HomeMy WebLinkAbout07/05/1988July 5, 1988
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 July 5, 1988. Mayor Bernard L. McKinley in the
Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown.
Invocation by: Councilperson Josef Fox
Pledge of Allegiance: Pack I --Jose E. Rivera and Joe Stefan
92416 - Moved by Buck, seconded by Wright
that the Agenda, as amended, for the Regular Session on July 5, 1988 at 7:00
p.m., be accepted and approved. Motion carried.
92417 - Moved by Buck, seconded by Wright
that the Minutes of the Regular Session on June 27, 1988, at 7:00 p.m., be
accepted and approved. Motion carried.
HEARINGS
92418 - Moved by Angel, seconded by Fox
that proof of publication of notice of public hearing on request of James Allen
Mashek to rezone from "C-1" Commercial District to "C-2" Commercial District
property generally located along the east side of Logan Avenue and
approximately 450 feet north of East Airline Highway, as published in the
Waterloo Courier on June 24, 1988, be received and placed on file. Motion
carried.
92419 - 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 Brown, seconded by Angel
that the recommendation of approval of the Planning, Programming and Zoning
Commission be received and placed on file. Motion carried.
92420 - Moved by Fox, seconded by Brown
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance, by adding Subsection No. 239 to Section 2A-5, Rezoning Certain
Property", be received, placed on file, passed and considered for the first
time. Ayes: Seven. Motion carried.
92421 - Moved by Buck, seconded by Angel
that rules requiring ordinances to be considered and voted for passage at two
prior meetings, be suspended, and 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.
92422 - Moved by Wright, seconded by Fox
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning
Ordinance, by adding Subsection No. 239 to Section 2A-5, Rezoning Certain
Property", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3566.
PETITIONS FROM PUBLIC
92423 - Moved by Budak, seconded by Wright
that communication from City Engineer transmitting request of Pam Jakobsen for
a temporary concrete driveway, without regard to sidewalk grade, to be located
at 5073 Foulk Road, together with recommendation of approval of 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. 1988-385.
July 5, 1988 Page 2
UNFINISHED BUSINESS
92424 - The Mayor announced that the time had arrived for discussion on the Contracts
and Bonds from Aspro, Inc. & Subsidiary in conjunction with the F.Y. 1988
Street Reconstruction Program 2, Contract No. 339.
Councilperson Brown reported that the Public Works Committee had met earlier in
the day with residents of Doral Drive and Augusta Circle. The City and
residents have agreed to withdraw these two streets from this year's program.
Discussion was heard on minority participation in the contract. It was stated
that a previous City Council had passed a resolution calling for 5 percent
minority participation. It was stated that the City should strive to meet this
goal and that in the future, the City will monitor very closely minority
participation.
Councilperson Angel stated her opposition to the removal of said streets from
the program. She stated that Aspro, Inc. had bid the contract in good faith
and "what's good for one is good for all."
Councilperson Brown stated that the City may want to consider the elimination
of the 50 percent local worker requirement. This may be causing the City to
not get the best bid possible.
Councilperson Wright stated that she could not support the approval of the
contract because of the lack of minority participation and the removal of
Augusta Circle and Doral Drive from the program.
Moved by Brown, seconded by none
that communication from Assistant City Engineer transmitting Contracts, Bonds
and Certificates of Insurance from Aspro, Inc. & Subsidiary of Waterloo, Iowa,
in the amount of $1,420,428.85, in conjunction with F.Y. 1988 Street
Reconstruction Program 2, Contract No. 339, together with recommendation of
approval, be received, placed on filed and "Resolution approving said
documents", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute
same. Prior to a second, the following discussion was heard.
Eric Thorson, City Engineer, stated that with the elimination of Doral Drive
and Augusta Circle from the program the contract will be awarded in a pro -rated
amount based upon the percentage that these two streets are of the total
contract. It was suggested that with the money that would be available with
the deletion of Doral Drive and Augusta Circle could be diverted to the overlay
program. Use of the money will be approved by the Council before expenditure.
Councilperson Buck stated that he was troubled by the lack of minority
participation in the program and that a way must be found to not penalize those
contractors who actively seek the participation of minority contractors.
Councilperson Wright stated that Aspro, Inc. had not made an honest effort to
contact minority contractors.
The above motion was seconded by Councilperson Budak.
Prior to a vote on the motion, the following discussion was heard.
Councilperson Dell stated that minority contractors were not given a chance by
Aspro, Inc. to bid on the contract and that Aspro should be shown a lesson in
this respect. He did not object to the withdrawal of Augusta Circle and Doral
Drive from the program.
Mayor McKinley stated that if the Council did not approve the contracts and
bonds as contained in the motion above, that the City probably would not be
able to proceed with the Street Reconstruction Program this year.
July 5, 1988
Unfinished Business - continued
Page 3
Councilperson Brown encouraged the Council to go with the award of the contract
this year, deleting the streets mentioned above and to send a message to all
contractors that the City will closely monitor in the future minority
participation in the contracts.
Councilperson Angel stated that she agreed with Councilperson Dell in his
assessment of minority non -participation in the contract but disagreed with his
approval of withdrawal of the streets.
Councilperson Wright stated that there are many streets in her ward without any
type of surfacing and that the residents should be satisfied with the pavement
surface being proposed.
Mayor McKinley stated that the residents of Doral Drive and Augusta Circle were
not being given preferential treatment since the streets were being withdrawn
from the program. He stated that the property owners on these streets have
previously paid for the improving of their streets through an assessment
program. He also stated that by withdrawing the streets, the residents are
taking a chance that it will be included in next year's program. He also
reminded the Council that there was zero participation by minority contractors
in last year's reconstruction program.
Ernie Boykin, 530 Hope Avenue, asked for clarification of the 5 percent
minority participation goal.
Jim Lindsey, Community Development Administrator, stated that Aspro, Inc. had
sent certified letters to minority contractors asking for their participation
in the program. He stated that the City does assist minority contractors as
much as possible. The Mayor's Advisory Committee for Minority, Female and
Disadvantaged Business Enterprise will be meeting July 20 to seek better
methods for minority participation in City contracts.
Councilperson Dell encouraged assistance by the City to minority contractors
with the bid process.
Councilperson Brown stated that the Public Works Committee will be meeting to
assess the situation further.
A vote was taken on the motion, with the deletion of Augusta Circle and Doral
Drive and the contract with Aspro, Inc. deleted by the amount of said deletion,
with the following result: Ayes: Fox, Buck, Budak, Brown. Nays: Dell,
Angel, Wright.
Resolution adopted and upon approval by Mayor assigned No. 1988-386.
DOCUMENTS
92425 - Moved by Buck, seconded by Brown
that communication from Associate Engineer transmitting Contracts, Bonds and
Certificates of Insurance from Denver Construction, Inc. of Denver, Iowa, in
the amount of $111,533.32, in conjunction with F.Y. 1988 Tower Park Sanitary
Sewer Extension, Contract No. 345, together with recommendation of approval, 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. 1988-387.
92426 - Moved by Buck, seconded by Brown
that communication from Transportation Program Manager transmitting agreement
with Brown Traffic Products, Inc. of Davenport, Iowa, for traffic signal
control equipment for intersection improvements at Logan/Park, Newell/E. Mullan
and Broadway/Parker in conjunction with Contract No. 341, UST -57-2(15)--4A-07
and U -ST -63-6(52)--4A-07, 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. 1988-388.
July 5, 1988 Page 4
Documents - continued
92427 - Moved by Buck, seconded by Brown
that communication from City Planner transmitting Capital Improvements Program
Fiscal Year 1989-1993, be received, placed on file and "Resolution approving
said document", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-389.
92428 - Mayor McKinley announced that the time had arrived for discussion on a
three-year professional services agreement with Cedar Valley Partnership. He
explained that the agreement allows the current City staff member assigned to
the Cedar Valley Partnership, Greg Pettiecord, to remain as a City employee for
the first year of the contract. In years two and three of the contract, he
would become an employee of Cedar Valley Partnership and the City would pay
Cedar Valley Partnership $35,000 each of the second and third year. The
agreement also calls for a flat payment of $10,000 to Cedar Valley Partnership,
for a total of $45,000 per year. The City of Cedar Falls, WIDA, the Chamber of
Commerce and EDC have also signed similar agreements transferring their
personnel to Cedar Valley. Councilperson Angel stated that she felt the City
was losing its accountability for this employee if he were transferred to Cedar
Valley.
Mayor McKinley stated that accountability of the organization and its personnel
will be based on results. An action plan from Cedar Valley will be forthcoming
to include marketing and new business recruitment, business
retention/expansion, and creation of new business incubators. He stated that
the City should be interested in the objectives and the results rather than in
"turf building".
Moved by Brown, seconded by Fox
that communication from Planning and Development Director transmitting
three-year professional services agreement with the Cedar Valley Partnership,
be received, placed on file and "Resolution approving said agreement", be
adopted and Mayor authorized to execute same.
Prior to a vote, the following discussion was heard.
Don Temeyer, Planning and Development Director, reiterated the terms of the
agreement.
Kathy Oberle, 710 Forest Avenue, questioned the contents of the agreement.
Mayor McKinley again stated that this partnership is our opportunity to work as
a unit. Cedar Valley Partnership is not looking at hiring any more
individuals. Mr. Pettiecord's salary will be as approved by the City Council
on June 27, 1988.
Councilperson Wright expressed her concern that there are no staff members from
the east side nor goals set for east side redevelopment.
Mayor McKinley reported that the Board of Cedar Valley includes minority and
labor representation. There are no minorities on the Cedar Valley staff;
however, people who are working for Cedar Valley are persons that were in
existing and similar positions in their respective organizations.
Councilperson Dell stated that the agreement contains a provision that allows
for a yearly evaluation of the agreement, with a 60 day cancellation clause.
Councilperson Brown stated that this is the first time that all parties
involved with economic development have been working together in support of
this concept.
Bill Lemke, 149 Madison Avenue, stated that the MRI Study funded by Community
Development Block Grants in the amount of $90,000 stated that this was an
important step to take. He stated that the City should go along with the
direction provided by this report.
Councilperson Angel stated that she has not yet received an update from the
Cedar Valley Organization since its inception. '"ti
July 5, 1988 Page 5
Documents - continued
Mayor McKinley stated that he is an ex -officio member of the Executive
Committee and is very willing to provide the Council with information relating
to Cedar Valley's activities. He stated that it is hard to judge negatively
upon the organization when you don't know what they are doing.
Councilperson Angel formally requested an update of the organization's
activities.
Kathy Oberle, 710 Forest Avenue, stated that it is important that we all get
educated to what is going on in the community and that we spend our money
wisely. For example, she stated that the MRI Study has not been explained to
the public.
Councilperson Budak asked what Mr. Pettiecord will be doing differently. It
was stated that he will be working on similar work, including CEBA applications
and financial information. Mayor McKinley stated that it is difficult for Greg
to work for two people and the agreement will serve to coordinate all
activities.
A vote was taken on the above motion with the following result: Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-390.
RESOLUTION TO BE ADOPTED
92429 - Moved by Angel, seconded by Buck
that "Resolution setting date of hearing as July 18, 1988 at 7:00 p.m. in the
City Hall Council Chambers on sale of City -owned property to Hope M. Anderson
generally located at the southwest corner of San Marnan and Iowa Highway 21",
be adopted and Deputy Clerk/Auditor instructed to publish notice of same.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-391.
ORDINANCES TO BE ADOPTED
92430 - Moved by Dell, seconded by Brown
that "an Ordinance amending the 1988 Traffic Code by repealing Subsection 8(b)
of Section 308, Handicapped Parking; and by enacting in lieu thereof a new
Subsection 8(b) of Section 308, Handicapped Parking", be received, placed on
file, passed and considered for the first time.
Prior to a vote on the above motion, the following discussion was heard.
Shirley Koslowski, 816 Archer Avenue, questioned the contents of the ordinance
change. Molly Frazer, Assistant City Attorney, stated that the ordinance
raises the fine from $15 to $25 for persons parking in handicap stalls. Ms.
Koslowski stated that she appreciated the ordinance change and asked that the
City survey its public buildings to see if there is adequate handicap parking
available. She asked that the Mayor and City Council "set the tone" for
violators of the ordinance. She stated that handicap parking should meet the
needs of the handicapped.
Larry Dolan, Assistant Police Chief, stated that enforcement of the ordinance
is covered as well as possible given staffing levels. He stated that the
Police Department will continue to monitor violators.
A vote was taken on the above motion with the following result: Ayes: Seven.
Motion carried.
92431 - Moved by Buck, seconded by Wright
that rules requiring ordinances to be considered and voted for passage at two
prior meetings, be suspended, and 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.
July 5, 1988
Ordinances to be Adopted - continued
92432 - Moved by Budak, seconded by Wright
Page 6
that "an Ordinance amending the 1988 Traffic Code by repealing Subsection 8(b)
of Section 308, Handicapped Parking; and by enacting in lieu thereof a new
Subsection 8(b) of Section 308, Handicapped Parking", be adopted. Ayes:
Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3567.
92433 - Moved by Fox, seconded by Wright
that "an ordinance amending the 1988 Traffic Code by adding Subsections (69c)
Edgebrook Drive and (220c) Peoria Street, to Section 551, Parking Prohibited at
All Times on Certain Streets", be received, placed on file, passed and
considered for the first time. Ayes: Seven. Motion carried.
92434 - Moved by Brown, seconded by Buck
that rules requiring ordinances to be considered and voted for passage at two
prior meetings, be suspended, and 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.
92435 - Moved by Fox, seconded by Wright
that "an ordinance amending the 1988 Traffic Code by adding Subsections (69c)
Edgebrook Drive and (220c) Peoria Street to Section 551, Parking Prohibited at
All Times on Certain Streets", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3568.
BILLS PAYMENT
92436 - Moved by Angel, seconded by Wright
that "Resolution approving Schedule A918, pp. 1-10, in the amount of
$411,040.08, 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. 1988-392.
NEW BUSINESS
92437 - Moved by Wright, seconded by Buck
that the City Engineer be instructed to prepare plans, specifications, etc. in
conjunction with F.Y. 1989 Paving Program, Contract No. 352, be received and
placed on file. Motion carried.
92438 - Moved by Buck, seconded by Wright
that "Resolution preliminarily approving plans, specifications, etc. for F.Y.
1989 Paving Program, Contract No. 352", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-393.
92439 - Moved by Angel, seconded by Wright
that "Resolution setting date of hearing and taking of bids as July 25, 1988,
at 7:00 p.m. in City Hall Council Chambers on plans, specifications, etc. for
F.Y. 1989 Paving Program, Contract No. 352", be adopted and Deputy
Clerk/Auditor instructed to publish notice of same.
Prior to a vote on this motion, the following discussion was heard.
Discussion was heard on the City's 5 percent minority participation on
contracts and the fact that it was a goal and not a quota.
i•
4.61
July 5, 1988 Page 7
New Business - continued
After discussion, moved by Buck, seconded by Wright
that the above motion be amended to require that the specifications on said
contract require 5 percent minority participation and 1 percent female
participation with assistance and guidance given by the Contract Compliance
Officer and that if any exceptions to these requirements are made, that the
Council be informed. Motion carried.
92440 - A roll call was then called for on the motion as contained above, as amended,
with the following result: Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1988-394.
MISCELLANEOUS
92441 - Moved by Buck, seconded by Wright
that the following applications for Beer and Liquor Licenses, be received,
placed on file, approved and endorsed applications forwarded to the Iowa Beer
and Liquor Control Department and application for theater license, application
for massage technician permit and cigarette license applications, be received,
placed on file and approved:
1.
Beer License Permit Application
Class C
Pony Express, 1459 Ansborough Avenue (Renewal) (Expires 7/10/89) (Includes
Sunday Sales)
Dell Oil Ltd., 90 West 18th Street (Renewal) (Expires 7/11/89) (Includes
Sunday Sales)
2. Beer and Liquor License
Class C
Anchor Lounge, 324 West
Alley-Oop, 308 East 7th
Permit Application
4th Street (Renewal) (Expires 7/15/89)
Street (Renewal) (Expires 7/28/89)
Application for Theater License
Mini Cinema 16, 315 East 4th Street
Application for Massage Technician Permit
Sandra Lynn Nabholz
Cigarette License Applications
Fifty-nine (59)
Motion carried.
BONDS
92442 - Moved by Angel, seconded by Wright
that the report of City Attorney and list of bonds filed with Clerk/Auditor
through July 5, 1988, be received, placed on file and report and bonds
approved. Motion carried.
ORAL PRESENTATIONS
92443 - Vonnie Jackson, 838 Howard, asked why Midtown Development had not yet paid
their taxes and why they were paying a special assessment. Mayor McKinley
explained that the special assessment was for their portion of the improvements
to the Park Avenue ramp. She asked why the City continues to indicate that the
TIF Fund will pay for improvements when no one is paying into the fund. Mayor
McKinley responded by stating that the City cannot make anyone pay their taxes,
but if they are left unpaid, they will go up for auction. Councilperson Budak
questioned why Ms. Jackson continues to mention only the owner of the Sycamore
501 Building since many people in the City do not pay their taxes.
July 5, 1988
Page 8
Oral Presentations - continued
Councilperson Angel brought to the attention of the Council a complaint she had
concerning a cabin that the Chain of Lakes Authority recently purchased. She
stated that adjoining neighbors are complaining of wild parties and the use of
the cabin by the Executive Director, Lee Miller. His Board has given him
authority to use the cabin by paying the monthly utilities.
Leon Mosley, 99 John Street, stated that following a Prairie Park Apartment
Association meeting on June 26, there was a confrontation with several
youngsters in the parking lot. He called emergency 911 and waited for a
response from the Police Department for 35 to 45 minutes. He indicated that
there is not adequate manpower on the police force to answer calls. The youths
had been in attendance at a "rap session" at Gates Park where it was explained
that many of the City's police force was needed. He stated that the situation
could have been worse and that today's youths have very little respect for
Police Department personnel. Mr. Mosley also asked that the City consider
elimination of angle parking on Sycamore Street between East Park Avenue and
East Third Street.
Kathy Oberle, 710 Forest Avenue, asked for clarification on the proposed local
option sales tax. Since she has been gone, she has heard many rumors as the
proposed use of the tax. Mayor McKinley stated that the local option tax
proposition is an opportunity to provide property tax relief to the citizens
and share the burden of services among those who use it. Sixty percent of the
tax would be directed to property tax relief, 25 percent for street
improvements and 15 percent for quality of life. A Quality of Life Commission
will be appointed with representation from each of the seven Councilpersons and
two appointments from the Mayor. This Commission will on an annual basis make
recommendations to the City Council for the annual 15 percent. Mayor McKinley
also stated that the local option sales tax will help the City's bond rating
and also economic development. Kathy Oberle stated that not enough information
is available to the public on this issue. She reiterated her desire to have
a tax that will help everyone. She stated that it is necessary for specific
and tangible results of the money spent. Councilperson Brown asked whether or
not she had heard much opposition to the local option sales tax because some
community members feel that it will be spent solely on a sports complex. Kathy
Oberle stated that she has heard no opposition to the sports complex issue.
Councilperson Buck stated that he would like to publicly thank Mike Mrzlak,
Superintendent of Sign and Traffic Department, for his responsiveness to his
request to activate two or three school crossing signals.
Donna Vollenweider, 2733 Fairlaine Avenue, asked why City officials were
noticeably absent from the IBP groundbreaking and whether there had been any
changes in the site. Councilmembers responded by indicating that they were not
aware of a special groundbreaking ceremony. Mayor McKinley explained that
there had been no significant changes to the site and that bids have been let
on ground excavation to a Mason City contractor. IBP is not required to have
minority contractors.
Ernie Boykin, 530 Hope Avenue, asked what are the future plans of the Council
on setting goal requirements for minority participation in future City
contracts. It was stated that the City will be reviewing this soon.
Mayor McKinley restated the City's policy concerning oral presentations.
Beginning July 11, 1988, each member of the public will be given an opportunity
to speak five minutes on a subject of their choice. Lately, oral presentations
have been exceeding the five minute limitation.
Moved by Buck, seconded by Wright
that the oral presentations be received and placed on file and that the meeting
be adjourned. Motion carried.
Larry P. Burger
Clerk/Auditor