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HomeMy WebLinkAbout05/03/93May 3, 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, May 3, 1993. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Lemke. Invocation by: Mayor Al Manning Pledge of Allegiance: John Meyer, Public Works Director 101101 - Moved by Buck, seconded by Wright that the Agenda, as amended, for the Regular Session on Monday, May 3, 1993, at 7:00 p.m., and the Minutes of .the Regular Session on Monday, April 26, 1993, at 7:00 -p.m., be accepted and approved. Motion carried. Mayor Manning read a Proclamation declaring the month of May as Motorcycle Awareness Month. Mayor Manning read a Proclamation urging citizens to support the Veterans of Foreign Wars by purchasing Buddy Poppies on May 7 and 8, 1993. Mayor Manning read a Proclamation declaring the week of May 9-15, 1993 as School Board Recognition Week. HEARINGS 101102 - Moved by Angel, seconded by Budak that proof of publication of notice of public hearing on request of city staff to vacate property generally located between West Mullan Avenue and West First Street, in the block immediately south of Jefferson Street, as published in the Waterloo Courier on April 23, 1993, be received and placed on file. Motion carried. 101103 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Bob Stevenson, City Planner, reported that the proposed alley vacation is located behind Waterloo Bowl -In and is no longer needed for access purpose. An easement will be retained over said alley. Adjacent property owners have expressed an interest in purchasing said public right of way. Moved by Buck, seconded by Angel 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. Motion carried. 101104 - Moved by Dell, seconded by Wright that "an Ordinance vacating the alley generally located between West Mullan Avenue and West First Street, in the block immediately south of Jefferson Street", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 101105 - Moved by Budak, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 101106 - Moved by Fox, seconded by Angel 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. 101107 - Moved by Buck, seconded by Dell that "an Ordinance vacating the alley generally located between West Mullan Avenue and West First Street, in the block immediately south of Jefferson Street", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3940. May 3, 1993 Hearings - continued 101108 - Moved by Buck, seconded by Wright Page 2 that proof of publication of notice of public hearing on request of Dick Klingaman for a site plan amendment for property generally located south of Timberline Condominiums on the westerly side of W. Fourth Street, south of U.S. Highway 20 to develop approximately 25 duplex residences instead of 15 eight-plexes on property located in "R -3,R -P" Planned Residential District, as published in the Waterloo Courier on April 23, 1993, be received and placed on file. Motion carried. 101109 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Bob Stevenson, City Planner, noted that the amendment reduced the density from 120 units to 50 units for the 12.4 acres of land. The area will be served with a private street. Moved by Dell, seconded by Angel 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. Motion carried. 101110 - Moved by Fox, seconded by Dell that "Resolution approving site plan amendment for property generally located south of Timberline Condominiums on the westerly side of W. Fourth Street, south of U.S. Highway 20 to develop approximately 25 duplex residences instead of 15 eight-plexes on property located in "R -3,R -P" Planned Residential District", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-259. 101111 - Moved by Budak, seconded by Lemke that proof of publication of notice of public hearing on request of Allen Health Systems, Inc. to vacate the eight foot utility easement generally located in Vold Addition, as published in the Waterloo Courier on April 23, 1993, be received and placed on file. Motion carried. 101112 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Bob Stevenson, City Planner, noted that there are no utilities located in said easement. Said vacation will allow the area to be incorporated into an overall development plan for Allen Hospital. Moved by Buck, seconded by Wright 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. Motion carried. 101113 - Moved by Angel, seconded by Dell that "an Ordinance vacating the eight foot utility easement generally located in Vold Addition", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 101114 - Moved by Fox, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 101115 - Moved by Dell, 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. May 3, 1993 Page 3 Hearings - continued 101116 - Moved by Buck, seconded by Wright that "an Ordinance vacating the eight foot utility easement generally located in Vold Addition", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3941. PETITIONS FROM PUBLIC 101117 - Moved by Budak, seconded by Wright that the request of Bobby J. Bowers for a variance of the Noise Control Ordinance on. May 20, 1993 from 11:00 a.m. to 3:30 p.m. for Midwest Gas and Longfellow School for a hobby demonstration at Joe Straub Memorial Field, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-260. 101118 - Moved by Budak, seconded by Wright that the request of Bill Bradford for a variance of the Noise Control Ordinance on June 10, 1993 from 8:00 p.m. to midnight to hold a teen dance in the parking lot in front of the Cattle Congress Pavilion during My Waterloo Days, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-261. 101119 - Moved by Budak, seconded by Wright that communication from Associate Engineer transmitting request of Aspro, Inc. and Subsidiaries for a variance of the Noise Control Ordinance effective from May 4, 1993 to October 1, 1993 in conjunction with F.Y. 1993 Asphalt Overlay Program, Contract No. 447, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-262. REPORTS 101120 - Moved by Budak, seconded by Wright that communication from General Manager of the Waterloo Water Works transmitting Calendar Year 1992 Waterloo Water Works Operating Report be received and placed on file. Motion carried. DOCUMENTS 101121 - Moved by Buck, seconded by Angel that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance from Aspro, Inc. and Subsidiaries of Waterloo, Iowa in the amount of $2,426,375.80 in conjunction with F.Y. 1993 Asphalt Overlay Program, Contract No. 447, 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. 1993-263. 101122 - Moved by Buck, seconded by Angel that communication from City Engineer transmitting Completion Report and Recommendation of Acceptance of work performed by Aspro, Inc. and Subsidiaries in conjunction with F.Y. 1991 Daniel Drive Paving Project, Contract No. 416, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-264. May 3. 1993 Documents - continued 101123 - Moved by Buck, seconded by Angel Page 4 that communication from City Engineer transmitting Maintenance Bond from Aspro, Inc. and Subsidiaries in conjunction with F.Y. 1991 Daniel Drive Paving Project, Contract No. 416, be received, placed on file and approved. Motion carried. 101124 - Moved by Buck, seconded by Angel that communication from City Planner transmitting an agreement with Peterson Contractors Inc. for removal of fill dirt located at Greenhill Road and University Avenue, 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. 1993-265. 101125 - Moved by Buck, seconded by Angel that communication from City Planner transmitting Final Plat of Audubon Park Fifth Addition, together with Deed of Dedication and 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. 1993-266. 101126 - Moved by Buck, seconded by Angel that communication from Planning and Development Director transmitting an agreement with Flinn Saito Andersen & DeVoe for final design of the elevator and renovation of the East Side Library in conjunction with relocation of Waterloo Housing Authority, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-267. 101127 - Councilperson Wright disapproved of said agreement due to the continuing problem with the closeness of the railroad to properties along Glenwood Street. Moved by Buck, seconded by Angel that communication from Associate Engineer transmitting Supplemental Agreement No. 9 with RUST Environmental and Infrastructure for construction engineering services in conjunction with Martin Luther King, Jr. Drive, Sixth Street Extension Project - East Segment, Phase I, HDP -9107(004)--71-07, Contract No. 453, 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: Six. Nays: Wright. Resolution adopted and upon approval by Mayor assigned No. 1993-268. RESOLUTIONS TO BE ADOPTED 101128 - In response to a question from Councilperson Lemke, it was reported that said property will allow the installation of a traffic signal near the intersection of Westfield Avenue and Fletcher Avenue. Said intersection meets warrants for a signal. Moved by Fox, seconded by Buck that "Resolution approving the acquisition contract payment and accepting the deed for Parcel Nos. 2 and 3 (John Deere Inc.) in conjunction with Highway 218 Traffic Signals, IX -218-7(96)--3P-07", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-269. May 3, 1993 Resolutions to be Adopted - continued 101129 - Moved by Fox, seconded by Buck Page 5 that "Resolution setting date of hearing as May 10, 1993, at 7:00 p.m. in the City Hall Council Chambers, on sale and conveyance of property generally located at 79 Mulberry Street to Christian Community Development Corporation (CCDC) for property acquired from the Resolution Trust Corporation", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-270. 101130 - Kathy Braun, Board Member of the Phoenix Project Partners, asked that the Council adopt a resolution of support for said project. The purpose is to provide year- round training for at -risk youth by teaching them skills and trades relating to the rehabilitation of homes within the community. Said jobs will pay minimum wage and will qualify them for entry level trade positions after one year of training. Councilperson Wright questioned whether said resolution would commit the City to future funding of the project. Ms. Braun explained that the 25 percent match noted in the documents will require local funding and not necessarily funding from the City of Waterloo. It is the group's intent to obtain funding either through in-kind donations, community donations, or,possibly block grant funding. In response to a question from Councilperson Lemke, Ms. Braun noted that after the three-year funding cycle, it is the intent that the project will then be self- sufficient. Councilperson Dell noted that this project is already in operation within the City and should be applauded. Moved by Fox, seconded by Buck that "Resolution supporting the mission and purpose of Phoenix Project Partners by pledging cooperation as permitted by law", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-271. BILLS PAYMENT 101131 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-50, in the amount of $1,107,132.30, dated May 3, 1993, copies of which are on file in the Clerk/Auditor's office", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-272. NEW BUSINESS 101132 - Moved by Fox, seconded by Buck that communication from Mayor Al Manning transmitting appointment of Mike Allen and Bennie Walker to the Human Rights Commission, with term expiration date of January 1, 1996, be received, placed on file and approved. Motion carried. 101133 - Moved by Fox, seconded by Buck that communication from Mayor Al Manning transmitting reappointment of Belinda Creighton -Smith and George Meeks to the Human Rights Commission, with term expiration date of January 1, 1996, be received, placed on file and approved. Motion carried. 101134 - Moved by Fox, seconded by Buck that communication from Larry P. Burger, City Clerk/Auditor, transmitting his resignation effective May 21, 1993, be received and placed on file. Motion carried. May 3, 1993 MISCELLANEOUS 101135 - Moved by Fox, seconded by Buck Page 6 that the following beer and liquor licenses permit applications be received, placed.on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and applications for temporary beer garden, applications for dance licenses and cigarette permit application be received, placed on file and approved: 1. Beer License Permit Application Class B Chamber of Commerce for My Waterloo Days (10 days --June 4 -June 14, 1993) (Includes Sunday Sales), together with request to transfer said license to each of the following locations: Paramount Park, 612 Water Street; Byrnes Park, 1000 Fletcher Avenue; Cedar River Park, 615 Park Road; Lincoln Park, 519 Mulberry Street, and the Waterloo Airport Grounds, 2790 Airport Boulevard) 2. Beer License Permit Application Class C Falls Road Drug, 2027 Falls Road (Renewal) (Expires 4/31/94) 3. Beer/Liquor License Permit Application Class C Silver Fox, 910 W. 5th Street (Renewal) (Expires 5/6/94) (Includes Sunday Sales) 4. Beer/Wine License Permit Application Class E Hy -Vee Food Store, 1422 Flammang Drive (New Location) (Expires 2/8/94) (Includes Sunday Sales) 5. Liquor License Permit Application Class E Hy -Vee Food Store, 1422 Flammang Drive (New Location) (Expires 7/21/93) (Includes Sunday Sales) Application for Temporary Beer Garden Waterloo Chamber of Commerce --My Waterloo Days Paramount Park, Byrnes Park, Cedar River Park, Lincoln Park, and the Waterloo Airport Village Lounge, 709 Jefferson Street, from April 1993 to October 1993 L.C. Hennessey, 558 Montero Drive, asked that the Council consider denying the dance request of Electric Park Ballroom. Mr. Hennessey reported an incident, and subsequent lawsuit with the Ballroom while dancing at Electric Park. Application for Dance License Electric Park Ballroom, 300 Rainbow Drive National Cattle Congress Pavilion, 300 Rainbow Drive Goodies, Inc., 115 Sumner Street Reflections Lounge, 214 Washington Street Knights of Columbus Club, 1955 Locke Avenue Cigarette Permit Application One (1) Motion carried. BONDS 101136 - Moved by Angel, seconded by Budak that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through May 3, 1993, be received, placed on file and approved. Motion carried. May 3, 1993 Page 7 ORAL PRESENTATIONS 101137 - Elaine Jacquith, 810 Cornwall Avenue, thanked the Council for the proclamation declaring the week of May 9-15, 1993 as School Board Recognition Week. She invited members of the City Council to attend School Board meetings which are conducted on the second and fourth Monday evenings of the month. She also relayed a recent experience concerning the potholes which she labeled as "craters" located within the City of Waterloo. Damage to her vehicle was approximately $400. She suggested several options: The street should be fixed, a sign should be put up warning motorists of the potential hazards, and revisiting the City's policy on street repair. Kathy Oberle, 1101 Western Avenue, noted that the City Elections are a long way off, and many of the snide remarks of elected officials should be taken somewhere else. She asked that members not politicize until the time draws closer to the municipal elections. She also noted the large craters (potholes) in City streets, particularly at night. She suggested that the City's liability was greater for streets than for city sidewalks. L. C. Hennessey, 558 Montero Drive, questioned the City's expenditure of approximately $1,000 for Simon the Sorting Squirrel to be used in conjunction with the City's public relations campaign on recycling. He also questioned whether the City had received payment from the Dog Track on its obligation. Horbert Dowell, 110 Blowers Avenue, enumerated the drainage problem in the 100 block of Blowers Avenue. Staff will review the situation. He also was concerned about the increase in garbage fees when citizens are still being asked to haul their own garbage. Councilperson Angel asked for clarification on how the City can address trains blocking city streets for extended periods of time. She expressed concern that lengthy delays could cause school kids to go under trains and put them in danger. In response, Don Temeyer, Planning and Development Director, noted that complaints concerning blocked streets by trains should be directed to City staff who will contact the yard master. A citation could be issued, although it is difficult to enforce regulations in light of the Interstate Commerce Commission's standards. Police Chief Koehrsen noted that on occasion complaints have been handled by contacting the yard master. He also indicated his willingness to issue tickets if deemed appropriate by the City Council. James B. Robison questioned whether the street light issue in the 100 block of Sumner Street had been addressed. Mayor Manning stated that earlier in the evening a Public Safety Committee meeting was held concerning this issue. No policy has yet been established, and the re -installation of street lights will be done on a case-by-case basis. The police will be identifying those areas in the community that need lights for safety purposes. A decision on funding for said lights has not been made. Mr. Robison questioned whether information he had requested at an earlier meeting (see CR 101052 of April 19, 1993) was available. Chief Koehrsen noted that the information is available in his office. Mr. Robison requested that the City purchase his mother's home located at 121 Sumner Street. The Mayor asked that the owner of record provide a written request of their desires. Mr. Robison distributed pictures of his mother's home and highlighted the need for enforcement of existing ordinances. Councilperson Dell suggested that the 100 block of Sumner Street is plagued by traffic hazards that must be addressed. Parking is a particular problem in the area. Councilperson Angel asked that street light removals on West Donald Street near Prairie Park Apartments be reviewed by City staff. Councilperson Fox read excerpts of letters he had received from students at Kittrell School in support of Simon the Sorting Squirrel concept in conjunction with the public relations campaign for recycling. Councilperson Angel indicated that she was not in favor of having a mascot (Simon the Sorting Squirrel). Mayor Manning noted that the Mayor's Recycling Advisory Committee recommended nearly one year ago that the City engage in an ambitious publicity campaign, including the possible use of a mascot. Mav 3, 1993 Page 8 Oral Presentations - continued Councilperson Dell expressed his hope that as much work would go into the issue of recycling as has been noted for the mascot. Councilperson Lemke noted that the free yard waste drop-off site located behind the Rath Administration Building has been very busy. Moved by Budak, seconded by Buck that the above oral comments be received, placed on file and that the Council adjourn at 8:20 p.m. Motion carried. Larry P. Burger City Clerk/Auditor