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HomeMy WebLinkAbout08/22/94August 22, 1994 The Council of the City of Waterloo, Iowa, met in Regular Session at Friendship Village Retirement Center, 600 Park Lane, at 7:00 p.m., on Monday, August 22, 1994. Mayor John R. Rooff in the Chair. Roll Call: Jordan, Collier, Mollenhoff, Anders, Murphy, Getty. Absent: Krizek. Invocation by: Reverend Gerald Dolf, United Methodist Urban Minister Pledge of Allegiance: Cub Scout Pack #106-- Dustin Cose, Steven Junkman, Jason McKenna, Russell Blacksmith, and Christopher Cose, Leader Recognition of Week: Black Hawk Rental Services, Inc., James and Leon McClain 103443 - Mollenhoff/Murphy that the Agenda, as proposed, for the Regular Session on Monday, August 22, 1994, at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Krizek. Motion carried. 103444 - Jordan/Collier that the Minutes, as proposed, for the Regular Session on Monday, August 15, 1994, at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Krizek. Motion carried. Lisa Ann Campbell and Michael Dean Albers were sworn -in as Police Officers for the City of Waterloo. ASSESSMENT HEARING 103445 Mollenhoff/Jordan that proof of publication of notice of public hearing on F.Y. 1995 Sidewalk Repair Assessment Program - Zone 6, Contract No. 470, as published in the Waterloo Courier on August 5, 1994 and August 12, 1994, be received and placed on file. Ayes: Six. Absent: Krizek. Motion carried. 103446 - Murphy/Collier that objection received from Scott Hambly, 1018 Bertch, be received and placed on file. Ayes: Six. Absent: Krizek. Motion carried. 103447 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Eric Woelber, 1121 Hawthorne Ave, inquired if he could lower the cost of the assessment to his property if he removed the defective square before the contractor repaired the sidewalk. Eric Thorson, City Engineer, informed Mr. Woelber that removal of the sidewalk would require a contractor's bond and it is beyond the date that this could be done. Robert Steffen, 1170 Mitchell Ave, informed the Mayor and Council that he hired a contractor for the required repairs but the assessment letter was not clear regarding the bonding requirements for the work to be permitted. His contractor was unable to attain a bond and permit in the time allowed. He was primarily concerned with the fact that the letter of notice to repair does not clarify the type of bond required to obtain a permit. Mayor Rooff instructed Mr. Thorson, City Engineer, to work with Mr. Steffen to resolve this situation and improve notification language for further repair programs. Mr. Steffen will be allowed to repair the sidewalk outside the assessment program if the contractor obtains the correct bonds and permits. Mollenhoff/Collier that the hearing be closed file. Ayes: Six. Absent 103448 - Getty/Jordan that "Proposed Resolution Repair Assessment Program Absent: Krizek. and oral and written comments be received and placed on . Krizek. Motion carried. of Necessity, as proposed, for the F.Y. 1995 Sidewalk - Zone 6, Contract No. 470", be adopted. Ayes: Six. Resolution adopted and upon approval by Mayor assigned HEARINGS AND BIDS 103449 - Anders/Mollenhoff that proof of publication of notice of public hearing on of contract, etc. and taking of bids for the F.Y. 1995 Program - Zone 6, Contract No. 470, as published in the 5, 1994, be received and placed on file. Ayes: Six. carried. No. 1994-412. plans, specifications, form Sidewalk Repair Assessment Waterloo Courier on August Absent: Krizek. Motion August 22, 1994 Page 2 Hearings and Bids - continued 103450 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Collier/Jordan that the hearing be closed. Ayes: Six. Absent: Krizek. Motion carried. 103451 - Anders/Murphy that "Resolution confirming the approval of plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-413. 103452 - Murphy/Jordan that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-414. 103453 - Getty/Collier to receive, file and instruct Clerk to open and read bids and refer to City Engineer for review and recommendation (see CR 103476 for award of contract): Bidder Bid Bond Bid Amount Borwig Building Service, Waterloo, IA 5% $31,189.55 Mike Dolan Concrete, Waterloo, IA 5% $33,753.54 Jim Sands Construction, Cedar Falls, IA 5% $30,455.25 Ayes: Six. Absent: Krizek. Motion carried. HEARINGS 103454 - Mollenhoff/Murphy that proof of publication of notice of public hearing on request of Schenk Engineering on behalf of Friends of Faith, Inc. to vacate a portion of the 8 foot utility easement generally located on the southerly side of Lot 8, in Southbrooke Second Addition for the construction of Lakeview Lodge on the south side of Southbrooke Drive, as published in the Waterloo Courier on August 16, 1994, be received and placed on file. Ayes: Six. Absent: Krizek. Motion carried. 103455 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and there were none. 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: Six. Absent: Krizek. Motion carried. 103456 - Getty/Collier that "an Ordinance vacating a portion of the 8 foot utility easement generally located on the southerly side of Lot 8, in Southbrooke Second Addition", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Krizek. Motion carried. 103457 - Mollenhoff/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Krizek. Motion carried. 103458 - 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: Six. Absent: Krizek. Motion carried. 103459 - Anders/Mollenhoff that "an Ordinance vacating a portion of the 8 foot utility easement generally located on the southerly side of Lot 8, in Southbrooke Second Addition", be adopted. Ayes: Six. Absent: Krizek. Ordinance adopted and upon approval by Mayor assigned No. 4033. August 22, 1994 PETITIONS FROM PUBLIC 103460 - Getty/Anders Page 3 that communication from City Engineer transmitting request of George A. Loveall for a waiver for a concrete driveway to be located at 155 Martin Road, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-415. 103461 - Getty/Anders that communication from City Engineer transmitting request of Mary Stoelting for a waiver for a concrete driveway to be located at 3773 Cedar Terrace Drive, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-416. 103462 - Getty/Anders that communication from City Engineer transmitting request of Stephen L. Soelberg for a waiver for a concrete driveway to be located at 335 Park Road, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-417. 103463 - Anders/Jordan that communication from March of Dimes Birth Defects Foundation requesting authorization to hold the annual March of Dimes WalkAmerica on Saturday, May 6, 1995, to begin and end at the Waterloo Municipal Stadium, be received, placed on file and approved. Ayes: Six. Absent: Krizek. Motion carried. REPORTS 103464 - Mollenhoff/Anders that "Resolution approving Standards Submission Policy", be adopted. Ayes: Resolution adopted and upon approval by DOCUMENTS 103465 Getty/Collier of Documentation for Accounts Payable Six. Absent: Krizek. Mayor assigned No. 1994-418. that communication from Water Pollution/Flood Control Superintendent transmitting Contracts, Bonds and Certificates of Insurance in the amount of $180,136.50 from Nutri-Ject Systems, Inc. of Hudson, Iowa in conjunction with FY 1994-95 Biosolids Hauling Contract, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-419. RESOLUTIONS TO BE ADOPTED 103466 - Collier/Mollenhoff that "Resolution approving the acquisition contract payment in $9,500.00 and accepting the deed for Parcel No. 33E (Gladys L. Moore) with Martin Luther King, Jr. Drive Project", be adopted. Ayes: Krizek. the amount of in conjunction Six. Absent: Resolution adopted and upon approval by Mayor assigned No. 1994-420. ORDINANCES TO BE ADOPTED 103467 - Jordan/Collier that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, Chapter 14, Fire Prevention and Protection, as it pertains to annual life safety permits, licenses, and certification fees, and flammable combustible liquids", be deferred to September 19, 1994. Ayes: Six. Absent: Krizek. Motion carried. 103468 - Getty/Jordan that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, by repealing Chapter 23%, Litter Control in its entirety, and enacting in lieu thereof a new Chapter 23%, Litter Control", be received, placed on file, considered and passed for the first time. August 22, 1994 Page 4 Ordinances to be Adopted - continued Prior to a vote on the above motion, the following comments were heard. Forest Dillavou, 1725 Huntington Rd, requested clarification regarding the change in the ordinance to the storage of vehicles. Mark Linda, Black Hawk County Health Department, explained that the ordinance allows for vehicles to be placed in storage but that the storage location must be an enclosed building. Vehicles whose plates have been placed in storage may not be parked in the open. Mr. Dillavou declared that this change takes away residents' freedom rights. He takes offense to the Mayor and Council not allowing residents their right to due process. Cheryl Christiansen, 1156 Rachael, requested that staff explain the changes proposed to the ordinance. Mr. Linda explained that the changes to the ordinance are taking the violation enforcement out of the magistrates court system. This will enable cleanup to be started if violations are not resolved in the allotted time. Ms. Christiansen reiterated that this ordinance is taking freedoms away from the public. Ms. Christiansen stated that past ordinance changes such as the banning of burning, that have limited rights of residents seem to create additional hazards by increasing illegal dumping. Following discussion, a vote was taken on the above motion with the following result. Ayes: Six. Absent: Krizek. Motion carried. 103469 - Collier/Anders that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Krizek. Motion carried. 103470 - Anders/Mollenhoff 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. Absent: Krizek. Motion carried. 103471 - Collier/Jordan that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, by repealing Chapter 23%, Litter Control in its entirety, and enacting in lieu thereof a new Chapter 23%, Litter Control", be adopted. Ayes: Six. Absent: Krizek. Ordinance adopted and upon approval by Mayor assigned No. 4034. BILLS PAYMENT 103472 Getty that "Resolution approving Schedule A918, pp. 1-50, the amount of $1,647,111.43, dated August 22, 1994, a copy of which is on file in the City Clerk's office", be adopted. Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-421. Travel Requests 103473 - Anders/Collier 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 League of Iowa Municipalities 96th Annual meeting in Dubuque, Iowa on September 14-16, 1994, with costs not to exceed $245.00, including the use of city vehicle. 2. Don Temeyer, City Planner, to attend League of Iowa Municipalities 96th Annual meeting in Dubuque, Iowa on September 14-16, 1994, with costs not to exceed $225.00, including the use of city vehicle. 3. Deborah Collett, Housing Director; David Wilson, Housing Inspector; and Wanda Hill, Housing Coordinator, to attend annual Iowa Association of Housing Officials Fall Training Conference in Iowa City, Iowa on September 15-16, 1994, with costs not to exceed $464.81, including the use of city vehicle. 4. Deborah Collett, Housing Director; Gladys Rainey and Julie Snider, Housing Coordinators, to attend Iowa Chapter of NAHRO Fall Conference in Des Moines, Iowa on October 19-21, 1994, with costs not to exceed $935.70, including the use of city vehicle. Ayes: Six. Absent: Krizek. Motion carried. August 22, 1994 MISCELLANEOUS 103474 - Mollenhoff/Jordan Page 5 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: 1. Beer License Permit Application Class C Christian T. Express, 2332 Falls Avenue (Renewal) (Expires 8/27/95) (Includes Sunday Sales) 6 Corners Express, 1625 West 4th Street (Renewal) (Expires 9/14/95) (Includes Sunday Sales) 2. Wine License Permit Application Class B Osco Drug Store #2386, 2068 Logan Avenue (Renewal) (Expires 9/16/95) 3. Beer/Liquor License Permit Application Class C 929 Tap, 929 West 5th Street (Renewal) (Expires 8/30/95) Ayes: Six. Absent: Krizek. Motipn carried. BONDS 103475 - Jordan/Collier that the report of the City Attorney and list of bonds filed with the City Clerk through August 22, 1994, be received, placed on file and report and bonds be approved. Ayes: Six. Absent: Krizek. Motion carried. 103476 - Jordan/Collier that "Resolution authorizing award of contract to Jim Sands Construction of Cedar Falls, Iowa, in the amount of $30,455.25 for F.Y. 1995 Sidewalk Repair Assessment Program - Zone 6, Contract No. 470", be adopted (see CR 103453 for bid opening). Ayes: Six. Absent: Krizek. Resolution adopted and upon approval by Mayor assigned No. 1994-422. ORAL PRESENTATIONS 103477 - Community Development Director Mark Boesen provided the Mayor and Council with a proposal for a cooperative effort with the Community Development Board and Midwest Gas for energy improvements in the housing rehabilitation program. Midwest Power is proposing to budget $95,000 in funds for use by the CDBG rehabilitation program. A letter of approval of this program will be needed from the Mayor and Council for the Iowa Utilities Board. Staff was instructed to prepare the letter for council action. Judy Thorson, Special Events Chairperson of the UpDowntowners, invited the public to attend their special event, UpDownTown Friday Night, to be held on Friday, August 26, 1994. She announced that participating businesses were involved in a contest for a $500 savings bonds provided by Jordan Electric. A drawing would be held from cards that provided proof of patronage to downtown merchants. Music and refreshments will be provided at numerous locations in the downtown area. Councilperson Collier provided the public with a notice of a meeting for the Gates Park Neighborhood Association to be held at St. Mary's Catholic Church. A Jamboree has been planned at Sullivan Park on August 27, 1994. Games and contests will be held throughout the day. Murphy/Jordan that the above oral comments be received, placed on file and the Council adjourn at 8:05 p.m. Ayes: Six. Absent: Krizek. Motion carried. Susan Fangman City Clerk