HomeMy WebLinkAbout06/05/1989June 5, 1989
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 June 5, 1989. Mayor Bernard L. McKinley in
the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Brown. Absent: Budak.
Invocation by: Councilperson Sammie Dell
Pledge of Allegiance: Troop 291
93970 - Moved by Buck, seconded by Brown
that the Agenda, as proposed, for the Regular Session on June 5, 1989, at 7:00
p.m. and the Minutes of the Regular Session on May 22, 1989 at 7:00 p.m. and
the Special Session on May 26, 1989 at 10:30 a.m., be accepted and approved.
Motion carried.
HEARINGS
93971 - Moved by Dell, seconded by Buck
that proof of publication of notice of public hearing on F.Y. 1990 Oiling
Program, Contract No. 361, as published in the Waterloo Courier on May 18 and
May 25, 1989, be received and placed on file. Motion carried.
93972 - HOLD HEARING --This being the time and place for public hearing, the Mayor
called for written and oral objections.
Councilperson Wright stated that the residents along Shirley Street had
contacted her asking that the oiling program along Shirley be deleted from the
program.
John Cooney, 111 Lowder Road, stated that the residents along the street
should not have to pay for this re -oiling project. In 1983, sanitary sewer
was put in along Lowder Road. After the completion of this work, he stated
that the road was not adequately repaired. He also stated that several years
ago the Waterloo Water Works had installed a water main along Lowder Road and
left the road in bad shape. He stated that in both cases, not enough oil and
binder were used. Again he stated that residents should not have to pay for
the damage done by City and Water Works crews.
Reed Craft, Manager of the Waterloo Water Works, stated that in 1987 when
the water main was installed along Lowder Road, the roadway was put back the
way it was found.
Robert Zickuhr, 127 Lowder Road, stated that the road had not been properly
repaired after installation of the water main.
Michael Cagley, 183 Lowder Road, stated that his $800 assessment was
excessive.
Dan Schmitz, 170 Lowder Road, suggested that work along the roadway be delayed
until August, at which time the Iowa Department of Transportation will have
completed their drainage work along U.S. Highway 63.
Several property owners agreed that perhaps there could be some type of cost
sharing between the City and the residents of the oiling of this roadway.
George Monter, 1200 West Parker Street, stated that St. John Avenue had been
oiled by City crews prior to the assessment hearing. Eric Thorson, City
Engineer, stated that this work was inadvertently started before the
assessment hearing.
George Showers, 1124 West Parker Street, asked whether or not he would have
three votes in the assessment hearing as he owned three properties along St.
John Avenue. Curt Van Deest, Senior Draftsman, stated that each property
owner has representation equal to the percentage of front footage along the
project area.
June 5, 1989 Page 2
Hearings - continued
Discussion was heard concerning the proposed assessments. City staff stated
that when property owners inquire about the cost of oiling, they are told the
cost could run from 20 cents per square foot to 40 cents per square foot.
Council Members stated that perhaps a closer estimate of the true cost should
be given to property owners before they begin their petition drive. Mark
Krug, 511 Adrian, voiced his opposition to the oiling of Adrian Street.
Councilperson Dell asked for clarification on the assessment procedure.
Moved by Brown, seconded by Buck
that the above comments be received, placed on file, together with the
petitions in opposition and that action on 100-200 St. John Avenue from West
Parker Street to North 400', 100 Lowder Road from Logan Avenue to East of Dead
End, 400 Shirley Street from Idaho Street to Clearview Street, 500 Shirley
Street from Clearview Street to City View Street, 600 Shirley Street from City
View Street to Plain View Street and 700 Shirley Street from Plain View Street
to Spring View Street be tabled. Motion carried.
93973 - Moved by Buck, seconded by Angel
that "Resolution adopting Resolution of Necessity, as amended, for the F.Y.
1990 Oiling Program, Contract No. 361", be adopted. Ayes: Six. Absent:
Budak.
Resolution adopted and upon approval by Mayor assigned No. 1989-256.
93974 - Moved by Buck, seconded by Angel
that "Resolution ordering work for the F.Y. 1990 Oiling Program, Contract No.
361", be adopted. Ayes: Six. Absent: Budak.
Resolution adopted and upon approval by Mayor assigned No. 1989-257.
93975 - Moved by Buck, seconded by Angel
that proof of publication of notice of public hearing on F.Y. 1989 Linbud Lane
Paving Program, Contract No. 358, as published in the Waterloo Courier on May
18 and May 25, 1989, be received and placed on file. Motion carried.
93976 - HOLD HEARING --This being the time and place of hearing, the Mayor called for
written and oral objections.
Wallace Butler, representing Orlis Smith an adjacent property owner, stated
that a letter of objection had been filed with the Mayor and City Council and
asked that it also be placed on file with the Clerk. Mr. Butler stated that
the City and his client had reached an agreement concerning the assessment
that would be levied against Mr. Smith. Since that time, the preliminary
assessments were sent to adjacent property owners. The proposed assessment of
$67,000 against Mr. Smith's property is considerably higher than his
understanding of the agreement. He stated his disagreement with this
assessment and asked that the Council reconsider this issue.
Hugh Field, City Attorney, stated that the
preliminary estimates and the appraisal cost.
Committee tapes of the meeting of July 5, 1988
Councilperson Brown asked that the details
worked out and brought back to the Council.
Tim Troyer, 1018 Linbud Lane, stated that the
to the increase of traffic of the commercial
road.
City's proposal was based on
A section of the Public Works
was played.
of this item be discussed and
street is in need of paving due
area lying northeasterly of the
Tom Martin, 1118 Linbud Lane, also supported the paving of the street.
Moved by Dell, seconded by Brown
that action on this item be tabled until such time as Mr.
staff could further discuss the situation. Motion carried.
Butler and City
June 5, 1989
PETITIONS FROM PUBLIC
93977 - Moved by Brown, seconded by Dell
Page 3
that communication from Planning and Development Director transmitting request
of J. E. Millett Company, 400 Ansborough Avenue, for a waiver of the building
moratorium on Relocated Highway 218 Corridor to construct improvements to
existing facility located on the west side of Ansborough Avenue and south side
of Maynard Street, be received, placed on file and "Resolution setting date of
hearing as June 12, 1989 at 7:00 p.m. in the City Hall Council Chambers on the
above described request", be adopted and Deputy Clerk/Auditor instructed to
publish notice of same. Ayes: Six. Absent: Budak.
Resolution adopted and upon approval by Mayor assigned No. 1989-258.
93978 - Moved by Brown, seconded by Dell
that communication from City Planner transmitting request of Larry C. Wolff to
rezone from "R-3" Multiple Family Residence District to "C-2" Commercial
District/"C-Z" Conditional Zoning property generally located along the east
side of Ansborough Avenue on the southeast corner of Ansborough and Downing
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 June 26, 1989 at 7:00 p.m. in the City Hall Council
Chambers on the above described request", be adopted and Deputy Clerk/Auditor
instructed to publish notice of same. Ayes: Six. Absent: Budak.
Resolution adopted and upon approval by Mayor assigned No. 1989-259.
93979 - Moved by Brown, seconded by Dell
that communication from Clerk/Auditor transmitting request of Helen Boyle, 302
Locust Street, for suspension of property taxes be received, placed on file
and "Resolution approving said request", be adopted and Deputy Clerk/Auditor
instructed to transmit copy of said resolution to the Black Hawk County Board
of Supervisors. Ayes: Six. Absent: Budak.
Resolution adopted and upon approval by Mayor assigned No. 1989-260.
REPORTS
93980 - Moved by Angel, seconded by Wright
that the State Appeal Board report on the Budget Appeal of City of Waterloo FY
1990 Budget be received and placed on file. Motion carried.
DOCUMENTS
93981 - Moved by Dell, seconded by Angel
that communication from Assistant City Engineer transmitting Change Order No.
1 for a net increase of $2,410.00 for work to be performed by Cedar Valley
Corporation in conjunction with F.Y. 1989 Street Reconstruction Program,
Contract No. 357, be received, placed on file and approved and Mayor and
Deputy Clerk/Auditor authorized to execute same. Motion carried.
RESOLUTIONS TO BE ADOPTED
93982 - Moved by Fox, seconded by Dell
that "Resolution approving changing the Waterloo City Council meeting from
Monday, July 10, 1989 to Tuesday, July 11, 1989", be adopted. Ayes: Six.
Absent: Budak.
Resolution adopted and upon approval by Mayor assigned No. 1989-261.
June 5, 1989 Page 4
93983 - Moved by Fox, seconded by Dell
that "Resolution setting date of hearing as June 12, 1989 at 7:00 p.m. on
request to vacate, sell and convey city right-of-way located at 2332 Falls
Avenue to Tom Mclntee in conjunction with Ansborough Avenue Reconstruction",
be adopted and Deputy Clerk/Auditor instructed to publish notice of same.
Ayes: Six. Absent: Budak.
Resolution adopted and upon approval by Mayor assigned No. 1989-262.
ORDINANCES TO BE ADOPTED
93984 - Moved by Brown, seconded by Dell
that "an ordinance vacating a portion of LaPorte Road right-of-way south of
San Marnan Drive (Peoples Bank & Trust) be received, placed on file,
considered and passed for the second time. Ayes: Six. Absent: Budak.
Motion carried.
93985 - Moved by Buck, seconded by Fox
that rules requiring ordinances to be considered and voted for passage at two
prior meetings, be suspended. Ayes: Six. Absent: Budak. Motion carried.
93986 - Moved by Fox, seconded by Dell
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:
Budak. Motion carried.
93987 - Moved by Buck, seconded by Fox
that "an Ordinance vacating a portion of LaPorte Road right-of-way south of
San Marnan Drive (Peoples Bank & Trust)", be adopted. Ayes: Six. Absent:
Budak.
Ordinance adopted and upon approval by Mayor assigned No. 3648.
93988 - Moved by Brown, seconded by Buck
that "Resolution authorizing sale and conveyance of a portion of LaPorte Road
right-of-way south of San Marnan Drive to Peoples Bank & Trust Company for
$13,739.40, plus costs", be adopted and City Attorney instructed to prepare
and deliver a deed accordingly. Ayes: Six. Absent: Budak.
Resolution adopted and upon approval by Mayor assigned No. 1989-263.
93989 - Moved by Angel, seconded by Wright
that "an ordinance amending the 1988 Code of ordinances of the City of
Waterloo, Iowa: by repealing Sections 33-52, 33-53, 33-60, 33-62, 33-63,
33-64, 33-65, 33-66, 33-67, 33-68, of Article IV, Sidewalks, of Chapter 33,
Streets and Sidewalks; and by enacting in lieu thereof new Sections 33-52,
33-53, 33-54, 33-60, 33-62, 33-66, 33-67, 33-68, of Article IV, Sidewalks, of
Chapter 33, Streets and Sidewalks; and by adding Division 3, Sidewalk
Inspection and Repair, to Chapter 33, Streets and Sidewalks; and by repealing
the title "Division 3. Bus Stop Benches"; and enacting in lieu thereof a new
title "Division 4. Bus Stop Benches"; and by repealing Subsection (b) of
Section 33-80, Period of Amortization for Public Improvements, of Article V,
Excavations, of Chapter 33, Streets and Sidewalks, and by enacting in lieu
thereof a new Subsection (b) of Section 33-80, Period of Amortization for
Public Improvements, of Article V, Excavations, of Chapter 33, Streets and
Sidewalks (Sidewalk Inspection and Repair)", be received, placed on file,
considered and passed for the first time. Ayes: Six. Absent: Budak.
Motion carried.
93990 - Moved by Wright, seconded by Brown
that rules requiring ordinances to be considered and voted for passage at two
prior meetings, be suspended. Ayes: Six. Absent: Budak. Motion carried.
June 5, 1989 Page 5
93991 - Moved by Fox, 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:
Six. Absent: Budak. Motion carried.
93992 - Moved by Dell, seconded by Buck
that "an ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa: by repealing Sections 33-52, 33-53, 33-60, 33-62, 33-63,
33-64, 33-65, 33-66, 33-67, 33-68, of Article IV, Sidewalks, of Chapter 33,
Streets and Sidewalks; and by enacting in lieu thereof new Sections 33-52,
33-53, 33-54, 33-60, 33-62, 33-66, 33-67, 33-68, of Article IV, Sidewalks, of
Chapter 33, Streets and Sidewalks; and by adding Division 3, Sidewalk
Inspection and Repair, to Chapter 33, Streets and Sidewalks; and by repealing
the title "Division 3. Bus Stop Benches"; and enacting in lieu thereof a new
title "Division 4. Bus Stop Benches"; and by repealing Subsection (b) of
Section 33-80, Period of Amortization for Public Improvements, of Article V,
Excavations, of Chapter 33, Streets and Sidewalks, and by enacting in lieu
thereof a new Subsection (b) of Section 33-80, Period of Amortization for
Public Improvements, of Article V, Excavations, of Chapter 33, Streets and
Sidewalks (Sidewalk Inspection and Repair)", be adopted. Ayes: Six. Absent:
Budak.
Ordinance adopted and upon approval by Mayor assigned No. 3649.
BILLS PAYMENT
93993 - Moved by Buck, seconded by Wright
that "Resolution approving Schedule A918, pp. 1-45, in the amount of
$747,781.86 and Schedule W900, pp. 1-10, in the amount of $20,215.20, copies
of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six.
Absent: Budak.
Resolution adopted and upon approval by Mayor assigned No. 1989-264.
NEW BUSINESS
93994 - Moved by Brown, seconded by Wright
that communication from Director of Parks and Forestry transmitting
recommendation of appointment of Brian Kiewiet to the position of Park
Maintenance I, effective June 6, 1989, be received, placed on file and
approved. Motion carried.
Travel Requests
93995 - Moved by Brown, seconded by Wright
that the following travel request, with expenses not to exceed amount shown,
be received, placed on file and approved:
1. Al Pryor, Lieutenant, and Greg Maifield, Systems Manager, to attend
Managing for Excellence Seminar in Madison, Wisconsin on June 14-16,
1989, with costs not to exceed $1,012.20.
Motion carried.
MISCELLANEOUS
93996 - Moved by Brown, seconded by Wright
that the following beer and liquor licenses be received, placed on file and
approved and endorsed applications forwarded to the Iowa Beer and Liquor
Control Department and application for fireworks display and clarification of
boundaries for Class B beer permit for Mark Lemon Enterprises, Inc., be
received, placed on file and approved:
1. Beer & Liquor License Permit Application
Class C
Mandarin Cafe, 510 Mulberry (Renewal) (Expires 6/30/90) (Includes Sunday
Sales)
June 5, 1989 Page 6
Miscellaneous - continued
Southtown, 2026 Bopp Street (Renewal) (Expires 6/7/90) (Includes Sunday
Sales
Steamboat Gardens, 1740 Falls Avenue (Renewal) (Expires 6/14/90)
Application for Fireworks Display
Sunnyside Country Club, 1600 Olympic Drive, July 4, 1989
Clarification of Boundaries for Class B Beer Permit for Mark Lemon
Enterprises, Inc.
Motion carried.
BONDS
93997 - Moved by Angel, seconded by Wright
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through June 5, 1989, be received, placed on file and report and
bonds approved. Motion carried.
ORAL PRESENTATIONS
93998 - Councilperson Dell asked that the appropriate City staff clarify for him the
noise ordinance and its enforcement. Police Chief Roger Shook will provide
Mr. Dell with this information.
Vonnie Jackson, 1838 Howard Avenue, suggested that the City of Waterloo needs
a change in its government form. She stated that in her petition drive
seeking a referendum in the change of government within the City, various
questions have arisen from petitioners. Some of the questions concern whether
or not the City anticipates a sewer and garbage rate increase. John Meyer,
Public Works Director, stated that a preliminary report has been provided to
the Council of proposed plant improvements. A possible rate increase due to
these plant improvements may be necessary during the fiscal year. He also
stated that the Council has approved continuation of work on the inter -city
interceptor. Last year, an increase in the minimum sewer rate was approved
with the understanding that an additional $1 per month in the minimum rate be
implemented during this fiscal year as a continuation of this program. The
budget for the year beginning July 1, 1989 also projects a 50 cents per month
increase in garbage rates. This increase is for additional expenses
associated with the disposal of garbage. Ms. Jackson also asked whether or
not there is sufficient sewer lines to the northeast part of Waterloo. John
Meyer stated that existing sewer is adequate for IBP, the Tannery and John
Deere. Depending on the type of industry that may locate in the area,
additional lines may be necessary. This will be reviewed at the time
additional industries locate in the area. In response to a question from Ms.
Jackson concerning the need for additional lift stations in the area, Mr.
Meyer stated that no additional lift stations are anticipated for either IBP
or the Tannery. She also spoke about the deplorable condition of the City
parks, particularly the park located at West llth Street and Ridgeway Avenue.
She stated that it has not been mowed. She also stated that our other park
and roadways look terrible and that the trees within the right-of-way have not
been trimmed. Mayor McKinley stated that the City has over 3,000 acres of
City parks and has experienced a significant reduction in the full-time work
force of the Park Department due to budgetary cutbacks. Rick Tagtow, Director
of Parks and Forestry, stated that during the past several years, over 25
personnel have been deleted from the budget while at the same time the
Department continues to increase its workload in terms of numbers of acres of
maintenance. He also stated that to his knowledge, all trees that are
blocking vision are immediately taken care of within a day or so. He also
stated that during the last week, considerable amount of overtime has been
spent catching up with the mowing in the parks. He anticipates that within
the next several weeks, they will have caught up.
Morris Cox, 140 Bertch Avenue, stated that a sign has been knocked down in
front of his residence and asked that it be replaced. City staff agreed to
look into the situation.
Shirley Koslowski, 816 Archer Avenue, complimented the Police Department on
the handling of a recent handicapped parking situation. She also stated that
the Council Agenda mould more clearly state the contents of the Agenda items.
This would be of g: assistance to the public. ''`
June 5, 1989 Page 7
Oral Presentations - continued
Mary Ann Pearce asked for an explanation on the item under "Petitions from
Public" on the suspension of property taxes. It was reported that the Iowa
Code allows for the suspension of property taxes, and that this delays the
payment of taxes but does not forgive payment. Persons who are unable to
contribute to the payment of same can request such a suspension from all
taxing authorities. This item will be referred to the Black Hawk County Board
of Supervisors for their concurrence.
Ernie Boykin, 530 Hope Avenue, thanked the City for cleanup efforts on the
East Side and the work that Rick Tagtow has done.
Leon Mosley, 99 John Street, summarized many problems that exist in the City,
including the drug problem, increase in sewer and garbage rates, the condition
of City streets, City staff are still receiving raises and the fact that there
is only one black City department head. Police Chief Shook stated that
additional people have been assigned to the narcotic units and that beginning
July 1, 1989, the Police Department has been allocated an additional $50,000
for drug prevention.
Councilperson Angel stated that she has not taken a raise since being on the
Council.
Moved by Buck, seconded by Dell
that the above comments be received, placed on file and that the Council
adjourn. Motion carried.
Michelle Temeyer
Deputy Clerk/Auditor