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HomeMy WebLinkAbout10/12/92A October 12, 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 12, 1992. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Lemke. Invocation by: Councilperson Rose Angel Pledge of Allegiance: Troop 11 --Tim Perry and Jeremy Hansen 100077 - Moved by Buck, seconded by Wright that the Agenda, as proposed, for the Regular Session on Monday, October 12, 1992, at 7:00 p.m. and the Minutes of the Regular Session on Monday, October 5, 1992, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS 100078 - Moved by Angel, seconded by Buck that proof of publication of notice of public hearing on request of Mr. and Mrs. John Dixon to sell and convey property located at 315, 317 and 321 East Mullan Avenue for $2,700.00 in conjunction with the Gateway -Franklin Urban Renewal area, as published in the Waterloo Courier on October 5, 1992, be received and placed on file. Motion carried. 100079 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Mark Boesen, Assistant Community Development Administrator, noted that this property is located within the Gateway -Franklin Urban Renewal Area and is being purchased by an adjacent neighbor for side yard purposes and possible construction of a garage. Moved by Wright, seconded by Lemke that the hearing be closed and the recommendation of approval of the Community Development Board and oral comments be received and placed on file. Motion carried. 100080 - Moved by Dell, seconded by Fox that "Resolution authorizing sale and conveyance of property located at 315, 317 and 321 East Mullan Avenue to Mr. and Mrs. John Dixon for $2,700.00 in conjunction with the Gateway -Franklin Urban Renewal area", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. .Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-574. 100081 - Moved by Budak, seconded by Wright that proof of publication of notice of public hearing on request of Crystal Distribution Services to sell and convey property generally located in the 1300 block of Sycamore Street for $3,200.00, as published in the Waterloo Courier on October 5, 1992, be received and placed on file. Motion carried. 100082 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Mark Boesen, Assistant Community Development Administrator, noted that the sale consists of four parcels, three on Sycamore Street and one on Lafayette Street. They will be used for parking. The parcels have been appraised and the buyer has agreed to pay the appraisal price. Councilperson Lemke commended Crystal Ice for the investment they have made in the property and improving the neighborhood significantly. Moved by Buck, seconded by Dell that the hearing be closed and the recommendation of approval of the Community Development Board and oral comments be received and placed on file. Motion carried. October 12, 1992 Hearings - continued 100083 - Moved by Wright, seconded by Budak Page 2 that "Resolution authorizing sale and conveyance of property generally located in the 1300 block of Sycamore Street to Crystal Distribution Services for $3,200.00", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-575. UNFINISHED BUSINESS 100084 - Moved by Dell, seconded by Buck that communication from Executive Director of Iowa Northland Regional Council of Governments (INRCOG) transmitting request for an increase in allocation from $26,683 to $26,587 for Fiscal Year 1993 budget be received, placed on file and "Resolution approving said request", be adopted. Prior to a vote on this item, the following discussion was heard. Councilperson Budak stated he has a problem with increasing the certified budget amount by the proposed increase. It was noted that if approved, the expenditure would be paid from the City's contingency line item. Councilperson Lemke stated that this is a bill that has been presented to the City and should be paid. Councilperson Dell stated that he also has a problem with increasing the approved budget amount for INRCOG, and if approved, the City would be opening themselves up for additional requests from outside agencies. Mayor Manning stated that the assessed amount is based on a per capita designation and is much like dues paid to the National League of Cities or the Iowa League of Municipalities. Councilperson Dell stated that these matters should be clarified during budget time next year. Sharon Juon, Executive Director of Iowa Northland Regional Council of Governments, stated that it was her understanding that at the time the City approved the 3.5 percent across -the board decrease for outside agencies that INRCOG would not be affected by this since their subsidy is a dues or membership type fee. Councilperson Fox questioned Ms. Juon on what ability the City had to negotiate with them in the future. Ms. Juon distributed information regarding how INRCOG's membership dues will be expended in FY 1992, and that since INRCOG serves its member cities and counties and not individuals, there will be no reduction in services requested and provided even though their has been a decrease in population. They City's cancellation of its membership would be significant. Councilperson Dell questioned increasing staff salaries in times of tight budgets. With no further discussion, a vote was taken with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-576. DOCUMENTS 100085 - Moved by Wright, seconded by Budak that communication from City Engineer transmitting Change Order No. 1 for a net increase of $10,200 for work to be performed by the Iowa Department of Transportation to provide drainage work in Sherwood Park in conjunction with Highway 218 Construction, IX -218-7(70)--3P-07, be received, placed on file and approved and Mayor authorized to execute same. Motion carried. 100086 - In response to a question from Mel Smelser, 2235 Temple Avenue, City Engineer Eric Thorson stated that the change order increase reflects the actual rock excavation cost to the contractor. This is a difficult quantity to estimate; the City is responsible for paying for actual work completed. The contractor has clean up work to do; however, the City has withheld 5 percent of the contract until all work is completed. October 12, 1992 Documents - continued Moved by Wright, seconded by Budak Page 3 that communication from Assistant City Engineer transmitting Change Order No. 1 for a net increase of $57,751.30 for work to be performed by Kenko, Inc. in conjunction with F.Y. 1991 Intercity Interceptor, Stage VIII (Treatment Plant to West 18th Street), Contract No. 392, be received, placed on file and approved and Mayor authorized to execute same. Motion carried. 100087 - Moved by Wright, seconded by Budak that communication from Associate Engineer transmitting Completion Report and Recommendation of Acceptance of Work performed by Dolan Concrete & Masonry, Inc. in conjunction with F.Y. 1992 Sidewalk Repair Program - Zone 4, Contract No. 434, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-577. 100088 - Moved by Wright, seconded by Budak that communication from Associate Engineer transmitting Maintenance Bond from Dolan Concrete & Masonry, Inc. in conjunction with F.Y. 1992 Sidewalk Repair Program - Zone 4, Contract No. 434, be received, placed on file and approved. Motion carried. 100089 - Mayor Manning commended Insurance Coordinator Sue Fangman for an overall savings on the Public Officials and Police Liability policies of approximately $15,000. Moved by Wright, seconded by Budak - that communication from Insurance Coordinator transmitting recommendation to renew the Public Officials Liability policy with Scottsdale Insurance Company and Police Liability policy with General Star Insurance effective October 18, 1992 be received, placed on file and "Resolution approving said policies", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-578. 100090 - Moved by Wright, seconded by Budak that communication from Executive Director of the Waterloo Redevelopment Authority transmitting the request to extend the contract with Ninth Square Management Company, with no additional cost, to April 30, 1993, together with recommendation of approval, be received, placed on file and "Resolution approving said contract extension", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-579. RESOLUTIONS TO BE ADOPTED 100091 - Bob Stevenson, City Planner, noted that the adoption of this resolution will correct the legal description of a previously approved action and does not change the area to be rezoned. Moved by Buck, seconded by Budak that "Resolution amending Ordinance No. 3891, adopted September 14, 1992, authorizing the rezoning of the southerly 450 feet of Waterloo Municipal Airport property along the north side of West Airline Highway from "A-1" Agricultural District to "M-1" Light Industrial District to correct legal description", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-580. 100092 - Moved by Buck, seconded by Budak that "Resolution approving list of equipment and vehicle purchases for inclusion in the F.Y. 1993 Vehicle Equipment Purchase Program", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-581. October 12, 1992 Page 4 Resolutions to be Adopted - continued 100093 - Bruce Meisinger, Budget Analyst, stated that said bond monies will allow for the development of a central fuel storage station with the balance for the purchase of motor vehicles, pickups, ambulance, police cruiser and several other vehicles. Moved by Buck, seconded by Budak that "Resolution fixing date of hearing as October 26, 1992 at 7:00 p.m. in the City Hall Council Chambers on the proposition of loan agreement and the issuance of not to exceed $40,000 General Obligation Capital Loan Notes for a General Corporate Purpose", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-582. 100094 - Moved by Buck, seconded by Budak that "Resolution fixing date of hearing as October 26, 1992 at 7:00 p.m. in the City Hall Council Chambers on the proposition of loan agreement and the issuance of not to exceed $65,000 General Obligation Capital Loan Notes for a General Corporate Purpose", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-583. 100095 - Moved by Buck, seconded by Budak that "Resolution fixing date of hearing as October 26, 1992 at 7:00 p.m. in the City Hall Council Chambers on the proposition of loan agreement and the issuance of not to exceed $550,000 General Obligation Capital Loan Notes for an Essential Corporate Purpose", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-584. BILLS PAYMENT 100096 - Moved by Angel, seconded by Buck that "Resolution approving Schedule A918, pp. 1-24, in the amount of $1,773,389.05, dated October 12, 1992, copies of which are on file in the Clerk/Auditor's office" be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-585. NEW BUSINESS 100097 - Moved by Budak, seconded by Buck that communication from Mayor Al Manning transmitting reappointment of Fedon Petrides and Jim Lawrence to the Waterloo Redevelopment Authority, with term expiration date of October 13, 1996, be received, placed on file and approved. Motion carried. Travel Requests 100098 - Moved by Budak, seconded by Buck that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Anthony McGrane, Fire Fighter, to attend Liquified Natural Gas Emergencies Course in Ames, Iowa on October 13 - 15, 1992, with costs not to exceed $175.00, including the use of a city vehicle. Motion carried. October 12, 1992 MISCELLANEOUS 100099 - Moved by Budak, seconded by Buck Page 5 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/Liquor License Permit Application Class C The Press Box, 501 W. 4th Street (Renewal) (Expires 10/15/93) The Brown Bottle, 209 W. 5th' Street (Renewal) (Expires 10/21/93) (Includes Sunday Sales) Sky Room Comedy & Entertainment (Renewal) (Expires 10/24/93) (Includes Sunday Sales) Jet Tavern, 451 W. Parker (Renewal) (Expires 11/01/93) Motion carried. BONDS 100100 - Moved by Wright, seconded by Buck that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through October 12, 1992, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 100101 - Mel Smelser, 2235 Temple Avenue, announced the formation of the Riverview Park Community Betterment Association, which is designed to enhance the Mitchell Avenue sandpit area. As a first step, Saturday, October 17, at 10:00 a.m., neighbors will begin their clean up efforts. Police Chief Koehrsen, Public Works Director John Meyer, Parks & Forestry Director Rick Tagtow, Recreation Director Dean Myhr, and Mark Linda of the Black Hawk County Health Department have been contacted to assist. The group hopes to develop the area as a controlled park facility for use by families and fisherman. The group intends to take pictures of violators and follow through the court process. He invited the Mayor and City Council Members to the clean up day. Councilpersons Buck and Budak expressed their enthusiasm for this initiative. Councilperson Lemke questioned how the area could be designated as an official city park. LaVerne Droste questioned why he was cited for the use of a temporary sign on his property located at 1203 Fletcher Avenue, when other commercial areas are not penalized for lack of on-site water retention. Eric Thorson, City Engineer, stated that for any new building plan, the storm retention must be shown and constructed. The City is investigating the implementation of a permit when an existing parking lot is resurfaced or enlarged. Often times, the City is not advised of these updates and work is constructed before a drainage plan can be submitted or reviewed. Councilperson Angel questioned whether the Code Enforcement Officer enforces only the portable sign ordinance. Lou Cutwright, Building Official, stated that Roy Dixon investigates a variety of complaints, including zoning violations and junk cars in residential areas but concentrates his efforts in the downtown core area. Complaints are received by other city officials as well as the public. He does not enforce the ordinances indiscriminately. Councilperson Angel questioned whether there is a city ordinance requiring bicycles to have lights. This will be checked. Gary Clements, 277 North Hackett Road, questioned whether there was an embargo on North Hackett Road north of Rainbow Drive. He stated that drainage has become a significant problem in the neighborhood and that prior to issuing government housing permits, the problem of drainage should be addressed. Gary Schmitt, 270 North Hackett Road, has asked that the City consider a truck embargo on North Hackett but has been unsuccessful with previous administrations. He also stated that patching on North Hackett Road by City crews only addresses a small portion of the problem. The crew should complete the job right the first time and not have to come back three or four times. Mr. Scnmitt also questioned October 12, 1992 Page 6 Oral Presentations - continued what is happening with the pump station on North Hackett Road. John Meyer, Public Works Director, stated that the drainage in the North Hackett Road area would be relieved with the construction of an interceptor along the freeway from the downtown area to the airport. This has currently been identified as an unmet need in the Capital Improvements Program. Councilperson Angel stated that residents in the area have been paying higher sewer increases but have not received the benefits of the interceptor project. In response to a question from Councilperson Dell, Mr. Meyer reported that there are no intermediate solutions short of construction of an interceptor. A cost analysis on this construction project will be provided. This was not an eligible project under the federal highway substitution program. Mr. Meyer likened the problem in the North Hackett Road area to the storm water problem in the Garden and Ansborough Avenues area. Schmitt also stated that the Hackett Road culvert is too small, often flooding his property. He asked for the City's assistance in clearing the area. In response to a question from Councilperson Angel, Mr. Meyer noted that excess from the lift station is diverted to the creek during emergency situations and has been done under the auspices of the Department of Natural Resources. Brad Richards, 216 North Hackett Road, stated that the combined sewer system has been a problem in the area for many years causing a sewer backup in his basement in 1991 of a foot and a half. Moved by Buck, seconded by Wright that the above oral comments be received, placed on file and the Council adjourn at 8:13 p.m. Motion carried. Larry P. Burger City Clerk/Auditor