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HomeMy WebLinkAbout10/21/91October 21, 1991 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 October 21, 1991. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Angel, Buck, Wright, Budak, Brown. Absent: Fox. Invocation by: Councilperson Tony Budak Pledge of Allegiance: Councilperson Rose Angel 98426 - Moved by Buck, seconded by Angel that the Agenda, as proposed, for the Regular Session on Monday, October 21, 1991, at 7:00 p.m., and the Minutes of the Regular Session on Monday, October 14, 1991, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS 98427 - Moved by Dell, seconded by Brown that proof of publication of notice of public hearing on issuance of $4,360,000 Sewer Revenue Bonds for improvements and extensions to the municipal sanitary sewage utility, as published in the Waterloo Courier on October 15, 1991, be received and placed on file. Motion carried. 98428 - 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 Angel, seconded by Dell that the hearing be closed. Motion carried. 98429 - Larry P. Burger, Clerk/Auditor, stated that the Council had approved the Capital Improvements Program which included this proposed bond issuance. Following tonight's hearing, the City will publish a notice to bidders and authorize the sale of bonds tentatively set for November 12, 1991. John Meyer, Public Works Director, stated that the issuance would finance the remaining portion of the Intercity Interceptor and the lagoon cost at the Northeast Industrial site. The existing rate schedule that is now in effect will finance these improvements. After completion of the Intercity Interceptor, additional sewer improvements may be required in the Hackett Road area. Mr. Meyer also stated that the city in the next ten years will be faced with meeting the nitrification standards, which will be a costly improvement. Moved by Brown, seconded by Budak that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $4,360,000 Sewer Revenue Bonds" be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1991-696. UNFINISHED BUSINESS 98430 - Moved by Wright, seconded by Angel that communication from Director of Parks and Forestry transmitting recommendation of award of contract to Aspro Inc. in the amount of $78,740.00 in conjunction with the Gates Park Tennis Court Reconstruction be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1991-697. October 21, 1991 Page 2 PETITIONS FROM PUBLIC 98431 - Moved by Budak, seconded by Angel that communication from City Planner transmitting request of Allen Memorial Hospital to vacate the portion of the east -west alley from Reed Street to the north -south alley between Reed and Cutler Streets adjoining their property for expansion of existing hospital parking lot on the southeast corner of West Dale and Reed 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 October 28, 1991, at 7:00 p.m. in the City Hall Council Chambers on the above request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1991-698. 98432 - Moved by Budak, seconded by Angel that communication from City Planner transmitting request of Robert L. Rappaport et al to rezone from "A-1" Agricultural District to "C-2" Commercial District and "R-2" One and Two Family Residence District property generally located south of Ralston Road between Logan Avenue (U.S. 63 North) and East Fourth 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 November 18, 1991, 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: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1991-699. 98433 - Moved by Budak, seconded by Angel that communication from City Planner transmitting request of Peterson Contractors Inc. for a variance of Chapter 25.5 of the Noise Control Ordinance for sawing and sealing operations in conjunction with Shaulis Road Reconstruction, IX -6470(5)--81-07, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1991-700. 98434 - Moved by Budak, seconded by Angel that communication from Assistant City Engineer transmitting request of Dean A. Kerns for a temporary concrete driveway to be located at 1103 Bauch Street, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1991-701. 98435 - Moved by Budak, seconded by Angel that communication from City Engineer transmitting request of Powers Mfg. Company for a temporary concrete driveway to be located at 1345 Sycamore Street, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1991-702. 98436 - Moved by Budak, seconded by Angel that communication from City Engineer transmitting request of Steven J. Black for a temporary concrete driveway to be located at 703 Denver Street, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1991-703. • October 21, 1991 Page 3 Petitions from Public - continued 98437 - Moved by Budak, seconded by Angel that communication from City Planner transmitting request of George Stigler to reduce a portion of the 30 foot platted building line at 1747 Thrush Drive, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as November 12, 1991, at 7:00 p.m. in the City Hall Council Chambers on above described request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1991-704. 98438 - Moved by Budak, seconded by Angel that communication from Clerk/Auditor transmitting request of James Caradine, owner of property at 317 Linn Street and 1318 East Fourth Street, to approve repayment plan for delinquent certified garbage, weeds and sewer fees and decertify certain unpaid assessments, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1991-705. DOCUMENTS 98439 - Moved by Brown, seconded by Buck that communication from Police Chief transmitting Change Order No. 4 for a net increase of $2,734.00 for work to be performed by Don Gardner Construction in conjunction with the Renovation of Police Department and Planning and Development Division, be received placed on file and approved and Clerk/Auditor authorized to execute same. Motion carried. 98440 - Moved by Brown, seconded by Buck that communication from Police Chief transmitting Change Order increase of $6,646.00 for work to be performed by Don Gardner conjunction with the Renovation of Police Department an Development Division, be received, placed on file and Clerk/Auditor authorized to execute same. Motion carried. No. 5 for a net Construction in d Planning and approved and 98441 - Moved by Brown, seconded by Buck that communication from City Planner transmitting subcontract with PHR Associates to conduct an architectural and historical survey of the area generally located between Argyle Street, Logan Avenue (U.S. 63), Franklin Street and East 4th Street for possible nomination to the National Register of Historic Places, together with recommendation of approval, be received, placed on file and "Resolution approving said subcontract", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1991-706. 98442 - Moved by Brown, seconded by Buck that communication from City Planner transmitting an application for Swisher & Cohrt for tax abatement for property located at 528 West 4th Street in the West Washington Urban Revitalization Area Plan, together with recommendation of approval, be received, placed on file and "Resolution approving said tax abatement", be adopted and Clerk/Auditor instructed to notify the City Assessor of same. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1991-707. October 21, 1991 Page 4 Documents - continued 98443 - Moved by Brown, seconded by Buck that communication from Transportation Program Manager transmitting an application for Traffic Safety Improvement Program funding to update signalization of the intersections located at West llth Street and Commercial Street, West llth Street and Jefferson Street, and West Ridgeway Avenue and Hillcrest Road, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1991-708. RESOLUTIONS TO BE ADOPTED 98444 - Moved by Angel, seconded by Dell that "Resolution changing the Waterloo City Council meeting scheduled for Monday, February 10, 1992 at 7:00 p.m. in the City Hall Council Chambers to Tuesday, February 11, 1992, at 7:00 p.m. in the City Hall Council Chambers", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1991-709. 98445 - Moved by Angel, seconded by Dell that "Resolution authorizing certification of demolition costs in the amount of $1,603.00 for 1033 Wyandotte Street", be adopted and Clerk/Auditor instructed to notify County Treasurer of the same. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1991-710. 98446 - Moved by Angel, seconded by Dell that "Resolution setting date of hearing as October 28, 1991, at 7:00 p.m. in the City Hall Council Chambers on sale and conveyance to Deere & Co. property generally located off of McKinley Street and Westfield Avenue", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1991-711. 98447 - Moved by Angel, seconded by Dell that "Resolution authorizing the total acquisition contract payment and acceptance of deed for Parcel No. 2 (Richard C. Anderson/Jean L. Nelson) in conjunction with Relocated Westfield Avenue Project", be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1991-712. ORDINANCES TO BE ADOPTED 98448 - Moved by Wright, seconded by Brown that "an Ordinance fixing the compensation of Council Members of the City of Waterloo, Iowa, and repealing Ordinance No. 3608", be received, placed on file, considered and passed for the second time. Ayes: Four. Nays: Dell, Budak. Absent: Fox. Motion carried. 98449 - Moved by Dell, seconded by Budak that "an Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by repealing Sections 9-1, Building Code Adopted, and 9-2, Amendment to Building Code, of Chapter 9, Buildings; and enacting in lieu thereof new Sections 9-1, Building Codes Adopted, and 9-2, Amendments to Building Code, of Chapter 9, Building (adoption of 1991 Uniform Building Code)", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Fox. Motion carried. AbAN October 21, 1991 Page 5 Ordinances to be Adopted - continued 98450 - Moved by Buck, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Fox. Motion carried. 98451 - Moved by Budak, seconded by Dell that the following ordinance be recorded as having been considered and passed for the third time and now placed on its final adoption. Ayes: Six. Absent: Fox. Motion carried. 98452 - Moved by Dell, seconded by Angel that "an Ordinance amending the Code of Ordinances of the City of Waterloo, Iowa, by repealing Sections 9-1, Building Code Adopted, and 9-2, Amendment to Building Code, of Chapter 9, Buildings; and enacting in lieu thereof new Sections 9-1, Building Codes Adopted, and 9-2, Amendments to Building Code, of Chapter 9, Building (adoption of 1991 Uniform Building Code)", be adopted. Ayes: Six. Absent: Fox. Ordinance adopted and upon approval by Mayor assigned No. 3829. 98453 - Moved by Wright, seconded by Brown that "an Ordinance amending Chapter 18, Heating, Air Conditioning and Ventilating, of the Code of Ordinances of the City of Waterloo, Iowa (adoption of the 1991 Uniform Mechanical Code)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Fox. Motion carried. 98454 - Fire Chief Stan Stapella stated that the Fire Department has been receiving 40 to 50 calls per day. If a resident calls with a burning complaint, the Fire Department must respond with the necessary equipment as they would with any emergency call. Moved by Budak, seconded by Wright that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 16-12, Rubbish and Trash Near Buildings, or in Cellars or Alleys Prohibited; May be Abated as a Nuisance; Open Burning Prohibited, of Chapter 16, Garbage and Refuse; and by enacting in lieu thereof new Section 16-12, Rubbish and Trash Near Building, or in Cellars or Alleys Prohibited; May be Abated as a Nuisance; Open Burning Prohibited, of Chapter 16, Garbage and Refuse (open burning allowed from October 23, 1991 through November 30, 1991)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Fox. Motion carried. 98455 - Moved by Wright, seconded by Budak that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Fox. Motion carried. 98456 - Moved by Brown, seconded by Wright 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. Absent: Fox. Motion carried. 98457 - Moved by Wright, seconded by Budak that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 16-12, Rubbish and Trash Near Buildings, or in Cellars or Alleys Prohibited; May be Abated as a Nuisance; Open Burning Prohibited, of Chapter 16, Garbage and Refuse; and by enacting in lieu thereof new Section 16-12, Rubbish and Trash Near Building, or in Cellars or Alleys Prohibited; May be Abated as a Nuisance; Open Burning Prohibited, of Chapter 16, Garbage and Refuse (open burning allowed from October 23, 1991 through November 30, 1991)", be adopted. Ayes: Six. Absent: Fox. Ordinance adopted and upon approval by Mayor assigned No. 3830. October 21, 1991 Page 6 Ordinances to be adopted - continued Mayor McKinley stated that he agrees personally that open burning should not be allowed. He read a letter from the Black Hawk Health Department outlining the physical damages to inhaling smoke. A copy of the letter is on file in the office of the Clerk/Auditor. BILLS PAYMENT 98458 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-51, dated October 21, 1991, in the amount of $963,074.12, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Five. Abstain: Buck. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1991-713. NEW BUSINESS 98459 - Moved by Angel, seconded by Brown that communication from City Planner transmitting proposed revisions to the target area for revitalization to be changed to Utica Street, Franklin Street, Park Avenue and the Cedar River, together with recommendation of approval of the Gateway Neighborhood Association, be received, placed on file and "Resolution setting date of hearing as November 4, 1991, at 7:00 p.m. in the City Hall Council Chambers on the above proposed revisions", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1991-714. 98460 - Moved by Angel, seconded by Brown that communication from Mayor Bernie McKinley transmitting recommendation of appointment of Richard Smuck to the Metropolitan Transit Authority Board of Directors, with term expiration date of July 1, 1995, be received, placed on file and approved. Motion carried. 98461 - Moved by Angel, seconded by Brown that communication from Mayor Bernie McKinley transmitting recommendation of appointment of Jim Fox to the Dogtrack Operating Committee for another two year term, be received, placed on file and approved. Motion carried. 98462 - Moved by Angel, seconded by Brown that communication from Waterloo Water Works General Manager transmitting proposed budget for the Waterloo Water Works for calendar year 1992, together with recommendation of approval of the Board of Trustees, be received, placed on file and "Resolution setting date of hearing as November 4, 1991, at 7:00 p.m. in the City Hall Council Chambers on said budget", be adopted and Clerk/Auditor instructed to publish notice of hearing according. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1991-715. 98463 - Moved by Brown, seconded by Buck that communication from Superintendent of Street Operations transmitting recommendation of appointment of Dana Clement to the position of Equipment Operator I, effective October 28, 1991, be received, placed on file and approved. Ayes: Four. Nays: Dell, Wright. Absent: Fox. Motion carried. Travel Requests 98464 - 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: October 21, 1991 Page 7 Travel Requests - continued 1. Patricia Reed, Human Rights Specialists, to attend The Way Up IX, Women of the 90s Conference in Des Moines, Iowa on November 7-8, 1991, with costs not to exceed $224.00. 2. Jim Cain, Fire Marshal, Tom Lanigan, Fire Lieutenant, to attend Annual Hawkeye State Fire Safety Association Fall Conference in Des Moines, Iowa on October 23-25, 1991, with costs not to exceed $390.00, including the use of city vehicle. 3. Annie Butler, Administrative Secretary, to attend Expanding Wordperfect Skills Seminar in Cedar Rapids, Iowa on November 7, 1991, with costs not to exceed $132.50, including the use of city vehicle. 4. Duane Foutch and Maynard Davis, Identification Officers, to attend Iowa Division of the International Association for Identification Fall Training Conference in Bettendorf, Iowa on November 7-8, 1991, with costs not to exceed $129.00, including the use of city vehicle. Motion carried. MISCELLANEOUS 98465 - 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/Wine License Permit Application Class E Fleagle Foods, 2834 Ansborough Avenue (Renewal) (Expires 11/6/92) (Includes Sunday Sales) 2. Beer & Liquor License Permit Application Class C The 4th Street Station, 3251 West 4th Street (Renewal) (Expires 11/4/92) (Includes Sunday Sales) The Jet Tavern, 451 W. Parker Street (Renewal) (Expires 10/31/92) (Includes Sunday Sales) 3. Liquor License Permit Application Class A The Supervisors Club, Inc., 3265 DeWitt Road (Renewal) (Expires 11/9/92) (Includes Sunday Sales) 4. Liquor License Permit Application Class E County Market, 1411 Flammang Drive (Renewal) (Expires 10/29/92) (Includes Sunday Sales) Motion carried. BONDS 98466 - Moved by Buck, seconded by Angel that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through October 21, 1991, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 98467 - Shirley Koslowski, 816 Archer Avenue, stated that the League of Voters is actively participating in the "Take Back the System" which is a national movement to get voters involved in the political process. She also distributed a Voter's Bill of Rights urging voter participation in the process. Ms. Koslowski also thanked the Council for changing the February 11 Council meeting to allow participation in the Iowa State Caucuses. October 21, 1991 Page 8 Oral Presentations - continued Bev Kies, 4536 Hoff Road, asked whether or not the city has plans to make Hoff Road a permanent truck route. City staff stated that this is being done on a temporary basis to allow for the reconstruction of Shaulis Road and that there is no truth to this rumor. Moved by Buck, seconded by Brown that the above oral comments be received and placed on file and the Council adjourn at 7:50 p.m. Motion carried. Larry P. Burger City Clerk/Auditor