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HomeMy WebLinkAbout06/03/91June 3, 1991 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 June 3, 1991. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Councilperson Rose Angel Pledge of Allegiance: Fire Chief Stan Stapella 97512 - Moved by Buck, seconded by Wright that the Agenda, as proposed, for the Regular Session on June 3, 1991, at 7:00 p.m., and the Minutes of the Regular Session on May 28, 1991, at 7:00 p.m., be accepted and approved. Motion carried. HEARING 97513 - Moved by Dell, seconded by Fox that proof of publication of notice of public hearing on request of James and Della Cafaro to reduce a portion of the thirty foot platted building line generally located along the east side of property located at 516 Excelsior Lane, as published in the Waterloo Courier on May 24, 1991, be received and placed on file. Motion carried. 97514 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Moved by Wright, seconded by Angel that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 97515 - Moved by Brown, seconded by Dell that "an Ordinance reducing a portion of the thirty foot platted building line along the east side of property located at 516 Excelsior Lane", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 97516 - Moved by Budak, seconded by Brown that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 97517 - Moved by Fox, seconded by Buck 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. 97518 - Moved by Angel, seconded by Fox that "an Ordinance reducing a portion of the thirty foot platted building line along the east side of property located at 516 Excelsior Lane", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3789. PETITIONS FROM PUBLIC 97519 - Moved by Buck, seconded by Budak that communication from City Engineer transmitting request of Todd Welch for a temporary concrete driveway to be located at 2761 Logan Avenue, 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. 1991-312. June 3, 1991 Page 2 Petitions from Public - continued 97520 - Moved by Buck, seconded by Budak that communication from Assistant City Engineer transmitting request of Stanley R. Garrison for temporary concrete driveway to be located at 2121 Independence Avenue, 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. 1991-313. 97521 - Moved by Buck, seconded by Budak that communication from Assistant City Engineer transmitting request of Leslie F. Utsler for temporary concrete driveway to be located at 2030 Independence Avenue, 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. 1991-314. DOCUMENTS 97522 - Moved by Wright, seconded by Dell that communication from CJIS Coordinator Criminal Justice Information System with Waterloo, Evansdale and Cedar Falls, "Resolution approving said agreement", Clerk/Auditor authorized to execute same. transmitting 28E Agreement for the Black Hawk County and the cities of be received, placed on file and be adopted and Mayor and Deputy Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-315. RESOLUTIONS TO BE ADOPTED 97523 - Moved by Budak, seconded by Wright that communication from Community Development Administrator transmitting corrected warranty deed for 2312 Plain View Street, together with recommendation to rescind Resolution No. 1990-459, be received, placed on file and "Resolution accepting and approving quit claim deed for 2312 Plain View Street and rescinding Resolution No. 1990-459", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-316. BILLS PAYMENTS 97524 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-24, dated June 3, 1991, in the amount of $755,165.03, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-317. NEW BUSINESS 97525 - Moved by Fox, seconded by Brown to instruct the City Engineer to prepare plans, specifications, form of contract, etc. for the F.Y. 1991 City Hall Sanitary Lift Station, Contract No. 406, be received, placed on file and approved. Motion carried. 97526 - Moved by Fox, seconded by Brown that plans, specifications, form of contract, etc., for Sanitary Lift Station, Contract No. 406, be received, "Resolution preliminarily approving the same", be adopted. Resolution adopted and upon approval by Mayor assigned No. F.Y. 1991 City Hall placed on file and Ayes: Seven. 1991-318. June 3, 1991 Page 3 New Business - continued 97527 - Moved by Fox, seconded by Brown that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as July 1, 1991, at 7:00 p.m. in the City Hall Council Chambers on the above described project", be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1991-319. 97528 - Moved by Fox, seconded by Brown that communication from Superintendent of Water Pollution Control transmitting recommendation of appointment of Patricia Magee to the position of Secretary for Water Pollution/Flood Control Department, effective June 17, 1991, be received, placed on file and approved. Motion carried. MISCELLANEOUS 97529 - Moved by Brown, seconded by Wright 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 application for outdoor service area and application for pawnbroker's license, be received, placed on file and approved: 1. Beer License Permit Application Class B Godfather's Pizza, 1946 Schukei Road (Renewal) (Expires 5/19/92) (Includes Sunday Sales) 2. Beer & Liquor License Permit Application Class C Southtown, 2026 Bopp Street (Renewal) (Expires 6/7/92) (Includes Sunday Sales) Application for Outdoor Service Area Winning Edge, 341 Fletcher Avenue --June 4, 1991 -November 1, 1991 Applications for Pawnbroker's License A-1 Pawn, 2000 Hawthorne Motion carried. BONDS 97530 - Moved by Wright, seconded by Angel that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through June 3, 1991, be received, placed on file and report and bonds approved. Motion carried. 97531 - ORAL PRESENTATIONS John McKenna, 102 California Street, discussed the recent fire at R & M Midwest Metals, 2724 Lafayette Street, and that it was being allowed to operate under the "grandfather" clause. Many years ago it was a paper company but has since been converted to a scrap metal operation. He questioned how it could be allowed to continue to operate since the business has been sold and its operation has changed significantly. He commented that he would like the operation moved out of the neighborhood since it does not fit in with the residential character of the area. He questioned who monitors the transformers as well as the propane tanks situated along the rear of the property. Steve Hayes, 51 Zuma Street, stated that a residential neighborhood is an improper location for a junk yard. June 3, 1991 Page 4 Oral Presentations - continued Gerald Sutton, 2706 Lafayette Street and a resident of that location since 1968, complained of the obnoxious smell. He also indicated that the company burns in a barrel inside one of the buildings. Florence Sutton, 2706 Lafayette Street, complained that she cannot even go outside due to the terrible smell emanating from the business. Rose Roszell, 323 California Street and a resident of the area since 1973, stated that she cannot even have a barbecue .in her own back yard due to the terrible smell. Don Temeyer, Planning and Development Director, stated that the business is classified as a legal non -conforming use. He stated that prior to 1969, the land was zoned "M-1" Light Industrial, but due to incompatible uses, it was down zoned at that time to residential. Down zoning does not require an existing business to shut down. The city could remove the business from the area but would be required to pay all relocation expenses. He also indicated that a change in name or ownership does not violate the non -conforming use category. Fire Chief Stan Stapella stated that the propane tanks on the premise were put in legally and with the proper permits. John McKenna, 102 California Street, questioned what agency is responsible to insure that they burn correctly. It was reported that the Department of Natural Resources is the monitoring agency, a separate entity from the City of Waterloo. John McKenna, 102 California Street, also reported that there have not been any building permits issued since 1967 and questioned why additional buildings have been built. Don Temeyer, Planning and Development Director, stated that if the company wished to rebuild, it would be determined at that time whether they would be allowed to rebuild. The zoning ordinance states that a legal non -conforming use that burns beyond 50 percent cannot be replaced. Councilperson Buck asked that city staff review the permits that have been issued on the site in recent years. Mrs. Laverne Leuthje, 343 California Street, complained of the smoke problems in the area. Mayor McKinley stated that the city will look into this matter and determine whether it is legal for the business to operate in this location. Gladys McKenna, 102 California Street, questioned how many people have to be killed before the city realizes that this is a very dangerous operation. She also questioned whether anyone would like to have this in their back yard. Kathy Oberle, 710 Forest Avenue, stated that the city should be consulting the Environmental Protection Agency in Kansas City (EPA) and that this business could be a danger to the entire city. She also questioned who was the last person from the Department of Natural Resources (DNR) to check on this business. Steve Droste, 152 Greenwood Avenue and a resident of the Sherwood Park area for the last three and one-half years, questioned why nothing had been done to clean the area up. He reported that there were many problem properties in the area and had they been located in any other place in Waterloo, they would have been properly taken care of. He stated that residents in the area have formed an association and read a letter explaining the junk car problem in the area and the city's inaction on this matter. He invited city officials to a neighborhood meeting. He stated that in his dealings with the Black Hawk County Health Department, very little has been accomplished by them to alleviate the situation. June 3, 1991 Page 5 Oral Presentations - continued Richard Gleason, 127 Greenwood Avenue, commented that next to property he owns at 132 Edwards Avenue, there is a problem lot owned by Statesman Bank. He asked that the city review the matter and report back to him. City staff will review the situation. Leon Mosley, 99 John Street, spoke on behalf of neighbors in the Sherwood Park area and complained of the inaction of the city and the Black Hawk County Health Department in alleviating the junk car situation. He stated that the city should try to assist the neighbors as much as possible. Councilperson Budak questioned him as to who enforces the junk car regulations. Louis Cutwright, Building Official, provided the definition of a junk vehicle. Mr. Mosley stated that the city has forgotten its "Operation Pride" in the Sherwood Park area and asked why these problems have not been addressed. Paul Morgensen, 1634 Cherry Hills Drive, complained of a dangerous swimming pool at 1640 Cherry Hills Drive. Numerous contacts have been made with the Black Hawk County Health Department, but the situation still remains dangerous. He reported that the property owner had drained the pool onto his property and into his basement window. He stated that a civil suit has been initiated on this matter. He asked that the city institute some type of regulation to address such problems. Mayor McKinley stated that the city will consider drafting an ordinance to address such problems. He also reported that enforcement of the nuisance ordinance may be appropriate in this matter. Mel Smelser, 2235 Temple Avenue, asked that the Mayor dispense with his edict that does not allow everyone to speak on a particular issue. (Mayor McKinley had asked that only those persons with new issues that had not been brought to the Council's attention to approach the microphone.) Vonnie Jackson, 1838 Howard Avenue, asked how much the city receives in cable franchise fees and what the Council does with this money. Mayor McKinley stated that the city had received approximately $150,000 during the current fiscal year and uses the funds for general fund operations. She also asked whether the city was going to do anything with the severe mosquito and bug problem. Mayor McKinley reported that the Black Hawk County Health Department has been larviciding in selected areas. It has been determined that this is the most efficient way to rid an area of mosquitoes since there is not an overall mosquito control district in the city. She also questioned the repair of Sycamore Street near Powers Engineering with local option sales tax money. She stated that once again the city had its priorities mixed up. Councilperson Angel asked whether anything could be done with the ponding in the Sherwood Park area due to the recent construction of Greenhill Road. Don Temeyer, Planning and Development Director, stated that city staff has asked that the Iowa Department of Transportation look at the grading situation to determine whether it has adversely affected the drainage in the area. Shirley Koslowski, 816 Archer Avenue, reported that AT&T has instituted a consumer complaint system that was very helpful and something the city may want to consider. She reported that the first person to receive a complaint call was responsible for seeing that it was properly addressed. She also reported that as a member of the League of Women Voters, she very much supported the concept of open government and the need to petition the government when something needs to be changed. She cautioned those who are signing petitions suggesting an alternative form of government to do so with great care and caution. She asked that the signers know exactly what they are signing and not vent their frustration on one issue and sign a petition without knowing its impact. Pat Hopper, 1531 Newell Street, reported that due to the recent reconstruction of Newell Street, several gasoline and water lines have been broken. She asked who was responsible for seeing that they are properly replaced. It was explained that IPS is responsible for gas lines and the Waterloo Water Works for the water lines. June 3, 1991 Page 6 Oral Presentations - continued Eric Thorson, City where this has been Chief Stan Stapella at all times. Engineer, stated that he is only aware of one situation a problem and it had been addressed. stated that emergency access will be maintained to the area Kent Crowell, 1490 Newell Street, again asked the Council to consider embargoing Newell Street. He suggested that the city embargo Donald Street. He also questioned the concrete thickness and whether it would withstand truck traffic. Eric Thorson, City Engineer, reported that the specifications are such that will allow for truck traffic. Mr. Crowell also asked for traffic counts in the area. Councilperson Wright stated that more signs are needed to guide motorists in the metropolitan area of street construction and alternative routes that can be taken. Kent Crowell, 1490 Newell Street, also asked why access could not be provided to the neighbors during the reconstruction of Newell Street. Mayor McKinley stated that it would be precedent setting for the city to provide alternative access during reconstruction. He cited several examples, including Ansborough and Ridgeway Avenues, when residents were required to walk great distances for many months. Ruth Anderson, 1503 Newell Street, reported that she had lived on the street for many years and also questioned the need for continuing truck traffic on Newell Street. Mayor McKinley stated that Newell Street had been selected for reconstruction since it is a main arterial and serves the industrial area to the east. Councilperson Buck asked that department heads immediately proceed with addressing the problems that have been brought to the Council this evening. He also asked that the Black Hawk County Health Department assist in whatever way possible. Councilperson Budak stated that he has been pleased with results of action by the Health Department. Moved by Buck, seconded by Angel that the above oral comments be received and placed on file and that the Council adjourn at 9:00 p.m. Motion carried. Larry P. Burger City Clerk/Auditor