HomeMy WebLinkAbout07/06/93July 6, 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 Tuesday, July 6, 1993. Mayor Albert C. Manning,
Jr. in the Chair. Roll Call: Fox, Angel, Buck, Budak, Lemke. Absent: Dell and Wright.
Invocation by: Mayor Al Manning
Pledge of Allegiance: Michelle Temeyer, Acting Clerk/Auditor
101465 - Moved by Buck, seconded by Angel
that the Agenda, as proposed, for the Regular Session on Tuesday, July 6, 1993,
at 7:00 p.m., and the Minutes of the Regular Session on Monday, June 28, 1993, at
7:00 p.m., be accepted and approved. Ayes: Five. Absent. Dell and Wright.
Motion carried.
HEARINGS
101466 - Moved by Fox, seconded by Buck
that proof of publication of notice of public hearing on request of Constance
McGovern to sell and convey property generally located at 41-412 John Street for
$22,000.00, as published in the Waterloo Courier on June 29, 1993, be received and
placed on file. Ayes: Five. Absent: Dell and Wright. Motion carried.
101467 - 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 Budak
that the hearing be closed and the recommendation of approval of the Community
Development Board and oral comments be received and placed on file. Ayes: Five.
Absent: Dell and Wright. Motion carried.
101468 - Moved by Budak, seconded by Lemke
that "Resolution authorizing the sale and conveyance of property generally located
at 41-412 John Street for $22,000.00 --Constance McGovern", be adopted. Ayes:
Five. Absent: Dell and Wright.
Resolution adopted and upon approval by Mayor assigned No. 1993-420.
PETITIONS FROM PUBLIC
101469 - Moved by Angel, seconded by Buck
that communication from City Engineer transmitting request of Donald Bauler for
a concrete driveway to be located at 5461 Foulk Road, together with recommendation
of approval, be received, placed on file and "Resolution approving said request",
be adopted. Ayes: Five. Absent: Dell and Wright.
Resolution adopted and upon approval by Mayor assigned No. 1993-421.
101470 - Moved by Angel, seconded by Buck
that communication from City Planner transmitting site plan amendment request of
IBP, 501 N. Elk Run Road, for a proposed 50' x 110' dry storage building to be
located at the north end of the employee parking lot, be received, placed on file
and "Resolution setting date of hearing as July 19, 1993", be adopted and Acting
Clerk/Auditor to publish notice of same. Ayes: Five. Absent: Dell and Wright.
Resolution adopted and upon approval by Mayor assigned No. 1993-422.
DOCUMENTS
101471 - Moved by Angel, seconded by Buck
that communication from Community Development Acting Administrator transmitting
amendment to 19th Year Block Grant application to install a handicap accessible
elevator at the Carnegie Annex building and amendments to Statement of Objectives
and Proposed Use of Funds, together with recommendation of approval, be received,
July 6, 1993 Page 2
Documents - continued
placed on file and "Resolution approving said amendment to application", be
adopted and Mayor authorized to execute same. Ayes: Five. Absent: Dell and
Wright.
Resolution adopted and upon approval by Mayor assigned No. 1993-423.
101472 - Don Temeyer, Planning and Development Director, stated that they will be asking
the developers to resubmit a preliminary plat indicating several changes including
the street width and street names. He explained that access to the site will be
off San Marnan Drive with a signal and turning lane paid by the developer. A
median cut will be provided. A second access will be on Highway No. 21 across
from the Tower Park access to the west.
Moved by Angel, seconded by Buck
that communication from City Planner transmitting the Preliminary Plat of
Anderson's Addition and necessary documents, be received, placed on file and
"Resolution approving said Preliminary Plat and necessary documents", be adopted.
Ayes: Five. Absent: Dell and Wright.
Resolution adopted and upon approval by Mayor assigned No. 1993-424.
101473 - Don Temeyer, Planning and Development Director, noted that the revised Agreement
approved by the Black Hawk County Board of Supervisors includes all of the same
provisions as previously approved by the Council on July 6, 1993. The only change
is that the City can only bill the County for 60% of the total contract amount
within the first six months.
Moved by Angel, seconded by Buck
that communication from Planning and Development Director transmitting revised 28E
Agreement with Black Hawk County for zoning administration and building
inspection, together with recommendation of approval, be received, placed on file
and "Resolution approving said agreement", be adopted and Mayor and Acting
Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Dell and Wright.
Resolution adopted and upon approval by Mayor assigned No. 1993-425.
101474 - Moved by Angel, seconded by Buck
that communication from City Planner transmitting Contracts, Bonds and
Certificates of Insurance from Peterson Contractors Inc. of Reinbeck, Iowa in the
amount of $318,547.08 in conjunction with Shaulis Road Bridge Over Prescotts
Creek, BRM -8155(1)--8N-07, be received, placed on file and "Resolution approving
said documents", be adopted and Mayor and Acting Clerk/Auditor authorized to
execute same. Ayes: Five. Absent: Dell and Wright.
Resolution adopted and upon approval by Mayor assigned No. 1993-426.
101475 - Moved by Angel, seconded by Buck
that communication from City Planner transmitting Contracts, Bonds and
Certificates of Insurance from Peterson Contractors Inc. of Reinbeck, Iowa in the
amount of $1,163,916.03 in conjunction with Shaulis Road Bridge, BRM -8155(2)--8N-
07, be received, placed on file and "Resolution approving said documents", be
adopted and Mayor and Acting Clerk/Auditor authorized to execute same. Ayes:
Five. Absent: Dell and Wright.
Resolution adopted and upon approval by Mayor assigned No. 1993-427.
101476 - Moved by Angel, seconded by Buck
that communication from Police Chief transmitting Drug Abuse Resistance Education
(D.A.R.E) grant in the amount of $7,750.00 and Tri -County Drug Task Force Grant
in the amount of $173,940.00 from the Governor's Alliance on Substance Abuse,
together with recommendation of approval, be received, placed on file and
"Resolution approving said grant", be adopted and Mayor authorized to execute
same. Ayes: Five. Absent: Dell and Wright.
Resolution adopted and upon approval by Mayor assigned No. 1993-428.
July 6, 1993
Documents - continued
101477 - Moved by Angel, seconded by Buck
Page 3
that communication from Fire Chief transmitting 28E Agreement with East Waterloo
Township for fire protection, together with recommendation of approval, be
received, placed on file and "Resolution approving said agreement", be adopted and
Mayor and Acting Clerk authorized to execute same. Ayes: Five. Absent: Dell
and Wright.
Resolution adopted and upon approval by Mayor assigned No. 1993-429.
RESOLUTIONS TO BE ADOPTED
101478 - Moved by Buck, seconded by Angel
that "Resolution setting date of hearing as July 19, 1993 at 7:00 p.m. in the City
Hall Council Chambers on amendments to F.Y. 1994 Budget", be adopted and Acting
Clerk instructed to publish notice of same. Ayes: Five. Absent: Dell and
Wright.
Resolution adopted and upon approval by Mayor assigned No. 1993-430.
101479 - Moved by Buck, seconded by Angel
that "Resolution authorizing and directing the Acting Clerk/Auditor to destroy
certain tape recordings of various City Council committee meetings", be adopted.
Ayes: Five. Absent: Dell and Wright.
Resolution adopted and upon approval by Mayor assigned No. 1993-431.
101480 - Moved by Buck, seconded by Angel
that "Resolution authorizing preparation of Quit Claim Deed for sale and
conveyance of a portion of the alley generally bounded by Easton Avenue, LaPorte
Road, Wisconsin Street and Locke Avenue in Pleasant View Addition to the Waterloo
Knights of Columbus upon receipt of $100, plus costs pursuant to Ordinance No.
2139", be adopted. Ayes: Five. Absent: Dell and Wright.
Resolution adopted and upon approval by Mayor assigned No. 1993-432.
101481 - Moved by Buck, seconded by Angel
that "Resolution approving and providing for the execution of Housing and
Community Development Block Grant Contract No. B -93 -MC -19-0008 and B -92 -MC -19-0008
with the U.S. Department of Housing and Urban Development (19th Year Community
Development Block Grant)", be adopted. Ayes: Five. Absent: Dell and Wright.
Resolution adopted and upon approval by mayor assigned No. 1993-433.
101482 - Hugh Field stated that this amendment pertains to a decrease in the interest on
the bond previously sold to Bertch Cabinet and will not alter the city's interest
in said project.
Moved by Buck, seconded by Angel
that "Resolution authorizing execution of an amendment to bond in the amount of
$450,000 Industrial Revenue Bond, Series 1982 (Bertch Cabinet Mfg., Inc.
project).", be adopted. Ayes: Five. Absent: Dell and Wright.
Resolution adopted and upon approval by Mayor assigned No. 1993-434.
101483 - Questions were raised concerning the calculation of liabilities. Don Temeyer,
Planning and Development Director, stated that the total liabilities were based
upon the current principal and interest on current debt times the percentage of
value that the Sherwood Park area contributes to the total city valuation.
Hugh Field, Attorney representing the Sherwood Park residents, questioned why
interest computations were included in the liabilities. He suggested that if the
residents are being given their share of the liabilities, they should also be
July 6, 1993 Page 4
Resolutions to be Adopted - continued
given their share of the assets. He also reported that in 1992, the City of
Waterloo received a payment from the Iowa Department of Transportation in the
amount of $10,200 for infrastructure improvements relating to drainage. He also
reported that a grant had been received from the Federal Emergency Management
Agency in the amount of $15,000 for an under pass, both improvements in Sherwood
Park. It is his contention that these assets should also be distributed to the
residents.
Moved by Budak, seconded by Fox
that action on this item be tabled indefinitely to allow a briefing from the City
Attorney's office concerning this matter. Ayes: Five. Absent: Dell and Wright.
Motion carried.
Mr. Field expressed that his clients and he are very disappointed in the length
of time this de -annexation process has taken.
ORDINANCES TO BE ADOPTED
101484 - Councilperson Fox stated that he opposed this ordinance and supported the inclusion
of the Community Development Office within the Planning and Development Division.
Moved by Budak, 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 second time. Ayes: Angel, Buck, Budak, Lemke.
Nays: Fox. Absent: Dell and Wright. Motion carried.
BILLS PAYMENT
101485 - Moved by Angel, seconded by Buck
that "Resolution approving Schedule A918, pp. 1 - 46, in the amount of
$665,616.00, dated July 6, 1993, copies of which are on file in the
Clerk/Auditor's Office", be adopted. Ayes: Four. Abstain: Angel. Absent:
Dell and Wright.
Resolution adopted and upon approval by Mayor assigned No. 1993-435.
NEW BUSINESS
101486 - Moved by Buck, seconded by Lemke
that communication from Mayor Al Manning transmitting recommendation of
appointment of Craig Ritland to the Design Review Board, with term expiration date
of May 7, 1995, be received, placed on file and approved. Ayes: Five. Absent:
Dell and Wright. Motion carried.
101487 - Moved by Buck, seconded by Lemke
that communication from Mayor Al Manning transmitting recommendation of
reappointment of Don Temeyer, Norman Granger and Kathleen Zmolek to the
Metropolitan Transit Authority Board of Directors, with term expiration date of
July 1, 1996, be received, placed on file and approved. Ayes: Five. Absent:
Dell and Wright. Motion carried.
TRAVEL REQUEST
101488 - Moved by Buck, seconded by Lemke
that the following travel request, with expenses not to exceed amount shown, be
received, placed on file and approved:
1. Frank Magsamen and Herman Wenzel, Assistant Fire Chiefs, to transport Engine
No. 1 to Pierce Manufacturing for repairs in Appleton, Wisconsin on July 11-12,
1993, with costs not to exceed $315.00, including the use of city vehicle.
Ayes: Five. Absent: Dell and Wright. Motion carried.
July 6, 1993
MISCELLANEOUS
101489 - Moved by Buck, seconded by Lemke
Page 5
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 applications for recycling yard be received, placed
on file and approved:
1. Beer License Permit Application
Class C
Osco Drug, 2068 Logan Avenue (New Owner) (Expires 7/7/94) (Includes Sunday
Sales)
2. Beer/Liquor License Permit Application
Class C
Best Western Starlite Village, 214 Washington (New Owner) (Expires 7/14/94)
(Includes Sunday Sales)
Anchor Lounge, 324 West 4th Street (Renewal) (Expires 7/15/94)
Application for Recycling Yard
Northside Auto Salvage (Yard --821 Dearborn)
Vic Fuller Salvage & Wrecking LTD, 950 Sheffield Avenue (Yard --2113 Mitchell
Avenue)
Ayes: Five. Absent: Dell and Wright. Motion carried.
BONDS
101490 - Moved by Angel, seconded by Buck
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through July 6, 1993, be received, placed on file and report and
bonds approved. Ayes: Five. Absent: Dell and Wright. Motion carried.
ORAL PRESENTATIONS
101491 - Moved by Buck, seconded by Angel
that the first reading of an ordinance "An ordinance amending the 1988 Code of
Ordinances of the City of Waterloo, Iowa, by adding Subsection (e) to Section 2-
194, Powers and Duties of the Board, of Division 4, Board of Park Commissioners,
of Chapter 2, Administration" be placed on the City Council agenda of July 19,
1993 for action by the City Council. Ayes: Five. Absent: Dell and Wright.
Motion carried.
Mayor Manning announced that "Call the Mayor Show" will be held following this
evening's council meeting. The number for callers to present their questions is
291-4365.
Councilperson Angel commended the many volunteers who assisted in the clean-up
efforts on Saturday, July 3, 1993 following the torrential rain storm and winds
the city experienced. Although there is much more to do, this effort is very much
appreciated by the city.
Moved by Budak, seconded by Buck
that the above oral comments be received, placed on file and the Council adjourn
at 7:40 p.m. Ayes: Five. Absent: Dell and Wright. Motion carried.
Michelle Temeyer
Acting City Clerk/Auditor