HomeMy WebLinkAbout10/03/94October 3, 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, October 3, 1994. Mayor John R. Rooff in
the chair. Roll Call: Jordan, Collier, Krizek, Mollenhoff, Anders, Murphy, Getty.
Invocation by: Reverend Rudy D. Jones, Savior Baptist Church
Pledge of Allegiance: Cub Scout Pack #528 --Donna Balk, Leader
Recognition of Week: Magee Construction Company, Wayne Magee, President
103634 -
103635 -
Murphy/Getty
that the Agenda,
at 7:00 p.m., be
Jordan/Anders
that the Minutes,
1994, at 7:00 p.m
Mayor Rooff read
Prevention Week.
as proposed, for the Regular Session on Monday, October 3, 1994,
accepted and approved. Ayes: Seven. Motion carried.
as proposed, for the Regular Session on Monday, September 26,
., be accepted and approved. Ayes: Seven. Motion carried.
a Proclamation declaring the week of October 9-15, 1994 as Fire
Presentation by Black Hawk County Safe Kids Coalition of 100 smoke detectors and
batteries.
HEARINGS
103636 - Jordan/Collier
that proof of publication of notice of public hearing on vacation, sale and
conveyance of the easterly 141 feet of the east -west alley generally located between
N. Barclay and Peek Streets, north of Newell Street to James Moses and Barbara M.
Van Arsdale, as published in the Waterloo Courier on September 26, 1994, be received
and placed on file. Ayes: Seven. Motion carried.
103637 - 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 and the recommendation of approval of the Planning,
Programming and Zoning Commission be received and placed on file. Ayes: Seven.
Motion carried.
103638 - Jordan/Collier
103639 -
103640 -
that "an Ordinance vacating the easterly 141 feet of the east -west alley generally
located between N. Barclay and Peek Streets, north of Newell Street", be received,
placed on file, considered and passed for the first time. Ayes: Seven. Motion
carried.
Collier/Murphy
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspended. Ayes: Seven. Motion carried.
Collier/Jordan
that the following ordinance be recorded as having been considered
the second and third times and now placed on its final adoption.
Motion carried.
103641 - Mollenhoff/Murphy
and passed for
Ayes: Seven.
that "an Ordinance vacating the easterly 141 feet of the east -west alley generally
located between N. Barclay and Peek Streets, north of Newell Street", be adopted.
Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4042.
nr:tober 3, 1994
Hearings - continued
103642 - Murphy/Jordan
Page 2
that "Resolution authorizing sale and conveyance of the easterly 141 feet of the
east -west alley generally located between N. Barclay and Peek Streets, north of
Newell Street to James Moses and Barbara M. Van Arsdale for $690.90", be adopted and
City Attorney instructed to prepare and deliver a deed of same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-476.
PETITIONS FROM PUBLIC
103643 - Anders/Mollenhoff
the request of Floyd J. Heskett for a waiver for a concrete driveway to be located
at 1420 Northey 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. 1994-477.
103644 - Murphy/Krizek
that communication from City Planner transmitting request of Little River
Development Company to rezone from "M-1" Light Industrial District to "R-4" Multiple
Family Residence District property generally located at 3217 Marnie Avenue to
construct multi -family housing development, together with recommendation of approval
of Planning, Programming and Zoning Commission, be received, placed on file and
"Resolution setting date of hearing as October 24, 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. 1994-478.
103645 - Getty/Mollenhoff
that communication from City Engineer transmitting request of Hagarty-Waychoff-
Grarup Funeral Home to temporarily place signs on city right of way on the southwest
corner of West Fourth and South Streets, southwest corner of West Fourth and
Wellington Streets, the northwest corner of Park Avenue and Wellington Street, the
alley entrance on the west side of 400 block of Park Avenue, and the alley entrance
on the east side of the 400 block of West Third Street in conjunction with F.Y. 1994
Street Reconstruction Program, Contract No. 461, 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. 1994-479.
103646 - Anders/Jordan
that communication from City Planner transmitting request of Gary and Vicki Sieben
to sell and convey Disposal Parcel I-2 for $20,000 generally located on the
southeast corner of Ansborough and Upton Avenues, subject to receiving approval of
curb cut, be received, placed on file and "Resolution setting date of hearing as
October 17, 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. 1994-480.
DOCUMENTS
103647 - Krizek/Collier
that communication from City Clerk transmitting an agreement with Benefit
Administrators of America Incorporated for third party claims administration
services for self-funded health insurance for the period of July 1, 1994 through
June 30, 1996, together with recommendation of approval, be received, placed on file
and "Resolution approving said agreement", be adopted and Mayor authorized to
execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-481.
nrtrber 3, 1994
Documents - continued
103648 - Anders/Mollenhoff
Page 3
that communication from City Engineer transmitting a right -of entry agreement with
Donald E. Miller in conjunction with Donald Street Drainageway Project, Contract No.
478, together with recommendation of approval, be received, placed on file and
"Resolution approving said right -of -entry agreement", be adopted and Mayor and City
Clerk authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-482.
ORDINANCES TO BE ADOPTED
103649 - Collier/Krizek
that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (131),
Fowler Street of Section 551, Parking Prohibited at all Times on Certain Streets;
and enacting in lieu thereof new Subsection (131) Fowler Street, of Section 551,
Parking Prohibited at all Times on Certain Streets and by adding a new Section 571C,
No Parking 10:00 p.m. to 6:00 a.m. (restricting parking in the 400 block of Fowler
Street)", be received, placed on file, considered and passed for the second time.
Ayes: Seven. Motion carried.
103650 - Mollenhoff/Jordan
that rules requiring ordinances to be considered and voted for passage to two prior
meetings be suspended. Ayes: Seven. Motion carried.
103651 - Murphy/Jordan
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.
103652 - Murphy/Jordan
that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (131),
Fowler Street of Section 551, Parking Prohibited at all Times on Certain Streets;
and enacting in lieu thereof new Subsection (131) Fowler Street, of Section 551,
Parking Prohibited at all Times on Certain Streets and by adding a new Section 571C,
No Parking 10:00 p.m. to 6:00 a.m. (restricting parking in the 400 block of Fowler
Street)", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4043.
103653 - Murphy/Krizek
that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo,
Iowa, by repealing Section 16-8(a), Fee for Service, of Chapter 16, Garbage and
Refuse; and enacting in lieu thereof a new Section 16-8(a), Fee for Service, of
Chapter 16, Garbage and Refuse", be received, placed on file, considered and passed
for the second time. Ayes: Seven. Motion carried.
103654 - Krizek/Collier
that rules requiring ordinances to be considered and voted for passage to two prior
meetings be suspended. Ayes: Seven. Motion carried.
103655 - Jordan/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.
103656 - Anders/Collier
that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo,
Iowa, by repealing Section 16-8(a), Fee for Service, of Chapter 16, Garbage and
Refuse; and enacting in lieu thereof a new Section 16-8(a), Fee for Service, of
Chapter 16, Garbage and Refuse", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4044.
October 3, 1994
BILLS PAYMENT
103657 - Krizek
Page 4
that "Resolution approving Schedule A918, pp. 1 - 68, dated October 3, 1994, in the
amount of $2,496,050.90, 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. 1994-483.
NEW BUSINESS
103658 - Mollenhoff/Collier
that communication from Superintendent of Traffic Operations transmitting
recommendation to install street light in the 2500 block of Independence Avenue, be
received, placed on file, and "Resolution approving said request", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-484.
103659 - Mollenhoff/Collier
that communication from Superintendent of Traffic Operations transmitting
recommendation to install a stop sign at the "T" intersection of South Hackett Road
where it intersects with the drive to the new John Deere Health Care Clinic before
going into Greenhill Road and instruct City Attorney to prepare ordinance of same,
be received, placed on file and approved. Ayes: Seven. Motion carried.
103660 - Getty/Anders
to instruct City Engineer to prepare plans, specifications, form of contract, etc.
for F.Y. 1995 Donald Street Drainageway, Contract No. 478, be received, placed on
file and approved. Ayes: Seven. Motion carried.
103661 - Krizek/Collier
that plans, specifications, etc., for the F.Y. 1995 Donald Street Drainageway,
Contract No. 478, be received and placed on file. Ayes: Seven. Motion carried.
103662 - Getty/Jordan
that plans, specifications, etc., for the F.Y. 1995 Donald Street Drainageway,
Contract No. 478, be received, placed on file and "Resolution preliminarily
approving the same", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-485.
103663 - Krizek/Anders
that "Resolution setting date of hearing on plans, specifications, etc., and taking
of bids as October 17, 1994, at 7:00 p.m. in the City Hall Council Chambers on the
above project", be adopted and City Clerk instructed to publish notice of hearing
accordingly. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-486.
Travel Requests
103664 - Murphy/Jordan
that the following travel requests, with expenses not to exceed amount shown, be
received, placed on file and approved:
1. Bob Stevenson, Administrative Director, to attend Iowa Municipal Finance Officers
Association Semi -Annual Meeting in Des Moines, Iowa on October 19-21, 1994, with
costs not to exceed $164.50, including the use of city vehicle.
2. Frank Magsamen, Fire Chief, to attend 1994 Fall Conference of Iowa Fire Chiefs
Association in Ames, Iowa on October 4-5, 1994, with costs not to exceed
$120.00, including the use of city vehicle.
October 3, 1994
Page 5
Travel Requests - continued
3. Dave Keidel, Chief Housing Inspector, to attend Iowa Chapter of NAHRO Fall
Conference in Des Moines, Iowa on October 19-21, 1994, with costs not to exceed
$320.00.
4. Shelly Davis, Timmie Gillam, Tina Hood, Ritchie Hesse, Mark McKinley, and Ethel
Smith, Police Officer Recruits, to attend 142nd Basic Level I Training School
in Johnston, Iowa on October 3 - December 16, 1994, with costs not to exceed
$11,759.34, including the use of city vehicle.
Ayes: Seven. Motion carried.
MISCELLANEOUS
103665 - Mollenhoff/Jordan
that the following beer and liquor license permit applications be received, placed
on file and approved and endorsed applications forwarded to Iowa Beer & Liquor
Control Department and the following application for outdoor service area be
received, placed on file and approved:
1. Beer License Permit Application
Class B
Metro 66, 821 Broadway (Renewal) (Expires 10/3/95) (Includes Sunday Sales)
2. Beer/Liquor License Permit Application
Class B
Cadillac Bowling Lanes, 650 LaPorte Road (Renewal) (Expires 10/5/95) (Includes
Sunday Sales)
The Dispensary, 2122 Kimball Avenue (Renewal) (Expires 9/30/95) (Includes Sunday
Sales)
Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
103666 - A presentation was made by Councilperson Getty to Mayor Rooff and the Strike A Match
fund in the amount of $100.00 on behalf of the Martin Masonic Lodge #624.
Dennis Huisman, President of the Black Hawk County Conservation Board, read a letter
to the Mayor and Council from his board requesting that the Council address the
growing deer population in the Hartman Reserve and George Wyth parks. Mr. Huisman
introduced the members of his board that were present at the meeting and informed
the Mayor and Council of the work that had been done by the Deer Task Force in
addressing this problem.
Mr. Ed Wilson, 3375 Inverness Road, addressed the Mayor and Council as a member of
the Deer Task Force. Mr. Wilson stated that the Task Force completed a study of the
deer population and this study convinced the Department of Natural Resources that
the new highway construction has resulted in an increased concentration of forty
deer per square mile. This number of deer per mile will result in a loss of
vegetation and deplete natural reserves. Mr. Wilson stated that the Task Force had
met with Paul Huting, Parks Superintendent and requested his involvement in
addressing this issue to the Council.
Bill Dotzler, 210 Poplar Street, comes before the Council representing Friends of
Hartman Reserve. Friends of Hartman Reserve support the recommendation of the Deer
Task Force and the Black Hawk County Conservation Board. Members of these groups
attended a field trip to areas in Illinois. These areas are currently addressing
a deer population of 100 deer per acre. Public funds are being used to hire a
sharpshooter and provide rendering service to alleviate this overpopulation. Mr.
Dotzler recommends the Council take immediate action to prevent this additional cost
to the public because of an increase in our deer population.
Linda Nebbe, 2027 S. Union Road, comes before the Council representing a large group
of citizens opposing bow hunting inside the city limits. Ms. Nebbe is presenting
information which disagrees with the Deer Task Force study. She attended the
Illinois field trip and stated that the number being used as an ideal deer
population in the Illinois area is 40 deer per acre. There is a concern about the
safety issue of bow hunting. Most deer are not instantly killed when shot by a bow
hunter. Hunters then participate in blood trailing as a function of the hunt. This
results in deer wandering while injured and may cause the deer to act erratically.
October 3, 1994 Page 6
Oral Presentations - continued
Ms. Nebbe believes that this is an inhuman method of killing. On October 19, 1994
Dr. Rutbers has been invited to speak in the area about alternate methods which
include using box traps and shooting the trapped animals, sterilization or using
PZP, an immune contraceptive.
Mike Palmer, DNR Conservation Officer, agrees that the potential problem has been
caused by the new road network. Mr. Palmer feels that bow hunting is an effective
tool which would not be intrusive. If no action is taken to allow bow hunting the
issue will become the City's problem. Mr. Palmer recommends the Mayor and Council
meet with both sides to address this issue.
Renata Nadler, 375 Four Seasons Drive, stated that science has observed that
thinning out a herd causes an increase in population. Ms. Nadler is concerned about
the trauma caused to small children who may witness an injured deer venturing into
neighborhood yards before dying. Ms. Nadler reiterated the alternatives of PZP
sterilization or the use of box traps as methods for controlling the deer
population. Neighborhood confrontations may result from this issue and she reminded
the Council of the need to handle life with respect.
Bob Holler, 5342 Gilbertville Road, comes to the Council as a bow hunter. He
informed the Council that no hunter would shoot deer near a residential area. He
stated only one person has been hurt by bow hunting in the area and that deer have
natural injuries comparable to the injuries caused by bow hunting.
Councilperson Anders stated that he has received requests to listen to both sides
of the issues.
Getty/Jordan
that the above oral comments be received and placed on file. Ayes: Seven. Motion
carried.
ADJOURNMENT
103667 - Mollenhoff/Jordan
that the Council adjourn at 8:10 p.m. Ayes: Seven. Motion carried.
Susan Fangman
City Clerk