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HomeMy WebLinkAbout11/21/94November 21, 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 21, 1994. Mayor John R. Rooff in the Chair. Roll Call: Jordan, Collier, Krizek, Mollenhoff, Anders, Murphy, Getty. Invocation by: Reverend Ronald L. Waters, Hammond Avenue Brethren Church Pledge of Allegiance: Boy Scout Troop #29 --Steve Vanderleest, Ryan Jordan Weaver, Austin Miller and Don Miller, Leader. Recognition of Week: VGM & Associates, Van Miller Snell, Jacob Weaver, 103832 - Getty/Jordan that the Agenda, as amended, for the Regular Session on Monday, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion 103833 - Jordan/Collier that the Minutes, November 21, 1994, carried. as proposed, for the Regular Session on Monday, November 14, 1994, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. Presentation of the Bulls as the 1995 Midnight Basketball League Fall Season Championship Team and the Celtics as the Runner -Up Championship Team. Mayor Rooff read a Proclamation declaring the week of November 20-26, 1994 as Family Week. HEARINGS 103834 - Murphy/Mollenhoff that proof of publication of notice of public hearing on the Calendar Year 1995 Budget for the Waterloo Water Works, as published in the Waterloo Courier on November 9, 1994, be received and placed on file. Ayes: Seven. Motion carried. 103835 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Anders/Collier that the hearing be closed. Ayes: Seven. Motion carried. 103836 - Jordan/Collier that "Resolution approving said Calendar Year 1995 Budget", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-545. 103837 - Jordan/Murphy that proof of publication of notice of public hearing on $1,025,000 Improvement Management Capital Loan Notes - Series 1994, as published Waterloo Courier on November 8, 1994, be received and placed on file. Ayes: Motion carried Energy in the Seven. 103838 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for oral and written objections and there were none. Collier/Krizek that the hearing be closed. Ayes: Seven. Motion carried. 103839 - Mollenhoff/Jordan that "Resolution instituting proceedings to take action for the authorization and issuance of not to exceed $1,025,000 Energy Improvement Management Capital Loan Notes and to authorize reimbursement of expenditures", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-546. UNFINISHED BUSINESS 103840 - Anders/Murphy that communication from Forestry Coordinator transmitting recommendation of award of contract to Gongwer Tree Corporation in the amount of $35,150.00, with additional removals at per unit basis with the project not to exceed $50,000.00, in conjunction with the Tree Removal Program, 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. 1994-547. November 21, 1994 Unfinished Business - continued 103841 - Jordan/Collier Page 2 that communication from Superintendent of Traffic Operations transmitting request of residents in the 100 and 200 block of Marsh Street requesting to remove the No Parking This Side of Street signs installed earlier this year be received, placed on file. Prior to a vote on the above motion, the following comments were heard. Councilperson Murphy requested that staff report on whether this change will cause problems with snow removal or garbage pickup. Dick Grimm, Street Superintendent, informed the Council that this street is very narrow and parking on both sides will make snow removal difficult during the winter months. Mike Mrzlak, Traffic Operations Superintendent, stated that after review by the Traffic Department the initial request for no parking on one side was recommended for approval to the council. City staff are recommending that the no parking signs remain. Councilperson Krizek informed the council that the petition requesting the change had 13 signatures from eight neighboring property owners with two of the three property owners with addresses as Marsh Street requesting the removal of the signs. She supports the removal of the signs because a majority of residents have requested the change. Following discussion, a vote was taken with the following result. Ayes: Two. Nays: Jordan, Collier, Anders, Murphy, Getty. Motion not carried. PETITIONS FROM PUBLIC 103842 - Mollenhoff/Murphy that communication from City Engineer transmitting request of Daniel A. Weilein, Cedar Valley Bldg. Co., for a waiver for concrete driveways to be located at 1937 Kamille Court, 1939 Kamille Court, 1941 Kamille Court, and 1943 Kamille Court, 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. 1994-548. 103843 - Mollenhoff/Collier that communication from City Planner transmitting 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, together with recommendation of approval of Planning, Programming and 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 of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-549. DOCUMENTS 103844 - Anders/Murphy that communication from Forestry Coordinator transmitting Contracts, Bonds and Certificates of Insurance from Gongwer Tree Corporation in the amount of $50,000.00 be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Anders /Murphy that the above motion be amended to insert subject to receipt of $50,000.00 bond. Anders /Murphy that communication from Forestry Coordinator transmitting Contracts, Bonds and Certificates of Insurance from Gongwer Tree Corporation in the amount of $50,000.00, subject to receipt of $50,000.00 bond, be received, placed on file and "Resolution approving said documents", be adopted, as amended, and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-550. 103845 - Getty/Jordan that communication from Administrative Director transmitting a Professional Service Agreement with RUST Environment & Infrastructure for the Water Pollution Control facilities, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Nays: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-551. A November 21, 1994 Documents - continued 103846 - Krizek/Mollenhoff Page 3 that communication from Assistant City Engineer transmitting Construction Plans for paving and storm sewer serving Logan Avenue Access Road, as submitted by Schenk Engineering Company, together with recommendation of approval, be received, placed on file and "Resolution approving said plans", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-552. 103847 - Jordan/Collier that communication from Traffic Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by K & W Electric, Inc. in conjunction with installation of traffic signals at the intersection of Sarah & Flammang Drive, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-553. 103848 - Mollenhoff/Jordan that communication from City Planner transmitting an agreement with Gary and Vickie Sieben for final judgment responsibility in conjunction with sale of Disposal Parcel 1-2, Ansborough Avenue (North), 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. 1994-554. RESOLUTIONS TO BE ADOPTED 101849 - Murphy/Anders that communication from Silos & Smoke Stacks requesting that the city act as a co- sponsor of an application for ISTEA Statewide Enhancement Funding in the amount of $920,000, with Silos & Smokestacks' match of $230,000, for rehabilitation of the Chicago & Great Western freight depot, East 6th and Sycamore Streets, be received, placed on file and "Resolution approving said request", be adopted. Murphy/Anders that the above motion be amended to insert that the resolution state that no city funds will be involved in the project. Murphy/Anders that communication from Silos & Smoke Stacks requesting that the city act as a co- sponsor of an application for ISTEA Statewide Enhancement Funding in the amount of $920,000, with Silos & Smokestacks' match of $230,000, for rehabilitation of the Chicago & Great Western freight depot, East 6th and Sycamore Streets, be received, placed on file and "Resolution approving said request with no city funds involved in the project", be adopted, as amended. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-555. 103850 - Krizek/Jordan that "Resolution accepting and dedicating a 20 foot utility easement generally located along the southerly side of Lot 9 in Audubon Heights Addition for future utility purposes", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-556. 103851 - Mollenhoff/Murphy that "Resolution setting date of hearing as January 3, 1995 at 7:00 p.m. in the City Hall Council Chambers to consider an Allocation Plan for submission to HUD designating as "elderly" the 50 apartment units at Ridgeway Towers, 225 West Ridgeway Avenue", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-557. 103852 - Anders/Murphy that "Resolution setting date of hearing as November 28, 1994 at 7:00 p.m. in the City Hall Council Chambers on sale and conveyance of former Resolution Trust Corporation property generally located at 207 Park Road to Eleanor L. Van Brocklin for $12,000.00, subject to financing", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-558. November 21, 1994 Page 4 Resolutions to be Adorited - continued 103853 - Getty/Mollenhoff that "Resolution setting date of hearing as November 28, 1994 at 7:00 p.m. in the City Hall Council Chambers on sale and conveyance of former Resolution Trust Corporation property generally located at 105 St. Albans to Donald Lloyd Thaxton for $15,000.00, subject to financing", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-559. 103854 - Murphy/Anders that "Resolution transferring from the Park Improvement Fund the sum of $9,814.48 to the Municipal Tennis Improvement Fund to correct expenditures made in FY 1993 and the amount of $109,300.26 from the General Obligation 1994 Refunded Bond Escrow to the General Obligation Debt Fund", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-560. 103855 - Krizek/Jordan that communication from Assistant City Engineer transmitting recommendation of acceptance of improvements to Crossroads Drainageway from Alexandra Drive to Hess Road, be received, placed on file and "Resolution approving said improvements", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-561. 103856 - Anders/Murphy that "Resolution approving acquisition contract payment and accepting the deed in the amount of $27,500.00 for Parcel No. 3 (Doug &Anita Corwin) in conjunction with Sherwood Park Voluntary Acquisition", be adopted. Ayes: Four. Nays: Jordan, Collier, Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-562. 103857 - Getty/Jordan that communication from Assistant City Engineer transmitting recommendation of acceptance of improvements (installation of sanitary and storm sewer, bringing the streets to grade, and installation of seven inch portland cement concrete paving and incidentals) to Heath Street Extension - Phase I, and Heath Street Reconstruction, be received, placed on file and "Resolution accepting said improvements", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-563. 103858 - Jordan/Collier that communication from City Planner transmitting request to solicit bids from licensed appraisers for Sherwood Park Voluntary Acquisition, Phase III, be tabled for one week. Community Development staff was requested to prepare an updated listing of the acquisitions, offers and total number of properties in the Sherwood Park area. The update should identify the properties in each phase and the status associated with the property. Ayes: Six. Nays: Anders. Motion carried. ORDINANCES TO BE ADOPTED 103859 - Mayor Rooff declared that discussion would be held on the third reading of the ordinance to allow license bow deer hunting under the Special Deer Management Zone procedures. Councilperson Jordan reported that he and other members of the council met with members of the Concerned Citizens for Urban Wildlife to discuss their alternative proposal to bow hunting. The group reported that their proposal is to trap and transport the deer and the DNR will not support this action. The group is concerned with safety issues and feel the trap and kill method will cost an excessive amount of money to complete. Councilperson Jordan identified the group as good hearted volunteers with no outside influence who are willing to provide an alternative to bow hunting. Councilperson Jordan expressed his support of this volunteer effort. Councilperson Mollenhoff concurred with the report and restated the fact that the group is suggesting a trap and transport method of removal but the DNR does not allow for this method of removal at this time. Anders/Krizek that "an Ordinance repealing Section 27-6, Discharging and Possessing Air Rifles and Similar Devices Prohibited; Exception of Chapter 27, Offenses --Miscellaneous; and enacting in lieu thereof a new Section 27-6, Discharging and Possessing Air Rifles and Similar Devices Prohibited; Exception of Chapter 27, Offenses --Miscellaneous (license bow deer hunting as allowed by the Iowa Department of Natural Resources under its Special Deer Management Zone procedures)", be received, placed on file, considered and passed for the third time. ..014\ November 21, 1994 Page 5 Ordinances to be Adopted - continued Further discussion continued as Councilperson Collier announced that he has received many phone calls which prompted him to continue his research and he has been satisfied that the safety issues have been addressed and he will be changing his vote to support the bow hunting. Councilperson Murphy informed the public that he had previously stated he would be willing to change his vote to no but no viable option to bow hunting has been presented and the issue of overpopulation needs to be addressed at this time. Councilperson Mollenhoff stated that as a matter of record it is his opinion that the safety issue has not been resolved. He has received many conflicting reports and he has knowledge of a specific incident where a bow hunter in a tree stand shot his hunting companion standing on the ground and inflicted a serious wound. Councilperson Mollenhoff stressed there is an ongoing safety issue and he has grave concerns regarding the possibility of injuries occurring in a public park. With no further discussion Mayor Rooff called for a vote on the issue with the following result. Ayes: Five. Nays: Jordan, Mollenhoff. Motion carried. 103860 - Anders/Murphy that "an Ordinance repealing Section 27-6, Discharging and Possessing Air Rifles and Similar Devices Prohibited; Exception of Chapter 27, Offenses --Miscellaneous; and enacting in lieu thereof a new Section 27-6, Discharging and Possessing Air Rifles and Similar Devices Prohibited; Exception of Chapter 27, Offenses --Miscellaneous (license bow deer hunting as allowed by the Iowa Department of Natural Resources under its Special Deer Management Zone procedures)", be adopted. Ayes: Five. Nays: Jordan, Mollenhoff. Ordinance adopted and upon approval by Mayor assigned No. 4053. 103861 - Anders/Murphy that "an Ordinance fixing the compensation of Mayor and Council Members of the City of Waterloo, Iowa, and repealing Ordinance No. 3966 and Ordinance No. 3965", 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. 6 Councilperson Jordan stated for the record that he requested these items remain as separate ordinances. He affirms the need to increase the salary of the Mayor to enable the City to attract qualified candidates as Mayor, however he believes the Council should not receive any raise until the City has re-established a better financial position. Councilperson Murphy commented on the need to consider other candidates that may be running for office in the future. These candidates may not be able to absorb the costs associated with the position and he feels the council needs to be aware of these needs and allow for compensation to cover any increased costs. Following discussion, a vote was taken with the following result. Ayes: Six. Nays: Jordan. Motion carried. 103862 - Getty/Collier that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Nays: Jordan. Motion carried. 103863 - Murphy/Anders that the following ordinance be recorded as having been considered and passed for the second and third times. Ayes: Six. Nays: Jordan. Motion carried. 103864 - Getty/Murphy that "an Ordinance fixing the compensation of Mayor and Council Members of the City of Waterloo, Iowa, and repealing Ordinance No. 3966 and Ordinance No. 3965", be adopted. Ayes: Six. Nays: Jordan. Ordinance adopted and upon approval by Mayor assigned No. 4054. BILLS PAYMENT 103865 - Krizek that "Resolution approving Schedule A918, pp. 1-73, dated November 21, 1994, in the amount of $1,504,873.50, 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. 1994-564. November 21, 1994 Page 6 NEW BUSINESS 103866 - Mollenhoff/Collier that communication from Mayor Rooff transmitting recommendation of appointment of Tim Shea to the position of Water Pollution/Flood Control Superintendent, effective November 22, 1994, be received, placed on file and approved. Ayes: Seven. Motion carried. 103867 - Jordan/Mollenhoff that communication from Superintendent of Traffic Operations transmitting recommendation to reinstall two street lights on Shaulis Road between Cedar Terrace Drive and Foulk Road, be received, placed on file and "Resolution approving said street lights", be adopted and City Clerk instructed to notify Midwest Power of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-565. Travel Reauests 103868 - Getty/Mollenhoff that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Mayor John Rooff and Councilpersons Jerry Anders and John Murphy to attend National League of Cities 94 Congress of Cities Exposition in Minneapolis, Minnesota on December 1-4, 1994, with costs not to exceed $745.00 per person. Ayes: Seven. Motion carried. MISCELLANEOUS 103869 - Mollenhoff/Murphy 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 the following application for pawnbroker's license be received, placed on file and approved: 1. Beer/Liquor License Permit Application Class C Rio Grande Mexican American Cantina, 3251 West 4th Street (New) (Expires 11/23/95) (Includes Sunday Sales) 2. Beer/Wine License Permit Application Class C Genghis Khan Mongolian Bar -B -Q, 1415 East San Marnan Drive (Renewal) (Expires 11/23/95) (Includes Sunday Sales) Application for Pawnbroker's License 15th Street Pawn, 189 West 15th Street Ayes: Seven. Motion carried. BONDS 103870 - Anders/Murphy that the report of the City Attorney and list of bonds filed with the City Clerk through November 21, 1994, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. ORAL PRESENTATIONS 103871 - Jerry Shatzer, 1829 W. 7th Street, inquired if the Council and Mayor had passed a motion to give themselves a raise. Mr. Shatzer stated that he wouldn't support a 15% raise for the elected officials unless property taxes were reduced by the same amount. Mr. Shatzer is concerned that when the raise becomes effective the property taxes will be raised to cover this item. Mr. Shatzer discussed his concerns that new residents weren't moving into Waterloo due to high property tax costs. Mayor Rooff informed Mr. Shatzer that City property taxes were cut last year and it is the intention of the council to continue in this endeavor in the future. Mary Ellen Warren thanked the Mayor and Council for attending the UpDowntowners Light up Downtown for the Holiday this evening. Getty/Collier that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 103872 - Anders/Mollenhoff that the Council adjourn at 8:16 p.m. Ayes: Seven. Motion carried. Susan Fangman City Clerk COUNCIL WORK SESSION November 22, 1994 4:00 p.m. First Floor Conference Room Members present: Collier, Krizek, Murphy, Anders, Getty. Members absent: Jordan, Mollenhoff. Moved by Murphy, seconded by Krizek that the Agenda, as proposed, be approved. Ayes: Five. Absent: Jordan, Mollenhoff. Motion carried. Jordan now present at 4:05 p.m. Agenda items for the council meeting to be held on Monday, November 28, 1994, were reviewed and discussed with representatives from departments that had items on the agenda. Assistant City Attorney Sang -Ki Han stated that discussion of acquisition of property is an approved topic of Executive Session as approved by Iowa Code Section 21.5(1)(j). Moved by Getty, Seconded by Krizek that the council adjourn to Executive Session. Ayes: Six. Absent: Mollenhoff. Motion carried. EXECUTIVE SESSION Moved by Krizek, seconded by Collier that the Council adjourn Executive Session. Ayes: Six. Absent: Mollenhoff. Motion carried. With no further business before the council, it was moved by Getty, seconded by Collier that the meeting be adjourned. Ayes: Six. Absent: Mollenhoff. Motion carried. Susan Fangman City Clerk