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HomeMy WebLinkAbout10/26/92October 26, 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 October 26, 1992. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Lemke. Invocation by: Councilperson Tony Budak Pledge of Allegiance: Councilperson Dave Buck 100133 - Moved by Buck, seconded by Angel that the Agenda, as amended, for the Regular Session on Monday, October 26, 1992, at 7:00 p.m., and the Minutes of the Regular Session on Monday, October 19, 1992, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS 100134 - Moved by Angel, seconded by Buck that proof of publication of notice of public hearing on sale and conveyance of property acquired from the Resolution Trust Corporation located at 1306 Bertch Avenue to Marlene Oswald for $13,500.00, as published in the Waterloo Courier on October 20, 1992, be received and placed on file. Motion carried. 100135 - HOLD HEARING --This being the time and place of public hearing, the Mayor 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. 100136 - Moved by Dell, seconded by Fox that "Resolution authorizing sale and conveyance of property generally located at 1306 Bertch Avenue to Marlene Oswald for $13,500.00", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-601. 100137 - Moved by Budak, seconded by Buck that proof of publication of notice of public hearing on not to exceed $550,000 General Obligation Capital Loan Notes for an Essential Corporation Purpose for equipping of City Fire, Police, Sanitation and Street Departments, as published in the Waterloo Courier on October 14, 1992, be received and placed on file. Motion carried. 100138 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Rick Young, 3704 Inverness Road, objected to the proposed sale. He stated that it was morally wrong to approve these expenditures outside the regular budgeting process. He questioned why these expenditures were not a part of the adopted budget in March 1992. Larry P. Burger, Clerk/Auditor, stated that the proposed issuance of bonds for capital expenditures had been discussed during the budget process. At that time, it was the Council's desire to finance capital items for two years with this being the last year. These bonds will be retired over a three year period except for the Fueling Facility which will be funded over a seven year period. Councilperson Budak stated that it was not an underhanded way in which to fund City expenditures, but with the decreasing state funds and continual mandates, it is essential that the City fund essential equipment items such as these. Jim Lawrence, representing the Waterloo Chamber of Commerce, also expressed his objection to the proposed sale of bonds. Mr. Young pointed out that historically the City has not funded capital projects in this manner and that the City is putting itself in a deep financial hole, and that we cannot afford these expenditures. Councilperson Buck stated that this was a straightforward way of financing these projects that the City is forced to do so. He asked Mr. Lawrence what other options the City may have. October 26, 1992 Page 2 Hearings - continued Mr. Lawrence questioned whether the City will be financing capital items similarly in the future. Mr. Burger stated that it will be the City Council's choice whether to continue this program in the future. Bruce Meisinger, Budget Analyst, stated that this will increase the property tax levy by 13 cents per thousand dollars of valuation per year for the entire issuance on this evening's agenda. Councilperson Fox stated that this issue brings to light the level of service the citizens desire versus the tax levy required to support these services. Councilperson Dell remarked that the age of the equipment being replaced is very old. Mayor Manning stated that the City continues to look for efficiencies in government to lower the cost. Mr. Meisinger stated that the sale of General Obligation Bonds will result in a net savings over a lease/purchase program in terms of lower interest rate and lower issuance costs. Moved by Dell, seconded by Buck that the hearing be closed and oral comments be received and placed on file. Motion carried. 100139 - Moved by Fox, seconded by Buck that "Resolution instituting proceedings to take additional action for authorization of a loan agreement and issuance of not to exceed $550,000 General Obligation Capital Loan Notes, Series 1992", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-602. 100140 - Moved by Buck, seconded by Budak that proof of publication of notice of public hearing exceed $65,000 General Obligation Capital Loan Notes Purpose for equipping of City Parks, Library and published in the Waterloo Courier on October 14, 1992, file. Motion carried. on the issuance of not to for a General Corporate Planning Departments, -as be received and placed on 100141 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections.. Bruce Meisinger, Budget Analyst, stated that a referendum would not be required for these items since each project does not exceed an expenditure of $75,000 per year. Projects included in this issuance include: Parks Department --snow blower equipment, 4 WD Outfront mower/snow blower, and 3/4 T. pickup; Library --passenger car; and Planning Department --passenger car . It was suggestedthat a used pickup could be utilized by the City Hall maintenance staff. Moved by Buck, seconded by Wright that the hearing be closed and oral comments be received and placed on file. Motion carried. 100142 - Moved by Buck, seconded by Budak that "Resolution instituting proceedings to take additional action for authorization of a loan agreement and issuance of not to exceed $65,000 General Obligation Capital Loan Notes, Series 1992", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-603. 100143 - Moved by Buck, seconded by Wright that proof of publication of General Obligation Capital equipping City Clerk/Auditor Waterloo Courier on October carried. '-1 notice of public hearing on not to exceed $40,000 Loan Notes for a General Corporate Purpose for and Human Rights. Departments., as published in the 14, 1992, be received and placed on file. Motion October 26, 1992 Page 3 Hearings - continued 100144 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Moved by Buck, seconded by Fox that the hearing be closed and oral comments be received and placed on file. Motion carried. 100145 - Moved by Dell, seconded by Fox that "Resolution instituting proceedings to take additional action for authorization of a loan agreement and the issuance of not to exceed $40,000 General Obligation Capital Loan Notes, Series 1992", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-604. PETITIONS FROM PUBLIC 100146 - Moved by Budak, seconded by Wright that communication from City Planner transmitting request of Max Guernsey to vacate, sell and convey street right of way along the remaining portion of Alexandra Circle, south of Southtown Drive for $9,353.00, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as November 9, 1992 at 7:00 p.m. in the City Hall Council Chambers on the 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. 1992-605. 100147 - Moved by Budak, seconded by Wright that communication from City Engineer transmitting request of Jeff Duggan for a temporary concrete driveway to be located at 1909 Wembley 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. 1992-606. DOCUMENTS 100148 - Moved by Budak, seconded by Wright that communication from Public Works Director transmitting a supplemental agreement with the Iowa Department of Transportation for the maintenance of primary roads and municipalities covering snow removal on University Avenue from Greenhill Road to Sergeant Road for the 1992/93 winter season, be received, placed on file and "Resolution approving said supplemental agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-607. 100149 - Moved by Budak, seconded by Wright that communication from City Engineer transmitting an application to Perform Work Within State Highway Right of Way for George Wyth State Park Ranger to install bird nest boxes on directional signs along relocated U.S. 218/IA 57 near George Wyth State Park, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-608. October 26, 1992 Documents - continued 100150 - Moved by Budak, seconded by Wright Page 4 that communication from Insurance Coordinator transmitting recommendation of approval of Police Liability and Public Officials Liability policies with General Star Insurance Company and rescinding Resolution No. 1992-578, be received, placed on file and "Resolution approving said policies with General Star Insurance Company and rescinding Resolution No. 1992-578", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-609. RESOLUTIONS TO BE ADOPTED 100151 - Moved by Fox, seconded by Buck that "Resolution accepting and approving quit claim deeds for property located at 16 Franklin Street (Black Hawk County), and 86 Lafayette Street (Allen and Sylvia Grote) in conjunction with the Gateway Neighborhood Targeted Redevelopment Area", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-610. 100152 - Moved by Fox, seconded by Buck that "Resolution transferring from the Local Option Sales Tax Fund the sum of $35,949 to the Debt Service Fund", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-611. 100153 - Moved by Fox, seconded by Buck that "Resolution transferring from the Tax Increment Financing Fund the sum of $383,000 to the Debt Service Fund", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-612. 100154 - Moved by Fox, seconded by Buck that "Resolution transferring from the East Park Assessment District Fund the sum of $115,000 to the Debt Service Fund", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-613. 100155 - Moved by Fox, seconded by Buck that "Resolution transferring froaLthe Trust and Agency Fund the sum of $1,400,000 to the General Fund", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-614. 100156 - Moved by Fox, seconded by Buck that "Resolution accepting and approving quit claim deed for property located at 218 East Eleventh Street (Black Hawk County) in conjunction with the Rath Tax Increment Financing Redevelopment Area/Powers Manufacturing Expansion Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-615. ORDINANCES TO BE ADOPTED 100157 - Moved by Fox, seconded by Dell that "an Ordinance reducing the 60 foot platted building line to 20 feet for property generally located at the northwest corner of Progress Avenue and Crossway Drive --Ted Winninger", be received, placed on file, considered and passed for the second time. Ayes: Six. Nays: Angel. Motion carried. ""1 October 26, 1992 Ordinances to be Adopted - continued 100158 - Moved by Angel, seconded by Buck Page 5 that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (74) Westfield Avenue of Section 541, Increasing Speed Limits in Certain Areas, in its entirety; and enacting in lieu thereof a new Subsection (74) Westfield Avenue of Section 541, Increasing Speed Limits in Certain Areas; and repealing Subsection (2) Jefferson Street of Section 567, Four Hour Parking, in its entirety; and by repealing Subsection (183) Jefferson Street of Section 551, Parking Prohibited at All Times on Certain Streets; and enacting in lieu thereof a new Subsection (183) Jefferson Street of Section 551, Parking Prohibited at All Times on Certain Streets (redefining speed limits for Westfield Avenue and placing no parking zone on the northeast side of Jefferson Street from West Mullan to Westfield Avenue)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 100159 - Moved by Buck, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 100160 - 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: Seven. Motion carried. 100161 - Moved by Budak, seconded by Wright that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (74) Westfield Avenue of Section 541, Increasing Speed Limits in Certain Areas, in its entirety; and enacting in lieu thereof a new Subsection (74) Westfield Avenue of Section 541, Increasing Speed Limits in Certain Areas; and repealing Subsection (2) Jefferson Street of Section 567, Four Hour Parking, in its entirety; and by repealing Subsection (183) Jefferson Street of Section 551, Parking Prohibited at All Times on Certain Streets; and enacting in lieu thereof a new Subsection (183) Jefferson Street of Section 551, Parking Prohibited at All Times on Certain Streets (redefining speed limits for Westfield Avenue and placing no parking zone on the northeast side of Jefferson Street frono.West Mullan to Westfield Avenue)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3895. BILLS PAYMENT 100162 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-57, in the amount of $2,902,779.42, dated October 26, 1992, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Abstain: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-616. Travel Requests 100163 - Moved by Buck, seconded by Wright that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Frank Magsamen, Assistant Fire Chief, and Dennis. Duggan, Battalion Chief, to attend Werner -Herbison -Padgett Company Training Towers for the Hazardous Materials Regional Training Center in Madison, Wisconsin on October 22-23, 1992, with costs not to exceed $100.00, each, including the use of city vehicle. Motion carried.. October 26, 1992 Page 6 MISCELLANEOUS 100164 - Moved by Buck, 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 and application for license for distress sale and applications for license for recycling yard be received, placed on file and approved: 1. Beer License Permit Application Class E Fleagle Foods, 2834 Ansborough Avenue (Renewal) (Expires 11/6/93) (Includes Sunday Sales) 2. Beer License Permit Application Class C Fast Track, 1622 University Avenue (Renewal) (Expires 11/16/93) (Includes Sunday Sales) Holiday Stationstore #207, 1602 LaPorte Road (Renewal) (Expires 11/20/93) (Includes Sunday Sales) 3. Beer/Liquor License Permit Application Class C Club Odyssey, 120 Sumner Street (Renewal) (Expires 11/5/93) (Includes Sunday Sales) El Charro Restaurant, 302 West 4th Street (Renewal) (Expires 11/09/93) Z's Seven Seas, 3937 W. Airline Highway (Renewal) (Expires 11/1/93) 4. Beer/Liquor License Permit Application Class A Supervisors Club Inc., 3265 DeWitt Road (Renewal) (Expires 11/9/93) (Includes Sunday Sales) 5. Liquor License Permit Application Class A Hy -Vee, 306 Byron (Renewal) (Expires 11/21/93) (Includes Sunday Sales) Application for License for Distress Sale Lippert Camera Co., Inc., 314 E. 4th Street --December 19, 1992 Application for License for Recycling Yard Stuber Enterprises, Inc., 275 Rampart Lane Waterloo Auto Parts Inc., 1501 Grandview Motion carried. BONDS 100165 - Moved by Wright, seconded by Budak that the report of City Attorney andlist of bonds filed with the Clerk/Auditor through October 26, 1992, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 100166 - Lloyd Marlatt, 12.38 Ann Street, presented pictures showing a drainage ditch that has not been cleaned out for sometime. The Street Department has been contacted but has taken no action to date. He asked that the situation be reviewed. Moved by Buck, seconded by Wright that the above oral comments be received, placed on file and that the Council adjourn at 7:49 p.m. Motion carried. Larry P . Burger City Clerk/Auditor