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HomeMy WebLinkAboutMinutes-05/06/2002• • May 6, 2002 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, May 6, 2002. Mayor John R. Rooff in the Chair. Roll Call: Berry, Welper, Greenwood, Clark, Jordan, Getty. Absent: Hurley. Invocation by: Walter Reed, Director of Human Rights Commission. Pledge of Allegiance: Rich Earles, Community Development Director. ORAL PRESENTATIONS 116846 - Major Ron Gorton, Waterloo Salvation Army, spoke regarding the Men's Supportive Transitional Housing Facility. The Black Hawk County Local Homeless Coordinating Board requested that the Salvation Army take on the project of building the Men's Supportive Transitional Housing Facility. Black Hawk County Local Homeless Coordinating Board agreed that the project would be the number one priority when the community requests HUD Continuum of Care Homeless funding in FY2000. The Salvation Army has partnered with Operation Threshold and the Black Hawk County Homeless Coordinating Board in developing the plan of services for these men and to seek funding to accomplish the project. On July 1, 1999 an agreement was reached with the Community Development Board and the Salvation Army whereby the city would utilize CDBG funds to provide the Salvation Army a $75,000 per year grant to be over a two-year period to cover a portion of the costs incurred in the construction of the facility. The first $75,000 portion of the grant has been allocated and is being held for construction of the project. The second $75,000 grant is to be voted on by the Planning, Programming and Zoning Commission tomorrow. The following funds have been secured for the project: HUD McKinney-Vento Homeless Assistance funding in the amount of $998,799, IDED Housing grant funding in the amount of $104,925, and IFA Transitional Housing and Supportive Services Grant HAF in the amount of $139,900. HUD has allowed two extensions for the Technical Submission and will likely soon have to make the decision to move the funding to another city's funding proposal to avoid the loss of a funded project slot. Waterloo has already turned back two consecutive HUD funding awards. A third would have lasting effects on Waterloo's ability to attract such funding in the future. Salvation Army Territorial Headquarters policy will not allow them to find another location for the project away from the main facilities. The Salvation Army is requesting that the council temporarily lift its moratorium in order to allow this project to proceed without delay. Don Temeyer, City Planner, stated that the city currently has a moratorium on halfway houses/homeless shelters in "R-3" Districts. The Planning, Programming and Zoning Commission will discuss this issue at a meeting to be held on Tuesday. Mayor Rooff asked Mr. Temeyer to work with Major Gorton to make sure they secure the funding. Mr. Temeyer stated the required permit will be reviewed the Board of Adjustment at the end of the month. Joyce Wilder, 226 Bates, stated that she understands that three new homes will be built in her area by Operation Threshold. Mr. Wilder stated she is not satisfied with her home built by Operation Threshold. She has invited everyone on the council and Community Development Board to visit her home. Ms. Wilder stated her home has uneven floors, carpet coming up off the stairs and beams cracking. Mr. Wilder stated that Eric Johnson has stated he has all the faith in Operation Threshold. Ms. Wilder reported on all the problems in her home. Ms. Wilder stated she is tired of all this and very dissatisfied with her house. Ms. Wilder stated she was one date late turning in her warranty letter. Ms. Wilder stated that Operation Threshold hired the contractor to build her house. Rich Earles, Community Development Director, stated that Operation Threshold has gone back to using their own crews rather than contracting the work. Councilperson Clark asked what can the city do. Mayor Rooff responded the city can talk to Operation Threshold and ask them to correct the items and speak to the Director at Operation Threshold. Mayor Rooff stated he, the Building Official, Operation Threshold Director and others have visited Ms. Wilder's home. Mayor Rooff reported that Operation Threshold has stated that the house is out of warranty, and they are not going to do anything else. Mayor Rooff asked Councilpersons Clark and Berry to look at the house and work with Ms. Wilder. Barb Grant, Executive Director of Operation Threshold, stated that the warranty on Ms. Wilder's home has expired. Ms. Wilder turned the warranty in on time, but she would not let Operation Threshold into her house to look at these items as she wanted to talk with Mayor Rooff. Ms. Grant stated Operation Threshold sent a certified letter to Ms. Wilder that day, but the letter came back May 6, 2002 Page 2 ORAL PRESENTATIONS CONTINUED "refused." Ms. Grant stated that Operation Threshold contracted out construction of six homes, and she agrees there were a lot of problems with the homes. Operation Threshold regrets the problems and difficulties to the homeowners and city. Ms. Grant reported that Operation Threshold. spent a substantial amount of funds to correct the problem, including extending the warranty to 2001. Ms. Wilder's warranty was for 24 months when the standard warranty is 12 months. Ms. Grant stated that Operation Threshold offered to purchase back the home, pay off the first mortgage, refund any down payment, closing costs and cost for any improvements, and none of the homeowners took them up on their offer. Operation Threshold offered to make them whole again. Ms. Grant stated the homeowners would be eligible to purchase a home again from Operation Threshold. Mayor Rooff asked Councilpersons Berry and Clark to meet with Ms. Grant and Ms. Wilder. Getty/Jordan that the above oral comments be received and placed on file. Ayes: Six. Absent: Hurley. Motion carried. 116847 - Jordan/Clark that the Agenda, as amended to add Item 8a, for the Regular Session on Monday, May 6, 2002, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Hurley. Motion carried. 116848 - Clark/Greenwood that the Minutes, as proposed, for the Regular Session on Monday, April 29, 2002, at 5:30 p.m., be accepted and approved. Ayes: Six. Absent: Hurley. Motion carried. Councilperson Clark read a proclamation declaring May 12-18, 2002, as Police Week and Wednesday, May 15, 2002, as Peace Officers' Memorial Day. Councilperson Greenwood read a proclamation encouraging support of the Veterans of Foreign Wars annual sale of Buddy Poppies on May 10-11, 2002. Councilperson Welper read a proclamation declaring May 12-18, 2002, as School Board Recognition Week. Councilperson Berry read a proclamation declaring May 2002 as Adolescent Pregnancy Prevention Month. Councilperson Getty read a proclamation declaring May 2002 as Community Action Month. Mayor Rooff read a proclamation declaring May 11, 2002, as Letter Carrier Food Drive Day. HEARINGS 116849 - Getty/Greenwood that proof of publication of notice of public hearing on the One Year Action Plan for F.Y. 2003 Community Development Block Grant (CDBG) and HOME Program funds, as published in the Waterloo Courier on April 23, 2002, be received and placed on file. Ayes: Six. Absent: Hurley. Motion carried. 116850 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Councilperson Berry stated that it looks like funding for Single Family Rehabilitation and Home Buyer Assistance has been reduced. Rich Earles, Community Development Director, stated that $666,000 has been allocated for Single Family Rehabilitation and $100,000 for the Home Buyer Assistance Program for a total of $760,000 this year compared to $800,000 funded last year. Mr. Earles stated that total funding from HUD was reduced by $109,000. The Waterloo Housing Partnership down payment assistance is being funded in the same amount as last year. Councilperson Berry stated that administrative costs have increased $30,000. Mr. Earles responded that last year administrative costs dropped by $30,000 to $40,000 because of carryover funds, and this year's administrative costs are lower than a few years ago. • • May 6, 2002 • • HEARINGS CONTINUED Page 3 Sherry Jaeger, Manager of the Waterloo Housing Partnership, stated that funding for the Waterloo Housing Partnership -GAP is $200,000 when they originally requested $400,000. These funds are used for roof repairs, furnaces, electrical, etc. All the GAP funding has been obligated since 2001. Ms. Jaeger stated that individuals need this type of funding, and $200,000 will be gone in two to three weeks. Ms. Jaeger stated she is concerned they will not be able to help as many become homeowners. Ms. Jaeger asked the council to reconsider additional funding for GAP. Ms. Jaeger reported that about 1,100 persons have completed the home buyers training program, and approximately 25 percent of those have purchased homes. Mr. Earles reported that the first two years, EDI funding was used for downpayment assistance, and this past year funding was switched to the HOME program. Councilperson Berry asked if after the public hearing, will this go back to the Community Development Board. Mayor Rooff responded only if the council overrides the Community Development Board. Joyce Wilder, 226 Bates, stated she understands that Operation Threshold is asking the city for funds. Mayor Rooff responded these are federal funds with strings. The Community Development Board makes recommendations to the council, and we cannot spend any different than those uses. Sherry Roberts, from Roosevelt Neighborhood Association, distributed a map of the Waterloo CURA Area Neighborhood Associations. Ms. Roberts stated that the Roosevelt Neighborhood Association feels left out because their request was ignored and no one got back to them as to why. There are several families on the waiting list for rehabilitation. Ms. Roberts stated that the Roosevelt Neighborhood Association is in the middle of the targeted area. Ms. Roberts stated it is an egregious oversight to have all the neighborhoods around Roosevelt considered a target neighborhood and Roosevelt has been left out. Ms. Roberts asked the council to consider the Roosevelt Neighborhood Association and address their issues. Theresa Mosley, President of Roosevelt Neighborhood Association, stated that they are taxpayers and want the same things as other neighborhoods. Ms. Mosley stated they want to be a targeted neighborhood and asked what do they tell people who fall through the cracks. Mayor Rooff stated that Operation Threshold does help with funds for roofing. Mayor Rooff stated that the city needs to have a meeting with the Roosevelt Neighborhood Association and do an evaluation of housing stock. Mayor Rooff asked Councilperson Berry to attend the next Roosevelt Neighborhood Association meeting. Jordan/Clark that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: Hurley. Motion carried. 116851 - Jordan/Greenwood that "Resolution authorizing submission of One Year Action Plan for F.Y. 2003 Community Development Block Grant (CDBG) and HOME Program funds to the Department of Housing and Urban Development" be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Clark asked if the funds could be moved later. Mr. Earles stated that this is really a weighing of good vs. good. These are all top quality requests as are several that weren't even recommended for funding. Mr. Earles stated that normally they receive more requests than funds are available. Mr. Earles stated that the Plan needs to be received by HUD no later than May 15, 2002. The process began in December and the Community Development Board has worked on the requests at every meeting and two hearings have been held. Councilperson Berry stated that she would like the plan to go back to the Community Development Board and have them give Ms. Jaeger the money she needs. Berry/Getty that the above motion be amended to consider funding for the Waterloo Housing Partnership -Gap and include the Roosevelt Neighborhood Association. May 6, 2002 HEARINGS CONTINUED Prior to a vote on the above motion, the following comments were heard. Page 4 Councilperson Greenwood asked what do we give up to include additional funding for GAP and if there is a cost to include the Roosevelt Neighborhood Association. Mayor Rooff responded that Roosevelt just wants to be included in the neighborhood scheme, not funded. Mr. Earles stated that the council voted last year to target 80 percent of the rehab dollars to the UNITY Neighborhood and Rath Brownfields, leaving 20 percent for subsidized housing improvements elsewhere in the city. Mr. Earles stated that the timeline is tight, and there is not enough time to take this back to the Community Development Board, hold a hearing and bring it back to the council. Following comments a vote was taken on the above amended motion with the following result. Ayes: Two. Nays: Welper, Greenwood, Clark, Jordan. Absent: Hurley. Motion failed. 116852 - A vote was taken on the original motion, with the following result. Ayes: Five. Nays: Berry. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2002-248. 116853 - Jordan/Clark that proof of publication of notice of public hearing on the request of Joseph Minard to vacate ten -foot utility easement generally located west of Aspen Drive just east of the city limits, as published in the Waterloo Courier on April 17, 2002, be received and placed on file. Ayes: Six. Absent: Hurley. Motion carried. 116854 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Berry/Jordan that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Six. Absent: Hurley. Motion carried. 116855 - Jordan/Clark that "an Ordinance vacating the ten -foot utility easement generally located west of Aspen Drive just east of the city limits", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Hurley. Motion carried. 116856 - Berry/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Hurley. Motion carried. 116857 - Getty/Jordan that "an Ordinance vacating the ten -foot utility easement generally located west of Aspen Drive just east of the city limits", be considered and passed for the second and third times and adopted. Ayes: Six. Absent: Hurley. Ordinance adopted and upon approval by Mayor assigned No. 4548. 116858 - Clark/Greenwood that proof of publication of notice of public hearing on the request of Northland Products Company, Inc., to rezone from "R-2" One and Two Family Residence District to "R -2,C -Z" Conditional One and Two Family Residence District property generally located along Rainbow Drive near the intersection with Hanna Boulevard for the purpose of constructing an office building, as published in the waterloo Courier on April 17, 2002, be received and placed on file. Ayes: Six. Absent: Hurley. Motion carried. 116859 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Councilperson Getty asked if the Hanna Drainage Culvert will be done this summer because he has a problem voting yes to this if the culvert is not going to be done. • • May 6, 2002 • • HEARINGS CONTINUED Page 5 Dennis Gentz, Assistant City Engineer, responded that the final design is with Earth Tech. Mr. Gentz stated the intent is let the project this year, and the city has agreed to complete it by the end of this year. Don Temeyer, City Planner, stated that Mrs. Roberts has concerns if the Hanna Culvert project will done on time and is concerned it will add to the storm and sanitary sewer overloading in the area. Mr. Temeyer stated that no significant flow will be added to this area. Jordan/Clark that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Six. Absent: Hurley. Motion carried. 116860 - Clark/Jordan that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 95 to Section 2A -7N, Conditional Zoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Hurley. Motion carried. 116861 - Jordan/Clark that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Hurley. Motion carried. 116862 - Jordan/Greenwood that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 95 to Section 2A -7N, Conditional Zoning Certain Property", be received, placed on file, considered and passed for the second and third times and adopted. Ayes: Six. Absent: Hurley. Ordinance adopted and upon approval by Mayor assigned No. 4549. UNFINISHED BUSINESS 116863 - Welper/Greenwood that communication from Superintendent of Traffic Operations transmitting recommendation of award of contract in the amount of $26,336.28 to Fesler's, Inc., of North Liberty, Iowa, in conjunction with F.Y. 2002 Outdoor Public Warning Sirens and Accessories, Contract No. 655, be received, placed on file and "Resolution approving said award of contract", be adopted. Prior to a vote on the above motion, the following comments were heard. Councilperson Berry stated she noticed that Feslers Inc. is not the low bidder. Sandie Greco, Superintendent of Traffic Operations, stated that they picked them mainly because of maintenance. If the siren goes down, it would still operate and with the others the siren has to be taken down. Ms. Greco stated that a point system was used and the best siren was chosen. Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2002-249. PETITIONS FROM PUBLIC 116864 - Berry/Jordan that communication from Assistant City Engineer transmitting request of Graystar Corporation to temporarily close the southeasterly four hundred feet of the alley adjacent to Aramark property generally located between Linden Avenue and Fowler Street in conjunction with construction of an addition to the Aramark facility be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2002-250. RESOLUTIONS TO BE ADOPTED May 6, 2002 RESOLUTIONS TO BE ADOPTED Page 6 116865 - Getty/Jordan that communication from Police Chief transmitting request that flags on all city facilities be flown at half-staff on May 15, 2002, in honor of Peace Officer's Memorial Day be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2002-251. 116866 - Getty/Jordan that "Resolution authorizing City Engineer to send out notification to property owners of proposed sidewalk repairs and estimate of costs and setting date of hearing as May 28, 2002, at 5:30 p.m. in the City Hall Council Chambers on proposed repairs in conjunction with the Sidewalk Inspection and Repair Program -Zone 2", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2002-252. 116867 - Getty/Jordan that "Resolution setting date of hearing as May 28, 2002, at 5:30 p.m. in the City Hall Council Chambers on proposed amendments to F.Y. 2002 Budget", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2002-253. 116868 - Getty/Jordan that communication from Police Chief transmitting Memorandum of Agreement with United States Department of Transportation Security Administration for reimbursement of costs to provide Police Officers at the Waterloo Airport through December 1, 2003, be received, placed on file and "Resolution approving said agreement", be adopted and Police Chief authorized to execute same. Ayes: Six. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2002-254. BILLS PAYMENT 116869 - Jordan/Berry that "Resolution approving Schedule AP640, pp. 1-90, dated May 6, 2002, in the amount of $1,257,643.56, a copy of which is on file in the City Clerk's Office", be adopted, together with recommendation of approval of the Finance Committee. Ayes: Six. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2002-255. NEW BUSINESS 116870 Clark/Greenwood that communication from Superintendent of Streets transmitting recommendation of award of bid to Bituminous Materials & Supply for CRS -2P in the amount of $102,000.00 and CSS -1 Dilute in the amount of $15,000.00 for a total bid of $117,000.00 and to Koch Materials for HFMS-2S in the amount of $27,750.00 and HFE-300 in the amount of $3,300.00 for a total bid of $31,050.00 in conjunction with the 2002 Oiling/Sealing Program be received, placed on file and "Resolution approving said award of bid", be adopted. Prior to a vote on the above motion the following comments were heard. Steve Decker, Superintendent of Streets, stated that Bituminous was the low bidder for CRS -2P and CSS -1 Dilute, and Koch Materials was the low bidder for HFMS-2S, and they tied with a bid of $3,000 for the HFE-300. The decision was made to award the HFE-300 to Koch Materials so that each would be awarded two bids. Mr. Decker stated he always break up the bids by product, and they are not normally awarded to one company. Councilperson Berry commented that when we award the reconstruction program, it would probably be too much to separately bid the items. Mayor Rooff responded these are just products. Mr. Decker stated they are bid on a price per gallon. Mr. Decker stated these are oil refineries, and we accept the lowest price per gallon. • • May 6, 2002 NEW BUSINESS CONTINUED Page 7 Following comments a vote was taken on the above motion with the following result. Ayes: Six. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2002-256. 116871 - Getty/Greenwood to instruct Building Official/Maintenance Administrator to prepare specifications, form of contract, etc. in conjunction with F.Y. 2002 Roofing Projects for City of Waterloo be received, placed on file and approved. Ayes: Six. Absent: Hurley. Motion carried. 116872 - Jordan/Welper that specifications, form of contract, etc. in conjunction with F.Y. 2002 Roofing Projects for City of Waterloo be received and placed on file. Ayes: Six. Absent: Hurley Motion carried. 116873 Jordan/Getty that "Resolution preliminarily approving specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2002-257. 116874 - Getty/Welper that "Resolution setting date of hearing on specifications, form of contract, etc. as June 3, 2002, at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2002-258. 116875 - Getty/Greenwood to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2002 Greenhill Road Recreational Trail Repair - Phase 2, Contract No. 656, be received, placed on file and approved. Ayes: Six. Absent: Hurley. Motion carried. 116876 - Jordan/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2002 Greenhill Road Recreational Trail Repair -Phase 2, Contract No. 656, be received and placed on file. Ayes: Six. Absent: Hurley. Motion carried. 116877 - Jordan/Getty that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Six. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2002-259. 116878 - Getty/Welper that "Resolution setting date of hearing on plans, specifications, form of contract, etc. as May 20, 2002, at 5:30 p.m. in the City Hall Council Chambers and taking of bids on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Six. Absent: Hurley. Resolution adopted and upon approval by Mayor assigned No. 2002-260. TRAVEL REQUESTS 116879 - Berry/Jordan that the following travel requests, which satisfy a public purpose, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Emily Highland -Kuntz, Internal Auditor, to attend GASB 34 Infrastructure Training Course in Des Moines, Iowa, on June 10, 2002, with costs not to exceed $260.00. May 6, 2002 TRAVEL REQUESTS CONTINUED Page 8 2. Rhonda Weber, Police Crime Lab Investigator, to attend Crime Scene Photography Course in Johnston, Iowa, on May 21-23, 2002, with costs not to exceed $252.27. Ayes: Six. Absent: Hurley Motion carried. MISCELLANEOUS 116880 - Getty/Berry 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 and the following applications for Outdoor Service Area and Fireworks Display Permit be received, placed on file and approved: 1. Beer/Liquor License Permit Application Class C Steamboat Gardens, 1740 Falls Avenue (Renewal) (Expires 6/13/03) The Jet Lounge, 451-453 W. Parker (Renewal) (Expires 4/30/03) (Includes Sunday Sales) 2. Beer License Permit Application Class B Pizza Hut, 2825 Crossroads Blvd (Renewal) (Expires 6/7/03) (Includes Sunday Sales) Lost Island Waterpark, 2225 E. Shaulis Road (New) (6 Month --5/1/02-11/1/02) (Includes Sunday Sales) Godfathers Pizza, 3811 University Avenue (Renewal) (Expires 4/30/03) (Includes Sunday Sales) Becker -Chapman American Legion, 619 Franklin Street (Renewal) (Expires 5/12/03) (Includes Sunday Sales) Main Street Waterloo, Lincoln Park (New) (6 Month --05/24/02 - 11/23/02) 3. Application for Outdoor Service Area Lost Island Waterpark, 2225 E. Shaulis Road (5/1/02 - 11/01/02) Main Street Waterloo, Lincoln Park (5/24/02 - 11/23/02) 4. Application for Fireworks Display American Cancer Society on May 10, 2002 at Waterloo Memorial Stadium Ayes: Six, with Councilperson Clark abstaining on all beer and liquor license permit applications. Absent: Hurley. Motion carried. BONDS 116881 - Jordan/Clark that the report of the City Attorney and list of bonds filed with the City Clerk through May 6, 2002, be received, placed on file and report and bonds be approved. Ayes: Six. Absent: Hurley. Motion carried. ADJOURNMENT 116882 Jordan/Clark that the Council adjourn at 7:01 p.m. Ayes: Six. Absent: Hurley. Motion carried. Nancy Eckert City Clerk