HomeMy WebLinkAbout08/09/93August 9, 1993
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 Monday, August 9, 1993. Mayor Albert C. Manning,
Jr. in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Lemke.
Invocation by: Councilperson Rose Angel
Pledge of Allegiance: Assistant Fire Chief Frank Magsamen
Mayor Al Manning read a proclamation declaring Sunday, August 29, 1993 as Sarcoidosis
Awareness Day.
101654 - Moved by Buck, seconded by Angel
that the Agenda, as proposed, for the Regular Session on Monday, August 9, 1993,
at 7:00 p.m., and the Minutes of the Regular Session on Monday, August 2, 1993,
at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried.
ASSESSMENT HEARING
101655 - Moved by Dell, seconded by Budak
that proof of publication of notice of public hearing on F.Y. 1994 Sidewalk Repair
Assessment Program - Zone 5, Contract No. 457, as published in the Waterloo
Courier on July 23, 1993 and July 30, 1993, be received and placed on file. Ayes:
Seven. Motion carried.
101656 - 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 Buck
that the hearing be closed. Ayes: Seven. Motion carried.
101657 - Moved by Buck, seconded by Angel
that "Proposed Resolution of Necessity, as amended, for the F.Y. 1994 Sidewalk
Repair Assessment Program - Zone 5, Contract No. 457", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-495.
HEARINGS
101658 - Moved by Angel, seconded by Wright
that proof of publication of notice of public hearing on request of Glenn Jerry
Hansen to vacate the utility easement generally located along the north boundary
line of 1814 Coachman Drive, as published in the Waterloo Courier on July 26,
1993, be received and placed on file. Ayes: Seven. Motion carried.
101659 - 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 Buck
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission be received and placed on file. Ayes: Seven.
Motion carried.
101660 - Moved by Fox, seconded by Dell
that "an Ordinance vacating the utility easement generally located along the north
boundary line of 1814 Coachman Drive", be received, placed on file, considered and
passed for the first time. Ayes: Seven. Motion carried.
101661 - Moved by Dell, seconded by Buck
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
August 9, 1993 Page 2
Hearings - continued
101662 - Moved by Angel, seconded by Fox
that the following ordinance be recorded as having been considered and passed for
the second and third times and now placed on its final adoption. Ayes: Seven.
Motion carried.
101663 - Moved by Fox, seconded by Angel
that "an Ordinance vacating the utility
boundary line of 1814 Coachman Drive",
Ordinance adopted and upon approval by
easement generally located along the north
be adopted. Ayes: Seven.
Mayor assigned No. 3960.
101664 - Moved by Budak, seconded by Lemke
that proof of publication of notice of public hearing on sale and conveyance of
property generally located at 1207 Logan Avenue to Kay F. Vance for $20,500, as
published in the Waterloo Courier on August 2, 1993, be received and placed on
file. Ayes: Seven. Motion carried.
101665 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections and there none.
Moved by Wright, seconded by Buck
that the hearing be closed. Ayes: Seven. Motion carried.
101666 - Moved by Buck, seconded by Fox
that "Resolution authorizing sale and conveyance of property generally located at
1207 Logan Avenue to Kay F. Vance for $20,500", be adopted and City Attorney
instructed to prepare and deliver a deed accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-496.
101667 - Moved by Wright, seconded by Angel
that proof of publication of notice of public hearing on issuance of not to exceed
$600,000 General Obligation Bonds for the acquisition and construction of water
slides, reconstruction, repair and improvement of Library, and disability access
improvements to former East Side Library, as published in the Waterloo Courier on
July 26, 1993, be received and placed on file. Ayes: Seven. Motion carried.
101668 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections.
L. C. Hennessey, 558 Montrose Drive, objected to the $350,000 costs of the
waterslides. They must be different than the ones he slid down all those years
by the river. He considered spending this amount of City money was somewhat
preposterous.
Councilperson Willie Mae Wright stated it wasn't for him or her but for the youth
of the community. She would rather see them using the slides than being out on
the streets.
Vernon Weems, 637 Independence Avenue, was not opposed to the sale but was
concerned with two uses of the money; $350,000 for the waterslides and $175,000
for repair and exterior renovation of the library. He feels that the waterslides
should be a joint venture with the private sector building the slides, and in
return the City would manage them, thereby freeing up bond money for other
purposes. In regard to the library renovations, he wondered if the City had
looked into the errors/omissions clause of the building contractor, architect and
manufacturer. City Attorney Jim Walsh stated the City is looking into this but
because the amount of time that has gone by is large, the statute of limitations
have probably run out.
Moved by Buck, seconded by Wright
that the hearing be closed and oral comments be received and placed on file.
Ayes: Seven. Motion carried.
August 9, 1993
Hearings - continued
Page 3
101669 - Moved by Angel, seconded by Buck
that "Resolution instituting proceedings to take additional action for the
authorization and issuance of not to exceed $600,000 General Obligation Bonds",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-497.
101670 - Moved by Dell, seconded by Buck
that proof of publication of notice of public hearing on the issuance of not to
exceed $700,000 General Obligation Bonds for the acquisition, construction and
equipping of Ice Facility, as published in the Waterloo Courier on July 26, 1993,
be received and placed on file. Ayes: Seven. Motion carried.
101671 HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections.
Vernon Weems, 637 Independence Avenue, stated that he was not opposed to the ice
facility but questioned how the City can bond $700,000 for a recreational facility
when we have layoffs in the Fire and Police Departments, a higher crime rate,
higher insurance costs for employees, and sewage rate increases. He said the
infrastructure is failing and the basic needs in the City are not being met. He
felt the burden for the ice facility should be borne by the private sector as it
serves a minority of people and the bond money could be better used elsewhere.
Councilperson Budak stated that the private sector (Young Family) has made a large
contribution in this facility with a $3 million gift.
Councilperson Dell pointed out that not everything should be borne by the private
sector. He stated that this is not only an ice arena but also a multi-purpose
facility with as much as 5,000 plus seating capacity for other events.
Mayor Manning pointed out that the arena will improve the quality of life and help
attract more people to the City to live, thereby solving the budget problems.
Kathy Oberle, 1101 Western, stated that due to the fund raising efforts of the ice
users group, the $700,000 bond level could be reduced before the actual sale of
bonds. Ms. Oberle presented a letter to the Mayor and Council on behalf of
citizens who raised money for a sports complex several years ago. The committee
requests the Council adopt a resolution transferring the $5,504.62 (plus any
accrued interest to date of closing) from the sports complex fund to the Young Ice
Arena fund.
Moved by Buck, seconded by Budak
that the hearing be closed and oral comments be received and placed on file.
Ayes: Seven. Motion carried.
101672 - Moved by Dell, seconded by Fox
that "Resolution instituting proceedings to take additional action for the
authorization and issuance of not to exceed $700,000 General Obligation Bonds",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-498.
PETITIONS FROM PUBLIC
101673 - Moved by Buck, seconded by Angel
that communication from City Engineer transmitting request of Ken E. Trimble for
a concrete driveway to be located at 965 Fletcher Avenue, 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. 1993-499.
August 9, 1993
Petitions from Public - continued
101674 - Moved by Buck, seconded by Angel
Page 4
that communication from Assistant City Engineer transmitting blasting permit
request from Carney Bridge & Demolition, Inc. of Dubuque, Iowa in conjunction with
Rath Packing Plant Demolition - Phase II, together with recommendation of
approval, be received, placed on file and approved. Ayes: Seven. Motion
carried.
REPORTS
101675 - Moved by Buck, seconded by Angel
that communication from Mayor Al Manning transmitting report regarding pro shop
operations be received and placed on file. Ayes: Seven. Motion carried.
DOCUMENTS
101676 - Moved by Buck, seconded by Angel
that communication from Assistant City Engineer transmitting Iowa Department of
Transportation Application to Perform Work Within State Highway Right -of -Way to
allow Quik Trip, 1104 Washington Street, (intersection of W. 9th and Washington
Streets) to install a monitoring well on the northeast shoulder of the southbound
lane of Highway 218, 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. 1993-500.
101677 - Moved by Buck, seconded by Angel
that communication from Associate Engineer transmitting Completion Report and
Recommendation of Acceptance of Work performed by Youngblut Contracting Inc. in
conjunction with F.Y. 1992 Crossroads Drainage Improvements -- Sarah Drive
Culvert, Contract No. 439, be received, placed on file and "Resolution approving
said document", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-501.
101678 - Moved by Buck, seconded by Angel
that communication from Associate Engineer transmitting Maintenance Bond from
Youngblut Contracting Inc. in conjunction with F.Y. 1992 Crossroads Drainage
Improvements -- Sarah Drive Culvert, Contract No. 439, be received, placed on file
and approved. Ayes: Seven. Motion carried.
101679 - Moved by Buck, seconded by Angel
that communication from City Planner transmitting an agreement with the Waterloo
Civic Foundation for construction of Young Arena, together with acceptance of
letter of agreement with Ice Users Group, together with recommendation of
approval, be received, placed on file and "Resolution approving said agreement",
be adopted and Deputy Clerk/Auditor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-502.
101680 - Moved by Buck, seconded by Angel
that communication from Acting Administrator of Community Development Board
transmitting a License Agreement with Midwest Gas and Crystal Distribution
Services, Inc. for the clean-up of the former Coal Gasification Plant generally
located off of Sycamore Street at the intersection of Elm Street (former Rath
property), together with recommendation of approval, be received, placed on file
and "Resolution approving said agreement", be adopted and Mayor and Deputy
Clerk/Auditor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-503.
August 9, 1993
Documents - continued
101681 - Moved by Buck, seconded by Angel
Page 5
that communication from Assistant City Engineer transmitting Iowa Department of
Transportation Application to Perform Work Within State Highway Right -of -Way for
Wal-Mart Stores, Inc. to provide one 10" R.C.P. pipe with flared end and rip -rap
and the earthwork necessary to allow the overflow from Sam's south detention basin
to flow into the north right-of-way ditch, in conjunction with the Sam's Club
project generally located between Kimball Avenue and Hawkeye Road, south of 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: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-504.
RESOLUTION TO BE ADOPTED
101682 - Moved by Buck, seconded by Angel
that "Resolution approving an application to the Iowa Department of Natural
Resources for Resource Enhancement and Protection (REAP) grant in conjunction with
Riverside Trail from Greenhill Road to Highway 58 Trail", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1993-505.
ORDINANCES TO BE ADOPTED
101683 - Moved by Buck, seconded by Dell
that "an Ordinance vacating a portion of the utility easement generally located
at the rear of 2733 Prescotts Drive --Brian Minard", be received, placed on file,
considered and passed for the third time. Ayes: Seven. Motion carried.
101684 - Moved by Angel, seconded by Wright
that "an Ordinance vacating a portion of the utility easement generally located
at the rear of 2733 Prescotts Drive", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3961.
101685 - Moved by Budak, seconded by Lemke
that "an Ordinance amending the 1991 Traffic Code by adding Section 571B, No
Parking 6:00 p.m. to 5:00 a.m. (limiting parking in the 900, 1000 and 1100 blocks
of East 4th Street from 6:00 p.m. to 5:00 a.m.)", be received, placed on file,
considered and passed for the third time. Ayes: Seven. Motion carried.
101686 - Moved by Dell, seconded by Fox
that "an Ordinance amending the 1991 Traffic Code by adding Section 571B, No
Parking 6:00 p.m. to 5:00 a.m. (limiting parking in the 900, 1000 and 1100 blocks
of East 4th Street from 6:00 p.m. to 5:00 a.m.)", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3962.
101687 - Moved by Buck, seconded by Fox
that "an Ordinance amending the 1988 Code of Ordinances establishing a minimum
General Fund balance", be received, placed on file, considered and passed for the
third time. Ayes: Six. Nays: Budak. Motion carried.
101688 - Moved by Fox, seconded by Wright
that "an Ordinance amending the 1988 Code of Ordinances establishing a minimum
General Fund balance", be adopted. Ayes: Six. Nays: Budak.
Ordinance adopted and upon approval by Mayor assigned No. 3963.
Page 6
August 9, 1993
Ordinances to be Adopted - continued
101689 - Moved by Dell, seconded by Fox
that "an Ordinance amending Zoning Ordinance No. 2479, as amended, as it pertains
to landscaping provisions", be received, placed on file, considered and passed for
the second time. Ayes: Seven. Motion carried.
101690 - Moved by Budak, seconded by Wright
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
101691 - Moved by Fox, seconded by Dell
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.
101692 - Moved by Wright, seconded by Buck
that "an Ordinance amending Zoning Ordinance No. 2479, as amended, as it pertains
to landscaping provisions", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3964.
BILLS PAYMENT
101693 - Moved by Angel, seconded by Wright
that "Resolution approving Schedule A918, pp. 1-51, in the amount of
$2,530,875.61, dated August 9, 1993, copies of which are on file in the
Clerk/Auditor's office", be adopted. Ayes: Seven.
Resolution addpted and upon approval by Mayor assigned No. 1993-506.
Travel Request
101694 - Moved by Buck, seconded by Wright
that the following travel request, with expenses not to exceed amount shown, be
received, placed on file and approved:
1. Mayor Al Manning to attend League of Iowa Municipalities 95th Annual Seminar
and Exhibit in Des Moines, Iowa on September 16-17, 1993, with costs not to
exceed $265.00.
Ayes: Seven. Motion carried.
MISCELLANEOUS
101695 - Moved by Buck, seconded by Wright
that the following beer and liquor license permit applications be received, placed
on file and approved and endorsed applications forwarded to the Iowa Beer and
Liquor Control Department:
1. Beer/Liquor License Permit Application
Class C
Bandits, 1927 Jefferson (Renewal) (Expires 8/7/94) (Includes Sunday Sales)
2. Liquor License Permit Application
Class E
Independence Avenue Liquors, 1825 Independence Avenue (Renewal) (Expires
8/14/94) (Includes Sunday Sales)
Ayes: Seven. Motion carried.
August 9, 1993
BONDS
101696 - Moved by Angel, seconded by Dell
Page 7
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through August 9, 1993, be received, placed on file and report and
bonds approved. Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
101697 - Councilperson Sammie Dell discussed the Sixth Street Extension Project as it
relates to the three properties on Glenwood and suggested this become an upcoming
Council agenda item as to where the residents of 305, 309 and 319 Glenwood stand
in selling their houses or if the City will purchase them for open space at
approximately $40,000 per household.
Kathy Oberle, 1101 Western, referred to an article in the Courier which the Police
Chief eluded to some comments that were supposedly made in an executive session.
She wanted to remind Council to be careful of the open meetings law and also
executive sessions. Councilperson Lemke stated that he had read the same article
and came down to listen to the tape and he stated that the Chief's comments were
incidental to the executive session.
Vernon Weems, 637 Independence Avenue, stated that last week's Council decision
allowing the Park Board to negotiate the pro shop contracts avoiding the bidding
process was a symptom of the good old boy network in Waterloo. He questioned
whether this was an inequity issue and violation of the equal opportunity of
employment. Black pros, other minorities, as well as women and senior citizens
are all being excluded by not having open bidding for the pro shop. He also
wanted to know why the personnel at the Water Pollution Control Plant were not
recognized by others than their own boss as reported in a Courier article on their
work in the recent flood threat in Waterloo. He suggested this could be done by
a special council resolution.
Mayor Manning reported the business representative of the Municipal Labor Union
353 wanted to make sure Council was aware that their employees were helping other
departments in the flood control efforts.
Forest Dillavou, 1725 Huntington Road, stated that many of the ideas of the
Citizens Reorganization and Budget Committees to save money have been shot down
or not listened to. He objected to the purchase of two lots near the Greenbelt
in that the current park is not being taken care of or maintained. This is not
a proper investment because it adds to the workload of park personnel who cannot
maintain the current levels.
Paul Jamieson, 915 West 1st Street, discussed the 600, 700 and 800 blocks of West
1st Street as they are in terrible condition. The alleys are also washed out,
West 2nd is full of potholes and Wellington is a disaster. He was wondering what
could be done for the residents in this area. Eric Thorson, City Engineer,
reported that much of this deterioration was due to contractors' trucks using the
streets as a route to and from 4th, 5th and 6th Streets construction. Mr. Thorson
will have the project engineer look into this, as to make it passible for
vehicles.
Councilperson Angel questioned the resurfacing of the University Avenue frontage
road in front of Maple Lanes especially between McDonald's and Wendy's. Mr.
Thorson stated they are looking at some different options available to repair this
and would probably know something by the end of the week. Also, it depends on the
weather cooperating.
Moved by Buck, seconded by Wright
that the above oral comments be received, placed on file and the Council adjourn
at 8:31 p.m. Ayes: Seven. Motion carried.
Tom Campbell
Deputy Clerk/Auditor