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HomeMy WebLinkAbout10/11/93October 11, 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 11, 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: Grace Lutheran Church Pack 144 --Michael Quick, Jordan Barkow, Dustin Dethlefs, Ryan Nottger, Michael Southall, David Woodman 101972 Moved by Fox, seconded by Wright that the Agenda, as amended, for the Regular Session on Monday, October 11, 1993, at 7:00 p.m., and the Minutes of the Regular Session on Monday, October 4, 1993, at 7:00 p.m., be accepted and approved. Ayes: Six. Absent: Buck. Motion carried. HEARINGS 101973 - Moved by Angel, seconded by Dell that proof of publication of notice of public hearing on request of Floyd Junker to rezone from "C-2" Commercial District to "C -Z" Conditional Zoning property generally located at 1207, 1209 and 1213 Mulberry Street to use existing commercial building as a welding shop, as published in the Waterloo Courier on September 29, 1993, be received and placed on file. Ayes: Six. Absent: Buck. Motion carried. 101974 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Don Temeyer, Planning and Development Director, reported that the Planning, Programming and Zoning Commission had recommended approval of said request on a vote of 7 to 1, with conditions as follows: 1) The existing 28' x 36' commercial building shall meet the commercial building code of the City, 2) There shall be no storage of equipment or supplies outside the building, 3) The applicant shall provide a hard -surfaced parking lot containing a minimum of three (3) parking spaces, and 4) A revised site plan shall be submitted showing the required screening of the parking lot from surrounding residences and landscaping of the lot. A petition of objection has been received from residents representing 1.5 percent of the property owners lying within 250 feet of the.request. Moved by Wright, seconded by Dell that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and written and oral comments be received and placed on file. Ayes: Six. Absent: Buck. Motion carried. 101975 - Moved by Dell, seconded by Fox that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 49 to Section 2A -7N Conditional Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. 101976 - Moved by Wright, 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. 101977 - Moved by Budak, seconded by Wright 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. 101978 - Moved by Fox, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 49 to Section 2A -7N Conditional Rezoning Certain Property", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3976. 101979 - Moved by Wright, seconded by Budak that proof of publication of notice of public hearing on request of Dick Klingaman dba K -Line Farms, Inc. 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, as published in the Waterloo Courier on September 29, 1993, be received and placed on file. Ayes: Six. Absent: Buck. Motion carried. October 11, 1993 Page 2 Hearings — continued 101980 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Don Temeyer, Planning and Development Director, stated that the request contains 54.8 acres and would be a continuation of the "M-1" Light Industrial District to the east and north. This property was the former location of a proposed parking lot that would serve the race track that was originally proposed by Mr. Klingaman within the Hudson city limits to the south. The applicant proposes to develop this property as a contractor's storage yard or an auction center for autos and heavy equipment. The Planning, Programming and Zoning Commission unanimously recommended approval of the request. Gary Rankin, 1165 Dixon Drive and representing Young Development, questioned whether the proposed zoning would allow the existence of a race track, something the public should be made aware. Mr. Temeyer stated that the Board of Adjustment could allow a special permit use at said location utilizing criteria such as noise, traffic, objections of adjacent property owners, and others. City Attorney Jim Walsh suggested that the ordinance be passed only on its first reading to allow staff to research the possibilities as to restrictions that could be placed on the property. Moved by Dell, seconded by Wright that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and written and oral comments be received and placed on file. Ayes: Six. Absent: Buck. Motion carried. 101981 - Moved by Fox, seconded by Angel that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 280 to Section 2A-5 Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. 101982 - Moved by Wright, seconded by Fox that proof of publication of notice of public hearing on request of Gene Zuzich/Samgene Terminals, Inc. to sell and convey propertygenerally located in an area formerly known as the Kroblin Truck Terminal site for $22,276.93, as published in the Waterloo Courier on September 29, 1993, be received and placed on file. Ayes: Six. Absent: Buck. Motion carried. 101983 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Don Temeyer, Planning and Development Director, stated that adjacent property owners have expressed an interest in purchasing a portion of the property. He asked that staff be allowed one week to meet with adjacent property owners and bring a proposal back to Council for action. Moved by Dell, seconded by Angel that the hearing be adjourned for one week. Ayes: Six. Absent: Buck. Motion carried. 101984 - Moved by Budak, seconded by Dell that proof of publication of notice of public hearing on request of Jeff Bresson dba Mike's Brake and Front End Service to vacate, sell andconvey a portion of Bluff Street generally located between West 15th and 16th Streets for $1 and an agreement for additional landscaping on the vacated right of way, as published in the Waterloo Courier on September 29, 1993, be received and placed on file. Ayes: Six. Absent: Buck. Motion carried. 101985 HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Don Temeyer, Planning and Development Director, stated that said property is adjacent to the U.S. Highway 218 Corridor, and adjacent property owners are subject to the landscaping requirements of the Overlay District. Said property is unbuildable and requires that theproperty owner agree to landscaping as has been required for other property owners who have purchased portions of Bluff Street. Moved by Angel, seconded by Dell that the hearing be closed and the recommendation of approval of that Planning, Programming and Zoning Commission and oral comments be received and placed on file. Ayes: Six. Absent: Buck. Motion carried. ,October 11, 1993 Hearings - continued Page 3 101986 - Moved by Dell, seconded by Fox that "an Ordinance vacating a portion of Bluff Street generally located between West 15th and 16th Streets", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. 101987 - Moved by Fox, 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. 101988 - Moved by Angel, seconded by Fox that the following ordinance be recorded as having been considered and passed tor the second and third times and now placed on its final adoption. Ayes: Six. Absent: Buck. Motion carried. 101989 - Moved by Budak, seconded by Lemke that "an Ordinance vacating a portion of Bluff Street generally located between West 15th and 16th Streets", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3977. 101990 - Moved by Fox, seconded by Dell that "Resolution authorizing sale and conveyance of a portion of Bluff Street generally located between West 15th and 16th Streets to Jeff Bresson dba Mike's Brake and Front End Services for $1.00 and agreement for installation of additional landscaping on the vacated right of way", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-626. 101991 - Moved by Dell, seconded by Wright that proof of publication of notice of public hearing on request of Arnold Diech, 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, as published in the Waterloo Courier on September 29, 1993, be received and placed on file. Ayes: Six. Absent: Buck. Motion carried. 101992 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Don Temeyer, Planning and Development Director, stated that the Planning, Programming and Zoning Commission had recommended denial of said request as the proposed use is not in accordance with the Land Use Plan and the inadequacy of parking. A 3/4 vote of the City Council will be required to override the Commission's recommendation. Mr. Temeyer explained that the "C-1" Commercial District classification is a more intensive use requiring greater parking requirements then a professional office use which is currently at said location. Moved by Budak, seconded by Wright that the hearing be closed and the recommendation of denial of the Planning, Programming and Zoning Commission and oral comments be received and placed on file. Ayes: Six. Absent: Buck. Motion carried. 101993 - Moved by Budak, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 281 to Section 2A-5 Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. PETITIONS FROM PUBLIC 101994 - Moved by Fox, seconded by Dell that communication from City Planner transmitting request of M & K Enterprises to sell and convey property adjoining the easterly side of property known as Western Auto Store on Enterprise Avenue for $6,000, together with recommendation of approval, be received, placed on file and "Resolution setting date of hearing as October 25, 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: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-627. October 11, 1993 Page 4 DOCUMENTS 101995 - Moved by Fox, seconded by Dell that communication from City Planner transmitting Certificate of Completion and Final Acceptance of Agreement Work for work performed by Rust Environment & Infrastructure in conjunction with Hackett Road Bypass, IX -6585(7)--79-07, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-628. 101996 - Moved by Fox, seconded by Dell that communication from Planning and Development Director transmitting agreement with Restaurant Group of Iowa Inc. and D & L Investors in conjunction with traffic signal at Brookeridge Drive and Kimball Avenue, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Acting Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-629. RESOLUTIONS TO BE ADOPTED 101997 - Moved by Fox, seconded by Dell that "Resolution transferring from the Rath Liquidation Project Fund the sum of $24,134.00 to the Community Development Block Grant Program Fund", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-630. REPORTS 101998 - John Meyer, Public Works Director, summarized the Public Works Committee's recommendation of October 4, 1993 relating to the future access and use of Mitchell/Hawthorne sandpit area. Said recommendations include: 1) That the access area should be altered to allow continuous use of the Hawthorne boat ramp, which will require the relocation of the gate and control of access from Hawthorne Street to secure the overall area, 2) That Mitchell Avenue should be repaired to separate the north and south lakes to allow trout stocking at said location, 3) Additional posting to discourage the dumping of garbage and trash in the area, 4) That the citizens attempt to form an association of interested persons to assist in the redevelopment of the area, 5) That the City Attorney be consulted to determine if a strict scheduled fine could be applied to violators of garbage and trash dumping ordinances, 6) That the necessary steps be taken by the Planning, Programming and Zoning Department to require that junk yards adjacent to Mitchell Avenue and Hawthorne Street be brought into compliance with city ordinances, and 7) That the current curfew ordinance be enforced by closing of the gates. Mr. Meyer commented that the Department of Natural Resources had decided not to stock the pit area because a decision had to be made earlier in the year of its availability for stocking, and that there was not enough trout stock available. He commented that city crews will commence filling Mitchell Avenue (with the use of federal funds) when weather conditions no longer allow them to work on city streets. No definite completion date was given. Brian Timmerman, 1635 Patton Avenue, stated that he had spoken with representatives of the Department of Natural Resources (DNR) who reported that they were not happy with the access that was provided to the Mitchell Avenue area. Mr. Timmerman distributed to City Council Members telephone numbers of DNR personnel and asked them to show their interest in maintaining the area as a trout fishing area. He requested that the Mayor provide a formal request to DNR asking that the area be stocked with trout. Mayor Manning stated that the closing of the gate will be accomplished during the week by Public Works Department personnel and on the weekends by the Fire 'tepartment . Councilperson Fox stated that controlling access and shutting of the gates will be a key to the success of redevelopment of the area. Councilperson Dell noted that the City can only fix so much, and that these efforts were an excellent start to redevelopment of the area. Moved by Fox, seconded by Budak that communication from Public Works Director transmitting recommendation on future access and use of the Mitchell/Hawthorne Sand Pit area, be received and placed on file. Ayes: Six. Absent: Buck. Motion carried. October 11, 1993 ORDINANCES TO BE ADOPTED Page 5 101999 - Moved by Budak, seconded by Fox that "an Ordinance amending the 1991 Traffic Code by adding a new Subsection (4a) Cutler Street to Section 552, No Parking Between Signs (pedestrian loading zone at 226 Cutler Street)", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Buck. Motion carried. 102000 - Moved by Fox, 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. 102001 - Moved by Dell, 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: Buck. Motion carried. 102002 - Moved by Angel, seconded by Wright that "an Ordinance amending the 1991 Traffic Code by adding a new Subsection (4a) Cutler Street to Section 552, No Parking Between Signs (pedestrian loading zone at 226 Cutler Street)", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3978. 102003 - Moved by Budak, seconded by Lemke that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (a)(1) E. 5th Street of Section 312, Fees --Monthly and Reserved Ramp and Lot Parking; and by enacting in lieu thereof a new Subsection (a)(1) E. 5th Street of Section 312, Fees --Monthly and Reserved Ramp and Lot Parking", be received, placed on file, considered and passed for the second time. Ayes: Six. Absent: Buck. Motion carried. 102004 - 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. 102005 - Moved by Wright, seconded by Budak 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: Buck. Motion carried. 102006 - Moved by Fox, seconded by Wright that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (a)(1) E. 5th Street of Section 312, Fees --Monthly and Reserved Ramp and Lot Parking; and by enacting in lieu thereof a new Subsection (a)(1) E. 5th Street of Section 312, Fees --Monthly and Reserved Ramp and Lot Parking", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3979. 102007 - Chief Koehrsen stated that since the introduction of this ordinance to the Council on October 4, 1993, he and the City Attorney's office had met with representatives of the Landlords Association and the Iowa Citizens for Community Improvements. These meetings were an attempt to reach a compromise, which included the concerns of both groups but would not materially affect the substance of the proposed ordinance. The changes address the due process clause and landlord rights. It was suggested that prior to action by the Council, a work session be set to discuss the concerns of all. Councilperson Fox suggested that prior to a work session, all parties agree to the ordinance. Moved by Budak, seconded by Dell 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 until October 18, 1993. Ayes: Six. Absent: Buck. Motion carried. 102008 - Councilperson Wright suggested that action on this ordinance be delayed to allow the new administration to decide whether the volume -based garbage rate should be implemented. Brian Timmerman, 1635 Patton Avenue, stated that the adoption of a volume -based rate will increase illegal dumping. October 11, 1993 Page 6 Ordinances to be Adopted - continued Moved by Fox, seconded by Angel 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 first time. Ayes: Five. Nays: Wright. Absent: Buck. Motion carried. BILLS PAYMENT 102009 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-16, dated October 11, 1993, in the amount of $1,541,460.75, copies of which are on file in the Clerk/Auditor's office", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approiral by Mayor assigned No. 1993-631. NEW BUSINESS 102010 - Moved by Fox, seconded by Dell that "Preliminary Resolution for the construction of the East Park Avenue Parking Facility Addition Improvement Project", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-632. 102011 - Moved by Fox, seconded by Dell that "Resolution fixing value of lots for the East Park Avenue Parking Facility Addition Improvement Project", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-633. 102012 Moved by Fox, seconded by Dell that "Resolution adopting preliminary plat and schedule, proposed plans and specifications for the construction of Parking Facility Addition Improvement Project", be adopted. Buck. estimate of cost and the East Park Avenue Ayes: Six. Absent: Resolution adopted and upon approval by Mayor assigned No. 1993-634. 102013 - Moved by Fox, seconded by Dell that "Resolution of Necessity (Proposed) setting date of hearing as 1993 at 7:00 p.m. in the City Hall Council Chambers on the East Parking Facility Addition Improvement Project", be adopted Clerk/Auditor instructed to publish notice of same and mail notice owners. Ayes: Six. Absent: Buck. Resolution adopted and upon apprc-val by Mayor assigned No. 1993-635. MISCELLANEOUS 102014 - Moved by Fox, seconded by Dell 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 Press Box, 501 West 4th Street (Renewal) (Expires 10/15/94) Greyhound Lounge, 708 Jefferson (Renewal) (Expires 10/9/94) Brown Bottle, 209 West 5th Street (Renewal) (Expires 10/22/94) (Includes Sunday Sales) November 8, Park Avenue and Acting to property Ayes: Six. Absent: Buck. Motion carried. BONDS 102015 - Moved by Angel, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through October 11, 1993, be received, placed on file and report and bonds approved. Ayes: Six. Absent: Buck. Motion carried. „October 11, 1993 Page 7 ORAL PRESENTATIONS 102016 - Brenda LaBlanc, a resident of Des Moines and Chairperson of the Iowa Citizens for Community Improvements, asked that the Council consider the views of neighbors who reside in the neighborhoods where there is frequent drug dealing. They are experts. She urged the passage of the ordinance as originally proposed by CCI. The proposed amendments suggested by the Landlords Association are unacceptable to CCI. Carol Morris, 1666 Williston Avenue, spoke against the proposed changes requested by the Landlords Association. Angela Saffold, 504 Ankeny Street, objected to the changes proposed by the Landlords Association. Specifically, she cited the list of items which indicate probable criminal activity at a property could include "the regular presence on the property of persons known to be convicted of a felony.” The ordinance requires at least two items of evidence to warrant a certified letter to the property owner. If a family member has served time for a felony, then only one other item of evidence is needed. Treating one group of persons unequally could possibly be unconstitutional. A second objection was the addition of a new section which states that the boarding up of a property does not apply to landlords but only owner/occupants. The third objection was the addition of a new section allowing a landlord to be excused from any legal action by the City Council after application to them for almost any excuse whatsoever. The results of these changes are that landlords can effectively ignore the ordinance and receive only a modest fine under the Municipal Infraction penalties of the City Code of Ordinances. Chief Koehrsen stated that the ordinance was designed at the request of Citizens for Community Improvements, and that he deeply regretted the controversy between both groups. He stated that the proposed ordinance was not intended to weaken the ordinance but only to deal with procedural items related to due process. He urged both groups to agree on the contents of a revised ordinance. Ms. LaBlanc reported that the ordinance has worked in the city of Des Moines, and that the proposed ordinance changes greatly relieves landlords of any responsibility for those individuals who live in their properties. In response to a question from Ms. Saffold, City Attorney Jim Walsh stated that at the direction of the City Council, the proposed ordinance changes were being provided to the policy makers for final determination. Melvina Scott, 413 Onedia Street and serving as second Vice President of the Local Chapter of the NAACP, stated that her organization receives many complaints on absentee landlords and stated that the original ordinance would greatly assist in dealing with absentee landlords. She supported the original ordinance as proposed by CCI. Gary Goodson, 606 Sumner Street and Manager of Goodies II, questioned whether or not the ordinance applies to commercial structures. If the intent of the ordinance was to regulate commercial entities, it could possibly shut down the whole eastside of town. He did not favor adoption of the ordinance. Chief Koehrsen stated that the original intent of the ordinance was to provide tools to his staff and neighbors to address the drug problem in the community. Although the ordinance has not been tested in a court of law, his original intent was to work with citizens and neighbors of the community and address the problem. Ms. LaBlanc stated that not enough time had been given to digest the proposed ordinance changes. Councilperson Dell suggested that both groups caucus and arrive at a reasonable solution as this is not the appropriate time or place to discuss the contents of the ordinance. Richard Gleason, 305 Broadway Street, stated that he is the owner of various rental properties, and that the ordinance has the potential of affecting many innocent landlords. L. C. Hennessey, 558 Montrose Drive, suggested that the Mayor form a committee to discuss the issues on the "crack house" ordinance. He further suggested that money could be raised via slot machines for the operation of the public library. Leon Mosley, a member of the Black Hawk County Board of Supervisors, stated that he is very concerned about drug activity. As a member of the Board of Directors at Prairie Park Apartments on West Donald Street, he supported the adoption of a tough ordinance to deal with drug activity. He has been threatened many times noting that as many as twenty families have been removed from the apartments due to illegal drug activity. Brian Timmerman, 1635 Patton Avenue, asked that a citizen be allowed to sit on the selection panel for the position of Fire Chief. October 11, 1993 Page 8 Oral Presentations - continued Leon Mosley identified a drainage problem near the convenience store located at the northeast corner of the intersection of North Elk Run Road and Independence Avenue. He asked that City staff review the site plan. Staff noted that the convenience store is located outside the city limits. Moved by Dell, seconded by Fox that the above oral comments be received, placed on file and the Council adjourn at 8:55 p.m. Ayes: Six. Absent: Buck. Motion carried. Michelle Temeyer Acting Clerk/Auditor