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HomeMy WebLinkAbout09/27/93September 27, 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, September 27, 1993. Mayor Albert C. Manning, Jr. in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Lemke. Invocation by: Councilperson Dave Buck Pledge of Allegiance: Girl Scout Troop 67 from St. 101910 - Moved by Buck, seconded by Wright that the Agenda, as proposed, for the 1993, at 7:00 p.m., and the Minutes of 20, 1993, at 7:00 p.m., be accepted and Mayor Al Manning read a proclamation Awareness Month. Edwards Regular Session on Monday, September 27, the Regular Session on Monday, September approved. Ayes: Seven. Motion carried. declaring October as Domestic Violence Mayor Al Manning read a proclamation declaring the week of October 3-9, 1993 as Fire Prevention Week. It was noted that the YMCA of Black Hawk County was celebrating its 125th Anniversary. HEARINGS 101911 - Moved by Dell, seconded by Angel that proof of publication of notice of public hearing on amendments to Zoning Ordinance, Ordinance No. 2479, as amended, as it pertains to the adult entertainment provisions, as published in the Waterloo Courier on September 13, 1993, be received and placed on file. Ayes: Seven. Motion carried. 101912 HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Bob Stevenson, City Planner, stated that staff is recommending a change in the existing adult entertainment ordinance as it relates to the number of times adult entertainment can be allowed on a premise. The number of times adult entertainment is allowed at an establishment has been established by staff policy. The proposed ordinance change would allow businesses to conduct adult entertainment no more than one day and nor more than three times during a calendar year. At its hearing, the Planning, Programming and Zoning Commission heard opposition to the amendment and unanimously recommended denial of the amendment. Pat Schlindwein, former owner of the Zodiac, spoke in opposition of the ordinance and urged the Council's denial of the ordinance. Bob Chuick, 501 Olympic Drive, also questioned how such an ordinance could be policed. Mr. Stevenson noted this ordinance would also apply to private parties and stags. Moved by Dell, seconded by Angel 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: Seven. Motion carried. 101913 - Moved by Budak, seconded by Wright that proof Ordinance, Ordinance, and placed of publication of notice of public hearing on amendments to Zoning Ordinance No. 2479, as it pertains to the administration of the Zoning as published in the Waterloo Courier on September 13, 1993, be received on file. Ayes: Seven. Motion carried. 101914 - 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, stated that the proposed ordinance would change the enforcement and administration of the Zoning Ordinance from the Building Official to the City Planner. This ordinance has been developed in conjunction with Building Department staff and the Planning Commission who unanimously recommended approval of the ordinance change. Moved by Buck, seconded by Fox that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral comments be received and placed on file. Ayes: Seven. Motion carried. 101915 - Moved by Fox, seconded by Dell that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, as it pertains to the administration of the Zoning Ordinance", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. September 27, 1993 Hearings - continued Page 2 101916 - Moved by Dell, seconded by Angel that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 101917 - Moved by Buck, 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: Seven. Motion carried. 101918 Moved by Angel, seconded by Dell that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, as it pertains to the administration of the Zoning Ordinance", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3973. 101919 - Moved by Wright, seconded by Dell that proof of publication of notice of public hearing on request of Steve Terhune to sell and convey property generally located between 2909 Lafayette Street and Blowers Creek for $800.00, as published in the Waterloo Courier on September 13, 1993, be received and placed on file. Ayes: Seven. Motion carried. 101920 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Moved by Budak, seconded by Lemke that the hearing be closed and oral comments be received and placed on file. Ayes: Seven. Motion carried. 101921 - Moved by Angel, seconded by Dell that "Resolution authorizing sale and conveyance of property generally located between 2909 Lafayette Street and Blowers Creek to Steve Terhune for $800.00", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-602. PETITIONS FROM PUBLIC 101922 - Moved by Fox, seconded by Angel that communication from City Engineer transmitting request of Jose C. Aguiar for a concrete driveway to be located at 504 Maryland Avenue, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-603. REPORTS 101923 - Moved by Fox, seconded by Angel that communication from Deputy Clerk/Auditor transmitting Fiscal Year 1993 Financial Report to be filed with the Auditor of the State of Iowa, be received, placed on file and "Resolution approving said report", be adopted and Acting Clerk/Auditor authorized to submit same to State Auditor. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-604. 101924 - Moved by Fox, seconded by Angel that communication from Deputy Clerk/Auditor transmitting Fiscal Year 1993 Street Finance Report, Road Use Tax Fund, be received, placed on file and "Resolution approving said report", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-605. DOCUMENTS 101925 - Moved by Fox, seconded by Angel that communication from Assistant City Engineer transmitting Contracts, Bonds and Certificates of Insurance from K & W Electric of Cedar Falls, Iowa in the amount of $184,351.00, in conjunction with F.Y. 1994 Water Pollution Control Facility, Contract No. 460, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Acting Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted Ad upon approval by Mayor assigr " No. 1993-606. September 27, 1993 Page`3 Documents - continued 101926 - Moved by Fox, seconded by Angel that communication from Executive Director of Waterloo Housing Authority transmitting Change Order No. 4 for a net increase of $2,700.00 for work to be completed by Kayser Construction in conjunction with Window Replacement at Ridgeway Towers be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 101927 - Moved by Fox, seconded by Angel that communication from Executive Director of Waterloo Housing Authority transmitting Change Order No. 1 for a net increase of $10,074.00 for work to be completed by Iowa Falls Roofing in conjunction with Roof Replacement at Ridgeway Towers be received, placed on file and approved and Mayor authorized to execute same. Ayes: Seven. Motion carried. 101928 - Moved by Fox, seconded by Angel that communication from Acting Clerk/Auditor transmitting request of MET Transit to guarantee an operating loan in the amount of $100,000.00, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-607. RESOLUTIONS TO BE ADOPTED 101929 Moved by Budak, seconded by Dell that "Resolution authorizing the City of Waterloo to act as certifying agent for purposes of cable rate regulations", be adopted. Prior to a vote on the above resolution, the following discussion was heard: Councilperson Buck questioned the proposed resolution and the additional legal and staff time that would be necessary to regulate basic cable rates. Michelle Temeyer, Acting Clerk/Auditor, stated that the Cable Commission recommended that the Council authorize the submission of a certification form allowing the City of Waterloo to regulate basic cable rates. Jim Walsh, City Attorney, stated that the new cable act allows cities to regulate basic cable, but if the application is denied by the Federal Communications Commission, regulation becomes the responsibility of the FCC. He noted that the City will be taking on a large regulatory burden. It was noted that surrounding cities could work together in regulating cable, particularly in those instances with the same cable operator. He also noted that there is no guarantee of lower rates, since the bench mark has been established by the company. There could be considerable argument on whether cable rates would be lower if regulated by the City rather than the FCC. Chuck Angel, Chairperson of the Cable Commission, reported that the cable act gives the Cable Commission authority to regulate and urged the Council's adoption of the resolution. He noted that the City should take a strong and active role and not allow a federal agency to regulate local cable rates. Councilperson Buck stated that this is one opportunity where the City of Waterloo can say "no" and not pay for the added burden of this responsibility. Councilperson Angel noted that not all of the cable fees are being used by the Commission and could be utilized for rate regulation. It was noted that should the City decide the FCC could regulate in lieu thereof. City Attorney Walsh noted that legal fees to take on the added regulatory responsi Councilperson Dell spoke in support of uncomfortable with the relationship that citizens. Following discussion, a vote was taken result: Ayes: Six. Nays: Buck. Resolution adopted and upon approval by ORDINANCES TO BE ADOPTED 101930 - Moved by Budak, seconded by Lemke to relinquish its regulatory authority, are not currently budgeted in his budget bility. the regulations since he has felt very has existed between the company and our on the above motion with the following Mayor assigned No. 1993-608. that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 48 to Section 2A -7N Conditional Rezoning Certain Property --Jim Blackledge, agent for Restaurant Group, Inc.", be received, placed on file, considered and passed for the third time. Ayes: Seven. Motion carried. September 27, 1993 Page 4 Ordinances to be Adopted - continued 101931 - Moved by Angel, seconded by Fox that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 48 to Section 2A -7N Conditional Rezoning Certain Property", be adopted. Prior to a vote on this ordinance, the following discussion was heard. Don Temeyer, Planning and Development Director, noted that Arby's has indicated their intent to sign an agreement to assume their fair share of the cost of traffic signalization at the intersection of Kimball and Brookeridge Avenues. Not all of the four adjacent property owners to the intersection have agreed to pay their fair share, but staff will continue to work with them on their participation. State participation is still questionable. Dean Dalrymple questioned the relationship of the zoning to the agreement for signalization. Mr. Temeyer explained that the petition and waiver form of agreement waives their right to object at a public hearing on the assessment procedures. If the adjoining property owners do not agree to the program, the petition and waiver form will be null and void. Mr. Temeyer stated that the ordinance should not be recorded until the petition and waiver form has been signed by Arby's. A vote was taken on the above motion, with the following result: Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3974. 101932 - Moved by Fox, seconded by Dell that "an Ordinance vacating a portion of King Drive --Covenant Medical Center", be received, placed on file, considered and passed for the ,second time. Ayes: Seven. Motion carried. 101933 - Moved by Dell, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 101934 - Moved by Fox, seconded by Wright that the following ordinance be recorded as having been considered and passed for the third time and now placed on its final adoption. Ayes: Seven. Motion carried. 101935 - Moved by Angel, seconded by Dell that "an Ordinance vacating a portion of King Drive", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3975. 101936 - Moved by Fox, seconded by Angel that "Resolution authorizing sale and conveyance of a portion of King Drive to Covenant Medical Center for $10,400.00", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1993-609. BILLS PAYMENT 101937 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-65, dated September 27, 1993, in the amount of $1,583,041.35, copies of which are on file in the Clerk/Auditor's office", be adopted. Ayes: Six. Abstain: Buck. Resolution adopted and upon approval by Mayor assigned No. 1993-610. NEW BUSINESS 101938 - Moved by Budak, seconded by Lemke that communication from Mayor Al Manning transmitting recommendation of reappointment of Robert Petersen to the Airport Commission, with term expiration date of September 17, 1999, be received, placed on file and approved. Ayes: Seven. Motion carried. 101939 - Moved by Budak, seconded by Lemke that communication from Acting Fire Chief requesting authorization to recall fire fighter from seniority list, as approved by the Human Resources Committee, be received, placed on file and approved. Ayes: Seven. Motion carried. September 27, 1993 New Business - continued 101940 - Moved by Budak, seconded by Lemke Page 5 that communication from Mayor Al Manning transmitting recommendation of reappointment of Sue Pearson and Bob Stevenson to the Historic Preservation Commission, with term expiration date of April 7, 1996, be received, placed on file and approved. Ayes: Seven. Motion carried. 101941 - Moved by Budak, seconded by Lemke that communication from Mayor Al Manning transmitting recommendation of appointment of Kendal East Mitchell to the Historic Preservation Commission, with term expiration date of April 7, 1995, be received, placed on file and approved. Ayes: Seven. Motion carried. Travel Requests 101942 - Moved by Budak, seconded by Lemke that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Mark Langenwalter, Police Sergeant, to attend Advanced Investigators School in Kansas City, Missouri on October 4-6, 1993, with costs not to exceed $385.00, including the use of city vehicle. Ayes: Seven. Motion carried. MISCELLANEOUS 101943 - Moved by Budak, 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 Liquor Control Department and application for pawnbroker's license be received, placed on file and approved: 1. Beer License Permit Application Class B Gates Park, 820 E. Donald Street (Renewal) (Expires 10/4/94) (Includes Sunday Sales) Metro 66, 821 Broadway (Renewal) (Expires 10/31/94) (Includes Sunday Sales) 2. Beer/Liquor License Permit Application Class C The Dispensary, 3122 Kimball Avenue (Renewal) (Expires 10/1/94) (Includes Sunday Sales) Cadillac Bowling Lanes, Inc., 650 LaPorte Road (Renewal) (Expires 10/5/94) (Includes Sunday Sales) Ka -Boo's, 324 West 4th Street (New) (Expires 10/1/94) (Includes Sunday Sales) Application for Pawnbroker's License East 4th Street Pawn Shop, 617 East 4th Street Ayes: Seven. Motion carried. BONDS 101944 - Moved by Wright, seconded by Dell that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through September 27, 1993, be received, placed on file and report and bonds approved. Ayes: Seven. Motion carried. ORAL PRESENTATIONS 101945 - Councilperson Angel applauded the work of the Public Works Department in filling pot holes and also noted that the University Avenue frontage road near McDonalds has been completed. Vernon Weems, 637 Independence Avenue, spoke to the law suit he recently filed with the City of Waterloo which asked that the City bid the golf pro contracts to allow minority participation. He asked that the Council reopen the contracts and allow everyone to bid, including minorities. He stated that he objected to the current process because the City needs the money, and that he would anticipate many to bid on the contracts. He asked that the City Council correct its error, and that he would be willing to drop the law suit if the process were opened up. He noted that it was not a campaign tactic and took offense to the City Attorney's comment that filing a law suit was a "non-traditional campaigning technique." Such a procedure is contrary to public policy. September 27, 1993 Page 6 Oral Presentations - continued Paula Schuler, 1152 Columbia Street, noted that her two year old son had been attacked by the neighbor's dog on the evening of Thursday, September 23, 1993. The Animal Control Department attempted to contact the neighbor on Friday and today but have been unsuccessful. She noted her frustration with the lack of response by the department and questioned what would happen if the dog were dangerous or had rabies. Chief Koehrsen noted that the Police Department is authorized to destroy a dangerous dog, if necessary. John Meyer, Public works Director, noted that the Animal Control budget has been cut by 1M personnel. One officer remains who works between 8:00 a.m. and 5:00 p.m., weekdays. The Animal Control budget does not allow for overtime or callback. Councilperson Buck suggested that she present a petition to the Clerk/Auditor which would then be presented to City Council to deem the dog dangerous. Mr. Meyer stated that this incident will be investigated and be given high priority. L. C. Hennessey, 558 Montero Drive, again complained about the National Cattle Congress and its financial position. Councilperson Dell noted that even with the unseasonably cool and rainy weather, attendance at the City pools increased during 1993 as compared with previous years. Councilperson Wright noted the marked improvement at the intersection of East llth and Franklin Streets. American Automotive now occupies the corner and has improved it greatly. Moved by Budak, seconded by Buck that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 101946 - City Attorney Walsh stated that pending litigation is an approved topic of Executive Session as authorized by Iowa Code Section 21.5(c). Moved by Budak, seconded by Buck that the Council adjourn to Executive Session. Ayes: Seven. Motion carried. EXECUTIVESESSION 101947 - Moved by Budak, seconded by Lemke that the Council adjourn the Executive Session. Ayes: Seven. Motion carried. ADJOURNMENT 101948 - Moved by Wright, seconded by Angel that the Council adjourn at 8:38 p.m. Ayes: Seven. Motion carried. Michelle Temeyer Acting Clerk/Auditor