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HomeMy WebLinkAbout11/15/93November 15, 1993 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 Monday, November 15, 1993. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Fox, Angel, Wright, Budak, Lemke. Absent: Dell, Buck. Invocation: A Moment of Silence Pledge of Allegiance: Michelle Temeyer, Acting Clerk/Auditor 102141 - Moved by Angel, seconded by Wright that the Agenda, as amended, for the Regular Session on Monday, November 15, 1993, at 7:00 p.m., and the Minutes of the Regular Session on Monday, November 8, 1993, at 7:00 p.m., be accepted and approved. Ayes: Five. Absent: Dell, Buck. Motion carried. Terri Key, 1994 My Waterloo Days Committee Chair, thanked the City of Waterloo and its departments for their assistance during My Waterloo Days events. As an expression of appreciation, a check in the amount of $5,000 was presented to the City of Waterloo for their efforts. Ms. Key emphasized that this was not a precedent setting matter, but depending upon the profitability of each festival, future contributions could not be guaranteed. Mayor Manning accepted the gift on behalf of the City and thanked the many volunteers who participate in this great community festival. Mayor Manning read a proclamation declaring the week of November 14-20, 1993 as American Education Week. Mayor Manning read a proclamation declaring the week of November 15-19, 1993 as Community Foundation Week. HEARINGS 102142 - Moved by Wright, seconded by Angel that proof of publication of notice of public hearing on granting access easements to Dupont -Nichols, National Bank of Waterloo and 3 Sum Inc. for a parking lot to be generally located in the block bounded by East Fourth, Mulberry, East Fifth and Lafayette Streets, as published in the Waterloo Courier on November 8, 1993, be received and placed on file. Ayes: Five. Absent: Dell, Buck. Motion carried. 102143 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Don Temeyer, Planning and Development Director, stated that this action would allow the use of city -owned property by adjacent property owners to gain access to the parking lot which is currently being constructed in said block. Moved by Fox, seconded by Angel that the hearing be closed and oral comments be received and placed on file. Ayes: Five. Absent: Dell, Buck. Motion carried. 102144 - Moved by Angel, seconded by Wright that "Resolution granting an access easement to Dupont -Nichols, National Bank of Waterloo and 3 Sum Inc. for a common parking lot to be located behind the buildings in the block bounded by East Fourth Street, Mulberry Street, East Fifth Street and Lafayette Street", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-672. 102145 - Moved by Budak, seconded by Wright that proof of publication of notice of public hearing on request of Waterloo Lumber Company to sell and convey a portion of vacated Arbor Street for $1,947.00, as published in the Waterloo Courier on November 3, 1993, be received and placed on file. Ayes: Five. Absent: Dell, Buck. Motion carried. 102146 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for oral and written objections and there were none. Bob Stevenson, City Planner, stated that the sale price was based on the assessed value of surrounding properties or 29 cents per square foot. Moved by Angel, seconded by Wright that the hearing be closed and oral comments be received 'and placed on file. Ayes: Five. Absent: Dell, Buck. Motion carried. 102147 - Moved by Wright, seconded by Angel that "Resolution authorizing sale and conveyance of a portion of vacated Arbor Street to Waterloo Lumber Company for $1,947.06", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-673. November 15, 1993 Page 2 PETITIONS FROM PUBLIC 102148 - Moved by Angel, seconded by Fox that communication from City Planner transmitting site plan amendment request of Max Guernsey for property known as Fletcher Square, generally located on the southeast corner of U.S. Highway 63 and Fletcher Avenue, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as November 22, 1993 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-674. 102149 - Moved by Angel, seconded by Fox that communication from Assistant City Engineer transmitting request of Youngblut Contracting, Inc. to close a portion of the alley generally lying between West Mullan Avenue and West First Street for the period of December 1, 1993 to November 1, 1994 in conjunction with construction of the Young Ice Arena, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-675. 102150 - Moved by Angel, seconded by Fox that communication from City Engineer transmitting request of Felix E. Bradford for a concrete driveway to be located at 2118 Plain View Street, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-676. DOCUMENTS 102151 - Moved by Budak, seconded by Wright that communication from Park Board transmitting contracts with Golf Pros at Byrnes, South Hills and Gates Parks, be received, placed on file and "Resolution approving said contracts", be adopted and Mayor and Acting Clerk/Auditor authorized to execute same. Prior to a vote on the above motion, the following comments were heard. City Attorney Jim Walsh stated that the proposed golf pro agreements are for a three-year term but can be terminated by either party by giving notice prior to September 1. The contract also provides that the golf pros pay the City 8 percent of gross sales of food and beverage, including beer sold at the Pro Shops and riding cart rentals. The contract also provides for a methodology for resolution of disputes between the City and pro contract and also lists the City as an additional insured. Tom Penaluna, chairperson of the committee that formulated the contract and a member of the Park Commission, stated that pursuant to previous City Council action, said agreements were being brought to the Council for their approval. Mr. Penaluna stated that with the 8 percent commission, the increase of 25 cents to 50 cents per round for establishment of a capital funds project, and an increase in golf fees, he assured the Council that the $60,000 budgeted in the golf budget will be available and probably even more. Councilperson Lemke proposed an alternative to the proposed contract. He suggested that the current contracts be renewed with each of the pros with the only change being the 8 percent commission on gross revenues, commencing with the first payment on February 10, 1994 and an increase in the limits of liability insurance. Dave Nagle, attorney representing Mark Lemon and Monte Meer, stated that the proposed contract included the $1 million liability insurance requested by the City and also noted that the proposed schedule of payments to the City was agreeable to the Park Commission; therefore, there was no need to consider an alternate proposal. Councilperson Budak expressed his approval of the proposed contracts and suggested that perhaps another work session could be held to discuss the proposed alternatives presented by Councilperson Lemke. Mr. Penaluna noted that the proposed contract was a much better contract for all noting that the contract does allow for either party to terminate the agreement after one year. Councilperson Angel stated that a three-year contract that can be canceled at the end of each of the years is not the same as a one-year renewable contract. November 15, 1993 Page 3 Documents - continued In response to a question from Mayor Manning, Mr. Penaluna stated that the base document for negotiations was to use the existing contract with both sides agreeing to changes. Mayor Manning stated that he had a concern with the three- year clause and several of the language changes, noting that the overall contract weakened the City's position with the pros. Mr. Nagle questioned the Mayor as to what particular items weakened the City's position. The Mayor noted that the proposed contract strips the Director of Parks of any authority of the pro shops operations and puts it solely in the hands of the Commission. Mr. Nagle responded that the decision to remove the Park Director relieves him from being between the pros and the Commission. The only significant contract change was the dispute resolution clause. Attorney Walsh noted that the existing Park Board ordinance is much different than the powers and authority given other boards and commissions. The Commission is authorized to sign contracts by virtue of the ordinance and that the Director's authority has been lessened with the proposed contract. Mr. Penaluna noted that the entire contract was evaluated as a group, and that there was no intention to strengthen or weaken the power of any individual or group. Mayor Manning stated that there are other points of weaknesses, including allowing the pros and employees to play for free throughout the season and the requirement of waiving two days of green fees per year. Mr. Nagle noted that this provision is contained in the current contract. Mayor Manning questioned how the spot check of the financial records of the pros would work. Mr. Penaluna responded that this would be based on "need". Councilperson Fox questioned attorney Walsh as to whether the proposed contract needed the majority of the Council or a majority of those present. City Attorney Walsh stated that the contract needed a simple majority of those voting on the matter. Councilperson Angel again expressed her desire for a one-year contract, and that the agreements violate affirmative action and equal opportunity rules. Councilperson Budak stated that the committee members had worked long and hard to arrive at the agreement. He also noted that the contracts are not exclusionary. Councilperson Lemke agreed with Councilperson Angel's remarks noting that the contracts need to be open to the public for bidding. Moved by Budak, seconded by Wright to call for the question on the above motion and to cease discussion. Ayes: Three. Nays: Angel, Lemke. Absent: Dell, Buck. Motion carried. 102152 - Moved by Budak, seconded by Wright that communication from Park Board transmitting contracts with Golf Pros at Byrnes, South Hills and Gates Parks, be received, placed on file and "Resolution approving said contracts", be adopted and Mayor and Acting Clerk/Auditor authorized to execute same. Ayes: Three. Nays: Angel, Lemke. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-677. Mr. Penaluna noted that the Commission unanimously approved the contracts and will now formally sign the contracts as will the Mayor. Mayor Manning stated that he had a philosophical difference in this matter, and that we owe the taxpayers the opportunity to bid said contracts. He also noted that the three-year contract will probably go unnoticed, and the opportunity to terminate the agreement as allowed for in the contract in October will probably not happen. Councilperson Fox thanked the committee and commission for working long and hard on the agreements and providing the necessary revenues for the City budget. 102153 Moved by Fox, seconded by Wright that communication from City Engineer transmitting Annual Right -of -Way Assurance Statement with the Iowa Department of Transportation in conjunction with federal - aid projects, together with recommendation of approval, be received, placed on file and "Resolution approving said document", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-678. November 15, 1993 Page 4 Documents - continued 102154 - Moved by Fox, seconded by Wright that communication from Assistant City Engineer transmitting an Application to Use Highway Right of Way for Utilities Accommodation to allow John Weber (for Faye Anderson) to clean a drainage way to a box culvert and to repair two plugged tile lines on IA Highway 21, one mile north of the city limits, 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, Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-679. 102155 - Moved by Fox, seconded by Wright that communication from Associate Engineer transmitting Completion of Project and Recommendation of Acceptance of work performed by Bowers Masonry, Inc., in conjunction with F.Y. 1994 Sidewalk Repair Assessment Program - Zone 5, Contract No. 457, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-680. 102156 - Moved by Fox, seconded by Wright that communication from Associate Engineer transmitting Maintenance Bond from Bowers Masonry, Inc. in conjunction with F.Y. 1994 Sidewalk Repair Assessment Program - Zone 5, Contract No. 457, be received, placed on file and approved. Ayes: Five. Absent: Dell, Buck. Motion carried. 102157 - Councilperson Angel expressed her desire that Youngblut Contracting, Inc., the prime contractor on said job, speak with the subcontractors and insurance companies to assure an equitable settlement for Faye Hoffman, 613 Adrian Street. Moved by Fox, seconded by Wright that communication from Assistant City Engineer transmitting Completion of Project and Recommendation of Acceptance of work completed by Youngblut Contracting, Inc. in conjunction with F.Y. 1993 Adrian Street Paving Program, Contract No. 442, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-681. 102158 - Moved by Fox, seconded by Wright that communication from Assistant City Engineer transmitting Maintenance Bond from Youngblut Contracting, Inc. in conjunction with F.Y. 1993 Adrian Street Paving Program, Contract No. 442, be received, placed on file and approved. Ayes: Five. Absent: Dell, Buck. Motion carried. RESOLUTIONS TO BE ADOPTED 102159 - Bob Stevenson, City Planner, stated that several of the businesses along this private street having been used a Water Street address even though it has not been officially designated. This action comes at the request of those businesses and will not result in any additional costs to the City. Moved by Fox, seconded by Wright that "Resolution designating a private street generally located between the Chicago Central & Pacific railroad tracks to the north and the Cedar River as Water Street", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-682. ORDINANCES TO BE ADOPTED 102160 - Moved by Budak, seconded by Wright that "an Ordinance amending Zoning Ordinance No. 2479, as amended, as it pertains to sign codes in the "C-3" Central Business District", be received, placed on file considered and passed for the second time. Ayes: Five. Absent: Dell, Buck. Motion carried. 102161 - Donna Lesyshen, 500 Sheridan Road, asked that the Council consider deeding the property to the Church at no cost. She noted that a filing fee of $150 had been paid to the City to review this request as well as removing a dead tree within the City right of way at a cost to the Church of $380. She also noted that the Church has maintained the property for many, many years. These actions would seem to suggest that the Church has paid more than enough consideration for said property. November 15, 1993 Page 5 Ordinances to be Adopted - continued Jim Walker, 540 Kingbard and an Elder of the Church, stated that regardless of the Council's action, the Church will continue to be a good neighbor. He noted that the Church did not originally request the additional property from the City but was only made aware of it after attempting to meet handicap parking regulations. He urged the Council to convey the property at no cost. Moved by Fox, seconded by Budak that "an Ordinance vacating 7.5 feet of East Park Avenue between Franklin Street and Walnut Street (request of First Presbyterian Church to vacate, sell and convey 7.5 feet of East Park Avenue between Franklin Street and Walnut Street)", be received, placed on file, considered and passed for the second time. Ayes: Five. Absent: Dell, Buck. Motion carried. 102162 - Moved by Angel, seconded by Wright that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by adding Chapter 9 3/4, Convenience Store Security, Providing for Surveillance Cameras and Security Measures in Stores or Businesses", be received, placed on file, considered and passed for the third time. Ayes: Five. Absent: Dell, Buck. Motion carried. 102163 - Moved by Wright, seconded by Budak that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by adding Chapter 9 3/4, Convenience Store Security, Providing for Surveillance Cameras and Security Measures in Stores or Businesses", be adopted. Ayes: Five. Absent: Dell, Buck. Ordinance adopted and upon approval by Mayor assigned No. 3986. 102164 - Tom Loehr stated that even though Beattie's christmas trees had indicated after last Monday night's Council meeting that they wished to withdraw their request, they have reconsidered that position and wished to move forward to amend the City ordinance. Discussion was heard on the existing transient merchant ordinance which requires only inside itinerant vendors to be licensed. He stated that the current ordinance now allows anyone to come into the city and sell christmas trees. He noted that this was an opportunity to protect the local vendors and urged the Council to amend the ordinance accordingly. Tom Sekeres, 3940 Valdez Drive, spoke on behalf of the YMCA Y's Men's christmas lot, noting that the sale of christmas tree is a major fund raiser for this non- profit organization. He urged the Council to amend the ordinance, and that action is needed soon on this item. Port Beattie, Jr., 4860 Harmony Place, suggested that the proposed amendment changes presented at last Monday evening's Council (see CR 102132) should be carefully reviewed by the Council. He noted that said ordinance would protect citizens and businesses that reside in the area. He noted that the Cedar Rapids ordinance covers all vendors, including inside and outside vendors and states that a transient merchant can only locate in one location for seven days, after which time 30 calendars days must elapse prior to the vendor reappearing at said location. It was suggested that the current ordinance be amended to state that anyone residing in Black Hawk County or owning property within the county would not be required to have a transient merchant license. City Attorney Jim Walsh stated that prior to the adoption of such an amendment, the constitutionality of restricted trade would need to be reviewed by his department. A resident of 435 Christensen Road stated that as an economist, he has been watching this item very closely as it relates to "economics of regulation" by local government. He suggested that throughout the discussions on this item, the viewpoint of the consumer has not been heard. He suggested that prior to any action, the impact on all consumers be evaluated. Moved by Budak, seconded by Wright that "an Ordinance amending the 1988 Code of Ordinance deleting Section 23-42 of Division 3, Peddlers and Solicitors, of Article II, and Section 23-63, Definitions of Division I, of Article III, Generally, and enacting in lieu thereof a new Division 5 and Section 23-63, Definitions, of Division I, of Article III, of Chapter 23, Licenses and Business Regulations (administerial functions)", be tabled for one week and a work session be scheduled for Monday, November 22, 1993 to review restricting the ordinance to exempting Black Hawk County residents as suggested above. Ayes: Five. Absent: Dell, Buck. Motion carried. November 15, 1993 Page 6 Ordinances to be Adopted - continued 102165 - Acting Fire Chief Frank Magsamen stated that a meeting had been conducted with Roger Olesen and Jim Lawrence of the Waterloo Chamber of Commerce regarding their concerns with the proposed ordinance (see CR 102080). An agreement has been reached that will benefit both parties. He thanked all parties concerned for their input and asked that the Council table action on this item until Monday, November 22, 1993 to allow drafting said ordinance changes. Moved by Wright, seconded by Lemke that "an Ordinance amending Chapter 14, Fire Prevention and Protection, of the 1988 Code of Ordinances of the City of Waterloo, by repealing Section 14-59, Life Safety Inspections; and enacting in lieu thereof a new Section 14-59, Life Safety Inspections", be tabled until Monday, November 22, 1993. Ayes: Five. Absent: Dell, Buck. Motion carried. 102166 - Moved by Angel, seconded by Budak that "an Ordinance amending the 1991 Traffic Code by repealing Section 540, Obedience to Official Traffic -Control Devices; and by enacting in lieu thereof a new Section 540, Obedience to Official Traffic -Control Devices (updating signalized intersections)", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Dell, Buck. Motion carried. 102167 - City Attorney Jim Walsh stated that the State Code of Iowa requires that the City adopt by ordinance its Code or Ordinance and Traffic Code as its official documents for the City. This action reflects this requirement. Moved by Budak, seconded by Lemke that "an Ordinance adopting a Code of Ordinances and a Traffic Code for the City of Waterloo, Iowa", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Dell, Buck. Motion carried. BILLS PAYMENT 102168 Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-49, dated November 15, 1993, in the amount of $691,644.68, copies of which are on file in the Clerk/Auditor's office", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-683. NEW BUSINESS 102169 - In response to a question from Councilperson Fox, Deb Collett, Executive Director of the Waterloo Housing Authority, stated that this appointment will fill a vacancy created in March 1993. At that time, it was thought that the construction work at the Carnegie Library would be completed and secretarial duties shared with said departments. Since construction was delayed, this was not possible. Moved by Wright, seconded by Budak that communication from Executive Director of Waterloo' Housing Authority transmitting recommendation of appointment of Thadine Graham to the position of Administrative Secretary effective December 1, 1993, be received, placed on file and approved. Ayes: Five. Absent: Dell, Buck. Motion carried. 102170 - Moved by Wright, seconded by Budak that communication from Mayor Al Manning transmitting recommendation of reappointment of Gary Sieben, Joe Myers, Dennis Buck and Richard Jensen to the Electrical Examiners and Appeals Boards, with term expiration date of November 1, 1996, be received, placed on file and approved. Ayes: .Four. Nays: Fox. Absent: Dell, Buck. Motion carried. 102171 - Moved by Wright, seconded by Budak that communication from Mayor Al Manning transmitting recommendation of appointment of Kurt Frank to the Electrical Examiners and Appeals Board, with term expiration date of November 1, 1996, be received, placed on file and approved. Ayes: Four. Nays: Fox. Absent: Dell, Buck. Motion carried. November 15, 1993 Page 7 New Business - continued 102172 - Moved by Wright, seconded by Budak that communication from City Planner transmitting request of the Waterloo Board of Adjustment to amend the Zoning Ordinance as it pertains to the height of residential fences on a corner lot, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as December 13, 1993 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-684. MISCELLANEOUS 102173 - Moved Wright, seconded by Budak 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 fireworks display be received, placed on file and approved: 1. Beer License Permit Application Class C Bishops Corner, Inc., 700 Bishop Avenue (Renewal) (Expires 12/22/94) (Includes Sunday Sales) Holiday Station Store, 1602 LaPorte Road (Renewal) (Expires 11/30/94) (Includes Sunday Sales) Application for Fireworks Display Huckleberry's Dining Emporium, 722 Water Street for Friday, November 19, 1993 Ayes: Five. Absent: Dell, Buck. Motion carried. BONDS 102174 - Moved by Wright, seconded by Budak that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through November 15, 1993, be received, placed on file and report and bonds approved. Ayes: Five. Absent: Dell, Buck. Motion carried. ORAL PRESENTATIONS 102175 - Councilperson Wright stated that as an absent member of the City Council meeting held on November 8, 1993, she was asking that two items be placed on future Council agendas. Moved by Wright, seconded by Angel that the Crack House Ordinance (see CR 102134) be placed on City Council agenda, and that the rezoning of the property 5th Street from "R-4" Multiple Family Residence District District be placed on the City Council agenda of November 22 Absent: Dell, Buck. Motion carried. the December 6, 1993 .located at 1318 West to "C-1" Commercial , 1993. Ayes: Five. 102176 - Gary Goodson, 606 Sumner Street, questioned why the liquor license for Goodies II, 115 Sumner Street, did not appear on the Council agenda. Acting Clerk/Auditor Michelle Temeyer stated that she would check on this matter and report to Mr. Goodson. Chief Koehrsen stated that the proposed application was referred to his office, and he is considering denial. No final decision has been made on said matter but will be forthcoming at a future City Council meeting. Moved by Budak, seconded by Wright that the above oral comments be received, placed on file and the Council adjourn at 8:45 p.m. Ayes: Five. Absent: Dell, Buck. Motion carried. Michelle Temeyer Acting City Clerk/Auditor