HomeMy WebLinkAbout11/14/94November 14, 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 14, 1994. Mayor John R. Rooff
in the Chair. Roll Call: Jordan, Collier, Krizek, Mollenhoff, Anders, Murphy, Getty.
Invocation by: Reverend Wayne H. Stufflebeam, Maywood Wesleyan
Pledge of Allegiance: Girl Scout Troop #266 --Sara Buenzow, Amanda French, Laura Hall, Ellen
Halvorson, Brittany Klein, Abbie Vandenakker, Amy Westendorf, and Leaders Kay Halvorson,
Susan Hall and Teresa Klein
Recognition of Week: County Market, Bruce Anderson, Owner
103812 - Mollenhoff/Murphy
that the Agenda, as proposed, for the Regular Session on Monday, November 14, 1994,
at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried.
103813 - Jordan/Collier
that the Minutes, as proposed, for the Regular Session on Monday, November 7, 1994,
at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried.
Curtis James, Jr., of the Gates Park Optimist Club, presented a donation in the
amount of $100.00 for the Strike a Match Program.
PETITIONS FROM PUBLIC
103814 - Anders/Jordan
that request of James Skarlis for a waiver for four concrete driveways to be located
at 1957 Kamille Court, 1959 Kamille Court, 1961 Kamille Court and 1963 Kamille
Court, together with recommendation of approval of City Engineer, be received,
placed on file and "Resolution approving said request", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-536.
103815 - Mollenhoff/Collier
that communication from City Planner transmitting request of Daniel Fencl to rezone
from "R-2" One and Two Family District to "C -Z" Conditional Zoning property located
at 1209 Dundee Avenue to convert house into professional office, subject to approval
of the Planning, Programming and Zoning Commission, be received, placed on file and
"Resolution setting date of hearing as December 5, 1994 at 7:00 p.m. in the Large
Conference Room of the Grout Museum, 503 South Street", be adopted and City Clerk
instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-537.
DOCUMENTS
103816 - Jordan/Murphy
that communication from City Planner transmitting Final Plat of Crossroads Plat No.
6, together with recommendation of approval of Planning, Programming and Zoning
Commission and Deed of Dedication, be received, placed on file and "Resolution
approving said final plat", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-538.
RESOLUTIONS TO BE ADOPTED
103817 - Krizek/Collier
that "Resolution approving communication from Police Chief transmitting Agreement
of Donee from the RJ McElroy Trust accepting a matching grant of $60,000 for Strike
A Match to be received over a three year period", be adopted and Mayor authorized
to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-539.
103818 Murphy/Anders
that "Resolution approving communication from City Clerk transmitting request to
recertify unpaid sewer assessments in the amount of $81.45 for property located at
143 Mohawk Street for failure to pay monthly installments", be adopted and Clerk
instructed to notify Black Hawk County Treasurer of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-540.
103819 - Jordan/Collier
that "Resolution approving partial acquisition contract payment in the amount of
$280.08 and accepting the deed for Lot 56 (S & M Enterprises, aka Shakey's Pizza
Restaurant) in conjunction with traffic signal installation at Kimball Avenue and
Brookeridge Drive", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-541.
November 14, 1994
Resolutions to be Adopted - continued
103820 - Krizek/Collier
Page 2
that "Resolution approving communication from City Planner transmitting request to
submit an application for funding in the amount of $439,257.00 for the Proposed 218
Trail Phase II, Westfield Avenue to Eighteenth Street", be adopted and staff
authorized to submit said application. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-542.
103821 - Jordan/Mollenhoff
that "Resolution setting date of hearing as December 5, 1994 in the Large Conference
Room at the Grout Museum of History & Science, 503 South Street, on the proposed
Health Care Facility Revenue Bonds, Series 1994 (NECSA Project), not to exceed
$250,000", be adopted and City Clerk instructed to publish notice of same. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-543.
ORDINANCES TO BE ADOPTED
103822 - Jordan/Collier
that "an Ordinance repealing Article II, Hotel and Motel Tax, of Chapter 33 3/4,
Taxation, of the 1993 Code of Ordinances of the City of Waterloo; and enacting in
lieu thereof a new Article II, Hotel and Motel Tax, of Chapter 33 3/4, Taxation
(allocation of funds)", be received, placed on file, considered and passed for the
third time. Ayes: Seven. Motion carried.
103823 - Getty/Collier
that "an Ordinance repealing Article II, Hotel and Motel Tax, of Chapter 33 3/4,
Taxation, of the 1993 Code of Ordinances of the City of Waterloo; and enacting in
lieu thereof a new Article II, Hotel and Motel Tax, of Chapter 33 3/4, Taxation
(allocation of funds)", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4052.
103824 - Councilperson Murphy informed everyone that a group had formed and was preparing a
viable plan to remove the deer from our parks without the intervention of bow
hunting. Councilperson Murphy stated that his concern is with the removal of the
deer, and he would be willing to vote against bow hunting if an alternative method
of removal is proposed. Councilperson Jordan affirmed the discussion regarding the
proposal to trap the deer and remove them with the costs to be raised by private
donations. Senator Lind has offered the group assistance in clearing the way
through the state level for support of these methods. Councilperson Krizek
questioned whether trapping is a viable option this late in the season.
Councilperson Jordan responded by saying that trapping is a compromise which allows
a win-win situation for all. He feels the power of volunteerism is very strong in
our community and these methods will remove the safety concerns that the council now
faces with bow hunting. Mayor Rooff stated the details need to be worked out by
next Monday night. A written proposal for the alternative with DNR approval and
funding must be in place for the council to review before the final reading of the
ordinance next week.
Councilperson Anders expressed his feeling that it is too late to change the
proposal before the council now. He feels that the City should support the DNR's
request to try bow hunting and evaluate the effectiveness after the close of the
current season. Councilperson Getty informed the public that the City is not
issuing hunting licenses, licensing will be done by the DNR and they are responsible
for the implementation of a deer management zone which incorporates the needed
safety elements.
Councilperson Jordan restated that his main concern is the safety issue. The deer
need to be thinned and so the issue isn't bow hunting but deer management.
Councilperson Mollenhoff relayed to the council that the message he has received
from the public is that the underlying issue is safety. He agrees that the new
proposal warrants attention by the council and suggests that the group meet with
members of the council to get a memorandum of understanding and the financial
commitments in place before the next meeting of the council.
Councilperson Anders commented that he feels the safety issue has been blown out of
proportion. He lives near one of the bike paths and uses it frequently. He has
reviewed the DNR and Black Hawk County Conservation Board's placement of the zones
and the limited hunting times should dispel any fears. He supports letting the
experts try their recommendation. Councilperson Jordan announced that he had
researched the safety issues by actually sitting in a deer stand with an experienced
hunter over the past weekend. The hunter is opposed to allowing the hunting in the
parks due to his experience that the best of the best hunters can still miss their
target. There is also a concern that an arrow might strike a branch which would
cause it to veer and strike an innocent bystander.
November 14, 1994
Ordinances to be Adopted - continued
Krizek/Anders
Page 3
that "an Ordinance repealing Section 27-6, Discharging and Possessing Air Rifles and
Similar Devices Prohibited; Exception of Chapter 27, Offenses --Miscellaneous of the
1993 Code of Ordinances of the City of Waterloo; 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 second time. Ayes: Four. Nays: Jordan, Collier, Mollenhoff. Motion carried.
103825 - Councilperson Anders respectfully requested that the council approve the motion to
suspend the rules so that the time delay for the start of the hunting season can be
minimized. Councilperson Mollenhoff replied by asking the council to consider the
request of Councilperson Jordan to bring back an alternative proposal for deer
management.
Anders/Getty
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Two. Nays: Jordan, Collier, Krizek, Mollenhoff,
Murphy. Motion not carried.
BILLS PAYMENT
103826 - Krizek
that "Resolution approving Schedule A918, dated November 14, 1994, in the amount of
$3,545,364.62, 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. 1994-544.
NEW BUSINESS
103827 - Murphy/Mollenhoff
that communication from Human Rights Director transmitting recommendation of
appointment of Lynette Hartman to the position of Administrative Secretary,
effective November 21, 1994, be received, placed on file and approved. Ayes:
Seven. Motion carried.
Travel Requests
103828 - Getty/Krizek
that the following travel requests, with expenses not to exceed amount shown, be
received, placed on file and approved:
1. Allen Pryor, Police Lieutenant, to attend Criminal Investigations Management
School at Northwestern University, in Evanston, IL on January 16-20, 1995 with
costs not to exceed $1,010.00, including the use of city vehicle
2. Roger Carr, Class Instructor, to teach Hazardous Materials Operations class in
Charles City, IA on October 18-21, 1994, with costs not to exceed $300.00.
3. Class Instructor (to be determined), to teach Hazardous Materials EMS class in
Carroll, IA on November 20, 1994 with costs not to exceed $110.00, including the
use of city vehicle.
Ayes: Seven. Motion carried.
MISCELLANEOUS
103829 - Getty/Collier
that the following beer and liquor license permit applications be received, placed
on file and approved and endorsed applications forwarded to the Iowa Beer & Liquor
Control Department and the following cigarette permit application be received,
placed on file and approved:
1. Beer & Liquor License Permit Application
Class C
Embassy Lounge, 225 East Fifth Street, (Renewal) (Expires 11/23/95) (Includes
Sunday Sales)
929 Tap, 929 West Fifth Street, (New Owner) (Expires 12/1/95)
New World Lounge, 120 Sumner Street, (New) (Expires 11/15/95) (Includes
Sunday Sales)
Cigarette Permit Application
929 Tap, 929 West Fifth Street
Ayes: Seven. Motion carried.
November 14, 1994
BONDS
Page 4
103830 - Mollenhoff/Murphy
that the report of the City Attorney and list of bonds filed with the City Clerk
through November 14, 1994, be received, placed on file and report and bonds be
approved. Ayes: Seven. Motion carried.
ADJOURNMENT
103831 - Mollenhoff/Jordan
that the Council adjourn at 7:40 p.m. Ayes: Seven. Motion carried.
Susan Fangman
City Clerk
COUNCIL WORK SESSION
November 14, 1994
4:30 p.m.
Large Conference Room
Members present: Jordan, Murphy, Krizek, Mollenhoff, Anders,
Getty, Collier.
Moved by Murphy, seconded by Jordan that the agenda, as proposed,
be approved. Ayes: Four. Absent: Anders, Getty, Collier.
Motion carried.
Lou Cutwright, Building Official, stated that discussions have been
held to change the city ordinance requiring contractors to provide
a certificate of insurance naming the city and its employees as
additionally insured in place of a surety bond. Currently the
bonds must be purchased before the city issues a building permit,
but liability insurance is not required. The bonds were designed
to provide protection should property owners sue the city for
issuing a permit to a contractor who fails to perform adequately.
Some contractors who are already covered by liability insurance
think the bonds are additional expenses that do not provide
additional protection.
Surety bonds offer no protection to the home owners as the bonds
currently only name the city as additionally insured. The change
would result in a saving to the contractors who normally buy the
bonds. Residents hiring the contractor would benefit by the added
insurance protection. Property owners doing work on their
residences would be exempt.
Frank Dowie stated that the contractor would have to prove he has
a certificate of insurance, and then the home owner would have some
kind of recourse. The city or an appointed governmental agency
would be informed 30 days before the insurance is canceled. When
the certificate of insurance is issued, the contractor would have
to sign a hold harmless agreement.
Councilpersons Anders and Getty now present at 4:55 p.m.
Mark Gardner, a member of the General Contractor's Board, stated
the ordinance change would not affect the larger contractors who
already buy high liability insurance. Some smaller contractors
currently operating without insurance would have an increase in
their costs.
Councilperson Collier now present at 5:05 p.m.
City Attorney Jim Walsh will prepare a draft of the ordinances for
next week's council meeting which will repeal the need for bonds
but require contractors to provide proof they carry at least
$300,000 in liability insurance.
With no further business before the council, it was moved by
Murphy, seconded by Jordan that the meeting be adjourned at 5:15
p.m. Ayes: Seven. Motion carried.
Susan Fangman
City Clerk