HomeMy WebLinkAbout03/28/1988March 28, 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 March 28, 1988. Mayor Bernard L. McKinley in
the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown.
Invocation by: Councilperson Brown.
Pledge of Allegiance: Troop 13 --Jason Falck, Robbie Catchpool, Alan Catchpool, Jim
Armstrong Natt Armstrong, Greg Ballheim, Steve Ballheim, Chris Gray, Bryan Folkers, Matt
Syhlman, Jason Landau, Josh Landau, John Lowe, David Flaherty.
91817 - Moved by Angel, seconded by Buck
that the Agenda, as amended, for the Regular Session of March 28, 1988, at
7:00 p.m., be accepted and approved.
Motion carried.
91818 - Moved by Angel, seconded by Buck
that the Minutes of the Work Session on March 8, 1988, at 5:00 p.m., the
Minutes for the Special Session on March 15, 1988 at 7:00 p.m., the Minutes of
the Special Session on March 17, 1988 at 4:00 p.m., and the Minutes of the
Regular Session on March 21, 1988, at 7:00 p.m., be accepted and approved.
Motion carried.
ORAL PRESENTATIONS
91819 - Vonnie Jackson, 1838 Howard Street, questioned the Council on who really owned
the Rath Packing Company property. Ms. Jackson continued that according to a
letter, the City of Waterloo had no claims to the Officers and Directors Fund.
Jackson stated that she believes there was no official approval to the purchase
of the Rath Packing Company.
Kathy Oberle, 710 Forest Avenue, stated that she did not realize that Jim
Lindsey of the Community Development Department was a licensed appraiser and
that she agreed with Vonnie Jackson's concerns over the purchase of the Rath
Packing Company by former Mayor Del Bowers.
Councilperson Brown asked if there could be some investigation made on the
corner of Kimball Avenue and Ridgeway Avenue regarding the left turn arrow.
Brown questioned whether a left turn lane only arrow could be painted on the
pavement.
Mike Mrzlak, Superintendent of Sign & Traffic, stated that he would be willing
to take a look at it and report back to the Council.
Bob Stevenson, City Planner, stated that the original plans for Kimball Avenue
was for five lanes, but because of the merchants' objections the plans were
changed to only four lanes.
Councilperson Brown stated that also in that area, he would like some
investigation on the Covenant Medical Center - Schoitz Hospital sign on
Kimball and the possibility of it blocking the vision of oncoming traffic.
Moved by Buck, seconded by Wright
that the above comments be received and placed on file.
Motion carried.
March 28, 1988 Page 2
PETITIONS FROM PUBLIC
91820 - Moved by Budak, seconded by Wright
that communication from City Planner transmitting 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, 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 4, 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. 1988-133.
91821 - Moved by Budak, seconded by Wright
that communication from City Planner transmitting request of Larry Jones and
Richard Flynn of Burger King to vacate, sell and convey the alley generally
located between Ansborough and Dundee Avenues from University Avenue south 200
feet, together with recommendation of approval of Planning, Programming and
Zoning Commission, be received, placed on file and "Resolution setting date of
hearing as April 11, 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. 1988-134.
91822 - Moved by Budak, seconded by Wright
that communication from City Planner transmitting request from E. Stanley
Jones, Pastor of South Hackett Road Baptist Church, to temporarily place signs
on University Avenue at Progress Avenue, on Midway Drive at Progress Avenue,
and on Progress Avenue at Sager Avenue in conjunction with Hackett Road
Bypass, IX -6585(7)--79-07, together with recommendation of approval of City
staff, be received, placed on file and "Resolution approving said request", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-135.
REPORTS
91823 - Moved by Brown, seconded by Angel
that the City of Waterloo Policy Leadership Team Strategic Planning be
received, placed on file and approved.
Motion carried.
DOCUMENTS
91824 - Moved by Fox, seconded by Angel
that communication from Transportation Program Manager transmitting Agreement
No. 88-F-010 with Iowa Department of Transportation for Ansborough Avenue
(from University to Upton), IX -6615(7)--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. 1988-136.
91825 - Moved by Fox, seconded by Angel
that communication from Transportation Program Manager transmitting Contracts
for Appraisal Services with Jones Appraisal Services for 630-632 Wellington in
conjunction with Sixth Street Extension, IX -6604(2)--79-07, and for 836
Cleveland Street in conjunction with Cleveland Street, IX -6627(2)--79-07, be
received, placed on file and "Resolution approving said documents", be adopted
and Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-137.
March 28, 1988 Page 3
Documents - continued
91826 - Moved by Fox, seconded by Angel
that communication from Transportation Program Manager transmitting Statement
of Completion and Final Acceptance of Work in conjunction with Wagner Road,
IX -6589(1)--79-07, for work completed by Iowa Public Service Company
(electrical), be received, placed on file and "Resolution approving said
document", be adopted and Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-138.
91827 - Moved by Fox, seconded by Angel
that communication from Assistant City Engineer transmitting Change Order No.
1 for an increase of $11,000.00 for work to be performed by Aggrecon
Corporation in conjunction with F.Y. 1988 Salvaged Asphalt Crushing, Contract
No. 342, together with recommendation of approval, be received, placed on file
and Mayor and Clerk/Auditor authorized to execute same.
Motion carried.
91828 - Moved by Fox, seconded by Angel
that communication from Transportation Program Manager transmitting
Supplemental Contract, Bond and Certificate of Insurance from Cedar Valley
Corporation in the amount of $5,499.95 in conjunction with Kimball Avenue
South, IX -6641(5)--79-07, together with recommendation of approval, be
received, placed on file and "Resolution approving said documents", be adopted
and Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-139.
91829 - Moved by Fox, seconded by Angel
that communication from Personnel Director transmitting Addendum to Collective
Bargaining Agreement with Teamsters Local #238A, together with recommendation
to authorize Mayor to execute same, be received, placed on file and
"Resolution approving said Addendum", be adopted and Mayor authorized to
execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-140.
91830 - Moved by Fox, seconded by Angel
that communication from Personnel Director transmitting Addendum to Collective
Bargaining Agreement with International Association of Fire Fighters Local
#66, together with recommendation to authorize Mayor to execute same, be
received, placed on file and "Resolution approving said Addendum", be adopted
and Mayor authorized to execute same. Ayes: Six. Abstain: Budak.
Resolution adopted and upon approval by Mayor assigned No. 1988-141.
RESOLUTIONS TO BE ADOPTED
91831 - Moved by Angel, seconded by Wright
that "Resolution approving permanent and temporary easement contract payments
for real property at 1947 Rainbow Drive and 2001 Rainbow Drive in conjunction
with F.Y. 1988 Vincent and Longview Culvert Replacements, Contract No. 327",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-142.
91832 - Moved by Angel, seconded by Wright
that "Resolution authorizing the issuance of $5,690,000.00 in Essential
Corporate Purpose General Obligation Bonds in Fiscal Year 1989", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-143.
March 28, 1988 Page 4
Resolutions to be Adopted - continued
91833 - Moved by Angel, seconded by Wright
that "Resolution by the City Council of the City of Waterloo, Iowa, as the
Waterloo Housing Authority, approving submission of Fiscal Year Ending June
30, 1989 Operating Budget for Ridgeway Towers, IA050003 (225 W. Ridgeway
Avenue)", be adopted.
Prior to the vote, Deborah Collett of the Waterloo Housing Authority stated
that the Waterloo Housing Authority was going to replace 24 of the worst
air -conditioners in the Ridgeway Towers. Collett continued that the
replacement air -conditioners could only be of one brand to fit the existing
hole in the various rooms.
Councilperson Brown questioned the purchase of the piano for $2,600.
Collett stated that the insurance company had settled for approximately $1,100
for the damage to the old piano.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-144.
91834 - Moved by Angel, seconded by Wright
that "Resolution by the City Council
Waterloo Housing Authority, approving
30, 1988 Operating Budget Revision No.
Ridgeway Avenue)", be adopted. Ayes:
of the City of Waterloo, Iowa, as the
submission of Fiscal Year Ending June
1 for Ridgeway Towers, IA050003 (225 W.
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-145.
ORDINANCES TO BE ADOPTED
91835 - Hugh Field, City Attorney, addressed changes in the Park Board Ordinance.
Field stated that he has added a member to the ordinance from the Recreation
Commission, changed it to reflect that the employees are under the general
policy of the Mayor and City Council, and allowed the Park Board to set their
own meeting dates. Field continued that he had sent a copy to the Chairman of
the Park Board, Gene Yagla, and had received no response so assumed that there
were no changes.
Mayor McKinley stated these changes are designed to correspond with the
proposed non -bargaining employee's agreement package that standardizes
benefits and wage structures throughout the City. McKinley continued that it
was the intent of the ordinance change to bring any new employees through the
Personnel Office to the Mayor and Council so that all rules and regulations
can be complied with in hiring Park employees.
Discussion followed regarding various paragraphs in the proposed ordinance.
Attorney Hugh Field stated that the City is run by the Mayor and the City
Council based on the fact that they are elected officials and are answerable
to the voting public. Field continued that the Park Board should be a policy
making Board as are other Boards and Commissions in the City.
Personnel Director Jim Rodemeyer stated that there are three areas of concern
with all employment in the City that his Department handles. Those are:
Collective Bargaining Agreements between the various units of the City, the
Civil Service Laws that must be complied with for all City employees, and the
Affirmative Action Policy as passed by the City Council. Rodemeyer continued
that his Department must be involved with the employment of City employees due
to those three factors.
Councilperson Dell questioned who the Park Board would make the
recommendations to on hiring of their employees.
Attorney Field stated that the recommendations would go to the Mayor and
Council.
Councilperson Dell stated that he questioned wh'ther this would erode the
authority of the Park Board.
March 28, 1988 Page 5
Ordinances to be Adopted - continued
Leonard Katoski, former Park Director, 417 Glencoe Avenue, stated that he was
confounded with the power grab that he was observing between the Park Board
and the Mayor and City Council. He stated that the Park Board should retain
the basic powers and duties as always has been given them, and that is to have
the ability to hire their own employees. Katoski continued that he can see
where politics would get in the way where there is no place for politics. He
stated that he saw two factors involved here that the Council should keep in
mind, the community services that the Park Board is doing for the community
and the Park Board has a duty to relieve the Mayor and Council of duties
dealing with the Parks. The Park Board is entitled to hire their own
employees and if the system is not broken, why fix it. Katoski stated that he
had once upon a time been a Park Commissioner, then the Director and at one
time in 1903 the Park Board stood for election.
Mayor McKinley stated that this action was not punitive in nature and that it
was not to correct past wrongs. McKinley stated that the problem comes in
with the setting of salaries throughout the City and dealing with collective
bargaining system throughout all the units. City salaries needed to be
standardized and also the procedure in which employees are hired and
dismissed. McKinley continued that the ordinances should be changed to
accommodate harmony within all Departments of the City.
Attorney Field stated that he was the one who wrote the Park Ordinance and in
no way had intended to have it a power grab. Field continued that all
Departments should be answerable in the end to the Mayor and Council for all
actions taken.
Moved by Budak, seconded by Wright
that "an ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa, by repealing Subsection (1) Membership; Term, and Subsection
(2) Persons Eligible for Membership, of Section 2-193, Board Organization, and
by repealing Subsection (2) General Powers, and Subsection (5), Board
Meetings, of Section 2-194, Powers and Duties of the Board, of Division 4,
Board of Park Commissioners; and enacting in lieu thereof a new Subsection (1)
Membership; Term, and new Subsection (2) Persons Eligible for Membership, of
Section 2-193, Board Organization, and a new Subsection (2) General Powers,
and new Subsection (5), Board Meetings, to Section 2-194, Powers and Duties of
the Board, of Division 4, Board of Park Commissioners", be tabled for one
week. Ayes: Seven.
Motion carried.
91836 - Moved by Budak, seconded by Wright
that "an ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa, by repealing Subsection (a) of Section 28-18, Composition;
Appointment, Initial and Regular Terms of Members; Organization, of Division
2, Board of Recreation Commissioners, of Article II, Playgrounds, of Chapter
28, Parks and Recreation; and by enacting in lieu thereof a new Subsection (a)
of Section 28-18, Composition, Appointment, Initial and Regular Terms of
Members; Organization, of Division 2, Board of Recreation Commissioners, of
Article II, Playgrounds, of Chapter 28, Parks and Recreation", be tabled for
one week. Ayes: Seven.
Motion carried.
91837 - Moved by Brown, 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 tabled for
one week. Ayes: Seven.
Motion carried.
March 28, 1988 Page 6
Ordinances to be Adopted - continued
91838 - Moved by Buck, seconded by Wright
that "an ordinance amending the Code of Ordinances of the City of Waterloo,
Iowa, by repealing Section 1 and Section 3, of Article XVII, Board of Plumber
Examiners, of the Plumbing Code; and by enacting in lieu thereof a new Section
1 and Section 3, of Article XVII, Board of Plumber Examiners, of the Plumbing
Code", be received, placed on file, passed and considered for the first time.
Ayes: Seven.
Motion carried.
91839 - 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.
91840 - Moved by Dell, seconded by Angel
that "an ordinance amending the
Iowa, by repealing Section 1 and
Examiners, of the Plumbing Code;
1 and Section 3, of Article XVII
Code", be adopted. Ayes: Seven
Code of Ordinances of the City of Waterloo,
Section 3, of Article XVII, Board of Plumber
and by enacting in lieu thereof a new Section
, Board of Plumber Examiners, of the Plumbing
Ordinance adopted and upon approval by Mayor assigned No. 3534.
91841 - Moved by Angel, seconded by Fox
that "an ordinance amending the Electrical Ordinance No. 2071, of the Code of
Ordinances of the City of Waterloo, Iowa, by repealing Section 204, Board of
Appeals and Examiners, and enacting in lieu thereof a new Section 204, Board
of Appeals and Examiners", be received, placed on file, passed and considered
for the first time. Ayes: Seven.
Motion carried.
91842 - Moved by Fox, seconded by Dell
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.
91843 - Moved by Wright, seconded by Angel
that "an ordinance amending the Electrical Ordinance No. 2071, of the Code of
Ordinances of the City of Waterloo, Iowa, by repealing Section 204, Board of
Appeals and Examiners, and enacting in lieu thereof a new Section 204, Board
of Appeals and Examiners", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3535.
91844 - Moved by Fox, seconded by Wright
that "an ordinance amending the 1988 Traffic Code by adding Subsection (5b)
Big Rock Road and Subsection (7a) Burton Avenue to Section 569, Truck Traffic
Prohibited on Certain Streets", be received, placed on file, passed and
considered for the second time. Ayes: Seven.
Motion carried.
March 28, 1988
Ordinances to be Adopted - continued
91845 - Moved by Buck, seconded by Angel
Page 7
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 third time and now placed on its
final adoption. Ayes: Seven.
Motion carried.
91846 - Moved by Brown, seconded by Wright
that "an ordinance amending the 1988 Traffic Code by adding Subsection (5b)
Big Rock Road and Subsection (7a) Burton Avenue to Section 569, Truck Traffic
Prohibited on Certain Streets", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3536.
91847 Moved by Angel, seconded by Fox
that "an ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa, by amending Section 22-11, Return of Library Materials or
Equipment, to Chapter 22, Library", be received, placed on file, passed and
considered for the second time. Ayes: Seven.
Motion carried.
91848 - 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 third time and now placed on its
final adoption. Ayes: Seven.
Motion carried.
91849 - Moved by Fox, seconded by Wright
that "an ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa, by amending Section 22-11, Return of Library Materials or
Equipment, to Chapter 22, Library", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3537.
BILLS PAYMENT
91850 - Moved by Angel, seconded by Brown
that "Resolution approving Schedule A918, pp. 1-67, in the amount of
$692,289.17, and Schedule W900, pp. 1-2, in the amount of $1,305.19, copies of
which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six.
Abstain: Fox.
Resolution adopted and upon approval by Mayor assigned No. 1988-146.
NEW BUSINESS
91851 - Moved by Buck, seconded by Angel
that communication from Mayor Bernard L. McKinley transmitting recommendation
of approval of reappointment of Sharon Armfield-Penn and Larry Cohrt to the
Historical Preservation Commission for another three year term, with term
expiration of April 7, 1991, be received, placed on file and approved.
Motion carried.
March 28, 1988 Page 8
New Business - continued
91852 - Moved by Buck, seconded by Angel
that communication from City Planner transmitting recommendation of
appointment of Bob Donels to the position of Senior Planner in the Planning,
Programming and Zoning Commission effective March 29, 1988, be received,
placed on file and approved.
Motion carried.
Travel Requests
91853 - 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. John Woods and Daryld Gilbertson, Police Officers, to attend National
PR -24 Baton Instructor Seminar and certification on April 25 -29, 1988 in
London, Ohio, with costs not to exceed $840.00, including the use of City
vehicle.
2. Bob Donels, Associate Planner, to attend Planning and Zoning for
Community Land Use Management on May 4 - 6, 1988 in Madison, Wisconsin,
with costs not to exceed $342.50, including the use of City vehicle.
3. Mohammad Elahi, Associate Engineer, to attend Traffic Signal Design
Training Course on May 17 - 20, 1988 in Ames, Iowa, with costs not to
exceed $335.00, including the use of City vehicle.
4. Planning and Zoning Commission staff member to attend 1988 State
Conference of Iowa NAHRO - APA on April 13 - 15, 1988 in Cedar Rapids,
Iowa, with costs not to exceed $240.00, including the use of City
vehicle.
5. Larry P. Burger, City Clerk/Auditor, to attend Iowa Municipal Finance
Officers Association Spring Meeting on April 20, 21, 22, 1988 in Des
Moines, Iowa, with costs not to exceed $280.00.
6. James Eggleston, Fire Inspector to attend Public Fire Education
Conference Quad State on April 6, 7, 8, 1988 in Fontana, Wisconsin, with
costs not to exceed $231.80.
Motion carried.
MISCELLANEOUS
91854 - 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 the following application for License for
Distress Sale, be received, placed on file and approved:
1. Beer License Permit Application
Class B
Waterloo Professional Baseball, 850 Park Road (New) (Expires 10/7/88)
(Includes Sunday Sales)
Gates Golf Course, 820 East Donald Street (New) (Expires 10/15/88)
(Includes Sunday Sales)
South Hills Golf Course, 1830 East Shaulis Road (New) (Expires 10/15/88)
(Includes Sunday Sales)
2. Beer License Permit Application
Class C
Holiday Stationstore, 3260 University (Renewal) (Expires 5/4/89(
(Includes Sunday Sales)
3. Beer and Wine License Permit Application
Class E
Jim Lind Standard, 230 East Ridgeway (Renewal) (Expires 4/18/89)
(Includes Sunday Sales)
March 28, 1988
Page 9
Miscellaneous - continued
4. Beer and Liquor License Permit Application
Class C
Village Lounge, 709 Jefferson Street (Renewal) (Expires 4/1/89)
Rumours, 1125 West Donald (New) (Expires 3/30/89) (Includes Sunday Sales)
5. Liquor License Permit Application
Class A
The Sunnyside Country Club, 1600 Olympic Drive (Renewal) (Expires
4/14/89) (Includes Sunday Sales)
Application for License for Distress Sale
DeWitt Sports Inc., 323 East Fourth Street
Motion carried.
BONDS
91855 - Moved by Budak, seconded
that the report of City
through March 28, 1988,
approved.
by Wright
Attorney and list of bonds filed with Clerk/Auditor
be received, placed on file and report and bonds
Motion carried.
ADJOURNMENT
91856 - Moved by Dell, seconded by Fox
that the Council adjourn.
Motion carried.
Larry P. Burger
City Clerk/Auditor