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HomeMy WebLinkAbout10/04/93October 4, 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 4, 1993. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Fox, Buck, Wright, Budak, Lemke. Absent: Dell, Angel. Invocation by: Councilperson Joe Fox Pledge of Allegiance: Don Temeyer, Planning and Development Director 101949 - Moved by Buck, seconded by Wright that the Agenda, as proposed, for the Regular Session on Monday, October 4, 1993, at 7:00 p.m., and the Minutes of the Regular Session on Monday, September 27, 1993, at 7:00 p.m., be accepted and approved. Ayes: Five. Absent: Dell, Angel. Motion carried. UNFINISHED BUSINESS 101950 - Moved by Budak, seconded by Lemke that communication from Executive Director of Waterloo Housing Authority transmitting recommendation of award of contract in the amount of $701,263 to Beck -Ericson, Inc. of Cedar Falls, Iowa in conjunction with construction of 10 houses for the Family Self -Sufficiency Family Public Housing Program, be received, placed on file and "Resolution approving award of said contract", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-611. PETITIONS FROM PUBLIC 101951 - Moved by Budak, seconded by Lemke that communication from City Engineer transmitting request of Jim P. Rathbone for a concrete driveway to be located at 163 Oak Ridge Road, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-612. 101952 - Moved by Budak, seconded by Lemke that communication from City Engineer transmitting request of Marty Dickey for a concrete driveway to be located at 117 Derbyshire Road, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-613. 101953 - Moved by Budak, seconded by Lemke that communication from City Engineer transmitting request of Mrs. Max Hughes for a concrete driveway to be located at 165 Graceline Boulevard, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-614. 101954 - Moved by Budak, seconded by Lemke that communication from City Engineer transmitting request of Dennis Lee, Manager of A.Y. McDonald Supply, for a concrete driveway to be located at 3310 University Avenue, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-615 101955 - Moved by Budak, seconded by Lemke that communication from Associate Engineer transmitting request Contractors, Inc. for a variance to the Noise Ordinance, Chapter 25 October 5, 1993 to December 1, 1993 in conjunction with F.Y. 1993 Extension (East), Contract No. 453, together with recommendation of received, placed on file and "Resolution approving said request", Ayes: Five. Absent: Dell, Angel. • of Peterson .5, effective Sixth Street approval, be be adopted. Resolution adopted and upon approval by Mayor assigned No. 1993-616. October 4, 1993 Page 2 DOCUMENTS 101956 - Bob Stevenson, City Planner, reported that Phase III is the continuation of a landscaping plan along the U.S. Highway 218 Corridor. The estimated cost of Phase III was $102,000. Funds for this phase include $20,000 from General Obligation Bond Funds and the remainder a combination of Trees Forever and state funding. Moved by Fox, seconded by Wright that communication from City Planner transmitting Contracts, Bonds and Certificates of Insurance from Earl May Seed and Nursery L.P. of Waterloo, Iowa in the amount of $78,704.00 in conjunction with Windows on Waterloo, Phase III, Landscape Improvement for the Highway 218 Corridor, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-617. 101957 - Eric Thorson, City Engineer, stated that this analysis will provide information for submission for federal funding under the Flood Emergency Funds to construct a pump station. This may allow an opportunity for a permanent pumping station at said location. Moved by Fox, seconded by Wright that communication from City Engineer transmitting agreement with RUST Environment & Infrastructure for interior drainage analysis in conjunction with the Ansborough Avenue watershed, 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, Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-618. 101958 - Deb Collett, Executive Director of the Waterloo Housing Authority, reported that said bids were over the estimated cost by approximately $103,000. Approximately $32,700 has been deleted from the contract and additional HUD grant amendment funds attained in the amount of $45,000. The remaining $24,000 will be absorbed in the Waterloo Housing Authority budget. Moved by Fox, seconded by Wright that communication from Executive Director of Waterloo Housing Authority transmitting Contracts, Bonds and Certificates of Insurance from Beck - Ericson, Inc. of Cedar Falls, Iowa in the amount of $701,263 in conjunction with Construction of 10 houses for the Family Self -Sufficiency Family Public Housing Program, be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-619. RESOLUTIONS TO BE ADOPTED 101959 - Moved by Fox, seconded by Wright that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, approving Statement of Policy governing admission to and continuing occupancy in public housing", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-620. 101960 - Moved by Fox, seconded by Wright that "Resolution by the City Council of the City of Waterloo, Iowa, as the Waterloo Housing Authority, approving amendments to Section 8 Administrative Plan and Admission Policies", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-621. 101961 - Moved by Fox, seconded by Wright that "Resolution accepting State of Iowa Patent No. 4364 for property generally located between Texas Street and I-380/U.S. 218 and extending from Bopp Street north 700.42 feet", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-622. 101962 - Moved by Fox, seconded by Wright that "Resolution accepting State of Iowa Patent No. 4365 for property generally located in Riverview Addition lying 50 feet north of Mitchell Avenue on the west side of Atlanta Street", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-623. October 4, 1993 Page 3 ORDINANCES TO BE ADOPTED 101963 - John Meyer, Public Works Director, reported that said ordinance will allow for a handicapped child to have access to the bus at curbside by prohibiting parking at 226 Cutler Street. Upon adoption of the ordinance, a "no parking zone" sign will be posted at said location. An ordinance will be required to rescind the action and should be done at such time that said individual no longer resides at said location. Moved by Budak, 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 received, placed on file, considered and passed for the first time. Ayes: Five. Absent: Dell, Angel, Motion carried. 101964 - Mayor Manning reported that nine individuals have registered to speak on said ordinance and will be given first priority. Police Chief Koehrsen stated that said ordinance was requested by Iowa Citizens for Community Improvement (ICCI) and other neighborhood associations as a means of empowering neighborhoods to combat drug problems. Said ordinance was modeled after ordinances in Portland, Oregon and Des Moines, Iowa. The Chief stated that said ordinance is an incentive for landlords to require rental agreements, deposits and screening of applicants and to evict bad tenants. It will help good landlords provide safe and orderly housing for their tenants. The intent is not to deprive the owner of his property rights but is part of a comprehensive plan toward community oriented policing and ridding neighborhoods of drug problems. City Attorney Jim Walsh stated that the landlords may have many concerns with this ordinance, but it does allow for a speedy and easy process for them. Moved by Buck, seconded by Wright 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 received, placed on file, considered and passed for the first time. Prior to a vote on the above motion, the following discussion was heard. Mayor Manning asked each presenter to limit their comments to three minutes or less. Ross Blow, 320 Oak Park Circle, provided a progress report on the clean-up of property at 411 Logan Avenue. This problem was brought before the Council several months ago and has not been resolved. He provided pictures that the junk pile has gotten even larger. Mr. Blow stated that said ordinance is asking landlords to do something that is not allowed by the State Code of Iowa, particularly as it relates to the ten day time frame in which a notice should be served to the owner prior to commencement of any judicial action. This is contrary to State Code. He stated this was a very dangerous ordinance for landlords to enforce and stated that a better solution would be to give him a list of the drugees in town who he would not rent to. Doug Ward, 632 W. Mullan Avenue, stated that although he has been a landlord only a very short time, he has a problem with someone making decisions who does not have any experience at landlording. He asked that the Council revise the ordinance before adoption. Gary Otting, attorney who manages the regional office of Legal Service Corp of Iowa, stated that this ordinance would adversely affect low-income clients and innocent persons who cannot protect themselves. He questioned the portion of the ordinance that allows a police officer to observe increased pedestrian traffic in and around the structure to deem a structure as a specified crime property. He suggested that drug dealing needs to be addressed but should be done in some other manner besides through landlords. Chief Koehrsen clarified that the literal interpretation of the ordinance should be supplemented with common sense in that police officers would supplement all information with felony convictions, arrests and other concrete evidence to suspect illegal activity within a structure. The ordinance was designed to make our city less attractive to drug dealers. The Chief stated that by banning together, neighborhoods can assist in solving the drug problems. Mr. Walsh stated that the ordinance could be revised if problems exist with its enforcement. Councilperson Lemke stated that it is the City's intent to be fair, and that we must do more than we are doing to fight the drug problem. October 4, 1993 Page 4 Ordinances to be Adopted - continued Kim Henny, 514 Longfellow and Vice President of Landlords of Iowa, stated that Iowa Code 562A provides specific reasons that tenants can be evicted and questioned the ten days provision to evict a tenant. She stated that landlords are being asked to incur the cost of an action that will eventually not stand up in court. Chief Koehrsen noted that said ordinance has been in effect for one year in Des Moines and pledged the department's support in assisting landlords. Ms. Henny questioned why the Landlord Association had not been involved in the ordinance's development. She stated that one meeting had been held with the Iowa Citizens for Community Improvement but questions remained after that meeting that have not yet been addressed. The Mayor noted that sufficient votes do not exist for suspending the rules and recommended that both groups meet and rewrite those portions of the ordinance that are in conflict. Councilperson Budak reminded the audience that the ordinance was designed to convict drug dealers. Val Martin, representing Martin Realtors and a member of the Landlords of Iowa, acknowledged the existence of a drug problem within the city but asked that the ordinance be revamped. She stated that state laws already exist to get drugs out of our community. Councilperson Lemke stated that said ordinance would be another tool in the fight against drugs. Chief Koehrsen clarified that state law does not allow forfeiture of real property. Alan Brase, 418 Walnut Street, noted that he lives within a few blocks of four of his rental units. He stated that the ordinance as it exists has too many flaws. At an earlier meeting with Iowa CCI, he was assured that modifications would be made to the ordinance, but none have been made. He suggested that a specific change be made in the due process clause. Sandy Schwickerath, 825 West Third Street, agreed with the previous speakers, and favored the elimination of drug dealers. She questioned why landlords would have to deal with the problem and not other businesses that accommodate drug dealers, such as grocery stores, etc. Cynthia Golden, who had previously registered to appear before the Council, was absent. John Woods, 126 Leland Avenue, reported that he had been informed that follow-up meetings would be held with Iowa CCI, and that amendments could be made to the ordinance. No such follow-up meetings were held. He questioned the definition of "abatement" and the time frames which landlords were required to act upon notification by the police. Jim Walsh, stated that the ordinance requires initial processing of the notice within ten days. Chief Koehrsen suggested that all concerned parties meet in the large conference room on the second floor of City Hall on Thursday, October 7, 1993 at 9:00 a.m. The Mayor called for additional comments from the public. Patricia Saffold, 504 Ankeny Street, stated that as a staff member of Iowa Citizens for Community Improvement, she believed in what the ordinance would do for neighborhoods, and that she has personal experience in dealing with neighborhoods and people who reside there. She stated that many have worked hard on this ordinance and believed that it will assist in arresting the drug problem in the community. Deb Sieck, 110 Locust Street and a member of Locust/Conger Neighborhood Association, related an incident where a drug dealer moved into her neighborhood. The neighborhood notified the Tri County Drug Task Force and thought that the tenants would be evicted. Even after the residence was busted, the tenants remained. Only after the neighborhood called a media event, did the drug dealers move out of the neighborhood. The moral of this experience is that drug activity can continue for quite some time, inducing the eventual decline of the neighborhood. She supported adoption of the ordinance. John Harrington, 1855 Downing Avenue and a member of the Iowa CCI, supported the ordinance. A representative of the Tri State Process Servers, stated that drugs are a problem in all parts of town, and that the eviction process as laid out in the ordinance is contrary to State Code. He questioned what constitutes "reasonable belief" and whether the Chief would appear in person in court. The Chief responded that most of the time, the process will not proceed to the conviction stage. Kathy Oberle, 1101 Western Avenue, urged the passage of the ordinance as the City has a big drug problem. She was concerned with some provisions of the ordinance and questioned whether the City would be responsible for paying or in representing landlords in court. She urged that the City become friends with the landlords and to declare "no more drugs in Waterloo." Norris Sisk, 2261 Plain View Street, supported the adoption of the ordinance, and that it is everyone's responsibility to address the drug problem. A citizen urged that the Council empower the people to address the drug problem. October 4, 1993 Page 5 Ordinances to be Adopted - continued Karen Keefe, 334 Prospect Avenue, supported the landlords in their efforts and the adoption of the ordinance. Deb Saffold again reminded the Council that many had worked on this ordinance for many months, and that citizens should be given the power to address the problem. She supported the landlords in their efforts. Karen Atwood, 902 West 8th Street, a member of the Leavitt/Conger Neighborhood Association and Past President of the Landlords of Black Hawk County, stated that she had only found out about this proposed ordinance in yesterday's edition of the Waterloo Courier. She stated that this ordinance should have received input from all parties. Moved by Buck, seconded by Fox 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 for one week. Ayes: Five. Absent: Dell, Angel. Motion carried. 101965 - Moved by Buck, seconded by Fox 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 first time. Ayes: Five. Absent: Dell, Angel. Motion carried. BILLS PAYMENT 101966 - Moved by Buck, seconded by Wright that "Resolution approving Schedule A918, pp. 1-56, dated October 4, 1993, in the amount of $1,180,988.81, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-624. NEW BUSINESS 101967 Moved by Fox, seconded by Buck that "Resolution authorizing commencement process of selection of Fire Chief and Clerk/Auditor and directing the Personnel Director to develop process and time line for said selection", be adopted. Prior to a vote on the above resolution, the following discussion was heard. Councilperson Fox urged the Council to approve the process for the selection of Fire Chief and Clerk/Auditor. It was his intent that selection should not be made prior to January 1, and who ever becomes mayor can appoint from the list. Regardless, it will take approximately four to six weeks to complete the process, well after the election. He stated that he had talked to four of the six mayoral candidates who agreed with this time line. Councilperson Wright stated that she agreed with the proposed time line. Councilperson Lemke stated that he has no problem with the process for the Fire Chief; however, selection of a Clerk/Auditor would preempt any future discussion on the creation of an Administrative Services Division. Councilperson Fox responded that this process would not discount the possibility of an Administrative Services Division, but with the budget at hand, the process should begin. The new administration could make changes as necessary. Mayor Manning urged the Council to wait with the process until after the election. There would still be adequate time to make an appointment and would allow for the new mayor and council to have a say in the process. Councilperson Budak suggested that the process be delayed until after the election. Vernon Weems, 637 Independence Avenue, provided his proposed reorganization structure should he be elected mayor. The proposed process would not coincide with his plans as presented. Mayor Manning informed Mr. Weems that future campaign speeches would not be allowed at the podium. Brian Timmerman, 1635 Patton Avenue, stated that he was disappointed with the Mayor and his inaction dealing with these vacancies. He also suggested that we strongly look at out-of-town candidates for said positions. Mayor Manning defended his intention to have a list by January 1, and that advertisement for the positions would include seeking outside candidates. October 4, 1993 Page 6 New Business - continued Kathy Oberle, 1101 Western Avenue, urged the Council to wait until after the election to begin the process. She stated that some may be looking at the creation of a Public Safety Division and also suggested to Councilperson Fox that such an issue could not be resolved over the telephone with mayoral candidates. Tom Powers, President of Local 66, supported commencement of the process of hiring a Fire Chief. A vote was taken on the above motion, with the following result: Ayes: Five. Absent: Dell, Angel. Resolution adopted and upon approval by Mayor assigned No. 1993-625. Travel Requests 101968 - Moved by Budak, seconded by Lemke that the following travel requests, with expenses not to exceed amount shown, be received, placed on file, and approved: 1. Keith Smith, Police Investigator, to attend Palm Print Symposium in Elyria, Ohio on October 4-16, 1993, with costs not to exceed $1,036.46. 2. Steve Bagenstos, Police Identification Officer, to attend Practical Crime Scene Techniques in Cedar Rapids, Iowa on October 14-15, 1993, with costs not to exceed $225.00. 3. Rich Earles, Associate Planner, to attend Iowa Economic Development Finance Professional Certification Program - ED 202 Real Estate Finance in Des Moines, Iowa on November 15-19, 1993, with costs not to exceed $1,031.00, including the use of city vehicle. Ayes: Five. Absent: Dell, Angel. Motion carried. MISCELLANEOUS 101969 - Moved by Budak, seconded by Lemke that the following beer license application be received,, placed on file and approved and endorsed application forwarded to the Iowa Liquor Control Department: 1. Beer License Permit Application Class C Goose Creek Auto, 2424 Ranchero Road (Renewal) (Expires 11/1/94) (Includes Sunday Sales) Ayes: Five. Absent: Dell, Angel. Motion carried. BONDS 101970 - Moved by Wright, seconded by Buck that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through October 4, 1993, be received, placed on file and report and bonds approved. Ayes: Five. Absent: Dell, Angel. Motion carried. ORAL PRESENTATIONS 101971 - Brian Timmerman, 1635 Patton Avenue, asked that the Council consider replacing Mitchell Avenue to provide access to the sand pit area asit provides a great fishing opportunity. Councilperson Fox stated that the Council had conducted a work session earlier in the evening to discuss possible solutions to the area. Those recommendations included: 1) Leaving the gates open during the day to provide access for sportsmen, 2) The area will be closed in the evening pursuant to the curfew, 3) Encourage concerned residents to form a neighborhood association to take ownership and pride in the area, and 4) Repair Mitchell Avenue to separate the two lakes. James Robison, 1555 Newell Street, questioned whether the "crack house ordinance" (see CR 101964) will apply to businesses as well as residential structures. City Attorney Jim Walsh stated that businesses are not currently included. Mr. Robison questioned why this was not considered. Mr. Robison displayed a computer printout containing the numerous calls that have been made to Goodies II located next to his mother's house. Moved by Budak, seconded by Buck that the Council adjourn. A vote was not taken on above motion. October 4, 1993 Page 7 Oral Presentations - continued City Attorney Walsh suggested that Mr. Robison appear at the public forum scheduled for Thursday, October 7, 1993 at 9:00 a.m. in the large conference room to discuss the ordinance. Lloyd Bullock, 3849 Sager Avenue, asked that the stormwater run off Sager from Greenhill and Progress Avenues be looked at. During heavy excessive water ponds in his front yard. Councilperson Wright questioned whether the City would be instituting pick up. John Meyer, Public Works Director, stated that a fall leaf budgeted, and that the Public Works Committee will be reviewing the several weeks. problem on rainstorms, a fall leaf pick up is program in Moved by Buck, seconded by Wright that the above oral comments be received, placed on file and the Council at 9:17 p.m. Ayes: Five. Absent: Dell, Angel. Motion carried. Michelle Temeyer Acting City Clerk/Auditor adjourn