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HomeMy WebLinkAbout08/17/92August 17, 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 August 17, 1992. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Lemke. Invocation by: Councilperson Willie Mae Wright Pledge of Allegiance: Superintendent of Water Pollution/Flood Control Gary Simmons. 99816 - Moved by Buck, seconded by Wright that the Agenda, as amended, for the Regular Session on Monday, August 17, 1992, at 7:00 p.m., and the Minutes of the Regular Session of Monday, August 10, 1992, at 7:00 p.m., be accepted and approved. Motion carried. Jim Volgarino, Chairman of the Board of the Waterloo Chamber of Commerce, expressed the Chambers' support of Mr. Don Miller's proposal to encourage businesses and citizens of our community to contribute $100 toward the City's deficit. In addition to his support and encouragement of others to participate, he presented a check in the amount of $100 from the Waterloo Chamber of Commerce and an additional $100 from Pioneer Graphic Arts Center. Mayor Manning read a Proclamation declaring that equal opportunity is the right of all citizens, regardless of gender, and to encourage all voters to exercise their responsibility by being informed and voting on the issue of the Equal Rights Amendment. ADJOURNED HEARING 99817- Mayor Manning stated that the time had arrived to hold the hearing adjourned on Monday, August 10, 1992, on the request of Jim Blackledge, Jr. and Howard Allen to rezone from "R-2" One and Two Family Residence District to "C -Z" Conditional Zoning District property generally located at West Ninth Street and Williston Avenue to use the former Daisy Maid Store as a prescription drug store and to build an ice cream store on the vacant lot to the west and asked for oral and written objections (see CR 99787 of August 10, 1992). Jim Blackledge, Jr., applicant to rezone from "R-2" One and Two Family Residence to "C -Z" Conditional Zoning property located at West Ninth and Williston Avenue, asked that said request be withdrawn from Council consideration. Moved by Dell, seconded by Wright that said request be received, placed on file and said request be withdrawn from Council consideration at the request of the applicant. Motion carried. 99818 - Mayor Manning stated that it was time to hold the hearing adjourned on Monday, August 10, 1992, on the request of Jim Blackledge, Jr. and Max Guernsey to rezone from "S-1" Shopping Center District to "C -Z" Conditional Zoning property generally located at 335-341 Fletcher Avenue for use as a wholesale bakery to include retail sales and asked for oral and written objections (see CR 99789 of August 10, 1992). Jim Blackledge, Jr., applicant to rezone from "S-1" Shopping Center District to "C- Z" Conditional Zoning property located at 335-341 Fletcher Avenue, asked that action on this item be tabled indefinitely. Moved by Wright, seconded by Budak that said request be received, placed on file and said rezoning request be tabled indefinitely at the request of the applicant. Motion carried. Wayne Vickery, 1021 Forest Avenue, asked for clarification on action on the first adjourned hearing. Mayor Manning stated that the applicant had withdrawn the request and the Council concurred. HEARINGS AND BIDS 99819 - Moved by Buck, seconded by Lemke that proof of publication of notice of public hearing on plans, specifications, form of contract, etc. and taking of bids for the F.Y. 1992 Crossroads Drainage Improvements --Sarah Drive Culvert, Contract No. 439, as published in the Waterloo Courier on August 3, 1992, be received and placed on file. Motion carried. August 17, 1992 Page 2 Hearings and Bids - continued 99820 - 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 Wright that "Resolution confirming the approval of plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-460. 99821 - Moved by Budak, seconded by Fox that "Resolution ordering construction", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-461. 99822 - Moved by Fox, seconded by Angel to receive, file and instruct Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (see CR 99865 for award of contract): Bidder Iowa Bridge & Culvert, Inc., Washburn, IA Iowa Culvert Builders, Sigourney, IA Peterson Contractors, Inc., Reinbeck, IA Rampart Corporation, Waterloo, IA Youngblut Contracting, Inc., Washburn, IA Motion carried. 99823 - Moved by Wright, seconded by Angel Bid Bond 5% 5% 5% 5% 5% Bid Amount $158,342.10 $147,609.65 $147,972.13 $138,099.63 $112,671.25 that proof of publication of notice of public hearing on plans, specifications, form of contract, etc. and taking of bids for the F.Y. 1993 Sidewalk Repair Assessment Program - Zone 4, Contract No. 441, as published in the Waterloo Courier on August 4, 1992, be received and placed on file. Motion carried. 99824 - 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 Budak, seconded by Wright that "Resolution confirming the approval of plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-462. 99825 - Moved by Dell, seconded by Budak that "Resolution ordering construction", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-463. 99826 - Moved by Angel, seconded by Fox to receive, file and instruct Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (see CR 99866 for award of contract): Bidder B & B Builders & Supply, Waterloo, IA Borwig Building Service, Waterloo, IA Dolan Concrete & Masonry, Inc., Waterloo, IA Happel Excavating, Inc., Waverly, IA Motion carried. Bid Bond 5% 5% 5% 5% Bid Amount $62,583.84 $58,353.08 $57,719.27 $62,294.84 August 17, 1992 Page 3 Hearing and Bids - continued 99827 - Moved by Buck, 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 F.Y. 1992 Intercity Interceptor, Stage IX, West 18th Street to West 7th Street, Contract No. 432, as published in the Waterloo Courier on August 3, 1992, be received and placed on file. Motion carried. 99828 - 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 Angel that "Resolution confirming the approval of plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-464. 99829 - Moved by Budak, seconded by Lemke that "Resolution ordering construction", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-465. 99830 - Moved by Angel, seconded by Wright to receive, file and instruct Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (award delayed until August 24, 1992): Bidder Bid Bond Bid Amount Barbarossa and Sons, Osseo, MN 5% $3,115,787.92 Johnson Bros. Corporation, Litchfield, MN 5% $2,581,315.11 Langman Construction, Inc., Rock Island, IL 5% $4,016,108.80 Rampart Corporation, Waterloo, IA 5% $3,598,774.75 Van Hauen & Associates, Inc., Clive, IA 5% $3,723,655.80 Motion carried. HEARINGS 99831 - Moved by Dell, seconded by Angel that proof of publication of notice of public hearing on five year lease purchase and maintenance agreement with Data General Corporation for computer system upgrade on behalf of the Black Hawk County Criminal Justice Information System (CJIS) for the Police Department, as published in the Waterloo Courier on August 7, 1992, be received and placed on file. Motion carried. 99832 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Police Chief Bernal Koehrsen stated that funds are budgeted in his operating budget for the $723 per month lease for said equipment. He stated that the equipment is necessary for the upgrade of the Police Department computer system as it interfaces with the participants of CJIS (Evansdale Police Department, Black Hawk County Sheriff's Department, and Cedar Falls Police Department). Moved by Buck, seconded by Wright that the hearing be closed and oral comments be received and placed on file. Motion carried. 99833 - Moved by Budak, seconded by Lemke that "Resolution approving five year lease purchase and maintenance agreement with Data General Corporation for computer system upgrade on behalf of the Black Hawk County Criminal Justice Information System (CJIS) for the Police Department", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-466. August 17, 1992 Hearings - continued 99834 - Moved by Wright, seconded by Angel Page 4 that proof of publication of notice of public hearing on a proposed Tax Increment Financing District (TIF) surrounding the Waterloo Airport, as published in the Waterloo Courier on August 4, 1992, be received and placed on file. Motion carried. 99835 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Don Temeyer, Planning and Development Director, stated that the designation of a Tax Increment Financing District near the Airport is a joint effort of Ryan Development Group, the Airport Commission and the City of Waterloo. The boundaries of the area include a 30 acre tract of land owned by the Airport and may be optioned to Ryan Development. The purpose of the designation is to allow the expansion of existing business within the designated area and attract new business to the community by allowing the centralization of air, surface and rail services. A ten year time limit has been put on the designation. The Planning, Programming and Zoning Commission recommended approval of the request as it complies with the City's Land Use Plan and also was an element of the City's first Leap to the Future Plan. Rezoning of property owned by the Airport within the plan designation would be required for industrial development. Kathy Oberle, 710 Forest Avenue, stated that this was the second or third request for a Tax Increment Finance District and questioned whether the City would be retiring any of the existing TIFs. Don Temeyer, Planning and Development Director, noted that there are no retirements planned in the next few years. She asked that the citizens of this community be taken into account since the tax values are frozen within the boundaries, but the level of service the City must provide continues to increase. In response to a question from Ms. Oberle, Larry P. Burger, City Clerk/Auditor, stated that revenue generated from the downtown TIF is being used to pay off such public improvements as parking ramps, street improvements, Fourth Street bridge, demolition and acquisition. Mayor Manning stated that the City must view this designation as an attraction to industry and that most probably the companies would not locate here if incentives were not offered. He stated that the designation does not hurt anyone but eventually produces needed industry and revenue to the community. The Mayor also noted that even though the City has been criticized for incentives it has given to industries, this designation will allow each development to be reviewed and a customized incentive package be structured for each. Mr. Temeyer noted that light manufacturing, commercial and transportation related industries would be targeted. 7iyv2F1cu'h/if Councilperson Lemke said that he initially opposed the additional designation of Oa a Tax Increment Financing District on principle but has reviewed this request based on the following: 1) A ten year time limit has been placed on its designation, 2) The possibility of 700 to 750 jobs created by its designation, 3) The identification of need for a multi -modal transportation facility in the City's Leap to the Future Plan, 4) Attractiveness of the area due to proximity of transportation facilities, and 5) The area has remained vacant for over 40 years and nothing has happened. If such a designation attracts industry, the designation is important. Moved by Budak, 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. 99836 - Moved by Lemke, seconded by Wright that "Resolution approving said Plan", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-467. August 17, 1992 Hearings - continued 99837 - Moved by Buck, seconded by Dell Page 5 that "an Ordinance providing that general property taxes levied and collected each year on all property located within the Airport Multi -Modal Park Development Area in the City of Waterloo, Black Hawk County, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Redevelopment Project", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 99838 - Moved by Wright, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 99839 - Moved by Fox, seconded by Budak 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. 99840 - Moved by Angel, seconded by Wright that "an Ordinance providing that general property taxes levied and collected each year on all property located within the Airport Multi -Modal Park Development Area in the City of Waterloo, Black Hawk County, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Redevelopment Project", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3884. 99841 - Moved by Budak, seconded by Angel that proof of publication of notice of public hearing on request of Waterloo Warriors, Inc. to rezone from "R-2" One and Two Family Residence District to "C -Z" Conditional Zoning District property generally located at the former Greenbrier School, 1554 Oakwood, for use as a bingo parlor, as published in the Waterloo Courier on August 5, 1992, be received and placed on file. Motion carried. 99842 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Bob Stevenson, City Planner, reported that a petition of opposition had been received from 35 percent of the property owners lying within 250 feet of the request representing 5 property owners. A second petition has been received representing 57 percent of the property owners lying within 250 feet of the request in favor of the rezoning which represents 30 property owners. Eight property owners had no opinion. The Planning, Programming and Zoning Commission voted six to one to recommend approval of the rezoning subject to the following conditions: No on -street parking by patrons or operators of the bingo parlor. A hard surfaced off-street parking lot having no less than eighty (80) spaces. One (1) lighted wall sign on the east side of the school building not to exceed 30 square feet, one (1) 3'x5' portable sign facing Cedar Bend Street. The signs are to be lighted only during operating hours and the portable sign is to be removed after operating hours. The signs are not to carry any reference to bingo or any other form of gambling. Operating hours are from 6:00 p.m. to 10:00 p.m., Saturday, Sunday and Monday nights. No alcohol is allowed on the premises. Use of the school building is restricted to the bingo parlor and school related purposes. No other commercial uses are allowed. Six members of the City Council (3/4) are required to approve the rezoning based upon the petition of opposition. August 17, 1992 Hearings - continued Page 6 Councilperson Fox stated that this rezoning issue is not an issue of gambling or Christianity but is a zoning question and must be reviewed in light of its affects on neighbor traffic, noise, signage and other related issues. The City Council's role is to determine its validity based on the zoning issue. He stated that comments made by Elaine Jaquith, 810 Cornwall, challenging the Christianity of Councilmembers is not an issue. He asked that she not challenge him on his Christianity although he is a true Christian. Donna Epps, 1721 Franklin Street, stated that as a user of the Warrior Bingo Parlor on East Fourth Street, bingo players are not rowdy and do not loiter. The average age of bingo players is 50 years, and they do not drink or use dope. She asked for the Council's support of this program as it produces funds to support activities of our children. Tom Varney, 416 Ardmore Street, reported that proceeds from the Bingo Parlor support six booster clubs in the community, including East and West High, Columbus High, the Shark Swim Team, the Waterloo Warriors, and others. He reported that the club has lost its lease at its current facility at 310 East Fourth Street. There is urgency to the request since they must vacant the premises by August 31, 1992. He reported that on August 9, residents of the Greenbrier area, including the church, had been invited to the facility to address their questions and concerns. On August 10, the Planning, Programming and Zoning Commission approved the request subject to certain requirements and that the Waterloo School Board had approved a lease arrangement for the use of Greenbrier School on a six to one vote. They would like to begin operation at the site September 5. He also stated that the Warriors would like to use the word "Bingo" on their temporary sign during their first hour of operation each of the three evenings. City officials noted that temporary signs can only be used 90 days during any one calendar year at a single facility. Councilperson Dell questioned whether intermediate school facilities had been looked at or whether a more permanent setting, possibly a school that was opened and operational was looked at. He stated that perhaps a facility currently in use would have been less objectionable to the neighborhood. Mr. Varney reported that they had not looked at any intermediate facilities and only considered closed elementary facilities. Dr. Kimmet, Superintendent of Waterloo Schools, reported that the school currently has 21 empty buildings and has appointed a committee to review possible future uses of these facilities. Dr. Kimmet reported that when approached by the Warriors, a three year lease was negotiated based upon a written proposal provided by the Warriors. Mr. Kimmet stated that other groups have approached the school concerning the use of vacant facilities. Written proposals are reviewed by school officials and determined on an individual basis. Peg Fillio, Assistant Principal a West High, commended the parents of the Warriors bingo for their dedication and support of her activities at West. Many of the items that have been purchased through proceeds from the bingo would not have been possible without their support. They are an important supplement to tax support generated through the schools. Mike Sheeley, 945 East Donald Street and President of the East High Booster Club, reported that bingo players are a good group of people and that the workers conduct themselves in a business -like manner and are interested in maintaining a first rate operation. He urged the Council's passage of the rezoning request. Brian Cook, 227 Crestview Dive, spoke as a former beneficiary of Warrior bingo and now as a professional hockey player with the National Hockey League (NHL) and supported the efforts of the Warriors bingo. He stated that this is a voluntary effort and provided himself and many other students an opportunity to realize their full potential as an athlete. LaVerne Harris, 905 Gilbert Street, stated that as pastor of a local church he had approached the Waterloo School Board to rent the Greenbrier facility. They were offered a lease at a cost of $5,000 per month. He asked for justice on this matter and stated that his church group was clearly discriminated against in this August - September, 1990 incident. Linda Harris stated that she and her husband wish to locate a Christian school at the Greenbrier facility and went about the process with the School Board in a step- -by-step method as th. \prescribed. Again, she felt t''' this was unfair. August 17, 1992 Page 7 Hearings - continued Kathy Oberle, 710 Forest Avenue, stated her disappointment with the City Council, city and school. As a subsidized agency of the federal government, she stated that the Iowa State Gaming Commission would not allow the school to benefit or profit from the lease of the facility. She also stated that the school does not allow smoking in school facilities and also reported that Bill Kammeyer, a member of the Waterloo School Board, is a paid member of the Waterloo Warriors Board of Directors. She stated that the Council was crossing a "line of demarcation" by approving the rezoning. She asked the Council to do the right thing and not rush into a decision and to reassess the situation. Sharon Mott, 508 Greenbrier, stated that the school currently is an eyesore for the neighborhood and questioned why the Council would not approve it if residents in the area supported the Warriors' request. Eric Hoffman, 9215 Kimball Avenue and President of the Waterloo West Student Senate, spoke in support of the request. He pointed to Brian Cook, an NHL hockey player, as a prime example of the Waterloo Warriors Hockey Program. Rick McAnally, 941 Wendy Road and a member of the Board of Directors of the Waterloo Sharks, spoke in support of the program and the benefits it provides to this swim club. Without their support, the swim club's future would be in jeopardy. Ron Harris, RR 1, Denver, Iowa, spoke as a member of the Board of Directors of the Waterloo Church of Christ. He opposed any form of gambling, including bingo, due to the problems associated with it. He reported that it is illegal for kids to play bingo and that such an activity will bring more traffic, noise and danger to kids in the neighborhood. Donna Epps, 1721 Franklin Street, clarified that the gambling laws do allow minors to play bingo. Federal law states that a person must be 18 years old to play bingo on Indian reservations. L. C. Hennessey, 558 Montrose Drive, asked where the Christians were when the dog track was being proposed in the City. He suggested that the bingo parlor take over Waterloo Greyhound Park. Troy Sheeley, 945 East Donald Street and student senate president at East High, stated that although he is not a legal voter, he asked that the Council consider giving youth in this community an opportunity to prosper. Phyllis Mortensen, 511 Greenbrier, reported that eight people plus possibly three more are in opposition to the request. Mr. Stevenson noted that the City has received petitions as previously reported. She spoke in opposition to the request. She stated that this is a Christian issue and that this proposal brings more corruption to the community. She also stated that historically poor people spend more of their income on gambling, thus contributing to their ever decreasing quality of life. She stated that gambling spreads the disease of gambling, and should not be allowed next to a church. Gerald Baker, 104 Greenbrier, asked whether the neighborhood could expect more traffic than when the school was operational. Except for neighborhood residents driving to the facility, Mr. Stevenson noted that most users would probably use Cedar Bend Drive. Michael Moran, 1680 Golden Valley Drive, spoke against the proposal and stated that there are several deaf children in the area that may be at -risk with more traffic in the neighborhood. Robert Sieglaff, 914 West Third Street, suggested that the school pay property taxes since a business will be operating from the site. He also suggested that the school may be risking federal funds by allowing this operation. Mike Brown, 403 Norris Court, stated that the proposal was an attempt to enhance the neighborhood and that both factions are not far apart in that they both want to help kids. It was not the intention of the Warriors to be a detriment to the neighborhood nor fight the church. He felt that both groups could work together for the good of all. August 17, 1992 Page 8 Hearing - continued Scott Bender, 840 Newton Street and Vice President of the Waterloo Black Hawks, stated that within the Warrior bingo program, Waterloo risks losing hockey in their schools, which would be very unfortunate. Jim Varly, Denver, Iowa, stated that he worked with support groups at the Waterloo Church of Christ and had worked for the Department of Correctional Services in Waterloo and has seen gambling affect the lives of many people. Bingo is an innocent beginning to gambling and as a recovering gambling addict, he knows how difficult it is to recover. Jim Mortensen, 511 Greenbrier, spoke against the request. Moved by Buck, seconded by Dell that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and written and oral comments be received and placed on file. Motion carried. 99843 - Moved by Buck, seconded by Budak that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 39 to Section 2A -7N Conditional Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Prior to a vote on this motion, the following discussion was heard. Councilperson Angel stated that initially she was against the request due to its proximity to the church but has come to the same conclusion as Councilperson Fox and the Mayor that this is a vote on a zoning issue and the affects on the adjacent neighborhood. The Council has no authority over whether or not bingo is legal in our community. Dr. Kimmet responded to the remarks made by the Harrises on their request to use Greenbrier School for a church facility. He noted that no formal offer had been presented by the Harrises nor accepted by the School Board. Dr. Kimmet noted that the gambling license could be used at the facility without the need to rezone if the principle use was a permitted use in the area and gambling was incidental to its primary use. Councilperson Wright stated that she has had an open mind going into tonight's discussion but was somewhat disturbed by the comments made by the Harrises and their claim of discrimination on their offer to occupy the facilities. Otherwise, she did not have a problem with the request. She and Councilperson Fox stated that the School Board needs to address this issue in a timely fashion. Mayor Manning stated that if the rezoning is approved, users of the facility should be encouraged to use Cedar Bend Drive to reduce traffic in the neighborhood. A vote was taken on the above motion with the following result: Ayes: Seven. Motion carried. UNFINISHED BUSINESS 99844 - It was reported that the Public Works Committee had reviewed the request of the property owner at 325-327 Farrington Road who has now agreed to sign the agreement with the City. Said agreement states that the remaining sidewalk will be installed as required by the deed of dedication when Lot 26, Westbourne Terrace, Fourth Addition, is improved. Moved by Budak, seconded by Buck that 325-327 Farrington Road be deleted from the F.Y. 1993 Sidewalk Repair Assessment Program - Zone 4, Contract No. 441. Motion carried. (See CR 99778 of August 10, 1992). August 17, 1992 PETITIONS FROM PUBLIC 99845 - Moved by Fox, seconded by Buck Page 9 that communication from City Planner transmitting request of Watco Construction, Inc. to vacate, sell and convey a portion of Plymouth Avenue, east of Interstate 380/U.S. 218 for $6,690.60, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as September 8, 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. 1992-468. 99846 - Moved by Fox, seconded by Buck that communication from City Planner transmitting request of Harold and Ruthanne Rooff to vacate the sidewalk located at 325 West 13th Street, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as September 8, 1992, 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. 1992-469. 99847 - Moved by Fox, seconded by Buck that communication from City Engineer transmitting request of Lloyd M. Wixcel for a temporary concrete driveway to be located at 912 Vermont 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. 1992-470. 99848 - Moved by Fox, seconded by Buck that communication from Clerk/Auditor transmitting request of Maizie Bickley, 1423 Hawthorne Avenue, to approve a repayment plan for delinquent sewer and garbage fees, be received, placed on file and "Resolution approving said repayment plan", be adopted and Clerk/Auditor instructed to notify Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-471. REPORTS 99849 - Moved by Fox, seconded by Buck that the Report from Waterloo Housing Authority Ridgeway Towers and Section 8 Waterloo Housing Certificate Program --July 1992, be received and placed on file. Motion carried. DOCUMENTS 99850 - Moved by Fox, seconded by Buck that communication from Associate Engineer transmitting Change Order No. 1 for a net increase of $134,424.00 for work to be performed by Aspro, Inc. to rubblize and overlay Lillian Lane and Pauline Place and concrete patching on Conger Street in conjunction with the F.Y. 1992 Asphalt Overlay Program, Contract No. 433, be received, placed on file and approved and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 99851 - Moved by Fox, seconded by Buck that communication from Assistant City Engineer transmitting an Iowa Department of Transportation Application to Perform Work Within State Highway Right of Way to lower the former Chicago Northwestern railroad roadbed near the south city limits to allow for easier maintenance, 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. 1992-472. August 17, 1992 Documents - continued 99852 - Moved by Fox, seconded by Buck Page 10 that communication from Transportation Program Manager transmitting Supplemental Agreement No. 8 with Brice, Petrides -Donohue for design engineering services for development of wetland mitigation plans for Sixth Street Extension (East), IX - 6604(1) --79-07, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-473. RESOLUTIONS TO BE ADOPTED 99853 - Moved by Fox, seconded by Buck that "Resolution setting date of hearing as September 8, 1992, at 7:00 p.m. in the City Hall Council Chambers on sale and conveyance of property generally located at the northwesterly corner of West 9th and vacated Bluff Street to Arthur D. and June C. Mulnix for $900", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-474. 99854 - Moved by Fox, seconded by Buck that "Resolution renaming Reserve Road, the private street serving the Hartman Reserve Nature Center, to Reserve Drive", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-475. ORDINANCES TO BE ADOPTED 99855 - Moved by Wright, seconded by Angel that "an Ordinance vacating the 20 foot wide alley generally located northwesterly of West Fourth Street, between Wellington and Allen Streets--Hawkeye Institute of Technology", be received, placed on file, considered and passed for the third time. Ayes: Six. Abstain: Dell. Motion carried. 99856 - Moved by Angel, seconded by Fox that "an Ordinance vacating the 20 foot wide alley generally located northwesterly of West Fourth Street, between Wellington and Allen Streets--Hawkeye Institute of Technology", be adopted. Ayes: Six. Abstain: Dell. Ordinance adopted and upon approval by Mayor assigned No. 3885. BILLS PAYMENT 99857 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-58, in the amount of $653,956.34, dated August 17, 1992, copies of which are on file in the Clerk/Auditor's office", be adopted. Ayes: Five. Abstain: Fox, Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-476. NEW BUSINESS 99858 - Moved by Lemke, seconded by Budak that communication from City Planner transmitting an appeal from Chris and Angie Blumenstein to the decision of the Waterloo Historic Preservation Commission to deny their request to put siding on house located at 305 Prospect Avenue, together with recommendation of Planning, Programming and Zoning staff to uphold the Historic Preservation Commission's decision to deny request, be received, placed on file and appeal denied. Prior to a vote on the above motion, the following commencs were Heard: August 17, 1992 Page 11 New Business - continued Chris Blumenstein, 305 Prospect Avenue, stated that as relatively new citizens of our community, they purchased this home in October 1991 unaware that the property was within the Historic District designation. As a means to improve the neighborhood and not to change the overall character of the house, a permit to place vinyl siding on the structure was granted by the City on a Friday. The following Monday, a stop work order was issued by the Building Official. Painting would have been a cheaper option, but due to the deteriorating nature of the wood, siding was recommended. She noted that none of the contractors who provided bids were aware that siding was prohibited in the historical district. Kay Kober, attorney representing the Blumensteins, urged the Council to overrule the Historic Preservation Commission's decision and allow this young couple to proceed with improving their property. Mike Broshar, 3005 West Fourth and Chairperson of the Historic Preservation Commission, stated that the Commission did not act in an arbitrary and capricious manner when reviewing the facts of this situation. Mayor Manning questioned whether the Historic Preservation had considered changing the boundaries of the designated area to exclude the Blumenstein's property. Mr. Broshar responded that those structures with the greatest historic value had been designated within the area and any exclusion would lessen the significance of the district. Bob Stevenson, City Planner, noted that City staff had approached the State about deleting three of the homes, including the Blumenstein's, from the district but were not allowed to do so. Councilperson Wright stated that as an ex -officio member of the Commission the guidelines for the Historic Preservation Commission are very strict as required by state and federal laws. Susan Pearson, 202 Highland Boulevard and a member of the Commission, stated that the boundaries of the area were established for those home built prior to 1934. The boundaries will be expanded as structures are of sufficient age to be allowed within the historic area. She supported the Commission's recommendation to deny the request. Karen Keefe, 343 Prospect Avenue and President of the Highland Association, noted that they are actively taking steps to increase realtors' knowledge of the historic designation. Councilperson Lemke asked the City Attorney whether or not he may have a potential conflict of interest since he has served on various historical commissions and boards. City Attorney Jim Walsh stated that unless there is a direct interest with the Waterloo Historical Commission, there would not be a conflict. A vote was taken on the above motion with the following result: Ayes: Seven. Motion carried. Steve Sturtz, representing Team Siding, Inc., stated that he is out $4,000 due the Council's decision and asked that he be treated fairly by the City in this regard. He also reported that Rich Earles, Associate Planner, had discussed with the homeowners that the City possibly had some type of insurance to cover this situation. Rich Earles, Associate Planner, stated that the City has errors and omissions insurance, but did not know if this situation would be covered. 99859 - Moved by Budak, seconded by Lemke that communication from City Planner transmitting 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, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as September 8, 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. 1992-477. August 17, 1992 New Business - continued 99860 - Moved by Budak, seconded by Lemke Page 12 that communication from City Planner transmitting amendments to Ordinance No. 2479, Zoning Ordinance and Subdivision Ordinance regarding fees of Planning and Zoning Commission items, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as September 8, 1992, at 7:00 p.m. in the City Hall Council Chambers on the above amendments", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-478. 99861 - Moved by Budak, seconded by Lemke that communication from Mayor Al Manning transmitting reappointment of Milt Roth and Henry Zander to the Metropolitan Transit Authority Board of Trustees, with term expiration date of July 1, 1995, be received, placed on file and approved. Motion carried. TRAVEL REQUESTS 99862 - Moved by Wright, seconded by Buck that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved with Councilperson Budak abstaining on his request and request of Gary Simmons, Superintendent of Water Pollution/Flood Control, be tabled: 1. Gary Simmons, Superintendent of Water Pollution/Flood Control, to attend the Water Environment Federation's 65th Annual Conference & Exposition in New Orleans, Louisiana on September 20-24, 1992, with costs not to exceed $1,256.00. 2. Cammie Scully, Assistant Director of Waterloo Museum of Art, to attend and present at the Midwest Museums Conference in Milwaukee, Wisconsin on September 29 - October 3, 1992, with costs not to exceed $347.00, including the use of City vehicle. 3. Sang -Ki Han, Assistant City Attorney, to attend seminar for Examination of Abstracts in Iowa City, Iowa on September 11, 1992, with costs not to exceed $173.00. 4. Louis Cutwright, Building Official, to attend Certification Examination for Plans Examiner in Des Moines, Iowa on September 12, 1992, with costs not to exceed $120.00, including the use of City vehicle. 5. Councilperson Tony Budak to attend 69th Annual Congress of Cities and Exposition in New Orleans, Louisiana on November 28 - December 3, 1992, with costs not to exceed $1,235.00. 6. Ellen Laughlin and Steve Walker, Draftpersons, to attend Auto CAD Training Seminar in Waterloo, Iowa on August 31 and September 1, 1992, with costs not to exceed $395 each. 7. Terry J. Blank, Police Sergeant, to attend International Association of Law Enforcement Firearms Instructors Training Conference in Tampa, Florida, on September 20-25, 1992, with costs not to exceed $870.00, including the use of city vehicle. Motion carried. MISCELLANEOUS 99863 - Moved by Wright, seconded by Buck that the following beer and liquor license permit applications be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer & Liquor Control Department and application for going -out -of -business sale be received, placed on file and approved: August 17, 1992 Page 13 Miscellaneous - continued 1. Beer License Permit Application Class C Quik Trip, 117 San Marnan Drive (Renewal) (Expires 9/4/93) (Includes Sunday Sales) Lafayette Kerr McGee, 2100 Lafayette Street (Renewal) (Expires 9/24/93) (Includes Sunday Sales) 2. Beer/Liquor License Permit Application Class C Nino's, 3551 University Avenue (Renewal) )Expires 8/19/93) (Includes Sunday Sales) 929 Tap, 929 West 5th (Renewal) (Expires 9/1/93) (Includes Sunday Sales) 3. Liquor License Permit Application Class E Warehouse Market #27, 4026 Alexandria Drive (Renewal) (Expires 9/16/93) (Includes Sunday Sales) 4. Application for Outdoor Service Area National Cattle Congress/Waterloo Greyhound Park, 3250 Greyhound Park --August 21 and 22, 1992 Application for License for Going -Out -of -Business Sale Random Gift House, 302 Commercial (October 31, 1992) Motion carried. BONDS 99864 - Moved by Angel, seconded by Wright that report of City Attorney and list of bonds filed with the Clerk/Auditor through August 17, 1992, be received, placed on file and report and bonds approved. Motion carried. 99865 - City Engineer Eric Thorson stated that all City and federally funded projects have a goal of at least 5 percent for Minority Business Enterprise (MBE) and 1 percent Women Business Enterprise (WBE). Youngblut Contracting has a 2.3 percent MBE participation for this project. Moved by Buck, seconded by Fox that "Resolution authorizing award of contract to Youngblut Contracting, Inc. of Washburn, Iowa in the amount of $112,671.25 for F.Y. 1992 Crossroads Drainage Improvements --Sarah Drive Culvert, Contract No. 439", be adopted (see CR 99822 for bid opening). Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-479. 99866 - City Engineer Eric Thorson stated that all City and federally funded projects have a goal of at least 5 percent for Minority Business Enterprise (MBE) and 1 percent Women Business Enterprise (WBE). Dolan Concrete & Masonry, Inc. does not have the minimum requirement. Moved by Buck, seconded by Fox that "Resolution authorizing award of contract to Dolan Concrete & Masonry, Inc. of Waterloo, Iowa, in the amount of $57,719.27 for F.Y. 1993 Sidewalk Repair Assessment Program - Zone 4, Contract No. 441", be adopted (see CR 99826 for bid opening). Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-480. 99867 - Moved by Buck, seconded by Fox that award of contract for F.Y. 1992 Intercity Interceptor, Stage IX, West 18th Street to West 7th Street, Contract No. 432, be tabled (see CR 99830 for bid opening). Motion carried. August 17, 1992 Page 14 ORAL PRESENTATIONS 99868 - Shirley Koslowski, 816 Archer Avenue, thanked the Mayor for the proclamation on the Equal Rights Amendment (see CR 99816). Elaine Jaquith, 810 Cornwall Avenue, objected to the proclamation as read by the Mayor at the beginning of the meeting. She stated that if the City was willing to declare such proclamations, they could be assured that they would have other proclamations such as those relating to the right to life issue. Mayor Manning and Ms. Jaquith exchanged words concerning the proclamation. Phyllis Mortensen, 511 Greenbrier and representing the Black Hawk County Stop the ERA, also objected to the proclamation. Moved by Buck, seconded by Wright that the above oral comments be received, placed on file and the Council adjourn at 10:46 p.m. Motion carried. Larry P. Burger City Clerk/Auditor