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HomeMy WebLinkAbout 09/08/1992September 8, 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 September 8, 1992. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Fox, Angel, Buck, Wright, Lemke. Absent: Dell, Budak. Invocation by: Mayor Al Manning Pledge of Allegiance: Planning and Development Director Don Temeyer 99898 - Moved by Buck, seconded by Wright that the Agenda, as proposed, for the Regular Session on Tuesday, September 8, 1992, at 7:00 p.m., and the Minutes of the Regular Session on Monday, August 24, 1992, at 7:00 p.m., be accepted and approved. Motion carried. Mayor Manning read a proclamation declaring October 1, 1992 as BOOK IT! Day. Mayor Manning read a proclamation declaring September 12-19, 1992 as "Voter Registration Week" and presented it to Shirley Koslowski, President of the Black Hawk County League of Women Voters. HEARINGS AND BIDS 99899 - Moved by Angel, seconded by Wright that proof of publication of notice of public hearing on plans, specifications, form of contract, etc. and taking of bids for the Window on Waterloo, Phase I, Landscape Improvement Project, Highway 218 Corridor, as published in the Waterloo Courier on August 21, 1992, be received and placed on file. Motion carried. 99900 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Bob Stevenson, City Planner, stated that this contract includes grading, seeding and plantings for the Gateway Corridor located between Hawthorne Avenue and West 12th Street. There was no minority participation goals as a part of this project since the estimated cost is less than $100,000; however, a good faith effort is required by the contractor. Moved by Wright, seconded by Angel that "Resolution confirming the approval of plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Five. Absent: Dell, Budak. Resolution adopted and upon approval by Mayor assigned No. 1992-495. 99901 - Moved by Buck, seconded by Angel that "Resolution ordering construction", be adopted. Ayes: Five. Absent: Budak. Dell, Resolution adopted and upon approval by Mayor assigned No. 1992-496. 99902 - Moved by Angel, seconded by Fox to receive, file and instruct Deputy Clerk/Auditor to open and read bids and refer to City Planner for review and recommendation (award of contract delayed): Bidder Haugen Contractors, Forest City, IA Peterson Contractors, Inc., Reinbeck, IA Motion carried. HEARINGS 99903 - Moved by Fox, seconded by Buck that proof of publication Construction Inc. to vacate, Interstate 380/U.S. 218 for August 24, 1992, be received Bid Bond 5% 5% Bid Amount $136,067.00 $ 97,300.00 of notice of public hearing on request of Watco sell and convey a portion of Plymouth Avenue, east of a6,690.60, as published in the Waterloo Courier on nd placed on file. Motion carried. September 8, 1992 Page 2 Hearings - continued 99904 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Bob Stevenson, City Planner, noted that the two adjacent property owners have agreed that Watco Construction Inc. purchase said property with the retention of an access easement for the property owner to the north. The property is being sold based upon the assessed value of surrounding properties. 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. 99905 - Moved by Wright, seconded by Fox that "an Ordinance vacating a portion of Plymouth Avenue, east of Interstate 380/U.S. 218", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Dell, Budak. Motion carried. 99906 - Moved by Buck, seconded by Angel that proof of publication of notice of public hearing on request of Harold and Ruthanne Rooff to vacate the sidewalk adjoining property at 325 West Thirteenth Street, as published in the Waterloo Courier on August 24, 1992, be received and placed on file. Motion carried. 99907 - 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 Angel 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. 99908 - Moved by Angel, seconded by Fox that "an Ordinance vacating the sidewalk adjoining property at 325 West Thirteenth Street", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Dell, Budak. Motion carried. 99909 - Moved by Buck, seconded by Wright that proof of publication of notice of public hearing on request of Arthur and June Mulnix to sell and convey property generally located at the northwesterly corner of West Ninth Street and vacated Bluff Street for $900.00, as published in the Waterloo Courier on August 24, 1992, be received and placed on file. Motion carried. 99910 - 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 Buck, seconded by Fox that the request of Arthur and June Mulnix to sell and convey property generally located at the northwesterly corner of West Ninth Street and vacated Bluff Street be tabled indefinitely. Motion carried. 99911 - Moved by Wright, seconded by Fox that proof of publication of notice of public hearing on amendments to Zoning Ordinance No. 2479, as amended, as it pertains to fees charged for Planning, Programming and Zoning Commission and staff services, as published in the Waterloo Courier on August 24, 1992, be received and placed on file. Motion carried. September 8, 1992 Page 3 Hearings - continued 99912 HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Bob Stevenson, City Planner, stated that this would increase the application fee for zoning requests with a base rate plus a set amount of additional acres. The $75 application fee has not been raised at least in the last 15 years. 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. 99913 - Moved by Angel, seconded by Fox that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance as it pertains to fees charged for Planning, Programming and Zoning Commission and staff services", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Dell, Budak. Motion carried. 99914 - Moved by Buck, seconded by Angel that proof of publication of notice of public hearing on amendments to Subdivision Ordinance No. 2997 as it pertains to fees charged for Planning, Programming and Zoning Commission and staff services, as published in the Waterloo Courier on August 24, 1992, be received and placed on file. Motion carried. 99915 - 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 Angel, seconded by Buck 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. 99916 - Moved by Fox, seconded by Buck that "an Ordinance amending Subdivision Ordinance No. 2997, as it pertains to fees charged for Planning, Programming and Zoning Commission and staff services", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Dell, Budak. Motion carried. 99917 - Moved by Buck, seconded by Wright that proof of publication of notice of public hearing on request of Greater Black Hawk Habitat for Humanity, Inc. to convey property generally located at 424 Florence Street acquired from the Resolution Trust Corporation, as published in the Waterloo Courier on August 28, 1992, be received and placed on file. Motion carried. 99918 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Ann Wortham, a member of the Board of Directors of the Greater Black Hawk Habitat for Humanity, Inc., reported that the group will be renovating the property for future occupancy by a large family. The group is an international organization organized in 1976 whose purpose it is to eliminate poverty by providing low income individuals with owner occupied houses. The homeowner must agree to provide sweat equity into the project and agree to donate additional hours to renovate another property. It is not a give-away program and allows the property owner to finance a no interest mortgage loan. The work is performed by volunteers and has been very successful in the Waterloo area. They thanked the City Council for the opportunity to purchase said property, improve the neighborhood and place the property back on the tax rolls. Moved by Wright, seconded by Angel 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. September 8, 1992 Hearings - continued 99919 - Moved by Fox, seconded by Angel Page 4 that "Resolution conveying property generally located at 424 Florence Street to Greater Black Hawk Habitat for Humanity, Inc.", be adopted. Ayes: Five. Absent: Dell, Budak. Resolution adopted and upon approval by Mayor assigned No. 1992-497. 99920 - Moved by Buck, seconded by Wright that proof of publication of notice of public hearing on request to rezone from "A- 1" Agricultural District to "M-1" Light Industrial District property generally located on the north side of Airline Highway between Airport Boulevard and Wagner Road, as published in the Waterloo Courier on August 24, 1992, be received and placed on file. Motion carried. 99921 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Don Temeyer, Planning and Development Director, reported that this property is owned by the airport and is in conjunction with future development by Ryan Development Group. This industrial designation will coincide with property within the development area to the south. Height restrictions will be placed on the east side of the property to accommodate the airport approach zone. Moved by Buck, seconded by Angel 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. 99922 - Moved by Angel, seconded by Buck that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 272 to Section 2A-5 Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Dell, Budak. Motion carried. PETITIONS FROM PUBLIC 99923 - Moved by Angel, seconded by Fox that communication from City Engineer transmitting request of Jerold Walbaum for a temporary concrete driveway to be located at 1360 Holstein Place, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Dell, Budak. Resolution adopted and upon approval by Mayor assigned No. 1992-498. 99924 - Moved by Angel, seconded by Fox that communication from City Engineer transmitting request of Kurt Kastli for a temporary concrete driveway to be located at 713 Belle Street, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Dell, Budak. Resolution adopted and upon approval by Mayor assigned No. 1992-499. 99925 - Moved by Angel, seconded by Fox that communication from City Engineer transmitting request of Gretchen M. Biretz for a temporary concrete driveway to be located at 315 Euclid Avenue, together with recommendation of approval, be received, placed on file and 'Resolution approving said request", be adopted. Ayes: Five. Absent: Dell, Budak. Resolution adopted and upon approval by Mayor assigned No. 1992-500 September 8, 1992 Petitions from Public - continued 99926 - Moved by Angel, seconded by Fox Page 5 that communication from City Engineer transmitting request of W. M. Howard, Trinity Baptist Church, for a temporary concrete driveway to be located at 1198 Lindner Drive, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Dell, Budak. Resolution adopted and upon approval by Mayor assigned No. 1992-501. DOCUMENTS 99927 - Moved by Fox, seconded by Buck that communication from City Engineer transmitting Change Order No. 2 for a net increase of $34,382.00 for work to be performed by Cedar Valley Corporation in conjunction with F.Y. 1992 Street Reconstruction Program - 2, Contract No. 430, be received, placed on file and approved and Mayor and Deputy Clerk/Auditor authorized to execute same. Motion carried. 99928 - Moved by Fox, seconded by Buck that communication from City Planner transmitting Completion Report and Recommendation of Acceptance of Work performed by Cunningham Construction Co. in conjunction with West Fourth Street Sidewalk and Lighting Improvements, Contract No. 422, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Five. Absent: Dell, Budak. Resolution adopted and upon approval by Mayor assigned No. 1992-502. 99929 - Moved by Fox, seconded by Buck that communication from City Planner transmitting Maintenance Bond from Cunningham Construction Co. in conjunction with West Fourth Street Sidewalk and Lighting Improvements, Contract No. 422, be received, placed on file and approved. Motion carried. 99930 - Moved by Fox, seconded by Buck that communication from Transportation Program Manager transmitting an application for Iowa Department of Transportation Traffic Safety Improvement Program funds for installation of a traffic signal and all appurtenances for the intersection of Kimball Avenue and Brookeridge Drive, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Dell, Budak. Resolution adopted and upon approval by Mayor assigned No. 1992-503. 99931 - Moved by Fox, seconded by Buck that communication from Transportation Program Manager transmitting an application for Iowa Department of Transportation Traffic Safety Improvement Program funds for installation of a traffic signal control device at the intersection of Broadway Street and Wagner Road, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Dell, Budak. Resolution adopted and upon approval by Mayor assigned No. 1992-504. 99932 - Moved by Fox, seconded by Buck that communication from Transportation Program Manager transmitting an application for Iowa Department of Transportation Traffic Safety Improvement Program funds for installation of a traffic signal and appurtenances at the intersection of Ansborough Avenue and San Marnan Drive, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Dell, Budak. Resolution adopted and upon approval by Mayor assigned No. 1992-505. September 8, 1992 RESOLUTIONS TO BE ADOPTED 99933 - Moved by Angel, seconded by Buck Page 6 that communication from Deputy Clerk/Auditor transmitting Fiscal Year 1992 Street Finance Report be received, placed on file and "Resolution approving said report", be adopted and Deputy Clerk/Auditor instructed to file said report with the Iowa Department of Transportation. Ayes: Five. Absent: Dell, Budak. Resolution adopted and upon approval by Mayor assigned No. 1992-506. 99934 - Moved by Angel, seconded by Buck that "Resolution setting date of hearing as September 21, 1992 at 7:00 p.m. in the City Hall Council Chambers on sale and conveyance of property generally located in Block 1, Riverside Addition to Powers Manufacturing Company in conjunction with Rath Tax Increment Redevelopment Area/Powers Manufacturing Expansion Project", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Five. Absent: Dell, Budak. Resolution adopted and upon approval by Mayor assigned No. 1992-507. 99935 - Moved by Angel, seconded by Buck that "Resolution amending Resolution No. 1992-439, adopted August 3, 1992, authorizing sale and conveyance of a portion of the street right-of-way of East San Marnan Drive frontage road, east of Kimball Avenue to Quik Trip Corporation, an Oklahoma Corporation", be adopted. Ayes: Five. Absent: Dell, Budak. Resolution adopted and upon approval by Mayor assigned No. 1992-508. 99936 - Moved by Angel, seconded by Buck that "Resolution amending Ordinance No. 3885 and Resolution No. 1992-492 authorizing vacation, sale and conveyance of the 20 foot wide alley northwesterly of West Fourth Street between Wellington and Allen Streets to Hawkeye Institute of Technology to correct legal description", be adopted. Ayes: Five. Absent: Dell, Budak. Resolution adopted and upon approval by Mayor assigned No. 1992-509. 99937 - Deb Collett, Executive Director of the Waterloo Housing Authority, stated that the City of Waterloo was selected as one of ten cities in the United States for 25 units of the HOPE voucher program, which is an Elderly Independence Demonstration grant. The essence of the program is to allow elderly individuals to remain in their homes as long as possible, thus reducing the cost of institutionalization. An elderly individual would be eligible for such a unit if they receive two or more services from the community such as meals, homemaker/health aides, in home nursing visits, etc. Over the next five years, $167,000 of grant monies will be utilized for case management services and an additional $614,000 for renovation of said homes. Ms. Collett expressed her gratitude for receipt of said demonstration funds and the opportunity to work with area agencies, including Operation Threshold, to bring said project to fruition. Moved by Lemke, seconded by Fox that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, approving an application to the Department of Housing and Urban Development for 25 units of the HOPE for Elderly Independence Demonstration Program vouchers", be adopted. Ayes: Five. Absent: Dell, Budak. Resolution adopted and upon approval by Mayor assigned No. 1992-510. 99938 - Walt Stephenson, Director of the Metropolitan Transit Authority, urged the Council's adoption of a resolution urging Congress to resist attempts to reduce transit funds to non -urban states and communities such as Waterloo. Under the funding formula, Congress is attempting to shift tax dollars to large urban areas. This potential decrease of funds would be in addition to a 36 percent reduction in the last seven years of said funds to this City. If adopted, said resolution will be delivered to Iowa's congressional delegation, together with the other large cities in the state. dirs September 8, 1992 Resolutions to be Adopted - continued Moved by Lemke, seconded by Wright Page 7 that "Resolution urging the Iowa delegation to the U.S. Congress to resist all attempts to decrease formula transit assistance and to impress upon fellow members representing non -urban states that a transfer of federal assistance from formula programs to discretionary programs largely benefits a minority of states with large urban centers by shifting tax dollars and transit service away from non -urban states", be adopted. Ayes: Five. Absent: Dell, Budak. Resolution adopted and upon approval by Mayor assigned No. 1992-511. BILLS PAYMENT 99939 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-76, in the amount of $3,385,994.86, dated September 8, 1992, copies of which are on file in the Clerk/Auditor's office", be adopted. Ayes: Four. Abstain: Fox. Absent: Dell, Budak. Resolution adopted and upon approval by Mayor assigned No. 1992-512. NEW BUSINESS 99940 - Moved by Buck, seconded by Angel that communication from Waterloo Water Works Board of Trustees transmitting request of Patricia Saffold to certify $954.00 for work performed by the Waterloo Water Works at 504 Ankeny Street, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Dell, Budak. Resolution adopted and upon approval by Mayor assigned No. 1992-513. 99941 - Moved by Buck, seconded by Angel that communication from Superintendent of Traffic Operations transmitting recommendation to install a street light at the intersection of Louise Street and the newly constructed Mt. Village Drive, be received, placed on file and "Resolution approving installation of said light", be adopted and Deputy Clerk/Auditor instructed to notify Iowa Public Service of the same. Ayes: Five. Absent: Dell, Budak. Resolution adopted and upon approval by Mayor assigned No. 1992-514. Travel Requests 99942 - Moved by Buck, seconded by Angel that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved, with Councilperson Wright abstaining on Travel Request No. 5: 1. Sang -Ki Han, Assistant City Attorney, to attend Representing Iowa Government Bodies seminar in Iowa City on October 30, 1992, with costs not to exceed $175.50. 2. John Kehoe, Chief Electrical Inspector, to attend Western Section Conference for International Association of Electrical Inspectors as State Delegate in Cincinnati, Ohio on October 17-21, 1992, with costs not to exceed $866.30. 3. Tom Lanigan, Fire Lieutenant, to attend Fire/Arson Investigation School in Emmitsburg, Maryland on October 12-23, 1992, with costs not to exceed $180.00. 4. Mayor Al Manning, City Clerk/Auditor Larry Burger, and Planning and Development Director Don Temeyer to attend League of Iowa Municipalities 94th Annual Seminar in Waterloo, Iowa on September 24-25, 1992, with costs not to exceed $115.00, each. 5. Councilperson Willie Mae Wright to attend 69th Annual Congress of Cities and Exposition in New Orleans, Louisiana, on November 28 - December 2, 1992, with costs not to exceed $1,235.00. September 8, 1992 Page 8 Travel Requests - continued 6. Rich Earles, Associate Planner, to attend Professional Developers of Iowa Economic Development Finance Professional Certification Program in Des Moines, Iowa on September 21-25, 1992, with costs not to exceed $980.00, including the use of city vehicle. 7. Mayor Al Manning to attend 69th Annual Congress of Cities and Exposition in New Orleans, Louisiana, on November 28 - December 2, 1992, with costs not to exceed $435.00. Motion carried. MISCELLANEOUS 99943 - Moved by Buck, seconded by Angel that the following beer and liquor license permit application be received, placed on file and approved and endorsed application forwarded to the Iowa Beer and Liquor Control Department and cigarette permit application be received, placed on file and approved: 1. Beer/Liquor License Permit Application Class C Waterloo Yen Ching, 109 Commercial Street (Renewal) (Expires 9/11/93) (Includes Sunday Sales) Cigarette Permit Application One (1) Motion carried. BONDS 99944 - Moved by Angel, seconded by Wright that the report of City Attorney and list of bonds filed with the Clerk/Auditor through September 8, 1992, be received, placed on file and report and bonds be approved. Motion carried. ORAL PRESENTATIONS 99945 - Allen Gardner, 214 Glenwood, stated that the property located at 216 Glenwood is an eyesore and is in hazardous condition. It is located very close to his home, and would be in danger if said structure caught on fire. He said he was tired of looking at the property and asked the City to intervene. Jim Lindsey, Community Development Administrator, stated that they would begin the process of red tag and demolition. A property owner near the Litzkow property on Black Hawk Street stated that he defends the action of Mr. Litzkow and that recent articles in the Waterloo Courier were totally based on heresy. He said that the area residents who are complainers cannot even see the property and that Mr. Litzkow should be allowed to continue his operation. Sylvia Stetz, 924 Hudson Road, Cedar Falls, defended the appointment of James Boyd to the position of Human Rights Director and the recent positive experiences she has had with his assistance. She restated a letter addressed to Mayor Al Manning reporting that Mr. Boyd's professional knowledge has been helpful to her in her recent two firings since coming to Waterloo. She recommended that he be appointed to said position. Jim Ling, 118 Franklin Street stated that he has been harassed by his landlord and tenants of said property, including threats on his life. He asked that the Council intervene and assist him. Chief Koehrsen stated that he would assign an officer to the case and asked him to meet in the police station following the meeting. September 8, 1992 Page 9 Oral Presentations - continued Moved by Buck, seconded by Angel that the above oral comments be received, placed on file and the Council adjourn at 7:57 p.m. Motion carried. Larry P. Burger City Clerk/Auditor