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HomeMy WebLinkAbout04/24/1989April 24, 1989 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 April 24, 1989. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Mayor Bernard L. McKinley Pledge of Allegiance: Megan Aten and Afton Kolar Mayor McKinley presented a plaque and a paperweight to Melvin Cassmann and Mike Magee in honor of service of 30 years or more to the City of Waterloo. 93798 - Moved by Buck, seconded by Fox that the Agenda, as amended, for the Regular Session on April 24, 1989 at 7:00 p.m. and the Minutes of the Regular Session on April 17, 1989 at 7:00 p.m., be accepted and approved. Motion carried. UNFINISHED BUSINESS 93799 - Discussion was heard regarding the award of the F.Y. 1989 Commercial, Jefferson, West Seventh Streets Reconstruction, Contract No. 350. Hugh Field, City Attorney, stated that in 1984 the Court of Appeals in the Dickens versus the City of Des Moines regarding minority participation in the contract was a similar instance to the problem faced this evening. Field stated that the burden of proof is showing effort to meet minority and female participation in contracts, not the final results. Rudy Jones, Contract Compliance Officer, stated that he was concerned whether Cunningham Construction had made a reasonable effort in trying to secure minority and female participation. He stated that the second low bi3 cf Youngblut Contracting, Inc. indicated that he had made an effort. He continued that the low bid had zero percent minority participation and 22 percent female participation. He continued that the second low bid of Youngblut Contracting, Inc. had 4.9 percent minority and zero percent female participation. Eric Thorson, City Engineer, stated that the contract requirement goals call for 5 percent minority and 1 percent female participation. Councilperson Buck stated that it would be his feelings to award to the second low bid for putting in the effort and accomplishing part of the goals of the contract, but the way he hears Mr. Field's advice is to reject all bids and rebid the project. Hugh Field stated that if the project were litigated or any litigation came out of this, he would feel very comfortable about winning if all bids were rejected. Field stated that there could be some questions about the difference in meeting goals and making an effort if the bid is awarded to the second low bid. Mayor McKinley stated that it could be dangerous determining the difference in minority participation between the low and the higher bids if none of the bids met the goals established by the Council. Moved by Buck, seconded by Angel that all of the bids for the F.Y. 1989 Commercial, Jefferson, West Seventh Streets, Contract 350, be rejected and a new date of public hearing and bid letting be set for May 15, 1989. Ayes: Fox, Angel, Buck. Nays: Dell, Wright, Budak, Brown. Motion failed. 93800 - Moved by Dell, seconded by Wright that "Resolution approving said award of contract of F.Y. 1989 Commercial, Jefferson, West Seventh Streets, Contract 350, to Youngblut Contracting, Inc. of Washburn, Iowa in the amount of $350,787.20", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-178. April 24, 1989 Page 2 PETITIONS FROM PUBLIC 93801 - Moved by Dell, seconded by Brown that communication from City Planner transmitting minor site plan amendment request of Sery Quik Cleaners for property generally located at the intersection of Kimball and Ridgeway Avenues to erect a twelve foot (12') high, 7' x 10' overhead post sign to be located over the parking lot along the east side of Kimball Avenue between the intersection and the Kimball Avenue access to the Heritage Square parking lot, together with recommendation of denial of the Planning, Programming and Zoning staff, be received, placed on file and request denied. Ayes: Seven. Motion carried. 93802 - Moved by Dell, seconded by Brown that communication from City Planner transmitting request of Hope Martin Anderson to rezone from "A-1" Agricultural District to "C-2" Commercial District property generally located at the southwest corner of San Marnan Drive and Iowa Highway 21 (Hawkeye Road), 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 15, 1989 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-179. REPORTS 93803 - Moved by Brown, seconded by Wright that communication from Superintendent of Traffic Operations transmitting recommendation on extending 30 mph speed limit on Independence Avenue from 700 feet east of Idaho to Bishop Avenue, be received, placed on file and City Attorney instructed to prepare an ordinance accordingly. Motion carried. DOCUMENTS 93804 - Moved by Fox, seconded by Angel that communication from Transportation Program Manager transmitting recommendation on award of bid for Contract for Appraisal Service to Mike Lockey in conjunction with Greenhill/Sager Avenue, IX -6560(2)--79-07, together with recommendation of approval, be received, placed on file and "Resolution approving said award of contract", be adopted and Mayor and City Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-180. 93805 - Moved by Fox, seconded by Angel that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance from Cedar Valley Corporation of Waterloo, Iowa in the amount of $1,736,977.24, in conjunction with F.Y. 1989 Street Reconstruction Program, Contract No. 357, 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. 1989-181. 93806 - Moved by Fox, seconded by Angel that communication from Transportation Program Manager transmitting Contracts, Bonds and Certificates of Insurance from Fred Carlson, Inc. of Decorah, Iowa in the amount of $2,304,489.59, in conjunction with Ansborough Avenue, IX -6615(7)--79-07, 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. 1989-182. • April 24, 1989 Page 3 Documents - continued 93807 - Moved by Fox, seconded by Angel that communication from Transportation Program Manager transmitting Certificate of Completion and Final Acceptance of Agreement Work for Ansborough Avenue Bridge, IX -6615(4)--79-07, for work completed by Iowa Public Service Co., be received, placed on file and "Resolution approving said document", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-183. RESOLUTIONS TO BE ADOPTED 93808 - Moved by Budak, seconded by Wright that "Resolution approving acquisition contract payments and accepting of deeds for real property for Parcel No. 11 (Lawrence Meisner) and Parcel No. 16 (Rich and Lois Clute) in conjunction with Cleveland Street Reconstruction, IX -6627(1)--79-07", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-184. 93809 - Moved by Budak, seconded by Wright that "Resolution amending Resolution No. 1988-72 to allow City Planner to execute future engineering services contracts for "on call" or "emergency basis" without prior City Council approval to include all engineering consultant firms", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-185. 93810 - Moved by Budak, seconded by Wright that "Resolution authorizing the City Planner/Transportation Program Manager to approve certain change orders in conjunction with certain street construction projects", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-186. 93811 - Moved by Budak, seconded by Wright that "Resolution setting date of hearing as May 1, 1989 at 7:00 p.m. in the City Hall Council Chambers on the proposal to extend the moratorium on development along U.S. Highway 218 from May 7, 1989 to August 7, 1989", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-187. ORDINANCES TO BE ADOPTED 93812 - Moved by Angel, seconded by Wright that "an Ordinance amending the Waterloo Zoning Ordinance No. 2479 by adding Subsection (5.1) Adult Businesses/Adult Uses to Part III, 2A-3, Definitions; by repealing Subsection 2A -27(A), Principal Permitted Uses, of Part XIII, "C-2" Commercial District; and by enacting in lieu thereof a new Subsection 2A -27(A), Principal Permitted Uses, of Part XIII, "C-2" Commercial District; by adding Subsection (10) Adult Businesses/Adult Uses to Part XXII, Exceptions and Modifications, Section 2A-48 (H), Special Permit Required; by adding Subsection (N) Adult Uses, to Part XXII, Section 2A-48, Exceptions and Modifications; by repealing Subsection 2A-56, Violation and Penalties, of Part XXVII, Violation, Penalties and Enforcement; and by enacting in lieu thereof a new Subsection 2A-56, Violation and Penalties, to Part XXVII, Violation, Penalties and Enforcement (Adult Entertainment Establishments)", be received, placed on file, considered and passed for the second time. April 24, 1989 Page 4 Ordinances to be Adopted - continued Prior to a vote, Richard Bryant, from Kansas City, Missouri representing the owner of Devil's Den at 319 West Fourth Street, stated that his client has owned and operated the Devil's Den since 1980. Bryant continued that he felt it was not proper to place a one year amortization on the Devil's Den with adoption of the new ordinance. He continued that no other ordinance in the City books has an amortization schedule on it, that all other businesses when rezoned are grandfathered in. Bryant asked that the Council consider a recommendation to allow the Devil's Den to exist in a non -conforming use for a grandfathering agreement. Bryant quoted the court case regarding Christie versus the City of Ann Arbor, Michigan in 1987 regarding a similar issue. Bryant stated that if the Devil's Den was not grandfathered in, possibly litigation could result. Hugh Field, City Attorney, stated that the ordinance speaks to zoning, not regulating conduct, within a business. Field continued that in the issue of 25 percent or more of the space being used for the sale of merchandise of an adult nature that this would be a right that the Council could have for determining the proper zoning. Richard Bryant again asked that the Council consider the Devil's Den for a non -conforming use or grandfather them into this zoning. Councilperson Angel questioned whether the grandfathering clause is for the use or whether it is for the ownership of the business and if the business changed, if at that point the Council could eliminate the use. City Attorney Hugh Field stated that it would have to not be used for the same operation for a period of one year before the City could take the zoning action. Dwight Fritts, of the Waterloo Chamber of Commerce, read a statement from the Waterloo Chamber of Commerce regarding their support of the proposed zoning ordinance change. Virgil Willard, 416 Jefferson Street, stated that for everyone's information his establishment would end adult entertainment on May 15, 1989. Kathy Oberle, 710 Forest, asked the Council to table this issue until the Supreme Court has made a decision regarding a similar issue. Councilperson Brown stated that he had done a survey in the area and had come up with about a fifty, fifty split on the opinion of the operation of the Devil's Den in that area. With no further comment, the following vote was taken: Ayes: Seven. Motion carried. BILLS PAYMENT 93813 - Moved by Angel, seconded by Brown that "Resolution approving Schedule A918, pp. 1-71, in the amount of $1,205,201.91, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Abstain: Fox. Resolution adopted and upon approval by Mayor assigned No. 1989-188. NEW BUSINESS 93814 - Moved by Brown, seconded by Angel that communication from City Engineer transmitting recommendation of appointment of Kathy Wittmayer and Willie Mohorne to the positions of Technicians, be received, placed on file and approved. Motion carried. April 24, 1989 Travel Requests 93815 - Moved by Fox, seconded by Wright Page 5 that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. William Ratekin, Associate Engineer, to attend Local Road and Street Pavement Management Conference/School in Ames, Iowa, on May 18 and 19, 1989, with costs not to exceed $112.00, including the use of City vehicle. Motion carried. MISCELLANEOUS 93816 - Moved by Fox, seconded by Wright that the following beer and liquor license applications, be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: 1. Beer License Permit Class B Waterloo Women's Softball Association, Exchange Park (Seasonal --5/1/89 - 11/1/89) (Includes Sunday Sales) 2. Beer & Wine License Permit Application Class E Cork's Grocery, 1956 Lafayette Street (Renewal) (Expires 4/30/90) (Includes Sunday Sales) 3. Beer & Liquor License Permit Application Class C Fortune's Tavern, 328 Elm Street (Renewal) (Expires 5/1/90) Hong Kong Cafe, 631 Lafayette Street (Renewal) (Expires 5/1/90) (Includes Sunday Sales) Motion carried. BONDS 93817 - Moved by Wright, seconded by Angel that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through April 24, 1989, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 93818 - Junior Grimm, 420 Hanna Boulevard, stated that he was the Chairman for Citizens for Fair Gas Prices in Waterloo. Grimm presented a petition signed by 2,300 residents of the City of Waterloo supporting an investigation into the high gas prices in the metro area. Grimm stated that he would like the support of all governmental bodies and the Waterloo and Cedar Falls Chambers of Commerce in his endeavor. Grimm continued that in December and January, a survey was taken that showed the metro area gas prices were approximately a dime higher per gallon than the rest of the state. City Attorney Hugh Field stated that according to Chapter 551 a complaint can be issued to the Iowa Attorney General for a review of possible manipulation. Mayor McKinley stated that he supported the efforts and would have the City Attorney contact the Iowa Attorney General for assistance. L.C. Hennessey, 319 Belmont, stated that he had many concerns regarding the equipment in Belmont Park. He stated that there were some problems in the area that he would like the City Parks Department to look into. April 24, 1989 Page 6 Oral Presentations - continued Mary Ann Pierce, 1410 West Fourth Street, stated that she had recently attended a picnic in Byrnes Park and that all the restrooms were locked up and would like someone to look into that. Jim Hammond, representing the annual My Waterloo Days Fishing Derby to be held on the lake next to the Waterloo Greyhound Park, reviewed some of the activities that would be happening the day of the Fishing Derby and asked the Mayor and Council to be zone captains and participate with the Fishing Derby. Leon Mosley, 99 John Street, requested a letter from Hugh Field regarding. placing lay people on the various boards, such as Heating, Cooling, Electrical, etc. Mosley continued that presently there are no representatives from the Renters or Landlords Association on those boards. Mayor McKinley stated that these were boards made up of experts in the area and had absolutely no interest in the rules and regulations placed on these boards. McKinley continued that the Renters Association would have a vested interest in sitting on the boards and could possibly have a conflict of interest. Mayor McKinley continued that he felt the only reason that Mr. Mosley was approaching this issue was because of his own situation in which Mr. Mosley was remodeling one of his apartment houses. Jim Curran, Waterloo Building Official, stated that the rules are based on a code adopted and the same criteria applies nationwide. Councilperson Angel stated that she had some concerns over the new Sidewalk Ordinance. She continued that she had been with a group of people that showed her where some sidewalks were marked for repair or replacement and some that were equally as bad were not. Angel stated that she felt the Sidewalk Inspector was very inconsistent and would like to see the ordinance brought back for reconsideration. Moved by Brown, seconded by Angel that the above comments be received and placed on file and that the Council adjourn. Motion carried. Larry P. Burger Clerk/Auditor