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HomeMy WebLinkAbout11/22/93November 22, 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, November 22, 1993. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Dell, Fox, Angel, Buck, Budak, Lemke. Absent: Wright. Invocation by: Councilperson Dave Buck Pledge of Allegiance: Assistant City Attorney Sang -Ki Han 102177 - Moved by Buck, seconded by Angel that the Agenda, as amended, for the Regular Session on Monday, November 22, 1993, at 7:00 p.m. and the Minutes of the Regular Session on Monday, November 15, 1993, at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Wright. Motion carried. Mayor Al Manning presented an Employee Recognition Award to James "Smokey" Boesen for his many years of service to the City. HEARINGS 102178 - Moved by Angel, seconded by Budak that proof of publication of notice of public hearing on calendar year 1994 budget for the Waterloo Water Works, as published in the Waterloo Courier on November 11, 1993, be received and placed on file. Ayes: Six. Absent: Wright. Motion carried. 102179 - 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 Buck that the hearing be closed. Ayes: Six. Absent: Wright. Motion carried. 102180 - Moved by Fox, seconded by Angel that "Resolution approving Calendar Year 1994 Budget for the Waterloo Water Works", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1993-685. 102181 - Moved by Budak, seconded by Lemke that proof of publication of notice of public hearing on request of Max Guernsey for a site plan amendment for property known as Fletcher Square generally located on the southeast corner of U.S. Highway 63 and Fletcher Avenue, as published in the Waterloo Courier on November 16, 1993, be received and placed on file. Ayes: Six. Absent: Wright. Motion carried. 102182 - 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 Dell, 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: Wright. Motion carried. 102183 - Moved by Angel, seconded by Dell that "Resolution approving a site plan amendment for property known as Fletcher Square generally located on the southeast corner of U.S. Highway 63 and Fletcher Avenue", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1993-686. PETITIONS FROM PUBLIC 102184 - Moved by Budak, seconded by Angel that communication from City Planner transmitting site plan request for a new retail store to be generally located between the Venture Store and the Long John Silver Restaurant on Crossroads Boulevard, be received, placed on file and "Resolution setting date of hearing as December 13, 1993 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1993-687. REPORTS 102185 - Moved by Budak, seconded by Angel that the following Abstract of Election for the 1993 Municipal Election held in the City of Waterloo, Iowa, be received and placed on file: November 22, 1993 Reports - continued Office Total Votes Cast Mayor 14,751 Terry J. Stewart 117 John Rooff 9,570 J. Russell Lowe 1,190 Shirley Koslowski 3,147 Wayne Nathem 543 Vernon Weems 183 Write -Ins 1 Councilmember At -Large 26,558 Richard Cottrell 399 Tracye J. Thomas 411 Harold Getty 9,265 Frank Mollenhoff 9,489 Mannie Holmes 1,231 Dolly Fortier 2,613 Bill Lemke 3,147 Scattering 3 First Ward Councilmember 3,198 John E. Murphy 2,554 Lloyd Bullock 644 Second Ward Councilmember 2,765 Scott J. Jordan 2,763 Write -Ins 2 Third Ward Councilmember 2,519 Jerry Anders 1,710 Rose Angel 752 Jim Herzberg 57 Fourth Ward Councilmember 1,926 Joe Collier 997 Willie Mae Wright 929 Fifth Ward Councilmember 2,579 Barb Krizek 1,589 Bill Kammeyer 832 Mel Smelser 112 Leslie A. Streitimatter 46 Page 2 Ayes: Six. Absent: Wright. Motion carried. 102186 - Moved by Budak, seconded by Angel that the F.Y. 1993 Building Department Annual Report be received and placed on file. Ayes: Six. Absent: Wright. Motion carried. DOCUMENTS 102187 - Moved by Budak, seconded by Angel that communication from City Planner transmitting a Resource Enhancement and Protection (REAP) Grant agreement with the Iowa Department of Natural Resources for the construction of a 2.1 mile multi -use recreational trail between Waterloo and Cedar Falls utilizing the former Rock Island Railroad right-of-way, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1993-688. 102188 - Moved by Budak, seconded by Angel that communication from Planning and Development Director transmitting a Right of Entry Agreement with John Eveland and James Higgins to allow Prairie Construction Company access in conjunction with the removal of the smokestack in the core area of the Osco block in the downtown, 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: Wright. Resolution adopted and upon approval by Mayor assigned No. 1993-689. .1* November 22, 1993 Page 3 Documents - continued 102189 - Moved by Budak, seconded by Angel that communication from Assistant City Engineer transmitting construction plans and specifications in conjunction with drainage improvements along the south side of Osage Road from Lafayette Street to the former ICC Railroad right-of-way, together with recommendation of approval, be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1993-690. 102190 - Moved by Budak, seconded by Angel that communication from Assistant City Engineer transmitting construction plans, storm sewer and sanitary sewerage facilities and Sewage Treatment Agreement DNR Form 29 with the Department of Natural Resources in conjunction with Heath Street extension, together with recommendation of approval, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1993-691. RESOLUTION TO BE ADOPTED 102191 - Moved by Budak, seconded by Angel that "Resolution changing to one-way streets West 4th and the direction of the Williston Avenue/West Fifth Street/West Sixth Street connection from Kimball Avenue to Washington Street and East Sixth Street from Franklin Street to South Barclay", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1993-692. 102192 - Moved by Budak, seconded by Angel that the request from Basic Materials Corp. for an exception to the burning of yard waste on approximately 7.7 acres of land generally located on the easterly side of Relocated Highway 218 in conjunction with sand dredging operation, together with recommendation of denial of Public Works Director, Acting Fire Chief and Parks Director, be received, placed on file and request be denied. Ayes: Three. Nays: Fox, Buck, Lemke. Absent: Wright. Motion carried. ORDINANCES TO BE ADOPTED 102193 - Moved by Buck, seconded by Dell that "an Ordinance amending Ordinance No. 2479, as amended, as it pertains to sign codes in the "C-3" Central Business District", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Wright. Motion carried. 102194 - Moved by Fox, seconded by Buck that "an Ordinance amending Ordinance No. 2479, as amended, as it pertains to sign codes in the "C-3" Central Business District", be adopted. Ayes: Six. Absent: Wright. Ordinance adopted and upon approval by Mayor assigned No. 3987. 102195 - Moved by Dell, seconded by Fox that "an Ordinance vacating the easterly 7.5 feet of East Park Avenue between Franklin Street and Walnut Street", be received, placed on file, considered and passed for the third time. Ayes: Six. Absent: Wright. Motion carried. 102196 - Moved by Buck, seconded by Angel that "an Ordinance vacating the easterly 7.5 feet of East Park Avenue between Franklin Street and Walnut Street", be adopted. Ayes: Six. Absent: Wright. Ordinance adopted and upon approval by Mayor assigned No. 3988. 102197 - Dell Bowers, 1450 Ruth Street, wanted to thank the Mayor and Council for their consideration of the request of purchase by the First Presbyterian Church. He also wanted to thank them for their past two years of service. He stated no one told them it would be easy. Moved by Budak, seconded by Lemke that "Resolution authorizing sale and conveyance of the easterly 7.5 feet of East Park Avenue located between Franklin Street and Walnut Street to First Presbyterian Church for $562.50", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1993-693. November 22, 1993 Page 4 Ordinances to be Adopted - continued 102198 - Moved by Buck, seconded by Lemke that "an Ordinance amending the 1988 Code of Ordinance deleting Section 23-42 of Division 3, Peddlers and Solicitors, of Article II, and Section 23-63, Definitions of Division I, of Article III, Generally, and enacting in lieu thereof a new Division 5 and Section 23-63, Definitions, of Division I, of Article III, of Chapter 23, Licenses and Business Regulations (administerial functions)", be tabled until after January 1994. Ayes: Six. Absent: Wright. Motion carried. 102199 - Moved by Budak, seconded by Lemke 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 first time. Ayes: Six. Absent: Wright. Motion carried. 102200 - Moved by Fox, seconded by Angel that "an Ordinance amending the 1991 Traffic Code by repealing Section 540, Obedience to Official Traffic -Control Devices; and by enacting in lieu thereof a new Section 540, Obedience to Official Traffic -Control Devices (updating signalized intersections)", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Wright. Motion carried. 102201 - Moved by Budak, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Wright. Motion carried. 102202 - Moved by Angel, seconded by Buck that the following ordinance be recorded as having been considered and passed for the third time and now placed on its final adoption. Ayes: Six. Absent: Wright. Motion carried. 102203 - Moved by Buck, seconded by Fox that "an Ordinance amending the 1991 Traffic Code by repealing Section 540, Obedience to Official Traffic -Control Devices; and by enacting in lieu thereof a new Section 540, Obedience to Official Traffic -Control Devices (updating signalized intersections)", be adopted. Ayes: Six. Absent: Wright Ordinance adopted and upon approval by Mayor assigned No. 3989. 102204 - Moved by Buck, seconded by Budak that "an Ordinance adopting a Code of Ordinances and a Traffic Code for the City of Waterloo, Iowa", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Wright. Motion carried. 102205 - Moved by Fox, seconded by Buck that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Absent: Wright. Motion carried. 102206 - Moved by Budak, seconded by Fox that the following ordinance be recorded as having been considered and passed for the third time and now placed on its final adoption. Ayes: Six. Absent: Wright. Motion carried. 102207 - Moved by Buck, seconded by Budak that "an Ordinance adopting a Code of Ordinances and a Traffic Code for the City of Waterloo, Iowa", be adopted. Ayes: Six. Absent: Wright. Ordinance adopted and upon approval by Mayor assigned No. 3990 102208 - Moved by Fox, seconded by Dell that the reconsideration of the request of Arnold Deich, Jr. and Jon Flo to rezone from "R-4" Multiple Family Residence District to "C-1" Commercial District property generally located at 1318 West Fifth Street to operate a photography studio be tabled to December 6, 1993. Ayes: Six. Absent: Wright. Motion carried. November 22, 1993 Page 5 BILLS PAYMENT 102209 - Moved by Angel, seconded by Dell that "Resolution approving Schedule A918, pp. 1-63, dated November 22, 1993, in the amount of $1,483,283.62, copies of which are on file in the Clerk/Auditor's office", be adopted. Ayes: Five. Abstain: Buck. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1993-694. New Business 102210 - Moved by Buck, seconded by Budak that communication from Acting Clerk/Auditor transmitting Secretary of State's notification of denial of deannexation of an area known as Sherwood Park, be received, placed on file and "Resolution accepting denial of said deannexation", be adopted. Ayes: Six. Absent: Wright. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 1993-695. 102211 - Moved by Buck, seconded by Budak that communication from Mayor Al Manning transmitting appointment of Walter Reed to the Recreation and Arts Commission, with term expiration date of October 1, 1995, be received, placed on file and approved. Ayes: Five. Nays: Fox. Absent: Wright. Motion carried. -102212 - Moved by Buck, seconded by Budak that "Resolution ordering preparation of a final plat and schedule of assessments for the F.Y. 1994 Sidewalk Repair Assessment Program - Zone 5, Contract No. 457", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1993-696. 102213 - Moved by Buck, seconded by Budak that "Resolution approving abandonment schedule for the F.Y. 1994 Sidewalk Repair Assessment Program - Zone 5, Contract No. 457", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1993-697. 102214 - Moved by Buck, seconded by Budak that "Resolution adopting and levying final schedule of assessments and providing for payment thereof for the F.Y. 1994 Sidewalk Repair Assessment Program - Zone 5, Contract No. 457", be adopted. Ayes: Six. Absent: Wright. Resolution adopted and upon approval by Mayor assigned No. 1993-698. Travel Reauest 102215 - Moved by Buck, seconded by Budak that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Terry Blank, Police Sergeant, to attend Field Training Officers Management School in Evanston, Illinois on November 28 -December 2, 1993, with costs not to exceed $760.00. Ayes: Six. Absent: Wright. Motion carried. MISCELLANEOUS 102216 - Moved by Buck, seconded by Angel that the following beer and liquor and liquor license permit application be received, placed on file and approved and endorsed application forwarded to the Iowa Beer and Liquor Control Department and application for going out of business and cigarette permit application be received, placed on file and approved: Beer/Liquor License Permit Application Class C Mexi Kelly, 801 Commercial (Renewal) (Expires 12/13/94) Application for Going Out of Business Sale Maria's House of Larger Fashions, 311 E. 4th --60 days from 11/22/93 thru 1/21/94 Cigarette Permit Application Two (2) Ayes: Six. Absent: Wright. Motion carried. November 22, 1993 Page 6 Miscellaneous - continued 102217 - Moved by Buck, seconded by Fox that the following beer and liquor license permit application be tabled to allow the applicant to submit a revised application: Beer/Liquor License Permit Application Class C Ashley's, 120 Sumner Street (New) (Expires 11/23/94) (Includes Sunday Sales) Ayes: Six. Absent: Wright. Motion carried. 102218 - Chief Koehrsen stated the reason for denial was based on ten narcotic violations since January of this year of which six of the ten have been within the establishment of which Gary Goodson is the proprietor. Michele Coleman, Pastor of Antioch Church and a member of the East Side Ministerial Association, read a statement from the Mt. Calvary Missionary Baptist Church, 202 Sumner Street, supporting the recommendation of denial. H. Stevens Reynolds, 130 Jackson and Pastor of Union Missionary Baptist Church, presented a letter from the Black Hawk Area Religious Coalition unanimously in support of denial of the Goodies II license. Jim Carstensen, 517 E. Donald and Pastor of Good Shepard Lutheran Church, presented a letter from the Black Hawk Lutheran Ministries Executive Committee unanimously supporting denial and urged the Council to reject the Goodies II license. Sharon Malone, 535 Nicholas Street, presented a letter from Cathryn Moore stating a great deal of community responsibility is being placed on Mr. Goodies' shoulder. He cannot control the East Side of Waterloo anymore than the churches or the city police have been able to do. The ministers should put more responsibility on their congregations to start community watch programs. Ms. Malone supports Goodies II application for a license. David Goodson, 632 W. Parker, was concerned about when the East Side Ministerial Alliance would combine in a unified effort to clean up the situation to provide for the youth. He feels the church needs to take the lead and not only by prayer. Gary Goodson, manager of Goodies II, stated he has done nothing but cooperate with the Police Chief from the very beginning, and that he cannot control what people do and feels that closing his establishment is not the solution to what is going on in the area. He could not understand why he was being singled out when other establishments have similar problems. Closing his place down will not solve the problem as they will only move to another establishment. Mayor Manning presented a letter from the Iowa Citizens for Community Improvement (ICC) supporting the Chief's recommendation of denial. Councilperson Dell said in his six years on the Council, he has not received more calls on any issue as he has on this one. He stated he had to support the will of his constituents but felt uneasy about denial of the license. He feels there are things that have been asked of Mr. Goodson that he feels he cannot do. He feels all we are going to do by denying the license is to transfer the problem to some other place in the City. Moved by Buck, seconded by Budak that the following beer and liquor license permit application be denied: Beer/Liquor License Permit Application Class C Goodies II, 115 Sumner Street (New) (Expires 11/15/94) (Includes Sunday Sales) Ayes: Six. Absent: Wright. Motion carried. BONDS 102219 - Moved by Angel, seconded by Buck that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through November 22, 1993, be received, placed on file and report and bonds approved. Ayes: Six. Absent: Wright. Motion carried. ORAL PRESENTATIONS 102220 - Steve Pierce, 450 Derbyshire, stated he was shocked to see the Golf Pro contracts had been vetoed by Mayor Manning according to the Courier article this evening. He is personally tired of the runaround the Pros are getting, and that he would not play another round of golf on any public course in Waterloo. He urged the Council to override the veto and hopes they do not let a personal vendetta by a lame duck mayor influence their votes. November 22, 1993 Page 7 Oral Presentations - continued Mayor Manning responded that he does not have a personal vendetta against anyone. He said all he ever asked was to have the contracts opened up for competitive proposals to see what others would offer us. Councilperson Dell asked whether the Park Board could enter into contracts without City Council approval. Mayor Manning believes the City Council must approve all contracts, but has asked the City Attorney to look into this matter as the contracts expire December 31, 1993. Bill Kammeyer, 526 Home Park, wanted to point out that in regard to the life safety inspection ordinance on the agenda this evening (see CR 102199), a person can buy a piece of property not knowing there is a lien against that property, buy it and get a clean title and a year later find out there is a lien against the property. He is concerned about how to put those fines against the property so they do appear when your trying to get a clear, legal title and abstract. Moved by Buck, seconded by Angel that the above oral comments be received, placed on file and the Council adjourn at 8:31 p.m. Ayes: Six. Absent: Wright. Motion carried. Tom Campbell Deputy Clerk/Auditor