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HomeMy WebLinkAbout06/03/1985June 3, 1985 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 3, 1985. Mayor Bowers in the Chair. Roll call: Klinger, Penaluna, Lichty, Getty, Seeber, Dowie, Wright. Invocation by Wright. 87512 - Moved by Klinger, seconded by Seeber that the Agenda, as amended for the Regular Session of June 3, 1985, at 7:00 p.m., be accepted and approved. Motion carried. 87513 - Moved by Wright, seconded by Dowie that the Minutes of the Regular Session held May 28, 1985, at 7:00 p.m., be approved. Motion carried. HEARINGS 87514 - Moved by Getty, seconded by Lichty that proof of publication of notice of public hearing on the issuance of Industrial Revenue Bonds not to exceed $800,000 for Omega Cabinets Expansion Project as published in the Waterloo Courier on May 17, 1985, be received and placed on file. Motion carried. 87515 - HOLD HEARING --This being the time and place of hearing the Mayor called for written and oral objections and there were none. Moved by Penaluna, seconded by Getty that "Resolution determining to proceed with the issuance of not to exceed $800,000 Industrial Revenue Bonds, Series 1985 (Omega Cabinets Expansion Project) of the City of Waterloo, Iowa", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-270. 87516 - Moved by Klinger, seconded by Dowie that proof of publication of notice of public hearing on issuance of Qualified Urban Renewal Area Revenue Bonds, not to exceed $350,000 for Law Office Project as published in the Waterloo Courier on May 17, 1985, be received and placed on file. Motion carried. 87517 - HOLD HEARING --This being the time and place of hearing the Mayor called for written and oral objections and there were none. Moved by Klinger, seconded by Penaluna that "Resolution determining to proceed with the issuance of not to exceed $350,000 Qualified Urban Renewal Area Revenue Bonds, Series 1985 (Law Office Project) of the City of Waterloo, Iowa", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-271. June 3, 1985 Page Two ORAL PRESENTATIONS 87518 - Marvin Carroll, 607 E. Airline Highway, asked the Council's reconsideration not to lift the embargo on East Donald Street. (see CR87427 of May 20, 1985) He stated that residents have signed a petition requesting the lifting of the embargo on East Donald Street. Based upon the recommendation of the Sign and Traffic Department, their request was denied. He asked that the Council pursue alternatives. Councilperson Penaluna suggested that the Sign and Traffic Department be instructed to look at various alternatives and report back to the Council. Mayor Bowers stated that the City should keep Airline Highway in decent repair; that is, by hauling rock. He indicated that property owners along Airline Highway have for many years oiled the gravel to keep the dust level down. It was indicated that Donald Street Reconstruction will not occur until 1986 or 1987 construction year. Moved by Penaluna, seconded by Wright that the request of area residents of East Airline Highway for reconsideration of lifting the embargo on East Donald Street be received, placed on file and that the Sign and Traffic Department be instructed to review alternatives and report back to the Council on June 17, 1985. Motion carried. 87519 - Councilperson Lichty presented a petition signed by 160 residents in the area of Oaklawn Avenue and Leland Avenue protesting the abandoned buildings at 204 and 208 Oaklawn Avenue. Nicholas Truog, 207 Oaklawn Avenue, showed the Council pictures of the condition of these houses. He stated that both are in serious violation of the building code regulations and that a serious sanitation problem exists. He also reported to the Council that the buildings are dangerous to area children and that the lawn is not mowed. He asked that the City do something about the condition of these houses and either force the owner to make repairs or demolish it. Donna Lesyshen, Assistant City Attorney, indicated that these two houses are being considered for inclusion in the demolition program by the Community Development Board following its allocation of funds by the Federal Government after June 15, 1985. Mayor Bowers indicated that the City has demolished an average of 27 structures per year with block grant funds. Last year a total of 10 dilapidated homes were demolished with the remaining portion of money being used for the Lafayette Building. Jim Lindsey, Community Development Administrator, indicated that the next demolition contract would be opened and awarded on the second Tuesday in July, 1985. The contractor would then be authorized to begin demolition. June 3, 1985 ORAL PRESENTATIONS CONTINUED 87519 - Donna Lesyshen indicated that prior to the City demolishing a home, (cont) two things must occur: 1) the property owner must give his consent to the city's demolition; 2) if the property owner will not give consent to demolish, the structure must be declared a nuisance through the court system. She indicated that the owner must be given adequate notice throughout the process. Barb Payton, 301 Leland Avenue, asked why the City allowed residents to occupy homes after being "red tagged". Donna Lesyshen indicated that the buildings in questions had fines totalling $2,000 for violations of the building code. Sandy Traug, 207 Oaklawn Avenue, stated that these houses have 41 violations of the building code and questioned where the City's power was to address this problem. Councilperson Seeber asked why the City couldn't do something under current laws to demolish these buildings. L. C. Hennesey, 319 Belmont Street, stated that there is a pigeon problem at these addresses and suggested ways in which the City could address this problem. Ramona Te Paske, 302 Sunnyside, asked when the City was going to act and asked that they do so immediately. She asked why one individual [the landowner] was allowed to run their neighborhood. She again reiterated her concern about the safety of children. She asked who would be responsible when a dzild gets hurt in these houses. Robert Dart, 315 Leland Avenue, reported that due to the condition of these houses, the neighborhood has experience demise. He also spoke of the problem of the grass on not being mowed and asked what the City's policy was on mowing grass on private lots. He stated that buildings in the downtown area can be torn down, but there is no money to demolish homes in residential areas. He stated that the skywalk was funded so why can't demolition be so funded. Don Temeyer, Planning and Development Director, indicated that the money used in the construction of a skywalk was generated from downtown properties through the Tax Increment Financing Fund and is only available for expenditure in the downtown area. Moved by Penaluna, seconded by Lichty that the above comments be received, placed on file and that the Mayor appoint a committee to investigate ways in which the City could address the problem of abandoned structures. Prior to a vote on this matter, Mayor Bowers appointed the following Committee members: Robert Dart, Councilpersons Lichty and Seeber, Building Official Jim Curran, and Assistant City Attorney Donna Lesyshen. Several of the neighborhood residents asked that more than one citizen be included on the committee. The Mayor indicated that his decision on the committee membership was final. The following vote was made on the above motion. Ayes: Klinger, Penaluna, Seeber. Nays: Lichty, Getty, Dowie, Wright. Page Three Motion not carried. The following motion was offered. Moved by Klinger, seconded by none that the Mayor appoint a 7 member committee to investigate the above problem. The motion died for lack of a second. June 3, 1985 Page Four ORAL PRESENTATIONS CONTINUED 87519 - Councilperson Dowie indicated that the Mayor has the authority to (cont) appoint a committee at his pleasure and that he should do so and get going on the matter. Discussion was heard on expanding the committee to include more citizens of the neighborhood and that perhaps Francis Messerly, member of Black Hawk County Board of Supervisors be included. Mayor Bowers indicated that this item would appear on the Council Agenda of June 10, 1985. PETITIONS FROM PUBLIC 87520 - Moved by Getty, seconded by Lichty that communication from Planning, Programming, and Zoning Commission transmitting the request of Bruce DuBois, 418 Gilbert Street to vacate, sell and convey an alley between Roosevelt and Ann Streets and east of Gilbert Street together with recommendation of approval be received, placed on file and 'Resolution setting date of hearing as June 24, 1985 at 7:00 p.m. in the City Hall Council Chambers on above described request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-272. 87521 - Moved by Getty, seconded by Lichty that communication frau City Engineer transmitting the request of George C. Chihak for temporary concrete driveway at 361 Lamont Street, 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. 1985-273. 87522 - Moved by Getty, seconded by Lichty that communication from City Engineer transmitting the request of Michael D. Glenz for temporary concrete driveway at 280 Derbyshire Road, 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. 1985-274. 87523 - Moved by Lichty, seconded by Wright that the oral comments under the oral presentations (see CR87519 above) concerning the homes at 204 and 208 Oaklawn together with the petition of area property owners be received and placed on file. Motion carried. UNFINISHED BUSINESS 87524 - Councilperson Dowie indicated that he had talked with Lyle Taylor of the Rath Packing Company and was satisfied that the security being provided at Rath Packing was adequate to secure the equipment of the plant. Moved by Seeber, seconded by Penaluna that the police security at Rath Packing Company be removed. Ayes: Seven. Motion carried. June 3, 1985 Page Five REPORTS 87525 - The item of free parking on W. 4th Street and one block of Sycamore Street between 4th and 5th Street was brought to the floor for discussion. Councilperson Lichty suggested that free parking also be allowed on Sycamore Street between Park Avenue and 5th Street. Don Temeyer, Planning and Development Director, indicated that if these additional meters were taken out, considerable revenue would be lost. Sharon Juon, Director of the Downtown Council indicated that the City should try to equalize the number of free parking spaces on the east and west side. Moved by Penaluna, seconded by Klinger that the communication from the Planning and Development Director transmitting recommendation on free parking on W. 4th Street from Commercial Street to Washington Street and one block of Sycamore Street between 4th and 5th Streets for a one year trial period and requesting adjacent merchants to donate $10.00 per month toward the support of the system be received, placed on file and approved for one year. Ayes: Seven. Motion carried. DOCUMENTS 87526 - Moved by Klinger, seconded by Dowie that communication from City Engineer transmitting change order No. 1 for the Intercity Interceptor, Stage III, F.Y. 1985 Falls Trunk Sewer, Contract No. 254 for a net decrease of $53,753 together with recommendation of approval be received, placed on file and Mayor and Clerk/Auditor authorized to execute same. Motion carried. RESOLUTIONS TO BE ADOPTED 87527 - Moved by Dowie, seconded by Seeber that "Resolution authorizing the issuance of 7.5 million dollars of Corporate Purpose General Obligation Bonds", be adopted. Ayes: Six. Nays: Lichty. Resolution adopted and upon approval by Mayor assigned No. 1985-275. ORDINANCES TO BE ADOPTED 87528 The first reading on an ordinance increasing sewer rental Charges was brought to the floor for discussion. Councilperson Getty asked why we need an increase in sewer rates with the closing of Rath as less sewage will be generated and there would be less to treat. Bruce Bottorff, Director of the Water Pollution Control Plant indicated that in addition to the lost revenue of Rath there are also other fixed fees that must be addressed. Included are the bond payments of $280,000 per year for various plant improvements. Also the increase must cover the operational expenses for the Sewer Department, Flood Control and operation of the plant. He also indicated that the F.Y. 1986 Operating Budget has been reduced by $400,000 in anticipation of the Rath closing. June 3, 1985 Page Six ORDINANCES TO BE ADOPThD CONTINUED 87528 - Councilperson Dowie asked how our charges for sewer compares to other (cont) Iowa cities. Mr. Bottorff indicated that we have lower charges than Sioux City, Davenport, Cedar Rapids and Dubuque. He indicated that the City of Waterloo has had incremental increases since 1976. He indicated that much of the sewer system in the City of Waterloo including storm and sanitary were constructed prior to 1900. As a result of the aging of these sewers it is necessary that an on going replacement program be established. He indicated that the increase generated from this rate increase would carry through the current year. If an increase was not given at this time, few alternatives would be available; however, the City could expect not to install the intercity freeway sewer. At a later time the City would be ripping up good streets to replace deteriorated sewers. Councilperson Lichty asked haw people could afford an increase given the adverse economic times. Councilperson Penaluna congratulated Mr. Bottorff for doing a good job at the plant. Moved by Getty, seconded by Klinger that an "Ordinance amending Chapter 34, Utilities, by repealing Subsections (1), (2), and (6) regarding sewer rental charges of Section 34-43; and enacting in lieu thereof new Subsections (1), (2), and (6) regarding sewer rental charges of Section 34-43," be received, placed on file, considered and passed for the first time. Ayes: Six. Nays: Lichty. Motion carried. 87529 - Moved by Penaluna, seconded by Getty that "an Ordinance amending Ordinance No. 2479, as amended, known as the Zoning Ordinance for the City of Waterloo, Iowa, by repealing Part III, Section 2A-3, Definitions; Part IV, District and Boundaries thereof; Part V, Section 2A-7, General Regulations; Part XVII, "U-1" Unclassified District; Part XXIII, Board of Adjustment: Section 2A-52; Part XXIV, Occupancy Permits; Part XXVI, Section 2A-55, Amendments, Subsection C; and adding Section 2A -52A, Hearings and Decisions of the Board of Adjustment; and Part XXIX, Duties and Responsibilities of the Building Official," be received, filed, considered and passed for the second time. Ayes: Seven. Motion carried. 87530 - Moved by Klinger, seconded by Seeber that "an Ordinance amending Ordinance No. 2644, known as the Traffic Code, by repealing Subsection (10) Public Alley extending frau West 4th Street to Bluff Street and lying between Jefferson Street and Commercial Street of Section 542, One Way Streets and Alleys", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. June 3, 1985 Page Seven NEW BUSINESS 87531 - Moved by Dowie, seconded by Wright that communication from Park Department transmitting the retirement of Robert Kennedy together with the recommendation of payment in the amount of $7,903.01 for accumulated vacation pay and sick leave be received, placed on file and "Resolution approving said payment", be adopted and Clerk/Auditor instructed to issue a warrant accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-276. 87532 - Moved by Dowie, seconded by Wright that communication frau Clerk/Auditor's Office transmitting the resignation of Charles Marbles together with the recommendation of payment in the amount of $1,917.83 for accumulated vacation pay and sick leave be received, placed on file and "Resolution approving said payment", be adopted and Clerk/Auditor instructed to issue a warrant accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1985-277. 87533 - Moved by Dowie, seconded by Wright that communication from the Fire Chief transmitting the promotion of Randy W. Petersen from the rank of Fire Equipment Operator to the rank of Lieutenant and the promotion of Fireman Barry Thompson to the rank of Fire Equipment Operator be received, placed on file and approved. Motion carried. 87534 - Moved by Dowie, seconded by Wright that the following requests for travel with expenses not to exceed amounts shown, be received, placed on file and approved: Travel Requests James Cain, Fire Marshal, to attend Fire Prevention Specialist II Course, Emnitsburg, Maryland, June 17-28, 1985, cost not to exceed $132.00. Jim Boesen, Heating Inspector, to attend Workshop Managing Mechanical System for Optimum Energy Performance, Des Moines, Iowa, June 18-19, 1985, cost not to exceed $327.50. Motion carried. MISCELLANEOUS 87535 - Moved by Dowie, seconded by Wright that the following applications for Beer and Liquor Licenses be received, placed on file, approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and the Beer Gardens be approved: Beer and Liquor License Permit Application Class C Dees 2341 Falls Avenue, (old location -new owner) (Expires 6/1i86) 6/9/86) The Hillcrest Tap, 1933 Williston, (Renewal) (Expires Fire Lounge, 300 W. Mullan, (Renewal) (Expires 6/17/86) plus Sunday sales Southtown, 2026 Bopp, (Renewal) (Expires 6/7/86) plus Sunday sales 6/14/86) Steamboat Gardens, 1740 Falls Avenue, (Renewal) (Expires plus Sunday sales June 3, 1985 Page Eight MISCELLANEOUS CONTINUED Beer License Permit Application Class C Kwik Shop, Inc., 352 Fletcher, (Renewal) (Expires 7/11/86) plus Sunday sales R & G Oil, 2332 Falls Avenue (Expires 6/3/85) (Renewal) plus Sunday sales Beer Garden Beer Garden for Ristorante Scaturro, 195 W. 4th Street, subject to a semi-permanent fencing. Beer Garden for Holiday Inn, W. 4th and Commercial Streets Motion carried. BONDS 87536 - Moved by Lichty, seconded by Wright that the report of City Attorney and list of bonds filed with Clerk through June 3, 1985, be received, placed on file and report and bonds approved. Motion carried. ADJOURNMENT 87537 - Moved by Lichty, seconded by Dowie that the Council adjourn. Motion carried. Larry P. Burger Clerk/Auditor