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HomeMy WebLinkAbout07/12/93July 12, 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, July 12, 1993. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Dell, Angel, Buck, Lemke. Absent: Fox, Wright, Budak. Invocation: A Moment of Silence Pledge of Allegiance: Don Temeyer, Planning and Development Director Mayor Manning read a proclamation declaring Tuesday, August 3, 1993 as National Night Out in Waterloo. 101492 - Moved by Buck, seconded by Lemke that the Agenda, as proposed, for the Regular Session on Monday, July 12, 1993 at 7:00 p.m., and the Minutes of the Regular Session on Tuesday, July 6, 1993 at 7:00 p.m., be accepted and approved. Ayes: Four. Absent: Fox, Wright, Budak. Motion carried. HEARINGS 101493 - Moved by Dell, seconded by Angel that proof of publication of notice of public hearing on request of Mike Regan to vacate the eight (8) foot utility easement along the north and east sides of property located at 419 Valley Drive, as published in the Waterloo Courier on June 29, 1993, be received and placed on file. Ayes: Four. Absent: Fox, Wright, Budak. Motion carried. 101494 - 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 Lemke that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission to vacate only the northerly eight (8) foot easement be received and placed on file. Ayes: Four. Absent: Fox, Wright, Budak. Motion carried. 101495 - Moved by Angel, seconded by Dell that "an Ordinance vacating the northerly eight (8) foot utility easement along the north side of property generally located at 419 Valley Drive", be received, placed on file, considered and passed for the first time. Ayes: Four. Absent: Fox, Wright, Budak. Motion carried. 101496 - Moved by Buck, seconded by Dell that proof of publication of notice of public hearing on request of Steve Lentzkow to vacate the eight (8) foot utility easement generally located along the southeasterly side of 1013 Belle Street, as published in the Waterloo Courier on June 29, 1993, be received and placed on file. Ayes: Four. Absent: Fox, Wright, Budak. Motion carried. 101497 - 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 Dell, 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. Ayes: Four. Absent: Fox, Wright, Budak. Motion carried. 101498 - Moved by Buck, seconded by Dell that "an Ordinance vacating the eight foot utility easement generally located along the southeasterly side of 1013 Belle Street, be received, placed on file, considered and passed for the first time. Ayes: Four. Absent: Fox, Wright, Budak. Motion carried. • July 12, 1993 Hearings - continued 101499 - Moved by Angel, seconded by Buck Page 2 that proof of publication of notice of public hearing on request of Molo Oil Company to vacate, sell and convey the east -west alley generally located between W. First Street and W. Mullan Avenue, north of Jefferson Street for $13,140.00, plus costs, as published in the Waterloo Courier on June 29, 1993, be received and placed on file. Ayes: Four. Absent: Fox, Wright, Budak. Motion carried. 101500 - 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 the Planning, Programming and Zoning Commission had unanimously recommended approval of this vacation. All adjacent property owners have signed a petition in support. The sale price of $2.19 per square foot is based upon the assessed value of the property. Moved by Buck, seconded by Dell 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. Ayes: Four. Absent: Fox, Wright, Budak. Motion carried. 101501 - Moved by Dell, seconded by Angel that "an Ordinance vacating the east -west alley generally located between West First Street and West Mullan Avenue, north of Jefferson Street", be received, placed on file, considered and passed for the first time. Ayes: Four. Absent: Fox, Wright, Budak. Motion carried. 101502 - Moved by Angel, seconded by Buck that proof of publication of notice of public hearing on request of Grace United Methodist Church, 633 Walnut Street, to vacate the remaining 240 feet of the north -south alley generally located along the easterly side of the parking lot and to sell and convey the 300 foot north -south alley generally located along the easterly side of Grace United Methodist Church parking lot for $1,000.00, as published in the Waterloo Courier on June 29, 1993, be received and placed on file. Ayes: Four. Absent: Fox, Wright, Budak. Motion carried. 101503 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Bob Stevenson, City Planner, noted that with the construction of the Sixth Street Extension, the new entrance to Grace United Methodist Church will be at the north end of the alley along Vine Street. The Planning, Programming and Zoning Commission recommended approval of said request. Moved by Dell, 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: Four. Absent: Fox, Wright, Budak. Motion carried. 101504 - Moved by Angel, seconded by Dell that "an Ordinance vacating the remaining 240 feet of the north -south alley generally located along the easterly side of the parking lot at 633 Walnut Street", be received, placed on file, considered and passed for the first time. Ayes: Four. Absent: Fox, Wright, Budak. Motion carried. 101505 - Moved by Buck, seconded by Angel that proof of publication of notice of public hearing on request of Comprehensive Systems, Inc. on amendments to Zoning Ordinance, Ordinance No. 2479, as amended, as it pertains to allowing group homes for the mentally retarded to have intermediate care for up to eight people in all residential areas, as published in the Waterloo Courier on June 29, 1993, be received and placed on file. Ayes: Four. Absent: Fox, Wright, Budak. Motion carried. July 12, 1993 Page 3 Hearings - continued 101506 - 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 this proposed ordinance change would allow group homes for the mentally retarded to have intermediate care for up to eight people in all residential zones in the community. This ordinance is in conformance with state code and is similar to a recent ordinance adopted by the Cedar Falls City Council. The Planning, Programming and Zoning Commission recommended approval of said request. Charles Clute, 821 Meadow Lane, asked that the Council very carefully think over this proposal and why Comprehensive Systems, Inc. is proposing the construction of these units. As a non-profit organization, Exceptional Persons, Inc. has built many group homes in the community, utilizes city services, but pays no property taxes. He stated that the residents of these facilities are mostly out of state, and that this community has no control over who lives in such facilities. Ralph Smith, attorney representing Comprehensive Systems, Inc., stated that there have been some misconceptions aired this evening that needed clarification. He noted that most of the residents of the facilities will be Waterloo residents who are mentally retarded individuals. The construction of three additional group homes in Black Hawk County will generate dollars for salaries, purchase of equipment, groceries and medical services totalling approximately $750,000. A Certificate of Need is being processed through the state of Iowa that will identify the need for these facilities in the community. The proposed amendment also requires that a site plan be submitted assuring no adverse affects on traffic, adequate off-street parking, and densities. He noted that three such homes have been built in Cedar Falls, who has also adopted the proposed ordinance change. Rich Turpen, Executive Director of Comprehensive Systems, Inc. of Charles City, noted that most generally existing homes in the community are purchased that are large, three to four bedroom ranches, with appropriate parking and recreation areas. The homes are sprinkled for fire protection and are blended as much as possible into the residential setting of the neighborhood. In response to a question from Councilperson Lemke, it was noted that the residents living in these facilities are only able to leave the premises with assistance and supervision which is provided 24 hours a day. Charles Clute questioned where the money for the residences comes from. Mayor Manning stated that Black Hawk County is required by state law to provide assistance to mentally retarded individuals in its jurisdiction. Forest Dillavou, 1725 Huntington Road, urged the Council to disapprove this ordinance as the City cannot afford to lose more tax dollars to such a facility. In response to a question from Mayor Manning, Assistant City Attorney Sang -Ki Han noted that the City of Waterloo is required by federal law not to discriminate against these individuals and urged the Council's adoption of said ordinance. Moved by Buck, seconded by Angel 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. Ayes: Four. Absent: Fox, Wright, Budak. Motion carried. 101507 - Moved by Dell, seconded by Buck that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance as it pertains to allowing group homes for the mentally retarded to have intermediate care for up to eight people in all residential areas", be received, placed on file, considered and passed for the first time. Ayes: Four. Absent: Fox, Wright, Budak. Motion carried. July 12, 1993 Hearings - continued 101508 - Moved by Angel, seconded by Buck Page 4 that proof of publication of notice of public hearing on amendments to Zoning Ordinance No. 2479, as amended, as it pertains to creating an "H -C" Highway Corridor Overlay District along U.S. Highway 20 providing for open space and landscaping requirements, as published in the Waterloo Courier on June 29, 1993, be received and placed on file. Ayes: Four. Absent: Fox, Wright, Budak. Motion carried. 101509 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Doug Dillon, 807 Reber Avenue, supported the Council's action to table this ordinance amendment. This will allow an opportunity for City staff to address the concerns of Frank Hardie Advertising. Councilperson Buck suggested that the Council may wish to proceed with the moratorium on the construction of new signs on the Highway 20 Corridor in light of the anticipated construction of Sam's Discount Store. Moved by Dell, seconded by Lemke 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. Ayes: Four. Absent: Fox, Wright, Budak. Motion carried. 101510 - Moved by Buck, seconded by Lemke that the hearing on an Ordinance amending Ordinance No. 2479, as amended, as it pertains to creating an "H -C" Highway Corridor Overlay District along U.S. Highway 20 providing for open space and landscaping requirements be adjourned to August 2, 1993. Ayes: Four. Absent: Fox, Wright, Budak. Motion carried. 101511 - Moved by Buck, seconded by Lemke that "a Resolution declaring a moratorium on any construction along U.S. Highway 20 until the City Council approves an ordinance establishing the "H -C" Highway Corridor Overlay District", be adopted. Ayes: Four. Absent: Fox, Wright, Budak. Resolution adopted and upon approval by Mayor assigned No. 1993-436. PETITIONS FROM PUBLIC 101512 - Moved by Buck, seconded by Lemke that communication from City Planner transmitting request of Brian Minard to vacate a portion of the utility easement generally located at the rear of 2733 Prescotts Drive, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as July 26, 1993 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes: Four. Absent: Fox, Wright, Budak. Resolution adopted and upon approval by Mayor assigned No. 1993-437. DOCUMENTS 101513 - Moved by Buck, seconded by Lemke that communication from Transportation Program Manager transmitting Construction Engineering Contract with Wayne Claassen Engineering and Surveying, Inc. in conjunction with Shaulis Road Bridge, BRM -8155(1)--8N-07, and BRM -8155(2)--8N-07, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Acting Clerk/Auditor authorized to execute same. Ayes: Four. Absent: Fox, Wright, Budak. Resolution adopted and upon approval by Mayor assigned No. 1993-438. July 12, 1993 RESOLUTIONS TO BE ADOPTED 101514 - Moved by Buck, seconded by Lemke Page 5 that communication from Executive Director of Waterloo Housing Authority transmitting Replacement Section 8 Housing Voucher Contract IA05-V050-020 be received, placed on file and "Resolution approving said document", be adopted and Mayor authorized to execute same. Ayes: Four. Absent: Fox, Wright, Budak. Resolution adopted and upon approval by Mayor assigned No. 1993-439. 101515 - Moved by Buck, seconded by Lemke that communication from Executive Director of Waterloo Housing Authority transmitting Replacement Section 8 Certificate Contract IA05-E050-012 be received, placed on file and "Resolution approving said document", be adopted and Mayor authorized to execute same. Ayes: Four. Absent: Fox, Wright, Budak. Resolution adopted and upon approval by Mayor assigned No. 1993-440. 101516 - Moved by Buck, seconded by Lemke that communication from Executive Director of Waterloo Housing Authority transmitting LOCCS Voice Response System for Congregate Housing Services Program (CHSP) in conjunction with grant with U.S. Department of Housing and Urban Development for frail elderly tenants at Ridgeway Towers, 225 W. Ridgeway, be received, placed on file and "Resolution approving said document", be adopted and Mayor authorized to execute same. Ayes: Four. Absent: Fox, Wright, Budak. Resolution adopted and upon approval by Mayor assigned No. 1993-441. 101517 - Moved by Buck, seconded by Lemke that communication from Executive Director of Waterloo Housing Authority transmitting LOCCS Voice Response System for Comprehensive Improvement Assistance Program (CIAP) in conjunction with grant with U.S. Department of Housing and Urban Development for window replacement at Ridgeway Towers, 225 W. Ridgeway, be received, placed on file and "Resolution approving said document", be adopted and Mayor authorized to execute same. Ayes: Four. Absent: Fox, Wright, Budak. Resolution adopted and upon approval by Mayor assigned No. 1993-442. 101518 - John Meyer, Public Works Director, stated that the proposed plan of action is for improvements at the Water Pollution Control Plant and sanitary sewer improvements. The plan of action has been prompted by the City's renewal of its wastewater discharge permit and the rejection of a plan previously submitted by the City. This plan establishes a ten-year time frame for compliance with the new federal mandates at an approximate cost of $58 million. Normally, the Department of Natural Resources does not approve ten-year plans, most generally establishing a five-year compliance schedule. The plant improvements could be financed by raising the money up front or a 6 to 7 percent increase per year in sewer rates over the life of the bonds. Mr. Meyer also noted that a value engineering technique will be applied to the proposed improvements to assure that the work being proposed is correct and accurate. Councilperson Angel noted that not only are improvements needed at the plant but also the northwest interceptor to address the stormwater problems in her ward. Mr. Meyer pointed out that the plan does include this interceptor. Mr. Meyer noted that the plan incorporates as much flexibility as possible, although it does not guarantee approval by the state. Moved by Dell, seconded by Buck that communication from Public Works Director transmitting proposed plan of action for the Wastewater Treatment Plant Improvements, be received, placed on file and "Resolution approving said Plan", be adopted. Ayes: Four. Absent: Fox, Wright, Budak. Resolution adopted and upon approval by Mayor assigned No. 1993-443. • July 12, 1993 ORDINANCES TO BE ADOPTED 101519 - Moved by Dell, seconded by Buck Page 6 that "an Ordinance amending Chapter 20, Human Relations, of the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 20-19, One Hundred Twenty -Day Administrative Release, and enacting in lieu thereof a new Subsection 20-19, Sixty -Day Administrative Release (changing from a 120 -day waiting period for requesting administrative release to a 60 -day waiting period)", be received, placed on file, considered and passed for the first time. Ayes: Four. Absent: Fox, Wright, Budak. Motion carried. 101520 - Moved by Angel, seconded by Buck that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, creating the Planning and Development Division (placing Housing Authority in the Planning and Development Division)", be received, placed on file, considered and passed for the third time. Ayes: Four. Absent: Fox, Wright, Budak. Motion carried. 101521 - Moved by Buck, seconded by Dell that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, creating the Planning and Development Division (placing Housing Authority in the Planning and Development Division)", be adopted. Ayes: Four. Absent: Fox, Wright, Budak. Ordinance adopted and upon approval by Mayor assigned No. 3953. BILLS PAYMENT 101522 - Moved by Angel, seconded by Buck that "Resolution approving Schedule A918, pp. 1-56, in the amount of $2,494,333.43, dated July 12, 1993, copies of which are on file in the Clerk/Auditor's office", be adopted. Ayes: Four. Absent: Fox, Wright, Budak. Resolution adopted and upon approval by Mayor assigned No. 1993-444. Travel Request 101523 - Moved by Buck, seconded by Angel that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Rick Tagtow, Parks & Forestry Director, to attend the International Society of Arboriculture Annual Conference in Bismarck, North Dakota on August 7-11, 1993, with costs not to exceed $485.00. Ayes: Four. Absent: Fox, Wright, Budak. Motion carried. MISCELLANEOUS 101524 - Moved by Buck, seconded by Angel 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 License Permit Application Class C Kwik Trip, 1636 W. 4th Street (Renewal) (Expires 7/30/94) (Includes Sunday Sales) Dell Oil Ltd., 90 W. 18th Street (Renewal) (Expires 7/29/94) (Includes Sunday Sales) Vic's Lounge, 1106 LaPorte Road (Renewal) (Expires 7/17/94) (Includes Sunday Sales) Ayes: Four. Absent: Fox, Wright, Budak. Motion carried. July 12, 1993 BONDS 101525 - Moved by Angel, seconded by Buck that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through July 12, 1993, be received, placed on file and report and bonds approved. Ayes: Four. Absent: Fox, Wright, Budak. Motion carried. Page 7 ORAL PRESENTATIONS 101526 - Paul Robinson, 1011 Rainbow Drive, stated that the recent rainstorm on Thursday, July 8, 1993 caused severe flooding at his business. Upon investigation, he noted that the flood gates were not opened properly, and that water backed up causing damage. John Meyer, Public Works Director, stated that with the unusual and heavy rains, the pump station is not able to keep up and at one point was down. At that time, it was noted that the gates were closed and they were opened up immediately. He noted that the gates will remain open as necessary. Don Baker, 1226 Wren Road, commented that he had purchased his home in 1975, at which time garbage services were provided twice weekly. Since that time, the City has imposed a one cent local option sales tax and has removed street lights. The streets have major pot holes and the recent rains have caused severe street and basement flooding. He stated that as City services decrease, taxes increase noting that he is paying for services that he is not receiving. Councilperson Buck noted that six pumps were vandalized recently in the Black Hawk Road area. He asked for citizens to help in monitoring the pump locations as the City is not able to do this on a 24-hour basis. Councilperson Buck thanked City staff for the many unpaid hours of time spent in preventing more severe property loss. Councilperson Lemke also complimented past city administrations for their foresight in constructing the dike system along the Cedar River and Black Hawk Creek. Mayor Manning noted that many Iowa cities are suffering greatly because of recent rainfall. He noted that many citizens are insinuating that it is the City's fault for many of the basement problems in the community. The Mayor noted that it would be impossible for any city to afford the improvements that would be required to avert problems such as this and those the City of Des Moines is experiencing. These acts of nature are beyond the City's control. Paul Robinson noted that the Dry Run Creek area along West Ninth Street has been relieved of past flooding problems, noting that the flooding problem in the community is not new. John Meyer, Public Works Director, noted that the Dry Run Creek improvement is one of many improvements the City has done to address the flooding situation in the community. This was done at great cost. Hopefully, the City will continue to address continuing problems. Councilperson Dell relayed a recent story of a rescue of a golfer in Gates Park due to high water levels. He noted that it is good to see good deeds performed during times of crisis. The Mayor noted that the price tag for addressing flooding problems in the community will be significant, and he hopes that those who are asking the City to address the problems support the sewer rate increase when it is presented to the Council. The Mayor stated that the clean-up of trees in public rights-of-way due to storm damage will continue on a voluntary basis for the remaining Saturdays in July. Volunteers should report to Municipal Stadium at 7:00 a.m. each of the next three Saturdays. Each person will receive a t -shirt for their voluntary efforts. He also noted that the tree dump hours will be extended through July 24. Councilperson Dell noted that capital costs related to the storm and sanitary sewer repairs, including the intercity interceptor, were very controversial and often times not funded in an attempt to keep the bonding capacity of the City down and consequently, taxes lower. Moved by Buck, seconded by Dell that the above oral comments be received, placed on file and that the Council adjourn at 8:22 p.m. Ayes: Four. Absent: Fox, Wright, Budak. Motion carried. Michelle Temeyer Acting City Clerk/Auditor