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended, and 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. Prior to the vote, Councilperson Wright asked for an explanation on what the ordinance is pertaining to. Mayor McKinley explained that the ordinance is simply changing the jurisdiction of enforcement of the rules of Operation Pride from the Park Department to the Street Department. The Mayor continued that under the Operation Pride system last year, they were able to get approximately 140 private owners to mow their lots, and he felt putting Operation Pride under the jurisdiction of the Street Department would allow a better operation, and they would be able to accommodate a crew to monitor the situation on weed mowing. Mayor McKinley stated that a joint project with County -owned lots is in the works for approximately 500 lots. The Mayor continued that they are also working with various Savings and Loans and financial institutions in the area to help eliminate some of the problems of lots owned by loan companies. Ayes: Seven. Motion carried. 91945 - Moved by Fox, seconded by Wright that "an ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection 35-21, Park Commission to Administer Weed Complaint Processing and Inspection, of Division 2, Weed Complaints, of Article III, Weeds, of Chapter 35, Vegetation; and by enacting in lieu thereof a new Subsection 35-21, Public Works to Administer Weed Complaint Processing and Inspection, of Division 2, Weed Complaints, of Article III, Weeds, to Chapter 35, Vegetation", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3544. BILLS PAYMENT 91946 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-41, in the amount of $257,042.64 and Schedule W900, page 1, in the amount of $1,490.47, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Dell, Fox, Angel, Wright, Budak, Brown. Abstain: Buck. Resolution adopted and upon approval by Mayor assigned No. 1988-178. NEW BUSINESS 91947 - Moved by Budak, seconded by Wright that the City Engineer be instructed to prepare plans, specifications, etc. in conjunction with F.Y. 1988 Fourth Street Bridge Walkway Painting and Repairs, Contract No. 351, be received and placed on file. Motion carried. 91948 - Moved by Budak, seconded by Wright that "Resolution preliminarily approving plans, specifications, etc. for F. Y. 1988 Fourth Street Bridge Walkway Painting and Repairs, Contract No. 351," be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-179. April 18, 1988 Page 6 New Business - continued 91949 - Moved by Budak, seconded by Wright that "Resolution setting date of hearing and taking of bids as May 9, 1988 at 7:00 p.m. in the City Hall Council Chambers on F.Y. 1988 Fourth Street Walkway Painting and Repairs, Contract No. 351", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1988-180. 91950 - Moved by Budak, seconded by Wright that communication from Public Works Director transmitting recommendation of approval of appointment of Mark Lane and Robert Walker to the positions of Equipment Operator I in the Sanitation Department - Operation Pride Unit effective April 19, 1988, be received, placed on file and approved. Motion carried. 91951 - Moved by Budak, seconded by Wright that communication from Superintendent of Water Pollution Control Plant transmitting recommendation of approval of promotion of Layne Sanford to the position of Operator II, be received, placed on file and approved. Motion carried. Travel Requests 91952 - Moved by Buck, seconded by Fox that the following travel requests with expenses not to exceed amount shown, be received, placed on file and approved: 1. Stanley Stapella, Fire Chief, to attend International Association of Fire Chiefs Conference on August 27 - 31, 1988 in Washington, D.C., with costs not to exceed $676.00. 2. Tom Brunscheon and Dennis Sallis, Technicians, to attend Seaman Nuclear Corporation Testing Seminar on April 22, 1988 in Oak Creek, Wisconsin, with costs not to exceed $460.00, including the use of City vehicle. 3. Randy Heiberger, Traffic Signal Technician II, to attend Traffic Signal Design Course on May 17 - 20, 1988 in Ames, Iowa, with costs not to exceed $300.00, including the use of City vehicle. Motion carried. MISCELLANEOUS 91953 - Moved by Buck, seconded by Fox 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: 1. Beer License Permit Application Class B Diablo's Tacos, 2401 Falls Avenue (Renewal) (Expires 4/14/89) (Includes Sunday Sales) 2. Beer and Wine License Permit Application Class E Cork's Grocery, 1956 Lafayette Street (Renewal) (Expires 5/1/89) (Includes Sunday Sales) 3. Beer and Liquor License Permit Application Class C Paulies' Place, Inc., 814 La Porte Road (Renewal) (Expires 5/14/89) (Includes Sunday Sales) Motion carried. April 18, 1988 Page 7 BONDS 91954 - Moved by Angel, seconded by Fox that the report of City Attorney and list of bonds filed with Clerk/Auditor through April 18, 1988, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 91955 - Councilperson Angel stated that she would like to make the Council aware that Darlene Campbell was recently awarded a Certificate of Recognition from the Sertoma Club for her services with the hearing impaired in the community. Angel continued that Darlene has given much of her time for this effort and deserved the recognition. Ernie Boykin, 530 Hope Avenue, asked for an update regarding the meeting between City officials and DOT officials on the East Fourth Street Chicago Central Railroad Crossing congestion problem. Mayor McKinley stated that they have met and have received good response from Senator Grassley. Councilperson Wright stated that the Mayor has done a fine job in presenting the situation, and that it was well received by the various representatives. Wright continued that the railroad was very supportive in any efforts to alleviate the problem. Bryan Mentel, 5130 Foulk Road and owner of the B & K Truck Wash on Paper Mill Street, stated that he had been in front of the Council for the past year regarding eliminating the dust problem on Paper Mill Street and the problem he has with washing cars and trucks and then driving out onto a dusty gravel road. Mentel continued that he is not asking for the street to be paved, he would just like some dust control work done on the street to help his problem. He continued that it seems like the City always helps the big companies but never helps the smaller businesses. Mayor McKinley stated that he had discussions with Mr. Mentel in the past and questioned whether he knew that Paper Mill Street was a gravel street when he purchased the business. McKinley continued that there is also a problem on Sheffield Avenue with the same situation, only City trucks use Sheffield Avenue quite a bit and probably warrants dust control more than Paper Mill would. The Mayor continued that the problem is not just the question of doing streets without assessments, but also if you begin doing that, where does the Council stop in the oiling program. Councilperson Brown stated that he is Chairperson of the Public Works Committee and they would also look into Paper Mill Street at the same time they look at Sheffield Avenue. Mayor McKinley stated in response to Mr. Mentel's statement on helping little businesses that the City has helped nineteen small businesses in the last year to either get started or expand. Councilperson Angel stated that she still feels there is a problem on Fletcher Avenue and Black Hawk Street with the lights not being synchronized. Angel related the story that she waited for the lights for ten minutes the other day just trying to turn. Bob Stevenson, City Planner, stated that the lights are synchronized, but when that situation came up and lights were placed on Fletcher, it was known that there would be a problem in that area and it would be unavoidable until the construction on Ansborough Avenue is complete. Mike Mrzlak, of the Electrical Department, stated that his department has been watching that corner, and there could be a possibility of removing the no right turn on red sign from University Avenue to Fletcher Avenue. Moved by Buck, seconded by Brown to receive and file the above comments. Motion carried. aoTTpnv/xaaTD aabang •d AaaeZ paTaaPD uoTgow •uano[pe Trauno;, egq. Teti. Tabun Aq papuoaes 'uMoag Aq panoj INakINUflOaff - 996T6 g abed 996T '9T TTadV