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HomeMy WebLinkAbout10/25/93October 25, 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, October 25, 1993. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Angel, Buck, Wright, Lemke. Absent: Dell, Fox, Budak Invocation: A Moment of Silence Pledge of Allegiance: Personnel Director Jim Rodemeyer 102046 - Moved by Buck, seconded by Angel that the Agenda, as amended, for the Regular Session on Monday, October 25, 1993, at 7:00 p.m., and the Minutes of the Regular Session on Monday, October 18, 1993, at 7:00 p.m., be accepted and approved. Ayes: Four. Absent: Dell, Fox, Budak. Motion carried. ADJOURNED HEARINGS 102047 - The Mayor announced that the time had arrived for the adjourned hearing from September 13, 1993 (see CR 101821) on the request of Thomas Biemann to rezone from "C-1" Commercial District to "C-2" Commercial District property generally located along the east side of Bishop Avenue and extending approximately 450 feet south of Independence Avenue to expand existing lawn mower sales and service business and the renovation and sale of used mobile homes. Craig Ament, attorney representing the applicant, asked that action on this item be adjourned until December 6, 1993 to determine whether neighbors support or oppose the request. Councilperson Wright has indicated that the neighborhood opposes the request, although a petition supporting the rezoning has been obtained representing 65.2 percent of the surrounding property owners. Not enough time has been given to allow both sides to work out the issues. Bob Stevenson, City Planner, stated that the applicant is out of compliance with zoning requirements, but as long as the zoning is pending before the Council, the City will not issue citations for violations. Councilperson Buck stressed the need to make a good faith effort to determine the feelings of the neighborhood, and that he would support the neighbors' desires. Mr. Ament will invite city officials to the neighborhood meeting when scheduled. Moved by Lemke, seconded by Angel that the hearing be adjourned to December 6, 1993. Ayes: Four. Absent: Dell, Fox, Budak. Motion carried. 102048 - The Mayor announced that the time had arrived on the adjourned hearing from September 13, 1993 (see CR 101826) on the request of Thomas Biemann to rezone from "C-1" Commercial District to "M-1" Light Industrial District property generally located along the north side of Independence Avenue at the intersection of Bishop Avenue to expand existing tire and sales and service business and continue to display tires and rims. Moved by Lemke, seconded by Angel that the hearing be adjourned to December 6, 1993. Ayes: Four. Absent: Dell, Fox, Budak. Motion carried. HEARINGS 102049 - Moved by Buck, seconded by Wright that proof of publication of notice of public hearing on request of M & K Enterprises to sell and convey property generally adjoining the easterly side of the Western Auto Store on Enterprise Avenue for $6,000.00, as published in the Waterloo Courier on October 15, 1993, be received and placed on file. Ayes: Four. Absent: Dell, Fox, Budak. Motion carried. 102050 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Bob Stevenson, City Planner, noted that the proposed sale will allow the applicant to utilize the area for snow removal from an adjacent parking lot. It was the recommendation of the Planning staff that the area be grassed or hard - surfaced and not graveled. If the area were to be utilized as a parking area, it must be hard surfaced. After discussion, it was determined that no restriction would be placed on the sale concerning surfacing of the area. Moved by Buck, seconded by Wright that the hearing be closed and oral and written comments be received and placed on file. Ayes: Four. Absent: Dell, Fox, Budak. Motion carried. October 25, 1993 Hearings - continued 102051 - Moved by Buck, seconded by Angel Page 2 that "Resolution authorizing sale and conveyance of property generally adjoining the easterly side of the Western Auto Store on Enterprise Avenue to M & K Enterprises for $6,000.00", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Four. Absent: Dell, Fox, Budak. Resolution adopted and upon approval by Mayor assigned No. 1993-648. PETITIONS FROM PUBLIC 102052 - Moved by Angel, seconded by Wright that communication from City Engineer transmitting request of Peter J. Gartelos for a concrete driveway to be located at 5870 A -B Avenue, together with recommendation, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Four. Absent: Dell, Fox, Budak. Resolution adopted and upon approval by Mayor assigned No. 1993-649. 102053 - Moved by Angel, seconded by Wright that communication from City Engineer transmitting request of Clarence R. McCombs for an asphalt driveway to be located at 600 Bishop Avenue, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Four. Absent: Dell, Fox, Budak. Resolution adopted and upon approval by Mayor assigned No. 1993-650. 102054 - Moved by Angel, seconded by Wright that communication from City Planner transmitting request of Waterloo Lumber Company to sell and convey a portion of vacated Arbor Street for $1,947.06 be received, placed on file and "Resolution setting date of hearing as November 15, 1993 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes: Four. Absent: Dell, Fox, Budak. Resolution adopted and upon approval by Mayor assigned No. 1993-651. DOCUMENTS 102055 - Moved by Angel, seconded by Wright that communication from Insurance Coordinator transmitting recommendation of approval of renewal of property insurance contract with Fireman's Fund Insurance Company in the amount of $59,550 for the period of October 1, 1993 through September 30, 1994, be received, placed on file and "Resolution approving said renewal of contract", be adopted. Ayes: Four. Absent: Dell, Fox, Budak. Resolution adopted and upon approval by Mayor assigned No. 1993-652. 102056 - Moved by Angel, seconded by Wright that communication from Insurance Coordinator transmitting recommendation of approval of renewal of contracts for health insurance programs with Heritage National Healthplan and Blue Cross Blue Shield of Iowa for the period of July 1, 1993 through June 30, 1994, be received, placed on file and "Resolution approving said renewal of contracts", be adopted and Mayor authorized to execute same. Ayes: Four. Absent: Dell, Fox, Budak. Resolution adopted and upon approval by Mayor assigned No. 1993-653. RESOLUTIONS TO BE ADOPTED 102057 - Mayor Manning read selected portions of the resolution demonstrating the City's financial obligations with unfunded state and federal mandates. Oftentimes, rules and regulations require the City to absorb the costs of implementation. Moved by Angel, seconded by Wright that "Resolution endorsing efforts of and working with the League of Iowa Municipalities, the National League of Cities and U.S. Conference of Mayors to fully inform citizens about the impact of unfunded federal and state mandates and work to reduce the burden created by those mandates", be adopted. Ayes: Four. Absent: Dell, Fox, Budak. Resolution adopted and upon approval by Mayor assigned No. 1993-654. October 25, 1993 Page 3 Resolutions to be Adopted - continued 102058 - Moved by Angel, seconded by Wright that "Resolution approving cancellation of special assessments for rental inspection fees for property located at 424 Florence Street and weed clean-up fees for an empty lot located on Lafayette Street owned by the Greater Black Hawk Habitat for Humanity", be adopted. Ayes: Four. Absent: Dell, Fox, Budak. Resolution adopted and upon approval by Mayor assigned No. 1993-655. ORDINANCES TO BE ADOPTED 102059 - City Attorney Jim Walsh stated that the second reading of the ordinance which occurred on October 18, 1993 (see CR 102031), the Council needed six votes to override the recommendation of denial of the Planning, Programming and Zoning Commission. Since only five Council Members were present, this action was null and void. He recommended that the second reading of the ordinance be considered by the City Council on November 1, 1993, and that action be tabled on tonight's reading. Moved by Lemke, seconded by Buck 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,and that the second reading of said ordinance be placed on the Agenda of November 1, 1993. Ayes: Four. Absent: Dell, Fox, Budak. Motion carried. 102060 - Acting Fire Chief Frank Magsamen stated that the proposed ordinance changes update the language to reflect the department's practices relating to fire inspections. Also, the ordinance is being amended to allow inspection fees to be charged to each business within a structure rather than only the structure itself. He advised the Council that the original ordinance has allowed a reinspection fee that has not been exercised by the department. Said reinspection fees will be levied to recoup the actual costs of performing said services. Moved by Angel, seconded by Lemke 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 tabled for one week. Ayes: Four. Absent: Dell, Fox, Budak. Motion carried. 102061 - Moved by Buck, seconded by Wright that "an Ordinance amending Chapter 14, Fire Prevention and Protection, of the 1988 Code of Ordinances of the City of Waterloo, Iowa, 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: Four. Absent: Dell, Fox, Budak. Motion carried. 102062 - Moved by Buck, seconded by Lemke that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by adding Chapter 33%, Surveillance Cameras, Providing for Surveillance Cameras in Convenience Stores or Businesses", be tabled for one week. Ayes: Four. Absent: Dell, Fox, Budak. Motion carried. BILLS PAYMENT 102063 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-63, dated October 25, 1993, in the amount of $4,135,595.94, copies of which are on file in the Clerk/Auditor's office", be adopted. Ayes: Four. Absent: Dell, Fox, Budak. Resolution adopted and upon approval by Mayor assigned No. 1993-656. NEW BUSINESS 102064 - Moved by Wright, seconded by Lemke that communication from Library Director and Library Board transmitting request to hire a part-time Library Assistant be received, placed on file and approved. Ayes: Four. Absent: Dell, Fox, Budak. Motion carried. October 25, 1993 Page 4 Travel RecTuests 102065 - Moved by Wright, seconded by Lemke that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Cammie Scully, Associate Director, and Bonnie Winninger, Education Director, to attend Iowa Museum Conference in Ames, Iowa on November 1 - 2, 1993, with costs not to exceed $242.95, including the use of city vehicle. 2. Frank Magsamen, Acting Fire Chief, to attend course at the National Fire Academy in Emmitsburg, Maryland on November 29 - December 10, 1993, with costs not to exceed $177.12. 3. Jeff Hedrington, Paramedic, to attend course at the National Fire Academy in Emmitsburg, Maryland on November 29, 1993 - December 10, 1993, with costs not to exceed 177.12. 4. David Boesen, Medical Officer, to attend course at the National Fire Academy in Emmitsburg, Maryland on November 29 - December 10, 1993, with costs not to exceed $177.12. Ayes: Four. Absent: Dell, Fox, Budak. Motion carried. MISCELLANEOUS 102066 - Moved by Wright, seconded by Lemke 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 License Permit Application Class B Black Hawk Tennis Club, Inc., 1005 Black Hawk Road (New Yearly) (Expires 10/31/94) (Includes Sunday Sales) Godfather's Pizza, 1946 Schukei Road (Renewal) (Expires 11/1/94) (Includes Sunday Sales) Godfather's Pizza, 3811 University Avenue (Renewal) (Expires 11/1/94) (Includes Sunday Sales) 2. Beer License Permit Application Class C Total Store, 515 Broadway (New) (Expires 10/27/94) (Includes Sunday Sales) 3. Beer/Liquor License Permit Application Class C The Jet, 451 W. Parker (Renewal) (Expires 11/1/94) (Includes Sunday Sales) Z's Restaurant & Lounge, 3937 W. Airline Highway (Renewal) (Expires 10/31/94) Ayes: Four. Absent: Dell, Fox, Budak. Motion carried. BONDS 102067 - Moved by Angel, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through October 25, 1993, be received, placed on file and report and bonds approved. Ayes: Four. Absent: Dell, Fox, Budak. Motion carried. ORAL PRESENTATIONS 102068 - Margo Draine, 133 Adams Street, stated that her son was involved in a fight in Sullivan Park earlier in the evening, and that after dialing 911, the Police Department stated that officers would not be sent to the Sullivan Park area. She was very disappointed with this response; however, officers later responded to the incident. Chief Koehrsen stated that he was unaware of the circumstances but would review the case and report back to the Council. Robert Sieglaff, 914 West 3rd Street, questioned whether the City would be providing curb side collection of leaves this fall. Mayor Manning responded that the City is allowing citizens to utilize the Mitchell Avenue sandpit area for leaf collection. If residents are unable to transport them to this location, the City will collect leaves if they are in the yard waste collection bags. Mr. Sieglaff responded that this is an impossible situation. Councilperson Angel stated that by mulching, a large volume of leaves can be managed. Councilperson Wright suggested that burning be allowed. Mr. Sieglaff stated that a tractor trailer is allowed to run overnight on Locust Street between West 2nd and West 3rd Streets. Since this is a residential area, it is very disturbing to him and other residents. Th�Police Chief will review this matter. "� October 25, 1993 Page 5 Oral Presentations - continued Councilperson Angel asked whether staff would review the intersection of Texas Drive and San Marnan Drive as persons often exiting from I-.380 make a right hand U-turn to avoid the stacking problem of left turns onto San Marnan Drive. Staff will review this situation. Mr. Sieglaff also reported that he opposed the City's involvement with the waterslides project, and that it should be a private endeavor. Moved by Buck, seconded by Wright that the above oral comments be received, placed on file and the Council adjourn at 7:40 p.m. Ayes: Four. Absent: Dell, Fox, Budak. Motion carried. Michelle Temeyer Acting City Clerk/Auditor