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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