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HomeMy WebLinkAbout08/12/91August 12, 1991 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 August 12, 1991. Mayor Bernard L. McKinley in the Chair. Roll Call: Fox, Buck, Wright, Budak, Brown. Absent: Dell, Angel. Invocation by: Councilperson Willie Mae Wright Pledge of Allegiance: Don Temeyer, Planning and Development Director Mayor Bernie McKinley read a proclamation declaring the week of August 25-31, 1991 as "Firefighter Appreciation Week." 97972 - Moved by Buck, seconded by Wright that the Agenda, as amended, for the Regular Session on August 12, 1991, at 7:00 p.m., and the Minutes of the Regular Session on August 5, 1991, at 7:00 p.m., be accepted and approved. Motion carried. ADJOURNED HEARING 97973 - HOLD HEARING --The Mayor announced that the time had arrived for the adjourned hearing from August 5, 1991 (see CR 97922) on the request of Terri Semelroth to rezone from "R-3" Multiple Residence District to "C -Z" Conditional Zoning District property at 700 West Eleventh Street for a hair salon to be built at the rear of existing building. Moved by Budak, seconded by Fox that the hearing be closed and request denied. Ayes: Five. Absent: Dell, Angel. Motion carried. ADJOURNED ASSESSMENT HEARING 97974 - Moved by Budak, seconded by Fox that "Resolution adopting Proposed Resolution of Necessity, as proposed, for the F.Y. 1991 Gram Court Sanitary Sewer, Contract No. 405", be tabled for one week. Ayes: Five. Absent: Dell, Angel. Motion carried. HEARINGS AND BIDS 97975 - Moved by Wright, seconded by Buck that proof of publication of notice of public hearing on plans, specifications, form of contract, etc. and taking of bids for the F.Y. 1992 Sidewalk Repair Block Grant Program - Zone 3, Contract No. 410, as published in the Waterloo Courier on August 1, 1991, be received and placed on file. Motion carried. 97976 - 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 Fox that "Resolution confirming the approval of plans, specifications, form of contract, etc., in conjunction with said project", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-505. 97977 - Moved by Fox, seconded by Brown that "Resolution ordering construction", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-506. August 12, 1991 Page 2 Hearings and Bids - continued 97978 - Moved by Wright, seconded by Budak to receive, file and instruct Deputy Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (see CR 98017 for award of contract): Bidder Bid Bond Bid Amount Borwig Building Service, Waterloo, IA 5% $30,953.15 Knish Construction Co., Montgomery, MN 5% $31,010.40 Dolan Concrete & Masonry Inc., Waterloo, IA 5% $37,661.00 Motion carried. 97979 - Moved by Buck, seconded by Fox that proof of publication of notice of public hearing on plans, specifications, form of contract, etc. and taking of bids for the West Mullan Area Road Improvements, Contract No. 421, as published in the Waterloo Courier on August 1, 1991, be received and placed on file. Motion carried. 97980 - 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 Budak that "Resolution confirming the approval of plans, specifications, form of contract, etc., in conjunction with said project", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-507. 97981 - Moved by Budak, seconded by Wright that "Resolution ordering construction", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-508. 97982 - Moved by Fox, seconded by Brown to receive, file and instruct Deputy Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (see CR 98018 for award of contract): Bidder Bid Bond Bid Amount Youngblut Contracting Inc., Washburn, IA 5% $276,622.82 Cunningham Construction, Cedar Falls, IA 5% $213,462.39 Cedar Valley Corporation, Waterloo, IA 5% $227,617.60 Motion carried. 97983 - Moved by Budak, seconded by Brown that proof of publication of notice of public hearing on plans, specifications, form of contract, etc., and taking of bids for the West Fourth Street Sidewalk and Lighting Improvements, Contract No. 422, as published in the Waterloo Courier on August 1, 1991, be received and placed on file. Motion carried. 97984 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Vonnie Jackson, 1838 Howard Avenue, questioned whether this project was in the Tax Increment Financing (TIF) District. Bob Stevenson, City Planner, stated that a portion of the project area is within the TIF area, but that the project is being funded with General Obligation Bonds rather than TIF funding. August 12, 1991 Page 3 Hearings and Bids - continued Kathy Oberle, 710 Forest Avenue, stated that the project does not fit within the essential corporate purpose definition in the State Code. She stated that the citizens of this community should be able to vote prior to expenditure of these funds. She stated that the Police Chief should be very disturbed with spending taxpayers' money on such a project. Mayor McKinley stated that lighting is an essential corporate purpose and that it is not the city's intent to negate the law. Regardless of the type of lighting that is installed along West Fourth Street, some type of lighting must be placed in the area. Ms. Oberle responded that the city has, in the past, turned lights off in an effort to save money and now she does not understand the city spending money to add additional lights. Councilperson Brown reminded Ms. Oberle that the city did not reduce the budget to decrease lighting costs. Terry Poe, Executive Director of the Waterloo Downtown Council, thanked the Council for their efforts to beautify the downtown with this project. Moved by Buck, seconded by Wright that "Resolution confirming the approval of plans, specifications, form of contract, etc., in conjunction with said project", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-509. 97985 - Moved by Fox, seconded by Brown that "Resolution ordering construction", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-510. 97986 - Moved by Buck, seconded by Wright to receive, file and instruct Deputy Clerk/Auditor to open and read bids and refer to City Planner for review and recommendation (award of contract delayed): Bidder Bid Bond Alt. 1 Total Alt. 2 Total Alt. 3 Total Youngblut Contracting, Inc. 5% $284,077.90 No Bid $293,611.40 Washburn, IA Rampart Corporation 5% $308,397.24 $349,847.24 $317,516.24 Waterloo, IA Cunningham Construction 5% $281,509.75 $285,654.75 $289,799.75 Cedar Falls, IA Motion carried. UNFINISHED BUSINESS 97987 - Moved by Brown, seconded by Wright that communication from Planning and Development Director transmitting recommendation of award of contract to Don Gardner Construction Company of Waterloo, Iowa in the amount of $87,695.00 for Renovation of Police and Planning and Development Departments, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-511. August 12, 1991 Page 4 Unfinished Business - continued 97988 - Moved by Budak, seconded by Brown that communication from Planning and Development Director transmitting recommendation of award of contract to Advanced Technologies Corporation of Cedar Falls, Iowa in the amount of $22,665.00, for the City Hall Renovation Asbestos Removal, Phases I, II, III, and IV (Police Department and Second Floor of City Hall), be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-512. 97989 - Moved by Fox, seconded by Buck that communication from Associate Engineer transmitting recommendation of award of contract to Rampart Corporation of Waterloo, Iowa in the amount of $65,838.80 for the F.Y. 1992 Intake Replacement Program, Contract No. 427, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-513. PETITIONS FROM PUBLIC 97990 - Moved by Wright, seconded by Brown that communication from City Engineer transmitting request of Maynard J. Ehlers for a temporary concrete driveway to be located at 1702 Byron Avenue, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-514. REPORTS 97991 - Moved by Wright, seconded by Brown that the Waterloo Housing Authority Ridgeway Towers and Section 8 Waterloo Housing Certificate Program --July 1991 be received and placed on file. Motion carried. DOCUMENTS 97992 - Moved by Brown, seconded by Wright that communication from Planning and Development Director transmitting Contracts, Bonds and Certificates of Insurance from Don Gardner Construction Company of Waterloo, Iowa in the amount of $87,695.00 for the Renovation of Police and Planning and Development Departments, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-515. 97993 - Moved by Brown, seconded by Wright that communication from Planning and Development Director transmitting Contracts, Bonds and Certificates of Insurance from Advanced Technologies Corporation of Cedar Falls, Iowa in the amount of $22,665.00 for the City Hall Renovation Asbestos Removal, Phases I, II, III, and IV (Police Department and Second Floor of City Hall), be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-516. August 12, 1991 Page 5 Documents - continued 97994 - Moved by Brown, seconded by Wright that communication from Assistant City Engineer transmitting an application to Perform Work Within State Highway Right -of -Way to construct a haul road in the right-of-way of U.S. Highway 20 in conjunction with Hess Road Box Culvert Project, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-517. 97995 - Moved by Brown, seconded by Wright that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance from Rampart Corporation of Waterloo, Iowa in the amount of $65,838.80 for the F.Y. 1992 Intake Replacement Program, Contract No. 427, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-518. RESOLUTIONS TO BE ADOPTED 97996 - The Mayor announced that the time had arrived for discussion on the acquisition of 75 acres of property owned by K. J. Kurtenbach known as the East Waterloo Airport. Al Manning, 919 Fairview Avenue, asked that a brief explanation be provided for the purchase of this property. Mayor McKinley stated that the northeast quadrant of the community has experienced rapid industrial growth. The city has continued to monitor needs at the Wastewater Treatment Plant and earmarked $2.5 million for sewer improvements in the last bond issue. Various improvements were studied, including the construction of an aerobic lagoon. Various sites for this structure were reviewed, and the best site was determined to be on the Kurtenbach property. This lagoon will handle sewage from existing industries in the northeast quadrant as well as provide opportunities for future expansion. After review of the lagoon at the FDL Plant in Dubuque, it was determined that the best way to address wastewater treatment needs in the city would be to construct such a facility. This structure will address overflow problems at the plant as well as reduce chemical costs in the future. Mr. Manning questioned whether the $2.5 million in bond proceeds had been earmarked for this facility and whether residential users would experience continued sewer rate increases because of this construction. Mayor McKinley stated that sewer increases were instituted to accommodate plant improvements. He stated that he would reserve comment at this time on whether residential users could anticipate additional sewer rate increases pending further clarification of the agreement. It is hoped the agreement can be brought back for formal action by the Council on Monday, August 19, 1991. Vonnie Jackson, 1838 Howard Avenue, asked how much money the city has in IBP. Mayor McKinley responded that the city "does not have any money in IBP." Moved by Budak, seconded by Brown that "Resolution approving acquisition of 75 acres of property owned by K. J. Kurtenbach known as East Waterloo Airport", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-519. August 12, 1991 Page 6 Resolutions to be Adopted - continued 97997 - Rod Larsen, Transportation Planner with the Iowa Northland Regional Council of Governments (INRCOG), stated that this grant application was the second to be submitted for trail development of the East Lake area. The trail, if approved, would be constructed along the south side of the East Lake from U.S. Highway 218 to Cedar Bend. The estimated cost of the project is $190,000 with no local matching funds required. When constructed, this trail will eventually tie into the downtown and Cedar Valley Nature Trail areas. If approved, the city would be responsible for the $3,000 filing fee incurred by INRCOG. Moved by Buck, seconded by Brown that "Resolution approving grant application for Resource Enhancement and Protection (REAP) funds for trail development for the East Lake Recreational area in the Chain of Lakes Plan in the City of Waterloo, Iowa", be adopted and a Memorandum of Understanding for preparation of said grant application be received, placed on file and approved and Mayor authorized to execute same. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-520. 97998 - Moved by Buck, seconded by Brown that "Resolution authorizing commencement of condemnation proceedings for total and partial acquisition for Parcel No. 2 (parking lot adjacent to McKinley Street) and Parcel No. 9 (300 West Mullan Avenue) in conjunction with Relocated Westfield Avenue Improvements, Contract No. 419", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-521. ORDINANCES TO BE ADOPTED 97999 - Moved by Budak, seconded by Wright that "an Ordinance vacating the eight (8) foot platted utility easement generally located along property at 918 Colby Road --Dennis Lee", be received, placed on file, considered and passed for the second time. Ayes: Five. Absent: Dell, Angel. Motion carried. 98000 - Moved by Brown, seconded by Fox that "an Ordinance vacating the sidewalk generally located along David Street, adjoining property at 520 West Parker Street --Vose Moving Company", be received, placed on file, considered and passed for the second time. Ayes: Five. Absent: Dell, Angel. Motion carried. 98001 - Moved by Fox, seconded by Buck that "an Ordinance vacating a portion of the fifty (50) foot platted building line at 1345 Prospect Boulevard --Frederic Friedman", be received, placed on file, considered and passed for the second time. Ayes: Five. Absent: Dell, Angel. Motion carried. 98002 - Moved by Buck, seconded by Wright that "an Ordinance vacating the five (5) foot platted utility easement generally located along the property at 509 Creston Avenue --Bob Reichenbacker", be received, placed on file, considered and passed for the second time. Ayes: Five. Absent: Dell, Angel. Motion carried. 98003 - Moved by Wright, seconded by Fox that "an Ordinance amending Zoning Ordinance No. 2479, as amended, as it pertains to the Flood Plain Management Program definition of "substantial improvement" and "substantial damage" --Federal Flood Insurance Agency", be received, placed on file, considered and passed for the second time. Ayes: Five. Absent: Dell, Angel. Motion carried. August 12, 1991 Page 7 Ordinances to be Adopted - continued 98004 - Moved by Fox, seconded by Budak that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 265 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the second time (request of Gerald Schoenfelder to rezone from "R-1" One and Two Family Residence District and "R-3" Multiple Residence District to "R-3, R -P" Planned Residence District property generally located south of vacated Murphy Road and east of Alexandria Drive to allow more flexible development of the area). Ayes: Five. Absent: Dell, Angel. Motion carried. 98005 - Moved by Brown, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 266 to Section 2A-5, Rezoning Certain Property" be received, placed on file, considered and passed for the second time (request of Bill Colwell to rezone from "R-3" Multiple Residence District to "C-2" Commercial District property generally located across the alley to the west of Bill Colwell's Auto Mart located at 90 Franklin Street to allow two lots to be used as a parking lot for leased cars). Ayes: Five. Absent: Dell, Angel. Motion carried. 98006 - Moved Buck, seconded by Wright that "an Ordinance repealing Subsection (f)(1) of Section 27-8, Curfew, of Chapter 27, Offenses -Miscellaneous, of the Code of Ordinances of the City of Waterloo, Iowa; and by enacting in lieu thereof a new Subsection (f)(1) of Section 27-8, Curfew of Chapter 27, Offenses -Miscellaneous (enacting $100 fine or imprisonment not to exceed 30 days for minor violating curfew ordinance)", be received, placed on file, considered and passed for the second time. Ayes: Five. Absent: Dell, Angel. Motion carried. BILLS PAYMENT 98007 - Moved by Buck, seconded by Wright that "Resolution approving Schedule A918, pp. 1-68, in the amount of $3,674,620.60, dated August 12, 1991, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Four. Abstain: Fox. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-522. NEW BUSINESS 98008 - Moved by Budak, seconded by Buck that communication from City Planner transmitting proposed new ward and precinct boundaries, be received, placed on file and "Resolution setting date of hearing as August 19, 1991, at 7:00 p.m. in the City Hall Council Chambers on said proposed ward and precinct boundaries", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-523. 98009 - Moved by Budak, seconded by Buck to instruct City Engineer to prepare plans, specifications, form of contract, etc., for the F.Y. 1991 Gram Court Sanitary Sewer, Contract No. 405, be received, placed on file and approved. Motion carried. 98010 - Moved by Budak seconded by Buck that plans, specifications, form of contract, etc., for the F.Y. 1991 Gram Court Sanitary Sewer, Contract No. 40-5, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-524. August 12, 1991 Page 8 New Business - continued 98011 - Moved by Budak, seconded by Buck that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as August 26, 1991, at 7:00 p.m. in the City Hall Council Chambers on the above described project", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-525. 98012 - Moved by Budak, seconded by Buck that communication from Personnel Director transmitting payout of frozen sick leave for Ron Johnson, subject to Letter of Agreement and establishment of guardianship/conservatorship, be received, placed on file and approved. Motion carried. 98013 - Mayor McKinley stated that he was pleased to bring to the Council the appointment of James Walsh to the position of City Attorney. With the recent vacancy created by the resignation of Hugh Field, the Mayor began an extensive study of city attorneys' offices in other cities within the state. He determined that we currently have a very efficiently run attorney's office at a low cost. When reviewing applicants for the position, Mr. Walsh was the top candidate in terms of having a good reputation in the community, excellent management experience, and the respect of his colleagues. Although he is a Cedar Falls resident, the city has no residency requirements for department or division heads. Although the city could adopt a resolution restricting residency to the Waterloo area, the Waterloo/Cedar Falls area is construed as Cedar Valley communities and the issue of residency becomes moot. His firm (Clark, Butler, Walsh & McGivern) paid substantial property taxes during the past year. As an involved member of the community, the Mayor presented to the Council James Walsh as his appointment to the position of City Attorney. Moved by Buck, seconded by Brown that communication from Mayor Bernie McKinley transmitting recommendation of appointment of James Walsh to the position of City Attorney, effective August 19, 1991, be received, placed on file and approved. Motion carried. Travel Requests 98014 - Moved by Brown, seconded by Buck that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Maureen Newbill, JAG Administrative Director, to pick up items in Coon Rapids, Iowa, to be loaned to the Junior Art Gallery for the Soviet Union Exhibition, on August 9, 1991, with costs not to exceed $100.00. 2. Rose Angel, Willie Mae Wright and Sammie Dell, Councilpersons, to attend National League of Cities Congress of Cities and Exposition in Las Vegas, Nevada on December 12-16, 1991, with costs not to exceed $1,350.00 each. 3. Thomas Jennings, Police Sergeant, and Michael Beener, Police Captain, to attend M.O.C.I.C. Annual Conference & Training Session in Brainerd, Minnesota, on September 29 -October 2, 1991, with costs not to exceed $586.10, including the use of city vehicle. 4. Larry Burger, Clerk/Auditor, Don Temeyer, Planning and Development Director, and Jim Rodemeyer, Personnel Director, to attend League of Iowa Municipalities 93rd Annual Convention in Cedar Rapids, Iowa, on September 11-13, 1991, with costs not to exceed $325.00 each. Motion carried. August 12, 1991 Page 9 MISCELLANEOUS 98015 - Moved by Brown, seconded by Buck 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 massage technician permit application be received, placed on file and approved: 1. Beer License Permit Application Class C Lafayette Kerr McGee, 2100 Lafayette Street (Renewal) (Expires 9/24/92) (Includes Sunday Sales) 2. Liquor License Permit Application Class E Independence Avenue Liquors, 1825 Independence Avenue (Renewal) (Expires 8/14/92) (Includes Sunday Sales) Application for Massage Technician Permit Joseph Bobst, 1629 Pleasant Valley Motion carried. 98016 - Eric Thorson, City Engineer, informed the Council that he had reviewed the bids and determined that the F.Y. 1992 Sidewalk Repair Block Grant Program - Zone 3, Contract No. 410 should be awarded to Borwig Building Service of Waterloo, Iowa. He stated that Borwig Building Service had achieved a 5 percent Minority Business Enterprise (MBE) goal and 1 percent Disadvantaged Business Enterprise (DBE) goal. Moved by Buck, seconded by Wright that "Resolution authorizing award of contract to Borwig Building Service of Waterloo, Iowa, in the amount of $30,953.15 for the F.Y. 1992 Sidewalk Repair Block Grant Program - Zone 3, Contract No. 410", be adopted (see CR 97978 for opening of bids). Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-526. 98017 - Eric Thorson, City Engineer, informed the Council that he had reviewed the bids and determined that West Mullan Avenue Area Improvements, Contract No. 421, should be awarded to Cunningham Construction of Cedar Falls, Iowa. He stated that Cunningham Construction has achieved a 6.6 percent Minority Business Enterprise (MBE) goal and 0 percent Disadvantaged Business Enterprises (DBE), but Rudy Jones, Contract Compliance Officer, recommended approval of the contract. Moved by Buck, seconded by Wright that "Resolution authorizing award of contract to Cunningham Construction of Cedar Falls, Iowa, in the amount of $213,462.39 for the West Mullan Area Road Improvements, Contract No. 421", be adopted (see CR 97982 for opening of bids). Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1991-527. ORAL PRESENTATIONS 98018 - Kathy Oberle, 710 Forest Avenue, questioned today's article in the Des Moines Register which listed Iowa cities and the surplus or deficit each had in their pension funds. She questioned why the City of Waterloo had such a large deficit. August 12, 1991 Page 10 Oral Presentations - continued Mayor McKinley responded that the article was the result of recent state legislation which combines all local pension funds into one pension fund to be governed by a statewide Pension Board of Directors. In determining the individual contribution rates for each city, the State Pension Board employed an actuary to determine the level of participation that each city would be asked to contribute to the statewide fund commencing on January 1, 1992. Mayor McKinley stated that although the City of Waterloo was shown as owing a large contribution to the fund, the board's recommendations are not final. He cited this as an excellent example of the State of Iowa passing its budget problems onto localities which have no way to raise funds except through property tax levies. Mayor McKinley stated that the city would be working very closely with the Iowa League of Municipalities and other large cities to arrive at an equitable solution. Kathy Oberle, 710 Forest Avenue, asked that the City Attorney be instructed to determine whether the Fourth Street Lighting Project (see CR 97984) is an essential corporate purpose. The Mayor stated that bond counsel has already determined that street lighting is an essential corporate purpose and the city has followed all the laws in this regard. Mel Smelser, 2235 Temple Avenue, stated that he would be circulating a petition calling for four-year staggered terms for City Council Members. He stated that it was his intent to place this issue on the November General Election ballot resulting in no additional cost to the city. He invited the Mayor to sign his petition in support. Mayor McKinley stated that although he was in favor of staggered terms, he would first check with the Election Commissioner to determine whether a special election was necessary or whether it could be placed on the November ballot. Pam Truax, 400 Wellington Street, commented that her son, who was beaten at the Mitchell Avenue sandpits (see CR 97883 of July 22, 1991), is now walking but will remain in the hospital for one more month. She asked whether the city had made any progress on fencing the Riverview area. Jerry Derifield, 227 Courtland Street, asked that the city take quick action to relieve the situation in the Riverview area by constructing a fence. He also questioned what is meant by a recent "Call the Courier" question that stated that the City of Waterloo "mainly owned" the Riverview area. He also questioned why people could not be arrested on public property when they can be arrested for public intoxication on public right of way. He also suggested that the money that is being used for additional patrol on University Avenue be used for the construction of a gate and fencing in the Riverview area. Mr. Derifield presented a petition asking that the City of Waterloo either have night supervision or close the sandpits from 9:00 p.m. until 7:00 a.m. Mayor McKinley stated that the real problem is in the minds and attitudes of people. He asked that people stay out of the Riverview area, and stated that the city cannot legislate social changes. Although he recognized that gates and fences would slow the problem, it would not completely eliminate the problems in the area. Doris Derifield, grandmother of the victim, suggested that teenagers in the community need more recreational opportunities. Jenny Shay, 2221 Hammond Avenue, questioned whether the problem of constructing a fence is a money problem. The Mayor responded that the city has looked at several alternatives to address the problem but has not yet determined a final solution. Vonnie Jackson, 1838 Howard Avenue, questioned why the city could find in excess of $300,000 for a street lighting project but could not find $3,000 to construct a gate and fence to save the lives of individuals. Councilperson Wright introduced Thomas Anderson, 404 Wendell Court. Mr. Anderson encouraged the redevelopment of the Logan Plaza Shopping Center and location of black business to the area. August 12, 1991 Page 11 Oral Presentations - continued Councilperson Budak asked that staff review the use of temporary signs by Boy Scouts who will soon be advertising a pancake breakfast. He stated that the Gateway Ordinance prevents the use of temporary signs, but that some exception should be given to non-profit agencies. Councilperson Brown noted the recent passing of Reverend L. J. Jordan. His death will be a great loss to the community. Chris Dunn, 613 Cottage Street, asked that the Council stop using the word "river" to determine locations in the city and that the entire community work together for the common good of all people. Moved by Buck, seconded by Wright that the above oral comments be received, placed on file and that the Council be adjourned at 8:35 p.m. Motion carried. Michelle Temeyer Deputy City Clerk/Auditor