Loading...
HomeMy WebLinkAbout04/19/93April 19, 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, April 19, 1993. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Lemke. Invocation by: Councilperson Willie Mae Wright Pledge of Allegiance: Police Lieutenant Roger Shook 101022 - Moved by Buck, seconded by Wright that the Agenda, as amended for the Regular Session on Monday, April 9, 1993, at 7:00 p.m., and the Minutes of the Regular Session on Monday, April 12, 1993, at 7:00 p.m., be accepted and approved. Motion carried. Mayor Manning read a proclamation declaring April 22, 1993 as Earth Day. Mayor Manning read a proclamation declaring the week of April 25 - May 1, 1993 as Clean -Sweep Week with Saturday, May 1, 1993 proclaimed Clean -Sweep Day. Mayor Manning read a proclamation declaring April 25, 1993 as One -To -One Mentoring Day. Mary Ann Burk accepted this proclamation on behalf of the Waterloo schools. PETITIONS FROM PUBLIC 101023 - Moved by Angel, seconded by Buck that communication from City Planner transmitting request of Allen Health Systems, Inc. to vacate the eight (8) foot utility easements located in Vold Addition, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 3, 1993 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-221. 101024 - Moved by Angel, seconded by Buck that communication from City Planner transmitting request of Schenk Engineering to extend Heath Street north of West Donald Street to connect West Donald Street with Logan Avenue (U.S. 63 North) to serve the proposed Allen Health Education Center to be located on the north side of West Donald Street, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-222. 101025 - Moved by Angel, seconded by Buck that communication from City Planner transmitting site plan amendment request of Dick Klingaman for property generally located south of the Timberline Condominiums to show 25 duplex residences instead of 15 eight-plexes, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 3, 1993 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-223. 101026 - Moved by Angel, seconded by Buck that communication from City Engineer transmitting request of Steven G. Hurst for a waiver for a concrete driveway to be located at 245 Derbyshire Road, together with recommendation of approval of the City Engineer, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-224. April 19, 1993 Petitions from Public - continued 101027 - Moved by Fox, seconded by Dell Page 2 that communication from residents of Sherwood Park transmitting request to de - annex property generally located in an area bounded by North Hackett Road on the west, the Cedar River on the north, the Flood Control Dike on the east, and Highway 218 and the abandoned railroad grade on the south and recommendation of City Attorney to forward to the Planning, Programming and Zoning Commission, be received, placed on file and approved. Prior to a vote on the above motion, the following discussion was heard. Hugh Field, attorney representing residents of the Sherwood Park area and residing at 561 Sunset Road, stated that he was still unclear as to the issues the Planning, Programming and Zoning Commission would be reviewing. The issues are: If the de -annexation creates an island, the Secretary of State has jurisdiction over this matter. A contract for fire protection will need to be executed. Does the City of Waterloo need to consent to de -annexation since they are a property owner in the area. He also commented that the statute does not vest any authority with the Planning, Programming and Zoning Commission and feared that a recommendation of denial by said Commission could require a super majority of the Council to override the recommendation. City Attorney Jim Walsh recommended that said item be referred to the Planning, Programming and Zoning Commission to determine whether the de -annexation would create a substantial change to the Comprehensive Plan. Councilperson Fox supported the input from the Planning, Programming and Zoning Commission. Sherwood Park residents stood in support of the de -annexation. Don Temeyer, Planning and Development Director, stated that the Planning, Programming and Zoning Commission will be reviewing several issues, including its affect on the Comprehensive Plan of the City, land use, infrastructure requirements and future improvements to the area. Several other issues must be resolved before it is de -annexed, including the provision of police and fire protection, the County Flood Plain Ordinance and health regulations. He stated that the Planning, Programming and Zoning Commission will be reviewing this request on May 10, 1993 at 4:00 p.m. in the City Hall Council Chambers. It is an open meeting and not a public hearing although generally the Chairperson of the Commission does allow public comment. Leon Mosley, speaking as a concerned citizen, stated that he was very concerned about the drinking water problem in the area caused by recent flooding in the area. He suggested that through the Iowa Northland Regional Council of Governments (INRCOG), water can be provided to the area the same as was done for Washburn. He noted that the annexation decree filed on December 23, 1966, stated that the City was capable of providing municipal services and benefits. A vote was taken on the above motion. Ayes: Six. Nays: Lemke. Motion carried. The Council urged the Planning, Programming and Zoning Commission to act expeditiously in this matter. Councilpersons Buck, Lemke and Angel stated that they would probably vote in favor of the de -annexation regardless of the findings of the Planning, Programming and Zoning Commission. REPORTS 101028 - Moved by Dell, seconded by Angel that the Report from Waterloo Housing Authority Ridgeway Towers and Section 8 Waterloo Housing Authority Certificate Program --March 1993, be received, placed on file and approved. Motion carried. 101029 - Moved by Dell, seconded by Angel that the request of Jim Nienkark, 1315 Leavitt Street, to approve repayment plan for delinquent certified sewer fees in the amount of $107.22 be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-225. April 19, 1993 DOCUMENTS 101030 - Moved by Dell, seconded by Angel Page 3 that communication from Personnel Director transmitting Permit Required Confined Spaces Program, be received, placed on file and "Resolution approving said program", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-226. 101031 - Moved by Dell, seconded by Angel that communication from Executive Director of Waterloo Housing Authority transmitting Contracts, Bonds and Certificates of Insurance from Kayser Construction Co. of Jesup, Iowa in the amount of $91,282.00, in conjunction with Window Replacement at Ridgeway Towers Apartment, 225 W. Ridgeway Avenue, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-227. 101032 - Moved by Dell, seconded by Angel that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance from Peterson Contractors, Inc. of Reinbeck, Iowa in the amount of $1,796,882.88 in conjunction with F.Y. 1993 Sixth Street Extension (East), Phase I, HDP -9107(004)--71-07, Contract No. 453, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-228. 101033 - Councilperson Wright asked that this item be tabled for two weeks to allow the Public Safety Committee an opportunity to analyze the safety concerns in the Sumner Street area. Councilperson Angel asked that the Prairie Park area on W. Donald Street also be reviewed by the Committee. Moved by Wright, seconded by Budak that communication from Public Works Director transmitting request of Councilperson Wright to relight the street light located in the middle of the 100 block of Sumner Street to be paid for with Drug Forfeiture Funds, be received, placed on file, tabled for two weeks and referred to Public Safety Committee. Motion carried. RESOLUTIONS TO BE ADOPTED 101034 - Moved by Fox, seconded by Angel that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, approving submission of a preliminary application to the Department of Housing and Urban Development for the Comprehensive Improvements Assistance Program (CIAP) for modernization improvements to Ridgeway Towers, 225 W. Ridgeway", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-229. 101035 - Larry P. Burger, Clerk/Auditor, reported that the transfer from the Tax Increment Financing Fund to the Debt Service Fund allows taxes levied in the TIF Fund to pay for the expenses levied in the Debt Service Fund for downtown improvements. The second transfer is to reimburse the General Fund for expenses incurred in the Trust and Agency Fund for employee benefits. Moved by Fox, seconded by Angel that "Resolution transferring from the Tax Increment Financing Fund the sum of $460,000.00 to the Debt Service Fund", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-230. April 19, 1993 Resolutions to be Adopted - continued 101036 - Moved by Fox, seconded by Angel Page 4 that "Resolution transferring from the Trust and Agency Fund the sum of $1,402,231.55 to the General Fund", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-231. 101037 - Moved by Fox, seconded by Angel that "Resolution accepting and approving two Warranty Deeds from Richard and Junean Witham, and Ute City, an Iowa General Partnership for the extension of Pheasant Lane right of way between Olympic Drive and the north line of San Marnan Drive", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-232. 101038 - Moved by Fox, seconded by Angel that "Resolution designating the twenty foot wide, east -west alley between West Fifteenth and West Sixteenth Streets, north of Black Hawk Street, as River Street for location purposes", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-233. 101039 - Councilperson Buck stated that at a Work Session of the City Council held earlier in the evening, an amendment was presented to the last paragraph of the proposed Resolution of Intent to read as follows: BE IT FURTHER RESOLVED that the Park Board and Recreation Commission continue to function until such time as a combined ordinance is adopted by the City Council and a new Commission appointed, at which time the now existing boards shall cease to exist. Tom Staack, 942 Sunrise Boulevard and a member of the Recreation Commission, stated that in addition to comments made at the work session held earlier in the evening, he urged the Council to give the Board a chance to look at ways to save money and then report back to the City Council. As a Board, they are very willing to preserve the current operations or even improve it if given an opportunity. Russ Garling, 16 Silver Lake Drive, spoke not as a member of the Park Board but as an individual. He stated that the meeting held by various members of the Park Board and Recreation Commission was a very bad mistake and violated the Open Meetings Law. It was his recommendation that the Mayor and Council abolish both commissions and reappoint new members to a new combined board. He stated that he did not want to meet as a joint board to discuss a merger with the stress that has been caused by some board members. He reported that he was not at the meeting where alleged violations of the Open Meetings Law occurred because of problems with his mail delivery. Barry McCammon, 1224 Logan Avenue, stated that it is "a slap in the face" to form another Task Force to look at the reorganization of said departments. It is now the Council's responsibility to make a decision without delay. Councilperson Dell questioned what "reorganization" means in this context. If there are no savings, he questioned why we should proceed. Mayor Manning indicated his support of a combined board only if savings are realized. He also commented that such a combined board has worked in other cities. He also urged the Council not to vote for the Resolution of Intent if they would later vote against an ordinance to merge said departments. Shirley Koslowski, 816 Archer Avenue, spoke as a member of the Mayor's Reorganization Committee. The Committee very tediously reviewed the merger and had difficulty with this aspect of the plan. The Committee saw efficiencies in the merger. She expressed disappointment with staff and board and hoped that this attitude would change. Efficiencies can save money and that there is not a "pot of gold" anywhere within the City budget. Such a merger could result in better communication. Ms. Koslowski then spoke as a member of the League of Women's Voters and the alleged violation of Iowa's Open Meetings Law. She urged the City to do a better job of informing its board and commission members that they are subject to the Open Meetings Law and the repercussions if the law is not followed. The meeting should have been posted and open to the public. April 19, 1993 Page 5 Resolutions to be Adopted - continued Mayor Manning noted that the City does not condone violations of the Open Meetings Law and that the City Attorney is currently conducting an investigation into the alleged violation. Councilperson Budak stated that he would not favor a merger if money was not saved. City Attorney Jim Walsh stated that ordinance preparation for a merged department will take approximately three weeks and then would be presented to the Council at a work session. Mr. Staack asked what direction the Commission should take in the interim. He offered information relating to monetary savings, programming and staff utilization. He also questioned how the department could be more efficient and problem areas the Council wished the Commission to respond to. Rick Tagtow, Director of Parks & Forestry, stated that staff in the Parks Department as a whole support the reorganization/merger of the departments. They do feel that there are economies of scale and are relatively sure that additional staff would not be needed with a combined department. He urged the Council not to appoint someone new to the division directorship since his department has been laying off many workers. He reiterated that Park staff report to the City Council, and that the City Council has provided good direction to staff in the past. Councilperson Angel asked that a list of efficiencies with a proposed merger be provided to the Council. Councilperson Fox questioned why the real issues of a proposed merger had not yet been worked out and why there was considerable disagreement on this matter. Tom Reardon, Acting Director of Recreation Commission, stated that he had only found out today that a proposed resolution abolishing the Recreation Commission and Park Board was being considered by the City Council this evening. The Recreation Commission has for many years acted in a very responsible capacity and provided excellent service to the community. He stated that staff does not necessarily agree with reorganization but questioned how it would work and have yet to "buy in" to the concept. He commended the Recreation Commission for their outstanding work in the community. Russ Garling urged that the Council form a new committee to review the proposed merger of the departments. He stated that one or more of the committee members have personal vendettas making it difficult for the process to move forward. Councilperson Fox urged that someone in a leadership capacity take charge of this situation. Moved by Fox, seconded by Buck that "Resolution instructing city staff to proceed with ordinance preparation with the intent of combining the Park Board and Recreation Commission, as amended", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-234. ORDINANCES TO BE ADOPTED 101040 - Moved by Wright, seconded by Angel that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 276 to Section 2A-5 Rezoning Certain Property", be received, placed on file, considered and passed for the second time (rezone from "A-1" Agricultural District to "R-1" One and Two Family Residence District property generally located at 2672 Logan Avenue --David Heideman). Ayes: Seven. Motion carried. 101041 - Moved by Buck, seconded by Wright that rules requiring ordinances to be considered and voted for passed at two prior meetings be suspended. Ayes: Seven. Motion carried. April 19, 1993 Ordinances to be Adopted - continued 101042 - Moved by Fox, seconded by Wright Page 6 that the following ordinance be recorded as having been considered and passed for the third time and now placed on its final adoption. Ayes: Seven. Motion carried. 101043 - Moved by Wright, seconded by Angel that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 276 to Section 2A-5 Rezoning Certain Property", be adopted (rezone from "A-1" Agricultural District to "R-1" One and Two Family Residence District property generally located at 2672 Logan Avenue --David Heideman). Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3935. BILLS PAYMENT 101044 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-52, in the amount of $1,128,468.44, dated April 19, 1993, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Five. Abstain: Buck, Budak. Resolution adopted and upon approval by Mayor assigned No. 1993-235. NEW BUSINESS 101045 - Moved by Buck, seconded by Fox that communication from City Planner transmitting request to rezone from "C-2" Commercial District to "C-1" Commercial District property generally located in the southwest corner of the intersection of West Ninth Street and Washington Street, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 10, 1993 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-236. 101046 - Moved by Buck, seconded by Fox that communication from City Planner transmitting request to rezone from "C-2" Commercial District to "C-3" Commercial District property generally located between W. Mullan Avenue and W. First Street and from Jefferson Street to the Cedar River, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 10, 1993 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-237. 101047 - Moved by Buck, seconded by Fox that communication from City Planner transmitting request to vacate the alley generally located between West Mullan Avenue and West First Street and Jefferson Street and Washington Street, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as May 3, 1993 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-238. 101048 - Councilperson Angel questioned why the Waterloo Americans With Disabilities Act (ADA) Compliance Commission was void of females. It was reported that the members being appointed were former members of the Black Hawk Partnership on Disability, each representing a specific disability. Female members will be sought. April 19, 1993 New Business - continued Moved by Dell, seconded by Angel Page 7 that communication from Mayor Al Manning transmitting appointment of Louis Cutwright, Loren Wakefield, Duane Kuenstling, Frank Hamlin, Larry Shollenbarger, Kenneth McDonald, Chris Young, Craig Schwerdtfeger and Bob Shipman to the Waterloo ADA (Americans With Disabilities Act) Compliance Commission, with term expiration date of February 22, 1998, be received, placed on file and approved subject to obtaining female members. Motion carried. Travel Requests 101049 - Moved by Buck, seconded by Fox that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Rick Phillips, Fire Captain, to attend course on Command and Control of Fire Department Operations at Catastrophic Disasters at the National Fire Academy in Emmitsburg, Maryland on May 31 -June 11, 1993, with costs not to exceed $169.68. 2. Pat Vollbrecht, Fire Lieutenant, to attend Interpersonal Dynamics Course at the National Fire Academy in Emmitsburg, Maryland on June 21 -July 2, 1993, with costs not to exceed $169.68. Motion carried. MISCELLANEOUS 101050 - Moved by Buck, seconded by Fox 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 B Country Kitchen, 3030 Marnie Road (Renewal) (Expires 4/22/94) (Includes Sunday Sales) 2. Beer License Permit Application Class C Cork's Grocery, 1956 Lafayette Street (Renewal) (Expires 5/1/94) (Includes Sunday Sales) 3. Beer/Liquor License Permit Application Class C The Locker Room, 1918 Hawthorne (Renewal) (Expires 5/1/94) (Includes Sunday Sales) Motion carried. BONDS 101051 - Moved by Angel, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through April 19, 1993, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 101052 - Councilperson Dell asked that the Public Safety Committee review traffic patterns in the Sumner Street area in addition to safety concerns (see CR 101033 above). L. C. Hennessey, 528 Montero Drive, urged that high school kids be encouraged to clean lots and grow gardens to keep them off the streets this summer. April 19, 1993 Page 8 Oral Presentations - continued James Robison, 1552 Newell Street, questioned whether the Public Safety Committee meeting scheduled for May 3, 1993 would be open to the public. It was reported that said meeting will be open. He also questioned the dollar amount received by the Police Department on drug forfeitures and whether it had been correctly accounted for. Larry P. Burger, Clerk/Auditor, stated that all monies are receipted into the Clerk/Auditor's office and are accounted for properly. The question is whether or not said monies can be spent for street lights. It was indicated that the amount of money in the drug forfeiture fund would be available at said meeting along with statistics on the criminal activity in the area. Orren G. Nicholson, 3460 Bristol Road, asked that the Council review the sale of mobile homes in Southview Estates Mobile Home Park. Residents are petitioning that sales be eliminated from said trailer area. He urged the Mayor and Council to witness the situation. A time will be arranged for members to meet at the Trailer Park. Marilyn Metzner, 644 West Donald Street, stated that as an employee of the Holiday Inn and a user of the West Fifth Street ramp, she was concerned about the recent rate increase. As a minimum wage employee, the increases were quite steep. In response, Larry P. Burger, Clerk/Auditor, reported that the $10 per employee monthly fee has been in effect for nearly ten years. The graduated increase to $25 in January 1994 coincides with the rate for all other non -reserved spaces approved by the Council several weeks ago. Mr. Burger stated that a 10 percent discount is offered if payment is received in one check. Forrest Dillavou, 1725 Huntington Road, asked that the Council very closely review the de -annexation request of the Sherwood Park neighborhood (see CR 101027 above). He suggested that there may be farms in the corporate limits that may also be interested in de -annexation. Arthur Polk, 719 West Donald Street, urged that the street lights in his neighborhood be turned back on. Mayor Manning recognized Building Official Lou Cutwright for his recent Governor's Volunteer Award which was given for his work in hurricane ravished South Florida. Councilperson Wright asked that Public Works Director John Meyer provide a public statement concerning yard waste pick-up. Mr. Meyer reported that the Public Works Committee will be reviewing a proposed location for the drop-off of yard waste. He is recommending a three-week drop-off to begin the week of May 3. The City no longer provides large items collection, and residents with appliances or large items should contact a private hauler. Robert Sieglaff, 914 West Third Street, complained of street conditions in his neighborhood, and that many have not yet been fixed. It was noted that streets in the area are being repaired with local option sales tax monies. City staff have begun work on the 1994 Reconstruction Program, and due to winter weather conditions, this list is being revised to reflect current street conditions. He also stated that reorganization of the Park Board and Recreation Commission will not save money. Moved by Buck, seconded by Angel that the above oral comments be received, placed on file and the Council adjourn at 9:19 p.m. Motion carried. Larry P. Burger City Clerk/Auditor