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HomeMy WebLinkAbout12/20/93December 20, 1993 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, December 20, 1993. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Lemke. Invocation by: Councilperson Willie Mae Wright Pledge of Allegiance: Edison School, Pack 29 --Aaron Hyde, Brett Morrow, Joshua Armstrong, Jordan Weaver, Andy; Barlow 102307 - Moved by Buck, seconded by Wright that the Agenda, as amended, for the Regular Session on Monday, December 20, 1993, at 7:00 p.m., and the Minutes of the Regular Session on Monday, December 13, 1993, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. PETITIONS FROM PUBLIC 102308 - Moved by Fox, seconded by Buck that communication from City Planner transmitting site plan amendment request of Lockard Development, Inc. for a portion of the "C-2" Commercial District/"C-Z" Conditional Zoning property generally located on the southwest corner of Janney and Fletcher Avenues, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as January 10, 1994, at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-719. 102309 - Moved by Fox, seconded by Buck that communication from City Planner transmitting request of Petcor N.A. Corporation to renew "C -Z" Conditional Zoning of contractor's storage yard until December 31, 1996 for property containing approximately 6.5 acres generally located along the southerly side of U.S. Highway 20, north of K -Line Drive, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as January 10, 1994 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-720. REPORTS 102310 - James Walsh, City Attorney, reported he received by FAX today communication that the Attorney General's Office does not agree with the Consent Order in that they prefer to do their own review to determine if the fine is appropriate, and, therefore, they will not concur in the Consent Order being entered. Mr. Walsh recommended rescinding the prior resolution which instructed him to sign the proposed decree next Monday until and unless such time that the Attorney General's Office agrees to the whole package. Mayor -elect John Rooff stated he had spoken with Mr. Walsh today at length about this and agrees with Mr. Walsh's proposal that we should not take action on the Consent Order until we have something more definitive from the Attorney General. Mayor -elect John Rooff stated he would appreciate it if the Council would rescind the resolution and comply with what the City Attorney has requested. Moved by Buck, seconded by Lemke to rescind the prior resolution of December 6, 1993 (Resolution No. 1993-701) and instruct that the City Attorney not sign the proposed decree until such time as the Attorney General's Office concurs in the Department of Natural Resources' fine recommendation and instruct the Public Works Director to continue to develop plans on the parts that are not in controversy. Ayes: Seven. Motion carried. 102311 - Moved by Dell, seconded by Buck that communication from Police Chief transmitting award of grant by the U.S. Department of Justice, under the Police Hiring Supplement Program, for $975,000 and requesting authorization to proceed with the hiring process for nine (9) new officers, be received, placed on file and approved. Ayes: Seven. Motion carried. DOCUMENTS 102312 Moved by Fox, seconded by Budak that communication from City Planner transmitting a Professional Services Contract with Cedar Skyline Corporation (CSC) aka the Waterloo Redevelopment Authority (WRA) for technical and professional assistance for downtown development, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Acting Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-721. December 20, 1993 Page 2 Documents - continued 102313 - Moved by Fox, seconded by Budak that communication from Associate Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Aspro, Inc. and Subsidiaries in conjunction with F.Y. 1993 Asphalt Overlay Program, Contract No. 447, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-722. 102314 - Moved by Fox, seconded by Budak that communication from Associate Engineer transmitting Maintenance Bond from Aspro, Inc. and Subsidiaries in conjunction with F.Y. 1993 Asphalt Overlay Program, Contract No. 447, be received, placed on file and approved. Ayes: Seven. Motion carried. RESOLUTIONS TO BE ADOPTED 102315 - Moved by Fox, seconded by Budak that "Resolution setting new date of hearing as January 10, 1994 at 7:00 p.m. in the City Hall Council Chambers to correct an error in the legal description on sale and conveyance of property generally located along the rear of Prescotts Drive to Virgil Kohagen for $832.87", be adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-723. 102316 - Moved by Fox, seconded by Budak that "Resolution certifying to the County Auditor expenditures that qualify for reimbursement from the Tax Increment Fund (TIF) in conjunction with the Rath Tax Increment District", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-724. 102317 - Moved by Fox, seconded by Budak that "Resolution certifying to the County Auditor expenditures that qualify for reimbursement from the Tax Increment Fund (TIF) in conjunction with the Airport Tax Increment District", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-725. 102318 - Moved by Fox, seconded by Budak that "Resolution certifying to the County Auditor expenditures that qualify for reimbursement from the Tax Increment Fund (TIF) in conjunction with the Downtown Waterloo Tax Increment District", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-726. 102319 - Moved by Fox, seconded by Budak that "Resolution transferring from the Trust and Agency Fund the sum of $1,472,504.07 to the General Fund and the sum of $188,007.25 to the Road Use Tax Fund", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-727. 102320 Moved by Fox, seconded by Budak that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, approving signing of the Declaration of Trust for Public Housing Modernization Project No. IA05P05090593", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-728. 102321 - Moved by Fox, seconded by Budak that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, approving signing of the Declaration of Trust for Development Grant Project, No. IA05P050006", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-729. 102322 - Moved by Fox, seconded by Budak that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, approving Amendment No. 11 for Increase Development Grant Amendment to Consolidated Annual Contributions Contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-730. December 20, 1993 Resolutions to be Adopted - continued 102323 - Moved by Fox, seconded by Budak that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, releasing Section 8 Reserves in the amount of $12,500 Housing Voucher Program and $47,500 Certificate Program for new elevator and remodeling office space costs at the former East Side Library", be adopted. Ayes: Seven. Page 3 • Resolution adopted and upon approval by Mayor assigned No. 1993-731. ORDINANCES TO BE ADOPTED 102324 - Tangela Saffold presented an addition to the ordinance by Iowa Citizens for Community Improvements (ICCI) to Section 9.6-5 by adding of "or neighborhood residents" to the ordinance. Hugh Fields stated that including these words would weaken the ordinance and make it possible to actually not be able to evict someone if the leassee is only a clear and present danger to neighbors. He stated he drafted this section by using the exact words which are included in the Iowa Code. Barb Blow and Karen Atwood, representing the landlords, urged the Council to adopt the ordinance as presented and not include the phrase "or neighborhood residents" in Section 9.6-5. Moved by Dell, seconded by Wright to amend the ordinance to include "or neighborhood residents in Section 9.6-5. Ayes: Dell, Wright. Nays: Five. Motion not carried. 102325 - Moved by Buck, seconded by Angel that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by adding Chapter 9.6, Crime Property Prohibited", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 102326 - 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. 102327 - Moved by Buck, seconded by Fox 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. 102328 - Moved by Fox, seconded by Angel that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by adding Chapter 9.6, Crime Property Prohibited", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3997. 102329 - Moved by Buck, seconded by Budak that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection 6-4, Billiard Halls and Bowling Alleys: License Required; Annual Fees; Gambling Prohibited, of Chapter 6, Amusements; and enacting in lieu thereof a new Article IV, Billiard Halls, to Chapter 6, Amusements", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following motion was made. Moved by Lemke, seconded by Buck to amend Subsection 6-60 to read "No billiard hall, or other hall licensed hereunder shall be open for business or used, between the hours of 2:00 a.m. and 8:00 a.m. everyday, Monday through Sunday". Ayes: Seven. Motion carried. 102330 - Moved by Wright, seconded by Budak that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection 6-4, Billiard Halls and Bowling Alleys: License Required; Annual Fees; Gambling Prohibited, of Chapter 6, Amusements; and enacting in lieu thereof a new Article IV, Billiard Halls, to Chapter 6, Amusements, as amended above", be tabled for one week. Ayes: Seven. Motion approved. BILLS PAYMENT 102331 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-53, dated December 20, 1993, in the amount of $942,833.32, copies of which are on file in the Clerk/Auditor's office", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-732. December 20, 1993 Travel Request 102332 - Moved by Angel, seconded by Budak Page 4 that the following travel request, with expenses not to exceed amount shown, be received, placed on file, and approved: 1. William Youngblut and Jerry Strouse, Maintenance Electricians, to attend training of grounding of power and electronic circuits from the 1993 NE Code, NEPA-79 and IEEE in Des Moines, Iowa on January 7-8, 1994, with costs not to exceed $360.00 each including the use of city vehicle. Ayes: Seven. Motion carried. MISCELLANEOUS 102333 - Moved by Angel, seconded by Budak 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 going out of business application be received, placed on file and approved: 1. Beer License Permit Application Class C Kum & Go, 2900 Falls Avenue (Renewal) (Expires 2/26/95) (Includes Sunday Sales) Big 10 Mart, 127 Jefferson (Renewal) (Expires 1/13/95) (Includes Sunday Sales) 2. Beer/Liquor License Permit Application Class B Rodeway Inn, 300 West Mullan Avenue (Renewal) (Expires 1/1/95) (Includes Sunday Sales) 3. Beer/Wine License Permit Application Class E Food 4 Less, 3731 University Avenue (Renewal) (Expires 1/11/95) (Includes Sunday Sales) Going Out Business Application Jane's Flowers and Gifts, 521 Lafayette Street --December 20, 1993 - February 15, 1994 Ayes: Seven. Motion carried. BONDS 102334 - Moved by Angel, seconded by Fox that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through December 20, 1993, be received, placed on file and report and bonds approved. Ayes: Seven. Motion carried. OLD BUSINESS - Tabled from December 6, 1993 102335 - Moved by Dell, seconded by Fox that Items No. 23 through 29 tabled from the December 6, 1993 be reconsidered. Ayes: Seven. Motion carried. 102336 - Councilperson Fox stated that in an effort to end the fighting and dissension, and to preserve what he believes has been good work accomplished by the Council these past several years, and finally in an effort to mend and put back in order friendship with good, honest people, he has met with Mayor -elect John Rooff and Mayor Al Manning. With their mutual consent, he proposed the following compromise to this unfortunate spectacle the past few weeks, and that we confirm the Mayor's appointments on tonight's agenda with no more appointments to come before this body. Moved by Fox, seconded by Budak to cease the discussion and vote on the main motion. Ayes: Seven. Motion carried. 102337 - Moved by Fox, seconded by Budak that reappointment of Ronald Erne to the Board of Adjustment, with term expiration date of December 8, 1998, be received, placed on file and approved. Ayes: Seven. Motion carried. 102338 - Moved by Fox, seconded by Budak that reappointment of Rabbi Sol Serber to Operation Threshold Board, with term expiration date of December 31, 1994, be received, placed on file and approved. Ayes: Seven. Motion carried. 102339 - Moved by Fox, seconded by Budak that reappointment of Timothy Ament, Charles Reed and Russell Burt to the Cablevision Commission, with term expiration date of December 1, 1996,'be received, placed on file and approved. Oyes: Seven. Motion carried. December 20, 1993 Old Business - continued Page 5 102340 - Moved by Fox, seconded by Budak that reappointment of Peg Moses (VanArsdale) and Jim Glaza to the Human Rights Commission, with term expiration date of January 1, 1997, be received, placed on file and approved. Ayes: Seven. Motion carried. 102341 -•Moved by Fox, seconded by Budak that reappointment of Mary Ann Burk and Clatterie "Clyde" Thomas to the Recreation and Arts Commission, with term expiration date of October 1, 1996, be received, placed on file and approved. Ayes: Seven. Motion carried. 102342 - Moved by Fox, seconded by Budak that appointment of William H. Kammeyer to the Recreation and Arts Commission, with term expiration date of October 1, 1995, be received, placed on file and approved. Ayes: Seven. Motion carried. 102343 - Moved by Fox, seconded by Budak that appointment of Jeannie Hoosman-Brown to the Human Rights Commission, with term expiration date of January 1, 1995, be received, placed on file and approved. Ayes: Seven. Motion carried. ORAL PRESENTATIONS 102344 - Councilperson Angel questioned the status of the No U -Turn sign that was put up at San Marnan Drive and Texas Street. She said she received a letter today stating it was taken down because a business located in the area complained people were turning around in their driveway. She contends that it is a safety factor and should be replaced. Bob Stevenson, City Planner, stated he would pass the information to Public Works Director John Meyer to investigate the safety factor by not having the sign up. Mr. Stevenson informed the Council this intersection is warranted for a traffic signal, and they are working with the State to come up with the necessary funding. Pierre Denault, 205 Lovejoy Avenue, wants to be on record that he has been in Waterloo for one year now, that the elected officials have a hard job, often not pleasant and take a lot of abuse from various people. He stated as a citizen he wanted to thank the Mayor and Council for having served, although he may not have always agreed with the decisions they made. He wished them Merry Christmas and a Happy New Year in French. Ms. Farrington, 215 Sumner Street, complained about the manner in which the Police Department handled the arrest of her 17 year old son and boyfriend on December 6, 1993 at 310 Cottage Street. Racial slurs were made as well as her son being kicked and slammed to the pavement. Police Chief Koehrsen responded it was inappropriate to comment on something that is in the criminal justice system and will be decided in a court of law and not by the Council. If a formal complaint has been filed in this matter, she will receive a formal reply. Moved by Buck, seconded by Wright that the above oral comments be received, placed on file and the Council adjourn at 8:36 p.m. Ayes: Seven. Motion carried. Tom Campbell Acting Clerk/Auditor