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HomeMy WebLinkAbout11/01/93November 1, 1993 The Council of the Chambers, Waterloo, Angel in the Chair. Invocation: City of Waterloo, Iowa, met in Regular Session at City Iowa, at 7:00 p.m., on Monday, November 1, 1993. Mayor Roll Call: Fox, Angel, Wright, Budak, Lemke. Absent: A Moment of Silence Hall Council Pro Tem Rose Dell, Buck. Pledge of Allegiance: Budget Analyst Bruce Meisinger 102069 - Moved by Wright, seconded by Budak that the Agenda, as amended, for the Regular Session on Monday, November 1, at 7:00 p.m., and the Minutes of the Regular Session on Monday, October 25, at 7:00 p.m., be accepted and approved. Ayes: Five. Absent: Dell, Motion carried. 1993, 1993, Buck. Mayor Pro Tem Rose Angel read a proclamation declaring the week of November 7-13, 1993 as Women's Veterans Week. Councilperson Wright presented a chain signed by students from East, West and Columbus High Schools stating that they would not take drugs. Richard Claybon from East High School helped present the chain. PETITIONS FROM PUBLIC 102070 - Moved by Fox, seconded by Wright that communication from City Engineer transmitting request by Ronald E. Norris for a concrete driveway to be located at 214 Oak Ridge Road, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1993-657. DOCUMENTS 102071 - Moved by Fox, seconded by Wright that communication from Director of Personnel transmitting an agreement with Allen Hospital Occupational Health Services to conduct audiometric testing on employees in the Fire, Public Works, Airport, Parks, Print Shop and Recreation Departments, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1993-658. 102072 - Moved by Fox, seconded by Wright that communication form Assistant City Engineer transmitting an Iowa Department of Transportation application to Perform Work Within State Highway Right -of -Way to allow Youngblut Contracting, Inc. to set up temporary traffic control adjacent to Young Ice Arena, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1993-659. 102073 - In response to a question from Councilperson Lemke, Eric Thorson, City Engineer, stated that the department had reviewed the proposed permit as required by the State of Iowa when performing work within city right of way and anticipated no problems with this outlet which is in the area of Ansborough Avenue and Highway 20 Moved by Fox, seconded by Wright that communication from Assistant City Engineer transmitting an Iowa Department of Transportation application to Perform Work Within State Highway Right -of -Way to allow installation of a corrugated metal 6 -inch outlet pipe into right-of-way on Ansborough Avenue, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1993-660. 102074 - In response to a question from Councilperson Budak, Don Temeyer, Planning and Development Director, stated that this parking agreement addresses the common parking lot behind the buildings in the block bounded East Fourth Street, Mulberry Street, East Fifth Street and Lafayette Street. The parking lot will have a common access easement which the Council is being asked to set a date of hearing. Each of the property owners in the block will be responsible for paying their pro- rated share of the construction and will be required to remove snow from their individual property. November 1, 1993 Page 2 Documents - continued Moved by Fox, seconded by Wright that communication from Planning and Development Director transmitting a parking agreement with Dupont Nichols, National Bank of Waterloo, and 3 Sum Inc. for a common parking lot behind the buildings in the block bounded by East Fourth Street, Mulberry Street, East Fifth Street and Lafayette Street, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem and Acting Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1993-661. RESOLUTIONS TO BE ADOPTED 102075 - Moved by Budak, seconded by Lemke that "Resolution authorizing cancellation of special sewer and garbage assessments for property located at 212 Bates Street", be adopted and Acting Clerk/Auditor instructed to notify Black Hawk County Treasurer of same. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1993-662. 102076 - Moved by Budak, seconded by Lemke that "Resolution setting date of hearing as November 15, 1993 at 7:00 p.m. in the City Hall Council Chambers on access easements with Dupont Nichols, National Bank of Waterloo, and 3 Sum Inc. for a common parking lot behind the buildings in the block bounded by East Fourth Street, Mulberry Street, East Fifth Street and Lafayette Street", be adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1993-663. ORDINANCES TO BE ADOPTED 102077 - Moved by Lemke, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 280 to Section 2A-5 Rezoning Certain Property (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 5th Street to operate a photography studio)", be tabled for one week. Ayes: Five. Absent: Dell, Buck. Motion carried. 102078 - John Meyer, Public Works Director, stated that the proposed ordinance would delay the implementation of a volume -based rate and continue the current $10 per month fixed fee until April 1994. At that time, a final decision concerning whether or not the City will initiate curbside recycling will be made. Moved by Lemke, seconded by Fox that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection 16-8(a), Regarding Fees for Service, of Chapter 16, Garbage and Refuse; and by enacting in lieu thereof a new Subsection 16-8(a), Regarding Fees for Service to Chapter 16, Garbage and Refuse (delaying implementation of volume -based garbage until April 1994)", be received, placed on file, considered and passed for the third time. Ayes: Four. Nays: Wright. Absent: Dell, Buck. Motion carried. 102079 - Moved by Budak, seconded by Fox that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subsection 16-8(a), Regarding Fees for Service, of Chapter 16, Garbage and Refuse; and by enacting in lieu thereof a new Subsection 16-8(a), Regarding Fees for Service to Chapter 16, Garbage and Refuse (delaying implementation of volume -based garbage until April 1994)", be adopted. Ayes: Four. Nays: Wright. Absent: Dell, Buck. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3980. 102080 - Acting Fire Chief Frank Magsamen stated that several concerns have been expressed since the initial reading of the ordinance. One concern was that the property owner should be notified when inspecting the premise of a tenant, and that the department was willing to work to solve this problem. He also noted that it was not the intent of the department to double -bill common areas within a building. He stated they would work with the building owner as the party responsible for payment of the common area inspected. November 1, 1993 Page 3 Ordinances to be Adopted Roger Olesen, owner of the First National Building located at the corner of East 4th and Sycamore Streets, provided a prepared statement concerning the proposed ordinance. He addressed several concerns, including the following: 1) The fact that the inspection is redundant and that typically, buildings are inspected every three years by the insurance company as well as the State of Iowa for compliance with handicap requirements and for compliance with elevator and boiler codes, 2) The City is not aware of the condition of each leasehold arrangement and has issued citations to tenants for space they do not rent, 3) It encourages tenants to take direct action on portions of the building that they do not understand, 4) Eventual certification to the property owner if the tenant does not pay the bill. Further, the ordinance does not provide the owner to be served with the notice of the violation. He asked that the Council deny the ordinance. He suggested that if the Council enacted the ordinance, that it be made effective at some point in the future to allow landlords to contract with their renters to pay the cost of the extra inspections, require that the owners/landlords be sent a copy of the citation and billing when it is originally issued. Also, that a lien not be placed on the property unless the building owner is copied with a bill and citation. This, together with the funding of an additional floor in the Park Avenue ramp, makes it very difficult for property owners in the downtown to retain a fair investment on their property. He urged the Council to deny enactment of the ordinance. Moved by Wright, seconded by Lemke that "an Ordinance amending Chapter 14, Fire 1988 Code of Ordinances of the City of Waterloo Life Safety Inspections; and enacting in lieu Safety Inspections", be tabled for two weeks. Motion carried. Prevention and Protection, of the , Iowa, by repealing Section 14-59, thereof a new Section 14-59, Life Ayes: Five. Absent: Dell, Buck. 102081 - Chief Koehrsen stated that the proposed convenience store security ordinance defines a convenience store as any business which sells consumer goods, including but not limited to alcohol beverages to be consumed off premises, soft drinks, cigarettes, and packaged food, or petroleum products, and which routinely remains open for business 24 hours per day or any portion of that time between the hours of 6:00 p.m. and 6:00 a.m. and which usually has on duty two or less employees during the hours of 6:00 p.m. and 6:00 a.m. It also states that businesses governed by the ordinance must be in compliance prior to January 1994. Councilperson Lemke stated that the ordinance requires that every business keep and maintain a clear line of vision from the outside of the premises into the interior. It was also noted that additional businesses could be added to the definition at a future date. Councilperson Wright also pointed out that the Police Chief has the final discretion in determining whether or not a store has adequate security measures to warrant an exemption from the ordinance. In response to a question from Councilperson Fox, it was noted that video rental stores are not included in the ordinance. City Attorney Jim Walsh stated that should the Council wish to amend the ordinance to include video rental stores or any other type of business, including restaurants and bars, it would require that the first reading be reread to allow said businesses an opportunity to object or support their inclusion. It was the consensus of the Council that action on the first reading be approved to include convenience stores with the possibility of adding additional ones in the future. Moved by Lemke, seconded by Fox that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by adding Chapter 9 3/4, Convenience Store Security, Providing for Surveillance Cameras and Security Measures in Convenience Stores or Businesses", be received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Dell, Buck. Motion carried. 102082 - Mike Mrzlak, Superintendent of Animal Control, stated that several amendments are being proposed to the Animal Control Ordinance which would eliminate free licenses for neutered animals, and that the annual license fee be established at $5 for an altered dog or cat licenses and $10 for unaltered dog or cat licenses. March 31 would remain the penalty date, after which time licenses would double. Based upon a recommendation from Councilperson Angel, the holding period will remain at five days for owners who have a license and seven days for those who do not. It was also noted that the proposed ordinance enacts a $15 fee for pick-up charges associated with a first offense, $25 for the second offense, and $35 for the third offense and each additional offense $10. The ordinance also recommends that the quarantine period be decreased from 14 to 10 days. Kathy Oberle, 1101 Western Avenue, suggested that any pet owner who has obtained a license and was guaranteed a free license for three years under the current ordinance should be grandfathered in. Mr. Mrzlak stated that the intent of eliminating free licenses immediately was to booster revenues for the department and maintain a 40 hour officer in the department. November 1, 1993 Ordinances to be Adopted - continued Moved by Budak, seconded by Lemke Page 4 that the following amendment be offered to the Animal Control Ordinance: That any animal neutered after the adoption of this Animal Control Ordinance would be required to pay the scheduled fees. Animals neutered prior to ordinance adoption would be granted a free license as allowed by the current license. Ayes: Five. Absent: Dell, Buck. Motion carried. 102083 - Moved by Budak, seconded by Lemke that "an Ordinance amending pertains to licensing fees, animals and confinement", be the first time. Ayes: Five. BILLS PAYMENT the Animal Control Ordinance, as amended, as it impoundment of dogs or cats, citation of annoying received, placed on file, considered and passed for Absent: Dell, Buck. Motion carried. 102084 - Moved by Wright, seconded by Lemke that "Resolution approving Schedule A918, pp. 1-53, dated November 1, 1993, in the amount of $2,159,937.57, copies of which are on file in the Clerk/Auditor's office", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1993-664. NEW BUSINESS 102085 - Moved by Fox, seconded by Wright that communication from Waterloo Water Works General Manager transmitting request of Joseph R. Shelton and Tammy J. Bratt to certify $400.00 for work performed by the Waterloo Water Works at 213 Lafayette Street, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1993-665. 102086 - Moved by Fox, seconded by Wright that communication from Superintendent of Traffic Operations transmitting request to prohibit parking on the east side of Heartland Hills Drive from Matthew Drive to Sager Avenue, together with recommendation of approval, be received, placed on file and approved and City Attorney instructed to prepare said ordinance. Ayes: Five. Absent: Dell, Buck. Motion carried. 102087 - Moved by Fox, seconded by Wright that communication from Waterloo Water Works General Manager transmitting proposed budget for Waterloo Water Works for calendar year 1994, together with recommendation of approval of the Board of Trustees, be received, placed on file and "Resolution setting date of hearing as November 22, 1993 at 7:00 p.m. in the City Hall Council Chambers on the above described budget", be adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1993-666. Travel Request 102088 - Moved by Fox, seconded by Wright that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1 Bernal F. Koehrsen, Police Chief, and Frank L. Magsamen, Acting Fire Chief, to visit agency dispatch centers on November 9 and 10, 1993 in Bloomington/St. Cloud, Minnesota, with costs not to exceed $260.00, including the use of city vehicle. Ayes: Five. Absent: Dell, Buck. Motion carried. MISCELLANEOUS 102089 - Moved by Fox, seconded by Wright that the following beer 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 solicitor's license be received, placed on file and approved: 1. Beer/Liquor License Permit Application Class C 4th Street Station, 3251 West 4th Street (Renewal) (Expires 11/6/94) (Includes Sunday Sales) November 1, 1993 Page 5 Miscellaneous - continued Application for Solicitor's License Firestone/Bridgestone Car Care, 517 West 4th Street Ayes: Five. Absent: Dell, Buck. Motion carried. ORAL PRESENTATIONS 102090 - Kathy Oberle, 1101 Western Avenue, stated that the Mayor's Call In Show which was to follow this evenings Council meeting entitled "Information by Candidates: How Much of it is True?" was totally inappropriate and suggested that cable access not be used as a political tool for the election. Mayor Pro Tem Angel noted that this evening's Call the Mayor Show has been canceled since Mayor Manning has a cold and is unable to talk. Elaine Jaquith, 810 Cornwall Avenue, stated that it is a sad day for Waterloo since Mayor Manning has remained silent on his views and opinions for his nearly two years in office and now seems not to be able to say enough about election issues. Councilperson Lemke encouraged everyone to vote in the Municipal Election on Tuesday, November 2, 1993. Robert Sieglaff, 914 West Third Street, commended the Mayor for his removal of mid -block lights, and that adjacent property owners should be responsible for paying for them if they want them. He also stated that he does not like the yellow lights that are replacing the mercury vapor lights. John Meyer, Public Works Director, responded that the replacement of lights with low-pressure sodium fixtures are a state -mandate and is not at the option of the City. Mayor Pro Tem Angel read a press release concerning the change in residential garbage routes which will be initiated on November 8, 1993. This will provide for a more efficient pick-up of garbage and asked the public to be aware of their new garbage collection date. Moved by Budak, seconded by Wright that the above oral comments be received, placed on file and the Council adjourn at 8:10 p.m. Ayes: Five. Absent: Dell, Buck. Motion carried. Michelle Temeyer Acting Clerk/Auditor