HomeMy WebLinkAbout04/04/1988April 4, 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 4, 1988. Mayor Bernard L. McKinley in
the Chair. Roll call: Dell, Fox, Angel, Buck, Wright, Budak, Brown.
Invocation by: Mayor Bernard L. McKinley
Pledge of Allegiance: Pack 9 --Jeremiah Loeb, Justin Raymond, William Hall, Dan Schulte,
Troy Goings, Michael Cutsforth, Michael Berns, Sam Cunningham, Sam Yim.
91857 - Moved by Buck, seconded by Angel
that the Agenda, as amended, for the Regular Session of April 4, 1988, at 7:00
p.m., be accepted and approved.
Motion carried.
91858 - Moved by Buck, seconded by Wright
that the Minutes of the Regular Session on March 28, 1988, at 7:00 p.m., be
accepted and approved.
Motion carried.
HEARINGS
91859 - Moved by Wright, seconded by Angel
that proof of publication of notice of public hearing on request of Crystal
Ice & Cold Storage to purchase a portion of the former Rath site for the
building known as No. 131 as published in the Waterloo Courier on March 25,
1988, be received and placed on file.
Motion carried.
91860 - HOLD HEARING --This being the time and place of public hearing the Mayor called
for written and oral objections.
Moved by Buck, seconded by Angel
that the recommendation of approval of the Community Development Board be
received and placed on file.
Motion carried.
91861 - Moved by Fox, seconded by Wright
that "Resolution authorizing sale and conveyance to Crystal Ice & Storage a
portion of the former Rath site for the building known as No. 131", be adopted
and City Attorney instructed to prepare and deliver deed accordingly.
Assistant City Attorney Tim Luce stated that he felt that the City had every
right to sell the former Rath property based on the fact that in his opinion
the Council did approve the purchase of the Rath property, that the City is
only quit claiming their interest to the property to Crystal Ice & Storage,
and that the bankruptcy court had deeded the property to the City of Waterloo.
Attorney Luce continued that in his opinion there was no question that the
City of Waterloo did own the Rath property.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-147.
April 4, 1988 Page 2
Hearings - continued
91862 - Moved by Angel, seconded by Wright
that proof of publication of notice of public hearing on request of City of
Waterloo and Iowa Department of Transportation to vacate West Third Street
generally located between Washington Street and Bluff Street and the east -west
alley from West Third Street to West Park Avenue between Washington Street and
Bluff Street as published in the Waterloo Courier on March 29, 1988, be
received and placed on file.
Motion carried.
91863 - 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 Budak, seconded by Wright
that the recommendation of approval of the Planning, Programming and Zoning
Commission be received and placed on file.
Motion carried.
91864 - Moved by Budak, seconded by Wright
that "an ordinance vacating West Third Street generally located between
Washington Street and Bluff Street and the east -west alley from West Third
Street to West Park Avenue between Washington Street and Bluff Street", be
received, placed on file, passed and considered for the first time. Ayes:
Seven.
Motion carried.
91865 - Moved by Buck, seconded by Fox
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. Ayes: Seven.
Motion carried.
91866 - Moved by Fox, seconded by Buck
that "an ordinance vacating West Third Street generally located between
Washington Street and Bluff Street and the east -west alley from West Third
Street to West Park Avenue between Washington Street and Bluff Street", be
adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3538.
ORAL PRESENTATIONS
91867 - F. J. Lentsch, 1181 Cornwall Avenue, objected to the minutes of March 4, 1988.
Lentsch stated that he was misquoted as far as the salt pile being covered was
concerned, the street sweeper problem, and that he did not state at the
meeting of March 14 to eliminate the ice hockey, but to phase it out. Lentsch
continued that the street sweeper problem is that it sweeps one way and then
then deadheads back to a certain intersection to dump its load, thus wasting
time.
John Meyer, Public Works Director, stated that the night street sweeping and
the dumping of the waste are done in non -hazardous areas. Meyer continued
that there are six sweepers and four regular ones in operation. He stated
that the piles are dumped in places where it will not cause a traffic hazard.
Mr. Lentsch stated that the City must be run with modern methods and that the
Mayor as Chief Executive must keep a handle on the general operation. Lentsch
continued that the government must be run like a business, that the streets
are in bad condition, and questioned why the alleys are continually graded.
Lentsch invited the Mayor to go with him to point out many of the waste in the
City operation.
April 4, 1988 Page 3
Oral Presentations - continued
L. C. Hennessey, 319 Belmont Avenue, thanked Mr. Lentsch for his comments and
stated that if Mr. Lentsch had so many ideas maybe he could set with the
Council.
Councilperson Brown invited Mr. Lentsch to run for City Council the next City
election.
Kathy Oberle, 710 Forest Avenue, stated that she took issue with Assistant
City Attorney Tim Luce's article regarding Intro -Spec. Oberle related a story
of two boys being arrested on the Rath property for trespassing and that Mr.
Cassidy being allowed to go free after the crime he was accused of. Oberle
questioned the trucks being parked on the parking lot of the former Rath
property.
Mayor McKinley stated that those trucks were allowed to park on the property
by the Community Development Board.
Kathy Oberle questioned the property being sold across the road from the
present Black Hawk County Solid Waste facility. She stated that the City is
in the process of opening a hazardous waste site at that location. Oberle
continued that she was the one who predicted that IBP would locate in the City
of Waterloo a year ago in front of the Iowa Attorney General, and that the
Mayor was not in charge of running the community, but the community is being
run by a local power structure. Oberle continued that we, the people, will
retain the control of the City some day.
L. C. Hennessey related a story of two young persons of the community who
spoke with him regarding wanting to be employed in the community and that IBP
is a plus for this community.
Ernie Boykin, 530 Hope Avenue, questioned the Council's progress on the
situation on the East Fourth Street and the Chicago Central switching tracks.
She stated that several bridges were being built in the community for the flow
of traffic, so why couldn't the City build a bridge or underpass to eliminate
the blocking of traffic while the Chicago Central trains are switching.
Boykin questioned the possibility of switching some Interstate Substitution
money to the East Fourth Street and Chicago Central track intersection.
Mayor McKinley stated that the Interstate Substitution money was twenty years
in the making and that it would be virtually impossible to switch some of
those monies to the crossing at East Fourth Street. McKinley continued that
there could be a possibility of other funds being available and the
possibility of the subject being brought up at a future meeting with Federal
representatives.
Councilperson Budak stated that if we don't have the money for that
intersection then most likely it will not get done.
Ed Gleason, 1627 Franklin Street, stated that a barn at 528 Fowler Street
contained rats big enough to be saddled and ridden and questioned the Council
on doing something about eliminating the rats.
Mayor McKinley stated that he would notify the Health Department of the
problem.
Jack Schulte, 1312 West Fourth Street, stated that the taxi situation in the
City of Waterloo is a real problem to the community. He questioned the
Council whether they had any authority to do anything about that situation.
City Attorney Hugh Field stated that the taxis are inspected by several
departments, and he understood the situation.
Councilperson Wright stated that this was the 20th Anniversary of Dr. Martin
Luther King's assassination and asked for a moment of silence in remembrance
of Dr. King.
April 4, 1988 Page 4
Oral Presentations - continued
Mayor McKinley stated that he would like to announce the installation of a new
sound system for the Council Chamber and would hope that it would improve the
ability for the audience to hear the Council in the future. Mayor McKinley
stated that they would like to honor an exceptional person in the audience
tonight, a young person who has shown exceptional ability and an outstanding
job as a basketball player with Columbus High School this year., Mayor
McKinley stated that Molly Tideback has been named Ms. Iowa Basketball and to
the Parade All American Basketball team. Mayor McKinley presented Ms.
Tideback with an certification of recognition. Ms. Tideback received a
standing ovation from the Mayor and Council and audience.
Councilperson Dell stated that the Fourth Street problem addressed by Ernie
Boykin is definitely a big concern of his and would like to see the Council
try to alleviate that problem. Dell continued that he would also like to
state that he is tired of the City staff being lambasted by many people who
step to the microphone. Dell stated that no one is perfect and that there is
a fine group of City staff who are very dedicated and hard working.
Moved by Buck, seconded by Wright
that the above comments be received and placed on file and that Ms. Tideback
should understand that Iowa City is a very fine school.
Motion carried.
PETITIONS FROM PUBLIC
91868 - Moved by Dell, seconded by Wright
that communication from Dean Platt from Platt's Nursery Garden Shop on ideas
for establishing guideline for future tree planting be received and placed on
file.
Motion carried.
91869 - Moved by Dell, seconded by Wright
that communication from Richard Hartley transmitting request for hearing on
removal from the office of Assistant Superintendent of Streets, be received,
placed on file and "Resolution setting date of hearing as April 26, 1988 at
4:00 p.m. in the City Hall Council Chambers on the above described request",
be adopted and Clerk/Auditor instructed to post notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-148.
91870 - Moved by Dell, seconded by Wright
that communication from Transportation Program Manager transmitting signing
request of Standard Battery and Electric Company to temporarily place signs on
Jefferson Street at 9th, llth, 12th and 18th Streets and one sign on 12th
Street at the alley between Jefferson and Bluff Streets, together with
recommendation of approval of City staff with the stipulation of Indemnity
Agreement, in conjunction with Relocated U.S. Highway 218,
IX -218-7(80)--3P-07, be received, placed on file and "Resolution approving said
request", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-149.
91871 - Moved by Dell, seconded by Wright
that request of Northeast Iowa Sports Car Club for application for variance to
Ordinance No. 3094, Noise Ordinance, in the downtown area for the "My Waterloo
Days" on June 5, 1988 from 6:00 a.m. to 8:00 p.m., together with
recommendation of approval of Police Department, be received, placed on file
and "Resolution approving said request", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-150.
April 4, 1988
Petitions from Public - continued
Page 5
91872 - Allen McDonald of the McDonald Group stated that he is approaching the Council
for approval to sell all of his Iowa Cable Companies. McDonald stated that
the franchise calls for Council approval prior to any of his companies being
sold.
Rich Fickle of Marcus Communications stated that the Company has been in
operation since 1982. Mr. Fickle continued that his company is looking for a
long-term situation in Waterloo. The Western Telecommunication Company is the
parent company of Marcus Communications. He stated that the company will be
an active resident in the community and plans to deliver the appropriate
information to the Cable Commission. He stated that there are no immediate
plans to change the lineup of the cable selections for now. He stated that
the company plans to grow with the community.
Councilperson Angel stated that she had requested on several occasions a copy
of the franchise agreement and had not received it.
City Attorney Hugh Field stated that the present cable ordinance is actually
the franchise, that there is no other document except for the City Ordinance
to control the Cable Company.
Judy Fossell, Chairperson of the Waterloo Cable Commission, stated that she
had found out about the potential sale through the Waterloo Courier. Fossell
continued that she has not yet had any time to arrange for a meeting with the
Cable Commission, and that she would ask the Council to delay action until
April 25, 1988.
Mr. McDonald stated that they would like to close the deal on May 2 and that
a delay until the April 25 should not be a problem. He apologized for not
directing his information to the Commission.
Moved by Budak, seconded by Wright
that communication from Marcus Communications, Inc. requesting transfer of
cable franchise of Waterloo Cablevision, Inc to Marcus Communication, Inc. of
Dallas, Texas pursuant to Section 34 of the Cable Television Franchise
Agreement, be tabled to allow the Cable Commission an opportunity to gather
information and to present same to the City Council. Ayes: Seven.
Motion carried.
DOCUMENTS
91873 - Moved by Buck, seconded by Dell
that communication from Transportation Program Manager transmitting
Reimbursement Agreement with Iowa Department of Transportation for Engineering
Design Services for the East Downtown Traffic System, IX -6453(2)--79-07,
together with recommendation of approval of Transportation Staff, be received,
placed on file and "Resolution approving said agreement", be adopted and Mayor
and Clerk/Auditor instructed to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-151.
ORDINANCES TO BE ADOPTED
91874 - Moved by Dell, seconded by Angel
that "an ordinance amending the 1988 Traffic Code by repealing Subsections
(14) and (15) of Section 273, Stopping, Standing or Parking; and enacting in
lieu thereof a new Subsection (14) to Section 273, Stopping, Standing or
Parking", be received, placed on file, passed and considered for the first
time. Ayes: Seven.
Motion carried.
April 4, 1988 Page 6
Ordinances to be Adopted - continued
91875 - Moved by Fox, 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. Ayes: Seven.
Motion carried.
91876 - Moved by Buck, seconded by Wright
that "an ordinance amending the 1988 Traffic Code by repealing Subsections
(14) and (15) of Section 273, Stopping, Standing or Parking; and enacting in
lieu thereof a new Subsection (14) to Section 273, Stopping, Standing or
Parking", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3539.
91877 - Moved by Angel, seconded by Fox
that "an ordinance amending the 1988 Traffic Code of the City of Waterloo,
Iowa, by repealing Subsection (4) Jefferson Street of Section 542, One -Way
Streets and Alleys", be received, placed on file, passed and considered for
the first time. Ayes: Seven.
Motion carried.
91878 - Moved by Brown, seconded by Budak
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. Ayes: Seven.
Motion carried.
91879 - Moved by Budak, seconded by Angel
that "an ordinance amending the 1988 Traffic Code of the City of Waterloo,
Iowa, by repealing Subsection (4) Jefferson Street of Section 542, One -Way
Streets and Alleys", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3540.
91880 - Moved by Buck, seconded by Fox
that "an ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa, by repealing the existing Chapter 16 - Garbage and Refuse and
enacting in lieu thereof a new Chapter 16 - Garbage and Refuse", be received,
placed on file, passed and considered for the first time.
Prior to the vote, Councilperson Brown stated that the Public Works Committee
recommended adoption of the ordinance and that alley pick up be continued. He
stated that the recommendation would be for a one dollar per month increase in
garbage fees and that the Solid Waste Commission check into recycling and the
possibility of unauthorized dumping at the Landfill.
L. C. Hennessey, 319 Belmont Avenue, questioned the possibility of resource
recovery in the community.
Jim Miller, 250 Alta Vista, stated that he had received many telephone calls
and that everyone who had telephoned him felt the dollar increase was for
garbage pick up. He stated that most people did not realize that the dollar
increase was going for other things other than garbage pick up, such as street
cleaning and Operation Pride. Miller continued that he also objected to the
substitution of Fall and Spring pick up being on an on call basis. He
continued that the general public should not have to pay for people to have
their garbage pick up on an on call basis.
April 4, 1988 Page 7
Ordinances to be Adopted - continued
Councilperson Wright stated that she felt that it was a good idea to have on
an on call basis because of the Spring and Fall Clean Up Weeks cost the City
approximately $220,000.
John Meyer, Public Works Director, stated that the Fall and Spring Clean Up
actually cost the City around $60,000.
F. J. Lentsch, 1181 Cornwall, stated that the neighborhoods should band
together to get rid of the junk, that it is the Mayor's job as Chief Executive
of the City to talk to the people to try to eliminate this problem.
Councilperson Angel stated that she opposed the dollar increase in the garbage
fee for cutting weeds and the special pick up.
A. F. Polk, 719 West Donald Street, stated that he has been fighting for years
for equal garbage pick up, meaning that some people have one bag and some
people have eight. Polk continued that he would like to see charges based on
the number of bags.
Ayes: Dell, Fox, Buck, Wright, Budak, Brown. Nays: Angel.
Motion carried.
91881 - Moved by Brown, seconded by Budak
that rules requiring ordinance 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. Ayes: Six. Nays: Angel.
Motion carried.
91882 - Moved by Buck, seconded by Wright
that "an ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa, by repealing the existing Chapter 16 - Garbage and Refuse and
enacting in lieu thereof a new Chapter 16 - Garbage and Refuse", be adopted.
Ayes: Six. Nays: Angel.
Ordinance adopted and upon approval by Mayor assigned No. 3541.
BILLS PAYMENT
91883 - Moved by Angel, seconded by Wright
that "Resolution approving Schedule A918, pp. 1-43, in the amount of
$299,028.73, and Schedule W900, pp. 1-3, in the amount of $3,818.60, copies of
which are file in the Clerk/Auditor's Office", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-152.
MISCELLANEOUS
91884 - Moved by Brown, 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 the following cigarette licenses be
received, placed on file and approved:
1. Beer License Permit Application
Class C
Family Circle DX, 111 West Ridgeway (Renewal) (Expires 4/6/89) (Includes
Sunday Sales)
2. Liquor License Permit Application
Class C
Leonards Cafe & Lounge, 1400 East 4th (Renewal) (Expires 3/31/89)
(Includes Sunday Sales)
April 4, 1988 Page 8
Miscellaneous Continued
3. Liquor License Permit Application
Class E
Hy -Vee Food Store #4, 3808 University Avenue (New) (Expires 4/6/89)
Cigarette License
Two (2)
Motion carried.
BONDS
91885 - Moved by Brown, seconded by Wright
that the report of the City Attorney and list of bonds filed with
Clerk/Auditor through April 4, 1988, be received, placed on file and reports
and bonds approved.
Motion carried.
ADJOURNMENT
91886 - Moved by Brown, seconded by Wright
that the Council adjourn.
Motion carried.
Larry P. Burger
City Clerk/Auditor