HomeMy WebLinkAbout07/06/92July 6, 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 July 6, 1992. Mayor Albert C. Manning, Jr., in
the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Lemke.
Invocation by: Mayor Al Manning
Pledge of Allegiance: Public Works Director John Meyer
99577 - Moved by Buck, seconded by Wright
that the Agenda, as proposed, for the Regular Session on Monday, July 6, 1992, at
7:00 p.m., and the Minutes of the Regular Session on Monday, June 22, 1992, at 7:00
p.m., be accepted and approved. Motion carried.
HEARINGS
99578 - Moved by Angel, seconded by Wright
that proof of publication of notice of public hearing on request of Quik Trip, Inc.
to vacate, sell and convey a portion of the street right-of-way generally located
along the northerly side of the East San Marnan Drive frontage road, east of
Kimball Avenue for $12,308.00, as published in the Waterloo Courier on June 23,
1992, be received and placed on file. Motion carried.
99579 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and oral objections and there were none.
John Knapp, representing Quik Trip, Inc., stated that the proposed vacation will
allow them to redesign their gas pump area and allow for better internal
circulation. The westerly exit onto the frontage road will also be moved southerly
to alleviate congestion onto Kimball Avenue.
Moved by Dell, seconded by Budak
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission and oral comments be received and placed on file.
Motion carried.
99580 - Moved by Angel, seconded by Dell
that "an Ordinance vacating a portion of the street right-of-way generally located
along the northerly side of the East San Marnan Drive frontage road, east of
Kimball Avenue", be received, placed on file, considered and passed for the first
time. Ayes: Seven. Motion carried.
99581 - Moved by Budak, seconded by Wright
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Seven. Motion carried.
99582 - Moved by Buck, seconded by Dell
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: Seven.
Motion carried.
99583 - Moved by Wright, seconded by Buck
that "an Ordinance vacating a portion of the street right-of-way generally located
along the northerly side of the East San Marnan Drive frontage road, east of
Kimball Avenue", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3869.
99584 - Moved by Buck, seconded by Angel
that "Resolution authorizing sale and conveyance of a portion of the street right-
of-way generally located along the northerly side of the East San Marnan Drive
frontage road, east of Kimball Avenue to Quik Trip, Inc. for $12,308.00", be
adopted and City Attorney instructed to prepare and deliver a deed accordingly.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-373.
July 6, 1992
Hearings - continued
99585 - Moved by Budak, seconded by Dell
Page 2
that proof of publication of notice of public hearing on request of RC Management
to vacate the 50 foot greenbelt easement generally located along the east side of
the Carriage Hill Apartments, 312 Cataract Drive, as published in the Waterloo
Courier on June 23, 1992, be received and placed on file. Motion carried.
99586 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and oral comments and City Clerk/Auditor Larry P. Burger stated that the
applicant has submitted a letter requesting withdrawal of their proposal.
Moved by Dell, seconded by Wright
that the communication from RC Management to withdraw said request be received,
placed on file and approved. Motion carried.
99587 - Moved by Wright, seconded by Angel
that proof of publication of notice of public hearing on request of Young
Investment Company to vacate a portion of the sidewalk generally located along the
easterly side of Mullan Avenue, north of Commercial Street, as published in the
Waterloo Courier on June 23, 1992, be received and placed on file. Motion carried.
99588 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and oral objections and there were none.
Don Temeyer, Planning and Development Director, noted that the sidewalk serves a
vacant lot, and if developed at a future time, a sidewalk may be required. There
is no sidewalk between the applicant's property and the river.
Moved by Fox, seconded by Angel
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission and oral comments be received and placed on file.
Motion carried.
99589 - Moved by Buck, seconded by Angel
that "an Ordinance vacating a portion of the sidewalk generally located along the
easterly side of Mullan Avenue, north of Commercial Street", be received, placed
on file, considered and passed for the first time. Ayes: Seven. Motion carried.
99590 - Moved by Angel, seconded by Dell
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Seven. Motion carried.
99591 - Moved by Dell, seconded by Buck
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: Seven.
Motion carried.
99592 - Moved by Dell, seconded by Buck
that "an Ordinance vacating a portion of the sidewalk generally located along the
easterly side of Mullan Avenue, north of Commercial Street", be adopted. Ayes:
Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3870.
99593 - Moved by Wright, seconded by Buck
that proof of publication of notice of public hearing on request of Alvin Neisen
to vacate the sidewalk generally located along the easterly side of Wyoming Street,
just north of Lafayette Street, as published in the Waterloo Courier on June 23,
1992, be received and placed on file. Motion carried.
.IN,
July 6, 1992
Hearings - continued
Page 3
99594 - 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 Buck, seconded by Wright
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission be received and placed on file. Motion carried.
99595 - Moved by Wright, seconded by Dell
that "an Ordinance vacating the sidewalk generally located along the easterly side
of Wyoming Street, just north of Lafayette Street", be received, placed on file,
considered and passed for the first time. Ayes: Seven. Motion carried.
99596 - Moved by Angel, seconded by Wright
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Seven. Motion carried.
99597 - Moved by Budak, seconded by Fox
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: Seven.
Motion carried.
99598 - Moved by Fox, seconded by Dell
that "an Ordinance vacating the sidewalk generally located along the easterly side
of Wyoming Street, just north of Lafayette Street", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3871.
99599 - Moved by Angel, seconded by Wright
that proof of publication of notice of public hearing on request of Lorraine Barron
Layman (Standard Battery & Electric Company) to vacate, sell and convey a portion
of Bluff Street between West Eleventh and West Twelfth Streets, as published in the
Waterloo Courier on June 23, 1992, be received and placed on file. Motion carried.
99600 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and oral objections and there were none.
Don Temeyer, Planning and Development Director, noted that this portion of Bluff
Street is one of approximately 15 parcels along Bluff Street that may be eventually
sold to adjacent property owners. The condition of this sale together with those
previously approved requests requires that the area be landscaped. Standard
Battery & Electric has submitted a site plan which includes the planting of
hackberries, three black maples and ten conifer trees, and three shrubs. The sale
and conveyance should be made subject to the approval of this development plan
which will be approved at a later time.
Moved by Dell, seconded by Wright
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission and oral comments be received and placed on file.
Motion carried.
99601 - Moved by Buck, seconded by Angel
that "an Ordinance vacating a portion of Bluff Street between West Eleventh and
West Twelfth Streets" be received, placed on file, considered and passed for the
first time. Ayes: Seven. Motion carried.
99602 - Moved by Fox, seconded by Wright
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Seven. Motion carried.
July 6, 1992
Hearings - continued
99603 - Moved by Dell, seconded by Fox
Page 4
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: Seven.
Motion carried.
99604 - Moved by Budak, seconded by Wright
that "an Ordinance vacating a portion of Bluff Street between West Eleventh and
West Twelfth Streets", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3872.
99605 - Moved by Buck, seconded by Wright
that "Resolution authorizing sale and conveyance of a 25 foot portion of Bluff
Street between West Eleventh and West Twelfth Streets to Lorraine Barron Layman
(Standard Battery & Electric Company) for $1.00 and other considerations, subject
to approval of a development plan", be adopted and City Attorney instructed to
prepare and deliver a deed accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-374.
99606 - Moved by Wright, seconded by Buck
that proof of publication of notice of public hearing on request of Raymond Mays
and Ralph Schultz to vacate a portion of the sidewalk generally located along the
westerly side of West Eighth Street, north of Commercial Street, as published in
the Waterloo Courier on June 23, 1992, be received and placed on file. Motion
carried.
99607 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and oral objections and there were none.
Don Temeyer, Planning and Development Director, noted that the Planning,
Programming and Zoning Commission had recommended that only the northerly 65 feet
of the requested sidewalk vacation be approved which lies adjacent to the Ralph
Schultz property. The southerly 16 feet requested by Mr. Mayes is located within
an asphalt driveway which must be repaired under the sidewalk repair program.
Moved by Buck, seconded by Wright
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission to vacate only the northerly 65 feet of said
request and oral comments be received and placed on file. Motion carried.
99608 - Moved by Budak, seconded by Dell
that "an ordinance vacating a portion of the sidewalk generally located along the
westerly side of West Eighth Street, north of Commercial Street", be received,
placed on file, considered and passed for the first time. Ayes: Seven. Motion
carried.
99609 - Moved by Dell, seconded by Buck
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Seven. Motion carried.
99610 - 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: Seven.
Motion carried.
99611 - Moved by Angel, seconded by Wright
that "an Ordinance vacating a portion of the sidewalk generally located along the
westerly side or west Eighth Street, nortn of Commerciai Street,', be adopted.
Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned,. 3873.
July 6, 1992 Page 5
Hearings - continued
99612 - Moved by Buck, seconded by Dell
that proof of publication of notice of public hearing on request of Ronald Weber
to vacate, sell and convey a portion of Bluff Street between West Tenth and West
Eleventh Streets, as published in the Waterloo Courier on June 23, 1992, be
received and placed on file. Motion carried.
99613 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and oral objections and there were none.
Don Temeyer, Planning and Development Director, noted that the Planning,
Programming and Zoning Commission had recommended that a portion of the Bluff
Street right of way together with the sidewalk be vacated and sold to the adjoining
property owner. The property owner has agreed to make certain improvements since
it lies within the Gateway Corridor, including plantings, seeding and shrubbery.
A development agreement for this parcel will be approved by the Council at a later
date.
Moved by Dell, seconded by Budak
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission and oral comments be received and placed on file.
Motion carried.
99614 - Moved by Buck, seconded by Budak
that "an Ordinance vacating a portion of Bluff Street between West Tenth and West
Eleventh Streets", be received, placed on file, considered and passed for the first
time. Ayes: Seven. Motion carried.
99615 - Moved by Budak, seconded by Fox
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Seven. Motion carried.
99616 - Moved by Fox, 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: Seven.
Motion carried.
99617 - Moved by Fox, seconded by Dell
that "an Ordinance vacating a portion of Bluff Street between West Tenth and West
Eleventh Streets", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3874.
99618 - Moved by Buck, seconded by Dell
that "Resolution authorizing sale and conveyance of a 25 foot portion of Bluff
Street between West Tenth and Eleventh Streets, subject to approval of development
plan, to Ronald Weber for $1.00 and other considerations", be adopted and City
Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-375.
99619 - Moved by Dell, seconded by Angel
that proof of publication of notice of public hearing on request of Ronald Weber
to sell and convey property adjoining Bluff Street for $4,300.00, as published in
the Waterloo Courier on June 23. 1992, be received and placed on file. Motion
carried.
99620 - 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 Budak, seconded by Wright
that the hearing be closed and the recommendation of approval of the Plannin
Programming and Zoning Commission be received and placed on file. Motion carriedg.,
July 6, 1992
Hearings - continued
99621 - Moved by Fox, seconded by Angel
Page 6
that "Resolution authorizing sale and conveyance of property adjoining Bluff Street
to Ronald Weber for $4,300.00", be adopted and City Attorney instructed to prepare
and deliver a deed accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-376.
99622 - Moved by Buck, seconded by Angel
that proof of publication of notice of public hearing on request of Mary S.
Theroith to sell and convey a portion of excess right-of-way generally located at
the southeasterly corner of Vinton Street and Independence Avenue for $170.00, as
published in the Waterloo Courier on June 23, 1992, be received and placed on file.
Motion carried.
99623 - 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 Wright, seconded by Budak
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning staff be received and placed on file. Motion carried.
99624 - Moved by Dell, seconded by Buck
that "Resolution authorizing sale and conveyance of a portion of excess right-of-
way generally located at the southeasterly corner of Vinton Street and Independence
Avenue to Mary S. Theroith for $170.00", be adopted and City Attorney instructed
to prepare and deliver a deed accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-377.
99625 - Moved by Budak, seconded by Wright
that proof of publication of notice of public hearing on request of Steven B. Miles
to sell and convey excess right-of-way generally located on the southeast corner
of Ansborough Avenue and Janney Avenue, and adjacent to the Wonder Bread Store for
$40,000 in conjunction with Ansborough Avenue North, as published in the Waterloo
Courier on June 29, 1992, be received and placed on file. Motion carried.
99626 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for
written and oral objections and there were none.
Don Temeyer, Planning and Development Director, noted that 85 percent of the
purchase price will be reimbursed to the Federal Highway Administration as part of
the Ansborough Avenue North project. The property is currently zone 11R-2" One and
Two Family Residential District, but the property owner is soliciting support from
surrounding neighbors to rezone at a future date to allow the construction of a
retail store.
Moved by Wright, seconded by Budak
that the hearing be closed and the recommendation of approval of the Transportation
staff and oral comments be received and placed on file. Motion carried.
99627 - Moved by Angel, seconded by Dell
that "Resolution authorizing sale and conveyance of excess right-of-way generally
located on the southeast corner of Ansborough Avenue and Janney Avenue, and
adjacent to the Wonder Bread Store for $40,000.0011, be adopted and City Attorney
instructed to prepare and deliver a deed accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-378.
July 6, 1992
PETITIONS FROM PUBLIC
99628 - Moved by Budak, seconded by Wright
Page 7
that communication from City Engineer transmitting signage request from Sandee's
Limited, 529 West Ninth Street, to temporarily place signs on City right-of-way and
directional arrows at various intersections in conjunction with F.Y. 1992 Street
Reconstruction Program - No. 2, Contract No. 430, together with recommendation of
approval, be received, placed on file and "Resolution approving said request", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-379.
99629 - Moved by Budak, seconded by Wright
that communication from City Engineer transmitting request from Cedar Valley
Corporation for a variance to Chapter 25.5 of the Noise Control Ordinance from June
22, 1992 to May 28, 1993 in conjunction with F.Y. 1992 Street Reconstruction
Program - 2, Contract No. 430, together with recommendation of approval, be
received, placed on file and "Resolution approving said request", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-380.
DOCUMENTS
99630 - Moved by Fox, seconded by Angel
that communication from Public Works Director transmitting an agreement with
Goodwill Industries of Northeast Iowa for the distribution of yard waste bags,
together with recommendation of approval, be received, placed on file and
"Resolution approving said agreement", be adopted and Mayor authorized to execute
same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-381.
99631 - Moved by Fox, seconded by Angel
that communication from Black Hawk County Criminal Justice Information System
(CJIS) Coordinator transmitting 28E Agreement with the Black Hawk County Criminal
Justice Information System, be received, placed on file and "Resolution approving
said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-382.
99632 - Moved by Fox, seconded by Angel
that communication from Assistant City Engineer transmitting an application with
the Iowa Department of Transportation for use of highway right of way for utilities
accommodation to allow Carpenters Plumbing and Heating to construct a water line
for fire protection to serve Credit Bureau Enterprises, Inc., 3362 University
Avenue, together with recommendation of approval, be received, placed on file and
"Resolution approving said agreement", be adopted and Mayor authorized to execute
same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-383.
99633 - Moved by Fox, seconded by Angel
that communication from Community Development Board Administrator transmitting a
Memorandum of Agreement with the U.S. Department of Housing and Urban Development,
Iowa State Historic Preservation Office, and Advisory Council on Historic
Preservation in conjunction with the demolition of the former Rath Packing Plant,
together with recommendation of approval, be received, placed on file and
"Resolution approving said memorandum of agreement", be adopted and Mayor
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-384.
July 6, 1992
Documents - continued
Page 8
99634 - Don Temeyer, Planning and Development Director, noted that total Federal
Demonstration Funds allocated to the Fifth/Sixth Street Improvement project total
$7.9 million. Of this amount, approximately $4.5 million will be utilized for the
East Sixth Street Extension.
Moved by Fox, seconded by Angel
that communication from Transportation Program Manager transmitting an addendum to
agreement with the Iowa Department of Transportation in conjunction with
Fifth/Sixth Street Improvements, HDP -9107(001)--71-07, together with recommendation
of approval, be received, placed on file and "Resolution approving said addendum
to agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-385.
RESOLUTIONS TO BE ADOPTED
99635 - Moved by Fox, seconded by Buck
that "Resolution authorizing abatement of delinquent Waterloo Water Works
assessments (water kills) for properties acquired from the Resolution Trust
Corporation and located at 1306 Bertch, 922 Mulberry, 218 Glenwood and 424 Florence
totaling $4,256.88", be adopted and Clerk/Auditor instructed to notify Black Hawk
County Treasurer of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-386.
99636 - Moved by Fox, seconded by Buck
that communication from Superintendent of Traffic Operations transmitting
recommendation to direct Iowa Public Service to install residential street lights
at the intersection of West 8th Street and J.R. Drive, northeast corner of Dysart
Road and Orange Road, northwest corner of Hess Road and Orange Road, the south side
of intersection of Dysart Road and Shaulis Road, and Blue Wing and Dakota Drive,
be received, placed on file and "Resolution approving installation of said lights",
be adopted and Clerk/Auditor instructed to notify Iowa Public Service of same.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-387.
99637 - Moved by Fox, seconded by Buck
that "Resolution by the City Council of the City of Waterloo, as the Waterloo
Housing Authority, authorizing signature of Annual Contribution Contract for 20
additional units of Section 8 Housing Vouchers, IA05-VO50-014", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-388.
99638 - Moved by Fox, seconded by Buck
that communications from Community Development Administrator transmitting a sale
agreement with the Resolution Trust Corporation (RTC) for transfer of title of 26
residential properties, together with recommendation of approval, be received,
placed on file and "Resolution approving said agreement", be adopted and Mayor
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-389.
.--N
July 6, 1992
ORDINANCES TO BE ADOPTED
99639 - Moved by Buck, seconded by Wright
Page 9
that "an Ordinance renumbering Subsection (8) of Subsection (a) Defective Sidewalk
of Section 33-71, Definitions, of Division 3, Sidewalk Inspection and Repair, of
Chapter 33, Streets and Sidewalks, of the 1988 Code of Ordinances of the City of
Waterloo, Iowa, as Subsection (9) thereof; and adding new Subsection (8) to
Subsection (a) Defective Sidewalk of Section 33-71, Definitions, of Division 3,
Sidewalk Inspection and Repair, of Chapter 33, Streets and Sidewalks, of the 1988
Code of Ordinances of the City of Waterloo, Iowa", be received, placed on file,
considered and passed for the third time. Ayes: Five. Abstain: Fox. Nays:
Lemke. Motion carried.
99640 - Moved by Budak, seconded by Dell
that "an Ordinance renumbering Subsection (8) of Subsection (a) Defective Sidewalk
of Section 33-71, Definitions, of Division 3, Sidewalk Inspection and Repair, of
Chapter 33, Streets and Sidewalks, of the 1988 Code of Ordinances of the City of
Waterloo, Iowa, as Subsection (9) thereof; and adding new Subsection (8) to
Subsection (a) Defective Sidewalk of Section 33-71, Definitions, of Division 3,
Sidewalk Inspection and Repair, of Chapter 33, Streets and Sidewalks, of the 1988
Code of Ordinances of the City of Waterloo, Iowa", be adopted. Ayes: Five.
Abstain: Fox. Nays: Lemke.
Ordinance adopted and upon approval by Mayor assigned No. 3875.
99641 - Clerk/Auditor Larry P. Burger stated that the definition of a recycling yard had
been expanded to include glass and tires per the request of Councilperson Lemke at
the June 22, 1992 meeting (see CR 99569).
Moved by Angel, seconded by Dell
that "an Ordinance repealing Chapter 21, Article II, Junk Dealers, and Article III,
Junked Vehicles, of the 1988 Code of Ordinances of the City of Waterloo, Iowa, and
enacting in lieu thereof a new Chapter 21, Recycling Yard", be received, placed on
file, considered and passed for the second time. Ayes: Seven. Motion carried.
99642 - Moved by Dell, seconded by Wright
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Seven. Motion carried.
99643 - Moved by Wright, 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: Seven. Motion
carried.
99644 - Moved by Buck, seconded by Wright
that "an Ordinance repealing Chapter 21, Article II, Junk Dealers, and Article III,
Junked Vehicles, of the 1988 Code of Ordinances of the City of Waterloo, Iowa, and
enacting in lieu thereof a new Chapter 21, Recycling Yard", be adopted. Ayes:
Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3876.
99645 - Moved by Budak, seconded by Dell
that "an Ordinance prohibiting parking on the east side of Euclid Avenue between
Summit Street and Lulu Avenue", be received, placed on file, considered and passed
for the first time. Ayes: Seven. Motion carried.
99646 - Moved by Angel, seconded by Budak
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Seven. Motion carried.
July 6, 1992
Page 10
Ordinances to be Adopted - continued
99647 - Moved by Buck, 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: Seven.
Motion carried.
99648 - Moved by Dell, seconded by Budak
that "an Ordinance prohibiting parking on the east side of Euclid Avenue between
Summit Avenue and Lulu Avenue", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3877.
BILLS PAYMENT
99649 - Moved by Angel, seconded by Wright
that "Resolution approving Schedule A918, pp. 1-77, dated July 6, 1992, in the
amount of $1,188,438.931 copies of which are on file in the Clerk/Auditor's
office", be adopted. Ayes: Five. Abstain: Buck, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1992-390.
NEW BUSINESS
99650 - Moved by Buck, seconded by Wright
that communication from City Engineer transmitting Completion Report and
Recommendation of Acceptance of Work performed by Knish Construction Company in
conjunction with F.Y. 1992 Sidewalk Repair Assessment Program - Zone 3, Contract
No. 411, be received, placed on file and "Resolution approving said document", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-391.
99651 - Moved by Buck, seconded by Wright
that communication from City Engineer transmitting Maintenance Bond from Knish
Construction Company in conjunction with F.Y. 1992 Sidewalk Repair Assessment
Program - Zone 3, Contract No. 411, be received and placed on file. Motion
carried.
99652 - Moved by Buck, seconded by Wright
that "Resolution ordering preparation of final plat and schedule of assessments for
the F.Y. 1992 Sidewalk Repair Assessment Program - Zone 3, Contract No. 41111, be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-392.
99653 - Moved by Buck, seconded by Wright
that "Resolution ordering and levying final schedule of assessments and providing
for the payment thereof for the F.Y. 1992 Sidewalk Repair Assessment Program- Zone
3, Contract No. 41111, be adopted and Clerk/Auditor authorized to certify said
assessments with the Black Hawk County Treasurer. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-393.
99654 - Moved by Buck, seconded by Wright
that "Resolution, authorizing abandonment of certain assessments in conjunction with
F.Y. 1992 Sidewalk Repair Assessment Program - Zone 3, Contract No. 41111, be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1992-394.
July 6, 1992 Page 11
New Business - continued
99655 - Moved by Buck, seconded by Wright
that communication from Planning and Development Director transmitting request for
authorization to prepare a plan for a Tax Increment Financing (TIF) District for
an area adjacent to the Waterloo Airport, be received, placed on file and
"Resolution authorizing the Planning, Programming and Zoning staff to prepare said
plan", be adopted. Ayes: Seven. .
Resolution adopted and upon approval by Mayor assigned No. 1992-395.
Travel Requests
99656 - Moved by Budak, seconded by Angel
that the following travel requests, with expenses not to exceed amount shown, be
received, placed on file and approved:
Chief Koehrsen noted that 3/4 of the cost of sending personnel to the Iowa
D.A.R.E. Annual Conference and Training Session was being paid for federal
funds.
1. Eric Gunderson, John Daws, Cheryl Rathe, Tim Pillack, Jeff Duggan and Cliff
Caughron, Police Personnel, to attend Iowa D.A.R.E. Annual Conference and
Training Session in Fort Madison, Iowa, on July 26-28, 1992, with costs not to
exceed a total of $1,252.00, including the use of city vehicle.
2. Eric Thorson, City Engineer, to attend 19th Annual Asphalt Paving Association
of Iowa Mid -Year Meeting in Dubuque, Iowa, on July 27-28, 1992, with costs not
to exceed $150.00, including the use of city vehicle.
3. Steven Bagenstos, Police Identification Officer, to attend Latent Print
Processing School in Des Moines, Iowa, on September 14-18, 1992, with costs not
to exceed $104.00, including the use of city vehicle.
4. Frank Magsamen, Assistant Fire Chief, to attend 1992 Burn Building Design and
Construction Symposium in Hunt Valley, Maryland, on July 28-30, 1992, with
costs not to exceed $1,500.00.
5. John Powers, Fire Lieutenant, to attend Haz Mat Operator Site Practices Course
at the National Fire Academy in Emmitsburg, Maryland, on August 10-21, 1992,
with costs not to exceed $165.00.
Motion carried.
MISCELLANEOUS
99657 - Moved by Budak, 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, and application for massage technician permit be
received, placed on file and approved:
1. Beer License Permit Application
Class B
Mama Nick's Circle Pizzeria, 1934 Washington (Renewal) (Expires 7/5/93)
(Includes Sunday Sales)
2. Beer License Permit Application
Class C
Kwik Trip, 352 Fletcher (Renewal) (Expires 7/22/93) (Includes Sunday Sales)
Kwik Trip, 1105 Cedar Bend Drive (Renewal) (Expires 7/22/93) (Includes Sunday
Sales)
Kwik TYip, 1309 Lafayette (Renewal) (Expires 7/22/93) (Includes Sunday Sales)
Kwik Trip, 510 Conger Avenue (Renewal) (Expires 7/22/93) (Includes Sunday
Siales)
3. Beer/Liquor License Permit Application
Class C
Vic's Lounge, 1106 LaPorte Road (Renewal) (Expires 7/1-;j93) (Includes Sunday
Sales)
July 6, 1992
Miscellaneous - continued
Page 12
4. Beer/Wine License Permit Application
Class E
Osco Drug, 3727 University Avenue (Renewal) (Expires 7/24/93) (Includes Sunday
Sales)
Osco Drug, 2060 Crossroads Boulevard (Renewal) (Expires 7/24/93) (Includes
Sunday Sales)
Application for Massage Technician Permit
Anne L. Davis, 532 Reed Street
Motion carried.
BONDS
99658 - Moved by Angel, seconded by Buck
that the report of the City Attorney and list of bonds filed with the Clerk/Auditor
through July 6, 1992, be received, placed on file and report and bonds be approved.
Motion carried.
ORAL PRESENTATIONS
99659 - Randy Miller, 123 South Street, stated that as a part of the City's sidewalk repair
program, he had repaired sidewalk sections in front of his residence at said
location. With the reconstruction of South Street between Mullan Avenue and West
Third Street, he has had raw sewage in his basement causing $800 damage and his
water service line was replaced tearing up the tree roots of a large tree in the
right of way in front of his home. With this work, the contractor also broke
several sidewalk sections that were recently reconstructed as a part of the
sidewalk program. Since the tree has probably been damaged and is in a location
that makes it difficult to negotiate out of his driveway, he asked that the City
consider removing the tree. He contacted the Park Department who surveyed the
situation and determined that the tree should not be moved. He questioned why the
City would not remove the tree. Rick Tagtow, Director of Parks and Forestry, noted
that it is the Forestry Department's policy not to remove trees in City right of
way unless they are dead or structurally unsound. Although he was unaware of this
particular situation, Park Department staff can and do determine whether trees have
been disturbed by nearby public improvements. Mr. Tagtow will provide a report to
the Council at a later date concerning the details of this situation. Don Temeyer,
Planning and Development Director, noted that the contractor who inadvertently
broke the sidewalk sections was required to replace them at his own expense.
Councilperson Angel advised staff of the weeds in the median area on University'
Avenue from Greenhill Road to the west city limits. Don Temeyer, Planning and
Development Director, noted that the State of Iowa is reconstructing this part of
U.S. Highway 218 and the responsible party is being determined. City staff will
see that the weed problem is addressed. In response to a question from
Councilperson Angel, Don Temeyer, Planning and Development Director, noted that the
grass medians are being constructed instead of concrete medians for aesthetic and
maintenance reasons.
L. C. Hennessey, 558 Montrose Drive, referred an to article in the Des Moines
Register concerning the profitability of gas produced at the Des Moines landfill.
John Meyer, Public Works Director, noted that the use of gas at the Black Hawk
County Landfill has been reviewed but very little gas is produced. Mr. Meyer will
review the newspaper article.
Gloria Little, 822 Baltimore Street, reported her opposition to the development of
a Tax Increment Financing District near the Waterloo Airport (see CR 99655 above).
She stated that the Council should consider the need for additional operational
money in the City budget.
J. R. Green, 422 Cherry Street, questioned a recent charge at the city landfill.
He stated that it was exorbitantly high for disposal of yard waste. He was asked
to contact Gary Wilcox, Administrator of the Black Hawk County Landfill Commission,
to determine if correct charges were made.
July 6, 1992
Oral Presentations - continued
Page 13
Officer Richard Knief, Waterloo Police Department, questioned whether the City of
Waterloo had spent any of the remaining pension monies that were not transferred
to the State of Iowa. Larry P. Burger, City Clerk/Auditor, noted that of the
remaining money, $750,000 was used in the current year budget to reduce the levy
needed for police and fire pension. The State of Iowa has requested an additional
$2.5 million of said pension fund reserve. The State is also requesting interest
of $49,000 back to January 1, 1992. After these payments have been made, there
will be very little if any money left in the pension fund. No other money has been
paid from the fund.
Moved by Buck, seconded by Budak
that the above oral comments be received and placed on file. Motion carried.
99660 - Assistant City Attorney Sang -Ki Han stated that litigation is an approved top of
Executive Session as authorized by Iowa Code, Chapter 20.16.
Moved by Buck, seconded by Angel
that the Council adjourn to Executive Session. Ayes: Seven. Motion carried.
E X E C U T I V E S E S S I O N
99661 - Moved by Buck, seconded by Angel
that the Council adjourn the Executive Session. Ayes: Seven. Motion carried.
99662 - Moved by Buck, seconded by Angel
that City staff continue negotiations to avoid litigation between the City of
Waterloo and the Police Protective Association. Ayes: Seven. Motion carried.
99663 - Moved by Angel, seconded by Lemke
that the Council adjourn at 8:51 p.m. Motion carried.
Larry P. Burger
City Clerk/Auditor