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HomeMy WebLinkAbout06/23/1997June 23, 1997 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, June 23, 1997. Mayor Pro Tem Harold Getty in the Chair. Roll Call: Jordan, Krizek, Murphy, Anders, Collier, Mollenhoff, Getty. Invocation by: Reverend Scott Shultz, Walnut Ridge Baptist Church Pledge of Allegiance: Paul Huting, Superintendent of Parks 108634 - Jordan/Mollenhoff that the Agenda, as amended, for the Regular Session on Monday, June 23, 1997 on 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. 108635 - Murphy/Krizek that the Minutes, as proposed, for the Regular Session on Monday, June 16, 1997 on 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Pro Tem Getty recognized Lieutenant Mike Pierce on receiving the Governor's 1997 Joint Council of Fire Service Organization Fire Fighter of the Year Award. PETITIONS FROM PUBLIC 108636 - Mollenhoff/Jordan that communication from City Engineer transmitting request of Chad Lay for a waiver for a concrete driveway to be located at 703 Belle 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. 1997-342. 108637 - Mollenhoff/Jordan that communication from City Engineer transmitting request of Craig E. Mohler for a concrete driveway to be located at 426 Ivanhoe Road, 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. 1997-343. 108638 - Mollenhoff/Jordan that communication from City Engineer transmitting request of residents to barricade alley generally located southwest of Mullan Avenue and Western Avenue to eliminate through traffic, be received, placed on file and "Resolution setting date of hearing as July 14, 1997 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: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1997-344. DOCUMENTS 108639 - Murphy/Krizek that communication from City Planner transmitting request of Metro Investments, Inc. for a loan in an amount not to exceed $75,000 to develop a car wash at Logan Plaza, with a 10 -year amortization and 5 year balloon at 6.5 percent, subject to a local lending institution participating in the project financing, be received, placed on file and "Resolution approving said request", be adopted. Prior to a vote on the above motion, the following comments were heard. Jordan asked the owner, Howard Allen, what the size and value of the development is. Allen responded that the estimated investment is $510,000 and the lot size is 148 x 164. Jordan inquired what the city's position for repayment is compared to the banks. Community Development Program Manager Rich Earles reported that the city is in a subordinate position to the banks as this loan is gap financing. Murphy stated his concern with the possibility of loitering problems and persons using the car wash for drug dealing. A similar problem has occurred with the car wash on East Fourth Street. Allen reported that he will be hiring a manager which will be on duty from 6:00 am to 11:00 pm and with McDonald's next door there will be traffic around at all times. Jordan has been approached by several business owners about the lot being used for a self-service type of business when another type business could provide additional jobs to the area. Anders reported that he had met with Mr. Allen and had all his questions answered. Anders asked very specific questions and Mr. Allen had responses to satisfy his concerns. Anders stated that he hasn't found a reason not to support the loan. Collier has concerns about whether the sewer system can handle this business and whether the car wash will become a hangout or an eyesore. At first he was opposed to the car wash but after speaking with others he supports the project. June 23, 1997 Page 2 Documents - continued Following discussion a vote was taken on the above motion with the following result. Ayes: Six. Nays: Jordan. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1997-345. 108640 - Krizek/Jordan that communication from Traffic Engineer transmitting an Agreement with the City of Cedar Falls and the Iowa Northland Regional Council of Governments to administer an Iowa Department of Transportation grant in the amount of $420,000 to optimize traffic signals in Waterloo and Cedar Falls, 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. 1997-346. 108641 - Krizek/Jordan that communication from Assistant City Planner transmitting Final Plat of Anderson's Second Addition, together with Engineer's Certificate of Survey, Deed of Dedication, Report of the City Engineer, and Resolution adopted by the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said final plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1997-347. 108642 - Krizek/Jordan that communication from City Clerk transmitting recommendation to accept the bid from Iowa Municipal Worker's Compensation Association in the amount of $218,098 for workers compensation insurance, be received, placed on file and "Resolution approving said recommendation", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1997-348. RESOLUTIONS TO BE ADOPTED 108643 - Murphy/Krizek that "Resolution authorizing transfer in the amount of $6,037.84 from June 94 GO Bond Proceeds Fund (394) to the Debt Service Fund (100) to close out the administration costs related to the issuance of the June 1994 GO Bond issue", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1997-349. 108644 - Murphy/Krizek that "Resolution approving partial acquisition contract payment and accepting the deed for Parcel No. 7 (Norman & Bernice King) in the amount of $2,177.00 in conjunction with Broadway & Donald Street Intersection Reconstruction Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1997-350. 108645 - Murphy/Krizek that "Resolution authorizing certification against property taxes certain unpaid sewer and garbage fees", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1997-351. 108646 - Murphy/Krizek that "Resolution authorizing certification against property taxes certain unpaid life safety and rental inspection fees", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1997-352. ORDINANCES TO BE ADOPTED 108647 - Krizek/Jordan that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by repealing Article IV, Redevelopment Authority of Chapter 29, Planning and Zoning Generally; and enacting in lieu thereof a new Article IV, Main Street Waterloo (Redevelopment Authority), of Chapter 29, Planning and Zoning Generally (creating Main Street Waterloo)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 108648 - Murphy/Krizek that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. June 23, 1997 Ordinances to be Adopted - continued 108649 - Collier/Jordan Page 3 that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by repealing Article IV, Redevelopment Authority of Chapter 29, Planning and Zoning Generally; and enacting in lieu thereof a new Article IV, Main Street Waterloo (Redevelopment Authority), of Chapter 29, Planning and Zoning Generally (creating Main Street Waterloo)", 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. 4235. 108650 - Murphy/Jordan that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by adding Division 5, Memorial Hall Commission, of Article VII, Boards and Commission, to Chapter 2, Administration (creating Memorial Hall Commission)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 108651 - Collier/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 108652 - Krizek/Jordan that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by adding Division 5, Memorial Hall Commission, of Article VII, Boards and Commission, to Chapter 2, Administration (creating Memorial Hall Commission)", 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. 4236. 108653 - Krizek/Murphy that "an Ordinance Repealing Sections 28-35, Weapons, Explosives, Fireworks, etc. and 28-51, Hunting and Trapping, of Chapter 28, Parks and Recreation; and enacting in lieu thereof new Sections 28-35, Weapons, Explosives, Fireworks, Etc., and 28-51, Hunting and Trapping, of Chapter 28, Parks and Recreation (allowing bow hunting of deer in designated areas of Katoski Greenbelt)", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following comments were heard. Murphy reported that it has come to his attention that there has been a measurable amount of personal injuries caused by vehicular accidents involving deer. The Ridgeway area frequently has evidence of the deer being hit by traffic. The deer population does need to be controlled. Jordan doesn't disagree with the need to eliminate the overpopulation problem but he doesn't support bow hunting near trails or residences. We haven't tried alternative methods of deer management and continue to promote bow hunting as the only alternative. Mollenhoff restated Jordan's concern about trying another method of management. This is a natural resource area and he feels management of it should involve other tactics. Anders asked for assurance that the ordinance mirrors the original ordinance adopted for the request of the George Wyth bow hunting season. Parks Superintendent Paul Huting stated that the ordinance exactly mirrors the original ordinance except it imposes additional limits on times for hunting. The proposed ordinance does exclude the Christmas school break from the hunting season. Jordan asked if the Park Board approved the proposal for deer hunting. Huting stated that the proposal was approved by the Park Board as they recognized the need to control the deer population. Jordan inquired if there were concerns for safety of the citizens outside the times designated. Huting reported that signs will posted throughout the Greenbelt and along the trails identifying the deer hunting season so that park users will be made aware. Krizek asked representatives from the Department of Natural Resources whether there have been any injuries of hunters or park users since the ordinance was passed three years ago. Mike Bonds, Department of Natural Resources, responded that there have been no injuries as a result of the bow hunting season. Bonds further explained that the DNR supports all efforts to manage the deer population. A report on the deer population reflects that many deer are hit on Ridgeway Avenue. The expense of the overpopulation includes damages to vehicles, injuries and the time police officers have spent on calls. The report actually reflects conservative numbers because it counts only those incidents where the deer is salvable enough to get a DNR permit. He has seen many occurrences where his office is called about poaching in the area but investigations result in the location of deer that have expired in the Greenbelt after receiving injuries from hitting vehicles. June 23, 1997 Page 4 Ordinances to be Adopted - continued Following discussion a vote was taken on the above motion with the following result. Ayes: Five. Nays: Jordan, Mollenhoff. Motion carried. 108654 - Collier/Krizek that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Five. Nays: Jordan, Mollenhoff. Motion failed. BILLS PAYMENT 108655 - Mollenhoff that "Resolution approving Schedule AP 640, pp. 1-96 dated June 23, 1997 in the amount $2,621,201.64, a copy of which is on file in the office of the City Clerk's office", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1997-353. NEW BUSINESS 108656 - Krizek/Murphy that communication from Mayor John Rooff transmitting recommendation of appointment of Greg Stibal, Bruce Estabrook, Jay Koweil, Doris Kelly and Donna Nelson to the Main Street Waterloo (Redevelopment Authority) effective July 1, 1997, with term expiration date of July 1, 1998, be received, placed on file and approved. Prior to a vote on the above motion the following comments were heard. Jordan has concerns about this, however it isn't an issue about the persons being recommended for appointment but rather he is concerned that the one board was consolidated from three boards totalling over sixty persons. He doesn't feel comfortable with the length of time that he was given to review the material. Collier has concerns that there is no minority representation on the board. Earl Baugh is a downtown business owner or the owners of First Gear could participate. Collier feels this needs to be tabled to discuss minority participation further with Mayor Rooff. Krizek has participated in several meetings when the appointments were being discussed and minority participation is to be included in several of the Main Street committees. Collier/Mollenhoff that Items 18-20 appointing members to Main Street Waterloo be tabled. Ayes: Four. Nays: Getty, Krizek, Murphy. Motion carried. 108657 - Jordan/Anders to instruct City Engineer to prepare plans, specifications, form of contract, estimate of costs, etc. in conjunction with the F.Y. 1998 Washington Street and River Road Parking Lot Improvements, Contract No. 531, be received, placed on file and approved. Ayes: Seven. Motion carried. 106658 - Mollenhoff/Collier that plans, specifications, form of contract, estimate of costs, etc. in conjunction with the F.Y. 1998 Washington Street and River Road Parking Lot Improvements, Contract No. 531, be received and placed on file. Ayes: Seven. Motion carried. 108659 - Jordan/Mollenhoff that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1997-354. 108660 - Mollenhoff/Anders that "Resolution setting date of hearing on plans, specifications, etc. and taking of bids as July 14, 1997 at 7:00 p.m. in the City Hall Council. Chambers on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1997-355. 108661 Anders/Krizek to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 1998 Hunt -Wesson Railroad Spur Grading and Sub -Ballast, Contract No. 537, IDOT Project No. RAP-RR96(39)--9T-07, be received, placed on file and approved. Ayes: Seven. Motion carried. June 23, 1997 New Business - continued 108662 - Jordan/Collier Page 5 that plans, specifications, form of contract, etc. in conjunction with F.Y. 1998 F.Y. Hunt -Wesson Railroad Spur Grading and Sub -Ballast, Contract No. 537, IDOT Project No. RAP-RR96(39)--9T-07, be received and placed on file. Ayes: Seven. Motion carried. 108663 - Jordan/Collier that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with above described project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1997-356. 108664 - Mollenhoff/Collier that "Resolution setting date of hearing on plans, specifications, etc. and taking of bids as July 14, 1997 at 7:00 p.m. in the City Hall Council Chambers on the above described project", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1997-357. Travel Requests 108665 - Krizek/Jordan that the following travel requests, with expenses not to exceed the amount shown, be received, placed on file and approved: 1. Ann Meyer, Police Sergeant; Carroll Kienol, Cliff Caughron, Sue Taylor, Willie Keller, Jeff Duggan, and Kevin Nobis, Police Officers, to attend 8th annual D.A.R.E. Training Conference in Clinton, Iowa on July 27-29, 1997, with costs not to exceed $1,592.00 total, including the use of city vehicle. 2. Louis Cutwright Jr., Building Official, to attend International Building Code 75th Annual Conference in Phoenix, Arizona on September 21-26, 1997, with costs not to exceed $1,780.53. Ayes: Seven. Motion carried. MISCELLANEOUS 108666 - Anders/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 and the following application for fireworks display be received, placed on file and approved: 1. Beer/Liquor License Permit Application Class C VFW Club Post 1623, 612 Jefferson (Renewal) (Expires 7/3/98) (Includes Sunday Sales) Elks Club, 407 East Park Avenue (Renewal) (Expires 7/1/98) (Includes Sunday Sales) Maples Lanes, 2608 University (Renewal) (Expires 7/9/98) (Includes Sunday Sales) Knights of Columbus, 1955 Locke Avenue (Renewal) (Expires 6/30/98) (Includes Sunday Sales) 2. Fireworks Display Application Iowa Games Opening Ceremony at Waterloo Stadium on July 11, 1997 Ayes: Seven. Motion carried. BONDS 108667 - Mollenhoff/Jordan that the report of the City Attorney and list of bonds filed with the City Clerk through June 23, 1997, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. ORAL PRESENTATIONS 108668 - Jordan/Collier Tom Hall, Emergency Road Service, asked Mr. Getty to speaklouder because it is difficult to hear him during the meeting. that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. June 23, 1997 ADJOURNMENT 108669 - Jordan/Anders that the Council adjourn at 7:55 p.m. Ayes: Seven. Motion carried. Susan Fangman City Clerk Page 6