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HomeMy WebLinkAbout11/28/94November 28, 1994 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, November 28, 1994. Mayor John R. Rooff in the Chair. Roll Call: Jordan, Collier, Krizek, Mollenhoff, Anders, Murphy, Getty. Invocation by: Reverend Thomas Wegener, Faith Lutheran Church MO Synod Pledge of Allegiance: Troop #635--Ahyrte Ablese, Onystse Agebse, Cortney Buls, Brittany Davis, Mistie Grimm, Phylicia Proctor, Jennifer Van Dorn, Korine Warren, Jamia White Recognition of Week: Adams Grocery, Marc Adams, President 103873 - Anders/Mollenhoff that the Agenda, at 7:00 p.m., be 103874 - Jordan/Collier that the Minutes, at 7:00 p.m., be HEARINGS 103875 - Mollenhoff/Getty as amended, for the Regular Session on Monday, November 28, 1994, accepted and approved. Ayes: Seven. Motion carried. as proposed, for the Regular Session on Monday, November 21, 1994, accepted and approved. Ayes: Seven. Motion carried. that proof of publication of notice of public hearing on the request of Donald Lloyd Thaxton to sell and convey former Resolution Trust Corporation property locally known as 105 St. Albans for $15,000.00, subject to financing, as published in the Waterloo Courier on November 22, 1994, be received and placed on file. Ayes: Seven. Motion carried. 103876 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Krizek/Murphy that the hearing be closed. Ayes: Seven. Motion carried. 103877 - Murphy/Collier that "Resolution authorizing sale and conveyance of property locally known as 105 St. Albans to Donald Lloyd Thaxton for $15,000.00, subject to financing", be adopted and City Attorney instructed to prepare deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-566. 103878 - Mollenhoff/Krizek that proof of publication of notice of public hearing on request of Eleanor L. Van Brocklin to sell and convey former Resolution Trust Corporation property locally known as 207 Park Road for $12,000.00, subject to financing, be received and placed on file. Ayes: Seven. Motion carried. 103879 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Jordan/Collier that the hearing be closed. Ayes: Seven. Motion carried. 103880 - Collier/Anders that "Resolution authorizing sale and conveyance of property locally known as 207 Park Road to Eleanor L. Van Brocklin for $12,000.00, subject to financing", be adopted and City Attorney instructed to prepare a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-567. UNFINISHED BUSINESS 103881 - Anders/Getty that communication from City Planner transmitting request to solicit bids from licensed appraisers for Sherwood Park Voluntary Acquisition, Phase III, be received, placed on file and "Resolution approving said request", be adopted. Prior to a vote on the above motion, the following discussion was heard. Councilperson Jordan recommended denial of the request to solicit bids for Phase III of the Sherwood Park acquisitions. The current Phase I and II figures demonstrate a possibility of going over budget if all offers are accepted. Councilperson Jordan expressed his belief that no tax dollars should be committed until a long range plan for the area is presented in written form. The council has not approved any tax dollars for use, but the FEMA money already received will not allow for the purchase of the Phase III appraisals if Phase I and II are completed. The FEMA money may be better used in another project which would be in compliance with the requirements attached to it. November 28, 1994 Page 2 Unfinished Business - continued Councilperson Mollenhoff supported Councilperson Jordan's request and feels the issue has been an albatross to the council. The initial proposal presented that only FEMA money would be used in the purchase and tax dollars would not be necessary. Councilperson Mollenhoff opposes the need to get additional appraisals at this time. Councilperson Anders expressed his understanding of the reservations of his fellow councilmembers but the problems can be attributed to the lack of communication between Community Development and the council. The residents in Sherwood have been placed on an emotional rollercoaster by the process and feel that the rug is being pulled out from under them each time the council addresses this issue. The Federal money is available now and property owners are asking for buyout. This project needs to progress to enable the money to be expended in the allotted timeline. Councilperson Mollenhoff countered that the project should not proceed without a plan by Community Development, which should have been done over a year ago before beginning the purchase of properties. Councilperson Murphy reminded that council that the residents in Sherwood are well aware that only FEMA funding is available for the buyout and that this City has not committed any other tax dollars for buyouts. He supported the need to follow through on the commitments already made. Councilperson Jordan stated that by his calculations if all appraisals for Phase I and II are currently accepted then the project will be over budget. The council needs to stop further action until Phases I and II are completed. Mayor Rooff stated that the City is committed to Phase I and II but suggested that the Community Development delay the appraisals for Phase III until it is confirmed that funds will be available. Rich Earles, Assistant Community Development Director, stated that additional funds may become available for use. The request for appraisals was to minimize the two month lag time between getting appraisals and the acceptance and closing on offers. The City timeline does extend through September for the expenditure of FEMA funds. Councilperson Murphy inquired whether the delay of several months will jeopardize the ability to expend funds. Mayor Rooff requested that Community Development prepare a written plan for the Sherwood Park acquisition along with a timeline for the completion of Phase I and II, implementation and completion of Phase III and finally identification of demolition costs and short range and long range use plans. An estimate for tax dollars needed to support the remaining properties with fire, police, street and garbage services was also requested. Following discussion, a vote was taken on the above motion with the following result. Ayes: Two. Nays: Jordan, Collier, Krizek, Mollenhoff, Murphy. Motion not carried. 103882 - Mollenhoff/Jordan that Community Development be instructed to prepare a plan related to the acquisition of the Sherwood properties, as requested, and provide said plan at the December 12, 1994 council meeting. Ayes: Seven. Motion carried. 103883 - Collier/Jordan that the request of residents in the 100 and 200 blocks of Marsh Street to remove No Parking This Side of Street signs installed earlier this year (request denied at 11/21/94 meeting) be brought back before the council for reconsideration. Ayes: Seven. Motion carried. 103884 - Collier/Jordan that request of residents in the 100 and 200 blocks of Marsh Street to remove No Parking This Side of Street signs installed earlier this year, be received, placed on file and approved and City Attorney instructed to prepare ordinance. Ayes: Six. Nays: Anders. Motion carried. PETITIONS FROM PUBLIC 103885 - Mollenhoff/Collier that communication from City Planner transmitting request of Maralyn Fagan to rezone from "R-3" Multiple Family Residence District to "C -Z" Conditional Zoning property generally located at 1516 Franklin Street to convert existing residence to a beauty shop, together with recommendation of approval of Planning, Programming & Zoning Commission, be received, placed on file and "Resolution setting date of hearing as December 12, 1994 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-568. REPORTS 103886 - Don Temeyer, City Planner, informed the council that the proposed Flood Plain Management Administrative procedures have not been changed but that this is a formalization of the written policy. FEMA cited the City after the 1994 flood for failure to have wrigten administrative procedures for inspection of buildings and areas in a flood November 28, 1994 Reports - continued Jordan/Collier Page 3 that communication from City Planner transmitting proposed Flood Plain Management Administrative Procedures, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said procedures", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-569. DOCUMENTS 103887 - Mollenhoff/Murphy that communication from Assistant City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Johnson Brothers Corporation of Litchfield, Minnesota in conjunction with F.Y. 1992 Intercity Interceptor, Stage IX, Contract No. 432, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-570. 103888 - Getty/Jordan that communication from Assistant City Engineer transmitting Maintenance Bond from Johnson Brothers Corporation of Litchfield, Minnesota in conjunction with F.Y. 1992 Intercity Interceptor, Stage IX, Contract No. 432, be received and placed on file. Ayes: Seven. Motion carried. 103889 - Krizek/Mollenhoff that communication from Associate City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Jim Sands Construction of Cedar Falls, Iowa in conjunction with F.Y. 1995 Sidewalk Repair Assessment Program - Zone 6, Contract No. 470, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-571. 103890 - Mollenhoff/Murphy that communication from Associate Engineer transmitting Maintenance Bond from Jim Sands Construction of Cedar Falls, Iowa in conjunction with F.Y. 1995 Sidewalk Repair Assessment Program - Zone 6, Contract No. 470, be received and placed on file. Ayes: Seven. Motion carried. 103891 - Murphy/Jordan that communication from City Engineer transmitting 28E Agreement with Black Hawk County and Hawkeye Community College for Hess Road Paving from East Orange Road to East Shaulis Road, 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. 1994-572. 103892 - Getty/Murphy that communication from Administrative Director transmitting recommendation of Public Works Committee to combine Phase 1 and Phase 2 (to become expanded Phase I) of the original Stream Study and Alternative Water Pollution Control Facilities evaluation for the Satellite Treatment Facility, be received, placed on file and approved. Prior to a vote on the above motion, the following discussion was heard. Councilperson Anders requested clarification of the plans for expanded Phase I with regard to the equalization basin that had been in Phase I and alternate G. Alternate G provided for the processing of domestic waste in conjunction with the expansion of the industrial satellite project. Bob Bamsey, with RUST, explained that this project includes the industrial satellite plant, flow equalization and piping connection but does not address the equalization basin. Mollenhoff/Anders that the issue be tabled until December 5, 1994 to allow for further discussion regarding the plans. Ayes: Seven. Motion carried. 103893 - Mollenhoff/Jordan that communication from Police Chief transmitting request to apply for Governor's Alliance on Substance Abuse funding in the amount of $12,000.00, with the City's match of $4,000.00 for use by the Tri -County Drug Task Force, be received, placed on file and "Resolution approving said application", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-573. November 28, 1994 ORDINANCES TO BE ADOPTED 103894 - Mollenhoff/Jordan Page 4 that "an Ordinance repealing Section 21, Master Plumber's Bond, of the Plumbing Ordinance; and enacting in lieu thereof a new Section 21, Master Plumber's Certificate of Insurance, of the Plumbing Ordinance", be received, placed on file, considered and pass for the first time. Prior to a vote on the above motion, the following discussion was heard. Rich Kurtenbach, 1641 Gilbert Dr, inquired into the additional cost of providing a certificate of insurance rather than the contractor's bond. As a licensed electrical contractor he is required to bear the cost of the license to make it available for outside contractors to come into the area and operate under a master electrician's license. The current ordinance doesn't allow for a license to be placed in suspension and updated when needed but requires renewal every January 1st. Mr. Kurtenbach requests that the current policies and procedures be reviewed to allow for suspension of the license without the need to retest after an intermittent lapse. Louis Cutwright, Building Official, confirmed that all licenses must be renewed on January 1st and the certificates of insurance will be required at that time. If the license is lapsed the contractor is required to retest. Norvin Gillespie, 417 Wellington, as a retired electrical contractor, he had maintained his contractor's license to allow him to work on rental properties that he owns. He has checked with his insurance agent and found that the liability insurance is estimated to cost three hundred fifty dollars per year. This is more than the thirty to fifty dollars that was quoted. James Walsh, City Attorney, explained that the thirty to fifty dollar fee was for adding the City as an additional insured and providing a certificate of insurance rather than the cost of the insurance itself. Mr. Gillespie raised concerns about the cost of the insurance for those residents wanting to work on property that they own but do not reside in. Louis Cutwright, Building Official, responded that the current ordinance requires a bond to be purchased for each permit, but a certificate of insurance would be needed in lieu of the bond. The City staff is continuing to work on whether the same certificates will be required of all contractors or whether separate procedures will be in place for homeowners and owners of rental property. Mr. Gillespie opposed this change and is concerned with the costs imposed on young contractors starting out in the business. Forest Dillavou, 1725 Huntington Rd, requested that the council address the problem of working on property you own before passing the ordinance in full. He requested that administrative procedures be placed in writing before the next reading of the ordinance. Louis Cutwright, Building Official, explained that the ordinances under discussion were specific to master plumbers, electricians and heating and air conditioning contractors. The needed revisions apply to the general contractor ordinance and staff will come back next week with alternatives to address this concern. Rich Kurtenbach, 1641 Gilbert Dr, stated that this new requirement for the certificate of insurance substantially increases the cost to contractors. James Walsh, City Attorney, responded that in the previous method the bond protected the City of Waterloo, and the new change will provide protection to the City and the customer by requiring contractor's to carry liability insurance. There is a collateral benefit to all by requiring the certificate of insurance. Councilperson Mollenhoff informed Mr. Kurtenbach that he is holding his license as a convenience to his union and should be considered as a choice to allow for opportunity. Mr. Kurtenbach responded that the current procedures hinder union contractors from moving into the area unless a master contractor is available to work as a licensed employee. Louis Cutwright, Building Official, rebutted that the City has reciprocal agreements with other cities and will accept a contractor licensed in another city. Krizek/Mollenhoff to call the question and cease discussion. Ayes: Seven. Motion carried. 103895 - Mollenhoff/Jordan that "an Ordinance repealing Section 21, Master Plumber's Bond, of the Plumbing Ordinance; and enacting in lieu thereof a new Section 21, Master Plumber's Certificate of Insurance, of the Plumbing Ordinance", be received, placed on file, considered and pass for the first time. Ayes: Seven. Motion carried. 103896 - Further discussion was heard from Steve Hasenour, 904 Hammond, stating that he purchased properties, got building permits and is completing construction without the need for insurance. He stated that citizens are clamoring for less government regulation and this ordinance is increased regulation of business. The need for insurance should be an issue between the contractor and the customer without City intervention. This additional cost will hurt new starters and while it may be good for citizens, it could put small contractors out of business. November 28, 1994 Page 5 Ordinance to be Adopted - continued Councilperson Jordan informed the council of the need to pass these ordinances tonight to allow contractors to cancel bonds and prepare the certificates of insurance for January 1st. He also stated that the one of the advantages of keeping a license current is the process of receiving updates on building code changes. Mayor Rooff addressed the additional cost of the liability insurance isn't an issue to most contractors. Most businesses are carrying adequate insurance and this ordinance change will allow for a reduction in the cost of acquiring bonds. The City's intention is to provide protection to the public. Councilperson Mollenhoff agreed that this is good legislation for constituents as it provides protection to the customer that the bonds didn't provide. Forest Dillavou, 1725 Huntington Rd, asked whether the ordinance change would prevent homeowners from putting in their own sidewalk or prevent Cedar Falls contractors from doing business in Waterloo. Louis Cutwright, Building Official, stated that these issues would not be affected, the sidewalk bond is different than these ordinances and reciprocal agreements allow one contractor's license to operate in both Waterloo and Cedar Falls. Rich Kurtenbach, 1641 Gilbert Dr, requested a review of his specific situation. Mayor Rooff instructed the Building Official to meet with Mr. Kurtenbach and discuss any possible alternatives. Jordan/Collier that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Nays: Getty. Motion carried. 103897 - Mollenhoff/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: Six. Nays: Getty. Motion carried. 103898 - Jordan/Collier that "an Ordinance repealing Section 21, Master Plumber's Bond, of the Plumbing Ordinance; and enacting in lieu thereof a new Section 21, Master Plumber's Certificate of Insurance, of the Plumbing Ordinance", be adopted. Ayes: Six. Nays: Getty. Ordinance adopted and upon approval by Mayor assigned No. 4055. 103899 - Mollenhoff/Jordan that "an Ordinance repealing Subsection 3 of Section 203, Issuance of Certificate of Competency, of the Heating, Air -Conditioning & Ventilation Code; and enacting in lieu thereof a new Subsection 3 of Section 203, Issuance of Certificate of Competency, of the Heating, Air -Conditioning & Ventilation Code", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 103900 - Jordan/Collier that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Nays: Getty. Motion carried. 103901 - Mollenhoff/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: Six. Nays: Getty. Motion carried. 103902 - Jordan/Collier that "an Ordinance repealing Subsection 3 of Section 203, Issuance of Certificate of Competency, of the Heating, Air -Conditioning &Ventilation Code; and enacting in lieu thereof a new Subsection 3 of Section 203, Issuance of Certificate of Competency, of the Heating, Air -Conditioning &Ventilation Code", be adopted. Ayes: Six. Nays: Getty. Ordinance adopted and upon approval by Mayor assigned No. 4056. 103903 - Mollenhoff/Jordan that "an Ordinance repealing Subsection (a) of Section 408, Surety Bond Required, of the Electrical Ordinance; and enacting in lieu thereof a new Subsection (a) of Section 408, Certificate of Insurance Required, of the Electrical Ordinance", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 103904 - Jordan/Collier that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Nays: Getty. Motion carried. November 28, 1994 Page 6 Ordinances to be Adopted - continued 103905 Mollenhoff/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: Six. Nays: Getty. Motion carried. 103906 Jordan/Collier that "an Ordinance repealing Subsection (a) of Section 408, Surety Bond Required, of the Electrical Ordinance; and enacting in lieu thereof a new Subsection (a) of Section 408, Certificate of Insurance Required, of the Electrical Ordinance", be adopted. Ayes: Six. Nays: Getty. Ordinance adopted and upon approval by Mayor assigned No. 4057. 103907 - Murphy/Collier that "an Ordinance repealing Section 9-6, Surety Bond Prerequisite to Alteration, Construction or Reconstruction; Exception; Amount, Terms and Conditions of Bond, of Chapter 9, Buildings, of the 1993 Code of Ordinances of the City of Waterloo; and by enacting in lieu thereof a new Section 9-6, Certificate of Insurance Required, of Chapter 9, Buildings, of the 1993 Code of Ordinances of the City of Waterloo, Iowa", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. BILLS PAYMENT 103908 - Krizek that "Resolution approving Schedule A918, pp. 1-39, dated November 28, 1994, in the amount of $1,594,173.84, 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. 1994-574. NEW BUSINESS 103909 - Mollenhoff/Jordan that "Resolution ordering the preparation of the final plat and schedule of assessments for the F.Y. 1995 Sidewalk Repair Assessment Program - Zone 6, Contract No. 470", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-575. 103910 - Mollenhoff/Jordan that "Resolution approving abandonment schedule for the F.Y. 1995 Sidewalk Repair Assessment Program - Zone 6, Contract No. 470", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-576. 103911 - Krizek/Collier that "Resolution adopting and levying the final schedule of assessments and providing for payment thereof for the F.Y. 1995 Sidewalk Repair Assessment Program - Zone 6, Contract No. 470", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-577. Travel Requests 103912 - Mollenhoff/Getty that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. W. Douglas Carter, Paramedic, to attend fire service course design class at the National Fire Academy in Emmitsburg, Maryland on December 5-16, 1994, with costs not to exceed $176.40. 2. Paul Huting, Superintendent of Parks, to attend continuing education on managing turfgrass and golf course operations in Des Moines, Iowa, on January 24-25, 1995, with costs not to exceed $140.00, including the use of city vehicle. Ayes: Seven. Motion carried. MISCELLANEOUS 103913 - Anders/Jordan 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 Departmentand the following application for pawnbroker's license be received, placed file and approved: , November 28, 1994 Page 7 Miscellaneous - continued 1. Beer/Liquor License Permit Application Class C The Winning Edge, 341 Fletcher Avenue (Renewal) (Expires Sunday Sales) Mexikelly, 801 Commercial (Renewal) (Expires 12/31/95) ( Red Carpet Club, 1409 Newell (New Owner) (Expires 11/28/ Sales) Application for Pawnbroker's License B & L Pawn, 917 Independence Ayes: Seven. Motion carried. ORAL PRESENTATIONS 12/3/95) (Includes Includes Sunday Sales) 95) (Includes Sunday 103914 - John Guess, 2628 Cooley St, informed the council that he resides in Log Cabin Park. He moved into the house in 1970, has since remodeled it and has lived and worked in Waterloo all his life. Since the flood of 1993 his wife has requested they move from this house. As a result of the flood he is concerned about the dike and river current being strong enough to survive another flood. The road and bridge construction has changed the river flow and made the area unlivable, even the Department of Natural Resources has been recommending residents move from this area. Mr. Guess contacted Mark Boesen, Community Development Director, and requested he be placed on the list for buyout. Community Development staff has assured him that the residents would be taken care of. His wife has found a home and is in the process of purchasing it. Mr. Guess is frustrated that the process has been placed on hold. He suggested that Community Development pursue additional funding and would like the appraisal process to continue. Councilperson Anders agreed to meet with Mr. Guess and the Community Development staff to investigate this issue. Getty/Collier that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 103915 - Murphy/Jordan that the council adjourn at 9:10 p.m. Ayes: Seven. Motion carried. Susan Fangman City Clerk