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HomeMy WebLinkAbout 06/07/1993June 7, 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, June 7, 1993. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Lemke. Invocation by: Councilperson Josef Fox Pledge of Allegiance: Acting Clerk Michelle Temeyer 101257 - Moved by Buck, seconded by Angel that the Agenda, as proposed, for the Regular Session on Monday, June 7, 1993, at 7:00 p.m., and the Minutes of the Regular Session on Monday, May 24, 1993, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. HEARINGS AND BIDS 101258 - Moved by Budak, seconded by Lemke that proof of publication of notice of public hearing on plans, specifications, form of contract, etc. and taking of bids for the East Lake Trail, Contract No. 437, as published in the Waterloo Courier on May 28, 1993, be received and placed on file. Ayes: Seven. Motion carried. 101259 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Bob Stevenson, City Planner, noted that this 1.5 mile extension will connect the existing trail on U.S. Highway 218 to the Cedar Bend area. All easements have been obtained for said project, and funding includes $195,000 of REAP funding and $25,000 of General Obligation Bond funds. Moved by Buck, 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. 1993-326. 101260 - Moved by Angel, seconded by Wright that "Resolution ordering construction", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-327. 101261 - Moved by Fox, seconded by Dell to receive, file and instruct Clerk/Auditor to open and read bids and refer to City Engineer for review and recommendation (award of contract delayed): Bidder Bid Bond Bid Amount Petersen Contractors, Inc., of Reinbeck, Iowa 5% $265,082.00 Ayes: Seven. Motion carried. HEARINGS 101262 - Moved by Buck, seconded by Wright that proof of publication of notice of public hearing on de -annexation of Sherwood Park, as published in the Waterloo Courier on May 28, 1993, be received and placed on file. Ayes: Seven. Motion carried. 101263 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. June 7, 1993 Page 2 Hearings - continued Bob Stevenson, City Planner, reported that said item was referred to the Planning, Programming and Zoning Commission and was unanimously denied as it would adversely affect the City's Long Range Land Use Plan in the following ways: 1) A sanitary sewer interceptor is to be constructed in the project area, 2) The City's bike trail plan extends through the area, 3) The City's highway corridor zoning, which is designed to coordinate attractive development, would be disrupted through the area, 4) There are no County regulations on junk cars, 5) There are no County regulations on burning, and 6) The City has acquired property in the area in accordance with the Long Range Land Use Plan for making a future park and open space area. Hugh Field, attorney representing the residents of the area, questioned whether the reasons for the denial presented by the Planning, Programming and Zoning Commission represented affects to the City's Long Range Land Use Plan. He noted that should the City wish to construct a sanitary sewer interceptor, it is not necessary that the property lie within the corporate limits of the City. The same is true with future construction of the bike path. In reference to zoning, the area is currently zoned "R-2" One and Two Family Residential District and does not permit the construction of billboards. Should the area be rezoned, the City as an adjacent property owner could object to the rezoning as any other adjacent property owner. He also stated that although he personally felt strongly about the junk car issue, this item is not a relative component of the Long Range Land Use Plan. Mr. Field noted that the City of Cedar Falls and Black Hawk County do not have ordinances banning burning, and that again this is not an issue that is relevant to the Long Range Land Use Plan. It was noted that the Waterloo Water Works Board of Directors reviewed the water main extension to Sherwood Park and unanimously approved to inform the Mayor and Council that after investigation of the project costs and discussion with residents, the cost exceeds the residents' ability and willingness to pay an appropriate percentage of the cost; therefore, some kind of funding assistance with grants or low-interest loans would be needed to finance said project. Mark Boesen, Acting Community Development Board Administrator, stated that the area is not eligible for Block Grant assistance as it is not in a low-income census tract, and that construction of a water main within a flood plain area is inconsistent with federal law. Mr. Field noted that the issue of distributing liabilities and assets of the area would presume that the area would not only be given its share of the City's liabilities but also its fair share of the City's assets. He reminded the Council that this area has not received any significant City services except police and fire protection. At the time the area was annexed, the City promised that services would be expanded to the area, but this obligation has not been met. The central issue of the de -annexation continues to be the need for fresh and adequate water. Potential sources of funding for this improvement were discussed. Fred Saul, representing the Iowa Northland Regional Council of Governments (INRCOG), stated that more than likely grant assistance to the area would not be available and would not be an optimum way to solve the water problem. A grant for water in this area would have a low impact and low priority since it is in the flood plain area. He was not aware of any potential funding sources available for this project. Councilperson Dell stated that it is disheartening that the residents feel this action is necessary to obtain water, but added that he hoped that if the residents do de -annex, they are prepared to live with the results. He stated that he was willing to support the residents if that is what they truly wanted. Dave Kitter, 138 Greenwood Avenue agreed with Mr. Dell's comments. where assistance from the City is have not been good. With the Greenwood Avenue has deteriorated and President of the Neighborhood Association, He reported that there are several other issues needed, and in the past, dealings with the City construction of Relocated U.S. Highway 218, and that standing water has resulted. Councilperson Dell urged that the Council vote on the issue. June 7, 1993 Page 3 Hearings - continued Mr. Kitter continued that with the 1966 annexation of this area, the City of Waterloo promised that services would be provided. Councilperson Buck reminded Mr. Kitter that he, like all other residents of the community, initially pay for the construction of the road in front of their homes whether through an assessment program or through the purchase of their home. Councilperson Dell stated that the people of the area do not think they have received City services based upon the property taxes they have paid. Chief Stapella stated that the Fire Department has very adequately serviced the area since annexation. Water can be carried to the site as is done in other parts of the community or fire hose can be laid to draw water from the river. In either case, adequate protection can be provided. Moved by Dell, seconded by Angel that the hearing be closed and the recommendation of denial of the Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 101264 - Moved by Dell, seconded by Budak that "Resolution approving de -annexation of an area known as Sherwood Park", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-328. 101265 - Jim Walsh, City Attorney, stated that the Code of Iowa requires that the resolution approving the de -annexation also includes equitable distribution of assets and liabilities. He stated that the Council must clearly state this in its resolution. Moved by Angel, seconded by Dell that appropriate steps be taken by the City staff to provide the appropriate liabilities and assets for Council consideration, as described above. Ayes: Seven. Motion carried. 101266 - Moved by Buck, seconded by Dell that proof of publication of notice of public hearing on request of James Skarlis for a site plan amendment for a portion of "R -4,R -P" Planned Residential District property generally located at the northeast corner of San Marnan Drive and West Fourth Street to build two single story four-plex structures, as published in the Waterloo Courier on May 28, 1993, be received and placed on file. Ayes: Seven. Motion carried. 101267 - 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 Dell, seconded by Angel that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 101268 - Moved by Buck, seconded by Wright that the use of City right of way for the construction of a 4 foot landscape berm along the north side of San Marnan Drive to meet the requirements of the landscape ordinance be approved. Ayes: Seven. Motion carried. 101269 - Moved by Budak, seconded by Wright that "Resolution approving site plan amendment for a portion of "R -4,R -P" Planned Residential District property generally located at the northeast corner of San Marnan Drive and West Fourth Street", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-329. June 7, 1993 Hearings - continued 101270 - Moved by Buck, seconded by Fox Page 4 that proof of publication of notice of public hearing and notice to bidders for the Shaulis Road Bridge Over Prescotts Creek, BRM -8155(1)--8N-07, as published in the Waterloo Courier on May 28, 1993, be received and placed on file. Ayes: Seven. Motion carried. 101271 - 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 Buck, seconded by Fox that "Resolution authorizing to proceed with said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-330. 101272 - Moved by Budak, seconded by Angel that proof of publication of notice of public hearing and notice to bidders for Prescotts Creek at Shaulis Road and West Fourth Street, BRM -8155(2)--8N-07, as published in the Waterloo Courier on May 28, 1993, be received and placed on file. Ayes: Seven. Motion carried. 101273 - 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 Dell, seconded by Fox that "Resolution authorizing to proceed with said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-331. 101274 - Moved by Buck, seconded by Budak that proof of publication of notice of public hearing on request of Scott and Angela DeWolf to reduce the 30 foot platted building line to 22 feet on property generally located along the northerly side of 2516 Orchard Street, as published in the Waterloo Courier on May 25, 1993, be received and placed on file. Ayes: Seven. Motion carried. 101275 - 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 Buck, seconded by Wright 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. 101276 - Moved by Angel, seconded by Buck that "an Ordinance reducing the 30 foot platted building line to 22 feet on property generally located along the northerly side of 2516 Orchard Street", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 101277 - Moved by Dell, seconded by Budak that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 101278 - 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. June 7, 1993 Hearings - continued 101279 - Moved by Buck, seconded by Wright Page 5 that "an Ordinance reducing the 30 foot platted building line to 22 feet on property generally located along the northerly side of 2516 Orchard Street", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3945. 101280 - Moved by Dell, seconded by Wright that proof of publication of notice of public hearing on request of Richard S. Klingaman to rezone from "A-1" Agricultural District to "R -3,R -P" Planned Residence District property generally located between West Fourth Street and U.S. Highway 63, south of the Timberline Condominiums for development of residential and professional office uses, as published in the Waterloo Courier on May 25, 1993, be received and placed on file. Ayes: Seven. Motion carried. 101281- 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 Angel, seconded by Wright 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. 101282 - Moved by Fox, seconded by Buck that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 279 to Section 2A-5 Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 101283 - Moved by Buck, seconded by Lemke that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 101284 - Moved by Budak, 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. 101285 - Moved by Dell, seconded by Buck that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 279 to Section 2A-5 Rezoning Certain Property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3946. 101286 - Moved by Buck, seconded by Dell that proof of publication of notice of public hearing on request to amend Zoning Ordinance No. 2479, as amended, as it pertains to hard surface requirements for off-street parking lots, as published in the Waterloo Courier on May 25, 1993, be received and placed on file. Ayes: Seven. Motion carried. 101287 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Bob Stevenson, City Planner, stated that the proposed amendments reflect standard practice and have been reviewed with local contractors. The proposed ordinance states that all off-street parking areas, except for single and two-family residential uses, shall be at a minimum of 2 inches of asphaltic cement concrete on a 6 inch rock base or 5 inches of cement or other pavement design as approved by the City Engineer. The size of rock is not specified. June 7, 1993 Hearings - continued Moved by Buck, seconded by Wright Page 6 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. 101288 - Moved by Dell, seconded by Angel that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance as it pertains to hard surface requirements for off-street parking lots", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 101289 - Moved by Fox, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 101290 - Moved by Buck, seconded by Budak that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Seven. Motion carried. 101291 - Moved by Angel, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, as it pertains to hard surface requirements for off-street parking lots", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3947. 101292 - Moved by Buck, seconded by Angel that proof of publication of notice of public hearing on the issuance of $3,820,000 General Obligation Bonds for an Essential Corporate Purpose for funds to pay costs of refunding general obligation indebtedness of city, including bonds dated July 1, 1986, as published in the Waterloo Courier on May 28, 1993, be received and placed on file. Ayes: Seven. Motion carried. 101293 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Bruce Meisinger, Budget Analyst, noted that this hearing allows the refinancing of General Obligation Bonds sold in 1986 with an interest rate of 8.2 percent. Potential savings of the refunding could be as high as $265,000. This savings will reflect a lower debt service levy and will be approximately 2 cents per thousand dollars less for the remaining 10 years of the bond's life. Moved by Buck, seconded by Wright that the hearing be closed and oral comments be received and placed on file. Ayes: Seven. Motion carried. 101294 - Moved by Budak, seconded by Lemke that "Resolution instituting proceedings to take additional action for the issuance of not to exceed $3,820,000 General Obligation Bonds for the essential corporate purpose of paying costs of refunding general obligation indebtedness of the city including bonds dated July 1, 1986", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-332. 101295 - HEARING --This being the time and place of public hearing on the issuance of pool and billiard licenses for the Eastside Pool & Arcade, 1428 East Fourth Street, the Mayor called for written and oral objections and there were none. June 7, 1993 Page 7 Hearings - continued Roberta Gilbert, attorney representing Lindbergh Whitis, reiterated that the City Code of Ordinances governs the City's obligation, and that the Clerk/Auditor has non -discretionary power to issue the license. She asked that the City Council order the Clerk to issue the license as it could be a violation of the owner's civil and constitutional rights. Councilperson Budak questioned City Attorney Jim Walsh whether the Council would be acting within its jurisdiction to deny the license. Mr. Walsh reported that the Council does have discretion whether to issue said license. A temporary injunction has been granted; however, the court may decide differently although no evidence has been provided to the contrary. Mr. Walsh urged the Council to vote on the issue and await the results of court action. Chief Koehrsen supported the denial of the license since this action was precipitated by the initiation of a petition drive by residents of the area against issuance of same. Councilperson Dell stated that this issue could possibly be restricting private business and could have serious ramifications. He stated that the City should be very careful about restricting commerce although he was willing to go with the desires of the neighborhood. Chief Koehrsen stated that ordinarily the Department does not become involved in shutting down businesses but only does so when it has appropriate legal grounds to do so. Councilperson Lemke noted that no one who utilizes the pool hall are in attendance this evening to voice their concerns to keep the facility open. Councilperson Dell stated that he has had people contact him urging that the establishment remain open but felt that appearing before the Council could be detrimental. Councilperson Wright stated that she must represent the safety of her constituents. Moved by Buck, seconded by Angel that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 101296 - Moved by Budak, seconded by Buck that the pool and billiard license request of the Eastside Pool & Arcade, 1428 East Fourth Street, be denied. Ayes: Seven. Motion carried. UNFINISHED BUSINESS 101297 - Moved by Buck, seconded by Wright that communication from Assistant City Engineer transmitting recommendation of award of contract to Nielsen Building Systems Inc. of Racine, Wisconsin in the amount of $164,829.00 in conjunction with F.Y. 1993 Hazardous Material Training Tower, Contract No. 459, 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. 1993-333. PETITIONS FROM PUBLIC 101298 - Moved by Buck, seconded by Wright that communication from Acting City Clerk transmitting request of Gary L. Dusenberry, Park Ranger at George Wyth State Park, for a variance to the ban on burning of yard waste to burn approximately 5 acres of prairie grass in George Wyth State Park be received, placed on file and approved. Ayes: Seven. Motion carried. June 7, 1993 Petitions from Public - continued 101299 - Moved by Buck, seconded by Wright Page 8 that communication from City Planner transmitting request of Allen Memorial Hospital to vacate, sell and convey portions of street rights of way in Wainer Heights, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 21, 1993 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Acting Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-334. 101300 - Moved by Buck, seconded by Wright that communication from City Planner transmitting 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, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 28, 1993 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Acting Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-335. 101301 - Moved by Buck, seconded by Wright that communication from City Planner transmitting request of Richard Arenholz and Donald Bahl to sell and convey Disposal Parcels C and D generally located in the 600 block of Ansborough Avenue in conjunction with Ansborough Avenue Reconstruction, IX -6615(5)--79-07, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 21, 1993 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Acting Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-336. 101302 - Moved by Buck, seconded by Wright that communication from Assistant City Engineer transmitting request of Michael R. Fisher for a concrete driveway to be located at 340 Ivanhoe, 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. 1993-337. DOCUMENTS 101303 - 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 in the 800 block of Rainbow Drive for Henry Meinders to install a monitoring well 9 feet east of west property line and 18 feet north of the north edge of Rainbow Drive, 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. 1993-338. June 7, 1993 Documents - continued 101304 - Moved by Budak, seconded by Buck Page 9 that communication from Assistant City Engineer transmitting Iowa Department of Transportation Application to Perform Work Within State Highway Right of Way for Lockard Construction, Inc. to provide one 8" drainage pipe from site water retention pond to Highway 380 drainage ditch on north end of property located at 2213 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. 1993-339. 101305 - Moved by Budak, seconded by Buck that communication from Planning and Development Director transmitting lease agreement with the Waterloo Chamber of Commerce and the Waterloo Housing Authority for the period of July 1, 1993 through December 31, 1993, 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. 1993-340. 101306 - Moved by Budak, seconded by Buck that communication from City Planner transmitting an agreement with Wayne Claassen Engineering and Surveying, Inc. for engineering and CAD work in conjunction with Broadway and Donald Streets Traffic Signal Safety Fund Project, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and City Planner authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-341. 101307 - Moved by Budak, seconded by Buck that communication from Coordinator of Black Hawk County Emergency Management Agency transmitting request to terminate agreement for outdoor siren warning system preventive maintenance and repair be received, placed on file and approved. Ayes: Seven. Motion carried. 101308 - Moved by Budak, seconded by Buck that communication from Parks & Forestry Director transmitting lease agreement with Black Hawk County for Cloverdale Park, 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. 1993-342. RESOLUTIONS TO BE ADOPTED 101309 - Moved by Fox, seconded by Dell that "Resolution approving offer to buy agreement with the Iowa Department of Transportation for a portion of former U.S. Highway 63 right of way, now West 4th Street", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-343. 101310 - Moved by Fox, seconded by Dell that "Resolution approving offer to buy and acceptance contract for property generally located at 2534 West Ridgeway Avenue in the Leonard Katoski Greenbelt", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-344. June 7, 1993 Resolutions to be Adopted - continued 101311 - Moved by Fox, seconded by Dell Page 10 that "Resolution amending Resolution No. 1992-546, which established parking regulations in the Central Business District (changing parking in 700 block on the south side of Sycamore Street to 10 hour parking)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-345. 101312 - Moved by Fox, seconded by Dell that "Resolution authorizing certain personnel as enforcement agents for parking regulations of the 1991 Traffic Code", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-346. 101313 - Moved by Fox, seconded by Dell that "Resolution accepting and approving Quit Claim Deed from Black Hawk County for Lots 15 and 16, Block 74 in Riverview Addition", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-347. 101314 - Moved by Fox, seconded by Dell that "Resolution authorizing purchase of 18 lots in Riverview Addition from the Iowa Department of Transportation for $1.00 in accordance with the Long Range Land Use Plan", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-348. 101315 - Moved by Dell, seconded by Fox that "Resolution of Intent to create an Administrative Services Division of the City of Waterloo, Iowa", be adopted. Prior to a vote on the above motion, the following discussion was heard. Councilperson Buck stated that he had a problem with the proposed pay range for the Administrative Services Director and suggested striking Step 9. The Mayor commented that this was only a maximum figure, and that the individual could be placed anywhere within the range. Councilperson Wright stated that she had a problem either way and was not in favor of the creation of said division. She questioned how we could pay for said position. Councilperson Angel stated that we do not have adequate finances for said position. The Mayor commented that we are only replacing an individual and not creating a new one. Councilperson Angel urged that we appoint a City Clerk now. Jim Rodemeyer, Personnel Director, stated that the proposed job description for the position of Administrative Services Director is similar to one which was previously discussed and recommended by the Mayor's Reorganization Committee. The City Clerk would report to the Director of Administrative Services/Finance Director. It was noted that both deputies could apply for the position, and a decision would then have to be made as to whether that position would be refilled. The Mayor supported the elimination of one of the Deputy Clerk/Auditor positions if this should happen. Mr. Rodemeyer advocated that the Council, in order to be consistent with other positions, should have an open selection process for the position of City Clerk. City Attorney Jim Walsh opposed the inclusion of the City Attorney's office within said administrative division. He stated that there could be a possible conflict with other City departments when rendering legal opinions, and that the department should be independent of those it may be advising. He also reported that there would be no savings as there are no administrative costs within his office. He urged that the Council delete the City Attorney's office from said division. Mayor Manning stated that he supported Mr. Walsh's opinion. The Mayor noted that the resignation of Larry P. Burger, Clerk/Auditor, now allows an opportunity to implement the Mayor's Reorganization Committee's report. June 7, 1993 Resolutions to be Adopted - continued Page 11 Councilperson Angel stated that she favored the concept but that the City Clerk position should be filled first and then the office restructured. Councilperson Buck reported that the Council may be faced with the lay off of one of the deputies depending on the situation. Councilperson Wright stated that she would not give such authority to an individual and likened it to a City Manager position. Councilperson Dell supported the promotion of someone within the Clerk's office to the position. Mr. Rodemeyer reiterated the need for a Finance Director for the City, and that Michelle Temeyer was not given the financial responsibilities when the appointment to the Acting City Clerk was approved. He also asked that the Council be consistent in its process of hiring. Moved by Budak, seconded by Buck that action on the above resolution be tabled. Ayes: Budak. Nays: Six. Motion not carried. 101316 - Councilperson Buck stated that the Council has conducted numerous work sessions on the creation of said division, and that the creation of a division would allow individuals to work together to solve the City's problems. He urged that one of the Deputy Clerk positions be eliminated but commented that any action of the Council should not be more costly. The salaries of Mr. Burger and the Deputy Clerks were discussed. The Mayor noted that the Administrative Services Division job description has been expanded to include additional duties. Councilperson Angel stated that she did not want to lay off one of the individuals in the Clerk's office. Councilperson Fox suggested that the resolution of intent be amended to satisfy the differing opinions of Council Members. Questions were raised as to whether the structure of the office should first be considered or the whole division of Administrative Services. Moved by Fox, seconded by None that the proposed Resolution of Intent be amended to include only paragraphs one through five. The motion died due to a lack of a second. Ernie Boykin, P.O. Box 1801, Waterloo, Iowa, stated that the Council is sending the wrong message to the citizens and asked that the City keep in mind that it has laid off police and firemen. Councilperson Wright now absent at 9:05 p.m. Councilperson Fox now absent at 9:06 p.m. Councilperson Lemke stated that the Police and Fire Departments have not been put down, and that other departments have been robbed to continue to staff the Police and Fire Departments at their current levels. Councilperson Wright and Fox now present at 9:07 p.m. Mr. Boykin responded to Councilperson Lemke's comments that her purpose for coming here this evening was that it appears the Council is more interested in administrative positions than police and fire. Councilperson Dell urged the Council to vote on said resolution. Wayne Nathem, 548 Cloverdale Avenue, stated that since the Council could not agree on this action to go back and do their homework. He questioned why the Council would consider adding bureaucracy to city government and urged the Council to come up with cost savings prior to action. Councilperson Buck stated that the division concept would allow individuals to work between departments when necessary. A vote was taken on the original motion with the following result: Ayes: Three. Nays: Dell, Angel, Wright, Budak. Motion failed. A brief recess was taken at 9:19 p.m June 7, 1993 Resolutions to be Adopted - continued 101317 - Moved by Budak, seconded by Fox Page 12 that "Resolution endorsing proposed repairs to the Waterloo Library consisting of installing flashing around the windows and to replace the metal panels with a brick masonry wall and approving funding proposal", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-349. ORDINANCE TO BE ADOPTED 101318 - John Meyer, Public Works Director, stated that the proposed fee of $8.50 per month, plus $1 per bag to commence October 1, 1993 is one of three that the Council may wish to consider. Mr. Meyer stated that a grant for capital equipment has been submitted. Should the City receive said grant money, the City could then move forward on curbside recycling. The additional operational costs of curbside recycling is estimated to be $300,000, which is mostly additional labor costs. A monthly rate and additional fee per bag would be considered at that time based upon actual costs. Councilperson Dell questioned City Council Members whether or not they have received citizen feedback on the volume rate. Many Council Members stated that constituents are in favor of said rate structure. Councilperson Wright stated that the fee structure is too complicated, and that she could not vote for this item. She stated that we have promised the citizens that the fee on June 30, 1993 would revert back to the old fee. Mr. Meyer responded that if the City should revert back to the $7.90 fee schedule, we would need to cancel our existing contract with our recycler and possibly go to every other week garbage collection. Mayor Manning stated that he supported a volume based rate although he expressed apprehension that the recycling containers provided by the contractor may not support the recyclables citizens are bringing to the eight sites. He suggested that we wait on a volume based rate until curbside recycling was initiated. Moved by Dell, seconded by Budak that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection 16-8(a), Regarding Fees for Service, of Chapter 16, Garbage and Refuse; and by enacting in lieu thereof a new Subsection 16-8(a), Regarding Fees for Service, to Chapter 16, Garbage and Refuse (garbage fees)", be received, placed on file, considered and passed for the first time. Ayes: Six. Nays: Wright. Motion carried. BILLS PAYMENT 101319 - Moved by Angel, seconded by Lemke that "Resolution approving Schedule A918, pp. 1-56, in the amount of $1,463,481.39, dated June 7, 1993, copies of which are on file in the Clerk/Auditor's office", be adopted. Ayes: Six. Abstain: Fox. Resolution adopted and upon approval by Mayor assigned No. 1993-350. NEW BUSINESS 101320 - Moved by Fox, seconded by Buck that communication from City Planner transmitting request to vacate Cedar Street generally located between West Mullan Avenue and West First Street, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 14, 1993 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Acting Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-351. June 7, 1993 New Business - continued 101321 - Moved by Fox, seconded by Buck Page 13 that communication from City Planner transmitting site plan for the proposed ice facility to be known as Young Arena, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said site plan", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-352. 101322 - Moved by Fox, seconded by Buck that communication from Mayor Al Manning transmitting recommendation of appointment to the Contractors Board of Jim Cockhren, with term expiration date of May 24, 1994; Mark Gardner and Reed Hunemuller, with term expiration date of May 24, 1995; James Crandall and Dave Peters, with term expiration date of May 24, 1996; and Louis Cutwright, Jr. as ex -officio member and secretary, be received, placed on file and approved. Ayes: Seven. Motion carried. Travel Requests 101323 - Moved by Fox, seconded by Buck that the following travel requests, with expenses not to exceed amount shown, be received, placed on fie and approved: 1. W. D. Carter, Paramedic/Fire Fighter, to attend course at the National Fire Academy in Emmitsburg, Maryland on July 26 -August 6, 1993, with costs not to exceed $169.68. 2. Timothy J. Powers, Fire Fighter, to attend course at the National Fire Academy in Emmitsburg, Maryland on July 12-23, 1993, with costs not to exceed $169.68. 3. Eric Gunderson, Timothy Pillack, John Daws and Clifford Caughron, Sergeant and Police Officers, to attend 6th Annual National D.A.R.E. Conference in Las Vegas, Nevada on July 6-9, 1993, with costs not to exceed $1,320.00, with funds provided from the DARE Trust Fund and attendees will provide for airfare and a portion of lodging expenses. Ayes: Seven. Motion carried. MISCELLANEOUS 101324 - Moved by Fox, seconded by Buck 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 applications for dance license, theater license, fireworks display and variance to noise ordinance be received, placed on file and approved: 1. Beer License Permit Application Class C Kwik Trip, 324 Fletcher Avenue (Renewal) (Expires 7/22/94) (Includes Sunday Sales) P N P, 2100 Lafayette Street (New Owner) (Expires 6/8/94) (Includes Sunday Sales) 2. Beer License Permit Application Class E Warehouse Market, 4026 Alexandra (Renewal) (Expires 7/2/94) (Includes Sunday Sales) 3. Beer/Liquor License Permit Application Class C Maple Lanes Bowling Center, 2608 University (Renewal) (Expires 7/9/94) (Includes Sunday Sales) Steamboat Gardens, 1740 Falls Avenue (Renewal) (Expires 6/14/94) Knights of Columbus, 1955 Locke Avenue (Renewal) (Expires 7/1/94) (Includes Sunday Sales) Elks Club, 407 E. Park Avenue (Renewal) (Expires 7/1/94) (Includes Sunday Sales) June 7, 1993 Page 14 Miscellaneous - continued Application for Dance License Ranglers Inc., 3295 University Avenue The Winning Edge, 341 Fletcher Avenue Application for Theater License Crossroads Theatre, 2450 Crossroads Boulevard Application for Fireworks Display Cedar Falls Jaycees at Waterloo Airport on July 4, 1993 Application for Variance to Noise Ordinance Scott and Cheryl Mehmen, 3542 East Shaulis Road for June 5, 1993 for four hours starting at approximately 6:00 to 6:30 p.m. Ayes: Seven. Motion carried. BONDS 101325 - Moved by Angel, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through June 7, 1993, be received, placed on file and report and bonds approved. Ayes: Seven. Motion carried. ORAL PRESENTATIONS 101326 - Councilperson Dell announced that he would not run for another term of office in November 1993. Moved by Buck, seconded by Angel that the Council adjourn at 9:45 p.m. Ayes: Seven. Motion carried. Michelle Temeyer Acting City Clerk