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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