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HomeMy WebLinkAbout09/12/94September 12, 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, September 12, 1994. Mayor John R. Rooff in the Chair. Roll Call: Jordan, Collier, Krizek, Mollenhoff, Anders, Murphy, Getty. Invocation by: Father George Karnik, St. John's Catholic Church. Pledge of Allegiance: Troop #428 --Kate Giblin, Lisa Christopher, and Marlene Giblin, Leader. Recognition of Week: Iowa Communications Community Credit Union, Doug Hintzman. Presentation by Iowa Communications Community Credit Union of $500 donation for "Strike a Match" program. 103525 - Mollenhoff/Collier that the Agenda, as proposed, for the Regular Session on Monday, September 12, 1994, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. 103526 - Jordan/Krizek that the Minutes, as proposed, for the Regular Session on Tuesday, September 6, 1994, at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff read a Proclamation declaring September 18-24, 1994 National Rehabilitation Week. HEARINGS 103527 - Mollenhoff/Jordan that proof of publication of notice of public hearing on request of Schenk Engineering Company on behalf of Allen Memorial Hospital to rezone from "A-1" Agricultural District to "R-4" Multiple Family Residence District/"C-Z Conditional Zoning property generally located at the southwest corner of Ridgeway Avenue and West 4th Street to develop a clinic and medical office park, as published in the Waterloo Courier on August 24, 1994, be received and placed on file. Ayes: Seven. Motion carried. 103528 - 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 the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Seven. Motion carried. 103529 - Getty/Jordan that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 57 to Section 2A -7N Conditional Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 103530 - Mollenhoff/Collier that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 103531 - Jordan/Krizek 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. 103532 - Collier/Mollenhoff that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 57 to Section 2A -7N Conditional Rezoning Certain Property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4036. 103533 - Mollenhoff/Anders that proof of publication of notice of public hearing on request of Virgil Eilers to rezone from "R-2" One and Two Family Residence District to "M-1" Light Industrial District property generally located at the end of Columbia Street where it intersects with vacated Litchfield Avenue to continue operating a pallet repair and storage business, as published in the Waterloo Courier on August 25, 1994, be received and placed on file. Ayes: Seven. Motion carried. September 12, 1994 Page 2 Hearings - continued 103534 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for a motion to defer hearing to September 19, 1994. Getty/Murphy that the hearing on the above request be deferred to Monday, September 19, 1994. Ayes: Seven. Motion carried. 103535 - Murphy/Mollenhoff that proof of publication of notice of public hearing on amendments to the 1993 Code of Ordinances of the City of Waterloo, Iowa, Chapter 19, Housing, as it pertains to fees, regular rental inspections and early warning fire protection system, as published in the Waterloo Courier on August 25, 1994, be received and placed on file. Ayes: Seven. Motion carried. 103536 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Gary Rankin, 1165 Dixon Dr, raised questions about Sections 19-65e and 19-19. He inquired whether a three-plex with separate owners for each unit would be inspected and billed as a single unit or as three separate units. Fire Chief Magsamen informed Mr. Rankin that each owner would be billed and each unit inspected separately. Mr. Rankin requested further explanation about whether inspection fees are charged for unsubstantiated complaints. Chief Magsamen explained that there are no charges if the complaints are unfounded but an inspection fee would be charged if violations are cited. Chief Magsamen informed Mr. Rankin and the Council of the differences between the business re -inspection fee schedule in comparison to the residential schedule. Businesses receive a gradual schedule and residential are not charged for reinspection unless violations have not been corrected. Cheryl Christiansen, 1156 Rachael St, proposed that the Council change the ordinance to require regular inspection of only multiple units and single unit inspection on a complaint basis only. Getty/Jordan that the hearing be closed and written and oral comments be received and placed on file. Ayes: Seven. Motion carried. 103537 - Jordan/Collier that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, Chapter 19, Housing, as it pertains to fees, regular rental inspections and early warning fire protection system", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 103538 - Getty/Collier that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 103539 - Jordan/Collier 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. 103540 - Collier/Mollenhoff that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, Chapter 19, Housing, as it pertains to fees, regular rental inspections and early warning fire protection system", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4037. DOCUMENTS 103541 - Getty/Jordan that communication from City Engineer transmitting Engineering Services Agreement with Robinson Engineering Company in conjunction with F.Y. 1995 Mullan Avenue Pedestrian Overpass Repairs, Contract No. 477, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-441. September 12, 1994 Page 3 Documents - continued 103542 - Getty/Jordan that communication from City Planner transmitting contract with Midland Security & Express Company, to provide ,security services for the Park Avenue parking ramp and the East Fifth Street parking ramp, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1994-442. ORDINANCES TO BE ADOPTED 103543 - Collier/Mollenhoff that "an Ordinance adopting the Logan Plaza Urban Revitalization Area No. 2", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 103544 - Mollenhoff/Collier that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (333) Sager Avenue of Section 551 Parking Prohibited at all Times on Certain Streets; and by enacting in lieu thereof a new Subsection (333) Sager Avenue of Section 551, Parking Prohibited at all Times on Certain Streets (restricted parking on the south side of Sager Avenue from Progress to the cul-de-sac to the east)", be deferred to September 26, 1994. Ayes: Seven. Motion carried. 103545 - Anders/Jordan that "an Ordinance establishing grades for the F.Y. 1995 Sidewalk Inspection and Repair Program - Zone 6, Contract No. 470", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 103546 - Jordan/Krizek that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 103547 - Collier/Krizek 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. 103548 - Mollenhoff/Jordan that "an Ordinance establishing grades for the F.Y. 1995 Sidewalk Inspection and Repair Program - Zone 6, Contract No. 470", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4038. NEW BUSINESS 103549 - Anders/Getty that communication from City Planner transmitting request to convey city -owned property generally located at the south end of Cottonwood Lane to Donald E. Miller for $1.00 and other valuable consideration in conjunction with Donald Street Drainage Improvements, be received, placed on file and "Resolution setting date of hearing as September 26, 1994 at 7:00 p.m. in the City Hall Council Chambers on the above request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 19994-443. Travel Requests 103550 - Krizek/Jordan that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. David Keidel, Housing Inspector, to attend Iowa Association of Housing Officials Fall Workshop in Iowa City, Iowa on September 15-16, 1994, with costs not to exceed $210.00, including the use of city vehicle. 2. Eric Thorson, City Engineer, to attend Iowa Engineering Society 105th Annual Meeting in Cedar Rapids, Iowa on October 13-14, 1994, with costs not to exceed $133.50, including the use of city vehicle. Ayes: Seven. Motion carried. September 12, 1994 MISCELLANEOUS 103551 - Mollenhoff/Jordan Page 4 that the following beer and liquor license permit applications be received, placed on file and approved and endorsed applications forwarded to Iowa Beer & Liquor Control Department and applications for license for recycling yard and cigarette permit application be received, placed on file and approved: 1. Beer/Liquor License Permit Application Class C Loading Dock, 1435 Sycamore Street (Renewal) (Expires 9/24/95) Sales) Casey's 218 Pub, 4010-4018 University (Renewal) (Expires 10/1/ Sunday Sales) Ka -Boo's, Inc., 324 West 4th Street (Renewal) (Expires 10/1/95) Sales) T. J. and Company Lounge, 3850 Airline Highway (Renewal) (Expi 2. Application for License for Recycling Yard Tournier Recycling, 900 Fulton Street J & L Auto Salvage, 1003 Winona Street B & L Auto Salvage, 953 Fulton Street Northside Auto Salvage, 821 Dearborn 3. Cigarette Permit Application One (1) Ayes: Seven. Motion carried. ORAL PRESENTATIONS (Includes Sunday 95) (Includes (Includes Sunday res 9/23/95) 103552 Dorothy Carter, 435 Conger St, requested that the Mayor and Council assist with cleaning up the property at 431 Conger St. Ms. Carter has informed the Black Hawk County Health Department of this property and Operation Pride has mowed the property once this summer. The Mayor assured Ms. Carter that the new ordinance would allow clean up to occur in a more timely fashion and requested that Councilpersons Anders and Getty investigate this complaint. Cheryl Christiansen, 1156 Rachael St, informed the Mayor and Council of the need for a no parking zone on Haines Avenue near Hoover School. Parents picking up students are blocking the residents from exiting their street. Ms. Christiansen requested an explanation why an ordinance is required for this action to be taken. City Attorney Jim Walsh explained that the City must pass the ordinance to allow for enforcement measures to be taken. Joe Phillips, 726 Logan, informed the Mayor and Council that he needed an extension on his parking lot construction for the opening of his business, By All Means. He requested that the Council approve his beer & liquor license after a commitment has been made with a contractor for completion of the project. City Planner Don Temeyer responded that this license could be placed before the Council for approval if all other requirements have been met and there is proof of a commitment with a contractor for the remaining work to be done. Bruce Mastain, 1423 Vine, informed the Council of two dangerous animals. Mr. Mastain's dog was attacked and killed by two pitbulls in his neighborhood. Mr. Mastain requested the Council investigate this incident and take action against the animals. Mr. Mastain expressed his concerns for the children in the neighborhood and stated that fining the owners does not compensate him for his loss. Mayor Rooff referred this item to Traffic Operations Superintendent Mike Mrzlak for follow up with the Animal Control Officer and a response to Mr. Mastain. Krizek/Mollenhoff that the above oral comments be received, placed on file and the Council adjourn at 7:53 p.m. Ayes: Seven. Motion carried. Susan Fangman City Clerk