HomeMy WebLinkAbout09/14/92September 14, 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 September 14, 1992. Mayor Albert C. Manning,
Jr. in the Chair. Roll Call: Dell, Angel, Buck, Wright, Budak, Lemke. Absent: Fox.
Invocation: A Moment of Silence
Pledge of Allegiance: Den 3, Cub Scout Pack 25 --Jeff Becker, Jamie Bullerman, Brett Hansen,
Kevin Honan, Jaon Bute, Chris Ferguson, Dustin Hamer, Corey Krienert, Bryan Hooyman.
99946 - Moved by Buck, seconded by Angel
that the Agenda, as proposed, for the Regular Session on Monday, September 14,
1992, at 7:00 p.m., and the Minutes of the Regular Session on Tuesday, September
8, 1992, at 7:00 p.m., be accepted and approved. Motion carried.
Mayor Al Manning and Police Chief Bernal Koehrsen presented the Former FBI Agents Foundation
Scholarship award to Michael D. Fischels.
UNFINISHED BUSINESS
99947 - Moved by Angel, seconded by Dell
that communication from City Planner transmitting recommendation of award of
contract to Peterson Contractors Inc. of Reinbeck, Iowa in the amount of $97,300.00
in conjunction with Windows on Waterloo, Phase I, Landscape Improvements for the
Highway 218 Corridor, 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. 1992-515.
PETITIONS FROM PUBLIC
99948 - Moved by Wright, seconded by Buck
that communication from City Planner transmitting site plan request of Claassen
Engineering and Surveying, Inc. on behalf of Buzz Anderson and Max Bartlett to
develop a 96 unit apartment development, day care building and office building on
7.29 acres of property generally located south of the west entrance to Hawkeye
Institute of Technology, be received, placed on file and "Resolution setting date
of hearing as September 28, 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: Fox.
Resolution adopted and upon approval by Mayor assigned No. 1992-516.
REPORTS
99949 - Moved by Budak, seconded by Buck
that the report from Waterloo Housing Authority Ridgeway Towers and Section 8
Waterloo Housing Certificate Program --August 1992, be received and placed on file.
Motion carried.
DOCUMENTS
99950 - Bob Stevenson, City Planner, noted that the installation of the traffic signals
will begin with the installation of the poles in November. He noted that the
downtown signals have not yet been approved by the Iowa Department of
Transportation.
Moved by Budak, seconded by Buck
that communication from Transportation Program Manager transmitting a maintenance
agreement with the Chicago Central and Pacific Railroad Company (CCP) for traffic
signals installed at the intersection of Maynard and Ansborough Avenues, 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: Six. Absent: Fox.
Resolution adopted and upon approval by Mayor assigned No. 1992-517.
September 14, 1992
Documents - continued
99951 - Moved by Budak, seconded by Buck
Page 2
that communication from Transportation Program Manager transmitting Contracts,
Bonds and Certificates of Insurance in the amount of $97,300 from Peterson
Contractors Inc. of Reinbeck, Iowa in conjunction with Windows on Waterloo, Phase
I, Landscape Improvement Project, Highway 218 Corridor, be received, placed on file
and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor
authorized to execute same. Ayes: Six. Absent: Fox.
Resolution adopted and upon approval by Mayor assigned No. 1992-518.
99952 - Moved by Budak, seconded by Buck
that communication from Assistant City Engineer transmitting an Iowa Department of
Transportation Renewal of Adopt -A -Highway Application for the Sunrise Masonic Lodge
670 for a portion of U.S. Highway 63 generally located from Greyhound Drive to just
north of Martin Road, together with recommendation of approval, be received, placed
on file and "Resolution approving said renewal application", be adopted and Mayor
authorized to execute same. Ayes: Six. Absent: Fox.
Resolution adopted and upon approval by Mayor assigned No. 1992-519.
99953 - Moved by Budak, seconded by Buck
that communication from Personnel Director transmitting an agreement with the
Northeast Council on Substance Abuse (NECSA) for an employee assistance program for
FY 93, together with recommendation of approval, be received, placed on file and
"Resolution approving said agreement", be adopted and Mayor authorized to execute
same. Ayes: Six. Absent: Fox.
Resolution adopted and upon approval by Mayor assigned No. 1992-520.
99954 - Moved by Budak, seconded by Buck
that communication from Insurance Coordinator transmitting recommendation of award
of contract in the amount of $51,862 to Fireman's Fund Insurance Company for fire
and extended property insurance, 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. 1992-521.
RESOLUTIONS TO BE ADOPTED
99955 - Councilperson Budak suggested that action on this item be tabled. Jim Rodemeyer,
Personnel Director, noted that he anticipates the first meeting with the City's
bargaining units in two to three weeks.
Moved by Budak, seconded by Dell
that communication from James Walsh, City Attorney, recommending the appointment
of W. David Tyler as Assistant City Attorney for the purposes of contract
negotiations through July 1, 1993, be received, placed on file and tabled until
September 28, 1992. Ayes: Six. Absent: Fox. Motion carried.
99956 - Moved by Angel, seconded by Dell
that "Resolution authorizing the partial acquisition contract payments and
accepting the deeds and permanent easements for 1214 Franklin Street (Norris and
Laurel Youngblut), 1301 Sycamore Street (Dennis Leahy), 500 East 4th Street
(American Family Life Assurance Company of Columbus), 96 Franklin Street (Bill
Colwell's Auto Mart, Inc.), 1975 Franklin Street (E.N. Partnership) in conjunction
with Subsystem "M" Traffic Signal Improvement Project", be adopted. Ayes: Six.
Absent: Fox.
Resolution adopted and upon approval by Mayor assigned No. 1992-522.
September 14, 1992
99957 -
Page 3
Resolutions to be Adopted - continued
Moved by Angel, seconded by Dell
that "Resolution establishing fee of $5 for preparing copies of traffic accidents
and verification of loss reports by Waterloo Police Department", be adopted. Ayes:
Six. Absent: Fox.
Resolution adopted
99958 - Councilperson Dell
It was stated that
who will be making
Mayor Manning read
and upon approval by Mayor assigned No. 1992-523.
questioned how agencies could apply for the additional proceeds.
agencies should make the request through the Advisory Committee
the recommendations annually to the City Council.
the Resolution of Intent in its entirety.
Moved by Angel, seconded by Dell
that "Resolution of Intent identifying future appropriations for the increase of
the hotel/motel tax in the City of Waterloo from 5 to 7 percent to be effective
January 1, 1993", be adopted. Ayes: Six. Absent: Fox.
Resolution adopted and upon approval by Mayor assigned No. 1992-524.
ORDINANCES TO BE ADOPTED
99959 - Moved by Buck, seconded by Wright
that "an Ordinance vacating a portion of Plymouth Avenue, east of Interstate
380/U.S. 218"--Watco Construction Co", be received, placed on file, considered and
passed for the second time. Ayes: Six. , Absent: Fox. Motion carried.
99960 - Moved by Angel, 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.
99961 - Moved by Dell, seconded by Buck
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.
99962 - Moved by Budak, seconded by Dell
that "an Ordinance vacating a portion of Plymouth Avenue, east of Interstate
380/U.S. 218", be adopted. Ayes: Six. Absent: Fox.
Ordinance adopted and upon approval by Mayor assigned No. 3887.
99963 - Moved by Wright, seconded by Buck
that "Resolution authorizing sale and conveyance of a portion of Plymouth Avenue,
east of Interstate 380/U.S. 218 to Watco Construction, Inc. for $6,690.60", be
adopted and City Attorney instructed to prepare and deliver a deed accordingly.
Ayes: Six. Absent: Fox.
Resolution adopted and upon approval by Mayor assigned No. 1992-525.
99964 - Moved by Buck, seconded by Budak
that "an Ordinance vacating the sidewalk adjoining property at 325 West Thirteenth
Street --Harold and Ruthanne Rooff", be received, placed on file, considered and
passed for the second time. Ayes: Six. Absent: Fox. Motion carried.
99965 - Moved by Dell, seconded by Angel
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Six. Absent: Fox. Motion carried.
September 14, 1992
Ordinances to be Adopted - continued
99966 - Moved by Dell, seconded by Wright
Page 4
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.
99967 - Moved by Angel, seconded by Dell
that "an Ordinance vacating the sidewalk adjoining property at 325 West Thirteenth
Street", be adopted. Ayes: Six. Absent: Fox.
Ordinance adopted and upon approval by Mayor assigned No. 3888.
99968 - Moved by Budak, seconded by Buck
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance
as it pertains to fees charged for Planning, Programming and Zoning Commission and
staff services", be received, placed on file, considered and passed for the second
time. Ayes: Six. Absent: Fox. Motion carried.
99969 - Moved by Buck, seconded by Dell
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Six. Absent: Fox. Motion carried.
99970 - Moved by Wright, seconded by Buck
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.
99971 - Moved by Dell, seconded by Buck
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance
as it pertains to fees charged for Planning, Programming and Zoning Commission and
staff services", be adopted. Ayes: Six. Absent: Fox.
Ordinance adopted and upon approval by Mayor assigned No. 3889.
99972 - Moved by Dell, seconded by Buck
that "an Ordinance amending Subdivision Ordinance No. 2997, as it pertains to fees
charged for Planning, Programming and Zoning Commission and staff services", be
received, placed on file, considered and passed for the second time. Ayes: Six.
Absent: Fox. Motion carried.
99973 - Moved by Buck, seconded by Dell
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Six. Absent: Fox. Motion carried.
99974 - Moved by Budak, seconded by Wright
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.
99975 - Moved by Dell, seconded by Wright
that "an Ordinance amending Subdivision Ordinance No. 2997, as it pertains to fees
charged for Planning, Programming and Zoning Commission and staff services", be
adopted. Ayes: Six. Absent: Fox.
Ordinance adopted and upon approval by Mayor assigned No. 3890.
September 14, 1992
Ordinances to be Adopted - continued
99976 - Moved by Buck, seconded by Dell
Page 5
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance
by adding Subsection No. 272 to Section 2A-5 Rezoning Certain Property --rezone from
"A-1" Agricultural District to "M-1" Light Industrial District property generally
located on the north side of Airline Highway between Airport Boulevard and Wagner
Road", be received, placed on file, considered and passed for the second time.
Ayes: Six. Absent: Fox. Motion carried.
99977 - Moved by Wright, seconded by Angel
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Six. Absent: Fox. Motion carried.
99978 - Moved by Angel, seconded by Budak
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.
99979 - Moved by Budak, seconded by Dell
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance
by adding Subsection No. 272 to Section 2A-5 Rezoning Certain Property", be
adopted. Ayes: Six. Absent: Fox.
Ordinance adopted and upon approval by Mayor assigned No. 3891.
99980 - Moved by Buck, seconded by Wright
that "an Ordinance establishing street grades for the F.Y. 1993 Sidewalk Inspection
and Repair Program - Zone 4, Contract No. 441", be received, placed on file,
considered and passed for the first time. Ayes: Six. Absent: Fox. Motion
carried.
99981 - Moved by Dell, seconded by Buck
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Six. Absent: Fox. Motion carried.
99982 - Moved by Buck, seconded by Angel
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.
99983 - Moved by Angel, seconded by Dell
that "an Ordinance establishing street grades for the F.Y. 1993 Sidewalk Inspection
and Repair Program - Zone 4, Contract No. 441", be adopted. Ayes: Six. Absent:
Fox.
Ordinance adopted and upon approval by Mayor assigned No. 3892.
99984 - Moved by Wright, seconded by Buck
that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo,
Iowa, by repealing Subsection 14-65, Reference Materials, of Article III, Fire
Prevention Inspections, of Chapter 14, Fire Prevention and Protection and enacting
in lieu thereof a new Subsection 14-65, Reference Materials, of Article III, Fire
Prevention Inspections, of Chapter 14, Fire Prevention and Protection (Establishing
copy fees for the Fire Department by resolution)", be received, placed on file,
considered and passed for the first time. Ayes: Six. Absent: Fox. Motion
carried.
99985 - Moved by Dell, seconded by Angel
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Six. Absent: Fox. Motion carried.
September 14, 1992
Ordinances to be Adopted - continued
99986 - Moved by Budak, seconded by Wright
Page 6
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.
99987 - Moved by Buck, seconded by Wright
that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo,
Iowa, by repealing Subsection 14-65, Reference Materials, of Article III, Fire
Prevention Inspections, of Chapter 14, Fire Prevention and Protection and enacting
in lieu thereof a new. Subsection 14-65, Reference Materials, of Article III, Fire
Prevention Inspections, of Chapter 14, Fire Prevention and Protection (Establishing
copy fees for the Fire Department by resolution)", be adopted. Ayes: Six.
Absent: Fox.
Ordinance adopted and upon approval by Mayor assigned No. 3893.
99988 - Moved by Wright, seconded by Dell
that "Resolution establishing fee of $5 for preparing copies of reference materials
for the Fire Department effective October 1, 1992", be adopted. Ayes: Six.
Absent: Fox.
Resolution adopted and upon approval by Mayor assigned No. 1992-526.
BILLS PAYMENT
99989 - Moved by Angel, seconded by Wright
that "Resolution approving Schedule A918, pp. 1-52, in the amount of $919,460.92,
dated September 14, 1992, copies of which are on file in the Clerk/Auditor's
office", be adopted. Ayes: Six. Absent: Fox.
Resolution adopted and upon approval by Mayor assigned No. 1992-527.
NEW BUSINESS
99990 - Moved by Wright, seconded by Buck
that communication from City Engineer transmitting request for an engineer and
technician to participate in the Florida disaster relief team from September 21
through October 3, 1992, with no travel expense to City, be received, placed on
file and approved. Motion carried.
99991 - Moved by Wright, seconded by Buck
that communication from Louis Cutwright, Building Official, transmitting request
to participate in the Florida disaster relief team from September 13-20, 1992, with
no travel expense to City, be received, placed on file and approved. Motion
carried.
TRAVEL REQUESTS
99992 - Moved by Wright, seconded by Buck
that the following travel requests, with expenses not to exceed amount shown, be
received, placed on file and approved:
1. Eric Thorson, City Engineer, to attend Iowa Engineering Society annual meeting
in West Des Moines, Iowa on October 1-3, 1992, with costs not to exceed
$351.00.
2. Paul Huting, Park Superintendent of Resources, to attend fall workshop meeting
for the Iowa Park & Recreation Association in Carroll, Iowa on September 15-17,
1992, with costs not to exceed $135.00, including the use of city vehicle.
September 14, 1992
Travel Requests - continued
Page 7
3. Ned Deberg, Fire Captain, to attend Total Quality Management Workshop in Cedar
Falls, Iowa on September 17, 1992, with costs not to exceed $145.00, including
the use of city vehicle.
Motion carried.
MISCELLANEOUS
99993 - Moved by Wright, seconded by Buck
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 and application for massage technician permit be
received, placed on file and approved:
1. Beer License Permit Application
Class B
National Cattle Congress, 300 Rainbow Drive (Renewal) (Expires 9/20/93)
(Includes Sunday Sales)
Skip's Pro Shop, 820 E. Donald Street (Renewal) (Expires 10/3/93) (Includes
Sunday Sales)
2. Beer License Permit Application
Class C
Wareco, 1355 Lafayette Street (Renewal) (Expires 10/16/93) (Includes Sunday
Sales)
3. Beer/Liquor License Permit Application
Class C
Loading Dock, 1435 Sycamore Street (Renewal) (Expires 9/25/93) (Includes Sunday
Sales)
Casey's 218 Pub, 4010-4016 University Avenue (Renewal) (Expires 10/1/93)
(Includes Sunday Sales)
China Star Restaurant, 3840 University Avenue (Renewal) (Expires 10/2/93)
(Includes Sunday Sales)
Application for Massage Technician Permit
L. M. E. McCollough, 600 Kingsley Avenue
Motion carried.
City Attorney Jim Walsh stated that there were no bonds for Council approval.
ORAL PRESENTATIONS
99994 - Richard Gleason, 420 Oaklawn Avenue, stated that his tenants have been terrorized
in the area of Courtland and Irving Streets. They are afraid to leave their homes
and have asked that the City do something immediately.
Forest Dillavou, 1725 Huntington Road, stated that there is a safety problem on
Ansborough Avenue between Black Hawk Road and Highway 218. The number of curb cuts
and conflicting traffic problems pose serious problems for motorists. His son was
a victim of an auto accident recently at the intersection of Downing and Ansborough
Avenues. In response to a question from Councilperson Dell, Bob Stevenson, City
Planner, noted that this section of Ansborough Avenue is being used as a detour
route for U.S. Highway 218. After the detour traffic has been removed, it would
then be possible to evaluate the need for enhancements. That evaluation would
include looking at types and numbers of accidents.
Councilperson Dell questioned whether the City could enact an ordinance requiring
landlords to be responsible for the actions of their tenants.
Mayor Manning noted that construction activity in the metro area has increased,
evidenced by the increase in building permit activity.
Councilperson Wright noted that Waterloo, Iowa was mentioned on the Today Show.
Moved by Budak, seconded by Buck
that the above oral comments be received, placed on file and the Council adjourn
at 7:47 p.m. Motion carried.
Larry P. Bqrger
City Clerk/Auditor