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HomeMy WebLinkAbout12/07/92r cember 7, 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 Monday, December 7, 1992. Mayor Pro Tem Rose Angel in the Chair. Roll Call: Dell, Angel, Buck, Wright, Budak, Lemke. Absent: Fox. Invocation by: Mayor Pro Tem Rose Angel Pledge of Allegiance: Boy Scout Explorer Post #2565 --Marsha Moss, Jenny Keister, Angie Green, Heather VanDorn, Roopa Goswami. 100318 - Moved by Buck, seconded by Wright that the Agenda, as amended, for the Regular Session on Monday, December 7, 1992, at 7:00 p.m., and the Minutes of the Regular Session on Monday, November 23, 1992, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS 100319 - Moved by Dell, seconded by Buck that proof of publication of notice of public hearing on request of Chicago & North Western Transportation on vacation, sale and conveyance of portions of Glenwood, South Barclay and Irving Streets right of way for $405.00, plus costs, as published in the Waterloo Courier on November 23, 1992, be received and placed on file. Motion carried. 100320 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Moved by Wright, seconded by Dell 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. 100321 - Moved by Wright, seconded by Budak that "an Ordinance vacating portions of Glenwood, South Barclay and Irving Streets right of way", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Fox. Motion carried. 100322 - Moved by Buck, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Fox. Motion carried. 100323 - Moved by Budak, seconded by Lemke 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: Fox. Motion carried. 100324 - Moved by Wright, seconded by Dell that "an Ordinance vacating portions of Glenwood, South Barclay and Irving Streets right of way", be adopted. Ayes: Six. Absent: Fox. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3904. 100325 - Moved by Buck, seconded by Dell that "Resolution authorizing sale and conveyance of portions of Glenwood, South Barclay and Irving Streets right of way to Chicago & North Western Transportation Company for $405.00, plus costs", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-671. December 7, 1992 Hearings - continued 100326 - Moved by Budak, seconded by Dell Page 2 that proof of publication of notice of public hearing on request of Chicago & North Western Transportation Company on sale and conveyance of Parcel Nos 11, 12 and 13 in conjunction with the Sixth Street Extension Project for $644.00, as published in the Waterloo Courier on November 23, 1992, be received and placed on file. Motion carried. 100327 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem 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. 100328 - Moved by Wright, seconded by Budak that "Resolution authorizing sale and conveyance of Parcel Nos. 11, 12 and 13 in conjunction with Sixth Street Extension Project to Chicago & North Western Transportation Company for $644.00, plus costs", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-672. 100329 - Moved by Dell, seconded by Wright that proof of publication of notice of public hearing on request of Grady Instrument Service Inc. to rezone from "A-1" Agricultural District to "R-1" One and Two Family Residence District/"C-Z" Conditional Zoning property generally located at 5605 Ansborough Avenue to operate a band instrument repair business in a new building, as published in the Waterloo Courier on November 20, 1992, be received and placed on file. Motion carried. 100330 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections. Merlin Grady, applicant, spoke in support of the request as his previous business location at 1860 West Shaulis Road was destroyed by fire. The applicant proposes to use the property for a band instrument repair business, which is not permitted in an "A-1" Agricultural District. Moved by Budak, seconded by Buck 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. 100331 - Moved by Dell, seconded by Budak that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 41 to Section 2A -7N Conditional Zoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Fox. Motion carried. 100332 - Moved by Wright, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Fox. Motion carried. 100333 - 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: Six. Absent: Fox. Motion carried. December 7, 1992 Page 3 Hearings - continued 100334 - Moved by Dell, seconded by Budak that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 41 to Section 2A -7N Conditional Zoning Certain Property", be adopted. Ayes: Six. Absent: Fox. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3905. 100335 - Moved by Wright, seconded by Budak that proof of publication of notice of public hearing on request of Sonda Reese on sale and conveyance of property acquired from the Resolution Trust Corporation generally located at 922 Mulberry Street for $8,505.00, as published in the Waterloo Courier on November 27, 1992, be received and placed on file. Motion carried. 100336 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem 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 Community Development Board be received and placed on file. Motion carried. 100337 - Moved by Buck, seconded by Dell that "Resolution authorizing sale and conveyance of property generally located at 922 Mulberry Street acquired from the Resolution Trust Corporation to Sona Reese for $8,505", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-673. 100338 - Moved by Buck, seconded by Dell that proof of publication of notice of public hearing on request of Greater Black Hawk Habitat for Humanity Inc. to transfer property generally located at 218 Glenwood Street acquired from the Resolution Trust Corporation, as published in the Waterloo Courier on November 27, 1992, be received and placed on file. Motion carried. 100339 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Moved by Wright, seconded by Dell that the hearing be closed and the recommendation of approval of the Community Development Board be received and placed on file. Motion carried. 100340 - Moved by Budak, seconded by Lemke that "Resolution authorizing transfer of property generally located at 218 Glenwood Street acquired from the Resolution Trust Corporation to Greater Black Hawk Habitat for Humanity Inc.", be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-674. 100341 - Moved by Buck, seconded by Dell that proof of publication of notice of public hearing on amendments to Zoning Ordinance No. 2479, as amended, as it pertains to landscaping for all "R-3" Multiple Residence Districts and less restrictive zones except the Central Business District, as published in the Waterloo Courier on November 20, 1992, be received and placed on file. Motion carried. 100342 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. December 7, 1992 Page 4 Hearings - continued Bob Stevenson, City Planner, noted that the proposed ordinance change pertains to landscaping requirements in "R-3" Multiple Family Residence Districts and less restrictive zones, except the Central Business District. The ordinance requires a modest amount of landscaping for all new construction and additions of 10 percent or more. The regulations are patterned after the "H -C" Highway Corridor regulations recently approved by the City Council. The proposed ordinance greatly reduces the landscaping requirements when compared to the "H -C" Highway Corridor District regulations. Councilperson Dell commended City staff for blending common sense and practicality into said proposed ordinance. Moved by Budak, seconded by Dell 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. 100343 - Moved by Dell, seconded by Buck that "an Ordinance amending Ordinance as it pertains to landscaping for all restrictive zones except the Central file, considered and passed for the Motion carried. 100344 - Moved by Wright, seconded by Dell No. 2479, as amended, City Zoning Ordinance "R-3" Multiple Residence Districts and less Business District", be received, placed on first time. Ayes: Six. Absent: Fox. that proof of publication of notice of public hearing on amendments to Zoning Ordinance No. 2479, as amended, as it pertains to side yard setbacks in all "R-3" Multiple Family Residence Districts and less restrictive zones except the Central Business District, as published in the Waterloo Courier on November 20, 1992, be received and placed on file. Motion carried. 100345 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections. The Deputy Clerk reported that a petition had been received requesting that the side yard setbacks recommended by the Planning, Programming and Zoning Commission be reduced by one-half. It was the recommendation of the Planning, Programming and Zoning Commission that the side yard setbacks be established at 10 feet for one story buildings, 15 feet for two story buildings, and 25 feet for three or more stories. Bob Stevenson, City Planner, stated that staff has reviewed the petition's recommendation and would concur with the proposed change. He also noted that the ordinance allows for a transfer of development rights which would allow an adjacent building to be constructed closer to the property line if said building is further from the property line than is required by the ordinance. Bob Brustkern stated that the petition represents a small majority of those who are in favor of the proposed ordinance changes. John Rooff spoke in support of the petition and the reduction in the side yard setbacks noting that the Planning, Programming and Zoning Commission's recommendation was excessive. Moved by Buck, 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. 100346 - Moved by Buck, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance as it pertains to side yard setbacks in all "R-3" Multiple Residence Districts and less restrictive zones except the Central Business District", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Fox. Motion carried. December 7, 1992 Page 5 UNFINISHED BUSINESS 100347 - Larry Cunningham, Superintendent. of Central Garage, noted that the fuel tank installation would be underground with appropriate monitoring wells as required by the State of Iowa. Moved by Buck, seconded by Budak that communication from Assistant City Engineer transmitting recommendation of award of contract to Dick's Petroleum Company of Tripoli, Iowa in the amount of $166,127.14 in conjunction with F.Y. 1993 City Fueling Facility, Contract No. 451, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-675. PETITIONS FROM PUBLIC 100348 - Moved by Buck, seconded by Budak that communication from City Engineer transmitting request of Berry Development for a temporary concrete driveway to be located at 1237 Flammang Drive, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-676. DOCUMENTS 100349 - Moved by Buck, seconded by Wright that communication from Associate Engineer transmitting Completion Report and Recommendation of Acceptance of work performed by Aspro, Inc. and Subsidiaries in conjunction with F.Y. 1992 Street Reconstruction Program - No. 3, Contract No. 431, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-677. 100350 - Moved by Buck, seconded by Wright that communication from Associate Engineer transmitting Maintenance Bond from Aspro, Inc. and Subsidiaries in conjunction with F.Y. 1992 Street Reconstruction Program - No. 3, Contract No. 431, be received, placed on file and approved. Motion carried. 100351 - Moved by Buck, seconded by Wright that communication from City Engineer transmitting an engineering consultant claim settlement agreement with Brice, Petrides SEC Donohue Inc. in the amount of $29,503.18 in conjunction with F.Y. 1992 Sixth Street Extension Project (West), Contract No. 413, together with recommendation of approval, be received, placed on file and "Resolution approving said document", be adopted and Mayor Pro Tem and Deputy Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-678. 100352 - Moved by Buck, seconded by Wright that communication from Fire Chief transmitting Contracts, Bonds and Certificates of Insurance from Peterson Contractors Inc. of Waterloo, Iowa in the amount of $27,100 in conjunction with Rough Grading at Hazardous Material Regional Training Center be received, placed on file and "Resolution approving said documents", be adopted and Mayor Pro Tem and Deputy Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-679. December 7, 1992 Documents - continued 100353 - Moved by Buck, seconded by Wright Page 6 that communication from Clerk/Auditor transmitting Certificate of Substantial Completion and Acceptance of Work performed by Prairie Construction Company in conjunction with Interior Renovation, Phase 2, Five Sullivan Brothers Convention Center, be received, placed on file and "Resolution approving said document", be adopted and Deputy Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-680. 100354 - Bob Stevenson, City Planner, stated that said agreement will allow future construction of parking lots under U.S. Highway 218. Said agreement does not commit funds at the current time, but any design or future expenditure of funds would require Council approval prior to construction. Moved by Buck, seconded by Wright that communication from City Planner transmitting an agreement with the Iowa Department of Transportation for placement of parking lots under the U.S. Highway 218 bridge in the downtown area in conjunction with Relocated Highway 218, IX -218- 7(78)--3P-07, Addendum No. 92-A-067 together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and Deputy Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-681. 100355 - Moved by Buck, seconded by Wright that communication from City Planner transmitting an agreement with the Iowa Department of Transportation for installation of street lighting in conjunction with Relocated Highway 218 Project, IX -218-7(96,121)--3P-07, Addendum No. 92-A- 029, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and Deputy Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-682. 100356 - Moved by Buck, seconded by Wright that communication from City Planner transmitting an agreement with the Iowa Department of Transportation for transfer of land for the north bound service road from West Ninth Street to West Second Street in conjunction with Relocated Highway 218 Project, IX -218-7(60)--3P-07, I-380-7(40)316--01-07, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and Deputy Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-683. RESOLUTIONS TO BE ADOPTED 100357 - Moved by Buck, seconded by Dell that "Resolution setting date of hearing as December 14, 1992 at 7:00 p.m. in the City Hall Council Chambers on sale and conveyance of property generally located in Cowin's Subdivision in Riverside Addition lying north of the River Front Commission line to Midwest Power Systems, Inc. for $6,055.00", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-684. December 7, 1992 Page 7 Resolutions to be Adopted - continued 100358 - Bruce Meisinger, Budget Analyst, stated the purpose of the transfers was to comply with the FY 1992 Municipal Sanitary Sewage Audit prepared by Carney Alexander & Marold. The various transfers will allow for proper accounting of expenditures and revenues as budgeted. Moved by Buck, seconded by Dell that "Resolution authorizing transfer of various funds within the Municipal Sanitary Sewer System", be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-685. 100359 - Moved by Buck, seconded by Dell that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, approving a new Annual Contributions Contract for 25 additional units of Section 8 housing vouchers, Contract No. IA05-V050-019 in support of the Frail Elderly Program and the Annual Contributions Contract for 28 additional units of Section 8 certificates, Contract No. IA05-E050-010, and 22 housing vouchers, Contract No. IA05-V050-018", be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-686. 100360 - Moved by Buck, seconded by Dell that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, approving the renewal Annual Contributions Contracts for 12 units of Section 8 housing vouchers, Contract No. IA05-V050-017, and 50 units of Section 8 certificates, Contract No. IA05-E050-011", be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-687. 100361 - Moved by Buck, seconded by Dell that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, approving Amendment No. 2 for Housing Voucher Contract IA05-V050-008 to correct the expiration date from April 20 to April 30, 1993" be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-688. BILLS PAYMENT 100362 - Moved by Wright, seconded by Dell that "Resolution approving Schedule A918, pp. 1-67, in the amount of $2,028,933.59, dated December 7, 1992, copies of which are on file in the Clerk/Auditor's Office, with Councilperson Buck abstaining on Warrant Voucher 70757 in the amount of $101.18, Councilperson Wright abstaining on Warrant Voucher 70446 in the amount of $521.40 and Councilperson Budak abstaining on Warrant Voucher 70447 in the amount of $617.73", be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-689. NEW BUSINESS 100363 - Moved by Buck, seconded by Wright that communication from Planning and Development Director transmitting a plan to develop a Tax Increment Finance District surrounding the Waterloo Airport correcting legal description in previously adopted area, be received, placed on file and "Resolution setting new date of hearing as December 28, 1992, at 7:00 p.m. in the City Hall Council Chambers on the above described Tax Increment Financing District to surround the Waterloo Airport", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1992-690. December 7, 1992 Travel Requests 100364 - Moved by Dell, seconded by Wright Page 8 that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. John Mozena, Associate Engineer, to attend National Highway Institute Bridge Inspection School in Ames, Iowa on February 8-12, 1993, March 29 -April 2, 1993, and April 5-9, 1993, with costs not to exceed $926.00. Motion carried. MISCELLANEOUS 100365 - Moved by Dell, seconded by Wright 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: 1. Beer License Permit Application Class C Big 10 Mart, 129 Jefferson Street (Renewal) (Expires 1/13/94) (Includes Sunday Sales) 2. Beer/Liquor License Permit Applications Class C Fitzgerald's Grill & Pub, 360 E. Ridgeway (Renewal) (Expires 12/19/93) (Includes Sunday Sales) North Bank Cafe, 722 Water Street (Renewal) (Expires 12/2/93) (Includes Sunday Sales) Motion carried. BONDS 100366 - Moved by Buck, seconded by Dell that the report of City Attorney and list of bonds filed with the Clerk/Auditor through December 7, 1992, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 100367 - Al Chapman, 234 Ivanhoe Road, offered the City Council a solution to its current budget crisis. He stated that the City does not have a budget problem but rather a management crisis. He alluded to bids that the City Council has authorized for the construction of a fiber optic network connecting various City buildings. He attended a recent pre-bid conference on said project noting that City staff urged bidders not to "concern themselves with the money issue at the current time" but to propose a system that would work. He stated that it was not a wise use of tax dollars and questioned why the money for this project could not be put to a better use in light of the recent layoffs. Don Temeyer, Planning and Development Director, noted bids are due on December 14 and will be referred to the City Council for review and approval. He noted that Requests for Proposals were solicited instead of employing the services of a consultant to draw the specifications hoping that each company would prepare the best alternative as they saw fit. Upon completion, the system would allow for the exchange of information between the courthouse, city hall and all outlying city buildings. IPS has also indicated an interest in the system in light of the City's future plans to implement a governmental information system mapping program. Mr. Chapman suggested that there may be many other projects underway that the City should re-evaluate in light of the budget problems. Mr. Temeyer noted that it was important for the City during these times to be as efficient as possible utilizing all available technology. Mr. Chapman suggested that the fiber optics network is too expensive of an alternative for the City to consider. December 7, 1992 Page 9 Oral Presentations - continued Robert Sieglaff, 914 West 3rd Street, noted that the garbage rate is much too high. He suggested that each department review its operation for efficiencies. He noted that taxpayers continue to pay more and get less services. He alluded to cutting the budget and that the positions of Airport Manager or Park Director are not needed. Sam Hopkins, 48 East Parker Street, asked the status of the animal problem that he experiences at his home and progress by the City to date. City Attorney Jim Walsh asked Mr. Hopkins to meet with him in his office on Tuesday, December 8, 1992 at 10:00 a.m. to discuss said matter. A resident at 212 Wellington Street reported that the City sewer and garbage rates are much too high, and that she would be willing to give up leaf and large item collection to decrease the rates. As a single headed household, she cannot afford continued increases in said services. Mayor Pro Tem Angel noted that the Council has discussed this issue and will be discussing it again prior to a rate increase. Councilperson Dell stated that many of the issues that City government is now facing have been laws imposed by the State Legislature. Said mandates are expensive but must be dealt with. Moved by Lemke, seconded by Budak that the above oral comments be received, placed on file and the Council adjourn at 8:15 p.m. Motion carried. Larry P. Burger City Clerk/Auditor