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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