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HomeMy WebLinkAbout11/23/1992November 23, 1992 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 Monday, November 23, 1992. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Dell, Fox, Angel, Wright, Budak, Lemke. Absent: Buck. Invocation: A Moment of Silence Pledge of Allegiance: Den 1, Pack 1 100288 - Moved by Angel, seconded by Wright that the Agenda, as proposed, for the Regular Session on Monday, November 23, 1992, at 7:00 p.m., and the Minutes of the Regular Session on Monday, November 16, 1992, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 100289 - Moved by Wright, seconded by Fox that proof of publication of notice of public hearing on sale and conveyance and taking of bids for Disposal Parcel F generally located along the west side of Ansborough Avenue, south and adjacent to the Pronto Convenience Store, and midway between Ridgeway Avenue and 4th Street in conjunction with Ansborough Avenue (South) project, as published in the Waterloo Courier on November 13, 1992, be received and placed on file. Motion carried. 100290 - 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 Fox, seconded by Dell that the hearing be closed. Motion carried. 100291 - Moved by Wright, seconded by Fox to receive, file and instruct Clerk/Auditor to open and read bids and refer to City Planner for review and recommendation (see CR 100316 for sale and conveyance): Bidder Gibralter Investments, Inc., Oklahoma City, OK Vinton Jones, Waterloo, IA Young Development Co., Waterloo, IA Warren Brothers, Waterloo, IA Motion carried. UNFINISHED BUSINESS 100292 - Moved by Angel, seconded by Budak Bid Bond $ 725.50 $ 305.00 $1,000.00 $ 813.00 Bid Amount $7,252.00 $3,025.00 $7,550.00 $8,130.00 that "Resolution authorizing award of contract to Advanced Technologies Corp. of Cedar Falls, Iowa in the amount of $29,465.00 for the Asbestos Removal at the Hazardous Material Regional Training Center", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-659. PETITIONS FROM PUBLIC 100293 - Moved by Dell, seconded by Angel that communication from City Planner transmitting site plan amendment request from Long John Silvers Restaurant, 2775, Crossroads Boulevard to build a 13' x 43' addition to the east side of the restaurant, together with recommendation of approval of approval of Planning, Programming and Zoning Commission staff, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-660. November 23, 1992 Petitions from Public - continued 100294 - Moved by Dell, seconded by Angel Page 2 that communication from City Engineer transmitting request of Sandra C. Denning for a temporary concrete driveway to be located at 901 Birmingham, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-661. 100295 - Moved by Dell, seconded by Angel that communication from City Engineer transmitting request of John A. Cole for a temporary concrete driveway to be located at 1226 Stratford Avenue, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-662. 100296 - Moved by Dell, seconded by Angel that communication from Pony Express Riders transmitting request to collect donations at the intersection of 9th Street and Mitchell Avenue on December 5, 1992 from 9:00 a.m. to 2:00 p.m. be received, placed on file and approved. Motion carried. 100297 - Moved by Dell, seconded by Angel that communication from City Planner transmitting request of Steve Thorman representing A.Y. McDonald Supply to rezone from "C-2" Commercial District to "C- 2" Commercial District/"C-Z" Conditional Zoning property generally located at 3310 University Avenue, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as December 14, 1992 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: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-663. REPORTS 100298 - Moved by Dell, seconded by Angel that Report from Waterloo Housing Authority Ridgeway Towers and Section 8 Waterloo Housing Certificate Program --October 1992 be received and placed on file. Motion carried. 100299 - Moved by Budak, seconded by Wright that communication from Cable Commission transmitting recommendation of denial of TCI of Northern Iowa's request to temporarily waive franchise/ordinance to allow use of Cable Channel 9 for Weather Star 4000 program be received, placed on file and approved. Prior to a vote on the above motion, the following comments were heard. Darrel Wenzel, General Manager of TCI of Northeast Iowa, presented the Council with a letter asking them to reconsider and allow the cable company to broadcast The Weather Channel on the local access channel. Councilperson Tony Budak objected to using the local access channel for a commercial operation such as The Weather Channel. Mr. Wenzel stated that it was a business decision to make this switch, and in his opinion the Council and the Cable Commission had no power to stop the company from cablecasting The Weather Channel on the local access channel. Wenzel continued that a survey had been mailed in the December billing and the general public wanted a local access weather station. Wenzel continued if the survey comes back asking the company to keep the local radar weather, the company would not cablecast The Weather Channel. November 23, 1992 Page 3 Reports - continued Tim Ament, representing the Waterloo Cable Commission, stated that the Commission objected to The Weather Channel being cablecast on Channel 9 which is a public access channel. Ament continued that no commercial broadcast should be placed on a public access channel. Ament stated that according to information he has received there is 16 minutes of advertising for every hour of cablecasting on The Weather Channel. He continued that the Cable Commission believes there is another option available. He stated that the cost of operating the local radar weather on the public access channel is $260 per month, which is not a lot of money. Ament asked the City Council to vote yes on the motion to deny TCI of Northern Iowa's request to allow use of Cable Channel 9 for the Weather Star 4000 program and leave the local radar weather channel as it is. Ayes: Six. Absent: Buck. Motion carried. DOCUMENTS 100300 - Moved by Budak, seconded by Angel that communication from City Engineer transmitting Annual Right -of -Way Assurance Statement with the Iowa Department of Transportation in conjunction with federal - aid projects, together with recommendation of approval, be received, placed on file and "Resolution approving said document", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-664. 100301 - Moved by Budak, seconded by Angel that communication from Associate Engineer transmitting Completion Report and Recommendation of Acceptance of Work performed by Aspro, Inc. and Subsidiaries in conjunction with F.Y. 1992 Asphalt Overlay Program, Contract No. 433, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-665. 100302 - Moved by Budak, seconded by Angel that communication from Associate Engineer transmitting Maintenance Bond from Aspro, Inc. and Subsidiaries in conjunction with F.Y. 1992 Asphalt Overlay Program, Contract No. 433, be received, placed on file and approved. Motion carried. RESOLUTIONS TO BE ADOPTED 100303 - Moved by Budak, seconded by Angel that "Resolution supporting year-round racing for Waterloo Greyhound Park", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-666. 100304 - Moved by Budak, seconded by Angel that "Resolution setting date of hearing as December 7, 1992 at 7:00 p.m. in the City Hall Council Chambers on sale and conveyance of property generally located at 922 Mulberry Street to Sonda Reese for $8,505.00", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-667. 100305 - Moved by Budak, seconded by Angel that "Resolution setting date of hearing as December 7, 1992 at 7:00 p.m. in the City Hall Council Chambers on transfer of property generally located at 218 Glenwood Street to Greater Black Hawk Habitat for Humanity, Inc.", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-668. November 23, 1992 ORDINANCE TO BE ADOPTED 100306 - Moved by Dell, seconded by Wright Page 4 that "an Ordinance amending Ordinance No. 2479, as amended, as it pertains to the "H -C" Highway Corridor Ordinance prohibiting additional off -premises signs in the Highway Corridor District", be received, placed on file, considered and passed for the third time. Prior to a vote on the above motion, the following comments were heard. John Hermann, 2036 Casper Avenue, stated that the Council was doing a great injustice to all sign companies. He stated that signs are attractive if they are kept neat and clean. Mayor Manning stated that the signs presently along the corridor that are being grandfathered in advertise one-half local businesses and one-half non -local businesses according to a survey done. John Nagle, of Nagle Signs, Inc., stated that he was not against the regulation and control over signs, and that he supported an ordinance that would control the number of signs but thought that any moratorium on any additional signs would hurt his business. Nagle stated that he had hired 30 employees and had $500,000 in equipment to operate signs along the corridor. Nagle stated that he would have to re-evaluate his business and his equipment if the Council passed the moratorium on signs in the 218 Corridor. Councilperson Tony Budak stated that the Council did not build the 218 Corridor for advertisement, and the Council was regulating the signs to develop a cluttered -free corridor for the future. Bob Stevenson, City Planner, stated that the ordinance is a compromise as the City was considering condemning and buying all the present signs in the corridor, but decided to grandfather in those signs already in the corridor. John Nagle stated that the law is too restrictive and would have a definite negative impact on his business. Councilperson Fox stated that the City Council would like to take a look at the signs along the corridor for the next couple of years now that the corridor is open and can always change the ordinance in two or three years to allow for more signs. Councilperson Dell stated that persons in the area were definitely against cluttering the 218 Corridor. Councilperson Fox stated that a committee was formed two years ago to study this situation and recommended a moratorium. Fox continued that the Council is just extending the moratorium on no new signs in the area and making it official in ordinance form. Ayes: Six. Absent: Buck. Motion carried. 100307 - Moved by Angel, seconded by Fox that "an Ordinance amending Ordinance No. 2479, as amended, as it pertains to the "H -C" Highway Corridor Ordinance prohibiting additional off -premises signs in the Highway Corridor District", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3903. BILLS PAYMENT 100308 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-66, in the amount of $1,024,224.22, dated November 23, 1992, copies of which are on file in the Clerk/Auditor's office", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-669. November 23, 1992 NEW BUSINESS Page 5 100309 - Moved by Wright, seconded by Angel that communication from Public Works Director transmitting recommendation of promotion of Herbert Thompson to the position of Street Department Foreman, effective November 24, 1992, be received, placed on file and approved. Prior to a vote on the above motion, City Attorney Jim Walsh called for an Executive Session based on pending litigation. 100310 - Moved by Fox, seconded by Budak that the Council adjourn to Executive Session. Ayes: Six. Absent: Buck. Motion carried. EXECUTIVE SESSION 100311 - Moved by Budak, seconded by Angel that the Council adjourn the Executive Session. Motion carried. 100312 - Moved by Fox, seconded by Budak that communication from Public Works Director transmitting recommendation of promotion of Herbert Thompson to the position of Street Department Foreman be tabled for three weeks. Ayes: Six. Absent: Buck. Motion carried. 100313 - Moved by Wright, seconded by Angel that communication from Mayor Al Manning transmitting recommendation of reappointment of Judy Fossell and Beverly Hinders Trost to the Cablevision Commission, with term expiration date of December 1, 1995, be received, placed on file and approved. Motion carried. MISCELLANEOUS 100314 - Moved by Wright, seconded by Angel 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 B Pizza Hut, 2825 Crossroads Boulevard (Renewal) (Expires 12/3/93) (Includes Sunday Sales) Pizza Hut, 714 LaPorte Road (Renewal) (Expires 1/1/94) (Includes Sunday Sales) 2. Beer License Permit Application Class C Bishop's Corner, 700 Bishop Avenue (Renewal) (Expires 12/22/93) (Includes Sunday Sales) 3. Beer/Liquor License Permit Application Class C Mexikelly, 801 Commercial Street (Renewal) (Expires 12/13/93) The Winning Edge, 341 Fletcher Avenue (Renewal) (Expires 12/3/93) (Includes Sunday Sales) Motion carried. BONDS 100315 - Moved Angel, seconded by Wright that the report of City Attorney and list of bonds filed with the Clerk/Auditor through November 23, 1992, be received, placed on file and report and bonds approved. Motion carried. November 23, 1992 Page 6 100316 - Moved by Budak, seconded by Wright that "Resolution authorizing sale and conveyance of Disposal Parcel F generally located along the west side of Ansborough Avenue, south and adjacent to the Pronto Convenience Store, and midway between Ridgeway Avenue and 4th Street to Warren Brothers of Waterloo, Iowa in the amount of $8,130.00, plus costs in conjunction with Ansborough Avenue (South) project", be adopted and City Attorney instructed to prepare and deliver a deed accordingly (see CR 100291 for bid opening). Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-670. ORAL PRESENTATIONS 100317 - Deb Hightower stated that she objected to the removal of the Waterloo Police Department Liaison Program from the Waterloo high schools due to the recent budget cuts. She stated that her daughter needs the protection in the schools in order to have a safe environment while attending East and West High schools. Mayor Manning explained the recent budget cuts and how the City got into the situation it is in concerning the budget deficit. Al Chapman, Black Hawk Computer Systems, stated that the bids on the fiber optics for the Planning and Development Division is not needed at this time and the money could be utilized in other areas. L.C. Hennessey, 558 Montrose Drive, presented City Clerk/Auditor Larry Burger a tire pump in order to pump up the four flat tires Burger had stated the City had in a recent newspaper article. Bob Bedard asked that the Council no longer subsidize the outside agencies in the next budget. Chuck Adams, 3720 Village Place, objected to the City laying off police officers and firemen and the proposal to remove street lights. Aaron Kaufman, student senate president at West High, presented a petition to the Council recommending that the liaison program at both East and West High Schools be retained. Troy Sheeley, student senate president at East High, also objected to the removal of the liaison programs. He presented the Council with a petition protesting the elimination of the police liaison programs at the high schools. Sandra Felt, a student at East High School, spoke against the removal of the liaison program from the schools. A resident of 135 Cornwall and an unofficial representative of staff at East High School, spoke against the elimination of the liaison program at East High. Kathy Oberle, 710 Forest Avenue, stated that as a past member of the City's Citizens Budget Review Committee, she supported the creation of a public safety division and the police and fire departments working together to avoid future layoffs. She also recommended downsizing government and objected to adding any persons to the Human Rights staff. Ms. Oberle asked Chief Koerhsen to handle the cutbacks without cutting the liaison programs in the schools. John Hermann, 2036 Casper Avenue, questioned why Fire Station #6 was being closed. Mr. Hermann objected to cutting the liaison programs in the schools and asked that taxes be increased in the next budget if the money is spent wisely. Roberta Johnson, 603 Ray Street, addressed the Council on various issues regarding the budgetary cutbacks. Ms. Johnson objected to the layoff of policemen and firemen and asked the Council to take a look at what they were doing with the various layoffs. She stated that she is now laid off from her job with the City because she was bumped by another person laid off in the Police Department. November 23, 1992 Page 7 Oral Presentations - continued Richard Knief, President of the Police Protective Association, gave a short history of the Waterloo Police Department and how the Police Department's management staff and bargaining units arrived at the point where they are in pay raises. Knief questioned various areas of the budget and recommended a furlough system for City management to help with the budget shortfalls. Abby Burns, 2427 West 8th Street and acting as an unofficial representative of East High School, asked that the City not cut the liaison program. Forest Dillavou, 1725 Huntington Road, asked that the City hold the line on tax increases. Randy Miller, 121 South Street and representing non-profit organizations and Veterans of Foreign Wars Post 19, donated $200 dollars to the City's budget deficit fund and issued a challenge to all other tax free organizations to do the same. Various other citizens spoke against the elimination of the liaisons programs at East and West High Schools and asked the Council not to cut the priority areas of the City. Moved by Angel, seconded by Wright that the above oral comments be received, placed on file and the Council adjourn at 10:25 p.m. Motion carried. Larry P. Burger City Clerk/Auditor