HomeMy WebLinkAbout08/02/93August 2, 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, August 2, 1993. Mayor Albert C. Manning,
Jr. in the Chair. Roll Call: Dell, Fox, Angel, Wright, Budak. Absent: Buck, Lemke.
Invocation by: Councilperson Josef Fox
Pledge of Allegiance: Planning and Development Director Don Temeyer
101612 - Moved by Angel, seconded by Wright
that the Agenda, as proposed, for the Regular Session on Monday, August 2, 1993,
at 7:00 p.m., and the Minutes of the Regular Session on Monday, July 26, 1993, at
7:00 p.m., be accepted and approved. Ayes: Five. Absent: Buck, Lemke. Motion
carried.
ADJOURNED HEARING
101613 - The Mayor announced that the time had arrived on the adjourned hearing of July 12,
1993 (see CR 101510) on amendments to Zoning Ordinance No. 2479, as amended, as
it pertains to a proposed ordinance creating a "H -C" Highway Corridor Overlay
District along U.S. Highway 20 providing for open space and landscaping
requirements.
Moved by Dell, seconded by Fox
that the hearing be closed and the hearing be adjourned to September 7, 1993.
Ayes: Five. Absent: Buck, Lemke. Motion carried.
HEARING
101614 - Moved by Angel, seconded by Dell
that proof of publication of notice of public hearing on amendments to Zoning
Ordinance No. 2479, as amended, as it pertains to landscaping provisions, as
published in the Waterloo Courier on July 26, 1993, be received and placed on
file. Ayes: Five. Absent: Buck, Lemke. Motion carried.
101615 - 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 Budak, seconded by Wright
that the hearing be closed and the recommendation of approval of the Planning,
Programming and Zoning Commission be received and placed on file. Ayes: Five.
Absent: Buck, Lemke. Motion carried.
101616 - Moved by Dell, seconded by Fox
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance
as it pertains to landscaping provisions", be received, placed on file, considered
and passed for the first time. Ayes: Five. Absent: Buck, Lemke. Motion
carried.
UNFINISHED BUSINESS
101617 - Bob Stevenson, City Planner, noted that this would allow the completion of the
East Lake Bike Trail between Relocated Highway 218 and Cedar Bend. Funding for
the project includes: a $195,000 REAP application, $38,000 from the Chain of
Lakes Board, $38,000 from Black Hawk County, and $25,000 from a recent City bond
issuance. The contract was higher than estimated. To accommodate the overage,
a change order is being presented on this evening's agenda (see CR 101626) that
will decrease the contract amount by utilizing recycled asphalt and not removing
some of the trees along the bikeway. In response to a question from Mel Smelser,
2235 Temple Avenue, Mr. Stevenson noted that the contract calls for a recycled
asphalt, ten foot wide trail approximately 1.8 miles long, including one structure
(bridge).
August 2, 1993
Unfinished Business - continued
Moved by Angel, seconded by Fox
Page 2
that communication from City Planner transmitting recommendation of award of
contract to Peterson Contractors, Inc. of Reinbeck, Iowa, in the amount of
$265,082.00 in conjunction with East Lake Bike Trail, Contract No. 437, be
received, placed on file and "Resolution approving said award of contract", be
adopted. Ayes: Five. Absent: Buck, Lemke
Resolution adopted and upon approval by Mayor assigned No. 1993-477.
PETITIONS FROM PUBLIC
101618 - Moved by Angel, seconded by Fox
that communication from City Engineer transmitting request of James H. Junk for
a concrete driveway to be located at 219 Hanna Boulevard, together with
recommendation of approval, be received, placed on file and "Resolution approving
said request", be adopted. Ayes: Five. Absent: Buck, Lemke.
Resolution adopted and upon approval by Mayor assigned No. 1993-478.
101619 - Moved by Angel, seconded by Fox
that communication from City Engineer transmitting request of Jack Moeller for an
asphalt driveway to be located at 532 Summit Avenue, together with recommendation
of approval, be received, placed on file and "Resolution approving said request",
be adopted. Ayes: Five. Absent: Buck, Lemke.
Resolution adopted and upon approval by Mayor assigned No. 1993-479.
101620 - Moved by Angel, seconded by Fox
that communication from City Engineer transmitting request of Rodney N.
Reinertson, Jr. for a concrete driveway to be located at 1823 Cornwall Avenue,
together with recommendation of approval, be received, placed on file and
"Resolution approving said request", be adopted. Ayes: Five. Absent: Buck,
Lemke.
Resolution adopted and upon approval by Mayor assigned No. 1993-480.
101621 - Moved by Angel, seconded by Fox
that communication from City Engineer transmitting request of Alvin Carrier for
a concrete driveway to be located at 302 Idaho Street, together with
recommendation of approval, be received, placed on file and "Resolution approving
said request", be adopted. Ayes: Five. Absent: Buck, Lemke.
Resolution adopted and upon approval by Mayor assigned No. 1993-481.
101622 - Moved by Angel, seconded by Fox
that communication from City Engineer transmitting request of Fred Goldsberry for
a concrete driveway to be located at 256 Normandy, together with recommendation
of approval, be received, placed on file and "Resolution approving said request",
be adopted. Ayes: Five. Absent: Buck, Lemke.
Resolution adopted and upon approval by Mayor assigned No. 1993-482.
101623 - Moved by Angel, seconded by Fox
that communication from Associate Engineer transmitting signage request from
Marilyn McCready of Surgical and Orthopaedic Associates, P.C., 927 West 4th
Street, to temporarily place signs on city right of way generally located at Allen
Street alley entrance in conjunction with Sixth Street Extension, West, Contract
No. 413, together with recommendation of approval, be received, placed on file and
"Resolution approving said request", be adopted. Ayes: Five. Absent: Buck,
Lemke.
Resolution adopted and upon approval by Mayor assigned No. 1993-483.
August 2, 1993
REPORTS
101624 - Moved by Angel, seconded by Fox
Page 3
that communication from Waterloo Housing Authority Executive Director transmitting
annual Public Housing Management Assessment Program Certification (P.H.M.A.P.) be
received, placed on file and "Resolution approving said report", be adopted and
Mayor authorized to execute same. Ayes: Five. Absent: Buck, Lemke.
Resolution adopted and upon approval by Mayor assigned No. 1993-484.
DOCUMENTS
101625 - Moved by Budak, seconded by Fox
that communication from City Planner transmitting Contracts, Bonds and
Certificates of Insurance from Peterson Contractors Inc. of Reinbeck, Iowa in the
amount of $265,082.00 in conjunction with East Lake Bike Trail, Contract No. 437,
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: Buck, Lemke.
Resolution adopted and upon approval by Mayor assigned No. 1993-485.
101626 - Moved by Budak, seconded by Fox
that communication from City Planner transmitting Change/Extra Order No. 1 for a
net decrease of $31,160.00 for work to be performed by Peterson Contractors Inc.
in conjunction with East Lake Bike Trail, Contract No. 437, be received, placed
on file and approved and Mayor and Deputy Clerk/Auditor authorized to execute
same. Ayes: Five. Absent: Buck, Lemke. Motion carried.
101627 - In response to a question from Councilperson Budak, Eric Thorson, City Engineer,
noted that this project will provide more capacity for the existing system and
allow future extension to the northwesterly part of the City relieving problems
in that area.
Moved by Budak, seconded by Fox
that communication from Assistant City Engineer transmitting Change Order No. 4
for a net decrease of $23,015.20 for work to be performed by Johnson Brothers
Contractors in conjunction with F.Y. 1992 Intercity Interceptor, Stage IX, West
18th Street to West 7th Street, Contract No. 432, be received, placed on file,
approved and Mayor authorized to execute same. Ayes: Five. Absent: Buck,
Lemke. Motion carried.
101628 - Moved by Budak, seconded by Fox
that communication from Fire Chief transmitting Change Order No. 2 for a net
increase of $5,116.00 for work to be performed by Huff Contracting in conjunction
with Hazardous Material Training Center be received, placed on file and approved
and Mayor authorized to execute same. Ayes: Five. Absent: Buck, Lemke. Motion
carried.
101629 - Moved by Budak, seconded by Fox
that communication from Acting Clerk/Auditor transmitting a consultant agreement
with Charles Gramlich for auditing of cable franchise fees, 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. Absent: Buck, Lemke.
Resolution adopted and upon approval by Mayor assigned No. 1993-486.
August 2, 1993
RESOLUTIONS TO BE ADOPTED
101630 - Moved by Budak, seconded by Fox
Page 4
that "Resolution setting date of hearing as August 16, 1993 at 7:00 p.m. in the
City Hall Council Chambers on sale and conveyance of property generally located
at Lucas and Cloverdale to Timothy S. Hilyard and Barbara J. Hilyard", be adopted
and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Five.
Absent: Buck, Lemke.
Resolution adopted and upon approval by Mayor assigned No. 1993-487.
101631 - Moved by Budak, seconded by Fox
that "Resolution setting date of hearing as August 16, 1993 at 7:00 p.m. in the
City Hall Council Chambers on sale and conveyance of property generally located
on Prescotts Drive to Jim Homewood, Virgil Kohagen, Mike Hospodarsky and Brian
Minard for $2,291.65", be adopted and Deputy Clerk/Auditor instructed to publish
notice of same. Ayes: Five. Absent: Buck, Lemke.
Resolution adopted and upon approval by Mayor assigned No. 1993-488.
101632 - Moved by Budak, seconded by Fox
that "Resolution approving and accepting Quit Claim Deed from Black Hawk County
for property generally located in Lot 11, Block 4, Shilliams 4th Addition in
conjunction with the Martin Luther King, Jr. Drive corridor", be adopted. Ayes:
Five. Absent: Buck, Lemke.
Resolution adopted and upon approval by Mayor assigned No. 1993-489.
ORDINANCES TO BE ADOPTED
101633 - Moved by Wright, seconded by Dell
that "an Ordinance vacating a portion of the utility easement generally located
at the rear of 2733 Prescotts Drive --Brian Minard", be received, placed on file,
considered and passed for the second time. Ayes: Five. Absent: Buck, Lemke.
Motion carried.
101634 - Moved by Fox, seconded by Angel
that "an Ordinance amending the 1991 Traffic Code by adding Section 571B, No
Parking 6:00 p.m. to 5:00 a.m. (limiting parking in the 900, 1000 and 1100 blocks
of East 4th Street from 6:00 p.m. to 5:00 a.m.)", be received, placed on file,
considered and passed for the second time. Ayes: Five. Absent: Buck, Lemke.
Motion carried.
101635 - Moved by Dell, seconded by Fox
that "an Ordinance amending the 1988 Code of Ordinances establishing a minimum
General Fund balance", be received, placed on file, considered and passed for the
second time. Ayes: Five. Absent: Buck, Lemke. Motion carried.
101636 - Mayor Manning presented a prepared statement concerning recent "Letters to the
Editor" in the Waterloo Courier which he felt misrepresented the actions of the
Council regarding the golf pro contracts to commence January 1, 1994. The authors
included Roberta VanFleet and Pat Fisher. The Mayor provided a chronology of
events concerning Council action on this item. The Mayor also stated that he did
not agree with automatically extending the contracts of the existing pros and
supported the solicitation of requests for proposals to assure the best results
for the City.
Tom Penaluna, chairperson of the special committee to study the pro shop contracts
and a member of the Park Board, stated that the golf pros have made a presentation
to the committee concerning future extension of their contracts and the committee
is now requesting direction from the City Council on said proposal. The Park
Board will be meeting on Wednesday, August 4, to take action on this matter.
Consensus by the City Council will allow the committee to negotiate with the pros
for final disposition of this item.
August 2, 1993 Page 5
Ordinances to be Adopted - continued
Dave Nagle, attorney representing the golf pros, emphasized that it was the goal
of the pros to try to find a medium ground for negotiation and complimented the
pros on the great job they are currently doing. The pros at this time are
offering to provide the City with an annual flat fee or a percentage of
concessions at the clubhouse, including food, beverage, liquor and cart rentals.
Preference is given to the percentage method. If neither of these options
provides the City with $60,000, which is currently budgeted in the FY 1994 Budget,
necessary steps will be taken by the Park Board by either increasing fees or
decreasing the cost of golf -related expenditures to meet this financial
obligation. He requested authority to proceed with negotiations and provide the
Council with progress on their deliberations.
Bob Molinaro, 3545 Augusta Circle, complimented the pros for their work in
providing an excellent golf program in the community, including the junior golf
program and the Waterloo Open. He urged the Council to accept the proposal
presented by the golf pros and unify all segments in this debate.
Mr. Nagle suggested that the Council adopt a resolution directing the Park Board
to move forward with the plan, including the anticipated $60,000 in revenue.
In response to a question from Councilperson Angel, the length of the agreement
with the pros has not been determined. He assured the Council that the Council
will receive a copy of the proposed agreement before approval by the Park Board.
City Attorney Jim Walsh stated that the Council could act to allow the Park Board
to proceed with the wording on this evening's agenda. He also noted that the
current agreements with the pros are "concession agreements" and as such, must be
competitively bid. If the agreement is changed to a personal service agreement,
the competitive bidding procedure is no longer an issue.
Mayor Manning stated that the proposal eliminates the competitive process that a
requests for proposals would provide. The $60,000 is the result the City wants
to achieve but eliminates the competitive element. Mr. Nagle stated that this was
an attempt to work out a compromise and move us down the road and create a spirit
of cooperation. He questioned whether the Mayor wanted to continue to fight this
issue. The Mayor questioned how the total operation of the course would be
evaluated under such a proposal. Mr. Nagle responded that this is a reasonable
solution pointing to the great accomplishments of the pros.
Councilperson Angel stated that she would be in favor of a one-year proposal with
the existing pros and then rebid in subsequent years.
Ernie Boykin, P.O. Box 1801, questioned the relationship between the pros and the
City. It was noted that the pros are not employees of the City but are
independent contractors selected by the Park Board who negotiates the yearly
contracts.
Councilperson Dell stated that the proposal was a good one and was a great effort
toward compromise. Councilperson Budak stated that the committee has come a long
way and is doing what was requested by the Council. He stated that he was
uncomfortable voting on the proposed ordinance that would destroy the spirit of
cooperation between the Board and the Council.
Moved by Budak, seconded by Dell
that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo,
Iowa, by adding Subsection (e) to Section 2-194, Powers and Duties of the Board,
of Division 4, Board of Park Commissioners, of Chapter 2, Administration", be
tabled indefinitely.
Prior to a vote on this action, Ms. Boykin asked that the Council not tamper with
something that is obviously working.
A vote was taken on the above motion with the following result: Ayes: Five.
Absent: Buck, Lemke. Motion carried.
August 2, 1993 Page 6
Ordinances to be Adopted - continued
Councilperson Fox urged the committee to move forward cooperatively and inform the
Council of its progress. Councilperson Dell also suggested that the public should
not second guess the motives of the Mayor, and that he was attempting to address
the concerns that have been expressed by some that the best possible deal be
obtained by the City.
Mr. Penaluna was reassured that this ordinance would not be presented to the
Council for action without first informing the Park Board and committee.
BILLS PAYMENT
101537 - Moved by Angel, seconded by Dell
that "Resolution approving Schedule A918, pp. 1-57, in the amount of $983,597.54,
dated August 2, 1993, copies of which are on file in the Clerk/Auditor's office",
be adopted. Ayes: Four. Abstain: Fox. Absent: Buck, Lemke.
Resolution adopted and upon approval by Mayor assigned No. 1993-490.
NEW BUSINESS
101638 - Moved by Fox, seconded by Budak
that communication from Superintendent of Water Pollution/Flood Control
transmitting recommendation of appointment of Todd Damro and Howard Schmitz to the
position of Plant Maintenance Mechanic, effective August 3, 1993, be received,
placed on file and approved. Ayes: Five. Absent: Buck, Lemke. Motion carried.
101639 - Moved by Fox, seconded by Budak
that communication from Mayor Al Manning transmitting recommendation of
appointment of Elsie Duncan to the Community Development Board, with term
expiration date of March 1, 1998, be received, placed on file and approved. Ayes:
Five. Absent: Buck, Lemke. Motion carried.
101640 - Moved by Fox, seconded by Budak
that communication from Mayor Al Manning transmitting recommendation of
appointment of Pierre Denault to the Cablevision Commission, with term expiration
date of December 1, 1995, be received, placed on file and approved. Ayes: Five.
Absent: Buck, Lemke. Motion carried.
101641 - Moved by Fox, seconded by Budak
to instruct City Engineer to prepare plans, specifications, form of contract, etc.
for F.Y. 1994 Water Pollution Control Facility Dual Electric Feed System, Contract
No. 460, be received, placed on file and approved. Ayes: Five. Absent: Buck,
Lemke. Motion carried.
101642 - Moved by Fox, seconded by Budak
that plans, specifications, form of contract, etc., for the F.Y. 1994 Water
Pollution Control Facility Dual Electric Feed System, Contract No. 460, be
received, placed on file and "Resolution preliminarily approving the same", be
adopted. Ayes: Five. Absent: Buck, Lemke.
Resolution adopted and upon approval by Mayor assigned No. 1993-491.
101643 - Moved by Fox, seconded by Budak
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc., and taking of bids as August 23, 1993, at 7:00 p.m. in the City
Hall Council Chambers on the above project", be adopted and Deputy Clerk/Auditor
instructed to publish notice of hearing accordingly. Ayes: Five. Absent: Buck,
Lemke.
Resolution adopted and upon approval by Mayor assigned No. 1993-492.
August 2, 1993
New Business - continued
101644 - Moved by Fox, seconded by Budak
Page 7
to instruct Architects to prepare plans, specifications, form of contract, etc.
for Construction and Installation of Water Slides/Water Park Project for Byrnes
and Gates Parks, be received, placed on file and approved. Ayes: Five. Absent:
Buck, Lemke. Motion carried.
101645 - Moved by Fox, seconded by Budak
that plans, specifications, form of contract, etc., for the Construction and
Installation of Water Slides/Water Park Project at Byrnes and Gates Parks be
received, placed on file and "Resolution preliminarily approving the same", be
adopted. Ayes: Five. .Absent: Buck, Lemke.
Resolution adopted and upon approval by Mayor assigned No. 1993-493.
101646 - Moved by Fox, seconded by Budak
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc., and taking of bids as August 23, 1993, at 7:00 p.m. in the City
Hall Council Chambers on the above project", be adopted and Deputy Clerk/Auditor
instructed to publish notice of hearing accordingly. Ayes: Five. Absent: Buck,
Lemke.
Resolution adopted and upon approval by Mayor assigned No. 1993-494.
Travel Requests
101647 - Moved by Fox, seconded by Budak
that the following travel requests, with expenses not to exceed amount shown, be
received, placed on file and approved:
1. David Marshall, Police Investigator, to attend Gang Seminar in Indianapolis,
Indiana on August 5-6, 1993 with costs not to exceed $365.00, including the use
of city vehicle.
2. James E. Walsh, Jr., City Attorney, to attend NIMLO conference in Nashville,
Tennessee on September 19-22, 1993 with costs not to exceed $1,329.00.
Ayes: Five. Absent: Buck, Lemke. Motion carried.
MISCELLANEOUS
101648 - Moved by Fox, 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 outdoor service area be received,
placed on file and approved and request of Bottemuller Woodworking for a waiver
of fee for transient merchant's license be denied:
1. Beer/Liquor License Permit Application
Class C
Narey's 19th Hole, 2073 Logan Avenue (Renewal) (Expires 8/23/94)
Application for Outdoor Service Area
National Cattle Congress/Waterloo Greyhound Park, 3250 Drive --August 20 to
August 21, 1993
Transient Merchant's License
Bottemuller Woodworking, Belton, Missouri request waiver of fee
Ayes: Five. Absent: Buck, Lemke. Motion carried.
August 2, 1993
BONDS
Page 8
101649 - Moved by Dell, seconded by Angel
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through August 2, 1993, be received, placed on file and report and
bonds approved. Ayes: Five. Absent: Buck, Lemke. Motion carried.
ORAL PRESENTATIONS
101650 - Mel Smelser, 2235 Temple Avenue, presented Bev Lind, Director of the Waterloo
Public Library, a special bottle to help her with the upcoming bond referendum and
cutbacks.
Councilperson Angel noted that Ms. Lind has plenty of stamina and courage without
the help presented by Mr. Smelser.
Sharon Malone, 535 Nicholas Street, questioned a letter sent to her landlord at
Goodies II, 115 Sumner Street, authored by Chief Koehrsen. She questioned why the
letter was authored. The Chief noted that the letter was done in consultation
with the U.S. District Court Judge and was a matter between the Judge and the
landowner. Gary Goodson, Manager of Goodies II, also objected to the letter and
commented that the establishment is blamed for many of the problems on the east
side and did not appreciate said letter. The Chief deferred further comment on
this subject.
Ernie Boykin, P.O. Box 1801, thanked the Council for recognizing the personality
problem that exists between the City and the Park Commission. The Mayor stated
that the golf pro contracts and the personality issue are two separate issues, and
that the golf pro contract does not in any way deal with the personality issue.
Vernon Weems, 637 Independence Avenue, questioned whether or not the salaries for
the Mayor and City Council have been established for the year beginning January
1, 1994. The Mayor reported that this ordinance will be on the Council agenda of
August 16. Mr. Weems cited other Iowa cities' pay for council members noting that
the City of Waterloo is one of the lowest at $4,350 per year. He stated that in
order to attract good candidates the Council should consider increasing the annual
salary to attract and compete with other Iowa cities. He suggested a salary range
of $20,000 to $25,000.
Annette Marvets, 221 Milwaukee Avenue, stated that she has informed City officials
in the past of a water runoff problem that has flooded her basement. She noted
that when the streets were paved in 1977, no drainage or storm sewers were
provided, and the recent heavy rains have caused considerable runoffs since she
is at the bottom of the hill. John Meyer, Public Works Director, stated that at
the time the streets were constructed, ditches accommodated storm sewer flow, but
many of them have been filled in creating many problems. He stated that cleaning
the ditch has not been a high priority for Street Department crews. It was
suggested that the problem could be addressed by constructing curb and gutter.
A petition could be circulated with area neighbors to determine whether or not a
special assessment program would be viable. Mr. Meyer stated that City staff will
attempt to clean the ditch, hopefully addressing the problem.
Moved by Budak, seconded by Angel
that the above oral comments be received and placed on file. Ayes: Five.
Absent: Buck, Lemke. Motion carried.
101651 - City Attorney Jim Walsh stated that pulic safety concerns are uthorized by Iowa Code Section 20.16.an approved topic
of Executive Session
Moved by Budak, seconded by Angel
that the Council adjourn to Executive Session. Ayes: Five. Absent: Buck,
Lemke. Motion carried.
EXECUTIVE SESSION
101652 - Moved by Dell, seconded by Wright
that the Council adjourn the Executive Session. Ayes: Five. Absent: Buck,
Lemke. Motion carried.
August 2, 1993
ADJOURNMENT
101653 - Moved by Wright, seconded by Angel
Page 9
that the Council adjourn at 9:41 p.m. Ayes: Five. Absent: Buck, Lemke. Motion
carried.
Michelle Temeyer
Acting City Clerk/Auditor