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HomeMy WebLinkAbout06/22/92June 22, 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 June 22, 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: Deputy Clerk/Auditor Michelle Temeyer 99547 - Moved by Buck, seconded by Angel that the Agenda, as proposed, for the Regular Session on Monday, June 22, 1992, at 7:00 p.m., and the Minutes of the Regular Session on Monday, June 15, 1992, at 7:00 p.m., be accepted and approved. Motion carried. PETITIONS FROM PUBLIC 99548 - The request of residents on Prescotts Drive in Southland Park to use city -owned property (known as Tract A) for private use was brought to the floor for discussion. Don Temeyer, Planning and Development Director, noted that City staff had received a complaint concerning the private use of this property. Several options have been discussed including the purchase of the land from the City, leasing a portion of Tract A from the City, allowing them to use it for certain private uses, or total removal of all private uses. Mr. Temeyer noted that in a flood plain, permanent structures such as storage sheds, storage of wood, or buildings are not allowed. Although the Park Department has no immediate plans for use of this property, it was the staff's recommendation that a portion of the property be sold to adjacent property owners. Continued private use of this tract would be precedent setting. Jim Homewood, 2703 Prescotts Drive, expressed his desire to continue use of the property. He has used the property for private use for the past five years and has maintained it like his own private yard. Councilperson Budak suggested tabling this item to allow further discussion with the neighbors. Mr. Temeyer noted that City staff would continue to work with property owners to arrive at a fair market price and work with the Park Department to determine future usage of the property. Moved by Budak, seconded by Fox that action on the request of property owners in Southland Park Addition to use City owned property for private use be tabled. Prior to a vote on this motion, the following discussion was heard. Brian Minard, 2733 Prescotts Drive, noted that some of the adjacent property in question may be rental property. Dave Alderman, 2805 Edgemont Avenue, requested clarification of the term "recreation use" of said property. A vote was taken on the above motion with the following result: Ayes: Seven. Motion carried. Don Temeyer, Planning and Development Director, noted that the 30 days given to the property owners to remove personal property will be extended as long as an amicable solution is being sought. DOCUMENTS 99549 - Moved by Angel, seconded by Buck that communication from Clerk/Auditor transmitting addendum to agreement for parking with Ron Weber and Associates, together with recommendation of approval, be received, placed on file and "Resolution approving said document", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-352. June 22, 1992 Documents - continued 99550 - Moved by Angel, seconded by Buck Page 2 that communication from Executive Director of Waterloo Housing Authority transmitting recommendation of award of service contract for elevator maintenance services for Ridgeway Towers Apartments, 225 W. Ridgeway Avenue, to Schumacher Elevator Co. in the amount of $85.00, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-353. 99551 - Moved by Angel, seconded by Buck that communication from Executive Director of Waterloo Housing Authority transmitting recommendation of award of service contract for trash collection for Ridgeway Towers Apartments, 225 W. Ridgeway Avenue, to Corkery Waste Disposal in the amount of $92.94, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-354. 99552 - Moved by Angel, seconded by Buck that communication from Executive Director of Waterloo Housing Authority transmitting recommendation of award of service contract for accounting for Ridgeway Towers Apartments, 225 W. Ridgeway Avenue, and Section 8 Programs IA05-E050-001/19 and IA05- V050-006/16 to Kopsa, Sylvester and Swanson in the amount of $279.00, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-355. 99553 - Moved by Angel, seconded by Buck that communication from Associate Engineer transmitting Completion Report and Recommendation of Acceptance of Work performed by Youngblut Contracting, Inc. in conjunction with F.Y. 1991 Crossroads Drainage Improvements, Contract No. 397, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-356. 99554 - Moved by Angel, seconded by Buck that communication from Associate Engineer transmitting Maintenance Bond from Youngblut Contracting, Inc. in conjunction with F.Y. 1991 Crossroads Drainage Improvements, Contract No. 397, be received, placed on file and approved. Motion carried. 99555 - Moved by Angel, seconded by Buck that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance from Cedar Valley Corporation of Waterloo, Iowa in the amount of $2,263,575.82 in conjunction with F.Y. 1992 Street Reconstruction Program - No. 2, Contract No. 430, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-357. 99556 - Moved by Angel, seconded by Buck that communication from City Planner transmitting Preliminary Plat of Crossroads Plat No. 4, together with Deed of Dedication and the recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said Preliminary Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-358. June 22, 1992 Documents - continued 99557 - Moved by Angel, seconded by Buck Page 3 that communication from City Planner transmitting Final Plat of Crossroads Plat No. 4, together with Deed of Dedication and the recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said Final Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-359. RESOLUTIONS TO BE ADOPTED 99558 - Moved by Budak, seconded by Fox that "Resolution approving Operation Budget Revision No. 2 for Fiscal Year 1992 for Ridgeway Towers Apartments, 225 West Ridgeway Avenue, acting as Public Housing Authority of the City of Waterloo, Iowa", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-360. 99559 - Moved by Budak, seconded by Fox that "Resolution setting date of hearing as July 6, 1992 at 7:00 p.m. in the City Hall Council Chambers on sale and conveyance of excess right-of-way generally located on the southeast corner of Ansborough Avenue and Janney Avenue, and adjacent to the Wonder Bread Store to Steven B. Miles for $40,000.00 in conjunction with Ansborough Avenue (North) Project", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-361. 99560 - Moved by Budak, seconded by Fox that "Resolution transferring from the Capital Project Funds the sum of $5,000.00 to the Planning and Development Agency of the General Fund (relating to property sale transactions for Interstate Substitution Projects)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-362. 99561 - Bruce Meisinger, Budget Analyst, noted that the transfers from the Road Use Tax Fund, Sewer Rental Fund and the Solid Waste/Recovery Facility Fund to the Personnel Department relates to expenses incurred by the Personnel Department for Civil Service related items. These are all legal uses of said funds. Councilperson Lemke noted that charge backs to other departments for services rendered has been a recommendation of past Citizens' Budget Review Committees. Moved by Budak, seconded by Fox that "Resolution transferring $2,631.22 from the Road Use Tax Fund, $4,360.40 from the Sewer Rental Fund, and $2,181.73 from the Solid Waste/Recovery Facility Fund to the Personnel Agency of the General Fund (personnel expenses related to civil service costs for Road Use Tax and Solid Waste vacancies)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-363. 99562 - Moved by Budak, seconded by Fox that "Resolution transferring from the Capital Project Funds the sum of $15,000.00 to the Planning and Development Agency of the General Fund (relating to property sale transactions for city -owned property)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-364. 99563 - Moved by Budak, seconded by Fox that "Resolution approving and providing for the execution of Housing and Community Development Block Grant Contract No. B -92 -MC -19-0008 with the U.S. Department of Housing and Urban Development (18th Year Community Development Block Grant)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-365. June 22, 1992 Page 4. Resolutions to be Adopted - continued 99564 - Mark Boesen, Community Development Assistant Administrator, noted that the 26 properties in question have been offered to the City by the Resolution Trust Company for future sale to low- and moderate -income families. This action would abate all special assessments on said properties and allow the RTC to transfer by Quit Claim Deed said properties to the City at a later time. Mr. Boesen noted that approximately 8 to 10 of the properties will require demolition; however, following demolition, said properties will be resold and rehabilitated. In response to a question from Forest Dillavou, 1725 Huntington Road, Mr. Boesen noted that the public will be advised of the sale of said properties and that a public hearing will be held. He also noted that the Community Development Board had been working with the RTC prior to the public auction held several weeks ago in the City. Moved by Budak, seconded by Fox that "Resolution approving abatement of special assessments for properties offered to the City of Waterloo by the Resolution Trust Company for low and moderate income families and located at 2206 Clearview, 315 Randall, 1306 Bertch, 105 St. Albans, 1103 Wellington, 929 Randolph, 1102 South, 922 Mulberry, 332 Newell, 1915-1917 Lafayette, 812 Logan, 401 Thompson, 1620 Mulberry, 316 Butler, 218 Glenwood, 424 Florence, 237 Mohawk, 602 Vinton, 1207 Logan, 925 Logan, 207 Park Road, 713 Kern, 716 West 9th, 79 Mulberry, 41 John and 924 Lafayette", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-366. 99565 - Moved by Budak, seconded by Fox that the plans, specifications, form of contract, etc., for Sixth Street Extension - West, Stage II, Allen Street to Wellington Street, HDP -9107(003)--71-07, be received, placed on file and "Resolution setting date of hearing as July 13, 1992, at 7:00 p.m. in the City Hall Council Chambers on above said project", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-367. 99566 - Moved by Budak, seconded by Fox that "Resolution authorizing certification against certain real property unpaid state rental inspection fees from the Fire Department", be adopted and Deputy Clerk/Auditor authorized to notify the Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-368. 99567 - Moved by Budak, seconded by Fox that "Resolution authorizing certification against certain real property unpaid life safety business inspection fees from the Fire Department", be adopted and Deputy Clerk/Auditor authorized to notify the Black Hawk County Treasurer of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-369. ORDINANCES TO BE ADOPTED 99568 - Moved by Buck, seconded by Wright that "an Ordinance renumbering Subsection (8) of Subsection (a) Defective Sidewalk of Section 33-71, Definitions, of Division 3, Sidewalk Inspection and Repair, of Chapter 33, Streets and Sidewalks, of the 1988 Code of Ordinances of the City of Waterloo, Iowa, as Subsection (9) thereof; and adding new Subsection (8) to Subsection (a) Defective Sidewalk of Section 33-71, Definitions, of Division 3, Sidewalk Inspection and Repair, of Chapter 33, Streets and Sidewalks, of the 1988 Code of Ordinances of the City of Waterloo, Iowa", be received, placed on file, considered and passed for the second time. Ayes: Five. Nays: Lemke. Abstain: Fox. Motion carried. June 22, 1992 Page 5 Ordinances to be Adopted - continued 99569 - Michelle Temeyer, Deputy Clerk/Auditor, noted that this ordinance change is a companion ordinance to an ordinance recently enacted by the Waterloo City Council relating to recycling (Ordinance No. 3864). This ordinance change relates to licensing and bond requirements and does not change any substantive issues relating to the operation of junk or auto salvage operation. This ordinance will combine the junk and auto salvage licenses into one license entitled "Recycling License" for an annual fee of $50. Councilperson Lemke suggested that tires and glass be added to the definition of recycling yards. The City Planning staff will review this request as it relates to the entire recycling ordinance. Moved by Buck, seconded by Angel that "an Ordinance repealing Chapter 21, Article II, Junk Dealers, and Article III, Junked Vehicles, of the 1988 Code of Ordinances of the City of Waterloo, Iowa, and enacting in lieu thereof a new Chapter 21, Recycling Yard", be received, placed on file, considered and passed for the first time with the inclusion of tires and glass in the definition of recycling yards. Ayes: Seven. Motion carried. BILLS PAYMENT 99570 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-51, dated June 22, 1992, in the amount of $499,329.12, 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. 1992-370. NEW BUSINESS 99571 - Moved by Angel, seconded by Wright to instruct City Engineer to prepare plans, specifications, form of contract, etc. for F.Y. 1993 Sidewalk Repair Block Grant Program, Zone 4, Contract No. 440, be received, placed on file and approved. Motion carried. 99572 - Moved by Angel, seconded by Wright that plans, specifications, form of contract, etc. for the F.Y. 1993 Sidewalk Repair Block Grant Program, Zone 4, Contract No. 440, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-371. 99573 - Moved by Angel, seconded by Wright that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as July 13, 1992, at 7:00 p.m. in the City Hall Council Chambers on the above project", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-372. MISCELLANEOUS 99574 - 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 and Liquor Control Department, and application for fireworks display be received, placed on file and approved: 1. Beer License Permit Application Class C Holiday Stationstore, 3260 University Avenue (Renewal) (Expires 7/4/93) (Includes Sunday Sales) June 22, 1992 Page 6 Miscellaneous - continued 2. Beer/Liquor License Permit Application Class C Pocket Lounge, 3295 University Avenue (Renewal) (Expires 6/26/93) (Includes Sunday Sales) Elks Club, 407 E. Park Avenue (Renewal) (Expires 7/1/93) (Includes Sunday Sales) Light House Lounge, 1307 West 5th Street (Renewal) (Expires 6/29/93) (Includes Sunday Sales) Knights of Columbus, 1955 Locke Avenue (Renewal) (Expires 6/30/93) (Includes Sunday Sales) V.F.W., 612 Jefferson Street (Renewal) (Expires 7/5/93) (Includes Sunday Sales) 3. Liquor License Permit Application Class E Hy -Vee, 2325 Crossroads Boulevard (Renewal) (Expires 7/22/93) (Includes Sunday Sales) Application for Fireworks Display Waterloo Diamonds Baseball Club (Municipal Stadium on July 17, 1992) Motion carried. BONDS 99575 - Moved by Angel, seconded by Budak that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through June 22, 1992, be received, placed on file and report and bonds be approved. Motion carried. ORAL PRESENTATIONS 99576 - Mel Smelser, 2235 Temple Avenue, asked that the City Council become more involved with requests considered by Black Hawk County for tax abatements. He noted that the request for abatement by a commercial property known as Russell's Automotive Service & Radiator Shop, 1918 Commercial Street, will be discussed by the Board of Supervisors on Tuesday, June 23, 1992 at 9:00 a.m. Brasley Lloyd Bullock, 3949 Sager Avenue, thanked the City for cutting weeds and general cleanup in the Sager Avenue Project area. He also stated that City Assessors approached him at his home noting that their purpose was to inspect for valuation purposes. Although the assessors did have identification, he felt that more advanced notice should be required. Mayor Manning noted that a City-wide appraisal is being conducted through the County Assessor's office and concerns should be addressed accordingly. Doug Ward, 632 West Mullan Avenue, thanked Councilperson Lemke for bringing to the public's attention the recent Waterloo Courier article regarding the speed in which garbage workers complete their routes. He also noted that as owner of property at 1705-07 Black Hawk Street, the cost of repairing an adjacent sidewalk was too high. He noted that he could not perform the necessary sidewalk repairs at said location. Mayor Manning noted that as a bonded contractor, he could perform the necessary repairs by obtaining the necessary permit through the City Engineer's office. Another concern of Mr. Ward's was the manner in which the City bills minimum sewer charges for multiple number of units in a residential structure. For example, he noted that a six-plex in one structure is charged six minimum fees when in fact each unit may only contain one occupant. He presented several examples of sewer bills containing various numbers of units. Michelle Temeyer, Deputy Clerk/Auditor, noted that in 1985 the City Council amended the current City ordinance to reflect the minimum charge for each residential unit regardless of number of occupants. Our current rate structure is based upon this larger number of units and any change would require Council action and significantly change the revenue stream to the sewer rental fund. Mayor Manning noted that in a recent communication from Sue Fangman, Insurance Coordinator, the City had realized a significant savings in its worker's compensation premium. The F.Y. 1993 Worker's Compensation Insurance has seen an 8.9 percent decrease this year resulting in a savings of $20,000. Cheryl Huddleston, Personnel Analyst, was acknowledged for her work on this savings. June 22, 1992 Page 7 Oral Presentations - continued Mayor Manning noted that the Mayor's Citizens Reorganization Committee will be conducting a public forum on Wednesday, July 1, 1992 at 7:00 p.m. in Petersen Town Hall at the Waterloo Recreation & Arts Center. The purpose of the forum will be to receive public input into possible reorganization efforts and efficiencies within City Government. He discouraged City staff, Department Heads, Board and Commission members from making their opinions known at this time. This input will be solicited at a later time and each group will be advised accordingly. Mayor Manning noted that a groundbreaking ceremony will be held on Tuesday, June 23, 1992 at 10:30 a.m. at Logan Plaza for an additional 6,000 square foot facility to include five shops. The public is invited to attend. James Hughes, owner/operator of Q & T Pharmacy, 920 West 5th Street, noted that City staff had promised two accesses during the reconstruction of Fifth and Sixth Street. He noted that only one access currently exist. City staff will review the crossings in the area and advise Mr. Hughes accordingly. Councilperson Dell noted that the City of Waterloo will be receiving $285,000 through the Job Training Partnership Act for youth employment in the community. This will be administered through JPTA. This is a definite plus for the community. Moved by Angel, seconded by Wright that the above oral comments be received, placed on file and the Council adjourn at 8:25 p.m. Motion carried. Larry P. Burger Clerk/Auditor