Loading...
HomeMy WebLinkAbout07/25/94July 25, 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, July 25, 1994. Acting Mayor Pro Tem Frank Mollenhoff in the Chair. Roll Call: Jordan, Collier, Krizek, Mollenhoff, Murphy, Getty. Absent: Anders. Invocation by: Reverend Helen Seenster, Associate Pastor at Christian Fellowship Baptist Church Pledge of Allegiance: Police Chief Bernal Koehrsen Recognition of Week: Steamboat Garden, Joel Hundley 103316 - Murphy/Collier that the Agenda, as 7:00 p.m., be accep 103317 - Jordan/Collier that the Minutes, a 7:00 p.m., be accep proposed, for the Regular Session on Monday, July 25, 1994, at ted and approved. Ayes: Six. Absent: Anders. Motion carried. s proposed, for the Regular Session on Monday, July 18, 1994, at ted and approved. Ayes: Six. Absent: Anders. Motion carried. UNFINISHED BUSINESS 103318 - Getty/Murphy that communication from Superintendent of Water Pollution/Flood Control transmitting recommendation of award of contract in an amount not to exceed $180,136.50 to Nutri- Ject Systems Inc. of Hudson, Iowa, and any variances to cost to be brought back to Council for review, in conjunction with the F.Y. 1994/95 Water Pollution/Flood Control Sludge Disposal Contract, be received, placed on file and "Resolution approving said recommendation of award of contract", be adopted. Ayes: Six. Absent: Anders. Resolution adopted and upon approval by Acting Mayor Pro Tem assigned No. 1994-355. PETITIONS FROM PUBLIC 103319 - Murphy/Jordan that communication from City Engineer transmitting request of Paul Wynthein for a waiver for a concrete driveway to be located at 165 Martin Road, together with recommendation of approval of City Engineer, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Anders. Resolution adopted and upon approval by Acting Mayor Pro Tem assigned No. 1994-356. 103320 - Jordan/Krizek that communication from City Clerk transmitting request of UpDowntowners for a variance of the Noise Control Ordinance on August 26, 1994 from 5:00 to 11:00 p.m. in conjunction with UpDowntown Friday Night to be held at various locations in the downtown area, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Anders. Resolution adopted and upon approval by Acting Mayor Pro Tem assigned No. 1994-357. 103321 - Jordan/Collier that communication from City Clerk transmitting request of Broosters, 3555 University Avenue, for a variance of the Noise Control Ordinance on September 4, 1994 from 7:00 to 11:00 p.m. in conjunction with a live band playing in the beer garden, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Anders. Resolution adopted and upon approval by Acting Mayor Pro Tem assigned No. 1994-358. DOCUMENTS 103322 - Krizek/Collier that communication from Contract Compliance Officer transmitting Change Order No. 4 for a net increase of $8,732.44 for work performed by Peterson Contractors, Inc. in conjunction with Rath Demolition Project, Phase II, be received, placed on file and approved and Acting Mayor Pro Tem authorized to execute same. Ayes: Six. Absent: Anders. Motion carried. 103323 - Murphy/Collier that communication from the Metropolitan Transit Authority of Black Hawk County requesting City of Waterloo to guarantee an operating loan in the amount of $450,000.00, be received, placed on file and approved and Finance Manager authorized to execute same. Ayes: Six. Absent: Anders. Motion carried. July 25, 1994 Page 2 RESOLUTION TO BE ADOPTED 103324 Jordan/Murphy that "Resolution setting date of public hearing as August 15, 1994 at 7:00 p.m. in the City Hall Council Chambers on application for 50 units of Waterloo Housing Authority Section 8 Certificates", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Anders. Resolution adopted and upon approval by Acting Mayor Pro Tem assigned No. 1994-359. ORDINANCE TO BE ADOPTED 103325 - Jordan/Krizek that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 55 to Section 2A -7N Conditional Rezoning Certain Property", be received, placed on file, considered and passed for the second time. Prior to a vote on the above motion, the following discussion was heard. Gale Habinck, 504 S. Hackett Road, read a letter from his neighbor, Bob Hartman, 614 S. Hackett Road, stating he is greatly against the rezoning and would like the area to remain a single family neighborhood. Mr. Habinck stated that citizens are worried about the danger of spouses or other deranged persons attacking neighbors or the patrons of the YMCA. None of the neighbors are against the shelter but feel that there are other sites available that would not require rezoning and may be better placed for police protection. Chief Koehrsen reported that the property is in excess of the setback requirements, and he supports this as the right location due to the access for counseling and recreation services. Shelly Sheehy, with Community Housing Partnership for Operation Threshold, declared her concern for the issues of safety for women, children and the homeless in our community. She currently works with 30 agencies to coordinate assistance and finds the conditions of the current shelter deplorable. There is little privacy and routes of access are difficult. These conditions cause families to leave early which jeopardizes their safety. The new facility would accommodate more people and has close access to a bus route which can be used to reach other agencies for assistance. Fern Krueger, 403 Sycamore, People's Clinic, addressed the council on behalf of the victims. As a crisis counselor, she has contact with victims of physical and psychological abuse. She sees the need for this shelter and feels it is a critical part of crisis counseling. She urged the city council to show courage and place their support for the betterment of the community. Ernie Boykin, P.O. Box 1841, declared that spousal abuse has been around for years and requested the council vote their conscience. Dan Pawlak, 443 S. Hackett, explained that this hearing was not for the need for a shelter but rather an issue of rezoning. The people in the area wish to preserve their family neighborhood. He raised his concern for the amount of traffic which will be increased in a residential area. He reiterated that the residents are against placing another business in the area, and that they are not voting against the shelter but in opposition to the rezoning. Jim Gille, 534 S. Hackett, raised his concern for the traffic which will be generated by the shelter. He provided pictures of current street conditions and inquired whether residents will be assessed if repairs are needed. Mr. Gille questioned the ability of the project to blend into the neighborhood if plans include a soccer field or football field. The residents are concerned that the shelter be invisible to the public for safety reasons. Dave VanDee, Assistant City Planner, clarified that the current plans include a small area for parking and should not affect traffic patterns. He stated that any change to this site would need council approval as a result of the conditional zoning. The YMCA is zoned "C-2" Commercial District and does not need council approval to increase its parking area. Dick Grimm, Superintendent of Streets, assured Mr. Gille that the city is responsible for street repairs. Judy Carmack, Family Service League, divulged that the land size for the facility is one acre. Discussions have been held with the YMCA concerning plans for recreational areas. Privacy fencing is being included in these discussions. The site includes landscaping and trees on South Hackett. This project shows the cooperative effort of two agencies willing to provide a partnership of services. The goal of the project is to include victims in the community as they tend to isolate themselves. Following discussion, a vote was taken on the above motion, with the following result. Ayes: Six. Absent: Anders. Motion carried. July 25, 1994 Page 3 Ordinance to be Adopted - continued 103326 - Jordan/Murphy that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Anders. Motion carried. 103327 Getty/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: Six. Absent: Anders. Motion carried. 103328 - Krizek/Jordan that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 55 to Section 2A -7N Conditional Rezoning Certain Property", be adopted. Ayes: Six. Absent: Anders. Ordinance adopted and upon approval by Acting Mayor Pro Tem assigned No. 4030. BILLS PAYMENT 103329 - Krizek that "Resolution approving Schedule A918, pp. 1-62, in the amount of $1,023,501.45, dated July 25, 1994, a copy of which is on file in the Clerk/Auditor's office", be adopted. Ayes: Six. Absent: Anders. Resolution adopted and upon approval by Acting Mayor Pro Tem assigned No. 1994-360. NEW BUSINESS 103330 - Krizek/Murphy to instruct City Engineer to prepare plans, specifications, form of contract, etc. for F.Y. 1995 Sidewalk Repair Block Grant Program - Zone 6, Contract No. 469, be received, placed on file and approved. Ayes: Six: Absent: Anders. Motion carried. 103331 - Jordan/Collier that plans, specifications, form of contract, etc., for the F.Y. 1995 Sidewalk Repair Block Grant Program - Zone 6, Contract No. 469, be received and placed on file. Ayes: Six. Absent: Anders. Motion carried. 103332 - Getty/Murphy that "Resolution preliminarily approving plans, specifications, form of contract, etc. for the F.Y. 1995 Sidewalk Repair Block Grant Program - Zone 6, Contract No. 469", be adopted. Ayes: Six. Absent: Anders. Resolution adopted and upon approval by Acting Mayor Pro Tem assigned No. 1994-361. 103333 - Collier/Krizek that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as August 8, 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: Six. Absent: Anders. Resolution adopted and upon approval by Acting Mayor Pro Tem assigned No. 1994-362. 103334 - Getty/Jordan that communication from Superintendent of Traffic Operations transmitting request from the Highland Park Association that the city install 4 -way stops at the intersection of Prospect Avenue and Arizona Street, together with recommendation of denial, be received, placed on file and request be denied. Ayes: Five. Nays: Collier. Absent: Anders. Motion carried. 103335 Jordan/Murphy that communication from Fire Chief transmitting request to recall a laid -off fire fighter effective July 26, 1994, be received, placed on file and approved. Ayes: Six. Absent: Anders. Motion carried. 103336 - Getty/Murphy that communication from City Engineer transmitting the Proposed 1995 Street Improvements List be received, placed on file and "Resolution approving said proposed list", be adopted and Engineering Department instructed to prepare the plans and specifications for same. Prior to a vote on the above motion, the following discussion was heard. July 25, 1994 Page 4 New Business - continued Councilperson Krizek inquired whether the list can be modified if areas of need are identified. She reported that Bayard is in need of repair due to the excessive use as a detour for six corners. Councilperson Murphy perceived that we need approximately $6 million more in funding to adequately meet our needs. Councilperson Jordan does not support the current list, especially due to the lack of response to the problems in Cedar Terrace. Councilperson Collier stated that the 4th Ward needs more reconstruction and this list is not representative of those needs. Frank Wagner, 222 Kenilworth, declared that Kenilworth has only received patchwork repair during the last 18 years. He has notified the City Engineer and feels that there has been a lack of response on this highly traveled street. Mr. Wagner asserted that Ward 2 is not getting any share of the money, and he will not support any further issuance of the option tax if changes are not made. Ernie Boykin, P.O. Box 1801, raised her concerns in 1985, 1986 and now in 1994 with respect to the equity in spending the local option tax dollars. Less than 20 blocks in Ward 2 and Ward 4 are slated for work in 1995. Ms. Boykin questioned whether residents may not pay the taxes until 1996 when they may receive some service for their contribution. Voters supported this council because they represented fairness, trust and fortitude. Ms. Boykin requested that the council send the list back to the Engineers and find more fairness. Pierre Denault, 20 Lovejoy, perceives that more streets on the east side need repair than the west side. The list needs to be revised before approval. Mr. Denault raised concerns whether the current streets are being built to last. He also questioned whether specifications in the contracts are giving contractors a:blank check. He requests more supervision by the Engineering Department. Revision of the process is needed to alleviate traffic problems caused by glut of construction in one area. Councilperson Getty reminded the Council of the need to establish the list to allow surveyors to continue working over the next month. Councilperson Getty would like to pursue funding repairs through Block Grant funding in areas that qualify. Following discussion, a vote was taken on the above motion, with the following result. Ayes: Three. Nays: Jordan, Collier, Mollenhoff. Absent: Anders. Motion not carried. 103337 - Krizek/Collier that communication from City Engineer transmitting recommendation to add Field Street from South Hackett Road to Norris Court for an overlay to Contract No. 462, be received, placed on file and approved. Ayes: Six. Absent: Anders. Motion carried. 103338 - Murphy/Jordan that communication from Mayor John Rooff transmitting recommendation of appointment of Pamela St. John to the Board of Adjustment, with term expiration date of December 8, 1998, be received, placed on file and approved. Ayes: Six. Absent: Anders. Motion carried. Travel Requests 103339 - Krizek/Jordan that the following travel requests be received, placed on file and approved: 1. Frank Magsamen, Fire Chief, to attend Fire Rescue International 94 Conference in St. Louis, Missouri on August 27-31, 1994, with costs not to exceed $1,115.00, including the use of city vehicle. 2. Bruce Meisinger, Finance Manager, and Sue Fangman, City Clerk, to visit Ci,ty of Brookfield, Wisconsin on July 26-28, 1994 with Black Hawk. County Auditor staff to review financial system that is under consideration by the City of Waterloo and Black Hawk County, with costs not to exceed $475.00 for both, including the use of city vehicle. Ayes: Six. Absent: Anders. Motion carried. MISCELLANEOUS 103340 - Getty/Krizek that the following beer and liquor license permit applications be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: July 25, 1994 Page 5 Miscellaneous - continued 1. Beer/Liquor License Permit Application Class B Best Western Starlite Village, 214 Washington (Renewal) (Expires 8/16/95) (Includes Sunday Sales) 2. Beer/Liquor License Permit Application Class C Bo's, 118 Commercial (Renewal) (Expires 8/10/95) (Includes Sunday Sales) B.J.'s Bar & Billiards, 110 Ida Street (Renewal) (Expires 7/29/95) (Includes Sunday Sales) Fortune Tap, 328 Elm Street (Renewal) (Expires 7/28/95) Ayes: Six. Absent: Anders. Motion carried. BONDS 103341 - Krizek/Murphy that the report of the City Attorney and list of bonds filed with the City Clerk through July 25, 1994, be received, placed on file and report and bonds be approved. Ayes: Six. Absent: Anders. Motion carried. ORAL PRESENTATIONS 103342 Councilperson Collier requested that street lights be turned on at 1820 East 4th Street and in the 600 block of Elm Street. He also requested that a dumpster by NESCA be moved as it is obstructing vision for traffic at Lane and Fowler. Councilperson Krizek questioned whether the DNR will be allowing bow hunting. Paul Huting, Superintendent of Parks, replied that a work session will be scheduled in August for George Wyth Park. He suggested that the Park Commission and City Council may wish to schedule a joint work session. Pierre Denault, 205 Lovejoy, would like an update on the number of street lights that have been turned back on. Staff will prepare a report. Mr. Denault quoted a Waterloo Courier article with respect to the city policy not to bid engineering services. He inquired why this policy goes against the norm for public policy. Jim Walsh, City Attorney, answered that city policy is that personal service contracts do not always need to be bid. Personal services contracts are not representative of the lowest bid as best bid like commodity contracts. Citizens are protected by the diligence of city personnel with regard to these contracts. Mr. Denault supplied the council with information about recycling. Bill Algyre, 520 Center Street, brought a petition to the council asking for enforcement of the noise ordinance for cars and youth playing music as they travel through the area. Jordan/Murphy to receive and place on file petition requesting enforcement of the noise ordinance as it relates to cars and youth playing loud music. Ayes: Six. Absent: Anders. Motion carried. 103343 - Collier/Getty that the above oral comments be received, placed on file and that the Council adjourn at 8:50 p.m. Ayes: Six. Absent: Anders. Motion carried. Susan Fangman City Clerk