HomeMy WebLinkAbout11/07/94November 7, 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 7, 1994. Mayor John R. Rooff in
the Chair. Roll Call: Jordan, Krizek, Mollenhoff, Anders, Murphy, Getty. Absent: Collier.
Invocation by: Reverend Arno Melz, Christ Lutheran Church (MO Synod)
Pledge of Allegiance: Girl Scout Troop #570 --Kim Rogers, Rebecca Hovey, Courtney Barghahn,
Megan Hart, Heather Dennis, Hollie Johnson, Lindsey Brandhorst, Sarah Demaris, Debbie Hageman
and Lynor Peace, Leaders
Recognition of Week: Elizabeth Guthart, CPA
103757 - Getty/Mollenhoff
that the Agenda, as amended, for the Regular Session on Monday, November 7, 1994,
at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried.
103758 - Jordan/Collier
that the Minutes, as proposed, for the Regular Session on Monday, October 24,
1994, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried.
Mayor Rooff read a Proclamation declaring December 9 and 10, 1994 as Good Neighbor
Days in conjunction with the 1994 Cedar Valley United Way Campaign.
Mayor Rooff read a Proclamation declaring November 20-27, 1994 as National Bible
Week.
Mayor Rooff read a Proclamation declaring November 7-14, 1994 as Women's Veteran
Week.
HEARINGS & BIDS
107359 - Jordan/Murphy
that the proof of publication of notice of public hearing on plans,
specifications, form of contract, etc and taking of bids for the Tree Removal
Program, as published in the Waterloo Courier on October 21, 1994 be received and
placed on file. Ayes: Seven. Motion carried.
107360 - HOLD HEARING - This being the time and place of public hearing the Mayor called
for written and oral objections and there were none.
Marcia Courbat, 1100 Mitchell Ave, inquired how to get moved up on the waiting
list for tree removal. She has a tree which needs to be trimmed and is dropping
limbs that cause a hazard to vehicles passing by. Paul Huting, Parks
Superintendent, stated that this bid will help alleviate the waiting list and
requested Ms. Courbat contact his office if the trees are causing hazardous
conditions.
Mollenhoff/Collier
that the hearing be closed and oral and written comments be received and placed
on file. Ayes: Seven. Motion carried.
107361 - Anders/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 of the Mayor assigned No. 1994-515.
107362 - Murphy/Jordan
that "Resolution to authorize to proceed", be adopted. Ayes: Seven.
Resolution adopted and upon approval of the Mayor assigned No. 1994-516.
103763 - Mollenhoff/Collier
to receive, file and instruct City Clerk to open and read bids and refer to City
Forestry Coordinator for review.
Bidder Bid Bond Bid Amount
Gongwer Tree Corp 5% $35,150.00
Asplundh No Bid Bond $36,479.00
All Seasons Tree Service 51; $39,850.00
Ayes: Seven. Motion Carried.
November 7, 1994 Page 2
HEARINGS
103764 - Murphy/Jordan
that the proof of publication of notice of public hearing on request of the
Waterloo Art Association to rezone from "R-2" One and Two Family Residence
District to "C -Z" Conditional Zoning District property locally known as 902 Logan
Avenue (Dunsmore House) to hold approximately 4-6 fund raising events per year and
limited sales of art work and supplies, as published in the Waterloo Courier on
October 21, 1994, be received and placed on file. Ayes: Seven. Motion Carried.
103765 - 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.
103766 - Getty/Murphy
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance
by adding Subsection No. 59 to Section 2A -7N Conditional Rezoning Certain
Property", be received, placed file, considered and passed for the first time.
Ayes: Seven. Motion carried.
103767 - Anders/Collier
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
103768 - Collier/Krizek
that the following ordinance be recorded as having been considered and passed for
the second and third time and now placed on its final adoption. Ayes: Seven.
Motion carried.
103769 - Mollenhoff/Anders
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance
by adding Subsection No 59 to Section 2A -7N Conditional Rezoning Certain
Property", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4049.
103770 - Collier/Mollenhoff
that the proof of publication of notice of public hearing on request of the James
Dean to rezone from "R-2" One and Two Family Residence District to "C -Z"
Conditional Zoning District property generally located at the northwest corner
of Franklin Street and Linden Avenue to operate a car detailing business, as
published in the Waterloo Courier on October 21, 1994, be received and placed on
file. Ayes: Seven. Motion carried.
103771 - HOLD HEARING - This being the time and place of public hearing the Mayor called
for written and oral objections and no written objections on file.
Murphy/Jordan
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.
103772 - Anders/Collier
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance
by adding Subsection No. 60 to Section 2A -7N Conditional Rezoning Certain
Property", be received, placed file, considered and passed for the first time.
Ayes: Seven. Motion carried.
103773 - Collier/Krizek
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
103774 - Krizek/Collier
that the following ordinance be recorded as having been considered and passed for
the second and third time and now placed on its final adoption. Ayes: Seven.
Motion carried.
November 7, 1994
Hearings - continued
103775 - Mollenhoff/Jordan
Page 3
that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance
by adding Subsection No 60 to Section 2A -7N Conditional Rezoning Certain
Property", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4050.
103776 - Anders/Murphy
that the proof of publication of notice of public hearing on proposed "C -2/C -Z"
site plan amendment to allow construction of a 117,220 square foot home
improvement center, with an 18,470 square foot lawn and garden building, as
published in the Waterloo Courier on October 21, 1994, be received and placed on
file. Ayes: Seven. Motion Carried.
103777 - Getty/Krizek
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.
103778 - Jordan/Collier
that "Resolution authorizing the site plan amendment for property generally
located north of U.S. Highway 20 and east of Hammond Avenue for the construction
of a 117,229 square foot home improvement center, with an 18,470 square foot lawn
and garden building", be approved. Ayes: Seven.
Resolution adopted and upon approval of the Mayor assigned No. 1994-517.
UNFINISHED BUSINESS
103779 - Getty/Jordan
that communication from City Planner transmitting an Addendum to Design Contract
with RUST Environment and Infrastructure at a cost of approximately $70,000 to
design the fourth level on the East Park Avenue ramp together with recommendation
for approval, be received placed on file and "Resolution approving said addendum"
be adopted. Ayes: Seven.
Resolution adopted and upon approval of the Mayor assigned No. 1994-518.
PETITIONS FROM THE PUBLIC
103780 - Mollenhoff/Murphy
that communication from City Engineer transmitting request of Jerry Butler for a
waiver for a concrete driveway to be located at 168 Valley Road, together with
recommendation of approval, be received, placed on file and "Resolution approving
said request", be adopted. Ayes: Seven.
Resolution adopted and upon approval of the Mayor assigned No. 1994-519.
103781 - Mollenhoff/Murphy
that communication from City Engineer transmitting request of George Cooley, for
waiver of concrete driveway to be located at 950 Ohio Street, 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. 1994-520.
REPORTS
103782 - Anders/Mollenhoff
that communication from City Finance Manager transmitting Audit Report and Finance
Statements of Waterloo Municipal Sanitary Sewer Utility for the year ended June
30, 1994, be received and placed on file. Ayes: Seven. Motion carried.
DOCUMENTS
103783 - Krizek/Getty
that communication from Traffic Engineer transmitting Statement of Completion and
Recommendation of Acceptance of Work performed by K & W Electric, Inc in
conjunction with Subsystem "M", IX -6453(3)-79-07 be received and placed on file
and "Resolution approving said document," be adopted and Mayor authorized to
execute same. Ayes: Seven.
Resolution adopted and upon approval of the Mayor assigned No. 1994-521
November 7, 1994 Page 4
Documents - continued
103784 - Mollenhoff/Collier
that communication from Administrative Director transmitting Change Order No. 1
for a net decrease of $1,000.00 and Change Order No. 2 for a net decrease of
$1,156.65 for work performed by Miracle Recreation Company in conjunction with
waterslides for Gates Park and Byrnes Park Pools be received, placed on file and
Mayor authorized to execute same. Ayes: Seven. Motion carried.
103785 - Anders/Jordan
that communication from Traffic Engineer transmitting a U -Step Agreement with the
Iowa Department of Transportation for funding in the amount of $27,304.00 and
Traffic Safety Improvement funding in the amount of $78,000 for the
interconnection along U.S. Highway 63 and Dane Street in conjunction with
Subsystem Q, be received and placed on file and "Resolution approving said
agreements", be adopted and Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval of the Mayor assigned No. 1994-522.
103786 - Murphy/Collier
that communication from City Engineer transmitting an Iowa Department of
Transportation Application to Adopt -A -Highway for Evansdale Amvets Post 31 for
litter removal on U.S. Highway 63 from Greyhound Drive to north of Martin Road,
be received and placed on file and "Resolution approving said application", be
adopted and Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval of the Mayor assigned No. 1994-523.
103787 - Krizek/Collier
that communication from Executive Director of Waterloo Housing Authority
transmitting Certificate of Completion and Recommendation of Acceptance of Work
performed by Beck -Ericson, Inc in conjunction with 10 Single Family Public Housing
Units, be received and placed on file and "Resolution approving said document",
be adopted and Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval of the Mayor assigned No. 1994-524.
103788 - Krizek/Mollenhoff
that communication from Administrative Director transmitting Architectural Design
Services Contract with Craig Ritland Landscape Architect and Wayne Claassen
Engineering for the Riverview recreational area for an amount not to exceed
$17,500, together with recommendation of approval, be received and placed on file
and "Resolution approving said contract", be adopted and Mayor authorized to
execute same. Ayes: Seven.
Resolution adopted and upon approval of the Mayor assigned No. 1994-525.
103789 - Anders/Murphy
that communication from Associate Engineer transmitting Application to Perform
Work Within State Highway Right of Way to improve the turning radius at West First
Street and Washington Street, together with recommendation of approval, be
received and placed on file and "Resolution approving said application", be
adopted and Mayor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval of the Mayor assigned No. 1994-526.
RESOLUTIONS TO BE ADOPTED
103790 - Jordan/Collier
that "Resolution setting date of hearing as November 21, 1994, at 7:00 p.m. in the
City Hall Council Chambers on proposed loan agreement and issuance of not to
exceed $1,025,000 Energy Management Improvement Capital Loan Note to pay costs of
implementing energy conservation and energy management measures", be adopted and
City Clerk instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval of the Mayor assigned No. 1994-527.
103791 - Mollenhoff/Collier
that "Resolution authorizing and directing the City Clerk to destroy certain
records and papers as provided in Section 372.13, Paragraph 5, 1993 Code of
Iowa",be adopted. Ayes: Seven.
Resolution adopted and upon approval of the Mayor assigned No. 1994-528.
November 7, 1994
Resolutions to be Adopted - continued
103792 - Getty/Murphy
that "Resolution approving signing of two
50 additional units of Section 8 Rental
Contract #1A05 -V050-023 for 41 units and
E050-014 for 9 units", be adopted. Ayes:
Page 5
new Annual Contributions Contracts for
Assistance, Section 8 Housing Voucher
Section 8 Certificates Contract #IA05-
Seven.
Resolution adopted and upon approval of the Mayor assigned No. 1994-529.
103793 - Anders/Mollenhoff
that "Resolution authorizing application to the Iowa Department of Transportation
for Traffic Safety funding for traffic signal improvements at the intersection of
Ansborough Avenue and Downing Avenue", be adopted. Ayes: Seven.
Resolution adopted and upon approval of the Mayor assigned No. 1994-530.
103794 - Mollenhoff/Murphy
that "Resolution approving acquisition contract payments and accepting deeds in
the amount of $20,000 for Parcel No. l(Steven Pfalzgraf) and Parcel No. 19 (James
Denny) in the amount of $9,500.00 in conjunction with Sherwood Park Voluntary
Acquisition", be adopted. Ayes: Four. Nays: Jordan, Collier and Krizek.
Resolution adopted and upon approval of the Mayor assigned No. 1994-531.
ORDINANCES TO BE ADOPTED
103795 - Jordan/Anders
that "an Ordinance amending the Waterloo Heating,
Ventilation Code (Ordinance No. 1971, as amended) as it
for Board Members, office of the Heating Inspector and
Inspector from engaging in related private business", be
considered and passed for the first time. Ayes: Seven.
103796 - Mollenhoff/Collier
Air -Conditioning, and
pertains to compensation
prohibiting the Heating
received placed on file,
Motion carried.
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Seven. Motion carried.
103797 - Collier/Anders
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.
103798 - Collier/Jordan
that "an Ordinance amending the Waterloo Heating, Air -Conditioning, and
Ventilation Code (Ordinance No. 1971, as amended) as it pertains to compensation
for Board Members, office of the Heating Inspector and prohibiting the Heating
Inspector from engaging in related private business", be adopted. Ayes: Seven.
Ordinance adopted and upon
BILLS PAYMENT
103799 - Krizek
approval by Mayor assigned No. 4051.
that a "Resolution approving Schedule A918, pp. 1 - 89, dated November 7, 1994 in
the amount of $3,736,474.48 , a copy of which is on file in the City Clerk's
office" be adopted. Ayes: Seven.
Resolution adopted and upon approval of the Mayor assigned No. 1994-532.
NEW BUSINESS
103800 - Anders/Collier
that "Resolution to approve communication from Superintendent of Traffic
Operations transmitting recommendation to install street lights on Airline Highway
from Airport Boulevard to Jordan Street, near 4120 E. Shaulis Road and at the dead
end of Heath Street, north of Donald Street", be adopted. Ayes: Seven.
Resolution adopted and upon approval of the Mayor assigned No. 1994-533
November 7, 1994
New Business - continued
103801 - Jordan/Collier
Page 6
that communication from Waterloo Water Works General Manager transmitting proposed
budget for Waterloo Water Works for calendar year 1995, together with
recommendation of approval of the Board of Trustees be received and placed on file
and "Resolution setting the date of hearing as November 21, 1994 at 7:00 p.m. in
the City Hall Council Chambers, on the above budget", be adopted and City Clerk
instructed to publish notice of same. Ayes: Seven.
Resolution adopted and upon approval of the Mayor assigned No. 1994-534.
103802 - Anders/Collier
that communication from Mayor John Rooff transmitting recommendation of a 3
percent pay increase for Tim Shea, Gary Schellhorn and Jack Loynachan and a salary
increase for Police Lieutenant Stainbrook, Fire Captains Deberg, and Phillips and
Fire Marshal Lanigan be received, placed on file and approved. Ayes: Seven.
Motion carried.
103803 - Collier/Jordan
that "Resolution approving communication from City Planning transmitting request
on behalf of the Waterloo Airport Commission for authorization to prepare a plan
of action for the expansion of the airport multimodal development tax increment
area" be adopted. Ayes: Seven.
Resolution adopted and upon approval of the Mayor assigned No. 1994-535.
MISCELLANEOUS
103804 - Mollenhoff/Anders
that the following beer and liquor licenses permit applications be received,
placed on file and approved and endorsed applications forwarded to Iowa Beer &
Liquor Control Department:
1. Beer/Liquor License Permit Application
Class B
Pizza Hut, 2825 Crossroads Blvd (Renewal)(Expires 12/31/95)(Includes Sunday
Sales)
2. Class C
Kwik Star,
Sales)
Holiday Stationstore, 1602 LaPorte
Sunday Sales)
Goose Creek Auto/Truck
Sunday Sales)
1214 Franklin (Location Transfer)(Expires 7/21/95)(Includes Sunday
Rd(Renewal)(Expires 11/30/95)(Includes
Plaza, 2424 Ranchero Rd(Expires 10/31/95)(Includes
3. Class A
The Supervisors Club, 3265
Sunday Sales)
Dewitt Rd (Renewal)(Expires 11/10/95)(Includes
Ayes: Seven. Motion Carried.
BONDS
103805 - Murphy/Jordan
that the report of the City Attorney and list of bonds filed with the City Clerk
through November 7, 1994 be received, placed on file and report and bonds be
approved. Ayes: Seven. Motion carried.
ORDINANCES TO BE ADOPTED - continued
103806 - Mollenhoff/Jordan
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,
as it pertains to allocation of funds", be received placed on file, considered and
passed for the second time. Ayes: Six. Nays: Getty. Motion carried.
103807 - Jordan/Anders
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Five. Nays: Mollenhoff and Getty. Motion not
carried.
103808 - Mayor Rooff declared that persons wishing to address the Council regarding the
proposed ordinance change for Bow Hunting of Deer could address the Council at
this time
November 7, 1994 Page 7
Ordinances to be Adopted - continued
Linda Nebbe, 2027 S. Union Rd, identified herself as a wildlife rehabilitator who
is opposed to killing deer by bow hunting. Ms. Nebbe questioned the validity of
the overpopulation claim and cited other natural reserves with high levels of deer
population. It was suggested that the issue is not so critical that it would not
allow sometime to study alternative solutions. Ms. Nebbe stated that the recovery
rate of deer injured by bow hunting is 50% versus 7% for hunters using guns. This
demonstrates that more injured animals will be fleeing during the hunting season.
Finally, Ms. Nebbe stated that this process is financially expedient for the DNR
but transfers costs to the City for enforcement measures because the 85 DNR
officers in the State of Iowa are currently overworked.
Gary Dusenburg, George Wyth State Park, informed the Council that at first he
foolishly herded deer back into George Wyth Park if found on the roadside but he
can no longer perform this service. This increases the risk to travelers who may
strike the deer.
Josh Colvin, 221 Miriam Drive, stated that his primary concern is for safety of
residents in the area. Mr. Colvin requested that someone answer three questions.
How many DNR officers are there to enforce this policy? Is it true that both
cities, Waterloo and Cedar Falls, must approve the bow hunting for it to occur?
Will the hunting be done in one year?
Mike Palmer, DNR officer, answered Mr. Colvin, stating that there are currently
three DNR officers working this area plus Black Hawk County Conservation officers
assist the DNR. The City of Cedar Falls allows bow hunting already but with a
different type of arrow. Mr. Palmer stated that it is unclear if one year of bow
hunting will accomplish the goals to thin the population but the DNR and Black
Hawk County Conservation would be checking the census.
Paul Reiter, 4th Ward Councilperson for City of Cedar Falls, informed the Council
that their Council did vote down a motion to change the type of arrow used. The
Cedar Falls ordinance does allow bow hunting but is limited to a flue -flue type
arrow.
Bill Dotzler, 210 Poplar, addressed the Council as President of the Friends of
Hartman Reserve. He stated that he believes the issue is being muddled by the
legality of bow hunting. The real issue is the need to protect a natural reserve
which contains upland forest including rare plants and animals. He is not a
hunter but stands in support of this issue. The Reserve is used by thousands of
people annually for education purposes and needs to be protected from the
decimation the deer have inflicted at the graze line. The low cost of bow hunting
is the best solution for all agencies involved.
Terese Evans, 6234 Heath Street, is concerned with the liability of allowing
hunting within the City limits. Ms. Evans inquired whether the City's liability
policy cover such an event? She has spoken to Mr. Palmer, councilperson from
Center Point and their City preferred to avoid the liability of allowing hunting
and used the alternative of tranquilizing the animals by dart. Ms. Evans asked
whether the Council is willing the accept this liability, has the City talked to
it's insurance agent and would the City consider have a referendum on this issue?
Ms. Evans submitted a petition containing 900 signatures opposing bow hunting.
Renata Nadler, 375 Four Seasons Drive, lives by Hartman Reserve and she has had
deer grazing in her yard. After grazing the vegetation does come back, in fact
the flood last year caused more damage to the area than the grazing by the deer.
Neighbors who are florists support this claim that the vegetation is not being
harmed by the deer.
Jennifer Bazan, 2353 Saratoga, is a regular visitor to Hartman Reserve. She has
noticed the graze line and the fawns that were seen this year appear to be
decimated. Ms. Bazan stated that she prefers bow hunters to sharp shooters being
allowed into the area.
Bob Power, 5342 Gilbertville Road, presented information to the Council on the
liability of bow hunting. Mr. Power cited that an article on the success of bow
hunting can be received from the Department of Fish and Game in California. A
call to the State of Iowa resulted in the information that only one accident had
occurred as a result of bow hunting during the last ten years.
James Walsh, City Attorney, addressed the questions raised regarding the liability
of the City if this ordinance is passed. Mr. Walsh informed the Council and
public that the City does carry a General Liability policy with limits of 2
million dollars and the Council would not have any individual liability in this
instance. However, having this coverage does not prohibit persons from suing the
City for any cause.
Murphy/Jordan
that the above oral and written comments be received and placed on file. Ayes:
Seven. Motion carried.
November 7, 1994
Ordinances to be Adopted - continued
103809 - Jordan/Murphy
Page 8
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 first time. Ayes: Five. Nays: Collier and Mollenhoff. Motion
carried.
103810 - Anders/Jordan
that rules requiring ordinances to be considered and voted for passage at two
prior meetings be suspended. Ayes: Five. Nays: Collier and Mollenhoff. Motion
not carried.
ADJOURNMENT
103811 - Mollenhoff/Jordan
that the Council adjourn at 8:49 p.m. Ayes: Seven. Motion carried.
Susan Fangman
City Clerk