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HomeMy WebLinkAbout12/13/1993December 13, 1993 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, December 13, 1993. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Dell, Fox, Angel, Wright, Budak, Lemke. Absent: Buck. Invocation by: Councilperson Rose Angel Pledge of Allegiance: Acting Clerk/Auditor Michelle Temeyer 102263 - Moved Lemke, seconded by Angel that the Agenda, as amended, for the Regular Session on Monday, December 13, 1993, at 7:00 p.m. and the Minutes, as amended, of the Regular Session on Monday, December 6, 1993, at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Buck. Motion carried. Carolers from Grant School sang christmas carols. HEARINGS 102264 - Moved by Dell, seconded by Wright that proof of publication of notice of public hearing on request for a site plan for a new retail store to be generally located between Venture Store and the Long John Silver Restaurant on Crossroads Boulevard, as published in the Waterloo Courier on December 1, 1993, be received and placed on file. Ayes: Six. Absent: Buck. Motion carried. 102265 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Kathy Oberle, 1101 Western, stated as a citizen she was concerned if the City was giving any special consideration (abatements) to the unnamed retailer. She also felt that when we are at this point in the process, the company should reveal its name. We deserve the courtesy of knowing this information. Don Temeyer, Planning and Development Director, stated that there were no abatements of any kind being offered. A resident of 123 E Parker wanted to know about the progress of the Sam's Club that is coming to Waterloo. He was informed that it would be started probably next spring. Bruce Radue, Schenk Engineering, stated the concern on the type of business that is going in this location and not notifying the public has to do with the negotiations between the owner and the actual business. He also stated that the "S-1" request is for the building and not its specific use. Moved by Dell, seconded by Angel that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral comments be received and placed on file. Ayes: Six. Absent: Buck. Motion carried. 102266 - Moved by Budak, seconded by Wright that "Resolution approving said site plan", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-710. 102267 - Moved by Angel, seconded by Wright that proof of publication of notice of public hearing on amendments to Zoning Ordinance No. 2479, as amended, as it pertains to the height of residential fences on a corner lot, as published in the Waterloo Courier on November 30, 1993, be received and placed on file. Ayes: Six. Absent: Buck. Motion carried. 102268 - 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 Angel, seconded by Fox that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Ayes: Six. Absent: Buck. Motion carried. 202269 - Moved by Dell, seconded by Fox that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance as it pertains to the height of residential fences on a corner lot", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. 102270 - Moved by Budak, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Buck. Motion carried. December 13, 1993 Page 2 Hearings - continued 102271 Moved by Wright, seconded by Dell 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. Absent: Buck. Motion carried. 102272 - Moved by Dell, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance as it pertains to the height of residential fences on a corner lot", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3993. PETITIONS FROM PUBLIC 102273 - Moved by Angel, seconded by Fox that communication from Acting Clerk/Auditor transmitting request for cancellation of assessments for unpaid garbage fees in the amount of $28.70 for 618 West First Street, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-711 DOCUMENTS 102274 - Moved by Angel, seconded by Fox that communication from Community Development Administrator transmitting Change Order No. 2 for a net increase in the amount of $1,540.00 for work to be performed by Peterson Contractors, Inc. in conjunction with Rath Demolition Project, Phase II, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Buck. Motion carried. 102275 - Moved by Angel, seconded by Fox that communication from Assistant City Engineer transmitting Change Order No. 2 for a net decrease of $5,268.37 for work performed by Youngblut Contracting, Inc. in conjunction with F.Y. 1993 Adrian Street Paving Program, Contract No. 422, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Six. Absent: Buck. Motion carried. 102276 - Moved by Angel, seconded by Fox that communication from Associate Engineer transmitting Supplemental Agreement No. 10 with RUST Environmental and Infrastructure Inc. in conjunction with Sixth Street Extension Project --West Segment, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-712. 102277 - Moved by Angel, seconded by Fox that communication from Assistant City Engineer transmitting Completion of Project and Recommendation of Acceptance of work performed by Kenko, Inc. in conjunction with F.Y. 1991 Intercity Interceptor, Stage VIII, Treatment Plant to West 18th Street, Contract No. 392, subject to no claims being on file and the city receiving all necessary Iowa Sales Tax ST -172 forms in proper form, be received, placed on file and "Resolution approving said document", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-713. 102278 - Moved by Angel, seconded by Fox that communication from Assistant City Engineer transmitting Maintenance Bond from Kenko, Inc. in conjunction with F.Y. 1991 Intercity Interceptor, Stage VIII, Treatment Plant to West 18th Street, Contract No. 392, be received, placed on file and approved. Ayes: Six. Absent: Buck. Motion carried. RESOLUTIONS TO BE ADOPTED 102279 - Moved by Dell, seconded by Angel that "Resolution transferring and reclassifying expenditures from the Solid Waste Management Fund in the amount of $561,388 to the Road Use Tax Fund", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-714. December 13, 1993 Resolutions to be Adopted - continued 102280 - Moved by Dell, seconded by Angel Page 3 that "Resolution transferring funds from the Solid Waste Management Fund in the amount of $561,388 to the Road Use Tax Fund", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-715. 102281 - Moved by Dell, seconded by Angel that "Resolution transferring from the local Option Sale Tax Fund the sum of $35,949.00 to the Debt Service Fund", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-716. 102282 - Moved by Dell, seconded by Angel that "Resolution transferring from the Tax Increment Financing Fund the sum of $450,000.00 to the Debt Service Fund", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-717. ORDINANCES TO BE ADOPTED 102283 - Moved by Fox, seconded by Budak that "an Ordinance amending Chapter 14, Fire Prevention and Protection, of the 1988 Code of Ordinances of the City of Waterloo, by repealing Section 14-59, Life Safety Inspections; and enacting in lieu thereof a new Section 14-59, Life Safety Inspections", be received, placed on file, considered and passed for the third time. Ayes: Six. Absent: Buck. Motion carried. 102284 Moved by Wright, seconded by Dell that "an Ordinance amending Chapter 14, Fire Prevention and Protection, of the 1988 Code of Ordinances of the City of Waterloo, by repealing Section 14-59, Life Safety Inspections; and enacting in lieu thereof a new Section 14-59, Life Safety Inspections", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3994. 102285 - Moved by Wright, seconded by Budak that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by adding Chapter 9.6, Crime Property Prohibited", 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. Ed Gallagher III, representing the Iowa Civil Liberties Union, strongly suggested an ordinance be adopted that includes provision for probable cause and constitutional protection. Jerry Martin, First National Bank Building, reviewed Hugh Field's draft of the ordinance, commented upon it and tried to help him with it. He stated the draft before the Council tonight might look somewhat like Mr. Field's, but it is not the same ordinance at all. What you have before you is a step backwards to where we were before, back to an unconstitutional ordinance, and an ordinance that is not consistent with the Landlord Tenant Law and urged the Council to reject the ordinance. Tangela Saffold, 1935 Calhoun Street and a member of Iowa CCI, stated it is most important to get this ordinance passed. You can always make amendments to it later, but pass it now as we have blood running in the streets of Waterloo. Carol Morris, a volunteer with Iowa CCI Task Force, stated she feels the clear and presence danger clause of Iowa Code 562 is too defining and did not include the neighborhoods; therefore, not giving the neighborhoods the teeth to get the drug activities out of the areas, but that Iowa Code 562 does allow for this specified crime property ordinance to work legally by allowing for reason to evict and can bypass the 14 days and only use a 3 day notice to quit. Kathy Oberle, 1101 Western, feels there is weak language in the ordinance leaving the landlords ¢nAkerious position financially as well as physically. 1 Richard Gleason, 420 Oakland, suggested tabling the ordinance and trying again. He feels everyone in this room wants to pass something to solve the problem, but this ordinance is not it. Donna Jones, a member of Iowa CCI, requested that the Council vote either yes or no on this first reading of the ordinance and did not want to see it tabled again, but wants it resolved one way or the other. December 13, 1993 Page 4 Ordinances to be Adopted - continued Ross Blow, 320 Oak Park Circle, stated that he wanted the ordinance done right the first time and not fine tune it all the time. He worried about getting sued for a wrongful eviction. Hugh Field, 620 Lafayette and speaking on behalf of the Landlords Association, stated he met last Monday (December 6, 1993), with the Chief of Police and three CCI members, and they went through the proposed ordinance that he had sent to the Councilmembers and discussed it at length for several hours, and they concluded that they agreed on the ordinance he had prepared, subject to the approval of the landlords. He stated the ordinance this evening is not the same as the one he worked on. Barb Blow, 320 Oak Park Circle, cannot begin to conceive how a group of elected officials could sit here and even consider passing an ordinance which has no concern for legality or constitutionality. Moved by Fox, seconded by Angel to call the question and cease discussion. Ayes: Six. Absent: Buck. Motion carried. 102286 - Moved by Fox, seconded by Angel to adopt Mr. Field's ordinance as recommended by the Police Chief in a letter dated December 10, 1993 by amending Section 9 3/4-5 of the above ordinance to change the words "reasonable belief" to "probable cause" in paragraphs one and two of said section. Ayes: Five. Nays: Lemke. Absent: Buck. Motion carried. 102287 - Moved by Fox, seconded by Wright that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by adding Chapter 9.6, Crime Property Prohibited, as amended," be received, placed on file, considered and passed for the first time. Ayes: Five. Nays: Lemke. Absent: Buck. Motion carried. 102288 - Moved by Budak, seconded by Wright that "an Ordinance amending the 1991 Traffic Code by adding Section 565A, Two Hour Parking Between 6:00 a.m. and 8:00 p.m. (establishing two-hour parking on West 4th Street between Vermont and Bayard Street)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. 102289 - Moved by Fox, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Buck. Motion carried. 102290 - Moved by Wright, seconded by Budak 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. Absent: Buck. Motion carried. 102291 - Moved by Fox, seconded by Dell that "an Ordinance amending the 1991 Traffic Code by adding Section 565A, Two Hour Parking Between 6:00 a.m. and 8:00 p.m. (establishing two-hour parking on West 4th Street between Vermont and Bayard Street)", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3995. 102292 - Moved by Dell, seconded by Angel that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (e) The Monthly Fee for a Reserved, Assigned Stall in the City Lots of Section 312, Fees -- Monthly and Reserved Ramp and Lot Parking; and by enacting in lieu thereof a new Subsection (e) The Monthly Fee for a Reserved, Assigned Stall in City Lots of Section 312, Fees -Monthly and Reserved Ramp and Lot Parking ($30 per month fee for Lot 1)", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. 102293 - Moved by Dell, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Buck. Motion carried. 102294 - Moved by Budak, seconded by Dell 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. Absent: Buck. Motion carried. December 13, 1993 Page 5 Ordinances to be Adopted - continued 102295 - Moved by Angel, seconded by Wright that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (e) The Monthly Fee for a Reserved, Assigned Stall in the City Lots of Section 312, Fees -- Monthly and Reserved Ramp and Lot Parking; and by enacting in lieu thereof a new Subsection (e) The Monthly Fee for a Reserved, Assigned Stall in City Lots of Section 312, Fees -Monthly and Reserved Ramp and Lot Parking ($30 per month fee for Lot 1)", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3996. BILLS PAYMENT 102296 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-48, dated December 13, 1993, in the amount of $1,671,796.55, copies of which are on file in the Clerk/Auditor's office", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-718. NEW BUSINESS 102297 - Moved by Angel, seconded by Budak that communication from Mayor Al Manning transmitting recommendation of appointment of Tom Campbell as Acting City Clerk/Auditor, effective December 20, 1993, be received, placed on file and approved. Ayes: Six. Absent: Buck. Motion carried. 102298 - Moved by Angel, seconded by Lemke that communication from Mayor Al Manning transmitting appointment of Karon Keefe to the Park Commission, with term expiration date of January 1, 1998, be received, placed on file and approved. Prior to a vote on the above motion, the following discussion was heard. Councilperson Wright stated there is nothing wrong with any of the persons being considered for appointment. They can all handle the jobs. Affirmative Section is not implicated any place and to have all these people and no minorities listed to serve is the reason she is unable to support any of the appointments. Karon Keefe, 343 Prospect Avenue, stated she wants to serve on a board. She further stated that she had been asking for this appointment for a year and a half, and now is her chance. She was beginning to take this personally and it was hurting her feelings, so she asked the Council not to table or stall her appointment. Moved by Fox, seconded by Budak that communication from Mayor Al Manning transmitting appointment of Karon Keefe to the Park Commission, with term expiration date of January 1, 1998, be tabled. Ayes: Four. Nays: Angel, Lemke. Absent: Buck. Motion carried. 102299 - Moved by Fox, seconded by Budak that communication from Mayor Al Manning transmitting appointment of Shirley Koslowski to the Park Commission, with term expiration date of January 1, 2000, be tabled. Ayes: Four. Nays: Angel, Lemke. Absent: Buck. Motion carried. 102300 - Moved by Fox, seconded by Budak that communication from Mayor Al Manning transmitting appointment of Pam Dowie to the Human Rights Commission, with term expiration date of January 1, 1997, be tabled. Ayes: Four. Nays: Angel, Lemke. Absent: Buck. Motion carried. 102301 - Moved by Fox, seconded by Budak that communication from Mayor Al Manning transmitting appointment of William H. Kammeyer to the Waterloo Recreation and Arts Commission, with term expiration date of October 1, 1995, be tabled. Ayes: Four. Nays: Angel, Lemke. Absent: Buck. Motion carried. 102302 - Moved by Fox, seconded by Budak that communication from Mayor Al Manning transmitting appointment of Marilyn Rasmussen to the Cable Commission, with term expiration date of December 1, 1996, be tabled. Ayes: Four. Nays: Angel, Lemke. Absent: Buck. Motion carried. 102303 - Moved by Fox, seconded by Budak that communication from Mayor Al Manning transmitting reappointment of Russ Garling to the Park Commission, with term expiration date of January 1, 2000, be tabled. Ayes: Four. Nays: Angel, Lemke. Absent: Buck. Motion carried. December 13, 1993 Page 6 MISCELLANEOUS 102304 - Moved by Angel, seconded by Budak 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: 1. Beer & Liquor License Permit Application Class C Blue Bird Lounge, 921 Broadway (Renewal) (Expires 12/23/94) (Includes Sunday Sales) The Board Room, 504 Sycamore Street (Renewal) (Expires 12/30/94) Village Lounge, 709 Jefferson (Renewal) (Expires 12/20/94) Ayes: Six. Absent: Buck. Motion carried. BONDS 102305 - Moved by Angel, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through December 13, 1993, be received, placed on file and report and bonds approved. Ayes: Six. Absent: Buck. Motion carried. ORAL PRESENTATIONS 102306 - John Ahles, 1303 Colorado, stated he was unhappy with the Rath expansion settlement because he lost his soldier's exemption due to the fact he had to be relocated to a new location. The relocation was not accomplished until August 24 and the deadline for filing was July 1. Don Temeyer, Planning and Development Director, stated that he will look into the matter for further property relocations in the City. Shirley Koslowski, 816 Archer Avenue, feels there is no hope for those who seek to serve their community by serving on a board or commission. It is incredible, unseemingly, inappropriate, undignified, unethical, and, perhaps, unlawful to have a Mayor -elect threaten and frighten some people. She feels the current Mayor and Council has let down the City (those of you who have said no) by not exercising their rightful and legal responsibilities as they are appointed for a two-year term which does not end until the new Mayor and Council take office on January 3, 1994. Councilperson Fox stated this was not an individual decision on his part and Shirley may disagree with that. Fox said he has seen no evidence of cooperation between the incoming and outgoing Mayors during this transition period. Councilperson Dell requested that the board and commission appointments that were tabled at the December 6, 1993 meeting be placed on the agenda of the December 20, 1993 meeting. Moved by Angel, seconded by Wright that the above oral comments be received, placed on file and the Council adjourn at 10:09 p.m. Ayes: Six. Absent: Buck. Motion carried. Tom Campbell Deputy Clerk/Auditor