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HomeMy WebLinkAboutMinutes-08/28/2000t 8 August 28, 2000 • 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, August 28, 2000. Mayor Pro Tem Harold Getty in the Chair. Roll Call: Anders, Jordan, Krizek, Murphy, Gronen, Getty, Berry. Invocation by: Reverend Gerald Kapanka, Immanuel Lutheran Church. Pledge of Allegiance: Councilperson Bill Gronen. ORAL PRESENTATIONS 114222 - Alvin Miller, 1235 Sheerer, stated that he is a retired police officer, and he read in the newspaper where Police Chief Koehrsen is going to receive a retirement from the city. Mr. Miller stated that it use to be that an officer had to have 15 years with the city to receive a retirement and also 15 years to receive his duty weapon. Mr. Miller stated that he was a police officer for seven years and had a problem with his knee and was forced to retire at 52, and that it was decided that it was not a job-related disability. Mr. Miller stated that the injury not being duty related cost him lots of money. If he had been allowed to retire with a duty -related injury he would have received 2/3 of his pension and would not have had to pay state or federal taxes. Mr. Miller stated that he now receives 50 percent of his pension and pays state and federal taxes. Acting Police Chief Tom Jennings stated that the Municipal Police and Fire Retirement System has changed the retirement requirements. The requirement use to be 15 years, but that has changed to 4 years. The police pension was removed from the cities and put in the hands of the state. Acting Chief Jennings stated that the pension decisions are now made in Des Moines and Iowa City. Acting Chief Jennings stated that the city is in compliance with state laws. A resident spoke regarding the ordinance regulating the number of horses allowed in the city limits and the rezoning request on last week's council agenda. She stated that the Planning, Programming and Zoning Commission has researched the issue of the number of horses allowed in the city limits and also contacted the state regarding the number of horses allowed per acre. She asked the council to put a 60 day moratorium on this issue to allow time to contact other resources and gather all the information necessary to make a good decision. Steve Sinnott, Sunset Boulevard, stated that for several years he has expressed an interest in bidding on the city's liability and property insurance, and he thought this year he would be able to bid. Mr. Sinnott stated that on July 5, 2000 he delivered a letter to the City Clerk expressing his desire to bid on the insurance and expressed the urgency to start the bidding process due to the October renewal date. Mr. Sinnott stated that three weeks later he was told he would receive a letter from the city, and the letter said that he would be contacted over the next few weeks. Mr. Sinnott stated that at the next city council meeting he was told by Mayor Rooff that he would be allowed to bid on the insurance. Mr. Sinnott stated he then met with the Insurance Committee and was handed a RFQ that basically asked for qualifications of the agent. Mr. Sinnott stated he was told that he was the only one to ask to bid and if he wasn't interested in responding to the RFQ the city would not put the resolution on the council agenda. Mr. Sinnott stated he requested that the resolution be placed on the council agenda, and the City Clerk sent out RFQs to 60 insurance agencies in the area. Mr. Sinnott stated that the city's current consultant had two months to go out in the market for quotes, and now it is only five weeks to renewal. Mr. Sinnott stated that even if he were chosen as the consultant for the city, there is not enough time to go over the coverage and do bids. Mr. Sinnott stated that he feels he has been given a smokescreen and various reasons why he has not been allowed to bid on the insurance coverage. Mr. Sinnott stated that he is going to leave and come back when another administration is in office. Mr. Sinnott stated that he receives phone calls and people stop him on the street regarding the insurance bids. Mr. Sinnott stated that a city employee told him if he saved the city $60,000 then maybe we won't lose manpower. Mr. Sinnott stated that it seems a shame that the taxpayers are taking it on the chin. Mr. Sinnott stated that the city told him they are more concerned about the agent than the price. Mr. Sinnott stated that at this point, he thinks no thanks, and is going home. He will be asked why this administration is not interested in taking competitive bids on this item, and he will answer he is not sure why. Councilperson Getty stated that when he spoke to Mr. Sinnott on the telephone he asked Mr. Sinnott if he wanted to bid on the city's insurance coverage why didn't he start in January or March and contact the companies for quotes on the contract. August 28, 2000 ORAL PRESENTATIONS CONTINUED Mr. Sinnott stated that an agent can only contact insurance carriers 90 days prior to renewal date, and that January would have been far too early. Mr. Sinnott stated he might have been able to get a ball park figure to determine a cost to put in the budget. Mr. Sinnott stated that three years ago his bid was $110,000 below the awarded bid, and it was thrown out on a technicality, next year it was the city didn't have the expertise and maybe the city should hire a consultant. Mr. Sinnott stated that its been one thing after another, and that finally he has gotten the message. Mr. Sinnott stated that taxpayer dollars concern him, but it doesn't seem to matter even though the city is in dire need, and he thinks someone would want to look a that. Freida Weems, Executive Director of the Cedar Valley Opportunity Industrial Center, stated that she was sorry Mayor Rooff was not at tonight's meeting, but he has another commitment. Ms. Weems stated that she has, a housing concern, and that Councilperson Getty has been very helpful. Ms. Weems commented that she has seen an increase in the number of these problems, and the council needs to know. Ms. Weems stated that it is her understanding that Mayor Rooff received an award for the city, HUDs Best Practice Award. Ms. Weems stated she is here to talk about two families who have suffered and endured housing problems. Ms. Weems stated that families are being put out in the street, and that there are laws that allow them to be evicted for not paying rent. Ms. Weems stated that they are already on assistance and unable to move at the last minute. One tenant is a Section 8 client and another is not on public assistance living in a duplex, and last Friday they were put out in the streets by a landlord who has been cited by the Fire Department. Ms. Weems thanked the Fire Department who contacted the Health Department who then contacted the landlord. Ms. Weems distributed pictures of the building. Ms. Weems stated that the landlord was cited and he had so many days to make repairs and failed. Ms. Weems stated that the odor is unbearable, and they are using a public restroom adjacent to the duplex. The mother had to take a shovel to shovel out the stool, and when the three children wanted to take a bath they went to a friend's home one-half mile away. Page 2 Ms. Weems stated the other landlord was cited and given so many days to make repairs. Because the tenant was a Section 8 client the Housing Authority terminated the agreement and would not pay the rent. The landlord responded by putting the family out in the street. Ms. Weems stated that landlord went to a magistrate and presented the unpaid rent claim. Ms. Weems stated there are standards that Section 8 landlords must be held to, and that the landlord cannot evict a tenant once the client has filed a complaint against the landlord. Ms. Weems stated that they don't understand how the landlord did it, and it is important for them to understand what landlords are required to do. Ms. Weems stated that the tenant's portion of the rent is $83.00 and she lives on Walnut Street. Ms. Weems stated that what bothers her is the stereotype that they don't keep a clean house, and that most landlords live on the Westside. Ms. Weems stated that on August 24, their stuff was put on the street, and she doesn't understand how a city the size of Waterloo allows landlords do what they saw. Ms. Weems stated that the landlord threw out new school clothes, food, microwave, games, etc., into the street. Ms. Weems stated that they had nothing, and that the kids did not want to go to school because they were embarrassed. Ms. Weems asked where are the individuals who talk about children, this is what it is ultimately about. Ms. Weems stated that the city can't afford landlords to do what they are doing, that we had four this month and that is too many. Ms. Weems stated there is a correlation between unemployment, lack of education, etc. Councilperson Getty stated the process is started when the landlord goes to court and gets a judge to sign an eviction notice. Ms. Weems stated that they want an ordinance making it illegal for landlords to take the tenant's property. Ms. Weems stated the landlords could put the items in a locker and assess the tenant. Councilperson Getty stated that he and Councilperson Berry will meet with the Black Hawk County attorney. Councilperson Getty stated that the city is upset about what Ms. Weems is talking about, and that it happens in Wards 3, 4 and 5. Ms. Weems stated that these citizens don't have anything, and that there is no United Way agency to help them. Ms. Weems stated they need assistance from the city, and they need to know what kind of assistance the city can give. Ms. Weems stated that there is no agency to help these families. Councilperson Getty stated that the city is unable to help, and these families should go to the Salvation Army, Red Cross or Catholic Charities. Councilperson Getty stated that hopefully OIC and family and friends can help until we get some swers. III August 28, 2000 • • Page 3 ORAL PRESENTATIONS CONTINUED Ms. Weems stated that they need money, food and toiletries. Ms. Weems stated that evictions like this are not what we want in the community. Ms. Weems urged citizens to call 232-4982 if they are interested in helping. Krizek/Murphy that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 114223 - Jordan/Berry that the Agenda, as proposed, for the Regular Session on Monday, August 28, 2000, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. 114224 - Berry/Jordan that the Minutes, as proposed, for the Regular Session on Monday, August 21, 2000, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Pro Tem Getty read a proclamation declaring September 1-4, 2000, as the James, Williams and Smart Families Reunion Days. HEARINGS AND BIDS 114225 - Murphy/Jordan that proof of publication of notice of public hearing on the proposed F.Y. 2001 Soldiers and Sailors Park, Phase I, Contract No. 627, as published in the Waterloo Courier on August 21, 2000, be received and placed on file. Ayes: Seven. Motion carried. 114226 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Jordan/Gronen that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 114227 - Krizek/Jordan that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2001 Soldiers and Sailors Park, Phase I, Contract No. 627", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-474. 114228 - Anders/Krizek that "Resolution ordering construction in conjunction with above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-475. 114229 - Jordan/Krizek to receive, file and instruct City Clerk to open and read bids and refer to City Engineer for review: Bidder Bid Bond Total Bid Cunningham Construction Co., Inc., Cedar Falls, IA 5% $51,703.90 Mike Dolan Concrete & Masonry, Inc., Waterloo, IA 5% $38,107.50 Ayes: Seven. Motion carried. HEARINGS 114230 - Anders/Jordan that proof of publication of notice of public hearing on the request of Steven and Linda Kohlmeyer to vacate an 8'8" easement generally located along the easterly property line at 115 Oak Ridge Road, as published in the Waterloo Courier on August 15, 2000, be received and placed on file. Ayes: Seven. Motion carried. August 28, 2000 Page 4 HEARINGS CONTINUED 114231 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Jordan/Murphy 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: Seven. Motion carried. 114232 - Murphy/Gronen that "an Ordinance vacating an 8'8" easement generally located along the easterly property line at 115 Oak Ridge Road", be considered and passed for the first time. Ayes: Seven. Motion carried. 114233 - Murphy/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 114234 - Berry/Anders that "an Ordinance vacating an 8'8" easement generally located along the easterly property line at 115 Oak Ridge Road", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4432. 114235 - Krizek/Murphy that proof of publication of notice of public hearing on the request of Bryan Nichols, Gil Cummings and Donna and Vern Nelson to rezone from "M-2" Heavy Industrial District to "C-2" Commercial District property generally located at the intersection of Westfield Avenue and Commercial Street, as published in the Waterloo Courier on August 15, 2000, be received and placed on file. Ayes: Seven. Motion carried. 114236 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Jordan/Murphy 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: Seven. Motion carried. 114237 - Jordan/Krizek that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 320 to Section 2A-5, Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 114238 - Murphy/Gronen that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 114239 - Jordan/Anders that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 320 to Section 2A-5, Rezoning Certain Property", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4433. PETITIONS FROM PUBLIC 114240 - Krizek/Jordan that communication from City Engineer transmitting request of James R. Lowe for a waiver for a concrete driveway to be located at 2204 Easley Street, 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 Pro Tem assigned No. 2000-476. • • August 28, 2000 DOCUMENTS :L14241 - Krizek/Jordan Page 5 that communication from Superintendent of Water Pollution/Flood Control transmitting Change Order No. 9 for a net increase lin the amount of $6,058.00 for work to be performed by Fagen, Inc., in conjunction with Easton Avenue Water Pollution Control Facilities, Contract No. 549, be received, placed on file and approved and Mayor Pro Tem authorized to execute same. Ayes: Seven. Motion carried. 114242 - Krizek/Jordan that communication from Associate Engineer transmitting an Engineering Services Agreement with Earth Tech with cost not to exceed $2,800.00 for a wetland delineation study in conjunction with constructing a peewee racetrack, a flat racetrack, shelter, pit toilet and fencing for the Riverview Recreation Area, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-477. 114243 - Krizek/Jordan that communication from Associate Planner transmitting application for Marie George for tax exemptions on improvements totaling $1,920.00 for property located at 112 West Wellington Street in the Consolidated Urban Revitalization Area Plan be received, placed on file and "Resolution approving said application", be adopted and City Clerk instructed to forward application to the Black Hawk County Assessor. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-478. 114244 - Krizek/Jordan that communication from Associate Planner transmitting application for Ron and Cora Turner for tax exemptions on improvements totaling $47,000.00 for property located at 616 Newell Street in the Consolidated Urban Revitalization Area Plan be received, placed on file and "Resolution approving said application", be adopted and City Clerk instructed to forward application to the Black Hawk County Assessor. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-479. 1:14245 - Krizek/Jordan that communication from Associate Planner transmitting application for Norma J. McGurn for tax exemptions on improvements totaling $23,000.00 for property located at 953 Shultz Street in the Consolidated Urban Revitalization Area Plan be received, placed on file and "Resolution approving said application", be adopted and City Clerk instructed to forward application to the Black Hawk County Assessor. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-480. 114246 - Krizek/Jordan that communication from Associate Planner transmitting application for Edna Mae Hughes for tax exemptions on improvements totaling $55,000.00 for property located at 614 Lakeside Street in the Consolidated Urban Revitalization Area Plan be received, placed on file and "Resolution approving said application", be adopted and City Clerk instructed to forward application to the Black Hawk County Assessor. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-481. 114247 - Krizek/Jordan that communication from Associate Planner transmitting application for William J. Bronson for tax exemptions on improvements totaling $6,008.00 for property located at 131 Bertch Avenue in the Consolidated Urban Revitalization Area Plan be received, placed on file and "Resolution approving said application", be adopted and City Clerk instructed to forward application to the Black Hawk County Assessor. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-482. August 28, 2000 RESOLUTIONS TO BE ADOPTED Page 6 114248 - Berry/Jordan that communication from Deputy Finance Manager transmitting various end of fiscal year fund transfers be received, placed on file and "Resolution approving said fund transfers", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-483. 114249 - Berry/Jordan that "Resolution transferring funds in the amount of $13,617.41 from Fund 395 (GO Bond Proceeds) and $10,000.00 from Fund 396 (GO Bond Proceeds) to Fund 100 (Debt Service) to close out the Bond Proceeds Fund", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-484. 114250 - Berry/Jordan that "Resolution approving proposal from PDCM to act as insurance agent for the city and to authorize PDCM to seek quotes for liability and property insurance", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-485. ORDINANCES TO BE ADOPTED 114251 - Anders/Jordan that "an Ordinance amending the 1999 Traffic Code by repealing Subsection (4) Lime Street of Section 548, Bus Zones; and enacting in lieu thereof new Subsections (4) High Street and (6a) Vine Street of Section 548, Bus Zones; and repealing Subsection (57) Lime Street of Section 553, No Parking Here to Corner; and enacting in lieu thereof a new Subsection (57) Lime Street of Section 553, No Parking Here to Corner; and adding Section 559a, 15 Minute Parking; and repealing Subsection (1) High Street of Section 560, 30 Minute Parking (install No Parking Here To Corner signs in 700 block of Lime Street; No Parking This Side signs on High Street from Lime to Vine Streets; 15 Minute Parking from 6:00 a.m. to 3:00 p.m. signs on east side of High Street south to Vine Street and on north side of Vine Street east to S. Barclay Street; and Buses Only signs on the east side of High Street north to Lime Street and on the north side of Vine Street west to High Street)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 114252 - Jordan/Gronen that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 114253 - Krizek/Jordan that "an Ordinance amending the 1999 Traffic Code by repealing Subsection (4) Lime Street of Section 548, Bus Zones; and enacting in lieu thereof new Subsections (4) High Street and (6a) Vine Street of Section 548, Bus Zones; and repealing Subsection (57) Lime Street of Section 553, No Parking Here to Corner; and enacting in lieu thereof a new Subsection (57) Lime Street of Section 553, No Parking Here to Corner; and adding Section 559a, 15 Minute Parking; and repealing Subsection (1) High Street of Section 560, 30 Minute Parking (install No Parking Here To Corner signs in 700 block of Lime Street; No Parking This Side signs on High Street from Lime to Vine Streets; 15 Minute Parking from 6:00 a.m. to 3:00 p.m. signs on east side of High Street south to Vine Street and on north side of Vine Street east to S. Barclay Street; and Buses Only signs on the east side of High Street north to Lime Street and on the north side of Vine Street west to High Street)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4434. BILLS PAYMENT 114254 - Krizek A that "Resolution approving Schedule AP640, pp. 1-74, dated August 28, 2000, in the amount of $2,204,732.41, 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: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-486. • }August 28, 2000 NEW BUSINESS 114255 - Anders/Jordan Page 7 that communication from Waterloo Water Works General Manager transmitting request of Frank and Lizzie Guyton to certify $680.0 for work performed by the Waterloo Water Works at 512 Nicholas Street, together with recommendation of approval of Board of Waterloo Water Works Trustees, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2000-487. TRAVEL REQUESTS 114256 - Gronen/Jordan that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Fred Debe and Bob Fahr, Airport Board Members; Jeffrey Robbins, Director of Aviation; Kim Bakker, Assistant Director of Aviation; and Mayor John R. Rooff to attend Federal Aviation Administration Meeting in Kansas City, Missouri, on August 28-29, 2000, with costs not to exceed $1,590.00. 2. Jack Stainbrook, Lieutenant, and Tim Pillack, Sergeant, to attend Mid States Organized Crime Information Center Training and Conference in Springfield, Missouri, on September 18-22, 2000, with costs not to exceed $870.000, including use of city vehicle. 3. Dave Boesen, Lieutenant, to attend International Association of Arson Investigators Seminar and Annual Meeting in Ames, Iowa, on September 26-29, 2000, with costs not to exceed $325.00, including use of city vehicle. Ayes: Seven. Motion carried MISCELLANEOUS 114257 - Jordan/Krizek that the following beer and liquor license permit applications be received, placed on file and approved and endorsed application forwarded to the Iowa Beer and Liquor Control Department and the following applications for Building Moving License and Recycling Yard Licenses be received, placed on file and approved: 1. Liquor License Permit Application Class E Osco Drug Store, 2068 Logan Avenue (Renewal) (Expires 9/15/01) (Includes Sunday Sales) 2. Beer/Wine License Permit Application Class C The Wishbone, Inc., 201-205 W. 18th Street (Renewal) (Expires 9/14/01) (Includes Sunday Sales) Chen's Waterloo Yen Ching, 109 Commercial Street (New) (Expires 9/11/01) (Includes Sunday Sales) 3. Beer License Permit Application Class B Main Street Waterloo, 329 E. 4th Street (Transfer to Old Warehouse Antiques, 200 Sycamore Street, on September 21, 2000) 4. Wine License Permit Application Class B Osco Drug Store, 2068 Logan Avenue (Renewal) (Expires 9/15/01) (Includes Sunday Sales) 5. Building Moving License Hansen's House Moving, 31064 Spring Avenue, New Hartford August 28, 2000 Page 8 MISCELLANEOUS CONTINUED 6. Recycling Yard License Application Pat's Auto Salvage, 945 Lowell Avenue Northside Auto, 821 Dearborn Stuber Enterprises, Inc., 275 Rampart Lane Quails Auto Salvage & Sales, 202 Glendale Street Weissman Iron & Metal, 1500 W. Airline Highway Kevin's Auto Parts, 953 Fulton Street Chase Auto Parts Co. Inc., 1041 Sheffield Avenue Weekley's Auto Salvage, 110 Court Avenue Pierce Used Cars, 1500 Commercial Street Wilber Auto Body & Sales, Inc., 222011 Easton Avenue B. Schultz Company, 1500 David Street A -Line Iron & Metal, 808 Dearborn Avenue Vic Fuller Salvage & Wrecking Co., 2113 Mitchell Avenue Dick's Auto Salvage, 612 Power Street Waterloo Auto Parts, Inc., 1501 Grandview Avenue Jones Metals, 2452 Burton Avenue Ayes: Seven. Motion carried. ADJOURNMENT 114258 - Jordan/Getty that the Council adjourn at 6:30 p.m. Ayes: Seven. Motion carried. Nancy Eckert City Clerk • •