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HomeMy WebLinkAbout08/14/95August 14, 1995 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, August 14, 1995. Mayor John R. Rooff in the Chair. Roll Call: Anders, Jordan, Murphy, Getty, Krizek, Mollenhoff, Collier. Invocation by: Reverend James Carstensen, Good Shepherd Lutheran Church Pledge of Allegiance: Fire Chief Frank Magsamen Recognition of Week: Pepsi-Cola General Bottlers, Barry Athy, General Manager 105337 - Mollenhoff/Krizek that the Agenda, as amended, for the Regular Session on Monday, August 14, 1995 at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Collier. Motion carried. 105338 - Jordan/Murphy that the Minutes, as amended, for the Regular Session on Monday, August 7, 1995 at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Collier. Motion carried. Mayor Rooff recognized Larry Schoer for 30 years of employment with City of Waterloo. Collier now present at 7:10 p.m. Mayor Rooff read a Proclamation declaring August 16-19, 1995 as Knights of Columbus Tootsie Roll Campaign. ASSESSMENT HEARING 105339 - Krizek/Murphy that proof of publication of notice of public hearing on F.Y. Assessment Program - Zone 7, Contract No. 489, as published in on July 28, 1995 and August 4, 1995, be received and placed on Motion carried. 105340 - HOLD HEARING --This being the time and place of public hearing, written and oral objections. 1996 Sidewalk Repair the Waterloo Courier file. Ayes: Seven. the Mayor called for Mayor Rooff read the objections to assessment from the property owners of 619 Elm Street along with the response from the Engineering Department stating that the work was done without a permit but has been inspected and accepted and removed from the assessment program. The letter of Larry Bedard stating objections to assessment due to erosion caused by salt or the inability to rezone the property for commercial use or vacation was read along with the response from the Planning Department regarding zoning requirements and the denial for vacation due to the need for public use. The objection of the Department of Corrections was entered into the record and the Engineering Department reported that they inspected these properties and approved removing them from the assessment program. With no further written objections on file Mayor Rooff asked for comments from the public. Chester Schuler, 133 Polk St, objected to the designation for repair of a sidewalk with a void underneath stating that it has not settled and no void is apparent. City Engineer Eric Thorson stated that this property was reviewed after a staffing was requested by the Mayor and the sidewalk is undermined and needs to be replaced. Mayor Rooff asked Mr. Schuler if he had talked to Community Development about assistance through the Block Grant Program but Mr. Schuler was not amenable to that idea. Carol Ennenga, owner of 1015 Sycamore, asked for a clarification of the assessment process, specifically interest rates and administration fees. City Engineer Eric Thorson stated that the interest rate is charged on assessments that are unpaid after the property taxes are collected and is set by the State of Iowa. The administration fee charged by the City generally runs between thirteen and fifteen percent of the cost of the assessment program and is spread equally across the assessment list. Carol Ennenga asked for consideration of a one year extension because the addresses she owned in the assessment program could be developed within one year and the sidewalk may need to be reconstructed at that time. Mayor Rooff instructed Ms. Ennenga to meet with the City Engineer regarding any future plans to see if it would be appropriate. Ed and Wanda Hedges, 1010 Lafayette, stated their objection to the assessment at 1010 Lafayette because the sidewalk was broken by the City's forestry department dropping a tree during removal. At the time of the incident Mr. Hedges complained to the department and they said they would take care of it but it was never repaired. Mr. Hedges never went any further with it because it was before the implementation of the sidewalk program and he didn't feel concerned about the cracks. Parks Superintendent Paul Huting agreed to meet with the resident and make a recommendation to the council. Mr. Hedges also complained about sidewalks being damaged for property he owns at 208, 210, 214 and 222 E. Eighth Street. Community Development contracted for houses to be demolished in this area and the demolition crews drove equipment over the sidewalk and contributed to their damage. City Planner Don Temeyer agreed to speak with staff at Community Development to assess the damage. August 14, 1995 Page 2 Assessment Hearing - continued James Hopper, 275 Martin Road, reported that he had been contacted in April to clean the sidewalks on property he owns on Colorado Street, after cleaning the sidewalks, forty-seven feet out of the total one hundred feet of sidewalk was marked for repair. He stated that the sidewalk terminates at an alley and then the property goes to the river. He requested the sidewalk be vacated in April but received no response from City staff. City Engineer Eric Thorson stated that he is unaware of receiving that request but that the property sounded appropriate for vacation and if a written request could be provided again it would be considered for council action. Murphy/Collier that the hearing be closed, letters of objection from the owner of property at 619 Elm Street, Larry Bedard and State of Iowa Department of Correctional Services, 525/527 E. 5th Street and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 105341 - Getty/Mollenhoff that the Proposed Resolution of Necessity for the F.Y. 1996 sidewalk Assessment Program - Zone 7, Contract No. 489, be tabled for one week. Ayes: Seven. Motion carried. HEARING 105342 - Collier/Jordan that proof of publication of notice of public hearing on request of Waterloo Art Association to sell and convey property located at 902 Logan Avenue (Dunsmore House), as published in the Waterloo Courier on August 1, 1995, be received and placed on file. Ayes: Seven. Motion carried. 105343 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Murphy/Jordan that the hearing be closed. Ayes: Seven. Motion carried. 105344 - Mollenhoff/Collier that "Resolution authorizing sale and conveyance of property located at 902 Logan Avenue (Dunsmore House) to Waterloo Art Association", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-504. PETITIONS FROM PUBLIC 105345 - Anders/Collier that communication from Associate Engineer transmitting request from Cedar Falls Construction for a variance of Chapter 25.5 of the Noise Control Ordinance, from August 15, 1995 to December 1, 1995 in conjunction with F.Y. 1995 Downtown Concrete Repair Program, Contract No. 481, 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 assigned No. 1995-505. 105346 - Krizek/Jordan that communication from City Engineer transmitting request of George D. Draper for a waiver for a concrete driveway to be located at 902 Vermont 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 assigned No. 1995-506 DOCUMENTS 105347 - Anders/Murphy that communication from City Planner transmitting an application with the Iowa Department of Transportation to perform work within state highway right of way in conjunction with construction of Sergeant Road Trail from Shaulis Road to Relocated Westfield Avenue, be received, placed on file and "Resolution approving said application", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-507. August 14, 1995 Documents - continued 105348 - Jordan/Murphy Page 3 that communication from Mayor Rooff transmitting an agreement with the Waterloo Industrial Development Association to finance the purchase of 247.6 acres of property for an industrial park to be generally located between Newell Street and the Chicago and Northwestern Railroad, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-508. RESOLUTIONS TO BE ADOPTED 105349 - Mollenhoff/Anders that "Resolution approving and accepting the Klinefelter Livery Stable building located at 224 West Park Avenue (formerly Allbee Printing)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-509. 105350 - Krizek/Collier that "Resolution authorizing the Mayor to execute a grant application to Iowa Juvenile Justice for Crime Prevention in the amount of $245,385, with a match of an additional $61,346 from locally funded programs on behalf of Village Initiative", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-510. 105351 - Anders/Collier that "Resolution allocating FY96 budgeted program funding for purposes of meeting Iowa Juvenile Justice for Crime Prevention match requirement, including the After School Club in the amount of $14,728, Midnight Basketball in the amount of $15,700. and the Boys and Girls Club in the amount of $12,000", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-511. ORDINANCES TO BE ADOPTED 105352 - Jordan/Murphy that "an Ordinance amending the 1991 Traffic Code: by repealing Subsection (112) San Marnan Drive of Section 543, Thru Streets; and enacting in lieu thereof a new Subsection (112) San Marnan Drive of Section 543, Thru Streets; and by adding Subsection (5a) Irving Street to Section 563, One Hour Parking; and by repealing Subsection (179) Irving Street of Section 551, Parking Prohibited at all Times on Certain Streets; and enacting in lieu thereof new Subsection (179) Irving Street of Section 551, Parking Prohibited at all Times on Certain Streets (removal of stop sign on San Marnan Drive at the intersection of Texas Street and allowing one hour parking on a portion of the 100 block of Irving Street)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 105353 - Collier/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 105354 Collier/Murphy 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. 105355 - Anders/Jordan that "an Ordinance amending the 1991 Traffic Code: by repealing Subsection (112) San Marnan Drive of Section 543, Thru Streets; and enacting in lieu thereof a new Subsection (112) San Marnan Drive of Section 543, Thru Streets; and by adding Subsection (5a) Irving Street to Section 563, One Hour Parking; and by repealing Subsection (179) Irving Street of Section 551, Parking Prohibited at all Times on Certain Streets; and enacting in lieu thereof new Subsection (179) Irving Street of Section 551, Parking Prohibited at all Times on Certain Streets (removal of stop sign on San Marnan Drive at the intersection of Texas Street and allowing one hour parking on a portion of the 100 block of Irving Street)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4121. 105356 - Getty/Anders that "an Ordinance amending the 1993 Code Iowa, by repealing Article I, Taxicabs, enacting in lieu thereof a new Article I, Vehicles for Hires", be received, placed first time. of Ordinances of the City of Waterloo, of Chapter 36, Vehicles for Hire; and Taxicabs and Limousines, to Chapter 36, on file, considered and passed for the August 14, 1995 Ordinances to be Adopted - continued Prior to a vote on the above motion, the following discussion was heard. Page 4 David Gross, 1107 E. Mitchell Ave, stressed to the council the importance of public transportation in this community to persons without private means of transportation. There is a limited availability of transportation services after the regional transit system's operating hours are over unless residents use the taxicab service. Mr. Gross stated that the current taxicab service is inadequate and he recommends strengthening the ordinance to improve sanitation regulations. The current ordinance is inadequate and after reading the proposed ordinance he felt the community would again be locked into an ordinance that is ineffective. Mr. Gross requested that this reading be delayed and that the council return to work session on the ordinance and that the work session be scheduled during daytime hours so that those citizens who rely on public transportation could attend the meeting. Deann Downs, owner of First Class Professional Coaches, raised four issues for consideration by the council. The ordinance does not require a safety inspection for vehicles and it needs to have parameters set regarding who will perform inspections and when. The capacity of the Health Department needs to be delineated and language on whether passing an inspection is a requirement of obtaining the license should be included. Harold Friedley, Friedley Limousine Service, stated that he can't understand why limousines were placed in the taxicab ordinance. Limousines shouldn't be required to place signs on their doors as it would detract from the attraction of the service. The limousine chauffeurs are licensed and most services are booked up to a year in advance. Getty/Anders that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by repealing Article I, Taxicabs, of Chapter 36, Vehicles for Hire; and enacting in lieu thereof a new Article I, Taxicabs and Limousines, to Chapter 36, Vehicles for Hires", be tabled until September 30, 1995 and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 105357 - Krizek/Collier that "an Ordinance repealing Section 27-6, Discharging and Possessing Air Rifles and Similar Devices Prohibited; Exception of Chapter 27, Offenses --Miscellaneous; and enacting in lieu thereof a new Section 27-6, Discharging and Possessing Air Rifles and Similar Devices Prohibited; Exception of Chapter 27, Offenses --Miscellaneous (license bow deer hunting as allowed by the Iowa Department of Natural Resources under its Special Deer Management Zone procedures)", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion the following discussion was heard. Councilperson Krizek requested that an annual sunset clause be placed in the ordinance before consideration. Councilperson Anders asked if the Iowa Department of Natural Resources would be regulating the bow hunting through their establishment of the deer management zone. Steve Finegan, Iowa Department of Natural Resources, stated that the DNR would like to have the authority to set the times and locations for the deer management zone without returning to council time and again. Anders supported the sunset clause so that the item is placed before the council on an annual basis. Getty to call the question and cease discussion. Ayes: Seven. Motion carried. 105358 Krizek/Collier that "an Ordinance repealing Section 27-6, Discharging and Possessing Air Rifles and Similar Devices Prohibited; Exception of Chapter 27, Offenses --Miscellaneous; and enacting in lieu thereof a new Section 27-6, Discharging and Possessing Air Rifles and Similar Devices Prohibited; Exception of Chapter 27, Offenses --Miscellaneous (license bow deer hunting as allowed by the Iowa Department of Natural Resources under its Special Deer Management Zone procedures)", be received, placed on file, considered and passed for the first time. Ayes: Six. Nays: Jordan. Motion carried. 105359 - Getty/Murphy that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Nays: Jordan. Motion carried. 105360 - Mollenhoff/Collier that a copy of the Summary of Concerns of the CCUW be received and placed on file. Ayes: Seven. Motion carried. 105361 - Collier/Murphy 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: Six. Nays: Jordan. Motion carried. ''\ s August 14, 1995 Ordinances to be Adopted - continued 105362 - Collier/Krizek Page 5 that "an Ordinance repealing Section 27-6, Discharging and Possessing Air Rifles and Similar Devices Prohibited; Exception of Chapter 27, Offenses --Miscellaneous; and enacting in lieu thereof a new Section 27-6, Discharging and Possessing Air Rifles and Similar Devices Prohibited; Exception of Chapter 27, Offenses --Miscellaneous (license bow deer hunting as allowed by the Iowa Department of Natural Resources under its Special Deer Management Zone procedures)", be adopted. Ayes: Five. Nays: Jordan, Mollenhoff. Ordinance adopted and upon approval by Mayor assigned No. 4122. BILLS PAYMENT 105363 - Krizek that "Resolution approving Schedule AP640, pp. 1-56 dated August 14, 1995, in the amount of $1,315,714.74, a copy of which is on file in the City Clerk's office", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-512. NEW BUSINESS 105364 - Mollenhoff/Jordan that communication from Superintendent of Water Pollution/Flood Control transmitting recommendation of appointment of Ellen Myers to the position of Pretreatment & Laboratory Services Coordinator, at a mutually agreed upon date, subject to passing of physical, be received, placed on file and approved. Ayes: Seven. Motion carried. 105365 - Mollenhoff/Murphy that communication from City Planner transmitting recommendation of appointment of Richard W. Earles to the position of Housing/Block Grant Program Manager, effective August 15, 1995, be received, placed on file and approved. Ayes: Seven. Motion carried. 105366 - Krizek/Jordan to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 1996 Young Arena Parking Lot Improvements, Contract No. 498, be received, placed on file and approved. Ayes: Seven. Motion carried. 105367 - Murphy/Krizek that plans, specifications, form of contract, etc. in conjunction with F.Y. 1996 Young Arena Parking Lot Improvements, Contract No. 498, be received and placed on file. Ayes: Seven. Motion carried. 105368 - Jordan/Mollenhoff that "Resolution preliminarily approving plans, specifications, etc. in conjunction with the above said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-513. 105369 - Anders/Jordan that "Resolution setting date of hearing on plans, specifications, etc. and taking of bids as August 28, 1995 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 assigned No. 1995-514. Travel Requests 105370 - Murphy/Mollenhoff that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Douglas H. Olds, Fire Engineer, to attend National Emergency Training Center, in Emmitsburg, Maryland on August 21 -September 1, 1995, with costs not to exceed $177.00. 2. Robert Ball, Chief Combination Inspector, to attend ICBO Combination Dwelling Inspector exam in Des Moines, Iowa on September 16, 1995, with costs not to exceed $200.00, including the use of city vehicle. Ayes: Seven. Motion carried. August 14, 1995 MISCELLANEOUS 105371 - Getty/Krizek Page 6 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, cigarette permit, and pawnbroker's and secondhand good dealer's license, be received, placed on file and approved: 1. Beer License Permit Application Class B Young Arena, 125 Commercial (Renewal) (Expires 9/6/96) (Includes Sunday Sales) UpDowntowners of Waterloo, 100 block of East 4th Street, 100 block of West 4th Street, 200 block of West 4th Street (Temporary 8/26/95 - 8/30/95) 2. Beer License Permit Application Class C 6 Corners Express, 1625 West 4th Street (Renewal) (Expires 9/14/96) (Includes Sunday Sales) Christian T. Express, 2332 Falls Avenue (Renewal) (Expires 8/24/96) (Includes Sunday Sales) 3. Beer/Liquor License Permit Application Class C Carlos O'Kelly, Inc., 1331 Flammang Drive (New) (Expires 8/21/96) (Includes Sunday Sales) Application for Outdoor Service Area Buzz's Bar, 1016 Maynard --8/26/95 thru 8/27/95 UpDowntowners of Waterloo, 100 block of East 4th Street, 100 block of West 4th Street, 200 block of West 4th Street --8/26/95 thru 8/27/95 Application for Cigarette Permit B & B Tobacco, Cattle Congress Fleagle Foods, 2834 Ansborough Application for Pawnbroker's and Secondhand Goods Dealer's License Farris Stereo & Loan, 211 West 18th Street Sycamore Pawn & Bank Shop, 1202 Sycamore Street Ayes: Seven. Motion carried. BONDS 105372 - Mollenhoff/Jordan that the report of the City Attorney and list of bonds filed with the City Clerk through August 14, 1995, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. ORAL PRESENTATIONS 105373 Ken Davenport, 326 Courtland, thanked the council for approving the sale of the Dunsmore House to the Art Association and stated that everyone is welcome to the first exhibit held in the new location. Invitations will be forthcoming. Councilperson Murphy expressed his appreciation to a citizen he met at Byrnes Park, Don Hurst, a retired gentleman that voluntarily picks trash in the park. Murphy commended him on his commitment to the community. Councilperson Getty reported that he reviewed the rental units on Longfellow and Donald Street as requested last week. After speaking with the owner he stated that the owner has committed to repairing and painting these properties this fall after the current tenants vacate the units. Jim Porter, 1322 Northey, invited the public and council to participate in the KBBG fundraiser and extended his appreciation to those who were taking on the responsibility of the car. Getty/Jordan that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 105374 - Krizek/Jordan that the council adjourn at 8:29 p.m. Ayes: Seven. Motion carried. Susan Fangman City Clerk