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HomeMy WebLinkAbout06/28/93June 28, 1993 The Council of the City of Waterloo, Iowa, met Chambers, Waterloo, Iowa at 7:00 p.m. on Monday, Jr. in the Chair. Roll Call: Dell, Fox, Angel, in Regular Session at City Hall Council June 28, 1993. Mayor Albert C. Manning, Buck, Wright, Budak, Lemke. Invocation by: Councilperson Tony Budak Pledge of Allegiance: City Planner Bob Stevenson 101414 - Moved by Buck, seconded by Angel that the Agenda, as proposed, for the Regular Session on Monday, June 28, 1993, at 7:00 p.m., and the Minutes of the Regular Session on Monday, June 21, 1993, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. HEARINGS 101415 - Moved by Angel, seconded by Buck that proof of publication of notice of public hearing on request of Best Yet, Inc. to rezone from "A-1" Agricultural District to "C-2" Commercial District/"C-Z" Conditional Zoning property generally located north of U.S. Highway 20 and east of Hammond Avenue for use as storage facility to include enclosed mini -storage buildings and outside storage lot for recreational vehicles, as published in the Waterloo Courier on June 14, 1993, be received and placed on file. Ayes: Seven. Motion carried. 101416 - 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, stated that said property is excess right-of-way, which the applicant purchased from the State of Iowa for three mini -storage buildings. The site plan complies with the "H -C" Highway Corridor Overlay District and was recommended for approval by the Planning, Programming and Zoning Commission subject to the following conditions: 1) The use of the property is restricted to the mini -storage facility and outside storage lot and subject to a site plan amendment for future uses. 2) The proposed storage buildings will be located no closer than 50 feet from the highway right-of-way line. 3) If any portion of this property is sold, a 50 foot wide easement of access is required from Southtown Drive to the storage facility site. 4) In accordance with the requirements of Ordinance No. 3805, as amended, the "H -C" Highway Corridor Overlay District, the property will be landscaped as it is developed. 5) The open parking lot will be screened from U.S. Highway 20 by additional landscaping. In response to questions from Councilperson Lemke, Mr. Stevenson noted that access will be provided via a private access off Southtown Drive. On-site drainage will also be required. One objection has been received from G. P. Schoenfelder, President of Crossroads Center, Inc., because more landscaping is needed on-site and the area should not be developed. Moved by Dell, seconded by Buck that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and written and oral comments be received and placed on file. Ayes: Seven. Motion carried. 101417 - Moved by Budak, seconded by Lemke that "an Ordinance amending Ordinance No. 2479, as by adding Subsection No. 46 to Section 2A -7N Property", be received, placed on file, considered Ayes: Seven. Motion carried. 101418 - Moved by Buck, seconded by Dell amended, City Zoning Ordinance Conditional Rezoning Certain and passed for the first time. that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 101419 - Moved by Fox, seconded by Angel 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. June 28, 1993 Hearings - continued 101420 - Moved by Dell, seconded by Wright Page 2 that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 46 to Section 2A -7N Conditional Rezoning Certain Property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3951. UNFINISHED BUSINESS 101421 - Moved by Angel, seconded by Buck that communication from Associate Engineer transmitting recommendation of award of contract to Cedar Falls Construction Co., Inc. in the amount of $395,866.59 in conjunction with F.Y. 1993 Concrete Pavement Patching and Repair Program, Contract No. 438, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-398. 101422 - Councilperson Lemke noted that the actual cost to the City will be approximately $246,000 with the remaining portion paid with federal funds. Moved by Angel, seconded by Buck that communication from Transportation Program Manager transmitting recommendation of award of contract to Peterson Contractors, Inc. of Reinbeck, Iowa in the amount of $1,163,916.03 in conjunction with Shaulis Road Bridge, BRM -8155(2)--8N-07, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-399. 101423 - Councilperson Lemke noted that the actual cost to the City will be approximately $67,000 with the remaining portion paid with federal funds. Bob Stevenson, City Planner, stated that said bridge is scheduled for completion in the spring 1994. Moved by Angel, seconded by Buck that communication from Transportation Program Manager transmitting recommendation of award of contract to Peterson Contractors, Inc. of Reinbeck, Iowa in the amount of $318,547.08 in conjunction with Shaulis Road Bridge Over Prescotts Creek, BRM - 8155(1) --8N-07, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-400. PETITIONS FROM PUBLIC 101424 - Moved by Angel, seconded by Buck that communication from City Engineer transmitting request of Gina L. Wester for a concrete driveway to be located at 3841 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. 1993-401. REPORTS 101425 - In response to a question from Councilperson Lemke, Deb Collett, Executive Director of the Waterloo Housing Authority, noted that the Department of Housing and Urban Development is currently reviewing plans and specifications for the construction of ten new homes. Upon approval, bids will be requested and construction can begin. June 28, 1993 Reports - continued Moved by Angel, seconded by Buck Page 3 that the report of Waterloo Housing Authority Ridgeway Towers and Section 8 Waterloo Housing Authority Certificate Program for May 1993 be received and placed on file. Ayes: Seven. Motion carried. DOCUMENTS 101426 - Moved by Budak, seconded by Buck that communication from Assistant City Engineer transmitting Iowa Department of Transportation Application to Perform Work Within State Highway Right -of -Way to allow Days Inn Motel to provide one 6" drainage pipe from site water retention pond to Highway 380 drainage ditch on north end of property located at 2141 LaPorte Road, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-402. 101427 - Moved by Budak, seconded by Buck that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance from Cedar Falls Construction Co., Inc. of Cedar Falls, Iowa in the amount of $395,866.59 in conjunction with F.Y. 1993 Concrete Pavement Patching and Repair Program, Contract No. 438, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Acting Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-403. 101428 - Moved by Budak, seconded by Buck that communication from Associate Engineer transmitting Change Order No. 1 for a net increase of $62,160.00 for work to be performed by Aspro, Inc. & Subsidiaries in conjunction with F.Y. 1993 Asphalt Overlay Program, Contract No. 447, be received, placed on file and approved and Mayor and Acting Clerk authorized to execute same. Ayes: Seven. Motion carried. 101429 - Moved by Budak, seconded by Buck that communication from City Engineer transmitting Professional Service Agreement with RUST Environment and Infrastructure for F.Y. 1993 Biennial Bridge Review Program, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-404. 101430 - Moved by Budak, seconded by Buck that communication from City Planner transmitting construction easement allowing Waterloo Civic Foundation and its contractors and subcontractors ingress and egress in conjunction with site clearance and construction of the Young Arena, together with recommendation of approval, be received, placed on file and "Resolution approving said easement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-405. 101431 - Bob Stevenson, City Planner, stated that working in conjunction with the Parks and Recreation Departments, a conceptual design has been developed for water parks at Byrnes and Gates parks pools. Phase I of the project includes the purchase and installation of slides at each site with bids to be received on July 19, 1993. Upon receipt of the bids, the architect will provide the final design. Subsequently, bids will be let. Estimated cost of Phase I is $350,000. The concept plan includes additional future improvements, including a zero depth pool at each location and expanded grassy areas to include shaded areas and wooden decks. Work will begin this fall, with full operation expected next summer. June 28, 1993 Documents - continued Moved by Budak, seconded by Buck Page 4 that communication from City Planner transmitting master plan and schematic design of water park for Byrnes Park and Gates Park pools, be received, placed on file and approved. Ayes: Seven. Motion carried. 101432 - Moved by Budak, seconded by Buck that communication from City Planner transmitting proposed Architectural Design Contract with Thorson Brom Broshar Snyder, Architects for design services in conjunction with Water Slide/Water Park Project, together with recommendation of approval, be received, placed on file and "Resolution approving said contract", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-406. 101433 - Jim Rodemeyer, Personnel Director, reported that said addendum to the agreement for health services with Black Hawk County would fund an additional position that would specifically address the random dumping problem. This position would be paid for by garbage fees and was a part of the garbage fee increase adopted by the City Council (Ordinance No. 3950 adopted on June 21, 1993). Roy Dixon, Code Enforcement Officer, is scheduled to be laid off on July 1, 1993 due to cutbacks in the Planning and Development Division. Mr. Dixon will be transferred to the Black Hawk County Health Department and will serve in this capacity. John Meyer, Public Works Director, stated that funding for this position was part of the costs associated with the above noted garbage fee increase. The County currently has three individuals dedicated to City activities, including restaurant inspections, junk car violations, litter violations, etc. Councilperson Lemke noted that even though citations may be issued to violators, the magistrates must levy the fines. Councilperson Fox suggested that a quarterly report on the effectiveness of this individual in addressing the random dumping be provided. Moved by Budak, seconded by Buck that communication from Personnel Director transmitting an addendum to agreement with Black Hawk County Health Department, together with recommendation of approval, be received, placed on file and "Resolution approving said addendum", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-407. 101434 - In response to a question from Councilperson Angel, Jim Rodemeyer, Personnel Director, stated that this policy change is to address the provision of health insurance for part time retired and disabled employees. The City currently provides health insurance to full time employees, but when adopted the policy overlooked benefits for said part time employees. To provide consistency, this policy would provide pro -rated benefits to said individuals. Although not required by law, this would provide a consistent policy for all retired employees. Moved by Budak, seconded by Buck that communication from Personnel Director transmitting amendment to Health Insurance policy for retired and disabled employees, together with recommendation of approval, be received, placed on file and "Resolution approving said amendment", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-408. 101435 - Don Temeyer, Planning and Development Director, stated that a proposal to provide zoning administration and building inspection to the County due to the pending retirement of Ken Lind on July 1, 1993 was developed. Currently, the County contracts with the Iowa Northland Regional Council of Governments for said services in the amount of $41,500. This contract provides for a six-month cancellation clause and a 30 -day evaluation at the same cost as currently being provided by INRCOG. The Black Hawk County Board of Supervisors will be voting on said contract on Tuesday, June 29, 1993. Since the City will incur start-up costs, the contract also provides for billing on an hourly basis. June 28, 1993 Page 5 Documents - continued John Rooff, Chairperson of the Black Hawk County Board of Supervisors, stated that he was in favor of the six-month contract which will allow the City to perform during the construction season, after which time the agreement can be reviewed by both parties. Councilperson Lemke noted that the City has been very satisfied with functions that were formerly City operations transferred to the County and would similarly expect that the County would be satisfied with services provided by the City. Councilperson Fox noted that governmental agencies must continue to work in a cooperative method to provide services at a lower cost. This arrangement is a perfect opportunity to demonstrate a cost savings. It was noted that both the City of Waterloo and Black Hawk County enforce the Uniform Building Code. Moved by Buck, seconded by Fox that communication from Planning and Development Director transmitting 28E Agreement with Black Hawk County for zoning administration and building inspection, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Acting Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-409. RESOLUTIONS TO BE ADOPTED 101436 - Moved by Fox, seconded by Buck that "Resolution setting date of hearing as July 6, 1993 at 7:00 p.m. in the City Hall Council Chambers on sale and conveyance of property generally located at 41- 412 John Street to Constance M. McGovern for $22,000", be adopted and Acting Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-410. 101437 - Moved by Fox , seconded by Buck that "Resolution authorizing certification against certain real property unpaid state rental inspection fees from the Fire Department", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-411. 101438 - It was noted that the life safety inspection at the Byrnes Park Clubhouse has not been paid. Said facility is owned by the City of Waterloo but leased to an individual for golf operations. Fire Chief Stan Stapella noted that he would assume that this fee is the obligation of the lessee, although it will become a lien on City property if left unpaid. Chief Stapella noted that approximately $50,000 to $60,000 of life safety inspections are billed yearly with approximately $3,500 uncollected at this time. Moved by Fox, seconded by Buck that "Resolution authorizing certification against certain real property unpaid life safety business inspection fees from the Fire Department", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-412. 101439 - Michelle Temeyer, Acting City Clerk, presented details concerning the resolution directing action on the Fiscal Year 94 Budget, including various personnel adjustments, all future vacancies will be reviewed by the Human Resources Committee and final disposition by the City Council, the intent of the City Council to adopt an ordinance establishing a 5 percent cash reserve fund within five years, intent to set a date of hearing to reflect the budget adjustments as detailed in paragraph one of said resolution, the development of a monthly cash flow statement and management plan for Fiscal Year 94 and the Finance Committee's role in monitoring the future financial condition of the City and recommendation to the City Council to take appropriate action if necessary. Councilperson Budak stated that at the time of labor negotiations, the City committed to maintaining manpower at the Fire Department and, therefore, opposed the resolution's intent to not fill the existing fire vacancy. June 28, 1993 Resolutions to be Adopted - continued Moved by Budak, seconded by Wright Page 6 that the following amendment be offered to "Resolution directing action on the Fiscal Year 1994 Budget" to read that the fire vacancy be eliminated and funded with an amount of $14,000 from the cash reserve and another $14,000 from the health insurance fund. The following discussion was heard prior to a vote on the above amendment. Councilperson Budak urged that private funding be utilized to restore the $40,000 in the Library budget. Councilperson Buck noted that all of the projected cuts will cause serious reduction in service and none of them are easy. He noted that the Park Department has been especially hard hit, noting that the entire budget is in serious trouble. Not restoring the fire vacancy could result in a truck being taken out of service or possibly closing another fire station. Councilperson Budak noted that it is essential that the City booster its cash reserve, noting that the recent issuance of General Obligation Bonds and the rating by Moody's Investment Services pointed to the seriousness and need to increase the cash reserve. He also noted that health insurance premiums for Blue Cross Blue Shield have increased 9 percent over the budgeted amount. Councilperson Wright suggested that there have to be more alternatives to consider rather than the projected cuts as listed. She suggested that perhaps City employees could work a shorter work week. In response, Jim Rodemeyer, Personnel Director, stated that this would be a negotiable item with the bargaining units. This and similar proposals were discussed during negotiations but attempts were unsuccessful. Councilperson Dell questioned why the City was making cuts but we are increasing health insurance for disabled and part time employees (see CR 101434 earlier in the agenda). Mr. Rodemeyer noted that there is no increased costs for the next fiscal year concerning this change. This action will allow all retired employees of the City (full or part time) to be treated in a like manner in terms of receiving health insurance benefits. Councilperson Dell questioned whether the proposed 5 percent cash reserve in the General Fund takes into account the re-evaluation of property within the City. Bruce Meisinger, Budget Analyst, noted that the increase in valuation will be added to the tax rolls on January 1, 1995 effective for Fiscal Year 1996 budgets. The proposed ordinance will state that the increased valuation that is anticipated will be divided equally between increasing the City's cash reserve and lowering the tax rate. The City expects approximately one-half million dollars in additional revenue due to the increased valuations effective on that date. Councilperson Wright noted that at the time the City negotiated labor contracts with the fire fighters, her understanding was that the firemen were willing to take no increase in wages if they could be guaranteed that no jobs would be lost. Not filling the vacancy as noted would be contrary to this agreement. Councilperson Fox questioned whether the proposed contract with Black Hawk County for building administration and zoning services would address the $37,000 projected cut in the Planning and Development Division. Don Temeyer, Planning and Development Director, noted that the proposed revenue from the contract with Black Hawk County will utilize existing staff and it would be difficult to eliminate a person from the division and still provide the same service required by the contract. In response to a question from Councilperson Angel, it was noted that the elimination of the half-time Animal Control Officer will result in the City providing only 40 hours of service Monday through Friday. If that individual is on vacation or sick, no coverage will be afforded to the public. A vote was taken on the above amendment with the following results: Ayes: Three. Nays: Fox, Angel, Buck, Lemke. Resolution not adopted. 101440 - Moved by Buck, seconded by Angel that "Resolution directing action on FY 1994 Budget", be adopted. Councilpersons Fox and Angel disagreed with not filling the fire vacancy but did not agree with the sources of funding proposed by Councilperson Budak. Mayor Manning noted that the Recreation Center will deal with their deficiencies of approximately $90,000 by not hiring a Director, which was unbudgeted, and possible layoffs to cover the remaining deficit. June 28, 1993 Page 7 Resolutions to be Adopted - continued The above resolution was voted upon with the following result: Ayes: Six. Nays: Budak. Resolution adopted and upon approval by Mayor assigned No. 1993-413. ORDINANCES TO BE ADOPTED 101441 - Moved by Angel, seconded by Wright that "an Ordinance amending the 1991 Traffic Code by adding a new Subsection (52b) Court Avenue to Section 551, Parking Prohibited at all Times on Certain Streets (prohibiting parking on the west side of Court Avenue between Sycamore and Rath Streets)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 101442 - 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. 101443 - Moved by Fox, seconded by Dell 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. 101444 - Moved by Wright, seconded by Angel that "an Ordinance amending the 1991 Traffic Code by adding a new Subsection (52b) Court Avenue to Section 551, Parking Prohibited at all Times on Certain Streets (prohibiting parking on the west side of Court Avenue between Sycamore and Rath Streets)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3952. 101445 - Moved by Buck, seconded by Lemke that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, creating the Planning and Development Division (placing Community Development staff and the Waterloo Housing staff in the Planning and Development Division)", be received, placed on file, considered and passed for the first time. Prior to a vote on this ordinance, the following discussion was heard. Councilperson Angel questioned whether the Planning and Development Director would be solely responsible for discharge of a subordinate. Jim Walsh, City Attorney, stated that this power would need to be exercised within the framework of existing laws and personnel policies and could not be exercised arbitrarily. Mr. Rodemeyer noted that discharge of employees is always done in conjunction with the Personnel Department. An employee would have an opportunity to appeal the decision as allowed by law. Councilperson Dell stated that he envisioned the ordinance as reducing the number of persons reporting to the Mayor. The Mayor stated that this was not the intent of the ordinance but to allow better communication and coordination of activities between like departments. Councilperson Angel stated that she viewed the ordinance as an attempt to micro -manage the departments. Councilperson Fox questioned whether the titles of the department heads and division director would remain the same and whether this ordinance would actually appoint Don Temeyer as Planning and Development Director. Staff responded that this ordinance would not appoint anyone to new positions but would give structure to the existing division and add the Waterloo Housing Authority and Community Development to the division. Mr. Temeyer noted that all boards and commissions currently in existence would remain the same, and that the Community Development Board's authority and responsibility would then be established by ordinance rather than a resolution as is currently on file. June 28, 1993 Page 8 Ordinances to be Adopted - continued Councilperson Buck stated that the ordinance is an attempt to combine similar activities and better use personnel. He stressed that the Community Development Board would not lose power with the adoption of the ordinance. Councilperson Angel stated that she wanted assurance that the Board would function as it does now. Mr. Temeyer stated that Community Development receives federal monies that cannot be commingled with other funds, and that the Board will continue to be responsible for budgeting activities. He noted that the current division develops a cooperative budget sharing and utilizing staffs between departments. Councilperson Wright stated that she was not in favor of the proposed ordinance. Judy Carmack, representing Operation Threshold, stated that her previous experience with the Community Development Board has been very positive and that they have been very aggressive in addressing the affordable housing issue. She stated that adding the department to the Planning and Development Division would diminish the effectiveness of the Board. Jack Giest, representing the Community Development Board, stated that the Reorganization Committee's goals were first to save money and secondly to improve efficiency. He noted that there are no potential savings in administrative costs with the proposed reorganization and stated that the Board has functioned very well in its current form. He also cautioned that the combination could result in loss of effectiveness, and that there is nothing to gain from such a merger. Councilperson Buck questioned whether administrative costs for the program could be cut and utilized for programs such as housing rehab if the department was combined. It was noted that the Board currently pays for the salary of a Contract Compliance Officer even though this is probably a general fund expense. Said officer performs duties relating to general fund activities beyond the scope of the Board's usual activities. Councilperson Fox noted that the existing Boards within the Planning and Development Division are very efficient and some of the best Boards that the City has. He noted that he would expect the same if the Community Development Board is added to the division. Russ Lowe, a member of the Community Development Board, stated that the Board deals only in federal funds and suggested that the proposed ordinance not be adopted. Mayor Manning noted that if the Board was added to the division, the public most generally would not even be aware of the change. Sharon Juon, representing the Mayor's Reorganization Committee and the Task Force appointed to review the merger, stated that this opportunity would be an excellent example of cooperation, and that the activities of all the departments are very closely related and efficiencies could result with the combination. Wanda Abbe, 209 Franklin and representing the Franklin Neighborhood Association, urged that the Council not fix something that is not broken. Councilperson Angel noted that she has respect for the Community Development Board and would have the same respect whether or not the proposed reorganization is approved. Mayor Manning stated that the proposed merger would provide stability and continuity to the division's activities. Councilperson Dell noted that the Community Development Board is certainly not without its politics. He expressed concern that the division would become too large and urged that this reorganization not be compared with the Park & Recreation merger or the Administrative Services Division. They are not the same. Councilperson Budak noted that he did not see a lot of benefit to the proposed merger. An amendment was offered to the above motion which read as follows: Moved by Budak, seconded by Dell that "an Ordinance amending the 1988 Code of Ordinance of the City of Waterloo, Iowa, creating the Planning and Development Division (placing Community Development staff and the Waterloo Housing staff in the Planning and Development Division)", be received, placed on file, considered and passed for the first time, with the amendment that the Community Development Board be withdrawn from the division concept. Ayes: Four. Nays: Fox, Buck, Lemke. Motion carried. June 28, 1993 Page 9 Ordinances to be Adopted - continued 101446 - It was noted that the City Council serves as the Waterloo Housing Board of Directors Moved by Lemke, seconded by None that a proposed amendment to the Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, creating the Planning and Development Division (placing Community Development staff and the Waterloo Housing staff in the Planning and Development Division) that the City Council dissolve itself as the Waterloo Housing Authority Board of Directors. The motion died for lack of a second. 101447 - In response to a question from Councilperson Angel, City Attorney Jim Walsh stated that the proposed amendment would add a paragraph to the powers and duties of the Park Board stating that the Park Board could not enter into contracts for management and operation of golf facilities without prior approval by the City Council. Moved by Buck, 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 received, placed on file, considered and passed for the first time. Prior to a vote on this motion, the following discussion was heard. Councilperson Fox clarified that this ordinance is directed at the golf pro contracts. In response to a question from Councilperson Dell, the Mayor noted that it was important that the City look at all options when bidding said contracts, and that the City Council should have a voice in this process. Councilperson Fox stated that rather than addressing this single item, the entire reorganization plan should be addressed, and that the Park Board should not be blindsided. He was not in favor of this method of operation. City Attorney Walsh noted that an ordinance merging the Park and Recreation Departments is still being worked on by staff and addresses the larger concerns alluded to by Councilperson Fox. Councilperson Dell stated that the Council has been experiencing better relationships with the Park Board, and that they should be approached now on said contract provision. Councilperson Fox suggested that Councilperson Dell be used as a liaison with the Park Board to solve this issue. Councilperson Dell agreed. Dave Nagle, attorney representing the City's golf pros, stated that work has begun on a contractual agreement between the pros and the Park Board on operation of the shops. He viewed the ordinance as being contrary to the agreement they previously had with the Mayor and was disappointed by this action. Tom Penaluna, chairperson of the committee to develop contracts with the pros, asked that the Council reconsider passing this ordinance and let the committee do its job. The first meeting of the committee will be on Tuesday, July 6, 1993 at 9:00 a.m. to discuss the issues of the contract. A recommendation will be provided to the Park Board at its August meeting. He asked the Council for input concerning this issue. In response to a question from Councilperson Lemke, Mr. Penaluna noted that anyone who is interested in bidding the contracts will be heard by the committee. Moved by Buck, seconded by Budak that action on the proposed ordinance as discussed above be tabled indefinitely. Prior to a vote on this motion, the following discussion was heard. Councilperson Dell suggested that the contracts be multi-year, and that the pro shops and not the maintenance be bid out. He also asked that a bid sheet be provided to the Council. The Mayor noted that future meetings of the committee will be open to the public pursuant to the broaden scope of the Open Meetings Law which becomes effective July 1, 1993. A work session of the City Council will be scheduled on July 6, 1993 to further discuss the golf pro contracts. A voice vote was taken on the above motion with the following results: Ayes: Seven. Motion carried. June 28, 1993 BILLS PAYMENT Page 10 101448 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-61, in the amount of $2,071,855.52, dated June 28, 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. 1993-414. NEW BUSINESS 101449 - Moved by Angel, seconded by Buck that communication from Mayor Al Manning transmitting recommendation of reappointment of Jim Breckunitch and Cecil Crow to the Plumbing Code Committee and Examining Board, with term expiration date of March 1, 1995, be received, placed on file and approved. Ayes: Seven. Motion carried. 101450 - Moved by Angel, seconded by Buck that communication from Mayor Al Manning transmitting recommendation of appointment of James Glaza to the Human Rights Commission, with term expiration date of January 1, 1994, be received, placed on file and approved. Ayes: Seven. Motion carried. 101451 - Moved by Angel, seconded by Buck that communication from Mayor Al Manning transmitting recommendation of reappointment of Wayne Snyder, Billie Bailey and Larry Howard to the Design Review Board, with term expiration date of May 7, 1995, be received, placed on file and approved. Ayes: Seven. Motion carried. 101452 - Moved by Angel, seconded by Buck to instruct Architect to prepare plans, specifications, form of contract, etc. for water slides at Byrnes and Gates Park, be received, placed on file and approved. Ayes: Seven. Motion carried. 101453 - Moved by Angel, seconded by Buck that plans, specifications, form of contract, etc., for the water slides at Byrnes and Gates Park, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-415. 101454 - Moved by Angel, seconded by Buck that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as July 19, 1993, at 7:00 p.m. in the City Hall Council Chambers on the above project", be adopted and Acting Clerk instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-416. 101455 - Moved by Angel, seconded by Buck to instruct City Engineer to prepare plans, specifications, form of contract, etc. for the Partial Interior Renovation of the Former Waterloo East Side Library, be received, placed on file and approved. Ayes: Seven. Motion carried. 101456 - Moved by Angel, seconded by Buck that plans, specifications, form of contract, etc., for the Partial Interior Renovation of the former Waterloo East Side Library, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-417. June 28, 1993 Page 11 New Business - continued 101457 - Moved by Angel, seconded by Buck that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as July 19, 1993, at 7:00 p.m. in the City Hall Council Chambers on the above project", be adopted and Acting Clerk instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-418. Travel Requests 101458 - Moved by Angel, seconded by Buck that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Bernal F. Koehrsen, Jr., Police Chief, to attend Fourth Regional Police Chiefs' Conference in Omaha, Nebraska on September 9-11, 1993, with costs not to exceed $308.00. Ayes: Seven. Motion carried. MISCELLANEOUS 101459 - Moved by Angel, seconded by Buck that the following beer and liquor license permit application be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and application for fireworks display and applications for recycling yard be received, placed on file and approved: 1. Liquor License Permit Application Class E Hy -Vee, 1422 Flammang Drive (Renewal) (Expires 7/22/94) (Includes Sunday Sales) Application for Fireworks Display Sunnyside Country Club, 1600 Olympic Drive on July 4, 1993 Application for Recycling Yard Weissman Iron & Metal Inc., 1500 W. Airline Highway (Yard --1500 West Airline Highway) Stuber Enterprises, Inc., 275 Rampart (Yard --275 Rampart) Waterloo Auto Parts Inc., 1501 Grandview (Yard --1501 Grandview) U -Save Auto & Truck Parts, 720 River Forest Road (Yard --808 Dearborn) Ayes: Seven. Motion carried. 101460 - Moved by Budak, seconded by Wright that communication from Mayor Al Manning transmitting recommendation of appointment of Michelle Temeyer as Acting Clerk/Auditor, effective June 29, 1993, be received, placed on file and approved. Ayes: Seven. Motion carried. 101461 - Moved by Budak, seconded by Dell that communication from Mayor Al Manning transmitting recommendation of appointment of Mark Boesen as Community Development Administrator, effective June 29, 1993, be received, placed on file and approved. Prior to a vote on the above motion, the following discussion was heard. Mayor Manning reported that Mark Boesen has declined the position of Community Development Board Administrator at the salary of $39,612. Mr. Boesen has requested that he be moved to Range 65, Step 5 at a salary of $41,355. Councilperson Angel stated that she could not support a salary greater than that of Acting City Clerk Michelle Temeyer. Jim Rodemeyer, Personnel Director, stated that currently the City has no one in Range 65, Step 4, but stated that James Boyd, Human Rights Director's salary is $36,344, and that salaries of Gary Simmons, Superintendent of Water Pollution/Flood Control, and Terry Lorenzen, Airport Director, are $41,355, and both have served two years in those positions. June 28, 1993 Page 12 Miscellaneous - continued Councilperson Fox questioned whether this situation has arisen in the past and the action that was taken. Mayor Manning stated that to the recollection of City officials this has never happened. The Mayor noted that Mr. Boesen has offered a compromise that he be employed at Range 65, Step 4, at a salary of $39,612 and that within six months be raised to Step 5 ($41,355). It was noted that the Mayor and City Council set salaries for staff of the Community Development Board. Councilperson Angel questioned whether any other applicants on the list were willing to be appointed at the proposed salary. Mr. Rodemeyer noted that said individuals would need to be contacted for their interest. He also suggested that Mr. Boesen could be left in the acting capacity if he was unwilling to accept the salary. Russ Lowe, member of the Community Development Board, stated that the Board supported the salary of $41,355, and that Mr. Boesen has acted very ably for eight months in this position, also noting that he is a long-term City employee of 15 years. Mark Boesen, Acting Administrator of Community Development, stated that the salary of $41,355 was based upon the Board's recommendation, and that most probably the City would pay an individual from the outside much more than this salary. He also indicated that this increase accurately reflects the duties of the position and that the department has been running short staffed. Moved by Lemke, seconded by Fox that communication from Mayor Al Manning transmitting recommendation of appointment of Mark Boesen as Community Development Administrator, effective June 29, 1993, be tabled. Ayes: Seven. Motion carried. 101462 - Moved by Buck, seconded by Dell that communication from Personnel Director transmitting recommendation to establish Waterloo Housing Authority staff as part of Planning and Development Division, be received, placed on file and "Resolution establishing the Waterloo Housing Authority as a City Department effective July 1, 1993", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-419. BONDS 101463 - Moved by Wright, seconded by Angel that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through June 28, 1993, be received, placed on file and report and bonds approved. Ayes: Seven. Motion carried. ORAL PRESENTATIONS 101464 - Kathy Oberle, 1101 Western Avenue, spoke to the increased garbage fee recently adopted by the City Council (see Ordinance No. 3950 adopted June 21, 1993). She questioned where tags for additional bags could be purchased and also noted that the proposed container size of 35 gallons is not available. She also stated that the elderly in the community do not think they are getting a good deal and they are not satisfied with the minimum charge for one can and an additional per bag charge after said can. She urged that the Council consider privatization to hold down the cost. She also noted that a recent death in her family has heightened her awareness of the funeral escort services provided by the Police Department. She noted that her family did not have escort services, but stated that this put members of the funeral procession in a very dangerous position. She also was disappointed to see that the local option sales tax was charged on burial fees associated with this funeral. Councilperson Dell stated that he did not think it was fair for her to "rail" on the local option sales tax on such a delicate, personal matter. June 28, 1993 Page 13 Oral Presentations - continued In response to a request from the public, Eric Thorson, City Engineer, noted that the reconstruction of the intersection of Mitchell and Baltimore will eliminate the turn lanes at the intersection. Based on traffic counts at said location, said turn lanes are not warranted. He also noted that there was not enough right of way to construct the 12 foot turning lanes as is now required. The former turning lanes were 8 feet wide. Moved by Buck, seconded by Angel that the above oral comments be received, placed on file and the Council adjourn at 9:40 p.m. Ayes: Seven. Motion carried. Michelle Temeyer Acting City Clerk