Loading...
HomeMy WebLinkAbout08/15/94August 15, 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, August 15, 1994. Mayor John R. Rooff in the Chair. Roll Call: Collier, Krizek, Mollenhoff, Murphy, Getty. Absent: Jordan, Anders. Invocation by: Pastor Jim Carstensen, Good Shepard Lutheran Church Pledge of Allegiance: Cub Scout Pack #144, Cathy Barkow, Leader Recognition of Week: Fix Tire Co., Dan and Sharon Fix, Owners 103408 - Krizek/Getty that the Agenda, as proposed, for the Regular Session on Monday, August 15, 1994, at 7:00 p.m., be accepted and approved. Ayes: Five. Absent: Jordan, Anders. Motion carried. 103409 - Murphy/Collier that the Minutes, as proposed, for the Regular Session on Monday, August 8, 1994, at 7:00 p.m., be accepted and approved. Ayes: Five. Absent: Jordan, Anders. Motion carried. Mayor Rooff recognized Lindsey Coulter for her donation to Strike a Match Police Grant Fund. Mayor Rooff recognized the following employees for 30 years of service to the City of Waterloo: Lyle Ames, Lavern Link, Don Kieler and Gary Smith. HEARINGS 103410 - Mollenhoff/Murphy that proof of publication of notice of public hearing on an application to the U.S. Department of Housing and Urban Development (HUD) for 50 units of funding for Section 8 Rental Housing Certificates or Vouchers, as published in the Waterloo Courier on July 29, 1994, be received and placed on file. Ayes: Five. Absent: Jordan, Anders. Motion carried. 103411 - 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. Ayes: Five. Absent: Jordan, Anders. Motion carried. 103412 - Murphy/Collier that "Resolution approving said application", be adopted. Ayes: Five. Absent: Jordan, Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-392. UNFINISHED BUSINESS 103413 - Collier/Mollenhoff that communication from City Engineer transmitting recommendation of award of contract in the amount of $28,104.97 to Borwig Building Service of Waterloo, Iowa in conjunction with F.Y. 1995 Sidewalk Repair Block Grant Program - Zone 6, Contract No. 469, be received, placed on file and "Resolution approving said award of contract", be adopted. Ayes: Five. Absent: Jordan, Collier. Resolution adopted and upon approval by Mayor assigned No. 1994-393. 103414 - Getty/Murphy that "Resolution reaffirming use of FY93 flood funds and approving the following list of activities", be adopted. a. Acquisition of property in the flood plain $328,000 b. Public facilities and improvements (Donald Street) 65,000 c. Relocation 200,000 d. Housing rehabilitation (city-wide) 400,000 e. Planning (Recert Office) 15,000 f. Program Administration 100,000 Ayes: Five. Absent: Jordan, Anders Resolution adopted and upon approval by Mayor assigned No. 1994-394. August 15, 1994 Unfinished Business - continued 103415 - Murphy/Getty that "Resolution approving use of FY94 flood a. Acquisition of property in the flood plain b. Relocation c. Housing Rehabilitation (city-wide) d. Program Administration e. Unprogrammed Funds and authorizing use of unprogrammed funds in usage for the following types of activities adopted. Page 2 funds for the following activities: $662,000 348,000 150,000 75,000 132,000 the amount of $132,000 for city-wide through the amendment process", be ► Repair, replacement or restoration of public facilities, such as water and sewer facilities, roads, community centers and public buildings, including those for the general conduct of government (but not new construction of buildings for the general conduct of government). Repair, replacement or restoration of residential dwellings and facilities. Economic development, only if funds are used for repair, replacement or restoration of commercial or industrial facilities. Acquisition, demolition and removal of buildings from weather -damaged areas, when replacement of those buildings in more suitable areas is also assisted with these funds. Relocation expenses of flood victims, when required by another permitted activity. Continuation of any public services interrupted by weather conditions whether or not these were previously funded with CDBG. Planning related to recovery efforts. Reimbursement of costs for activities otherwise immediate recovery needs not reimbursable by FEMA. Matching funds for FEMA or other Federal grants, otherwise eligible under Title I, and used to facilities or continue services interrupted by essential to public health or safety. eligible hereunder to meet when related to activities repair, replace or restore weather-related disasters, Getty/Mollenhoff that the above motion be amended to require the City Council to review the performance of senior management staff of the Community Development Department at the September 6, 1994 meeting. Ayes: Five. Absent: Jordan, Anders. Motion carried. 103416 - Prior to a vote on the original motion, as amended, the following discussion was heard. Mr. James Walsh, City Attorney, stated that this was within the right of the Council and he suggested that the Council let the individuals know in advance so that the item may be moved to close session if requested. Councilperson Mollenhoff conveyed that there was no impropriety of monies by the staff but rather staff were not following standard operating procedures set by the Council for all departments. Cheryl Christiansen, 1156 Rachael St, inquired if funds were for use only in Sherwood Park area or are they available anywhere in the City and if the City was required to provide matching funds. Assistant Community Development Director Rich Earles explained that funds were available for any flood damaged area in the City and no matching funds are needed. Ms. Christiansen verified that the Community Development Board report to the Mayor and Council for direction. Ms. Christiansen asked for an explanation of the need for relocation funds for renters and inquired if residents were allowed to move outside the City limits. Mr. Earles explained that there is a requirement by Federal relocation guidelines that renters are given relocation funds if the rent for new comparable housing is more expensive. Guidelines also state that the program cannot dictate where residents wish to relocate. After discussion, a vote was taken on the original motion, as amended, with the following result. Ayes: Five. Absent: Jordan, Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-395. August 15, 1994 Page 3 PETITIONS FROM PUBLIC 103417 - Mollenhoff/Murphy that communication from City Engineer transmitting the request of La Vern D. Moyer for a waiver for a concrete driveway to be located at 1827 Coachman Drive, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Jordan, Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-396. 103418 - Getty/Collier that communication from City Planner transmitting request of Schenk Engineering Company 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 purpose of constructing Lakeview Lodge on the south side of Southbrooke Drive, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 22, 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: Five. Absent: Jordan, Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-397. 103419 Murphy/Krizek that communication from City Planner transmitting request of Virgil L. Eilers to rezone from "R-2" One and Two Family Residence District to "M-1" Light Industrial District property generally located at the end of Columbia Street where it intersects with vacated Litchfield Street to continue operating a pallet repair and storage business, together with recommendation of Planning, Programming & Zoning Commission to rezone to "C-1" Commercial District/"C-Z" Conditional Zoning, be received, placed on file and "Resolution setting date of hearing as September 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: Five. Absent: Jordan, Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-398. 103420 Collier/Getty that communication from City Planner transmitting request of Schenk Engineering Company on behalf of Allen Memorial Hospital to rezone from "A-1" Agricultural District to "R-4" Multiple Family Residence District/"C-Z" Conditional Zoning property generally located at the southwest corner of Ridgeway Avenue and West 4th Street to develop for a clinic and medical office park, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as September 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: Five. Absent: Jordan, Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-399. 103421 - Murphy/Mollenhoff that communication from City Planner transmitting request of Schenk Engineering Company for a "R -4,R -P" site plan amendment for the Guernsey Farm site generally located south of U.S. Highway 20 and east of Hammond Avenue to develop the westerly 20 acres along Hammond Avenue for medical, office, commercial and residential uses, including a multi -story retirement complex, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as September 6, 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: Five. Absent: Jordan, Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-400. DOCUMENTS 103422 Mollenhoff/Krizek that communication from the Forestry Coordinator transmitting Contracts, Bonds and Certificates of Insurance in the amount of $55,490.00 from Jordan's Nursery of Cedar Falls, Iowa in conjunction with FEMA Tree Replacement Program, Phase II, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Jordan, Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-401. August 15, 1994 Page 4 Documents - continued 103423 - Getty/Collier that communication from Administrative Director transmitting Change Order No. I-2 for a net increase of $1,551.65 for work performed by Prairie Construction Co. Inc. in conjunction with Byrnes and Gates Water Slide Project be received, placed on file and approved and Mayor authorized to execute same. Ayes: Five. Absent: Jordan, Anders. Motion carried. 103424 - Mollenhoff/Murphy that communication from City Engineer transmitting Contracts, Bonds and Certificates of Insurance in the amount of $28,104.97 from Borwig Building Service of Waterloo, Iowa in conjunction with F.Y. 1995 Sidewalk Repair Block Grant Program - Zone 6, Contract No. 469, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Jordan, Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-402. 103425 - Krizek/Collier that communication from Superintendent of Traffic Operations transmitting Excavation Notification/One Call Agreement with Waterloo Water Works, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Five. Absent: Jordan, Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-403. 103426 - Murphy/Mollenhoff that communication from Community Development Administrator transmitting proposed acquisition contract form to clearly identify that acquisition contracts are subject to city council approval and to clarify acquisition program language for use of Federal Disaster Recovery Assistance funds be received, placed on file and approved. Ayes: Five. Absent: Jordan, Anders. Motion carried. RESOLUTIONS TO BE ADOPTED 103427 - Getty/Collier that "Resolution authorizing commencement of condemnation proceedings for Parcel 34E (123 Ash Street) in conjunction with Martin Luther King, Jr. Drive Project, HDP - 9107(1) --79-07", be adopted. Ayes: Five. Absent: Jordan, Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-404. 103428 - Murphy/Krizek that "Resolution amending the Administrative Plan and Admission Policy for the Waterloo Section 8 Housing Programs pertaining to the tenant reimbursement policy", be adopted. Ayes: Five. Absent: Jordan, Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-405. 103429 - Mollenhoff/Collier that "Resolution authorizing the Mayor to execute a grant application to Iowa Juvenile Justice for Crime Prevention in the amount of $250,000, with a match of an additional $62,500 from locally funded programs on behalf of Village Initiative", be adopted. Ayes: Five. Absent: Jordan, Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-406. 103430 - Krizek/Collier that "Resolution reallocating FY95 budgeted program funding for purposes of meeting Iowa Juvenile Justice for Crime Prevention match requirement, including the Boys and Girls Club in the amount of $24,441, the Grout Museum in the amount of $20,108, and the Waterloo Recreation Commission in the amount of $17,951", be adopted. Ayes: Five. Absent: Jordan, Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-407. ORDINANCES TO BE ADOPTED 103431 - Getty/Murphy 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 (deferred from August 8, 1994)", be received, placed on file, considered and passed for the second time. August 15, 1994 Ordinances to be Adopted - continued Prior to a vote on the above motion, the following discussion was heard. Page 5 Councilperson Mollenhoff expressed his unwillingness to support the ordinance as stated. Cheryl Christiansen, 1156 Rachael, suggested the item be tabled to a later date for an open discussion to be held. She recommended that the area churches be notified of this ordinance change. Reverend Alvin Stewart, Immanuel Southern Baptist Church, commented that this ordinance would bind government and church together in taxation and requested that the issue be tabled. Councilperson Krizek stated that the issue can be discussed at the next reading if anyone wishes to comment. Councilperson Mollenhoff observed that the ministerial should be notified of the change. Reverend Burt, 1208 Randolph, reiterated that as a member of the ministerial association he doesn't approve of pulling the state and church together in taxation. Ernie Boyken, PO Box 1801, identified the distinction that the ordinance was not assessing the church sanctuary costs but assessing any businesses operating in the church facility a $20.00 annual fee. Alvin Stewart, Immanuel Baptist Church, pointed out that normally businesses in the churches are not making a profit but providing a ministry to their community. Councilperson Mollenhoff was appointed to contact the ministerial group and return with a recommendation on setting a date of hearing. The mayor stated that this motion will be tabled next week to allow for the input of citizens. Following discussion, a vote was taken on the above motion with the following result. Ayes: Four. Nays: Mollenhoff. Absent: Jordan, Anders. Motion carried. 103432 - Murphy/Collier that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, Chapter 19, Housing, as it pertains to definitions, fees, regular rental inspections, space and occupancy standards and acceptability criteria, early warning fire protection system, and fire extinguishers (deferred from August 8, 1994), be tabled indefinitely. Ayes: Five. Absent: Jordan, Anders. Motion carried. BILLS PAYMENT 103433 - Krizek that "Resolution approving Schedule A918, pp. 2-58, in the amount of $381,236.50, dated August 15, 1994, a copy of which is on file in the City Clerk's office", be adopted. Ayes: Five. Absent: Jordan, Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-408. NEW BUSINESS 103434 - Murphy/Collier that communication from City Planner transmitting proposed boundaries for a seventh urban revitalization district known as Logan Plaza Revitalization Area Plan No. 2 consisting of 18.97 acres generally located on the west side of Logan Avenue, north of the extension of Heath Streets, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as September 6, 1994 at 7:00 p.m. in the City Hall Council Chambers on the above proposed urban revitalization district", be adopted and City Clerk instructed to publish notice of same. Ayes: Five. Absent: Jordan, Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-409. 103435 - Mollenhoff/Murphy that communication from Superintendent of Traffic Operations transmitting recommendation that parking be restricted on the south side of Sager Avenue from Progress to the Cul -de -Sac to the east, be received, placed on file and City Attorney instructed to prepare ordinance of same. Ayes: Five. Absent: Jordan, Anders. Motion carried. August 15, 1994 New Business - continued 103436 - Krizek/Collier Page 6 that communication from Superintendent of Traffic Operations transmitting recommendation to install street lights at the intersection of E. 4th and Hawver Court, the middle of the 600 block of Elm Street, and the east end of Falls Avenue at Highway 218 be received, placed on file and "Resolution approving installation of said street lights", be adopted and City Clerk instructed to notify Midwest Power. Ayes: Five. Absent: Jordan, Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-410. 103437 - Mollenhoff/Murphy that "Resolution setting date of hearing as September 12, 1994 at 7:00 p.m. in the City Hall Council Chambers on amendments to the 1993 Code of Ordinances, as amended, Chapter 19, Housing", be adopted and City Clerk instructed to publish notice of same. Prior to a vote on the above motion, the following discussion was heard. Councilperson Krizek observed that the date of hearing had been requested for a night on which there was no council meeting. Councilperson Mollenhoff explained the changes to the ordinance should not be met with objection by the landlords so a separate hearing time may not be needed. Cheryl Christiansen, 1156 Rachael, questioned why this item was on the agenda twice. Mayor Rooff explained that these are two separate and different ordinances. The first ordinance was not acceptable to members of the Council so it was tabled indefinitely. Item number 25 is setting a date of hearing to address changes which have been reviewed by Council as needed for non-compliance with safety violations, charges for not showing up for appointments for inspection, inspection of mobile homes and escalating the inspection schedule for properties that have received two substantiated complaints in one year. The hearing will not include discussion on the tabled ordinance. Following discussion, a vote was taken on the above motion with the following result. Ayes: Five. Absent: Jordan, Anders. Resolution adopted and upon approval by Mayor assigned No. 1994-411. 103438 - Collier/Mollenhoff that communication from Mayor John R. Rooff transmitting recommendation of appointment of Walter Reed to the position of Human Rights Director, effective August 16, 1994, be received, placed on file and approved. Ayes: Five. Absent: Jordan, Anders. Motion carried. Travel Request 103439 - Getty/Murphy that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Steve Bagenstos, Police Crime Lab Officer, to attend Practical Crime Scene training in Evanston, Illinois on September 26-30, 1994, with costs not to exceed $1,142.00, including the use of city vehicle. Ayes: Five. Absent: Jordan, Anders. Motion carried. MISCELLANEOUS 103440 - Mollenhoff/Krizek that the following beer and liquor license permit application be received, placed on file and approved, and endorsed application forwarded to the Iowa Beer & Liquor Control Department: 1. Beer License Permit Application Class E Quik Trip, 117 San Marnan Drive (Renewal) (Expires 9/4/95) (Includes Sunday Sales) Ayes: Five. Absent: Jordan, Anders. Motion carried. BONDS 103441 - Krizek/Getty that the report of the City Attorney and list of bonds filed with the City Clerk through August 15, 1994, be received, placed on file and report and bonds be approved. Ayes: Five. Absent: Jordan, Anders. Motion carried. August 15, 1994 Page 7 ORAL PRESENTATIONS 103442 - Ernie Boyken, PO Box 1801, asked if there was an update on the request for Community Development to identify funds available for use in street construction. Councilperson Getty has not received an answer to this request but will gather information from staff in response to Ms. Boyken. Mayor Rooff announced that the Mayor's Call In Show will be resumed in September. Craig Davis Carr, 624 Independence, stated that he is working as a supervisor for the Youth Initiative program this summer. Mr. Carr is working to clean up Sullivan Park by providing occupation to our youth. Mr. Carr is organizing a jamboree to recognize and reward the work of the youth in the park. He invited the public to come to the jamboree and see the results of their efforts. The Ministers and Craft Cochran are supporting this effort. Mr. Carr offered a solution to the breaking of windows on the Fourth Street Bridge. The installation of a chain link fence may provide protection to the panels from both sides. Birthday congratulations were issued to Councilpersons Collier and Mollenhoff. Getty/Murphy that the above oral comments be received, placed on file and that the Council adjourn at 8:30 p.m. Ayes: Five. Absent: Jordan, Anders. Motion carried. Susan Fangman City Clerk