HomeMy WebLinkAbout05/24/93May 24, 1993
The Council of the City of Waterloo, Iowa met in Executive Session at City Hall Council
Chambers, Waterloo, Iowa, at 6:30 p.m., on Monday, May 24, 1993. Mayor Albert C. Manning,
Jr., in the Chair. Roll Call: Dell, Fox, Angel, Budak, Lemke. Absent: Buck, Wright.
City Attorney Jim Walsh stated that litigation is an approved topic of Executive Session
as authorized by Iowa Code Section 20.16.
101216 - Moved by Dell, seconded by Budak
that the Council adjourn to Executive Session. Ayes: Five. Absent: Buck,
Wright. Motion carried.
EXECUTIVE SESSION
101217 - Moved by Lemke, seconded by Budak
that the Council adjourn the Executive Session. Motion carried.
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, May 24, 1993. Mayor Albert C. Manning,
Jr., in the Chair. Roll Call: Dell, Fox, Angel, Lemke. Absent: Buck, Wright, Budak.
Invocation by: Mayor Al Manning
Pledge of Allegiance: Junior Girl Scout Troop 189 --Kathy Krumm, Andrea Forry, Megan Graham,
Alison Lubbert, Steffanie Shirley, Amy Scoles, Erica Schauf, Cassandra Meier, Kayle Wente,
Casy Cory, Heather Leighton, Holly Zimmerman, Chanel Cook, Nikki Wilson.
Roberta Roberts, attorney representing Lindbergh Whitis regarding the pool and billiards
license for the East Fourth Street Pool Hall, 1428 East Fourth Street, asked that the agenda
be amended to delete the issuance of a pool and billiard license for the East Fourth Street
Pool Hall. She stated that this is an administrative function and that the City Clerk was
without authority in denying the issuance of a license upon presentation of an application
and appropriate payment. She stated that the Mayor and City Council have no authority or
role with respect to the issuance of said licenses.
Chief Koehrsen stated that as a matter of community safety, the City Council should take
action to abate this problem. He urged the Council to proceed with setting a date of
hearing on the issuance of same.
101218 - Moved by Lemke, seconded by Angel
that the Agenda, as amended, for the Regular Session on Monday, May 24, 1993, at
7:00 p.m., and the Minutes of the Regular Session on Monday, May 17, 1993 at 7:00
p.m., be accepted and approved. Motion carried.
Mayor Manning read a proclamation declaring May 27, 1993 as National Day of
Commitment to the Elimination of Racism and presented it to Melvina Scott, a
member of the YWCA Board of Directors.
ADJOURNED HEARING
101219 - Mayor Manning stated that now was the time for the adjourned hearing of September
8, 1992 (see CR 99910 of September 8, 1992) on the request of Arthur D. and Jane
C. Mulnix to sell and convey property generally located at the northwesterly
corner of West Ninth street and vacated Bluff Street for $900.00 and asked for
written and oral objections and there were none.
Bob Stevenson, City Planner, stated that said request to convey property was
delayed since this location had been considered as a possible location for the ice
facility. Since a location has been designated in an area bounded by West First
Street, West Mullan Avenue, and Commercial Street, this area is no longer being
considered for the site.
Moved by Dell, seconded by Lemke
that the hearing be closed. Motion carried.
May 24, 1993
Adjourned Hearing - continued
101220 - Moved by Angel, seconded by Dell
Page 2
that "Resolution authorizing sale and conveyance of property generally located at
the northwesterly corner of West Ninth Street and vacated Bluff Street for $900
to Arthur D. and Jane C. Mulnix", be adopted and City Attorney instructed to
prepare and deliver a deed accordingly. Ayes: Four. Absent: Buck, Wright,
Budak.
Resolution adopted and upon approval by Mayor assigned No. 1993-301.
HEARINGS
101221 - Moved by Angel, seconded by Dell
that proof of publication of notice of public hearing on proposed amendments to
FY 1993 Budget, as published in the Waterloo Courier on May 18, 1993, be received
and placed on file. Motion carried.
101222 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections.
Bruce Meisinger, Budget Analyst, stated that the purpose of the hearing was to
adjust actual revenues and expenditures in each of the four budget program areas
in the current year budget. The property tax levy cannot be increased to
accommodate an increase in expenditures. Each of the revenue amendments was
detailed, including other city taxes (local option sales tax and hotel/motel sales
tax proceeds), intergovernmental (Interstate Substitution Projects), miscellaneous
(Deere's share of the Westfield Avenue project, recreation fees, and Police
Department grants), and other financing sources (interfund transfer).
Expenditures requiring amendment include Community Protection, Human Development,
Community Environment, Policy and Administration and Transfers Out.
Spreadsheets indicating the proposed revenues and expenditures for each of the
city departments were reviewed. Councilperson Fox noted that several departments
have over expended their budgets and questioned this pattern of spending. It was
noted that the General Fund balance for the year ending June 30, 1993 is projected
to be approximately $204,000 which is down from the cash balance of $732,000 for
the beginning of the fiscal year. It was noted that $250,000 of the cash balance
was appropriated for Fiscal Year 93 operations.
It was noted that the Recreation Commission budget has been over expended. Tom
Reardon, Acting Director of the Recreation Commission, noted that the department
has sustained several unexpected expenditures, including extensive repairs at
McElroy Auditorium for repair of the ice equipment and the vacation and sick leave
payout for retiring Director Dean Myhr and Jim Oberle.
Moved by Fox, seconded by Angel
that the hearing be closed and written and oral comments be received and placed
on file. Motion carried.
101223 - Moved by Dell, seconded by Fox
that "Resolution approving amendments to FY 1993 Budget", be adopted. Ayes:
Four. Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1993-302.
PETITIONS FROM PUBLIC
101224 - Moved by Dell, seconded by Angel
that communication from City Engineer transmitting request of Robert W. Stewart
for a concrete driveway to be located at 527 Kirkwood Avenue, together with
recommendation of approval, be received, placed on file and "Resolution approving
said request", be adopted. Ayes: Four. Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1993-303.
May 24, 1993
Petitions from Public - continued
101225 - Moved by Dell, seconded by Angel
Page 3
that communication from City Engineer transmitting request of William F. Leibold
for a concrete driveway to be located at 1201 Forest Avenue, together with
recommendation of approval, be received, placed on file and "Resolution approving
said request", be adopted. Ayes: Four. Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1993-304.
101226 - Moved by Dell, seconded by Angel
that communication from Associate Engineer transmitting signage request from
Harper Vision Center, 1409 West 4th Street, to temporarily place signs on city
right of way along the southwest corner of West Fifth Street and Bayard Street,
northeast corner of Bayard Street, and northbound alley between West 4th and West
5th Streets in conjunction with Sixth Street Extension Project, Contract No. 413,
together with recommendation of approval, be received, placed on file and
"Resolution approving said request", be adopted. Ayes: Four. Absent: Buck,
Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1993-305.
101227 - Hugh Field, attorney representing residents of Sherwood Park, asked that the
recommendation of the Waterloo Water Works Board of Trustees be included in the
proceedings and be made available to the Council prior to the hearing scheduled
on June 7, 1993.
Moved by Dell, seconded by Angel
that communication from City Planner transmitting de -annexation request of
Sherwood Park residents, together with recommendation of denial of the Planning,
Programming and Zoning Commission, be received, placed on file and "Resolution
setting date of hearing as June 7, 1993, at 7:00 p.m. in the City Hall Council
Chambers on the above described request", be adopted and Deputy Clerk/Auditor
instructed to publish notice of hearing of same. Ayes: Four. Absent: Buck,
Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1993-306.
101228 - Moved by Dell, seconded by Angel
that the request of Park Radio of Iowa, Inc., dba KWLO for an Indemnity Agreement
to temporarily erect an elevated scaffolding on the sidewalk adjoining the Five
Sullivan Brothers Convention Center on the corner of West Fourth and Commercial
Street to be used as a broadcasting point in conjunction with Fourth Street Cruise
on May 28 and 29, 1993, be received, placed on file and "Resolution approving said
request", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute
same. Ayes: Four. Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1993-307.
101229 - Moved by Dell, seconded by Angel
that communication from City Planner transmitting request of James Skarlis for a
site plan amendment for a portion of "R -4,R -P" Planned Residential District
property generally located on the northeast corner of San Marnan Drive and West
Fourth Street to build two single story four-plex structures, 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 7, 1993
at 7:00 p.m. in the City Hall Council Chambers on the above described request",
be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing of
same. Ayes: Four. Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1993-308.
May 24, 1993
REPORTS
101230 - Moved by
that the
Waterloo
on file.
Page 4
Dell, seconded by Angel
report from Waterloo Housing Authority Ridgeway Towers and Section 8
Housing Authority Certificate Program --April 1993 be received and placed
Motion carried.
DOCUMENTS
101231 - Moved by Angel, seconded by Dell
that communication from City Planner transmitting the F.Y. 1994-1998 Capital
Improvements Program be received, placed on file and "Resolution approving said
Capital Improvements Program", be adopted. Ayes: Four. Absent: Buck, Wright,
Budak.
Resolution adopted and upon approval by Mayor assigned No. 1993-309.
101232 - Moved by Angel, seconded by Dell
that communication from Associate Engineer transmitting Change Order No. 12 for
a net increase of $41,302.30 for work to be performed by Cedar Valley Corporation
in conjunction with the Sixth Street Extension Project - West, IX -6604(3)--79-07,
Contract No. 413, be received, placed on file and approved and Mayor and Deputy
Clerk/Auditor authorized to execute same. Motion carried.
101233 - Moved by Angel, seconded by Dell
that communication from Executive Director of Waterloo Redevelopment Authority
transmitting transfer of contractual obligations to the Waterloo Redevelopment
Authority previously performed by Thomas Gallaher d/b/a Ninth Square Management
Company in conjunction with revitalization of downtown Waterloo, be received and
placed on file. Motion carried.
101234 - Moved by Angel, seconded by Dell
that communication from Personnel Director transmitting recommendation
accepting bid from Covenant Medical Center for Employee Assistance Program
received, placed on file and "Resolution approving said award of contract",
adopted. Ayes: Four. Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1993-310.
on
be
be
101235 - Moved by Angel, seconded by Dell
that communication from Personnel Director transmitting city-wide disciplinary
policy be received, placed on file and "Resolution approving said policy", be
adopted. Ayes: Four. Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1993-311.
101236 - Moved by Angel, seconded by Dell
that an Indemnity Agreement with Carl Schuler Masonry Construction, 2130
Commercial Street, to store bricks on Sycamore Street between East Fifth and East
Sixth Streets in conjunction with construction of Black Hawk County Jail be
received, placed on file and "Resolution approving said agreement, subject to
receipt of certificate of insurance naming City as an additional insured", be
adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes:
Four. Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1993-312.
May 24, 1993
Page 5
RESOLUTIONS TO BE ADOPTED
101237 - Moved by Fox, seconded by Lemke
that "Resolution setting date of hearing as June 7, 1993 on 7:00 p.m. in the City
Hall Council Chambers on plans, specifications, form of contract, etc. and taking
of bids in conjunction with Prescotts Creek at Shaulis Road and West Fourth
Street, BRM -8155(2)--8N-07", be adopted and Deputy Clerk/Auditor instructed to
publish notice of same. Ayes: Four. Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1993-313.
101238 - Moved by Fox, seconded by Lemke
that "Resolution setting date of hearing as June 7, 1993 at 7:00 p.m. in the City
Hall Council Chambers on plans, specifications, form of contract, etc. and taking
of bids in conjunction with Shaulis Road Bridge over Prescotts Creek, BRM -8155(1)-
-8N-07", be adopted and Deputy Clerk/Auditor instructed to publish notice of same.
Ayes: Four. Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1993-314.
101239 - Moved by Fox, seconded by Lemke
that "Resolution approving the acquisition contract and accepting the deed for
Parcel No. 4 (George and Catherine Cooley) in conjunction with Relocated U.S.
Highway 218 Traffic Signals, IX -218-7(96)--3P-07", be adopted. Ayes: Four.
Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1993-315.
101240 - Moved by Fox, seconded by Lemke
that "Resolution fixing date of meeting as June 7, 1993 at 7:00 p.m. in the City
Hall Council Chambers on the proposition of the issuance of Refunding Bonds not
to exceed $3,820,000 General Obligation Bonds for an essential corporate purpose",
be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes:
Four. Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1993-316.
101241 - Moved by Fox, seconded by Lemke
that "Resolution transferring from the Capital Project Funds the sum of $15,107.64
to the Planning and Development Agency (Planning, Programming & Zoning) of the
General Fund", be adopted. Ayes: Four. Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1993-317.
101242 - Moved by Fox, seconded by Lemke
that "Resolution transferring from the Capital Project Funds the sum of $13,072.00
to the Planning and Development Agency (Transportation Department) of the General
Fund", be adopted. Ayes: Four. Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1993-318.
101243 - Moved by Fox, seconded by Lemke
that "Resolution establishing a Contractors Board in the City of Waterloo", be
adopted. Ayes: Four. Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1993-319.
101244 - Moved by Fox, seconded by Lemke
that "Resolution approving and accepting Quit Claim Deed from Black Hawk County
for fourteen properties generally located within Block Seventy-four of Riverview
Addition", be adopted. Ayes: Four. Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1993-320.
May 24, 1993
BILLS PAYMENT
101245 - Moved by Angel, seconded by Lemke
Page 6
that "Resolution approving Schedule A918, pp. 1-52, in the amount of
$1,239,458.96, dated May 24, 1993, with deletion of payment of Warrant Voucher No.
75745 to Councilperson Joe Fox in the amount of $225.00, copies of which are on
file in the Clerk/Auditor's office", be adopted and the following Finance agenda
items be received, placed on file and approved:
1. Communication from Deputy Clerk/Auditor transmitting Annual equipment
maintenance agreement with Teleconnect Systems Company.
2. Communication from Insurance Coordinator transmitting request for authorization
to solicit bids for life insurance policies.
Ayes: Four. Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1993-321.
NEW BUSINESS
101246 - Moved by Fox, seconded by Angel
to instruct City Engineer to prepare plans, specifications, form of contract, etc.
for F.Y. 1993 Concrete Pavement Patching and Repair Program, Contract No. 438, be
received, placed on file and approved. Motion carried.
101247 - Moved by Fox, seconded by Angel
that plans, specifications, form of contract, etc., for the F.Y. 1993 Concrete
Pavement Patching and Repair Program, Contract No. 438, be received, placed on
file and "Resolution preliminarily approving the same", be adopted. Ayes: Four.
Absent: Buck, Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1993-322.
101248 - Moved by Fox, seconded by Angel
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc., and taking of bids as June 14, 1993, at 7:00 p.m. in the City Hall
Council Chambers on the above project", be adopted and Deputy Clerk/Auditor
instructed to publish notice of hearing accordingly. Ayes: Four. Absent: Buck,
Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1993-323.
101249 - Moved by Fox, seconded by Angel
to instruct City Planner to prepare plans, specifications, form of contract, etc.
for East Lake Trail Facility, Contract No. 437, be received, placed on file and
approved. Motion carried.
101250 - Moved by Fox, seconded by Angel
that plans, specifications, form of contract, etc., for the East Lake Trail
Facility, Contract No. 437, be received, placed on file and "Resolution
preliminarily approving the same", be adopted. Ayes: Four. Absent: Buck,
Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1993-324.
101251 - Moved by Fox, seconded by Angel
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc., and taking of bids as June 7, 1993, at 7:00 p.m. in the City Hall
Council Chambers on the above project", be adopted and Deputy Clerk/Auditor
instructed to publish notice of hearing accordingly. Ayes: Four. Absent: Buck,
Wright, Budak.
Resolution adopted and upon approval by Mayor assigned No. 1993-325.
May 24, 1993
Travel Request
101252 - Moved by Fox, seconded by Angel
that the following travel request, with expenses not to exceed amount shown, be
received, placed on file and approved:
1. Cheryl Huddleston, Personnel Analyst, to attend Meeting the OSHA Challenge
Seminar in Waterloo, Iowa on June 9-11, 1993, with costs not to exceed $250.00.
Page 7
Motion carried.
MISCELLANEOUS
101253 - In response to a question from Councilperson Dell, City Attorney James Walsh
stated that if no action was taken on Item No. 32 of the agenda, the item would
die. Mr. Walsh noted that the City Code of Ordinances does allow for the
revocation of a pool and billiard license as set out in the Waterloo Code of
Ordinances Section 23-30.
Police Chief Koehrsen provided an historical prospective on said location noting
that the courts had ruled that a beer and liquor license could not be granted for
said location. The Chief supported Mrs. Joy Lowe's request and petition asking
that the premise be closed due to the significant safety problem it poses.
City Attorney Jim Walsh recommended that if the Council wished to deny the request
for a pool and billiard license that a date of hearing be set notifying the owner
that the Council intends to deny the license.
Moved by Dell, seconded by Angel
that the Council set a date of hearing as June 7, 1993 at 7:00 p.m. in the City
Hall Council Chambers on its intent to deny the pool and billiard license for the
Eastside Pool and Arcade, 1428 East Fourth Street.
Joy Lowe, 130 Webster Street, reported active drug trafficking in the area of the
pool hall. She asked that the Council deny the request as is being requested by
residents of the area.
Richard Gleason, 420 Oaklawn Avenue, stated that as a landlord in the area, the
property values have been decreased with the continual decline of the neighborhood
due to drug activity.
Barb Saffold, 121 Webster Street, noted that she runs a day care center at her
residence and fears for the safety of her children. She also commented that this
activity lowers property values in the area.
Roberta Roberts, representing the Eastside Pool & Arcade, 428 East Fourth Street,
noted that the City Council has no jurisdiction in the matter per City Code of
Ordinances. The City Council must follow its own rules and require that the City
Clerk either approve or deny the application as is required by Code.
Ernie Boykin stated that the Council has a primary responsibility to citizens in
the community, and that such an activity does not belong in the residential
community.
A resident on Sumner Street questioned where kids are to go for recreational
activities. The Mayor responded that he and a Task Force are working on this
issue to provide alternative recreational opportunities for youth in the area.
Councilperson Dell suggested that parents need to provide the stabilizing factor
in children's life, and that parents have the responsibility to provide solutions
to these problems. Joy Lowe commented that it is everyone's responsibility to
nurture the youth of our community.
Ernie Boykin urged the Council to encourage business in the area that is not
detrimental to the residential character of the neighborhood.
Willie Simpson, 135 Webster Street, noted that he had raised ten children at his
home on Webster Street without the negative influences of the neighborhood. He
asked that the Council consider closing the establishment in question.
May 24, 1993 Page 8
Miscellaneous - continued
In response to a matter of clarification, City Attorney Walsh stated that the
Police Department could not close down the business without a court injunction.
The establishment would be subject to a $100 per day fine if it continued to
operate and an injunction order had been issued.
A vote was taken on the above motion with the following results: Ayes: Dell,
Fox, Angel, Lemke. Absent: Buck, Wright, Budak. Motion carried.
101254 - Moved by Fox, seconded by Angel
that the following beer and liquor licenses permit applications be received,
placed on file and approved and endorsed applications forwarded to the Iowa Beer
and Liquor Control Department and applications for roller rink, theater license,
pool and outdoor service area, be received, placed on file and approved:
1. Beer License Permit Application
Class B
Ramada Hotel, 214 Washington (Renewal) (Expires 6/6/94) (Includes Sunday Sales)
Country Kitchen, 3030 Marnie Avenue (New Owner) (Expires 5/24/94) (Includes
Sunday Sales)
2. Beer License Permit Application
Class C
Intercity Sound, 239 Sumner Street (New) (Expires 5/26/94) (Includes Sunday
Sales)
3. Beer/Liquor License Permit Application
Class A
El Mecca Shrine Club, 716 Commercial Street (Renewal) (Expires 5/21/94)
(Includes Sunday Sales)
Application for Roller Rink
Skates LTD, 1101 Black Hawk Road
Application for Theater License
Danish Book World II, 1507 LaPorte Road
Application for Outdoor Service Area
Press Box Lounge, 501 West 4th Street --May 29-30, 1993
Motion carried.
BONDS
101255 - Moved by Dell, seconded by Angel
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through May 24, 1993, be received, placed on file and report and
bonds approved. Motion carried.
ORAL PRESENTATIONS
101256 - James Robison, 1555 Newell Street, stated that the matter discussed this evening
concerning the Eastside Pool and Arcade was similar to the situation of Goodies
Lounge II, 115 Sumner Street. He questioned what the difference was between the
two establishments and alluded to previous conversations he has had with the City
Council concerning his mother's home adjacent to Goodies.
City Attorney Walsh noted that should the Council wish to take action, a procedure
to revoke the license of same is set out in State Code.
Mr. Robison noted there are options and answers to this problem.
Richard Knief, Waterloo Police Officer, noted that officers would be willing to
make a presentation to the City Council on why Goodies should be closed based upon
recent arrests at the establishment.
Councilperson Angel asked that the Chief provide information to the Council
concerning the status of Goodies Lounge II.
May 24, 1993 Page 9
Oral Presentations - continued
Ernie Boykin urged that the Council strive to create a wholesome environment for
the east side of Waterloo, and that the river will soon no longer divide crime in
the community.
Ms. Boykin reported several pot holes on Maple Street and the deplorable condition
of streets in the area. It was noted that the East Sixth Street Corridor project
will allow the reconstruction of several streets in the area. She questioned why
city staff had not responded to several pot hole complaints she had aired to the
Council several weeks ago.
Richard Gleason thanked the Sewer Department for their prompt action at 69
Lafayette Street. He also thanked the Police Department for their personal
interaction on a recent 911 emergency call. He also asked that the City consider
establishing a temporary disposal area for residents to dispose of large items and
junk.
Moved by Dell, seconded by Angel
that the above oral comments be received, placed on file and the Council adjourn
at 9:10 p.m. Motion carried.
Michelle Temeyer
Deputy Clerk/Auditor