HomeMy WebLinkAbout06/24/91June 24, 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 June 24, 1991. Mayor Bernard L. McKinley in
the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown.
Invocation by: Councilperson Dave Buck
Pledge of Allegiance: John Meyer, Public Works Director
97631 - Moved by Buck, seconded by Angel
that the Agenda, as amended, for the Regular Session on June 24, 1991, at 7:00
p.m., and the Minutes of the Regular Session on June 17, 1991, at 7:00 p.m., be
accepted and approved. Motion carried.
HEARINGS
97632 - Moved by Wright, seconded by Angel
that proof of publication of notice of public hearing on request of Douglas and
Doris Conley to sell and convey the unimproved portion of alley adjoining the
rear of properties located at 631 Linden Avenue and 520 Rhey Street, as
published in the Waterloo Courier on June 14, 1991, be received and placed on
file. Motion carried.
97633 - 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 Buck
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission be received and placed on file. Motion
carried.
97634 - Moved by Budak, seconded by Wright
that "Resolution authorizing the sale and conveyance of the unimproved portion
of alley adjoining the rear of properties at 631 Linden Avenue and 520 Rhey
Street to Douglas and Doris Conley and rescinding Resolution No. 1991-165", be
adopted and City Attorney instructed to prepare and deliver a deed accordingly.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-356.
97635 - Moved by Dell, seconded by Buck
that proof of publication of notice of public hearing on request of Grace
Chapel Church to sell and convey property located at 1509 Rainbow Drive
acquired for the Hackett Road (Greenhill) Bypass Project, as published in the
Waterloo Courier on June 14, 1991, be received and placed on file. Motion
carried.
97636 - 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 Angel, seconded by Buck
that the hearing be closed. Motion carried.
97637 - Moved by Fox, seconded by Dell
that "Resolution authorizing the sale and conveyance of property located at
1509 Rainbow Drive acquired for the Hackett Road (Greenhill) Bypass Project to
Grace Chapel Church", be adopted and City Attorney instructed to prepare and
deliver a deed accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-357.
June 24, 1991
UNFINISHED BUSINESS
97638 - Moved by Buck, seconded by Fox
Page 2
that communication from Associate City Engineer transmitting recommendation of
award of contract for the F.Y. 1991 Crossroads Drainage Improvements --Hess Road
Culvert, Contract No. 397, to Youngblut Contracting, Inc. of Washburn, Iowa, in
the amount of $180,465.30, be received, placed on file and "Resolution
authorizing award of said contract", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-358.
PETITIONS FROM PUBLIC
97639 - Moved by Budak, seconded by Brown
that communication from City Engineer transmitting request of Michael M. Bowers
for a temporary concrete driveway to be located at 112 Sidehill Drive, together
with recommendation of approval, be received, placed on file and "Resolution
approving said request", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-359.
REPORTS
97640 - Moved by Fox, seconded by Dell
that communication from Superintendent of Traffic Operations transmitting
request of Immanuel United Presbyterian Church, located on the corner of E.
Mitchell and Hammond Avenues, to allow parking on Mitchell Avenue on Sunday
only, be received, placed on file and approved and City Attorney instructed to
prepare an ordinance accordingly. Motion carried.
97641 - Moved by Fox, seconded by Dell
that communication from Superintendent of Traffic Operations transmitting
request of Police Department to install a 100 watt HPS street light in the 200
block of Cottage Street, be received, placed on file and "Resolution directing
Iowa Public Service to install said street light", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-360.
DOCUMENTS
97642 - Moved by Brown, seconded by Dell
that communication from Clerk/Auditor transmitting an agreement with Carney,
Alexander, Marold & Co. to perform the City's Municipal Sanitary Sewage Utility
Audit for the year ending June 30, 1991, be received, placed on file and
"Resolution approving said agreement", be adopted and Mayor authorized to
execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-361.
97643 - Moved by Brown, seconded by Dell
that communication from City Engineer transmitting an application with the Iowa
Department of Transportation for Traffic Safety Funds to be used for
development of an inventory of the City's traffic control signs, be received,
placed on file and "Resolution approving said application", be adopted and
Mayor authorized to execute same and City Engineer authorized to submit
application in behalf of the City. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-362.
June 24, 1991 Page 3
Documents - continued
97644 - Moved by Brown, seconded by Dell
that communication from Transportation Program Manager transmitting Contracts,
Bonds and Certificates of Insurance from Peterson Contractors, Inc. of
Reinbeck, Iowa, in the amount of $3,845,858.43 for Shaulis Road Reconstruction,
M-6470(5)--81-07, be received, placed on file and "Resolution approving said
documents", be adopted and Mayor authorized to execute same. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-363.
RESOLUTIONS TO BE ADOPTED
97645 - Moved by Buck, seconded by Wright
that "Resolution authorizing the transfer of various right-of-way
reimbursements and property management capital accounts to the General Fund
totaling $27,774.40", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-364.
97646 - Moved by Buck, seconded by Wright
that "Resolution amending Resolution authorizing and providing for the issuance
of $5,300,000 Corporate Purpose General Obligation Bonds and levying tax to pay
said Bonds", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-365.
97647 - Moved by Buck, seconded by Wright
that "Resolution transferringfrom the Sewer Rental Fund the sum of $150,241 to
the General Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-366.
97648 - Moved by Buck, seconded by Wright
that "Resolution transferring from the Solid Waste Fund the sum of $150,241 to
the General Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-367.
97649 - Moved by Buck, seconded by Wright
that "Resolution transferring from the Road Use Tax Fund the sum of $804,193 to
the General Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-368.
97650 - Moved by Buck, seconded by Wright
that "Resolution transferring from the Motor Vehicle Parking Fund the sum of
$42,600.01 to the General Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-369.
97651 - Moved by Buck, seconded by Wright
that "Resolution transferring from the Sewer Rental Fund the sum of $54,089 to
the Road Use Tax Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-370.
97652 - Moved by Buck, seconded by Wright
that "Resolution transferring from the Solid Waste Fund the sum of $81,134 to
the Road Use Tax Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-371.
Tune 24, 1991 Page 4
Resolutions to be Adopted - continued
97653 - Moved by Buck, seconded by Wright
that "Resolution reallocating from the East Side Library Renovation Fund the
sum of $87,341 to the General Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-372.
97654 - Moved by Buck, seconded by Wright
that "Resolution transferring from the Motor Vehicle Parking Fund the sum of
$9,015 to the Road Use Tax Fund", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-373.
97655 - Moved by Buck, seconded by Wright
that "Resolution approving and providing for the execution of Housing and
Community Development Block Grant Contract No. B -91 -MC -19-0008 between the City
of Waterloo and the U.S. Department of Housing and Urban Development (17th Year
Community Development Block Grant)", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-374.
97656 - The Mayor announced that the time had arrived for discussion on the resolution
authorizing the Metropolitan Transit Authority to be the recipient of funding
from the City of Waterloo for the transportation of elderly persons.
Virigina McDowell, 106 East 3rd Street, spoke as a bus user and one who
frequents the Central Transfer Station. Many times the bus station is closed
and handicapped individuals are left without restroom facilities or
concessions. She asked that the Council review this before allowing additional
monies to Met.
Walt Stephenson, General Manager of Met Transit Authority, stated that the
Central Transfer Station opens at 8:30 a.m. and is closed on the weekends by
approximately 3:00 p.m. and a few hours later during the week. He stated that
staff currently has an agreement with a private company to operate the facility
but that the Met Board would investigate additional staffing to allow greater
access by patrons.
Moved by Dell, seconded by Buck
that "Resolution authorizing Metropolitan Transit Authority of Black Hawk
County to be the recipient of funding from the City of Waterloo for the
transportation of elderly persons", be adopted together with the recommendation
that the Metropolitan Transit Authority Board investigate longer hours for the
Central Transfer Station. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-375.
97657 - The Mayor announced that the time had arrived for discussion on the resolution
calling for a public referendum on August 6, 1991 to change the present form of
government to a Council -Manager -Ward form.
Councilperson Buck stated that although the State Code requires that the city
place this matter on the ballot, he asked that an economic impact statement be
prepared by city staff detailing the proposed cost of a City Manager. He
estimated that in addition to the approximate $60,000 per year salary,
additional monies would be expended for office staff including a secretary,
travel expenses, together with the approximate election cost of $15,000 to
$20,000. There also would be cost involved in the recruitment process.
Councilperson Wright echoed Mr. Buck's concerns with the considerable cost
factor the city could incur. She also stated that her other reasons for
opposing this form of government was that another layer of bureaucracy would be
added between elected officials and the constituents they serve. She also
stated that it would be very difficult to find an individual who is sensitive
to the needs of the east side.
June 24, 1991 Page 5
Resolutions to be Adopted - continued
Mel Smelser, 2235 Temple Avenue, stated that on his own he had garnered the
signatures of over 2,220 people requesting that this issue be put to vote of
the people. He stated that although it would cost the city money, the city
would have a professional with the educational background to coordinate various
departmental activities. Also, this individual would not be a politician. He
stated that during his signature gathering, there were many dissatisfied people
in the community and that the city could expect to save money over time as
better methods of delivery of service would be found by this individual.
Councilperson Dell took issue with Mr. Smelser's inferred comments which
correlated the proposed efficiency of a city manager to the current quality of
city staff. He encouraged this matter to be brought to a vote of the people
for final determination.
Councilperson Angel stated that she foresaw that Council and city staff would
not work against a city manager if approved, but would use every opportunity to
make it work.
Mayor McKinley stated that with a city manager, the citizens of the community
could expect one more layer of bureaucracy between the citizens and its staff.
Councilperson Fox questioned whether this ballot issue would propose the
enactment of a staggered term of office for City Council Members. It was
stated that the Council -Manager -Ward form of government, if adopted, would
automatically require the Mayor and City Council Members to serve four year
staggered terms.
Mr. Smelser asked the Mayor to address recent comments in the Waterloo Courier
stating that this issue had not been well thought out. Mayor McKinley stated
that the Waterloo Chamber group that had studied this issue several years ago
consisted of a broad based constituency representing all segments of the
community. Their conclusion was done after careful study and review and
contained many opinions.
Michelle Temeyer, Deputy Clerk/Auditor, stated that the petitions submitted by
Mr. Smelser contained in excess of 2,220 signatures, well beyond the required
10 percent of eligible voters who voted in the last municipal election.
Several signatures were found to be from individuals outside the city limits or
had post office boxes instead of addresses, but the number was not insufficient
to invalidate the petition.
In conjunction with the 1990 census, the city will be required to redistrict
and redraw ward lines to reflect current population. If the referendum passes,
the city could be represented by one of the following forms: Four
Councilpersons from four wards with two elected at large and one Mayor, or six
wards and one Mayor elected at large. City staff will be required to
redistrict as required by the petition for the 1990 census data.
Elaine Jaquith, 3148 Marigold Drive, stated that she is not anticipating
running for a City Council position but wanted to relay her experience with the
Council -Manager form of government in a former municipality in which she
resided. As a City Councilperson in that municipality, she stated that this
form of government does not work and is not for the good of the citizens of the
community. Power is centralized in one person. She suggested that the
election process should reward or eliminate good or bad persons in the system.
Changing the form of government will not address the issue of disagreeing with
policy making and decisions. This should be addressed in the election booth.
Kathy Oberle, 710 Forest Avenue, stated that she did not think it was Mr.
Smelser's intention to run the current administration out of office but to
enhance what we currently have. She stated that the Mayor would be forced to
vote on issues of controversy and not blame the Council for decisions. She
stated that the City Manager would add a dimension to our city and would assist
citizens as necessary. She did not think that it would add another layer of
bureaucracy to government but was an opportunity for this city to rise above
its difficulties. She stated that this city should be "Our Waterloo" and not
"My Waterloo."
:Time 24, 1991 Page 6
Resolutions to be Adopted - continued
Moved by Brown, seconded by Angel
that "Resolution calling for public referendum on August 6, 1991 to change the
present form of government to a Council -Manager -Ward form of Government", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-376.
BILLS PAYMENT
97658 - Moved by Buck, seconded by Wright
that "Resolution approving Schedule A918, pp. 1-68, dated June 24, 1991, in the
amount of $698,947.25, copies of which are on file in the Clerk/Auditor's
Office", be adopted. Ayes: Six. Abstain: Angel.
Resolution adopted and upon approval by Mayor assigned No. 1991-377.
NEW BUSINESS
97659 - Moved by Dell, seconded by Brown
to instruct Architect to prepare plans, specifications, form of contract, etc.,
for the Remodeling of City Hall for Police and Planning and Development
offices, be received, placed on file and approved. Motion carried.
97660 - Moved by Dell, seconded by Brown
that plans, specifications, form of contract, etc., for the Remodeling of City
Hall for Police and Planning and Development offices, be received, placed on
file and "Resolution preliminarily approving the same", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-378.
97661 - Moved by Dell, seconded by Brown
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc., and taking of bids as July 22, 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:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1991-379.
97662 - Moved by Dell, seconded by Brown
that communication from City Engineer transmitting appointment of David Ramirez
to the position of Technician, subject to passing the physical examination, be
received, placed on file and approved. Motion carried.
97663 - Moved by Dell, seconded by Brown
that communication from Director of Parks and Forestry transmitting appointment
of Dean Fagerlind to the position of Golf Coordinator, Todd Derifield to the
position of Forestry Coordinator effective June 25, 1991 and Joseph Dinnebier,
Joseph McCracken and John O'Brien to the position of Golf Maintenance I,
subject to passing physical examination, be received, placed on file and
approved. Motion carried.
97664 - Moved by Dell, seconded by Brown
that communication from the Director of Waterloo Recreation and Arts Commission
transmitting the appointment of Paulette Louise Hawkenson to the position of
Bookkeeper effective July 8, 1991, be received, placed on file and approved.
Motion carried.
June 24, 1991
Page 7
MISCELLANEOUS
97665 - Moved by Angel, seconded by Wright
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 application for junk dealer's license,
application for automobile salvage yard and cigarette permit applications be
received, placed on file and approved:
1. Beer & liquor License Permit Application
Class C
Half Pint Saloon, 1831 Independence Avenue (Renewal) (Expires 6/30/92)
V.F.W. Club of America Post 1623, 612 Jefferson Avenue (Renewal) (Expires
7/04/92) (Includes Sunday Sales)
Mandarin Cafe, 510 Mulberry Street (Renewal) (Expires 6/30/92) (Includes
Sunday Sales)
Maple Lanes, Inc., 2608 University Avenue (Renewal) (Expires 7/10/92)
(Includes Sunday Sales)
Elks Club #290, 407 E. Park Avenue (Renewal) (Expires 6/30/92) (Includes
Sunday Sales)
Pocket Lounge, 3295 University Avenue (Renewal) (Expires 6/27/92)
(Includes Sunday Sales)
2. Beer License Permit Application
Class C
Pony Express, 1459 Ansborough Avenue (Renewal) (Expires 7/11/92) (Includes
Sunday Sales)
3rd Street Grocery, 923 West 3rd Street (Renewal) (Expires 7/15/92)
(Includes Sunday Sales)
Reliable Drug, 2068 Logan Avenue (Renewal) (Expires 7/05/92) (Includes
Sunday Sales)
3. Beer/Wine License Permit Application
Class E
Osco Drug Store, 2060 Crossroads Blvd. (Renewal) (Expires 7/24/92)
(Includes Sunday Sales)
Osco Drug Store, 3727 W. University Avenue (Renewal) (Expires 7/24/92)
(Includes Sunday Sales)
4. Liquor License Permit Application
Class E
HyVee Food Store #3, 2325 Crossroads Blvd. (Renewal) (Expires 7/09/92)
(Includes Sunday Sales)
HyVee Food Store #2, 2052 Logan Avenue (Renewal) (Expires 7/10/92)
(Includes Sunday Sales)
5. Liquor License Permit Application
Class A
Fraternal Order of Eagles #764, 202 E. 1st Street (Renewal) (Expires
6/30/92) (Includes Sunday Sales)
6. Beer License Permit Application
Class B
Chamber of Commerce (1 day event --July 4, 1991), together with request to
transfer said license to 136 River Road and 18 Lafayette
Application for Junk Dealer's License
Stuber Enterprises, Inc., 501 Evergreen (Yard --275 Rampart Ln.)
Application for Automobile Salvage Yard
Stuber Enterprises, Inc., 501 Evergreen (Yard --275 Rampart Ln.)
Cigarette Permit Application
Forty (40) Renewal Applications
Motion carried.
June 24, 1991 Page 8
BONDS
97666 - Moved by Angel, seconded by Budak
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through June 24, 1991, be received, placed on file and report and
bonds approved. Motion carried.
ORAL PRESENTATIONS
97667 - Vonnie Jackson, 1838 Howard Avenue, asked who was responsible for mowing the
218 Corridor. Mayor McKinley stated that the Iowa Department of Transportation
is responsible and that city staff have been working to get them to mow the
area. Don Temeyer, Planning and Development Director, stated that they will
continue to work with the DOT but attempts have not yet been successful to
accomplish the mowing. Ms. Jackson also commented about the pile of dirt
making visibility difficult at the corner of West Sixth and Washington Streets.
Again, she was advised that this was work being done by the Iowa Department of
Transportation and not in the purview of the city. She also stated that there
is a considerable weed problem at the intersection of Flammang Drive and the
San Marnan Drive access road. The Mayor explained that Operation Pride crews
are responsible for cutting of weeds, but on private property notice must be
given to the property owner prior to the city mowing the area. Ms. Jackson
also explained a situation of an elderly gentleman from Cedar Falls who drove
to Waterloo and was stopped by a policeman. The policeman thought he was drunk
and disoriented, but the gentleman explained that due to all of the road
construction, he was confused and turned around and went back home to Cedar
Falls.
Kent Crowell, 1490 Newell Street, brought to the floor for discussion the truck
embargo on Newell Street. He stated that in addition to Newell Street,
neighbors in the area had requested an embargo on their streets as well. He
also disputed the traffic counts provided by the City Engineer's office stating
that approximately 105 trucks per day travel the road. He stated that on June
24, 1991 between the hours of 4:00 p.m. and 6:00 p.m., he counted over 35
trucks on the road, which would indicate a much higher truck traffic level than
reported by the Engineering Department.
Ruth Anderson, 1503 Newell Street, asked that additional police patrol be
afforded to Newell Street between Idaho Street and East Fourth Street due to
excessive truck traffic since the opening of the newly reconstructed street.
Mayor McKinley stated that traffic on Newell Street will continue at heavy
levels due to the widening of Elk Run Road and the closing of Dubuque Road.
Newell Street accommodates the Tannery and IBP and the city is required to
provide access to these industries. As the community continues to prosper and
attract jobs, the city must improve its transportation network to meet these
needs. He stated that it would be his current recommendation that an embargo
not be placed on Newell Street, but upon completion of various roads in the
area, traffic counts can be taken and an assessment made at that time.
Councilperson Wright suggested the possibility of also embargoing Donald
Street.
Mel Smelser, 2235 Temple Avenue, asked that the Council consider allowing him
to serve on the interview panel for the position of City Manager if the public
referendum is adopted on August 6, 1991. The Mayor stated that the hiring most
likely would be conducted by the Civil Service Commission.
Councilperson Dell stated that the recent U.S. Supreme Court ruling stating
that municipalities may regulate pesticides in their community calls for the
reconvening of the pesticide committee. He will notify members soon of its
next meeting date.
Pat Hopper, 1531 Newell Street, asked for further explanation on city staff's
recommendation that Newell Street not be embargoed. The Mayor stated that from
a traffic point of view, Newell Street should not be embargoed. He also
explained that Interstate Substitution funding is not available for Donald
June 24, 1991
Page 9
Oral Presentations - continued
Street. The city is also working on funding for the Fifth Street Extension,
which would greatly relieve traffic on Newell Street. She asked that
consideration be given to children in the area and asked that the Council
consider an embargo on Newell Street.
Moved by Buck, seconded by Brown
that the above oral presentations be received and placed on file and the City
Council adjourn at 8:10 p.m. Motion carried.
Michelle Temeyer
Deputy Clerk/Auditor