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HomeMy WebLinkAbout05/15/95May 15, 1995 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, May 15, 1995. Mayor John R. Rooff in the Chair. Roll Call: Anders, Jordan, Murphy, Getty, Krizek, Collier, Mollenhoff. Invocation by: Reverend Andrea Bishop, Jubilee United Methodist Church Pledge of Allegiance: City Attorney Jim Walsh Recognition of Week: Target, Dave Fisher, Manager 104804 - Mollenhoff/Jordan that the Agenda, as amended, for the Regular Session on Monday, May 15, 1995 at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. 104805 - Jordan/Murphy that the Minutes, as proposed, for the Regular Session on Monday, May 8, 1995 at 7:00 p.m., be accepted and approved. Ayes: Seven. Motion carried. Mayor Rooff read a Proclamation declaring May 14-20, 1995 as Emergency Medical Services Week. Mayor Rooff read a Proclamation declaring May 14-20, 1995 as National Police Week. Mayor Rooff read a Proclamation declaring May 14-20, 1995 as National Preservation Week. HEARINGS 104806 - Mollenhoff/Collier that proof of publication of notice of public hearing on request of Carol Ennenga to sell and convey for $1.00 and other valuable consideration, a small cream and red trailer (approximate size 6' x 10') and a medium size silver Valiant trailer (approximate size 10' x 40') currently located on city owned property at 1143 Mendota to move to Dick's Auto Salvage Yard on Hawthorne Avenue, as published in the Waterloo Courier on May 9, 1995, be received and placed on file. Ayes: Seven. Motion carried. 104807 HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Murphy/Jordan that the hearing be closed. Ayes: Seven. Motion carried. 104808 - Mollenhoff/Collier that "Resolution authorizing sale and conveyance", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-291. UNFINISHED BUSINESS 104809 - Anders/Mollenhoff that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 16-12, Rubbish and Trash Near Buildings, or in Cellars or Alleys Prohibited; May be Abated as a Nuisance; Open Burning Prohibited, of Chapter 16, Garbage and Refuse; and by enacting in lieu thereof a new Section 16-12, Rubbish and Trash Near Building, or in Cellars or Alleys Prohibited; May be Abated as a Nuisance; Open Burning Prohibited, of Chapter 16, Garbage and Refuse (allowing burning of yard waste)", be tabled to June 19, 1995. Prior to a vote on the above motion, the following discussion was heard. Mayor Rooff asked for discussion. Councilperson Getty stated that he disagrees with the motion to table and he requested that the item be rescheduled for a time when the whole council is present. He would be unable to attend the meeting on June 19th. Councilperson Jordan expressed his desire to take the issue to a vote for the first reading and not delay it further. Councilperson Collier agreed with the sentiment expressed by Councilperson Jordan. Following discussion a vote was taken on the above motion with the following result: Ayes: Three. Nays: Jordan, Murphy, Getty, Collier. Motion not carried. May 15, 1995 Unfinished Business - continued 104810 - Jordan/Murphy Page 2 that "an Ordinance amending the 1993 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 16-12, Rubbish and Trash Near Buildings, or in Cellars or Alleys Prohibited; May be Abated as a Nuisance; Open Burning Prohibited, of Chapter 16, Garbage and Refuse; and by enacting in lieu thereof a new Section 16-12, Rubbish and Trash Near Building, or in Cellars or Alleys Prohibited; May be Abated as a Nuisance; Open Burning Prohibited, of Chapter 16, Garbage and Refuse (allowing burning of yard waste)", 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 Rooff asked for reports from Councilmembers on citizen input about this issue. Councilperson Anders reported that he had received twenty-five calls, nineteen of which were opposed to burning. Anders stated that those in opposition were very committed to this position generally due to health problems. Councilperson Collier received numerous calls and approximately fifty were in favor of burning. Councilperson Murphy stated that there were twenty-nine phone calls from his ward and only five were opposed to burning. Councilperson Getty received a majority of phone calls in favor of burning, but he also received letters of opposition, one of which was from the Black Hawk County Health Department. He stated that many people already have mulching mowers and compost yard waste. There is a need to burn twigs and branches. The majority of calls received by Councilperson Krizek in the fifth ward were opposed to burning. Residents, especially the elderly, are concerned about the cost of the yard waste bags but for health reasons oppose burning. She suggested the leaf de -bagger might be a viable alternative to burning, if yard waste was picked up in plastic bags with tags on them for a reduced cost. Councilperson Mollenhoff stated that the calls he received are running seventy percent opposed to burning and thirty percent in favor; however, most were unhappy with the need for additional government regulation. Councilperson Jordan stated for the record that he requested this item be placed on the agenda in response to the number of requests he received from his constituents. Jordan believes that if burning is done properly there won't be a smog or pollution hazard to contend with. Mayor Rooff read several written letters of objection and support that had been received by his office and several councilpersons. Letters of support were received from Cheryl Christiansen and Randy Reeves. Letters of objection to burning of yard waste were received from Ronald Lepsch, Margaret Loveland, Matt Hobson, the Black Hawk County Board of Health and John Meyer. Mayor Rooff opened the discussion to public participation at this time. Steven Hasenour, 904 Hammond, reported he had spoken to this issue before and stated his opposition to burning as an issue; however, he stated that there shouldn't be a law against it. Residents should use mulching as a method of removal by mowing over the leaves until they are in fine pieces. Burning of twigs should be allowed as they burn more efficiently. Pierre Denault, 205 Lovejoy, stated he was surprised that the letters in favor were read in full but the letters of opposition were summarized. He reviewed Dr. Loveland's credentials for the Mayor and Council and stated that these credentials should lend credibility to her letter of opposition. Many members of the community have diminished lung capacity and are placed at risk if open burning is allowed. Forest Dillavou, 1725 Huntington Rd, explained that he is in favor of burning and believes it will eliminate illegal dumping by the roadside. Dick McKelvie, 400 E. Arlington, stated that residents should be allowed to burn, especially twigs and branches that have fallen during storms. Loretta and Arthur Boettcher, 803 Midland, stated that burning should be allowed for twigs and brush because they are difficult to bundle and remove. Dr. Richard Winegarden, 604 Campbell, expressed his opinion that burning may be cheaper, but persons with respiratory problems are unable to function if burning is allowed. The council's judgement should say no to burning because health is more important than convenience on this issue. P. Kenneth Joyce, 3807 Hazelwood Lane, feels leaf burning isn't a problem but the retirement park where they live has a large amount of limbs which need to be cleaned up. Brush caused by windstorms is a problem that needs to be addressed. He suggested that only brush be burned and it should be done on a permit system. Minnesota has established a permit system and it seems to work very well. May 15, 1995 Page 3 Unfinished Business - continued Elaine Jacquith, 810 Cornwall Ave, informed the Council that she addressed this issue last year and the year before. She provided information from the American Lung Association's Bag 'Em -- Don't Burn 'Em report. She stated that the concerns of economics and convenience shouldn't take precedence over health, safety and the environment on this issue. She reminded the council that the American with Disabilities Act requires state and local governments to modify public policy when such policy prevents equal access to public areas by persons with disabilities. Any citizen handicapped with a breathing disorder can bring a complaint against the City. She is willing to be the first citizen to bring such a complaint. Bernard Musch, 2931 Hackberry Lane, thinks it is ridiculous not to have open burning and he enjoys the smell of burning leaves. Marlene Krueger, 1663 Hyperion Drive, informed the council that she has breathing problems and likes to walk or ride her bike for exercise. If she is riding her bike through smoke it instantly triggers an asthma attack. She opposes a return to burning and states that mulching and composting can work as an alternative. Jim Porter, 1322 Northey Street, finds it amazing that the council would deal with this issue year after year. He feels that burning leaves doesn't pollute the air any more than the exhaust from semi -trucks using diesel fuel. He recommends setting a short period of time for burning instead of extending it over a number of weeks so that those with breathing difficulties are affected for a short period of time. Thomas Anderson, 404 Wendell Court, stated that he has a lawn service business and employs many young people to rake and bundle twigs. Many people refused to pay for yard waste bags or hauling fees so he has stopped bagging and hauling yard waste to the dump because of the cost. Residents don't like having to cut limbs to a specific size and then wrapping them in bags for pickup. There should be burning allowed to stop illegal dumping. Jan Schumaker, Hawkeye Community College, stated that this issue had already been fought and won and shouldn't be addressed again. He stated that he represents Waterloo as a progressive community because of this issue. This law should take into consideration the air quality which will affect persons with disabilities. He asked the council to think about the importance of air quality for persons of all ages. The elderly are greatly impacted by this decision. Krizek/Collier that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 104811 - Following discussion a vote was taken on the motion to receive, file consider and pass for the first time with the following result. Ayes: Four. Nays: Anders, Krizek, Mollenhoff. Motion carried. 104812 - Getty/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Four. Nays: Anders, Krizek, Mollenhoff. Motion not carried. PETITIONS FROM PUBLIC 104813 - Krizek/Murphy that communication from City Engineer transmitting request of Mildred I. Boyenga for a waiver for a concrete driveway to be located at 1427 Patton 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. 1995-292. 104814 - Getty/Murphy that communication from City Clerk transmitting request of John Deere Engine Works for an exception to burning of yard waste to burn approximately one acre of prairie grass on property located at the east end of the factory, south and north side of parking lot, be received, placed on file and approved. Ayes: Six. Nays: Anders. Motion carried. 104815 - Krizek/Collier that communication from City Planner transmitting request of Robert Wright to rezone from "C-1" Commercial District to "C -Z" Conditional Zoning property located at 2121 Falls Avenue to service and repair motorcycles within the existing 40' X 50' building, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as June 5, 1995 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-293. May 15, 1995 DOCUMENTS Page 4 104816 - Jordan/Murphy that communication from City Attorney transmitting a Consent Decree with the State of Iowa in conjunction with wastewater treatment plant violations be received, placed on file and "Resolution approving said consent decree", be adopted and Mayor and City Attorney authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-294. 104817 - Krizek/Jordan that communication from Superintendent of Traffic Operations transmitting Contracts and Bonds in the amount of $42,404.26 from Brown Traffic Products of Davenport, Iowa in conjunction with F.Y. 1995 Mullan Avenue Interconnect - Subsystem "0", Contract No. 404, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-295. 104818 - Murphy/Mollenhoff that communication from City Planner transmitting Contracts, Bonds and Certificates of Insurance in the amount of $26,520.00 from Lehman Trucking & Excavating of Waterloo, Iowa in conjunction with Demolition Contract CC B -95(D) (1304 Lafayette Street and 724 Sycamore Street), be received, placed on file and "Resolution approving said documents", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-296. 104819 - Mollenhoff/Collier that communication from Assistant City Engineer transmitting Construction Plans for paving, storm sewer and sanitary sewerage facilities for Anderson's First Addition (Mirage Ridge), as submitted by Schenk Engineering Company, and Sewage Treatment Agreement DNR Form 29 (Dec. '66), together with recommendation of approval subject to review and acceptance by the Department of Natural Resources (DNR), be received, placed on file and "Resolution approving said documents", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted 'and upon approval by Mayor assigned No. 1995-297. 104820 - Collier/Jordan that communication from Superintendent of Streets/Sanitation transmitting a Leaf Debagger Agreement with the City of Cedar Falls, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and City Clerk authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-298. RESOLUTIONS TO BE ADOPTED 104821 - Krizek/Jordan that "Resolution setting the date of hearing as May 22, 1995 at 7:00 p.m. in the City Hall Council Chambers on the Facilities Plan for the Wastewater System Facilities Improvements", be adopted and City Clerk instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-299. 104822 - Mollenhoff/Murphy that "Resolution approving and accepting a Warranty Deed from Freddie L. and Esther L. Epps for property located at 414-418 East 7th Street", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-300. 104823 - Jordan/Mollenhoff that "Resolution dedicating and accepting a permanent utility easement generally located between W. llth Street and vacated Union Street, on the southerly side of Lafayette Street to relocate a gas line", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-301. 104824 - Getty/Collier that "Resolution temporarily changing Sycamore Street from its intersection with East First Street through its intersection with East Third Street to two-way traffic during My Waterloo Days Parade on June 2, 1995 from 5:30 p.m to 8:30 p.m.", be adopted. Ayes: Seven. Resolution adoptec''°sid upon approval by Mayor assiaNo. 1995-302. May 15, 1995 ORDINANCES TO BE ADOPTED 104825 - Krizek/Collier Page 5 that "an Ordinance vacating the right-of-way generally located along the southerly 1/2 of W. 20th Street and the alley located between W. 20th Street and W. 21st Street", be received, placed on file, considered and passed for the second time. Ayes: Seven. Motion carried. 104826 - Getty/Collier that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 104827 - Collier/Murphy 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. 104828 - Collier/Mollenhoff that "an Ordinance vacating the right-of-way generally located along the southerly 1/2 of W. 20th Street and the alley located between W. 20th Street and W. 21st Street", be adopted. Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 4095. 104829 - Krizek/Mollenhoff that "Resolution authorizing sale and conveyance of the right-of-way generally located along the southerly 1/2 of W. 20th Street to Carl Schuler Masonry Construction Co. for $5,272.73 and the alley located between W. 20th Street and W. 21st Street to Carl Schuler Masonry Construction Co. for $2,459.17 and Norlan Odem for $452.35", be adopted and City Attorney instructed to prepare and deliver deeds accordingly. Ayes: Seven. Resolution adopted and upon by the Mayor assigned No. 1995-303. 104830 - Krizek/Collier that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (119) Sheridan Road of Section 543, Thru Streets; and enacting in lieu thereof a new Subsection (119) Sheridan Road of Section 543, Thru Streets (4 way stop at the intersection of Sheridan Road at Berkshire Road)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 104831 - Collier/Mollenhoff that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 104832 - Mollenhoff/Murphy 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. 104833 - Murphy/Jordan that "an Ordinance amending the 1991 Traffic Code by repealing Subsection (119) Sheridan Road of Section 543, Thru Streets; and enacting in lieu thereof a new Subsection (119) Sheridan Road of Section 543, Thru Streets (4 way stop at the intersection of Sheridan Road at Berkshire Road)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 4096. BILLS PAYMENT 104834 - Krizek that "Resolution approving Schedule A918, pp. 1-53, dated May 15, 1995, in the amount of $2,850,021.64, a copy of which is on file in the City Clerk's office", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-304. NEW BUSINESS 104835 - Anders/Jordan that the final schedule of assessment and final plat for Parcel D, Tower Park, for storm and sanitary improvements, be received and placed on file. Ayes: Seven. Motion carried. May 15, 1995 New Business - continued 104836 - Mollenhoff/Collier Page 6 that "Resolution authorizing the levying of assessments in conjunction with Parcel D, Tower Park", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-305. 104837 - Anders/Jordan that communication from Superintendent of Traffic Operations transmitting request to implement Stage I of the Signal Unwarranted Study for the intersection of Burton Avenue and West Parker Street as part of the Metropolitan Area Operation and Signal Study (MATOSS) process, be received, placed on file and "Resolution authorizing implementation of said study", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1995-306. Travel Requests 104838 - Murphy/Collier that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Joseph Junk, Fire Fighter, to attend EMT -Basic Training Program in Iowa City, Iowa on May 18 -June 14, 1995, with costs not to exceed $400.00, including the use of city vehicle. 2. Mayor John Rooff, Bob Stevenson, Bruce Meisinger and Tunis Den Hartog to meet with Moodys and various insurance companies in New York, N.Y. on May 18-19, 1995, regarding upcoming $11.2 million bond issuance, with costs not to exceed $1,200.00, each. Ayes: Seven. Motion carried. MISCELLANEOUS 104839 - Getty/Murphy 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 and the following applications for outdoor service area, dance license, theater license and cigarette permit be received, placed on file and approved: 1. Beer License Permit Application Class C P -N -P, 2100 Lafayette Street (Renewal) (Expires 6/9/96) (Includes Sunday Sales) 2. Beer/Wine License Permit Application Class E Ray's Super Valu, 1925 Franklin Street (Renewal) (Expires 5/29/96) (Includes Sunday Sales) 3. Beer/Liquor License Permit Application Class C Hickory House, 315 Park Road (Renewal) (Expires 5/23/96) 4. Liquor License Permit Application Class A El Mecca Shrine Club, 716 Commercial Street (Renewal) (Expires 5/22/96) Application for an Outdoor Service Area Stilettos, 1125 W. Donald Street from May 1, 1995 to September 30, 1995 Application for Dance License Stilettos, 1125 W. Donald Street Application for Cigarette Permit Waterloo Softball Association Ayes: Seven. Motion carried. 104840 - Getty/Murphy that the following theater license applications be received, placed on file and approved: Application for Theater License Dreamland Video, 102 W. llth Street Mini Cinema - 16, 315 E. 4th Street Ayes: Six. Nays: Mollenhoff. Motion carried. May 15, 1995 BONDS 104841 - Mollenhoff/Krizek Page 7 that the report of the City Attorney and list of bonds filed with the City Clerk through May 15, 1995, be received, placed on file and report and bonds be approved. Ayes: Seven. Motion carried. ORAL PRESENTATIONS 104842 - Tom Hall, 303 Logan Ave, reported that the alley behind the Social Security building between Allen Street and Wellington Street is very rough. Ernie Boykin, PO Box 1348, called the Street Department earlier this year about the potholes in Vine Street. They were fixed but have returned again. City Engineer Eric Thorson stated that this is part of the Martin Luther King Driver project and staff will look at the street this week. Getty/Krizek that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. ADJOURNMENT 104843 - Mollenhoff/Collier that the Council adjourn at 8:31 p.m. Ayes: Seven. Motion carried. Susan Fangman City Clerk