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HomeMy WebLinkAbout12/12/94December 12, 1994 The Council of the City of Waterloo, Iowa, met in Regular Session in the City Hall Council Chambers, Waterloo, Iowa, at 7:00 p.m., on Monday, December 12, 1994. Mayor John R. Rooff in the Chair. Roll Call: Jordan, Collier, Krizek, Mollenhoff, Anders, Murphy, Collier. Christmas Caroling by Grant School children. Invocation by: Reverend Scott Harrison, Grace Baptist Church Pledge of Allegiance: Cub Scout Pack #106, Den #1 --Jason McKenna, Emanuel Martinez, Dustin Kasemeier, Adam Larsen, Fran Williams, Leader, and Webelo Den #8 --Aaron Van Hauen, Eric Semelroth, Jake Kirschman, Jordan Schmidt, Jason Kloberdanz and David Price, Leader. Recognition of Week: Dale Clark Prosthetics, Dennis Clark, President Presentation of "Thanks a Light" from Downtown Council. 103947 - Mollenhoff/Collier that the Agenda, as proposed, for the Regular Session on Monday, December 12, 1994, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. 103948 Jordan/Murphy that the Minutes, as proposed, for the Regular Session on Monday, December 5, 1994, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. HEARINGS AND BIDS 103949 - Jordan/Collier that proof of publication of notice of public hearing on specifications, form of contract, etc. and taking of bids for the F.Y. 1995 Snow Removal Winter of 1994 - 1995, as published in the Waterloo Courier on December 6, 1994, be received and placed on file. Ayes: Seven. Motion carried. 103950 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Anders/Murphy that the hearing be closed. Ayes: Seven. Motion carried. 103951 - Mollenhoff/Jordan that "Resolution confirming the approval of specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-589. 103952 - Murphy/Collier that "Resolution authorizing to proceed with said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-590. 103953 - Jordan/Collier to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Streets for review (see CR 103992 for award of contract): Bidder Peterson Contractors Inc., Reinbeck, IA Cedar Valley Corp., Waterloo, IA Ayes: Seven. Motion carried. HEARINGS 103954 - Murphy/Collier Bid Bond Bid Amount 5% $2,250.00 per hour 5% $2,096.00 per hour that proof of publication of notice of public hearing on request of Maralyn Fagan to rezone from "R-3" Multiple Family Residence District to "C -Z" Conditional Zoning District property generally located at 1516 Franklin Street to convert existing residence to a beauty shop, as published in the Waterloo Courier on November 29, 1994, be received and placed on file. Ayes: Seven. Motion carried. 103955 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Maralyn Fagan, 1146 Ackermant, informed the council that she has an understanding of the requirements of the Building and Zoning Departments for her rezoning and requested their support in providing her an opportunity to become productive and successful in this endeavor. December 12, 1994 Page 2 Hearings - continued Mollenhoff/Collier that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 103956 - Jordan/Collier that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 61 to Section 2A -7N Conditional Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 103957 - Mollenhoff/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 103958 - Collier/Jordan 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. 103959 - Collier/Anders that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 61 to Section 2A -7N Conditional Rezoning Certain Property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4059. 103960 - Krizek/Jordan that proof of publication of notice of public hearing on request of Wayne Claassen Engineering & Surveying, Inc. on behalf of Home Depot USA, Inc. to vacate the 10 foot east -west utility easement generally located on the site of the proposed Home Depot Store east of Hammond Avenue, between Southtown Drive and U.S. Highway 20, as published in the Waterloo Courier on November 28, 1994, be received and placed on file. Ayes: Seven. Motion carried. 103961 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Mollenhoff/Collier 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. 103962 - Jordan/Collier that "an Ordinance vacating the 10 foot east -west utility easement generally located east of Hammond Avenue, between Southtown Drive and U.S. Highway 20", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 103963 - Mollenhoff/Murphy that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 103964 - Krizek/Collier 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. 103965 - Murphy/Jordan that "an Ordinance vacating the 10 foot east -west utility easement generally located east of Hammond Avenue, between Southtown Drive and U.S. Highway 20", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4060. December 12, 1994 DOCUMENTS 103966 - Mollenhoff/Anders Page 3 that communication from Police Chief transmitting 28E Agreement with Iowa Citizens for Community Improvement, Village Initiative/Family & Children's Council of Black Hawk County and the SAFE Coalition of Waterloo for a crime prevention grant with the Governor's Alliance on Substance Abuse, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Chief Koehrsen reported that the 28E agreement will be exercised in writing a grant for GASA funds in the amount of $5,000.00 with $1,667.00 matching funds provided through the Youth Initiative program funding. This grant will be used by the Village Initiative for crime prevention programs. Following discussion, a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-591. 103967 - Jordan/Collier that communication from City Planner transmitting Completion of Project and Recommendation of Acceptance of Work performed by Peterson Contractors in conjunction with Windows on Waterloo, Phase I, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-592. 103968 - Getty/Mollenhoff that communication from City Planner transmitting Completion of Project and Recommendation of Acceptance of Work performed by Platts, Inc. in conjunction with Windows on Waterloo, Phase II, be received, placed on file and "Resolution approving said document", be adopted.. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-593. 103969 - Murphy/Collier that communication from City Planner transmitting an agreement with John Deere Waterloo Works for use of parking lots by patrons of the Young Arena, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-594. RESOLUTIONS TO BE ADOPTED 103970 - Anders/Getty that "Resolution approving acquisition contract payment in the amount of $55,000.00, with estimated relocation costs of $22,463.00, and accepting the deed for Parcel No. 38 (Clifford & Donna Hansen) in conjunction with Sherwood Park Voluntary Acquisition, Phase II", be adopted. Ayes: One. Nays: Jordan, Collier, Krizek, Mollenhoff, Anders, Murphy. Motion not carried. After a vote on the measure, Mayor Rooff requested that a work session be scheduled to discuss the materials that were passed out prior to the meeting. Councilperson Getty stated that he was under the impression that there was support for completion of Phases I and II and was puzzled by the vote. Councilperson Anders indicated that the vote seemed to be a delaying tactic by the council which was unfair to the residents of Sherwood Park. Mayor Rooff reminded the council of the need to communicate any concerns about the measure before it is brought to a vote. As a member of the prevailing side, Councilperson Anders requested the item be placed on the December 19th agenda for discussion. 103971 - Jordan/Collier that "Resolution authorizing and approving execution and recording of Declaration of Trust for Public Housing Modernization Project No. IA05P0509064 for Comprehensive Improvements Assistance Program (CIAP) funds in the amount of $142,100 to replace kitchen cabinets and exterior siding at Ridgeway Towers", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-595. 103972 - Krizek/Mollenhoff that "Resolution establishing combined utility service account with Waterloo Water Works and authorizing discontinuation of utility services for delinquencies in the City of Waterloo", be adopted. December 12, 1994 Page 4 Resolutions to be Adopted - continued Prior to a vote on the above motion, the following discussion was heard. Councilperson Getty questioned the legality of this issue. Jim Walsh, City Attorney, informed the council that the State legislature passed law implementing new section number 384.84(2) allowing shutoff of all services for any delinquency on a combined service utility account. This will result in tenants being solely responsible for past due accounts after the Water Works has adopted the appropriate policy. Don Voss, 210 Parkade, Cedar Falls came to the council in support of this change. A property he sold in 1993 carried a sewer assessment from a prior tenant to the new owners. Mr. Voss suggested that a monthly billing cycle would also aid this effort. Cindy Blow, 219 Allen St, is representing the Landlords Association of Black Hawk County who support this change. The landlords are pleased to see the policy receive formal action by the council. Following discussion a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-596. 103973 - Krizek/Collier that "Resolution canceling Waterloo City Council meeting scheduled for the week of December 26, 1994", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-597. 103974 - Mollenhoff/Jordan that "Resolution authorizing the issuance and sale of $230,000 Health Care Facility Bonds, Series 1994 Northeast Council on Substance Abuse (NECSA) Project", be adopted. Prior to a vote on the above motion, Councilperson Mollenhoff informed the public that these bonds are not General Obligation Bonds of the City's and the taxpayers will not be taxed for the issuance. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-598. ORDINANCES TO BE ADOPTED 103975 - Mollenhoff/Jordan that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 62 to Section 2A -7N Conditional Rezoning Certain Property (request of Daniel Fencl to rezone from "R-2" One and Two Family Residence District to "C -Z" Conditional Zoning District property generally located at 1209 Dundee Avenue to convert existing house into a professional office)", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 103976 - Krizek/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 103977 - Collier/Krizek that the following ordinance be recorded as having been considered and passed for the third time and now placed on its final adoption. Ayes: Seven. Motion carried. 103978 - Jordan/Collier that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 62 to Section 2A -7N Conditional Rezoning Certain Property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4061. 103979 - Mollenhoff/Jordan that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by adding Section 30-16.1, Cross Connection Control -Container Provisions, to Chapter 30, Plumbing", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following comments were heard. Louis Cutwright, Building Official, identified the need to amend the plumbing ordinance to coincide with a State Law which states that sewer water and potable water may not be crossed. The cross connection must have a backflow prevention feature. December 12, 1994 Page 5 Ordinances to be Adopted - continued Following discussion, a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. 103980 - Jordan/Collier that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 103981 - Collier/Krizek 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. 103982 - Mollenhoff/Jordan that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by adding Section 30-16.1, Cross Connection Control -Container Provisions, to Chapter 30, Plumbing", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4062. 103983 - Getty/Collier that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by repealing Chapter 20, Human Relations, and enacting in lieu thereof a new Chapter 20, Human Rights Commission", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 103984 - Collier/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. City Attorney Jim Walsh cautioned the council against suspending the rules for the passage of the Human Rights Ordinance. The changes being voted on are broad in scope and he would recommend that the required three readings span a three week period to allow for proper review and input. Upon recommendation of counsel Councilpersons Jordan and Getty withdraw the motion and its second. 103985 - Krizek/Jordan that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (240) Marsh Street, of Section 551, Parking Prohibited at All Times on Certain Streets, and enacting in lieu thereof a new Subsection (240) Marsh Street of Section 551, Parking Prohibited at All Times on Certain Streets (removal of no parking signs in the 100 and 200 blocks of Marsh Street)", be received, placed on file, considered and passed for the first time. Ayes: Five. Nays: Krizek, Mollenhoff. Motion carried. Councilperson Anders requested that staff report on the success of snow removal in the proposed area. Street Superintendent Dick Grimm stated that West Side Supervisor James Knavel went to Marsh Street and measured the gap between vehicles parked on both sides of the street to verify clearance. The clearance between the cars was six feet. Street Supervisor James Knavel reported that crews were unable to plow the area the first time and were recalled after some vehicles had been moved from the roadside. These problems have occurred in other areas in town such as Peoria Street. Mr. Knavel urged the council to leave the signs as they are so that street and sanitation crews can provide service to the residents during the winter. Councilperson Krizek reminded the council that the majority of the residents are elderly and have trouble walking the distance to a car parked across the road. Councilperson Jordan suggested that parking be prohibited during snow removal to alleviate the problem. Mike Mrzlak, Traffic Operations Superintendent, agreed that this option could be done if parking was prohibited during the months of December to March. James Knavel reminded the council that a street sweeper would not get down the street during the summer months with six feet of clearance. Councilperson Krizek restated that there are many narrow streets and the focus should not be on just Marsh Street but establishing a policy that can be passed for all streets needing clearance. A ban on parking for 48 hours after snowfall was placed on the table for discussion. Staff recounted that this solution would not help the department deliver services for street sweeping, garbage pickup or snow removal. December 12, 1994 Page 6 Ordinances to be Adopted - continued Robert Sieglaff, 914 West Third Street, informed the council that Third Street also has this problem, and he suggested the City adopt a policy like Cedar Rapids which alternates parking to the even side of the street on even days and odd side on odd days of each month. He further explained that violators could be towed to a storage lot under the Interstate 380 overpass and charges for towing and storage be assessed. Councilperson Jordan requested that staff investigate odd/even parking for this location. Dick Grimm, Street Superintendent, felt that this policy had been tried in the past and was found to be unsuccessful. Councilperson Collier made the motion and it was seconded by Getty to table this item for one week and refer it to the Public Works Committee for further review and recommendation. BILLS PAYMENT 103986 - Krizek that "Resolution approving Schedule A918, pp. 1-53, dated December 12, 1994, in the amount of $1,540,702.53, a copy of which is on file in the City Clerk's office", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-599. NEW BUSINESS 103987 - Jordan/Mollenhoff that communication from Superintendent of Traffic Operations transmitting recommendation to install street lights at the intersection of Rachael Street and South Hill Drive; Olympic Drive and Pheasant Lane; Brookeridge Road and Pheasant Lane; San Marnan Drive and Pheasant Lane, be received, placed on file and "Resolution approving installation of said lights", be adopted and City Clerk instructed to notify Midwest Power of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-600. 103988 - Murphy/Collier that communication from City Planner transmitting plan to expand the Tax Increment Financing (TIF) District for the Waterloo Airport and adjacent to the existing Tax Increment area, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as January 9, 1995 at 7:00 p.m. in the City Hall Council Chambers on the above described plan", be adopted and City Clerk instructed to publish notice of same. Councilperson Krizek asked staff to report on the proposed time limit for the Tax Increment District. Don Temeyer, City Planner, reported that the current TIF District was established for a ten-year period but the council can rescind these limits at any time. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-601. Travel Requests 103989 - Jordan/Collier that the following travel request, with expenses not to exceed amount received, placed on file and approved: 1. Francis Jacoby, Labor/Waterloo Recreation, to pick up supplies from Company in Galesburg, Illinois on December 14, 1994, with costs not $120.00, including the use of city vehicle. Ayes: Seven. MISCELLANEOUS 103990 - Krizek/Jordan Motion carried. shown, be the Naeir to exceed that the following beer and liquor license permit applications be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and application for fireworks display and applications for license for recycling yard be deferred to December 19, 1994: 1. Beer License Permit Application Class B Waterloo Recreation Center (Young Arena), West 1st & Commercial (Transfer) (Expires 9/6/95) (Includes Sunday Sales) 2. Beer License Permit Application Class C Bishops Corner, 700 Bishop (Renewal) (Expires 12/22/95) (Includes Sunday Salgs.) Big 10 Mart, 127 Jefferson (Renewal) (Expires 1/13/96) (Includes Sunday Sales) December 12, 1994 Miscellaneous - continued 3. Beer/Liquor License Permit Application Class C Village Lounge, 709 Jefferson (Renewal) (Expires 12/20/95) (Includes Sunday Sales) Jim's Place, 1408 Commercial (Renewal) (Expires 12/3/95) 4. Beer/Wine License Permit Application Class E Super Fair Foods, 3731 University (Renewal) (Expires 1/22/96) (Includes Sunday Sales) Page 7 Application for Fireworks Display Waterloo Recreation & Arts Center --December 28, 1994 at Young Arena Application for license for Recycling Yard Pierce Used Cars, 1500 Commercial Chase Auto Parts Co., Inc., 1041 Sheffield Avenue Chase Auto Parts Co., Inc., 1117 Sheffield Avenue Pat's Auto Salvage, 951 Lowell Avenue Weissman Iron & Metal Inc., 1500 W. Airline Hwy. Ayes: Seven. Motion carried. BONDS 103991 - Getty/Murphy that the report of the City Attorney and list of bonds filed with the City Clerk through December 12, 1994, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. 103992 - Jordan/Collier that "Resolution authorizing award of contract to Cedar Valley Corp. of Waterloo, Iowa, in the amount of $2,096.00 per hour for the F.Y. 1995 Snow Removal Winter of 1994 - 1995", be adopted (see CR 103953 for bid opening). Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-602. ORAL PRESENTATIONS 103993 - Bruce Kaesser, 1730 Easton Ave, reported that numerous traffic signals with left turn arrows did not have the arrow working properly. Mike Mrzlak, Traffic Operations Superintendent, explained that the arrows are set to solid green if less than five vehicles are attempting to turn. The exact location of the problem was reported at Ansborough and Ridgeway and staff will investigate to see if the light was operating properly. Ed Winstead, 701 McCoy Rd, Elk Run Heights, came before the council representing Immanuel Southern Baptist Church on Sager Avenue. The members of the church are concerned with parking on Tiffany Place which causes difficulty in getting vehicles through this road during snowy weather. There was an instance last year where vehicles were unable to get out of the lot. Paula Floyd, 1012 Second Avenue, Evansdale, concurred with Mr. Winstead. She works at the Newell Post and recently MET buses were unable to get through due to the snow and parked vehicles. James Knavel, West Side Street Supervisor, confirmed that the department received a call from Mr. Winstead regarding Sager. City plows were unable to get trucks through the first time to plow or sand the area. Councilperson Getty stated that on Wednesday he went to the Street Department and answered phones calls for a period of time. He was shocked and displeased with the amount of abuse and profanity that employees are subjected to by the public. Getty asked that citizens calling to air complaints refrain from using profanity with secretaries who answer the calls. Councilperson Getty reported on a second issue which upset him this week referring to the Waterloo Courier report on the City audit. The title of the audit was a disappointment because of the negative slant given to the article by Courier editors. Murphy/Collier that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 103994 - Jordan/Collier that the Council adjourn at 8:38 p.m. Ayes: Seven. Motion carried. Susan Fangman City Clerk