HomeMy WebLinkAbout08/08/94August 8, 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 8, 1994. Mayor John R. Rooff in
the Chair. Roll Call: Jordan, Collier, Krizek, Mollenhoff, Anders, Murphy, Getty.
Invocation by: Pastor Timothy J. McClellan, Cedar Valley Community Church
Pledge of Allegiance: Boy Scout Troop #17 --Gary Wendel, Leader
Recognition of Week: Northland Products Co. Inc., Robert W. Petersen, President
103379 - Krizek/Mollenhoff
that the Agenda, as amended, for the Regular Session on Monday, August 8, 1994, at
7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried.
103380 - Jordan/Murphy
that the Minutes, as proposed, for the Regular Session on Monday, August 1, 1994,
at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried.
Mr. Wayne Billman presented flags to the City.
HEARINGS AND BIDS
103381 - Mollenhoff/Jordan
that proof of publication of notice of public hearing on plans, specifications, form
of contract, etc. and taking of bids for the F.Y. 1995 Sidewalk Repair Block Grant
Program, Contract No. 469, as published in the Waterloo Courier on August 1, 1994,
be received and placed on file. Ayes: Seven. Motion carried.
103382 - 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 oral and written comments be received and placed on
file. Ayes: Seven. Motion carried.
103383 - Murphy/Jordan
that "Resolution confirming the approval of plans, specifications, form of contract,
etc. in conjunction with said project", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-379.
103384 - Collier/Anders
that "Resolution ordering construction", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-380.
103385 - Getty/Collier
to receive, file and instruct City Clerk to open and read bids and refer to City
Engineer for review and recommendation:
Bidder Bid Bond Bid Amount
Mike Dolan Concrete & Masonry, Waterloo, IA 5% $29,537.02
Borwig Building Service, Waterloo, IA 5% $28,104.92
Ayes: Seven. Motion carried.
UNFINISHED BUSINESS
103386 - Anders/Mollenhoff
that communication from Forestry Coordinator transmitting recommendation of award
of contract in the amount of $55,490.00 to 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 award of contract", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-381.
PETITIONS FROM PUBLIC
103387 - Krizek/Jordan
that communication from City Engineer transmitting request of UpDowntowners to close
Water Street from Fourth to Fifth Streets, Jefferson Street from Park Avenue to
Fourth Street, and East Fourth Street from Mulberry to Franklin Streets from 5:30
p.m. to midnight in conjunction with UpDowntown Friday Night event to be held on
August 26, 1994, together with recommendation of approval of Engineering, Street and
Traffic Operations Departments, be received, placed on file and "Resolution
approving said request", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-382.
August 8, 1994
Petitions from Public - continued
103388 - Mollenhoff/Collier
Page 2
that communication from City Engineer transmitting request of Mrs. Clarence (Betty
J.) Schukei for a waiver for a concrete driveway to be located at 104 Clyde Circle,
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. 1994-383.
REPORTS
103389 - Jordan/Murphy
that the Line -Item Budget Control Policy and Expenditure and Purchase Authorization
Policy be received, placed on file and "Resolution approving said Policies", be
adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-384.
DOCUMENTS
103390 Jordan/Collier
that communication from City Planner
Administration Grant in the amount of
level to East Park Avenue parking ramp,
approving said grant", be adopted and
Seven.
transmitting Federal Economic Development
$1,000,000 for construction of additional
be received, placed on file and "Resolution
Mayor authorized to execute same. Ayes:
Resolution adopted and upon approval by Mayor assigned No. 1994-385.
103391 - Mollenhoff/Anders
that communication from City Planner transmitting Change Order No. 16 for a net
increase of $28,600.60 for work to be performed by Peterson Contractors Inc. of
Reinbeck, Iowa, in conjunction with Shaulis Road Reconstruction, Parcel No. 10, M-
6470(5)--81-07, be received, placed on file and approved and Mayor authorized to
execute same. Ayes: Seven. Motion carried.
103392 - Murphy/Jordan
that communication from City Planner transmitting Final Plat of Wessels Minor Plat,
together with Engineer's Certificate of Survey and Deed of Dedication, be received,
placed on file and "Resolution approving said Final Plat", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-386.
RESOLUTIONS TO BE ADOPTED
103393 - Jordan/Collier
that "Resolution approving the acquisition contract payments and accepting the deeds
for Parcel No. 31E (James & Bessie Esters) in the amount of $1,010.00, Parcel No.
32E (James and Bessie Esters) in the amount of $9,000.00, and Parcel No. 36E (Robert
& Katie Lee) in the amount of $250.00 in conjunction with Martin Luther King, Jr.
Drive Project, HDP -9107(1)--79-07", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-387.
103394 - Collier/Mollenhoff
that "Resolution setting new date of hearing as September 6, 1994, at 7:00 p.m. in
the City Hall Council Chambers on request from Afro-American Community Broadcasting,
Inc. to rezone from "R-2" One and Two Family Residence District to "C -Z" Conditional
Zoning property generally located west of Mobile Street between Newell and Quincy
Streets and rescinding Resolution No. 1994-199 and Ordinance No. 4017 due to an
error in the legal description", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-388.
ORDINANCES TO BE ADOPTED
103395 - Mollenhoff/Collier
that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (366)
Sumner Street of Section 551, Parking Prohibited at all Times on Certain Streets;
and by enacting in lieu thereof a new Subsection (366) Sumner Street of Section 551,
Parking Prohibited at all Times on Certain Streets (eliminating parking on the north
side of the 100 block of Sumner Street)", be received, placed on file, considered
and passed for the first time. Ayes: Seven. Motion carried.
103396 Murphy/Jordan
that rules requiring ordinances to be considered and voted for passage at two prior
meetings be suspend. Ayes: Seven. Motion carries.
August 8, 1994
Ordinances to be Adopted - continued
Page 3
103397 - 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.
103398 - Krizek/Collier
that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (366)
Sumner Street of Section 551, Parking Prohibited at all Times on Certain Streets;
and by enacting in lieu thereof a new Subsection (366) Sumner Street of Section 551,
Parking Prohibited at all Times on Certain Streets (eliminating parking on the north
side of the 100 block of Sumner Street)", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 4032.
103399 - Mollenhoff/Jordan
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 August 15, 1994. Ayes: Seven. Motion carried.
103400 - Collier/Jordan
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", be deferred to August 15, 1994.
Ayes: Seven. Motion carried.
BILLS PAYMENT
103401 - Krizek
that "Resolution approving Schedule A918, pp. 1-43, in the amount of $3,045,622.56,
dated August 8, 1994, a copy of which is on file in the Clerk/Auditor's office, with
the deletion of PV 88079 in the amount of $250.00, PV 84670 in the amount of $276.00
and PV 84680 in the amount of $186.00", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-389.
NEW BUSINESS
103402 - Anders/Mollenhoff
to instruct City Engineer to prepare plans, specifications, form of contract, etc.
for South Riverside Trail, Contract No. 454, be received, placed on file and
approved. Ayes: Seven. Motion carried.
103403 - Jordan/Krizek
that plans, specifications, form of contract, etc., for the South Riverside Trail,
Contract No. 454, be received and placed on file. Ayes: Seven. Motion carried.
103404 - Getty/Murphy
that plans, specifications, form of contract, etc., for the South Riverside Trail,
Contract No. 454, be received, placed on file and "Resolution preliminarily
approving the same", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1994-390.
103405 - Krizek/Jordan
that "Resolution setting date of hearing on plans, specifications, form of contract,
etc., and taking of bids as September 6, 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. 1994-391.
MISCELLANEOUS
103406 - Murphy/Jordan
that the following beer and liquor permit application be received, placed on file
and endorsed application forwarded to the Iowa Beer and Liquor Control Department,
and the following going -out -of business sale application be received, placed on file
and approved:
1. Beer & Liquor License Permit Application
Class C
Narey's 19th Hole, 2073 Logan Avenue (Renewal) (Expires 8/22/95)
August 8, 1994
Miscellaneous - continued
Going -out -of -Business Sale
The Frame Co., 107 Crossroads Center (August 9, 1994 - October 8, 1994)
Ayes: Seven. Motion carried.
ORAL PRESENTATIONS
Page 4
103407 - Councilperson Mollenhoff raised the issue of the Transient Merchant's License which
was not addressing all the concerns of the public. Councilperson Murphy affirmed
these concerns and felt there was a need to review the current ordinance.
Councilperson Jordan suggested a work session may be required at a later date. The
Mayor requested that Councilperson Murphy and Councilperson Mollenhoff research this
issue and report to the Council their findings.
Discussion was heard on acquisition of property located in an area known as Sherwood
Park.
Mayor Rooff reviewed the past events which had brought the Council and Sherwood Park
residents to this date. A meeting was held on January 4, 1994 with residents to
discuss the concerns which caused the subject of de -annexation to be raised.
Residents were unhappy with the service they had been receiving for water, street
maintenance, mowing and garbage pickup. The 1993 flood prevented residents from
reaching their residences for over 42 days because there was no water or garbage
service. It is the residents' belief that the damage caused by the 1993 flood was
aggravated because of the dike and highway construction in this area. Residents
were satisfied with the area before this construction and would have been happy to
stay if water and City services were provided adequately. The discussion on January
4 also included information from the Community Development Board regarding
availability of 1993 Flood money for the acquisition of flood damaged property.
The Community Development Board was operating under the authority that had been
given by a previous council in their solicitation of appraisals and distributions
of contracts for purchase. When the first two contracts came before the Council for
approval the Council questioned the procedures and contract forms. Community
Development has designated 1.1 Million of Federal 1993 Flood Assistance funds for
the Sherwood acquisitions and relocations. Requests for additional 1994 Federal
Disaster assistance money is being held up until this issue can be resolved.
Mayor Rooff requested that Community Development Director Mark Boesen detail the
uses and funds Community Development has received for use by the City Council. Mr.
Boesen stated the $1,100,000 dollars in 93 Flood money was available for
restoration, replacement or rehabilitation of dwellings damaged in the flood. The
1994 disaster money of $1,367,000 has no ties to replacement of properties and may
be used for storm or flood mitigation purposes. A state award of $1,400,000 has
been scheduled for use as Ansborough/Black Hawk storm and sanitary sewer
improvements. There is an additional $132,000 in unprogrammed funds to use as
directed by the Council or Community Development Board.
The costs have been tentatively budgeted in the following manner: $909,000 for
Sherwood Park acquisition, $548,000 in relocation expenses for a total of $1.4
Million dollars to acquire 45 properties using Federal guidelines.
Councilperson Krizek questioned how the acquisition of property was made. She
specifically referred to acquisition of a mobile home and the associated relocation
payments for this property owner. Mr. Boesen explained that the Uniform Relocation
Act sets guidelines which must be used when Federal money is used for property
acquisition and relocation. Mr. Boesen informed the Council that they are required
to report to the Federal agencies how the money is spent.
Councilperson Getty inquired as to whether funds were available for street, curb and
gutter repair and construction. Mr. Boesen stated that $1.8 Million dollars had
been received from Block Grant funds. Currently $1 Million had been designated for
rehabilitation projects. Seventy-five thousand dollars in funds were also committed
to pave Mobile Street this year and an additional $150,000 was budgeted for next
year to finish the Mobile Street project.
Councilperson Mollenhoff announced that there was a flood plain at Martin Rd and
Delaney Street that was identified in the Capital Improvements plan as an unmet
need.
Mayor Rooff pointed out that this process was started in November of 1993 by the
previous council. A request for de -annexation was received in December. The
Community Development Board proceeded with the acquisitions from the approval of the
Mayor and Council to expend allocated funds for approved activities. Councilperson
Anders restated that this Council authorized the appraisal process on January 4,
1994.
Councilperson Getty explained that he has a problem with paying relocation costs.
Questions were raised regarding demolition or relocation of acquired properties and
the problems that may occur if some residents choose not to move.
Councilperson Jordan voiced his concerns that the City is not getting reimbursed for
taking property off the tax rolls. Councilperson Krizek noted that there was no
guarantee that these residents would remain in Waterloo after the acquisition.
August 8, 1994 Page 5
Oral Presentations - continued
Mayor Rooff commented that the residents had raised concern about condemnation.
Attorney Jim Walsh stated that the City has the right to condemn property for public
use, such as a park. There are no guarantees this Council could give against
condemnation.
Councilperson Anders asked for clarification of what the funds could be used for if
not acquisition. Suggestions were made for projects at Hanna, Donald, and the
Delaney areas. Funds could be used for pump stations, sewer improvements at Barclay
and Mobile and problems at Cornwall.
Getty/Mollenhoff
that above oral comments be received, placed on file and the Council adjourn at 8:45
p.m. Ayes: Seven. Motion carried.
Susan Fangman
City Clerk