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HomeMy WebLinkAbout05/26/92May 26, 1992 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 May 26, 1992. Mayor Albert C. Manning, Jr., in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Lemke. Invocation by: Councilperson Dave Buck Pledge of Allegiance: Troop 548 99382 - Moved by Buck, seconded by Wright that the Agenda, as proposed, for the Regular Session on Tuesday, May 26, 1992, at 7:00 p.m., and the Minutes of the Regular Session on Monday, May 18, 1992, at 7:00 p.m., be accepted and approved. Motion carried. Mayor Manning read a proclamation declaring Wednesday, May 27, 1992 as a National Day of Commitment to the Elimination of Racism. HEARINGS 99383 - Moved by Budak, seconded by Angel that proof of publication of notice of public hearing on proposed amendments to the F.Y. 1992 Budget, as published in the Waterloo Courier on May 19, 1992, be received and placed on file. Motion carried. 99384 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none from the public. Bruce Meisinger, Budget Analyst, stated that the proposed amendments are adjustments to the current year budget to allow for increased and unanticipated funding which has resulted in increases in budget program expenditures for the fiscal year. All amended expenditures must be offset with increased revenues or reduced fund balances. The amendments cannot and will not affect the property tax levy. Mr. Meisinger outlined the major amendments largely due to the transfer of pension funds from the City of Waterloo to the State of Iowa effective January 1, 1992 ($40 million). Additional amended items include the federal reimbursements for local Interstate Substitution Projects, lease -purchase items and transfers from and to enterprise accounts. Moved by Buck, seconded by Wright that the hearing be closed and oral comments be received and placed on file. Motion carried. 99385 - Moved by Dell, seconded by Budak that "Resolution approving proposed amendments to the F.Y. 1992 Budget for the City of Waterloo", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-277. 99386 - Moved by Angel, seconded by Wright that proof of publication of notice of public hearing on F.Y. 1992 Sidewalk Inspection and Repair Program- Zone 4, as published in the Waterloo Courier on May 8, 1992, be received and placed on file. Motion carried. 99387 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Eric Thorson, City Engineer, stated that two written objects have been received from Charles J. Pickett, 301 West 4th Street, Veterans of Foreign Wars, 612 Jefferson Street, and Merton McDougall, property owners on the south side of Jefferson Street between West 4th and West 5th Streets. They objected to the proposed work which includes correcting the vertical separation between back of curb and sidewalks. Their objection was that the ordinance does not apply to such a defect, and that a remedy was to reduce the height of the curb. The second written objection was received from property owners at 222-224 West Park Avenue. The basis of their objection was similar to the petition stated above. The petitioners noted that there are no pedestrian crosswalks in this section of Park Avenue,l�and therefore should not be of concern to pedestrian traffic. They also ruil ing within repairs be postponed since the owners intend to demolish the May 26, 1992 Page 2 Hearings - continued Charles J. Pickett, 301 West 4th Street, presented photos of the effected area noting that the street was constructed in late 1979. He argued that the sidewalk ordinance does not apply to the curb separation or vertical rise. He stated that it seems foolish to remove over 40 tons of concrete to address such a small problem when the remaining portion of the sidewalk is in excellent repair. In response to a question from Councilperson Fox, Assistant City Attorney Sang -Ki Han stated that case law would indicate that the City would be liable for any damages as a result of defective sidewalks. Merlin Biertz, 123 Prospect Circle, stated that the defects along the Veterans of Foreign War property would only be a problem if five or six person were walking abreast, and that other sidewalks in town had more potential hazards than this particular location. Mayor Manning questioned the applicability of this ordinance to past situations. Eric Thorson, City Engineer, commented that this is the first time since the inception of the inspection program that this type of situation has arisen. Mr. Thorson noted that in similar situations within right-of-way, the City has replaced the appropriate sidewalk section. It was suggested that the curb could be ground off level with the sidewalk. Mr. Thorson stated that this would not be an acceptable alternative, and that the City has investigated other means of addressing the problem but have not found a suitable alternative. He also stated that we cannot guarantee settling will not continue even after repair of the sidewalk. A representative of the Veterans of Foreign War noted that there are no broken sidewalk sections in the proposed repair area and felt that it was unfair for them to expend funds for separation. Mr. Pickett noted that it appears that the curb is the problem and not the sidewalk. Pat Keebler, representing Operation Threshold at 300 West 3rd Street, stated that their proposed repair concerns the sidewalk abutting the building. City staff will review the proposed repair. Mr. Thorson also noted that City staff will arrange to meet with property owners along Commercial Street between West 4th and West 5th Streets. The VFW representative noted that they had been sent an assessment for property that did not belong to them. City staff will also review and verify. Stephen Powell, attorney for Swisher and Cohrt and representing 222-224 Park Avenue, reiterated the contents of his letter noting that the City Ordinance did not cover the proposed defect and separation of the sidewalk from the curb. He stated that the City's policy to require repairs is an attempt to standardize its program and is not defendable in court. Roger Klingfus, representing Metro Transmission. 326 West 10th Street, noted that the sidewalk section required to be replaced is wider and thicker than the existing sidewalk. He also asked that if the sidewalk is replaced that he be allowed to put poles in the sidewalk section to detour vehicular traffic on the sidewalk. It was noted that this sidewalk may be a possible candidate for vacation through the Planning, Programming and Zoning Commission. City staff will review the situation. Raymond Maiz stated that the proposed assessment near West 18th and Commercial Streets does not serve pedestrian traffic and may be a candidate for vacation. This section will be reviewed by City staff. Councilperson Fox noted that as chairperson of the Public Works Committee, it may be helpful for the committee to review the vertical separation situation to determine whether repairs of this nature are warranted. Mr. Dell concurred. Mr. Thorson noted that of the 19 downtown property owners, only 4 objections have been heard to the proposed repairs, and that any change in interpretation of the ordinance would be precedent setting. He noted that the ordinance does specifically state that "vertical separation" is a defect and must be repaired. Mr. Thorson also noted that the City cannot be continuously liable for sidewalk repair as the maintenance bond is only good for two years. This issue will be reviewed by the Public Works Committee on Monday, June 1, 1992. May 26, 1992 Hearings - continued Moved by Budak, seconded by Wright Page 3 that the hearing be closed, the letters of objection from property owners at 222- 224 West Park Avenue, 301 West 4th Street, 612 Jefferson Street, and owners of property lying on the southwesterly side of Jefferson Street between West 4th and West 5th Streets and the above oral and written comments be received and placed on file. Motion carried. 99388 - Moved by Buck, seconded by Dell that "Resolution authorizing to proceed with Sidewalk Inspection and Repair Program - Zone 4", be adopted, subject to review of all property referred to above. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-278. UNFINISHED BUSINESS 99389 - John Meyer, Public Works Director, noted that minority participation goals were established for this project, but none of the bidders reported minority participation in their bids. All contractors must comply with an affirmative action plan. Fagen, Inc. will do some subcontracting of trucking services on said contract. It was noted that Iowa Beef Processors will be contributing approximately $550,000 to said project. Moved by Buck, seconded by Dell that communication from Assistant City Engineer transmitting recommendation of award of contract to Fagen, Inc. of Granite Falls, Minnesota in the amount of $3,193,790.00 in conjunction with F.Y. 1992 Industrial Wastewater Pretreatment Facilities, Contract No. 435, be received, placed on file and "Resolution approving said award of contract to Fagen, Inc.", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-279. PETITIONS FROM PUBLIC 99390 - Moved by Dell, seconded by Budak that communication from City Engineer transmitting request of Standard Battery & Electric Company, 325 West 11th Street, to hard surface an area of right-of-way located between the sidewalk and the back of curb on West Eleventh Street, together with recommendation of approval, be received, placed on file and approved subject to the following provisions: 1) The construction shall be done according to the cross section plan filed with the City Engineer, 2) The construction shall be done by a contractor bonded with the City, and 3) The construction shall be inspected by the City Engineer's authorized representative. Ayes: Seven. Motion carried. DOCUMENTS 99391 - Moved by Dell, seconded by Budak that communication from City Engineer transmitting Completion Report and Recommendation of Acceptance of Work performed by Cedar Valley Corporation in conjunction with F.Y. 1992 WCF&N Drive Frontage Road, Contract No. 417, 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. 1992-280. 99292 - Moved by Dell, seconded by Budak that communication from City Engineer transmitting Maintenance Bond from Cedar Valley Corporation in conjunction with F.Y. 1992 WCF&N Drive Frontage Road, Contract No. 417, be received, placed on file and approved. Motion carried. May 26, 1992 Documents - continued 99393 - Moved by Dell, seconded by Budak Page 4 that communication from City Engineer transmitting Completion Report and Recommendation of Acceptance of Work performed by Youngblut Contracting, Inc. in conjunction with F.Y. 1992 Street Reconstruction Program - No. 1, Contract No. 429, 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. 1992-281. 99394 - Moved by Dell, seconded by Budak that communication from City Engineer transmitting Maintenance Bond from Youngblut Contracting, Inc. in conjunction with F.Y. 1992 Street Reconstruction Program - No. 1, Contract No. 429, be received, placed on file and approved. Motion carried. 99395 - Moved by Dell, seconded by Budak that communication from Executive Director of Waterloo Housing Authority transmitting Completion Report and Recommendation of Acceptance of Work performed by Black Hawk Sprinkler, Inc. in conjunction with Ridgeway Towers Fire Sprinkler Contract, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-282. 99396 - Moved by Fox, seconded by Buck that communication from Assistant City Planner transmitting an agreement and addendum to agreement with Alice Patten to dismiss condemnation appeal in conjunction with the Sixth Street Extension project, 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. 1992-283. 99397 - Moved by Fox, seconded by Buck that communication from Transportation Program Manager transmitting surveying contract with Wayne Claassen Engineering & Surveying, Inc. in conjunction with the signals along Commercial and Jefferson Streets between Sixth Street and First Street, together with recommendation of approval, be received, placed on file and "Resolution approving said contract", be adopted and City Planner authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-284. 99398 - Councilperson Angel noted that she did not disagree with the John Meyer's performance but rather with several provisions of the proposed contract. Mayor Manning noted that this employment agreement was one of two proposed and reviewed by himself and City staff. Councilperson Budak stated that he disagreed with the salary. Forest Dillavou, 1725 Huntington Road, asked for specifics on the proposed agreement. Jim Rodemeyer, Personnel Director, noted that the employment agreement for the Public Works Director was for a two-year period from July 1, 1992 through July 1, 1994. The first year of the agreement allows for an automobile allowance of $200 per month and increases to $225 per month beginning July 1, 1993. Mr. Meyer would receive a two-step increase on July 1, 1992 and a second step increase on July 1, 1993. It was noted that Mr. Meyer has not received a pay increase since July 1, 1990. In response to a question from Mary Lichty, 535 West Wellington, it was noted that Mr. Meyer's salary would be $56,652 on July 1, 1992 and increased to $58,352 on May 1, 1993. May 26, 1992 Page 5 Documents - continued Mr. Rodemeyer noted that the step range system for non -bargaining employees provides for a step increase upon a satisfactory evaluation. He noted that four individuals have reached the top of their range and have not received an increase during the last fiscal year. Councilperson Fox noted that essentially Mr. Meyer would receive a step increase that he did not receive because he had reached the top of his pay range. Kathy Oberle, 710 Forest Avenue, suggested that salaries of department heads be examined as the City begins its reorganization efforts. She noted that administrative salaries continue to increase. Councilperson Dell stated that salaries of City employees had been brought to the forefront during recent budget hearings, and that he must continually ask himself whether City employees' salaries are justified. Councilperson Budak stated that he would vote for the proposed agreement if a lesser salary were involved and would be in favor of tabling action on said agreement. Moved by Buck, seconded by Fox that communication from Personnel Director transmitting renewal of employment agreement with Public Works Director, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Five. Nays: Angel, Budak. Resolution adopted and upon approval by Mayor assigned No. 1992-285. RESOLUTIONS TO BE ADOPTED 99399 - Moved by Dell, seconded by Wright that "Resolution setting date of hearing as June 8, 1992 at 7:00 p.m. in the City Hall Council Chambers on sale and conveyance of excess right-of-way generally located off Wellington Street, West 5th Street and Wellington Court to Alice Patten in conjunction with Sixth Street Extension project", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1992-286. 99400 - Mayor Manning noted that the process to fill the unexpired term of Councilperson Bob Brown had been achieved through a systematic process, and that the appointment of Bill Lemke was a good decision. He noted that the expenditure of approximately $12,000 to $15,000 for a special election is not a wise use of City tax dollars. Councilperson Fox stated that he agreed with the Mayor on this matter, noting that he had previously criticized the process. This criticism was based on frustration and that he had probably made some unnecessary comments. He supported the City Council's decision and suggested that the Council now move on with its business. He noted that if the public calls for an election, he would agree. Councilperson Dell noted that he also agreed with Councilperson Fox and that if the citizens petition for an election, an election should be held. Kathy Oberle, 710 Forest Avenue, noted that name gathering for a petition had begun, and that the petition would contain the names of persons geographically spread throughout the community. She stated that the people of the community want the City Council to know how they feel, and that they should be given the precious right to vote on this issue. Moved by Dell, seconded by Wright that the motion at the City Council meeting of May 18, 1992 to adopt a resolution calling for special election to fill unexpired term of Councilperson Bob Brown, be received, placed on file and "Resolution calling for an election to fill the unexpired term of Councilperson Bob Brown", be adopted. Ayes: None. Nays: Six. Abstain: Lemke. Motion not carries. May 26, 1992 ORDINANCES TO BE ADOPTED 99401 - Moved by Buck, seconded by Dell Page 6 that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 36 to Section 2A -7N Conditional Zoning Certain Property -- request of Patricia Mowatt to rezone property generally located at 74 West Airline Highway", be received, placed on file, considered and passed for the third time. Ayes: Seven. Motion carried. 99402 - Moved by Angel, seconded by Buck that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 36 to Section 2A -7N Conditional Zoning Certain Property -- request of Patricia Mowatt to rezone property generally located at 74 West Airline Highway", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3858. 99403 - Moved by Budak, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 37 to Section 2A -7N Conditional Zoning Certain Property -- request of Pat McGeogh to rezone property generally located at the northwest corner of Black Hawk Road and Ansborough Avenue", be received, placed on file, considered and passed for the third time. Ayes: Seven. Motion carried. 99404- Moved by Buck, seconded by Fox that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 37 to Section 2A -7N Conditional Zoning Certain Property -- request of Pat McGeogh to rezone property generally located at the northwest corner of Black Hawk Road and Ansborough Avenue", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3859. 99405 - Moved by Dell, seconded by Wright that "an Ordinance vacating a portion of Bluff Street generally located between West Eighth and West Ninth Streets", be received, placed on file, considered and passed for the third time. Ayes: Seven. Motion carried. 99406 - Moved by Angel, seconded by Wright that "an Ordinance vacating a portion of Bluff Street generally located between West Eighth and West Ninth Streets", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3860. 99407 - Moved by Fox, seconded by Wright that "an Ordinance amending the 1991 Traffic Code by repealing Section 91, Riding Bicycle in Sidewalk in Business District; and enacting in lieu thereof a new Section 91, Riding Bicycle on Sidewalk in Business District", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 99408 - Moved by Budak, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 99409 - Moved by Buck, seconded by Fox that the following ordinance be recorded as having been considered and passed for the third time and now placed on its final adoption. Ayes: Seven. Motion carried. May 26, 1992 Ordinances to be Adopted - continued 99410 - Moved by Fox, seconded by Dell Page 7 that "an Ordinance amending the 1991 Traffic Code by repealing Section 91, Riding Bicycle in Sidewalk in Business District; and enacting in lieu thereof a new Section 91, Riding Bicycle on Sidewalk in Business District", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3861. 99411 - Moved by Wright, seconded by Dell that "an Ordinance amending the 1991 Traffic Code by deleting Section 564 (10), Two Hour Parking; and enacting in lieu thereof a new Section 566A, Three Hour Parking - Between 8:00 a.m. and 5:00 p.m. (establishing 3 -hour limit for the parking lot in front of the Waterloo Recreation & Arts Center)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 99412 - Moved by Dell, seconded by Angel that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 99413 - Moved by Buck, seconded by Wright 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. 99414 - Moved by Angel, seconded by Wright that "an Ordinance amending the 1991 Traffic Code by deleting Section 564 (10), Two Hour Parking; and enacting in lieu thereof a new Section 566A, Three Hour Parking - Between 8:00 a.m. and 5:00 p.m. (establishing 3 -hour limit for the parking lot in front of the Waterloo Recreation & Arts Center)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3862. 99415 - Assistant City Attorney Sang -Ki Han noted that violation of the City Ordinance on concealed weapons was less stringent than state law. This ordinance will provide the same penalty as state law. Moved by Budak, seconded by Wright that "an Ordinance repealing Section 27-7, Carrying Concealed Weapon; Pointing Weapon at Another, of Chapter 27, Offenses --Miscellaneous, of the 1988 Code of Ordinances of the City of Waterloo, Iowa (repealing city law that makes carrying a concealed weapon a simple misdemeanor)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 99416 - Moved by Buck, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 99417 - Moved by Wright, seconded by Budak' 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. 99418 - Moved by Buck, seconded by Wright that "an Ordinance repealing Section 27-7, Carrying Concealed Weapon; Pointing Weapon at Another, of Chapter 27, Offenses --Miscellaneous, of the 1988 Code of Ordinances of the City of Waterloo, Iowa (repealing city law that makes carrying a concealed weapon a simple misdemeanor)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3863. May 26, 1992 Ordinances to be Adopted - continued 99419 - Moved by Budak, seconded by Buck Page 8 that "an Ordinance amending the 1991 Traffic Code by adding a new Subsection 571A, No Parking 11:00 p.m. to 5:00 a.m. (on the south side of the 100 block of Adams Street, on the west side of the 200 block of Ankeny Street, on the west side of the 1300 and 1400 blocks of East Fourth Street and the south side of Webster Street)", be received, placed on file, considered and passed for the first time. Prior to a vote, the following discussion was heard. Councilperson Wright noted that restricting parking on the south side of the 100 block of Adams Street would seriously effect adjacent property owners who do not have adequate off-street parking. Assistant Police Chief Larry Dolan noted that this request had originated from police officers patrolling the area and noting late night activity and double parking in the area. Five property owners had been polled by Police Department personnel and only one objected to the recommendation. It was not the Police Department's intention to deprive people of parking in the street, but was recommended as a means of controlling illegal activity in the area. Walter Harrington, 111 Adams Street, opposed the adoption of the ordinance since he does not have adequate off-street parking for his family members. Councilperson Dell noted that removing parking in this residential area may move activity to another part of the community. With the approval of the mover and seconder, the above motion was withdrawn by anonymous voice vote of the Council and action tabled. BILLS PAYMENT 99420 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-72, dated May 26, 1992, in the amount of $771,824.61, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Abstain: Buck. Resolution adopted and upon approval by Mayor assigned No. 1992-287. Travel Requests 99421 - Moved by Budak, seconded by Wright that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Roger Boyd and Larry McKinney, Fire Engineers, to attend Emergency Response to Hazardous Materials Incidents in Davenport, Iowa on June 1-5, 1992, with costs not to exceed $525.00, including the use of city vehicle. 2. Pat Vollbrecht, Fire Lieutenant, and Sue Harned, Civilian Dispatcher, to attend Mid-America Critical Incident Stress Debriefing Seminar in Omaha, Nebraska on June 5-7, 1992, with costs not to exceed $100.00 each. Motion carried. MISCELLANEOUS 99422 - Moved by Budak, seconded by Wright that the following beer and liquor license permit application be received, placed on file and approved and endorsed application forwarded to the Iowa Beer and Liquor Control Department: 1. Beer License Permit Application Class C Steamboat Garden, 1740 Falls Avenue (Renewal) (Expires 6/14/93) Motion carried. May 26, 1992 BONDS 99423 - Moved by Wright, seconded by Angel Page 9 that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through May 26, 1992, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 99424 - L.C. Hennessey, 558 Montrose Drive, noted the comments in the community concerning the conversion of Sulentic Park for persons handicapped. The Waterloo Civitans have donated money to the proposed project, but that deed restrictions may prohibit this conversion. Mayor Manning noted that the City is in preliminary stages of constructing a barrier -free park for the Sulentic Park area. He noted that eventually all City parks will be required to be barrier free as per the Americans With Disabilities Act (ADA). Brasley Bullock, 3849 Sager Avenue, reported that road construction has been completed in the area and questioned why no clean up has taken place. City staff will advise Mr. Bullock and address the problem. Kathy Oberle, 710 Forest Avenue, questioned whether Mayor Manning intends to resign his post as Mayor in the next 18 months as is rumored in the community. Mayor Manning stated that he does not intend to resign, and that all rumors should be laid to rest. Moved by Buck, seconded by Dell that the above oral comments_be received, placed on file and the Council adjourn at 9:01 p.m. Motion carried. Larry P. Burger City Clerk/Auditor