HomeMy WebLinkAbout11/13/90November 13, 1990
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 November 13, 1990. Mayor Bernard L. McKinley
in the Chair. Roll Call: Dell, Angel, Wright, Budak, Brown. Absent: Fox, Buck.
Invocation by: Mayor Bernie McKinley
Pledge of Allegiance: Troop 13 --Erik Anderson, Corey Dunakey, Randy Foreman, Chris
Krough, Matt Martin, Alan Catchpool, Brian Clark, Ethan Magee.
96599 - Moved by Budak, seconded by Wright
that the Agenda, as proposed, for the Regular Session on November 13, 1990, at
7:00 p.m., and the Minutes of November 5, 1990, at 7:00 p.m., be accepted and
approved. Motion carried.
96600 - Mayor McKinley introduced two police dogs that are being used by the Police
Department's drug investigators. The dog trainers, Randy Chapman and Larry
Johnson, were introduced along with the dogs, Fax (Falko Vom Eschachtal) and
Narro Vander Guanerhoeue. Chief Koehrsen added that over $39,000 in public
contributions have been raised to finance the purchase of the dogs and their
training. Both officers were commended for their work.
HEARINGS
96601 - Moved by Dell, seconded by Angel
that proof of publication of notice of public hearing on request of Iowa
Department of Transportation to sell and convey property located at the corner
of West 8th Street and Bluff Street in conjunction with Relocated U.S. Highway
218, IX -218-7(60)--3P-07, as published in the Waterloo Courier on November 6,
1990, be received and placed on file. Motion carried.
96602 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for oral and written objections and there were none.
Moved by Brown, seconded by Wright
that the hearing be closed. Motion carried.
96603 - Moved by Wright, seconded by Dell
that "Resolution authorizing sale and conveyance of property generally located
at the corner of West 8th Street and Bluff Street to the Iowa Department of
Transportation in conjunction with Relocated U.S. Highway 218,
IX -218-7(60)--3P-07", be adopted and City Attorney instructed to prepare and
deliver a deed accordingly. Ayes: Five. Absent: Fox, Buck.
Resolution adopted and upon approval by Mayor assigned No. 1990-630.
PETITIONS FROM PUBLIC
96604 - Moved by Dell, seconded by Brown
that communication from City Planner transmitting request of Scott Van Dorn to
rezone from "R-2" One and Two Family Residence District to "C -Z" Conditional
Zoning property located at 922 Forest Avenue to continue operating a car
cleaning business, together with recommendation of denial of the Planning,
Programming and Zoning Commission, be received, placed on file and "Resolution
setting date of hearing as December 10, 1990, at 7:00 p.m. in the City Hall
Council Chambers on the above described request", be adopted and Deputy
Clerk/Auditor instructed to publish notice of same. Ayes: Five. Absent:
Fox, Buck.
Resolution adopted and upon approval by Mayor assigned No. 1990-631.
November 13, 1990 Page 2
Petitions from Public - continued
96605 - Moved by Dell, seconded by Brown
that communication from City Planner transmitting request to rezone from "U-1"
Unclassified District to "R-2" One and Two Family Residence District property
generally located along the west side of Cedar Bend Street, between Virginia
and Walker Streets, together with recommendation of approval of the Planning,
Programming and Zoning Commission, be received, placed on file and "Resolution
setting date of hearing as December 10, 1990, at 7:00 p.m. in the City Hall
Council Chambers on the above described request", be adopted and Deputy
Clerk/Auditor instructed to publish notice of same. Ayes: Five. Absent:
Fox, Buck.
Resolution adopted and upon approval by Mayor assigned No. 1990-632.
96606 - Moved by Dell, seconded by Brown
that communication from City Planner transmitting request of John S. and Nancy
J. Quail to vacate a portion of the platted easement located at 1922 Maynard
Avenue along the westerly side of Lot 11, Spier 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 December
10, 1990, at 7:00 p.m. in the City Hall Council Chambers", be adopted and
Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Five.
Absent: Fox, Buck.
Resolution adopted and upon approval by Mayor assigned No. 1990-633.
DOCUMENTS
96607 - In response to a question from Councilperson Brown, Don Temeyer, Planning and
Development Director, stated that the Preliminary Plats of Tower Park and
Country Club First Addition had not been filed in the Black Hawk County
Recorder's Office within the nine month time frame specified by the Zoning
Ordinance. It is the responsibility of the developer to make this recording
and to pay fees for resubmission of the Plat to the City for review.
Moved by Angel, seconded by Budak
that communication from City Planner transmitting the Preliminary Plat of Tower
Park, together with Deed of Dedication, Report of the City Engineer, and
recommendation of approval of the Planning, Programming and Zoning Commission,
be received, placed on file and "Resolution approving said Preliminary Plat",
be adopted. Ayes: Five. Absent: Fox, Buck.
Resolution adopted and upon approval by Mayor assigned No. 1990-634.
96608 - Moved by Angel, seconded by Budak
that communication from City Planner transmitting the Preliminary Plat of
Country Club First Addition, together with Deed of Dedication, Report of the
City Engineer, and recommendation of approval of the Planning, Programming and
Zoning Commission, be received, placed on file and "Resolution approving said
Preliminary Plat", be adopted. Ayes: Five. Absent: Fox, Buck.
Resolution adopted and upon approval by Mayor assigned No. 1990-635.
96609 - Moved by Angel, seconded by Budak
that communication from Transportation Program Manager transmitting
recommendation of award of Asbestos Inspection Contract C -90(I) to Asbestos
Inspection of Waterloo, Iowa in the amount of $710.00 for 512 West Mullan, 514
West Mullan and 827 West Fourth Street, be received, placed on file and
"Resolution approving said contract", be adopted and Mayor and Deputy
Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Fox, Buck.
Resolution adopted and upon approval by Mayor assigned No. 1990-636.
November 13, 1990 Page 3
Documents - continued
96610 - Moved by Angel, seconded by Budak
that communication from Assistant City Engineer transmitting Change Order No. 1
for a net increase of $2,572.84 for work performed by Borwig Building Service
in conjunction with F.Y. 1991 Sidewalk Repair Block Grant Program - Zone 2,
Contract No. 398, be received, placed on file and approved and Mayor and
Deputy Clerk/Auditor authorized to execute same. Motion carried.
RESOLUTIONS TO BE ADOPTED
96611 - Moved by Budak, seconded by Brown
that "Resolution approving the Modernization Project Grant Amendment Number 6
for Comprehensive Improvement Assistance Program funding from the Department of
Housing and Urban Development for handicap accessibility and property
improvements of the Ridgeway Towers, 225 W. Ridgeway Senior Citizen Project",
be adopted. Ayes: Five. Absent: Fox, Buck.
Resolution adopted and upon approval by Mayor assigned No. 1990-637.
96612 - Moved by Budak, seconded by Brown
that "Resolution authorizing cancellation of final sidewalk assessment
Certification Number 35 0007913-0 for property located at 1127 Columbia Street
in conjunction with the F.Y. 1990 Sidewalk Repair Assessment Program - Zone 1,
Contract No. 382 in the amount of $33.28", be adopted and Clerk/Auditor
authorized to notify the Black Hawk County Treasure of the same. Ayes: Five.
Absent: Fox, Buck
Resolution adopted and upon approval by Mayor assigned No. 1990-638.
ORDINANCES TO BE ADOPTED
96613 - The Mayor announced that the time had arrived for discussion on amendments to
Chapter 16 - Garbage, Refuse and Yard Waste --Burning Dates.
Mayor McKinley reported that the current ordinance allows for the burning of
yard waste on six consecutive Saturdays during the spring and fall. The first
reading of an amendment to this ordinance was proposed at the Council meeting
of November 5, 1990, which would allow for burning of yard waste on any day of
the week until December 1, 1990. The second reading of that ordinance is now
up for consideration.
Al Manning, 919 Fairview Avenue, stated that this past Saturday (November 10,
1990) was very smoky and asked the City to consider an alternative burning
ordinance. He suggested that a central station for deposit of leaves in
plastic bags be provided to citizens. Volunteers from the community or local
trucking companies could take the yard waste to the landfill. Mayor McKinley
stated that the problem boils down to who will pay for the service. He
explained that it has been the City's policy that those who benefit from the
service pay for the service. The City has chosen not to charge those
individuals who do not benefit from the service.
Councilperson Budak stated that the City may have to consider some type of
change in the burning of yard waste next year.
Mayor McKinley cited several examples of private individuals who have emerged
as a result of the yard waste ordinance the City recently enacted. He also
reported that he had received many telephone calls over the weekend concerning
the Saturday burning and the problems it caused those individuals with health
problems.
Mike Adams, 1824 East Fourth Street, stated that he works with many retirees
who oppose paying the bag cost associated with the City's program. He
suggested that citizens be allowed to burn in the evenings.
November 13, 1990 Page 4
Ordinances to be Adopted - continued
Councilperson Angel informed Mr. Adams of the garbage exemption policy that the
City offers to low-income individuals. In addition to exemption from garbage
fees, low-income persons are eligible to receive five free compost bags.
Elaine Jaquith, 3148 Marigold Drive, stated that the City of Vale, Colorado has
not only banned burning but has restricted burning for recreational purposes.
Councilperson Dell reminded the public that it is not business as usual. Due
to the far-sightedness of Public Works Director John Meyer, the City has begun
to address the state mandates that have been placed upon us. He also stated
that citizens can look forward to some type of burning ban that will be imposed
by the State Legislature
Moved by Brown, seconded by Wright
that "an Ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa, by repealing parts of the existing Chapter 16 - Garbage and
Refuse, and enacting in lieu thereof new parts of Chapter 16 - Garbage, Refuse
and Yard Waste --Burning Dates", be received, placed on file, considered and
passed for the second time. Ayes: Five. Absent: Fox, Buck. Motion carried.
96614 - Moved by Dell, seconded by Brown
that "an Ordinance amending the 1988 Traffic Code by repealing Section 558, 30
Minute Parking; and by enacting in lieu thereof a new Section 558, 30 Minute
Parking (30 minute parking on High Street on the west side from Vine Street to
Lime Street and on Westfield Avenue on the north side from 125 feet west of the
John Deere clock house to McKinley Street)", be received, placed on file,
considered and passed for the first time. Ayes: Five. Absent: Fox, Buck.
Motion carried.
BILLS PAYMENT
96615 - Moved by Angel, seconded by Dell
that "Resolution approving Schedule A918, pp. 1-65, in the amount of
$1,505,056.93, copies of which are on file in the Clerk/Auditor's Office", be
adopted and authorization to proceed with the purchase of equipment for the
Cable Commission in the amount of $13,836.85. Ayes: Four. Abstain: Angel.
Absent: Fox, Buck.
Resolution adopted and upon approval by Mayor assigned No. 1990-639.
NEW BUSINESS
96616 - Moved by Brown, seconded by Wright
that communication from City Planner transmitting proposed amendments to City
Ordinance as it pertains to Child Day Care definition and Accessory Uses
Section of the "R-1" and "R-2" One and Two Family Residence Districts, together
with recommendation of approval of the Planning, Programming and Zoning
Commission, be received, placed on file and "Resolution setting date of hearing
as December 10, 1990, at 7:00 p.m. in the City Hall Council Chambers", be
adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes:
Five. Absent: Fox, Buck.
Resolution adopted and upon approval by Mayor assigned No. 1990-640.
96617 - Moved by Brown, seconded by Wright
that communication from Superintendent of Traffic Operations transmitting
recommendation that two 100 watt HPS lamps on wooden poles be installed at the
intersection of Wallace Place and Cataract Avenue and the cul-de-sac on Wallace
Place, be received, placed on file and "Resolution approving said street light
installation", be adopted and Clerk/Auditor authorized to inform Iowa Public
Service of same. Ayes: Five. Absent: Fox, Buck.
Resolution adopted and upon approval by Mayor assigned No. 1990-641.
November 13, 1990 Page 5
New Business - continued
96618 - Moved by Brown, seconded by Wright
that communication from Public Works Director transmitting recommendation of
appointment of Gary Simmons to the position of Sewer Superintendent effective
November 26, 1990, be received, placed on file and approved. Motion carried.
Travel Requests
96619 - Moved by Wright, seconded by Brown
that the following travel requests, with expenses not to exceed amount shown,
be received, placed on file and approved:
1. Daryld L. Gilbertson, Police Officer, to attend Dynamic Clearing
Techniques International Training Division in Sterling, Virginia, on
December 6 and 7, 1990, with costs not to exceed $200.00.
2. Roger Shook, Police Lieutenant, to attend Police Internal Affairs School
in Tempe, Arizona, on February 4-7, 1991, with costs not to exceed
$1,224.00.
Motion carried.
MISCELLANEOUS
96620 - Moved by Wright, seconded by Brown
that the following beer and liquor license permit applications, be received,
placed on file and approved and endorsed applications forwarded to the Iowa
Beer and Liquor Control Department:
1. Beer License Permit Application
Class C
Bishops Corner, 700 Bishop Avenue (Renewal) (Expires 12/22/91)
2. Beer & Liquor License Permit Application
Class C
Rumors Restaurant Lounge & Billiards, 1125 West Donald (Renewal) (Expires
11/14/91) (Includes Sunday Sales)
Motion carried.
BONDS
96621 - Moved by Angel, seconded by Dell
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through November 13, 1990, be received, placed on file and report
and bonds approved. Motion carried.
The Mayor called or oral presentations and there were none.
ADJOURNMENT
96622 - Moved by Wright, seconded by Brown
that the Council adjourn at 7:40 p.m. Motion carried.
Larry P. Burger
City Clerk/Auditor