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HomeMy WebLinkAbout07/19/1993July 19, 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, July 19, 1993. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Dell, Angel, Buck, Wright, Budak, Lemke, Fox. Invocation by: Councilperson Sammie Dell Pledge of Allegiance: Assistant Police Chief Larry Dolan 101527 - Moved by Buck, seconded by Angel that the Agenda, as proposed, for the Regular Session on Monday, July 19, 1993 at 7:00 p.m. and the Minutes of the Regular Session on Monday, July 12, 1993 at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Fox. Motion carried. HEARINGS AND BIDS 101528 - Moved by Angel, seconded by Budak that proof of publication of notice of public hearing on plans, specifications, form of contract, etc. and taking of bids for the Partial Interior Renovation of the Former Waterloo East Side Library, as published in the Waterloo Courier on July 6, 1993, be received and placed on file. Ayes: Six. Absent: Fox. Motion carried. 101529 - 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, reported that the proposed renovation includes space for the Waterloo Housing Authority which will be moving from the Chamber of Commerce and provides handicap accessibility to the entire building. Fox now present at 7:07 p.m. Due to the unusual rain this season, only one contractor took out plans on the project; therefore, it was the staff's recommendation that said project be readvertised and bids opened on September 13, 1993 with a completion date of March 1, 1994. Moved by Dell, seconded by Buck that "Resolution confirming the approval of plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-445. 101530 - Moved by Budak, seconded by Wright that "Resolution ordering construction", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-446. 101531 - Moved by Wright, seconded by Angel that recommendation of the Planning and Development Director to delay opening of bids and a new date of bid opening be set for September 13, 1993 be received, placed on file and "Resolution setting new date of bid opening as September 13, 1993 at 7:00 p.m. in the City Hall Council Chambers", be adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-447. 101532 - Moved by Wright, seconded by Budak that proof of publication of notice of public hearing on plans, specifications, form of contract, etc. and taking of bids for the Waterslides at Byrnes and Gates Pool, as published in the Waterloo Courier on July 6, 1993, be received and placed on file. Ayes: Seven. Motion carried. July 19, 1993 Page 3 Hearings - continued 101537 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Bob Stevenson, City Planner, noted that the proposed area is located within an "M - 2,P" Planned Industrial District and requires the approval of a site plan for any changes to the area. It was the recommendation of the Planning, Programming and Zoning Commission that said site plan amendment be approved. Moved by Wright, seconded by Buck that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral comments be received and placed on file. Ayes: Seven. Motion carried. 101538 - Moved by Angel, seconded by Dell that "Resolution approving site plan amendment for property generally located at 501 N. Elk Run Road for a proposed 50' x 110' dry storage building to be located at the north end of the IBP employee parking lot", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-450. 101539 - Moved by Buck, seconded by Angel that proof of publication of notice of public hearing on amendments to FY 1994 Budget, as published in the Waterloo Courier on July 13, 1993, be received and placed on file. Ayes: Seven. Motion carried. 101540 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Michelle Temeyer, Acting Clerk/Auditor, provided an explanation for the proposed action relating to reductions totaling $313,000 for Fiscal Year 1994. The proposed cuts are as follows: Human Rights Specialist 31,895 Library Aids 40,000 Planning & Development 37,753 Animal Control (1/2) 13,918 Fire (vacancy) 27,580 Park (vacancy) 30,648 Police (unbudgeted) 21,000 Clerk/Auditor 56,759 Golf Vacancy 18,447 Park Reduction 35,000 TOTAL $313,000 Mary Manning, 243 Windsor and a member of the Human Rights Commission, objected to the deletion of the Human Rights Specialist. She stressed the increased workload and the need for prevention activities. She asked that this cut be seriously reconsidered. Moved by Buck, seconded by Wright that the hearing be closed and oral comments be received and placed on file. Ayes: Seven. Motion carried. 101541 - Moved by Buck, seconded by Angel that "Resolution approving amendments to FY 1994 Budget", be adopted. Ayes: Six. Nays: Budak. Resolution adopted and upon approval by Mayor assigned No. 1993-451. July 19, 1993 Documents - continued Moved by Fox, seconded by Budak Page 5 that communication from General Manager of MET Transit transmitting request to guarantee an operating loan in the amount of $350,000 using the transit levy as collateral be received, placed on file and "Resolution approving said request", be adopted and Acting Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-456. 101548 - Eric Thorson, City Engineer, reported that this agreement will allow the owner of the Quik Trip Convenience Store located at West Fourth and Kimball Avenue to reimburse the City for actual costs related to the removal of the contaminated soil, which is estimated to be around $15,000. The work will be done by the City's prime contractor on the Sixth Street Project, Cedar Valley Corporation. This will result in no additional cost to the City. Moved by Fox, seconded by Budak that communication from Associate Engineer transmitting an agreement with HRZ Partnership, owner of the Kwik Trip Convenience Store at West Fourth Street and Kimball Avenue, to utilize the services of Cedar Valley Corporation for remediation clean-up services in conjunction with Sixth Street Extension - West, IX -6604(3)--79-07, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Acting Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-457. RESOLUTIONS TO BE ADOPTED 101549 - Moved by Fox, seconded by Budak that "Resolution approving naming a portion of Eldora Road south of West Shaulis Road as Eldora Court", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-458. 101550 - Councilperson Fox questioned whether the entire amount of the issuance will be needed if the cost of the waterslides is less than anticipated. Bob Stevenson, City Planner, noted that the bid received this evening (see CR 101535) is only for the purchase of the slides. The City's architect will now design the mechanical system, and a separate bid will be let for the installation. Depending on the total cost of this item, this amount could change. A more accurate cost will be available prior to the hearing of August 9, 1993. Moved by Fox, seconded by Budak that "Resolution fixing date of hearing as August 9, 1993 at 7:00 p.m. in the City Hall Council Chambers on the proposition of the issuance of not to exceed $600,000 of General Obligation Bonds (for a General Corporate Purpose)", be adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-459. 101551 - Councilperson Fox stated that prior to the issuance of the bonds, the agreement with the ice users for their financial contribution to the ice facility should be obtained by the City. Moved by Fox, seconded by Budak that "Resolution fixing date of hearing as August 9, 1993 at 7:00 p.m. in the City Hall Council Chambers on the proposition of the issuance of not to exceed $700,000 of General Obligation Bonds (for a General Corporate Purpose)", be adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-460. July 19, 1993 Page 7 Resolutions to be Adopted - continued 101553 - Moved by Budak, seconded by Angel that the Sherwood Park area be de -annexed and that the residents not be charged any liabilities and that all City -owned property be transferred to Black Hawk County, and "Resolution distributing assets and liabilities for Sherwood Park de - annexation", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-461. ORDINANCES TO BE ADOPTED 101554 - Moved by Dell, seconded by Wright that "an Ordinance vacating the northerly eight foot utility easement generally located along the north side of 419 Valley Drive --Mike Regan", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 101555 - Moved by Angel, seconded by Budak that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 101556 - Moved by Wright, seconded by Dell 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. 101557 - Moved by Budak, seconded by Lemke that "an Ordinance vacating the northerly eight foot utility easement generally located along the north side of 419 Valley Drive", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3954. 101558 - Moved by Dell, seconded by Fox that "an Ordinance vacating the eight foot utility easement generally located along the southeasterly side of 1013 Belle Street --Steve Lentzkow", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 101559 - Moved by Wright, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 101560 - Moved by Angel, 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. 101561 - Moved by Fox, seconded by Wright that "an Ordinance vacating the eight foot utility easement generally located along the southeasterly side of 1013 Belle Street", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3955. 101562 - Moved by Dell, seconded by Wright that "an Ordinance vacating the east -west alley generally located between W. First Street and W. Mullan Avenue, north of Jefferson Street--Molo Oil Company", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. July 19, 1993 Page 2 Hearings and Bids - continued 101533 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Councilperson Dell asked for an explanation on the proposed financing of the waterslides as it relates to cash flow. Bob Stevenson, City Planner, requested that award of bid be delayed to allow the architect to design the mechanical structure for the waterslides. Bids will then be taken on the installation of the slides and mechanical equipment. Based upon the experience of other cities, revenue from the slides should pay off the capital investment in three to five years. Tom Reardon, Acting Director of the Recreation Commission, reported that many cities in the Midwest that have constructed waterslides have been visited. Their experience has been that attendance has tripled after the installation of slides. The Waterloo Recreation Commission has conservatively estimated that attendance will double and additional concession revenue can be expected. Currently, the pools are losing approximately $45,000 to $50,000 annually. Hopefully, the new slides will alleviate this loss and produce additional revenues for the pay off of the project. Mr. Reardon reported that the current cost is $1.25 per admission and will be increased to $1.50. He reported that a minimal increase in admission will result in more spending in concession and keep the facility affordable to more youth in the community. In response to a question from Councilperson Dell, Mr. Reardon reported that other cities have experienced very little decline in attendance even during inclement weather conditions. Pat Fisher, 204 Julie Court, questioned the additional cost to the City in terms of liability insurance for the slides. Mr. Reardon stated that there will be no increase in the liability premiums. Sue Fangman, Insurance Coordinator, stated that the City recently rebid its general liability insurance noting that St. Paul Fire and Marine did not provide for an exclusion of the waterslides, and that this coverage resulted in no additional cost to the City. Moved by Fox, seconded by Angel that "Resolution confirming the approval of plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-448. 101534 - Moved by Angel, seconded by Dell that "Resolution ordering construction", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-449. 101535 - Moved by Budak, seconded by Lemke to receive, file and instruct Acting Clerk/Auditor to open and read bids and refer to City Planner for review and recommendation and award of contract be delayed: Bidder Miracle Recreation Equipment, Monett, MO Whitewater West Industries, Columbus, OH Ayes: Seven. Motion carried. HEARINGS 101536 - Moved by Fox, seconded by Wright Bid Bond Bid Amount 5% $181,038 5% $216,209 that proof of publication of notice of public hearing on the request of IBP for a site plan amendment for property generally located at 501 N. Elk Run Road for a proposed 50' x 110' dry storage building to be located at the north end of the employee parking lot, as published in the Waterloo Courier on July 12, 1993, be received and placed on file. Ayes: Seven. Motion carried. July 19, 1993 Page 4 Hearings - continued Councilperson Dell noted that the areas of public safety and human rights have not gone without discussion and that the decision to make these cuts was not as cold as it may seem. He stated that the Council has seriously considered each and every cut that was made. Councilperson Angel noted that all of the departments have been cut to the bone and are now drawing blood. Councilperson Wright indicated that changes could continue in the budget status throughout the fiscal year. PETITIONS FROM PUBLIC 101542 - Moved by Fox, seconded by Budak that communication from City Engineer transmitting request of Daniel Welsh for a concrete driveway to be located at 4946 Charolais 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. 1993-452. 101543 - Moved by Fox, seconded by Budak that communication from City Engineer transmitting request of Michael J. and Joyce M. Eastman for a concrete driveway to be located at 3951 Cedar Terrace 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. 1993-453. 101544 - Moved by Fox, seconded by Budak that communication from City Engineer transmitting request of Jack Nelson for a concrete driveway to be located at 4955 Charolais 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. 1993-454. 101545 - Moved by Fox, seconded by Budak that communication from City Planner transmitting request of Glenn Jerry Hansen to vacate a portion of the utility easement generally located along the north side of 1814 Coachman Drive, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 9, 1993 at 7:00 p.m. in the City Hall Council Chambers on above described request", be adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-455. REPORT 101546 - Moved by Fox, seconded by Budak that the Report of Waterloo Housing Authority Ridgeway Towers and Section 8 Waterloo Housing Authority Certificate Program --June 1993, be received and placed on file. Ayes: Seven. Motion carried. DOCUMENTS 101547 - Walt Stephenson, General Manager of MET Transit, reported that federal money for the fiscal year will not be received until some time in February or March 1994. To maintain operations, it is necessary to obtain a short-term loan of $350,000 from the National Bank of Waterloo. The loan would be guaranteed with the transit levy received from the City of Waterloo. The City will remit monthly payments to MET. Discussion was heard on compliance with the Americans With Disabilities Act and service provided to para -transit riders. . July 19, 1993 Resolutions to be Adopted - continued 101552 - Moved by Buck, seconded by Dell Page 6 that "Resolution distributing assets and liabilities for Sherwood Park de - annexation", be adopted. Prior to a vote on this resolution, the following discussion was heard. Hugh Field, attorney representing the residents of Sherwood Park, stated that the distribution of assets and liabilities is a legislative function of the Council, but they must act within the scope of the 14th Amendment and be reasonable in their action. He objected to the assessment of future interest costs on the City's general obligation debt. He questioned whether credit had been given for the bonds that have been retired and paid for by the residents since their incorporation into the City. He also questioned what assets are being distributed to the residents. Other than an oiled street, there have been no other City improvements to the area. With the construction of Relocated U.S. Highway 218, the road has sustained considerable damage and is in much worse shape than prior to construction. He stated that the distribution of liability to the Sherwood Park residents is unfair to the neighborhood and represents taxation without representation. Councilperson Angel agreed that there are basically no City assets to the area. Councilperson Dell stated that he believed that the residents owed something, but not $42,000. Mr. Field reported that the City had received approximately $10,000 from the state of Iowa for drainage improvements in Sherwood Park. To date, the work has not been completed. In response, Don Temeyer, Planning and Development Director, indicated that in the absence of John Meyer, Public Works Director, he was under the impression that the City will perform the work or return the money. City Attorney Jim Walsh noted that there is no statutory guidance on how the money would be paid to the City should the Council decide to distribute the liabilities. It was noted that the principal only computation is approximately $30,315.94. It was noted that the State Code requires that the City Council, prior to submission of the de -annexation request to the State, equitably distribute the assets and liabilities of the area. Leon Mosley stated that at the time the area was annexed into the City, the annexation decree stated that the City would provide services to the area but has not done so. He questioned whether the drainage improvements, for which State money was received, would be completed. He stated the only restrictions for residents in the area are imposed by the Iowa Department of Natural Resources and planning and zoning restrictions. The Mayor stated that many of the restrictions are imposed because the area is within the flood plain of the Cedar River. In response to a question from Councilperson Dell, Leon Mosley stated that he will personally work to provide the residents of the area with decent streets, lights and water but cannot guarantee the results. Dave Kidder, 138 Greenwood Drive, questioned the liabilities distributed to the neighborhood and also questioned whether the City had an appraisal on the assets in the area. The public properties have not been appraised and a value is not available. Moved by Buck, seconded by Fox that the above resolution be amended to distribute liabilities consisting only of the principal payment of $30,315.94 and that assets shall be all City property. A vote was taken on the above amendment with the following results. Ayes: Fox, Buck. Nays: Dell, Angel, Wright, Budak, Lemke. Motion not carried. It was noted that the City of Waterloo de -annexed property to the City of Evansdale, but no liabilities or asset distribution took place at that time. Councilperson Angel stated that the assets of the area are not $30,000 and a more accurate description would be zero. �`1 • July 19, 1993 Ordinances to be Adopted - continued 101563 - Moved by Wright, seconded by Dell Page 8 that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 101564 - Moved by Buck, seconded by Wright 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. 101565 - Moved by Fox, seconded by Wright that "an Ordinance vacating the east -west alley generally located between W. First Street and W. Mullan Avenue, north of Jefferson Street", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3956. 101566 - Moved by Budak, seconded by Lemke that "Resolution authorizing sale and conveyance of the east -west alley generally located between W. First Street and W. Mullan Avenue, north of Jefferson Street to Molo Oil Company for $13,140, plus costs", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-462. 101567 - Moved by Dell, seconded by Lemke that "an Ordinance vacating the remaining 240 feet of the north -south alley generally located along the easterly side of the church parking lot --Grace United Methodist Church, E. Fifth and Walnut Streets", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 101568 - Moved by Fox, seconded by Buck that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 101569 - Moved by Buck, seconded by Wright 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. 101570 - Moved by Angel, seconded by Dell that "an Ordinance vacating the remaining 240 feet of the north -south alley generally located along the easterly side of the church parking lot", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 1993-3957. 101571 - Moved by Fox, seconded by Wright that "Resolution authorizing sale and conveyance of the 300 foot alley generally located along the easterly side of the church parking lot located at E. Fifth and Walnut Streets to Grace United Methodist for $1,000.00, plus costs", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-463. 101572 - Moved by Dell, seconded by Wright that "an Ordinance amending Zoning Ordinance No. 2479, as amended, as it pertains to allowing group homes for the mentally retarded to have intermediate care for up to eight people in all residential areas --Comprehensive Systems, Inc.", be received, placed on file, considered and passed for the second time. July 19, 1993 Ordinances to be Adopted - continued Prior to a vote on the above motion, the following discussion was heard. Page 9 Councilperson Buck questioned whether this change is required by the Federal Fair Housing Law of 1988. City Attorney Jim Walsh stated that the City is required to adopt said change to be in compliance with said law. Ayes: Seven. Motion carried. 101573 - Moved by Dell, seconded by Buck that "an Ordinance amending Chapter 20, Human Relations, of the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 20-19, One Hundred Twenty -Day Administrative Release; and enacting in lieu thereof a new Section 20- 19, Sixty -Day Administrative Release (changing 120 -day waiting period to a 60 -day waiting period for requesting an administrative release)", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 101574 - Moved by Budak, seconded by Lemke that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 101575 - Moved by Wright, 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. 101576 - Moved by Fox, seconded by Angel that "an Ordinance amending Chapter 20, Human Relations, of the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 20-19, One Hundred Twenty -Day Administrative Release; and enacting in lieu thereof a new Section 20- 19, Sixty -Day Administrative Release (changing 120 -day waiting period to a 60 -day waiting period for requesting an administrative release)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3958. 101577 - Councilperson Buck stated that he has been assured by Park Department members that request for proposals will be solicited for the golf pro contracts. Councilperson Dell, liaison with the Park Board, stated that it appears that the Park Board intends to request proposals for said contract. Councilperson Fox supported the excellent work of the golf pros in the community to enhance golfing. Pros are taking considerable risks, and this year have been plagued with adverse weather conditions. He stated that it is essential that better communication be established between the Council and the Park Board. Councilperson Fox noted that the $60,000 Park Department deficit must still be dealt with. Don Narveson, 1111 Bourland Avenue, stressed that the Park Board has been very instrumental in bringing quality golf to Waterloo. He also stated that the pros have contributed to golf in the community. Councilperson Lemke stated that he could not trust anyone who throws him out of a public meeting as was the case several months ago. Moved by Wright, seconded by Budak that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by adding Subsection (e) to Section 2-194, Power and Duties of the Board, of Division 4, Board of Park Commissioners, of Chapter 2, Administration", be received, placed on file and tabled until August 2, 1993, at which time the committee reviewing the golf pro contracts can report to the Council their efforts to solicit request for proposals. Ayes: Seven. Motion carried. • July 19, 1993 Page 10 BILLS PAYMENT 101578 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-46, in the amount of $1,492,534.12, dated July 19, 1993, 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. 1993-464. NEW BUSINESS 101579 - Mayor Manning stated that it would not be a conflict of interest for Ms. Poe to serve on the Board of Park Commissioners. Her current job is Executive Director of the Waterloo Convention and Visitors Bureau. Moved by Buck, seconded by Wright that communication from Mayor Al Manning transmitting recommendation of appointment of Terry Poe to the Board of Park Commissioners, with term expiration date of January 1, 1999, be received, placed on file and approved. Ayes: Seven. Motion carried. 101580 - Moved by Buck, seconded by Wright that communication from Mayor Al Manning transmitting recommendation of appointment of Dolly Fortier to the Planning, Programming and Zoning Commission, with term expiration date of February 7, 1994, be received, placed on file and approved. Ayes: Seven. Motion carried. 101581 - Moved by Buck, seconded by Wright that communication from City Planner transmitting proposed amendments to the landscape ordinance as it pertains to variances for large sites to allow staff to approve request rather than sending to Board of Adjustment, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 2, 1993 at 7:00 p.m. in the City Hall Council Chambers", be adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-465. 101582 - Moved by Buck, seconded by Wright that "Preliminary Resolution for the construction of sidewalk improvements in conjunction with F.Y. 1994 Sidewalk Repair Assessment Program - Zone 5, Contract No. 457", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-466. 101583 - Moved by Buck, seconded by Wright that "Resolution fixing value of lots in conjunction with F.Y. 1994 Sidewalk Repair Assessment Program - Zone 5, Contract No. 457", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-467. 101584 - Moved by Buck, seconded by Wright that "Resolution adopting preliminary plat and schedule and estimate of cost for the F.Y. 1994 Sidewalk Repair Assessment Program - Zone 5, Contract No. 457", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-468. July 19, 1993 New Business - continued 101585 - Moved by Buck, seconded by Wright Page 11 that "Resolution of Necessity (Proposed) setting date of hearing as August 9, 1993 at 7:00 p.m. in the City Hall Council Chambers on proposed assessments for the F.Y. 1994 Sidewalk Repair Assessment Program - Zone 5, Contract No. 457", be adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-469. 101586 - Moved by Buck, seconded by Wright that communication from Mayor Al Manning transmitting recommendation of appointment of Greg Greco to the Board of Park Commissioners, with term expiration date of January 1, 1998, be received, placed on file and approved. Ayes: Seven. Motion carried. Travel Requests 101587 - Councilperson Lemke noted that James Boesen will be paying $400 of his costs to attend the National Convention. Mr. Boesen is an officer of said association. Moved by Buck, seconded by Wright that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. John Meyer, Public Works Director, to attend Iowa American Public Works Association conference in Oskaloosa, Iowa on August 5-6, 1993, with costs not to exceed $203.00. 2. James Boesen, Chief Heating Inspector, to attend 64th Annual Education and Business Conference of the International Association of Plumbing & Mechanical Officials in Anchorage, Alaska on September 26-30, 1993, with costs not to exceed $1,197.80. Ayes: Seven. Motion carried. MISCELLANEOUS 101558 - Moved by Buck, 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 and application for fireworks display and application for going out of business be received, placed on file and approved: 1. Beer/Liquor License Permit Application Class C BJ's Bar and Billiards, 110 Ida Street (Renewal) (Expires 7/30/94) (Includes Sunday Sales) Application for Fireworks Display Waterloo Professional Baseball, Inc. for Sportschannel Night at the Diamonds on July 30, 1993 Application for Going Out of Business Sale Wayne Marth Music, Inc., 209 West 5th Street --August 6 through October 5, 1993 Ayes: Seven. Motion carried. ORAL PRESENTATIONS 101589 - Rita Kehoe, 945 Olympic Drive, spoke on behalf of herself and the resident at 600 Olympic Drive in regard to the F.Y. 1994 Sidewalk Repair Program - Zone 5. Upon notification by the City that certain improvements were needed, she employed Dennis Christensen Contractors to make the necessary repairs. She has now been informed that the mudjacking repairs do not meet City specifications. Dennis Christensen stated that mudjacking has been an acceptable repair by the City for some 13 years. He provided pictures indicating other locations within the City where mudjacking has been allowed and approved by the City. Eric Thorson, City . July 19, 1993 Page 12 Oral Presentations - continued Engineer, stated that when the sidewalk ordinance was adopted some six years ago, mudjacking was not allowed as an acceptable repair. Mr. Thorson also stated that Mr. Christensen did not call for an inspection at 645 Olympic Drive although a permit was taken out for the work. Mr. Thorson stated that changing the specifications in the middle of the program would be inappropriate and difficult to administer. After discussion, it was agreed that the Public Works Committee would review said situation on Monday, July 26, 1993. Mayor Manning stated that volunteers are needed to continue the clean-up efforts of brush in public rights-of-way. Interested volunteers and those with trucks should meet at Gates Park at 4:30 p.m. on Wednesday, July 21, 1993 to resume clean-up efforts. He thanked all volunteers who have participated in this project. Moved by Buck, seconded by Wright that the above oral comments be received, placed on file and the Council adjourn at 9:17 p.m. Ayes: Seven. Motion carried. Michelle Temeyer Acting City Clerk/Auditor