Loading...
HomeMy WebLinkAbout12/05/94December 5, 1994 The Council of the City of Waterloo, Iowa, met in Regular Session in the Large Conference, Grout Museum, 503 South Street, Waterloo, Iowa, at 7:00 p.m., on Monday, December 5, 1994. Mayor John R. Rooff in the Chair. Roll Call: Jordan, Krizek, Mollenhoff, Anders, Murphy, Getty. Absent: Collier. Invocation by: Father Patrick Geary, Blessed Sacrament Church Pledge of Allegiance: Cub Scout Pack #29 --Nathan Berryman, Michael Charles, Matt Ganske, Jake Lehman, Joshua McCann, Jesse Smith and LaVern Lehman and Kathy Charles, Leaders Recognition of Week: Hickory House, David & Karen Chilcote, Owners 103916 - Mollenhoff/Krizek that the Agenda, as amended, for the Regular Session on Monday, December 5, 1994, at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Collier. Motion carried. 103917 - Jordan/Murphy that the Minutes, at 7:00 p.m., be carried. Mayor Rooff read sponsored by the HEARINGS 103918 - Krizek/Mollenhoff as proposed, for the Regular Session on Monday, November 28, 1994, accepted and approved. Ayes: Six. Absent: Collier. Motion a proclamation declaring December 7, 1994 as Pearl Harbor Day as AMVETS. that proof of publication of notice of public hearing on request of Daniel Fencl to rezone from "R-2" One and Two Family Residence District to "C -Z" Conditional Zoning property generally located at 1209 Dundee Avenue to convert existing house into a professional office, as published in the Waterloo Courier on November 18, 1994, be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 103919 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Dan Fencl, 1613 Wakonda Dr, reported to the council that he purchased the house to convert it to an office for his money management business. Mr. Fencl is requesting the council approve the proposed changes after the final plan is approved by the Planning Commission so that it won't be required to appear on the council agenda for further action after the approval of the rezoning request. Mollenhoff/Jordan that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 103920 - Jordan/Krizek that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 61 to Section 2A -7N Conditional Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Collier. Motion carried. 103921 - Mollenhoff/Anders that proof of publication of notice of public hearing on proposed issuance of not to exceed $230,000 Health Care Facility Revenue Bonds, Series 1994 Northeast Council on Substance Abuse (NECSA) Project, as published in the Waterloo Courier on November 18, 1994, be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 103922 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hugh Field, 620 Lafayette, appeared before the council as bond counsel for the Northeast Council on Substance Abuse. NECSA is proposing to refinance the bonds issued for the construction of an addition at its location on Falls Avenue. The IDR bonds that are to be issued represent no liability on the City's behalf and are made available to charitable organizations. Mr. Field requested the council approve the resolution to issue IDR bonds in the amount of $230,000.00. Murphy/Jordan that the hearing be closed and oral and written comments be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. December 5, 1994 Hearing - continued 103923 - Getty/Mollenhoff Page 2 that "Resolution determining to proceed with the issuance of not to exceed $230,000 Health Care Facility Revenue Bonds, Series 1994 Northeast Council on Substance Abuse (NECSA) Project", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1994-578. UNFINISHED BUSINESS 103924 - Anders/Jordan that communication from Administrative Director transmitting recommendation of Public Works Committee to combine Phase 1 and Phase 2 (to become expanded Phase 1) of the original Stream Study and Alternative Water Pollution Control Facilities evaluation for the Satellite Treatment Facility, be received, placed on file and approved. Ayes: Six. Absent: Collier. Motion carried. PETITIONS FROM PUBLIC 103925 - Getty/Murphy that communication from City Planner transmitting request of Dr. and Mrs. Lawrence Furlong to vacate the 8 foot utility easement generally located on either side of the northeasterly line of Lot 23 in Audubon Park Fourth Addition, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as December 19, 1994 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: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1994-579. DOCUMENTS 103926 - Anders/Murphy that communication from City Planner transmitting an agreement with Keith Sandvold for final judgment responsibility in conjunction with sale of Disposal Parcel H, Ansborough Avenue (North), be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1994-580. RESOLUTIONS TO BE ADOPTED 103927 - Jordan/Mollenhoff that "Resolution accepting and dedicating the 8 foot easement for utility purposes to be generally located along the northeasterly and southwesterly side of Lot 1 in Audubon Park Fifth Addition", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1994-581. 103928 - Krizek/Murphy that "Resolution approving acquisition contract payment and accepting the deed in the amount of $310,000.00 for property located at 206 West Mullan Avenue, 71 Jefferson Street and 21 River Road (E. Paul Browning and Norma E. Browning) in conjunction with the Intermodal Parking Facility, subject to the results of an environmental site assessment", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1994-582. 103929 - Anders/Getty that "Resolution approving acquisition contract payments and accepting the deeds in the amount of $1,250.00 for Parcel No. 5 (Margaret Melendy); Parcel No. 7 (Margaret Melendy) in the amount of $17,753.84, with relocation costs of $5,000.00; Parcel No. 7A (Myron Melendy) in the amount of $820.00; Parcel No. 8 (Myron Melendy) in the amount of $13,000.00; and Parcel No. 9 (Margaret Melendy) in the amount of $11,087.50, with relocation cost of $5,000.00, in conjunction with Sherwood Park Voluntary Acquisition, subject to relocation costs in an amount not to exceed $5,000.00 without prior council approval of a change and confirmation that there is no offer of relocation costs on Parcel No. 5 and Parcel No. 7A", be adopted. Ayes: Four. Nays: Jordan, Krizek. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1994-583. December 5, 1994 Page 3 Resolutions to be Adopted - continued 103930 Getty/Murphy that "Resolution setting date of hearing as December 19, 1994 at 7:00 p.m. in the City Hall Council Chambers on the proposition of the issuance of not to exceed $2,700,000 General Obligation Bonds (expansion of East Park Avenue ramp)", be adopted and City Clerk instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1994-584. 103931 - Murphy/Getty that "Resolution setting date of hearing as December 19, 1994 at 7:00 p.m. in the City Hall Council Chambers on the authorization of a loan agreement and the issuance of not to exceed $960,000 General Obligation Capital Loan Notes to pay costs of acquiring an ambulance and vehicles and equipment for the fire, police, sanitation and street departments", be adopted and City Clerk instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1994-585. ORDINANCES TO BE ADOPTED 103932 - Mollenhoff/Murphy that "an Ordinance repealing Section 9-6, Surety Bond Prerequisite to Alteration, Construction or Reconstruction; Exception; Amount, Terms and Conditions of Bond, of Chapter 9, Buildings, of the 1993 Code of Ordinances of the City of Waterloo, Iowa; and by enacting in lieu thereof a new Section 9-6, Certificate of Insurance Required, of Chapter 9, Buildings, of the 1993 Code of Ordinances of the City of Waterloo, Iowa", be received, placed on file, considered and passed for the second time. Prior to a vote on the above motion, the following comments were heard. Louis Cutwright, City Building Official, summarized changes staff made in the proposed ordinance to address the certificate of insurance requirement for property owners. The ordinance now exempts property owners from providing a certificate of insurance for work done on a residential property by the owner. A building permit is still required but the certificate of insurance will not be needed. However, plumbing, heating or electrical work is prohibited unless it is done by a licensed contractor. A certificate of insurance will be required during the issuance of any building permit for the construction or reconstruction of any property. Councilperson Getty asked for clarification of the need for insurance using the example of a church parsonage needing reroofing. Louis Cutwright responded that reroofing of the parsonage would require a certificate of insurance. Councilperson Jordan expressed his discomfort with the exposure to the general public by not requiring certificates of insurance for all building permits. The same sentiment was expressed by Councilperson Mollenhoff along with a suggestion that some type of insurance be required. James Walsh, City Attorney, cautioned against establishing legislation which overregulates the public. Mr. Walsh recommended the council receive and place on file the changed ordinance for consideration and passage for the first time in reconsideration of the substantial changes made to the draft of the ordinance. In response to this recommendation it was moved by Mollenhoff, seconded by Murphy that the above ordinance be received, placed on file, considered and passed for the first time. Forest Dillavou, 1625 Huntington Rd, questioned the interpretation of the language requiring a licensed contractor to do construction and reconstruction projects. Louis Cutwright explained that in any project where substantial changes were being done to a building a licensed contractor was needed for his expertise and compliance with building code. Mr. Dillavou cited a past experience with the building department where a permit for remodeling was issued but no inspection was ever made. Mr. Dillavou opposed the property owner being required to bear the additional cost of a licensed contractor. Paul Theron, 307 W. Orange Rd, pointed out that the Building Inspector reviews all plans which should take care of the issue of compliance with City code. Mr. Theron asked for a delineation of the criteria for a permit. Staff informed him that by Uniform Building Code any repair, remodeling or restructuring should be permitted. Repairs are exempted in minor projects such as repairing a broken door but contrastingly the replacement of the door and sash would need a permit. As a rule of thumb, projects with cost estimates less than $1,000.00 should not need a permit. Following comments, a vote was taken on the above motion with the following result. Ayes: Six. Absent: Collier. Motion carried. 103933 - Murphy/Krizek that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Collier. Motion carried. December 5, 1994 Page 4 Ordinances to be Adopted - continued 103934 - Jordan/Angel 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: Five. Nays: Getty. Absent: Collier. Motion carried. 103935 - Mollenhoff/Jordan that "an Ordinance repealing Section 9-6, Surety Bond Prerequisite to Alteration, Construction or Reconstruction; Exception; Amount, Terms and Conditions of Bond, of Chapter 9, Buildings, of the 1993 Code of Ordinances of the City of Waterloo, Iowa; and by enacting in lieu thereof a new Section 9-6, Certificate of Insurance Required, of Chapter 9, Buildings, of the 1993 Code of Ordinances of the City of Waterloo, Iowa", be adopted. Ayes: Six. Absent: Collier. Ordinance adopted and upon approval by Mayor assigned No. 4058. BILLS PAYMENT 103936 - Krizek that "Resolution approving Schedule A918, pp. 1-39, dated December 5, 1994, in the amount of $374,786.53, a copy of which is on file in the City Clerk's office", be adopted. Ayes: Six. Resolution adopted and upon approval by Mayor assigned No. 1994-586. NEW BUSINESS 103937 - Anders/Murphy that communication from Recreation Director transmitting recommendation of appointment of Cammie Scully to the position of Art Director, effective December 6, 1994, be received, placed on file and approved. Ayes: Six. Absent: Collier. Motion carried. 103938 - Krizek/Jordan to instruct Street Superintendent to prepare specifications, form of contract, etc. for the F.Y. 1995 Snow Removal Winter 1994 - 1995, be received, placed on file and approved. Ayes: Six. Absent: Collier. Motion carried. 103939 - Jordan/Krizek that specification, form of contract, etc., for the F.Y. 1995 Snow Removal Winter 1994 - 1995, be received and placed on file. Ayes: Six. Absent: Collier. Motion carried. 103940 - Anders/Murphy that "Resolution preliminarily approving specifications, etc. for the above project", be adopted. Ayes: Six. Absent: Collier. Resolution adopted and upon approval by Mayor assigned No. 1994-587. 103941 - Murphy/Jordan that "Resolution setting date of hearing on specifications, form of contract, etc., and taking of bids as December 12, 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: Collier. Resolution adopted and upon approval by Mayor assigned No. 1994-588. Travel Requests 103942 - Krizek/Mollenhoff that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Harold Waschkat, Chief Plumbing Inspector, to attend Uniform Plumbing Code Seminar in Des Moines, Iowa on December 8-9, 1994, with costs not to exceed $280.00, including the use of city vehicle. 2. Dean Fagerlind, Golf Course Coordinator, to attend Iowa Turfgrass Conference Trade Show in Des Moines, Iowa on January 23-25, 1995, with costs not to exceed $277.00. 3. Terry Blank, Police Sergeant, to attend Managing Police Training in Evanston, Illinois on February 27 -March 3, 1995, with costs not to exceed $910.00. 4. Louis Cutwright, Jr., Building Official, to attend the Basics of Facilities Compliance Under the ADA Seminar in Cedar Rapids, Iowa on January 18, 1995, with costs not to exceed $152.50, including the use of city vehicle. Ayes: Six. Absent �ollier. Motion carried. December 5, 1994 Page 5 MISCELLANEOUS 103943 - Getty/Murphy 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 applications for going out of business sale and cigarette license permit be received, placed on file and approved: 1. Beer License Permit Application Class C Petro -N -Provisions, 1615 Bishop Avenue (Renewal) (Expires 12/26/95) (Includes Sunday Sales) 2. Beer/Liquor License Permit Application Class C Wings Over Iowa, 2790 Airport Boulevard (New Owner) (Expires 12/16/95) (Includes Sunday Sales) Fitzgerald's Grill & Pub, 360 E. Ridgeway Avenue (Renewal) (Expires 12/10/95) (Includes Sunday Sales) Application for Going Out of Business Sale Glessner Jewelry, 204 East 4th Street (60 days --February 5,1995) Application for Cigarette License Permit Petro -N -Provisions, 1615 Bishop Avenue Ayes: Six. Absent: Collier. Motion carried. BONDS 103944 Getty/Jordan that the report of the City Attorney and list of bonds filed with the City Clerk through December 5, 1994, be received, placed on file and report and bonds be approved. Ayes: Six. Absent: Collier. Motion carried. ORAL PRESENTATIONS 103945 - Bruce Kaesser, 1730 Easton Ave, requested that changes to the handicapped parking meters need to be addressed. Councilperson Getty agreed to set up a meeting with the Public Works Committee and Mr. Kaesser to discuss his concerns and solution proposals. Councilperson Murphy recommended that the public purchase family memberships from the Grout Museum and show support by visiting the Grout's attractions. Jordan/Krizek that the above oral comments be received and placed on file. Ayes: Six. Motion carried. ADJOURNMENT 103946 - Jordan/Getty that the Council adjourn at 8:06 p.m. Ayes: Six. Absent: Collier. Motion carried. Susan Fangman City Clerk