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HomeMy WebLinkAbout03/27/1989March 27, 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 March 27, 1989. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Wright, Budak, Brown. Absent: Buck. Invocation by: Councilperson Sammie Dell Pledge of Allegiance: Troop 394--Kristy Bowes, Jennie Etringer, Becky Hellman, Janie Holzapfel, Christine Hoover, Jennifer Jackson, Stephanie Knipp, Joni Kramer, Annalisa Lekar, Katie McMullen, Nicole Prochaska, Sheri Sigler, Kristin Simon, Jennifer Steffen, Carrie Thompson, Julie Wach, Sara Wildeboer. 93615 - Moved by Wright, seconded by Angel that the Agenda, as amended, for the Regular Session on March 27, 1989 at 7:00 p.m. and the Minutes of the Regular Session on March 20, 1989 at 7:00 p.m. be accepted and approved. Motion carried. Mayor Bernie McKinley presented Molly Goodenbour a Certificate of Recognition. Ms. Goodenbour has been named to the Parade All-American basketball team, the All -Metro girls' basketball team and is the recipient of the Amateur Athletic Union/MILKY WAY Bar High School All-American Award, and Gatorade's Iowa player of the year. UNFINISHED BUSINESS 93616 - Moved by Fox, seconded by Budak that "Resolution approving the preparation and submission of a statement of Community Development objectives and projected use of funds to the Department of Housing and Urban Development for federal assistance under Title I of the Housing and Community Development Act of 1974, as amended (15th Year Community Development Block Grant)", be adopted. Prior to a vote, Councilperson Dell stated that in the past the City and the Community Development Board seemed to have a communication break down and felt that this would definitely be changed in the future. Dell stated that he had some concerns about the proposed Block Grant Funding last week but can now see the advantages to the funding. Dell continued that the Riverview problem is not a problem that will be resolved with Block Grant Funds but is a major problem that the City has to address in the future. Councilperson Wright stated that the $75,000 will enhance the area around Walnut Court Apartments, and she now supports the $75,000 issue for the Walnut Court Apartments because it will help serve the people of the Fourth Ward. Councilperson Angel stated that housing rehabilitation is a top priority of the Community Development Board. She continued that the problems at Riverview are a major issue that the City will have to investigate. Councilperson Brown stated that he had some concerns about the people who will be served by the new owners of the Walnut Court Apartments and would like to address these concerns to Bill Applegate. Bill Applegate, Administrator of Western Home in Cedar Falls, stated that one of the requirements of the remodeling project is $100,000 of outside funding. Applegate continued that if the $75,000 is not issued by the Community Development Block Grant Funds, the project would not end but would have to be modified. Applegate stated that without the subsidy a projection of 87 percent of the population of Black Hawk County residents over the age of 60 could be served, but with the subsidy he estimates 93 percent of the population of Black Hawk County over over the age of 60 could be served. Applegate stated that the Marian Franciscan organization is a non-profit organization and without the subsidy, the rent could increase from $100 to $150 per month. Services included in the proposed remodeling are a dinning room with meals, transportation, emergency nursing, pastoral accommodations and activities for the residents. Applegate stated that without the subsidy the rent could be between $500 and $800 per month. March 27, 1989 Page 2 Unfinished Business - continued Councilperson Dell questioned if the organization made a profit where would the profits be placed. Applegate stated that in their projections, it would be late in the third year of operation before a break even point was realized. Applegate continued that if a profit is made, they would either put it back into the organization for projects such as this or back into the building itself. Gene Wister, 558 Indiana Street, stated that to earn a profit with a new business in three years is not bad. Wister objected to the $75,000 offered to the Marian Franciscan organization for the Walnut Court Apartments. A resident from 733 Vinton objected to the funding and also objected to the public hearing process in which the Community Development Board issued the ruling. Mayor McKinley stated that the process had gone through extensive review through the Community Development Board and has gone through a public hearing at the Board level. He stated that any further delays may delay the entire amount of the Block Grant Funding for the community. Mayor McKinley continued that the main consideration and direction of the Community Development Board is housing rehabilitation. Gene Wister stated that the City and the Community Development Board are concerned with the deadline and that no one has listened to the concerns. John Kneeland, President of the Community Development Board, explained that the Community Development Board has listened, and that the Board has on several occasions met in open meetings to accommodate everyone concerned regarding this issue. Kneeland continued that the CCI has yelled for two years for demolition and rehabilitation of housing and now the Community Development Board is responding to those concerns. Kneeland stated that the Walnut Court Apartments were given priority because the Board felt that to rehabilitate the Walnut Court Apartments for $75,000 was a bargain, and the Walnut Court Apartments project falls right in line with housing rehabilitation. Mel Smelser, 2235 Temple, stated that he is not happy with the community; that the community is rundown and he is very upset. Smelser continued that the deadline for submission of the project to HUD is May 15, and that the deadline could be met if we went back to a hearing. Roger Scroggins, 125 Milwaukee, stated that he had started his business from his own pocket and required no help from anyone else. He asked that the Council watch the operation at Walnut Court to make sure that everyone operates properly. He continued that in his opinion the Council did not care about what the people had to say and that the City had lost a lot of credibility. Mayor McKinley responded that he knows that he puts in twelve hours a day into the Mayor's job, and he is concerned about this community. He stated that he spent last Saturday driving around looking at the various problems and problem areas of the community. He continued that he took issue with the term that the Mayor and Council does not care. Councilperson Angel responded that she does care about this community, and that she, too, takes time to listen to all concerns before making a decision. Gale Quirk questioned how the services at Walnut Court would change. She stated that right now they have excellent service at Walnut Court. Mayor McKinley responded that the present service will not stay the same. There has been a change of ownership due to the death of the previous owner, and that the Walnut Court Apartments will be sold no matter what. Mayor McKinley stated that the Community Development Board feels this is an opportunity to rejuvenate the Walnut Court Apartments. Mary Ann Pierce questioned whether the facility would be taxable property or non-taxable property under the new proposal. March 27, 1989 Unfinished Business - continued Page 3 Mayor McKinley responded that most likely it would be non-taxable property. Joan McCoy, 3834 Quail Place, stated that there is a definite need to tear down the walls of communication between the City and the people. She felt this was a communication problem, and there is no need to have this problem in the City. Mayor McKinley stated that the problem in Riverview is being taken care of presently. He continued that the City of Waterloo is not doing a study on the Riverview project; that the crews are out there trying to eliminate the water problems that now exist. Bill Deeds, 2109 Regal Avenue, stated that he has had problems in the past with his property in Riverview and felt that the City was not doing enough. With no further comments, a vote was taken with the following results: Ayes: Five. Nays: Brown. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-129. DOCUMENTS 93617 - Moved by Fox, seconded by Dell that communication from Superintendent of Traffic Operations transmitting 28E Agreement with the Metropolitan Transit Authority in conjunction with installation of bus stop signs, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-130. RESOLUTIONS TO BE ADOPTED 93618 - Moved by Brown, seconded by Dell that "Resolution approving the issuance of $4,900,000 in Essential Corporate Purpose General Obligation Bonds in Fiscal Year 1990 for the City of Waterloo, Iowa", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-131. 93619 - Moved by Brown, seconded by Dell that "Resolution authorizing various fund transfers from Capital Improvement Projects", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-132. 93620 - Moved by Brown, seconded by Dell that communication from Transportation Program Manager transmitting request from Lockard Development, Inc. to purchase excess right-of-way for property generally located on the west side of Cleveland Street between University Avenue and Janney Avenue in conjunction with Cleveland Street, IX -6627(1)--79-07, together with recommendation of approval, be received, placed on file and "Resolution setting date of hearing as April 10, 1989 at 7:00 p.m. in City Hall Council Chambers on the above described request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-133. ORDINANCES TO BE ADOPTED 93621 - Moved by Fox, seconded by Angel that "an Ordinance vacating Ansborough Avenue north of Rainbow Drive", be received, placed on file, considered and passed for the third time. Ayes: Six. Absent: Buck. Motion carried. March 27, 1989 Page 4 Ordinances to be Adopted - continued 93622 - Moved by Angel, seconded by Fox that "an Ordinance vacating Ansborough Avenue north of Rainbow Drive", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3627. 93623 - Moved by Fox, seconded by Dell that "an Ordinance vacating the north 30 feet of East San Marnan Drive right-of-way adjoining Lot 3, Southbrooke Second Addition", be received, placed on file, considered and passed for the third time. Ayes: Six. Absent: Buck. Motion carried. 93624 - Moved by Dell, seconded by Fox that "an Ordinance vacating the north 30 feet of East San Marnan Drive right-of-way adjoining Lot 3, Southbrooke Second Addition", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3628. 93625 - Moved by Angel, seconded by Fox that "Resolution authorizing sale and conveyance of the north 30 feet of East San Marnan Drive right-of-way adjoining Lot 3, Southbrooke Second Addition to Tuve Investments, Inc. for $4,950.00, plus costs", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-134. 93626 - Moved by Dell, seconded by Budak that "an Ordinance amending the Electrical Ordinance, No. 2071, of the Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 306, Requirements Not Covered by Code, and enacting in lieu thereof a new Section 306, Requirements Not Covered by Code", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. 93627 - Moved by Fox, seconded by Brown that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Buck. Motion carried. 93628 - Moved by Angel, 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: Six. Absent: Buck. Motion carried. 93629 - Moved by Brown, seconded by Wright that "an Ordinance amending the Electrical Ordinance, No. 2071, of the Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 306, Requirements Not Covered by Code, and enacting in lieu thereof a new Section 306, Requirements Not Covered by Code", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3629. Page 5 March 27, 1989 Ordinances to be Adopted - continued 93630 - Moved by Brown, seconded by Angel that "an Ordinance amending Chapter 20, Human Relations, of the 1988 Code of Ordinances of the City of Waterloo, Iowa: by repealing Subsection (j) Disability of Section 20-3, Definitions; and enacting in lieu thereof a new Subsection (j) Disability to Section 20-3, Definitions; and by adding Subsections (8) and (9) to Subsection (b), Exceptions, of Section 20-7, Unfair Employment Practices; and by adding Subsection (3) to Subsection (b), Exceptions, of Section 20-8, Unfair Practices - Accommodations or Services; and by adding Subsections (6), (7), and (8) to Subsection (e), Exceptions, of Section 20-9, Unfair or Discriminatory Practices - Housing", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. 93631 - Moved by Budak, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Buck. Motion carried. 93632 - Moved by Wright, 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: Six. Absent: Buck. Motion carried. 93633 - Moved by Fox, seconded by Dell that "an Ordinance amending Chapter 20, Human Relations, of the 1988 Code of Ordinances of the City of Waterloo, Iowa: by repealing Subsection (j) Disability of Section 20-3, Definitions; and enacting in lieu thereof a new Subsection (j) Disability to Section 20-3, Definitions; and by adding Subsections (8) and (9) to Subsection (b), Exceptions, of Section 20-7, Unfair Employment Practices; and by adding Subsection (3) to Subsection (b), Exceptions, of Section 20-8, Unfair Practices - Accommodations or Services; and by adding Subsections (6), (7), and (8) to Subsection (e), Exceptions, of Section 20-9, Unfair or Discriminatory Practices - Housing", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3630. BILLS PAYMENT 93634 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-58, in the amount of $1,350,893.60, and Schedule W900, pp. 1-2, in the amount of $4,102.98, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-135. NEW BUSINESS 93635 - Moved by Dell, seconded by Angel to instruct City Engineer to prepare plans, specifications, etc., for F.Y. 1989 Commercial, Jefferson, West Seventh Streets Reconstruction, Contract No. 350, be received and placed on file. Motion carried. 93636 - Moved by Dell, seconded by Angel that plans, specifications, etc., for F.Y. 1989 Commercial, Jefferson, West Seventh Streets Reconstruction, Contract No. 350, be received, placed on file and "Resolution preliminarily approving same", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-136. March 27, 1989 Page 6 New Business - continued 93637 - Moved by Dell, seconded by Angel that "Resolution setting date of hearing on plans, specifications, etc., and taking of bids as April 17, 1989 at 7:00 p.m. in the City Hall Council Chambers on F.Y. 1989 Commercial, Jefferson, West Seventh Streets Reconstruction, Contract No. 350", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-137. 93638 - Moved by Dell, seconded by Angel to instruct City Engineer to prepare plans, specifications, etc., for F.Y. 1989 Street Reconstruction Program, Contract No. 357, be received and placed on file. Motion carried. 93639 - Moved by Dell, seconded by Angel that plans, specifications, etc., for F.Y. 1989 Street Reconstruction Program, Contract No. 357, be received, placed on file and "Resolution preliminarily approving same", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-138. 93640 - Moved by Dell, seconded by Angel that "Resolution setting date of hearing on plans, specifications, etc., and taking of bids as April 17, 1989 at 7:00 p.m. in the City Hall Council Chambers on the F.Y. 1989 Street Reconstruction Program, Contract No. 357", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-139. 93641 - Moved by Dell, seconded by Angel that communication from Mayor Bernie McKinley transmitting recommendation of reappointment of Lois Mayne, Gale Quirk and Val Martin to the Human Rights Commission for another three (3) year term, with expiration date of January 1, 1992, be received, placed on file and approved. Motion carried. 93642 - Moved by Dell, seconded by Angel that communication from Mayor Bernie McKinley transmitting recommendation of appointment of Ronald L. Kiewiet to the Police and Fire Pension Board effective immediately, with an expiration date of April 1993, be received, placed on file and approved. Motion carried. Travel Requests 93643 - Moved by Wright, seconded by Budak that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Richard Carlson, Superintendent of Facilities, to attend Iowa Park & Recreation Association Conference in Ames, Iowa on April 2-5, 1989, with costs not to exceed $222.00, including the use of City vehicle. Motion carried. MISCELLANEOUS 93644 - Moved by Wright, seconded by Budak 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: March 27, 1989 Page 7 Miscellaneous - continued 1. Beer License Permit Application Class B Waterloo Professional Baseball, 850 Park Road (Renewal) (Expires 10/7/89) (Includes Sunday Sales) 2. Beer & Wine License Permit Application Class E Clute's Highland Market, Inc., 909 Independence Avenue (Renewal) (Expires 4/4/90) (Includes Sunday Sales) 3. Beer & Liquor License Permit Application Class C West Coast Connection, 735 Logan Avenue (New Owner) (Expires 3/22/90) (Includes Sunday Sales) Porky's Red Carpet, 1449 Newell (Renewal) (Expires 4/5/90) (Includes Sunday Sales) Waterloo Bowl In, 120 Jefferson Street (Renewal) (Expires 3/29/90) (Includes Sunday Sales) Rumour's Bar & Grill, 1125 West Donald (New Owner) (Expires 3/29/90) (Includes Sunday Sales) Motion carried. BONDS 93645 - Moved by Angel, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through March 27, 1989, be received, placed on file and report and bonds approved. Motion carried. 93646 - Moved by Fox, seconded by Brown that the resolution requiring that 10 percent of the worker hours on certain construction projects be bona fide Black Hawk County residents be reconsidered at the April 3, 1989 Council meeting, be received, placed on file and approved. Motion carried. ORAL PRESENTATIONS 93647 - L.C. Hennessey, 319 Belmont, informed the Council of a problem with a car parked on private property at his neighbor's house at 407 Randall. He asked if anything could be done regarding declaring it a nuisance. Hugh Field, City Attorney, stated that the City has looked at this problem in the past, and that the car does run so the City is not able to declare it a nuisance. Field stated he would look at the situation again and make sure the situation has not changed. Mayor McKinley stated that on Saturday he was driving by the park next to East High School on East Fourth Street and saw several boys and girls cleaning the park. Upon stopping and questioning the boys and girls about the clean-up situation, they stated that they were volunteers from the Boys and Girls Club and this was a project. Mayor McKinley stated that many times on Monday nights, the Council only hears the negative comments of what is going on in our community, but there is a lot of positive activity in the community as he experienced last Saturday. Moved by Brown, seconded by Dell that the above comments be received and placed on file and that the Council adjourn. Motion carried. Larry P. Burger Clerk/Auditor