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HomeMy WebLinkAbout10/18/93October 18, 1993 The Council of the City of Waterloo, Iowa, met in Special Session at City Hall Council Chambers, Waterloo, Iowa, at 6:00 p.m., on Monday, October 18, 1993. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Fox, Angel, Wright, Budak, Lemke. Absent: Dell, Buck. 102017 - Assistant City Attorney Sang -Ki Han stated that discussion of on-going law enforcement investigation is an approved topic of Executive Session as authorized by Iowa Code Section 21.5(1)(g). Moved by Budak, seconded by Wright that the Council adjourn to Executive Session. Ayes: Five. Absent: Dell, Buck. Motion carried. EXECUTIVE SESSION 102018 - Moved by Wright, seconded by Angel that the Council adjourn the Executive Session. Ayes: Five. Absent: Dell, Buck. Motion carried. 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 18, 1993. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Fox, Angel, Wright, Budak, Lemke. Absent: Dell, Buck. Invocation by: Councilperson Willie Mae Wright Pledge of Allegiance: Cub Scout Den 2, Cub Scout Pack 17 --Lucas Greene, Michael Grosser, Mike Hopkins, Craig Johnson, Cameron Puetz, Stewart Rickert, Zach Rose. 102019 - Moved by Wright, seconded by Angel that the Agenda, as proposed, for the Regular Session on Monday, October 18, 1993, at 7:00 p.m., and the Minutes of the Regular Session on Monday, October 11, 1993, at 7:00 p.m., be accepted and approved. Ayes: Five. Absent: Dell, Buck. Motion carried. Mayor Al Manning read a proclamation declaring the week of October 23-31, 1993 as Red Ribbon Week. ADJOURNED HEARING 102020 - Mayor Manning stated that now was the time for the adjourned hearing of October 11, 1993 (see CR 101983) on the request of Gene Zuzich/Samgene Terminals, Inc. to sell and convey property generally located in an area formerly known as the Kroblin Truck Terminal site for $22,276.93 and called for additional written and oral comments. Don Temeyer, Planning and Development Director, stated that attempts to resolve the sale of property in an area formerly known as the Kroblin Truck Terminal site have not been totally resolved. Of the six parcels, an agreement has not been reached on the sale of Parcel Nos. 1, 5 and 6, and he requested that action be tabled on the sale of said parcels. Both parties have agreed that Parcel No. 2 for $7,442.56 and Parcel No. 3 for $1,717.96 should be sold to Gene Zuzich/Samgene Terminals, Inc. He also recommended that Parcel No. 4 be sold to Waterloo Lumber Co. at a cost of $1,947.06. A new date of hearing should be set on sale and conveyance of Parcel 4. Moved by Angel, seconded by Wright that the hearing be closed and oral comments be received and placed on file. Ayes: Five. Absent: Dell, Buck. Motion carried. 102021 - Moved by Budak, seconded by Lemke that "Resolution authorizing sale and conveyance of property generally located in an area formerly known as the Kroblin Truck Terminal site to Gene Zuzich/Samgene Terminals, Inc. for Parcel No. 2 For $7,442.56 and Parcel No. 3 for $1,717.96, for a total of $9,160.52", be adopted, as amended, and City Attorney instructed to prepare and deliver a deed accordingly, and that a new date of hearing be set on sale and conveyance of Parcel No. 4 to Waterloo Lumber Co., and that action on remaining parcels be tabled indefinitely until such time problems are resolved between Gene Zuzich/Samgene Terminals, Inc. and Gray Transportation. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-636. October 18, 1993 PETITIONS FROM PUBLIC 102022 - Moved by Fox, seconded by Angel Page 2 that communication from City Planner transmitting request of Mark Dunkleberger to rezone from "A-1" Agricultural District, "R-2" One and Two Family Residence District and "R-3" Multiple Family Residence District to "C -Z" Conditional Zoning property generally located on the northerly side of Ridgeway Avenue between Sergeant Road (U.S. 63) and W. Fourth Street to construct a 9 hole golf course surrounding Metro Golf & Sports, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as November 8, 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: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-637. 102023 - Moved by Fox, seconded by Angel that communication from City Planner transmitting request of First Presbyterian Church to vacate, sell and convey the easterly 7.5 feet of East Park Avenue between Franklin Street and Walnut Street for $0, together with recommendation of approval of the Planning, Programming and Zoning Commission to sell at no cost and staff's recommendation to pay assessed value, pursuant to city policy, be received, placed on file and "Resolution setting date of hearing as November 8, 1993 at 7:00 p.m. on the above described request", be adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-638. 102024 - Moved by Fox, seconded by Angel that communication from City Planner transmitting request of Richard Droste to vacate utility and drainage easements generally located within the block bounded by Schultz, Willrich and Calhoun Streets, be received, placed on file and "Resolution setting date of hearing as November 8, 1993 at 7:00 p.m. on the above described request", be adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-639. 102025 - Moved by Fox, seconded by Angel that communication from City Engineer transmitting request of Jeff Bresson for a concrete driveway to be located at 323 West 15th Street, 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 assigned No. 1993-640. DOCUMENTS 102026 - Moved by Fox, seconded by Angel that communication from Police Chief transmitting contracts with the Iowa Department of Public Safety in conjunction with Lieutenant Robert Greenlee's participation with the Iowa Governor's Traffic Safety Bureau for promotion of motor vehicle occupant protection among law enforcement agencies and communities for the period through September 30, 1994, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-641. 102027 - Moved by Fox, seconded by Angel that communication from Community Development Administrator transmitting Change Order No. 1 for a net increase not to exceed $4,150.91 for work to be performed by Peterson Contractors, Inc. in conjunction with the Rath Demolition Project, Phase II, be received, placed on file and approved and Mayor authorized to execute same. Ayes: Five. Absent: Dell, Buck. Motion carried. 102028 - Moved by Fox, seconded by Angel that communication from Insurance Coordinator transmitting renewal of contract with General Star for Police Professionals and Public Officials Liability Insurance, together with recommendation of approval, be received, placed on file and "Resolution approving renewal of said contract", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-642. October 18, 1993 Page 3 Documents - continued 102029 - Moved by Fox, seconded by Angel that communication from Insurance Coordinator transmitting contract with Travelers Insurance for boiler insurance, together with recommendation of approval, be received, placed on file and "Resolution approving said contract", be adopted. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-643. ORDINANCES TO BE ADOPTED 102030 - Bob Stevenson, City Planner, stated that action to rezone said property was passed on its first reading on Monday, October 11, 1993, following discussion as to whether or not the proposed zoning would allow a race track. State law requires that a property owner gives consent to conditions prior to a hearing. If Mr. Klingaman, applicant, would agree to the restrictions, a letter stating this would be required prior to a hearing. Dick Klingaman stated that he would submit a letter stating he would not allow a race track on the property and agreed to a second hearing on said request. Moved by Budak, seconded by Angel that "Resolution setting date of hearing as November 8, 1993 on the request of Dick Klingaman to rezone from "U-1" Unclassified District to "M-1" Light Industrial District property generally located on the westerly side of U.S. 63 South, directly north of the Hudson City Limits for development of a contractor's storage yard or an auction center for autos and heavy equipment, with the restriction that no auto race track be placed on the property", be adopted and Acting Clerk/Auditor instructed to publish notice of same. Prior to a vote on the above motion, the following discussion was heard. In response to a question from Councilperson Wright, Mr. Stevenson stated that the "M-1" Light Industrial District zoning classification would allow any use under said classification, including a race track. With the rezoning, Mr. Klingaman could request a special permit through the Board of Adjustment, and if the property met the conditions of a special permit, we would have no option but to approve the track. As a safeguard, a letter from the applicant stating that a race track would not be contemplated at the site would alleviate the possibility of a track at said location. After discussion, a vote was taken with the following result: Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-644. 102031 - Moved by Fox, seconded by Budak that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 281 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 received, placed on file, considered and passed for the second time. Ayes: Five. Absent: Dell, Buck. Motion carried. 102032 - Moved by Angel, 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 second time. Ayes: Four. Nays: Wright. Absent: Dell, Buck. Motion carried. 102033 - Councilperson Wright suggested that an Attorney General's opinion be requested as to the legality of this ordinance since it has not yet been tested in a court of law. Assistant City Attorney Sang -Ki Han stated that a request could be made, but it would only be an opinion, or they could elect not to respond to the request. Moved by Fox, seconded by Angel that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by adding Chapter 9 3/4, Crime Property Prohibited", be tabled indefinitely with the intent of bringing said ordinance back in one to two weeks. Ayes: Five. Absent: Dell, Buck. Motion carried. October 18, 1993 BILLS PAYMENT 102034 - Moved by Angel, seconded by Wright Page 4 that "Resolution approving Schedule A918, pp. 1-64, dated October 18, 1993, in the amount of $1,384,921.05, 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 assigned No. 1993-645. NEW BUSINESS 102035 - Moved by Fox, seconded by Angel that communication from City Planner transmitting request by the Waterloo Redevelopment Authority (WRA) to revise sign codes in the "C-3" Central Business District, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as November 8, 1993 at 7:00 p.m. in the City Hall Council Chambers on the above request", be adopted and Acting Clerk/Auditor instructed to publish notice of same. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-646. 102036 - Moved by Fox, seconded by Angel that communication from City Planner transmitting request to place street lights at the following locations: Shaulis Road and Sergeant Road; Shaulis and Eldora Roads; Eldora and Acker Roads; Shaulis Road and Eldora Court; Eldora Court cul- de-sac, Shaulis Road and Fostoria Drive; West Eleventh and Jefferson Street; and Williston Avenue and southbound Washington Street, be received, placed on file and "Resolution approving installation of said lights", be adopted and Acting Clerk/Auditor instructed to notify Midwest Power of same. Ayes: Five. Absent: Dell, Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-647. 102037 - Moved by Fox, seconded by Angel that communication from Mayor Al Manning transmitting recommendation of appointment of Mark Boesen as the City's representative on the Waterloo Greyhound Park management committee, with term expiration date of October 1, 1995, be received, placed on file and approved. Ayes: Five. Absent: Dell, Angel. Motion carried. Travel Requests 102038 - Moved by Fox, seconded by Angel that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Mike Zimmerman, Fire Inspector, and Tom Lanigan, Fire Marshal, to attend Hawkeye State Fire Safety Association Conference in Des Moines, Iowa, on October 20-22, 1993, with costs not to exceed $265.00 each, including the use of city vehicle. 2. Frank Magsamen, Acting Fire Chief, to attend fall conference on Iowa Professional Fire Chiefs in Ames, Iowa, on October 26-28, 1993, with costs not to exceed $225.00, including the use of city vehicle. Ayes: Five. Absent: Dell, Angel. Motion carried. MISCELLANEOUS 102039 - Moved by Fox, seconded by Angel 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 Dancers Zodiac, 319 Jefferson (Renewal) (Expires 10/15/94) El Charro, 302 West 4th Street (Renewal) (Expires 11/9/94) 2. Beer/Wine License Permit Application Class E Quik Trip, 1104 Washington (Renewal) (Expires 11/15/94), (Includes Sunday Sales) Fleagle Foods, 2834 Ansborough Avenue (Renewal) (Expires 11/6/94) (Includes Sunday Sales) 3. Beer/Liquor License Permit Application Class A Supervisors Club, 3265 Dewitt Road (Renewal) (Expires 11/9/94) (Includes Sunday Sales) .- -� October 18, 1993 Page 5 Miscellaneous - continued Application for Haunted House Request of Waterloo Jaycees for a haunted house application (no charge) to be located at the former Whittier School, West 3rd and Kimball Avenue, on October 22, 23, 24, 28, 29, 30 and 31, 1993. Ayes: Five. Absent: Dell, Buck. Motion carried. 102040 - Chief Koehrsen stated that the request to return four laid off Police Officers to active duty comes as a result of recent homicides and other serious crimes in the community. The sworn strength of the department is down to 114 Police Officers with five of these officers unable to work due to duty -related injury or illness, thus reducing the strength to 109 Police Officers. The return of the laid off officers would be effective on Tuesday, October 19, 1993 through January 15, 1994 at a cost of $31,253.64, plus an additional $5,181.00 for the City's pension contribution. Money will be available pending the duty disability retirement of Officers Hilton and Vandenakker, which is anticipated shortly. Returning the four laid off officers to the patrol force will allow the assignment of experienced officers to the Investigation Division to assist in investigation of said crimes. Councilperson Lemke noted that the Department continues to experience declines in numbers of officers. Moved by Lemke, seconded by Angel that communication from Police Chief transmitting request to recall four laid -off Police Officers from October 19, 1993 to January 15, 1994 be received, place on file and approved. Ayes: Five. Absent: Dell, Buck. Motion carried. BONDS 102041 - Moved by Angel, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through October 18, 1993, be received, placed on file and report and bonds approved. Ayes: Five. Absent: Dell, Buck. Motion carried. ORAL PRESENTATIONS 102042 - In response to a question from Councilperson Budak, Chief Koehrsen stated that a proposed ordinance on requiring surveillance or cameras in various commercial businesses will appear on the City Council agenda of October 25, 1993. A work session will be scheduled prior to the meeting. Nathan Blanck, 4052 Niles Street, urged the Council not to delay enactment of the volume -based garbage rate because it is not fair for those who have begun recycling. Elaine Jaquith, 810 Cornwall Avenue, reminded the Council that the terms of four Cable Commission members expire in December 1993. She also reported that TCI of Northern Iowa has required those submitting programming on the public access channel to provide tapes that are 3/4 inch. She felt that this conversion was specifically targeted at her and her program, "Telling It Like It Is". She asked that the Council consider helping individuals in the community with equipment needs for said conversion. She also stated that on Wednesday, October 13, 1993, her show, as referenced above, was preempted by the City Council meeting and questioned the City's policy on how times are scheduled on the public access channel. Kathy Oberle, 1101 Western Avenue, asked that the voters of the community be given a chance to allow gambling on pari-mutuel betting sites similar to the options given to cities in Colorado. In response, Mayor Manning stated that increasing the limits on gambling may become an issue of the Legislature and could be addressed at that time. 102043 - Assistant City Attorney Sang -Ki Han stated that labor negotiation strategy is an approved topic of Executive Session as authorized by Iowa Code Section 21.9. Moved by Budak, seconded by Wright that the above oral comments be received, placed on file and the Council adjourn to Executive Session. Ayes: Five. Absent: Dell, Buck. Motion carried. EXECUTIVE SESSION 102044 - Moved by Wright, seconded by Lemke that the Council adjourn the Executive Session. Ayes: Five. Absent: Dell, Buck. Motion carried. October 18, 1993 Page 6 ADJOURNMENT 102045 - Moved by Lemke, seconded by Angel that the Council adjourn at 8:15 p.m. Ayes: Five. Absent: Dell, Buck. Motion carried. Michelle Temeyer Acting City Clerk/Auditor