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HomeMy WebLinkAboutMinutes-12/02/2002December 2, 2002 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, December 2, 2002. Mayor Pro Tem Harold Getty in the Chair. Roll Call: Berry, Welper, Greenwood, Clark, Jordan, Hurley, Getty. Invocation by: Judy Marshall, Heartland Vineyard Christian Fellowship Church. Pledge of Allegiance: Jerry Stevens, General Manager Waterloo Water Works. ORAL PRESENTATIONS 117750 - Michael Douglas, Vice President of Highland Park Neighborhood Association, reported that there has been a lot of controversy over the past few weeks regarding design guidelines for historic buildings. Mr. Douglas stated that he feels there has been unprecedented judgment and things misled. Mr. Douglas stated he was personally attacked by a citizen in a letter to the council. The neighborhood and other board members are requesting that the council get with the taxpayers and Highland Park neighbors. Mr. Douglas stated that Highland Park has had one representative for 16 years, and as the only Historic District he feels Highland Park should have more, especially someone who owns property or lives in Highland Park and pay taxes. Mr. Douglas asked the council to look at the commission and design guidelines and get with representatives of Highland Park and get the messed cleaned up. Mr. Douglas stated it is time to look at something that has festered into a big boil. Donna Douglas reported that in order for them to get a building permit they had to go to the Historic Preservation Commission and get either a certificate of appropriateness or certificate of no material effect or the request is denied. Ms. Douglas would like the Historic Commission to use appropriate guidelines. The design guidelines is a difficult document to use for reference as it has no dates or reference material and information is dated. Ms. Douglas stated that each local government must set standards for their community and adopt an ordinance. Ms. Douglas stated she looked at the Website and it says local guidelines are not laws. The Historic Commission's terms are very vague, arbitrary language is used and arbitrarily enforc would like to replace the artificial siding artificial or synthetic siding and the Historic they must go with natural boards. Mayor Pro Tem Getty stated he will schedule Neighborhood Association. ed. Ms. Douglas reported they on their home with either Preservation Commission says a meeting with the Highland Mr. Douglas stated he has the support of the Highland Neighborhood Association, and Historic Preservation will never be exactly what one person wants it to be. Kory Kazarian, 135 Lovejoy Avenue, addressed the council concerning the burning issue. Mr. Kazarian reported he wrote a letter to the courier regarding leaves. He used to burn leaves but is now a reformed leaf burner. A neighbor stopped and talked about her asthma, but he kept burning. Mr. Kazarian stated he changed his mind once the victim was his son. Mr. Kazarian asked the council to look at the health of the citizens over the cost. Mr. Kazarian encouraged the council to ban burning. Mr. Kazarian reviewed his four year old son's treatment for asthma attacks, including using an inhaler and nebulizer. Mr. Kazarian stated they are always hopeful the treatments work and they don't have to take him to the emergency room. Mr. Kazarian spoke about the medications his son has to use every day, and that sometimes his son is admitted to the hospital for more intensive treatment. Mr. Kazarian stated that a lot of his son's problems stems from his asthma, but that leave burning aggravates the asthma. Mr. Kazarian asked the council to take into consideration others like his son. Pat Price, 1202 Independence Avenue, reported that he put a deck with a stairway on his home. The Historic Preservation Commission wrote that the deck cannot be visible from Independence Avenue and must be reduced in size. Mr. Price stated he does not think his property can go back to the way it was in 1924. Councilperson Jordan reported he has been contacted regarding the resolution of support the council adopted for the elderly complex to be located at the Best Western Starlite Village. Councilperson Jordan stated he has been told the organization will not pay full taxes, and he is concerned if that is true he would like to rescind the resolution of support. December 2, 2002 Page 2 ORAL PRESENTATIONS CONTINUED Mayor Pro Tem Getty asked City Attorney Jim Walsh to review and report back to the council next week. Jordan/Hurley that the above oral Motion carried. 117751 - Jordan/Berry comments be received and placed on file. Ayes: Seven. that the Agenda, as amended to Monday, December 2, 2002, at Seven. Motion carried. 117752 - Jordan/Welper delete Item 5:30 p.m., No. 20, for the Regular Session on be accepted and approved. Ayes: that the Minutes, as proposed, for the Regular Session on Tuesday, November 18, 2002, at 5:30 p.m., be accepted and approved. Ayes: Seven. Motion carried. CONSENT AGENDA 117753 Hurley/Greenwood that the following items on the consent agenda be received, placed on file and approved: a. Cammie Scully, Executive Director of Cultural & Arts Commission, to meet with curators in West Lafayette, Indiana, and Chicago, Illinois, on November 21 -December 2, 2002, with costs not to exceed $428.00. b. Rudy Jones, Interim Community Development Director, to attend Monitoring HOME: Monitoring Your Program for Compliance training in Omaha, Nebraska, on December 2-5, 2002, with costs not to exceed $450.00, including use of city vehicle. c. Ann Meyer, Police Lieutenant, to attend Police Management School in Johnston, Iowa, on December 1-6, 2002, with costs not to exceed $635.00, including use of city vehicle. d. Kent Shankle, Curator, to return artwork to Springfield, Ohio, on December 14-15, 2002, with costs not to exceed $470.00, including use of city vehicle. e. f. g• h. Communication from City Engineer transmitting request of Gayle Mielke for a waiver for a concrete driveway to be located at 411 Milwaukee Avenue, together with recommendation of approval. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002- 684. Communication from City Engineer transmitting request of Rod Emery for a waiver for a concrete driveway to be located at 333 Norris Court, together with recommendation of approval. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002- 685. Communication from City Engineer transmitting request of Dirk Downs for a waiver for a concrete driveway to be located at 325 Norris Court, together with recommendation of approval. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002- 686 Beer/Liquor License Permit Application Class C The Locker Room Lounge, 1918 Hawthorne Avenue 12/31/03) (Includes Sunday Sales) Carlos O'Kelly's Mexican Cafe, 1331 Flammang Drive 12/30/03) (Includes Sunday Sales) Joan's 9er, 929 West 5th Street (Renewal) (Expires Sunday Sales) Fitzgerald's Grill & Pub, 360 East Ridgeway Avenue 12/09/03) (Includes Sunday Sales) • (Renewal) (Renewal) 11/30/03) (Renewal) (Expires (Expires (Includes (Expires December 2, 2002 • • CONSENT AGENDA CONTINUED Page 3 i. Beer License Permit Application Class C Casey's General Store, 3035 Logan Avenue (Renewal) (Expires 12/31/03) (Includes Sunday Sales) J• Fireworks Display Application Hawkeye Community College on November 30, 2002 for Community Gift of Lights Scott Jordan at Sunnyside Country Club on January 3, 2003 k. Communication from Leisure Services Director transmitting appointment of Madonna Welsh to the position of Office Coordinator/Bookkeeper, effective December 3, 2002. 1. Communication from Leisure Services Director transmitting appointment of Mark Gallagher to the position of Sports Manager, effective December 3, 2002. m. Communication from City Clerk transmitting appointment of Dave Hammer to the position of Cable Television Production Assistant, effective December 3, 2002. n. Communication from Mayor Rooff transmitting appointment of June Watkins to the position of Personnel Director, effective December 3, 2002. o. Communication from Mayor Rooff transmitting appointment of Dr. William Gronen and Mark Higley to the Airport Commission, with term.expiration date of January 14, 2005. Ayes: Seven, with Councilperson Clark abstaining on all beer and liquor license permit applications and Councilperson Jordan abstaining on Item j. Motion carried. HEARINGS 117754 - Jordan/Welper that proof of publication of notice of public hearing on amendment to Zoning Ordinance, Ordinance No. 2479, as it pertains to requiring newly developed residential and commercial areas to screen dumpsters, as published in the Waterloo Courier on November 20, 2002, be received and placed on file. Ayes: Seven. Motion carried. 117755 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Councilperson Jordan stated he would recommend that only three sides of the dumpsters be required to be screened for safety reasons. Councilperson Clark stated he originally thought screening dumpsters was a good idea, but now he is not sure. He also is not sure screening three sides of the dumpster is going to work. Councilperson Clark stated he feels we are creating more of a problem than solving a problem, and he is against this ordinance. Councilperson Greenwood stated he agrees with Councilperson Clark. Councilperson Berry stated she also agrees and does not see the necessity of screening four sides of the dumpster. Councilperson Welper stated he understands requiring screening of the dumpsters is for appearance and asked what are other ways to hide dumpsters. Councilperson Welper stated he opposes requiring four sides to be screened. Councilperson Hurley stated he supports the ordinance as written with four sides to be screened as we all want a neater, tidier city. The ordinance was discussed at the Planning, Programming and Zoning Commission meeting. Some members of the commission voted against the ordinance as they were concerned with snow removal. Councilperson Hurley stated he would go along with the recommendation of the Planning, Programming and Zoning Commission to require dumpsters to be screened on four sides. Jordan/Clark that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. December 2, 2002 Page 4 HEARINGS CONTINUED 117756 - Jordan/Clark that "an Ordinance amending Zoning Ordinance, Ordinance No. 2479, as it pertains to requiring newly developed residential and commercial areas to screen dumpsters", be tabled indefinitely. Ayes: Seven. Motion carried. 117757 - Berry/Jordan that proof of publication of notice of public hearing on request of Elias Grover and Stella Smith to vacate, sell and convey property generally located in the 100 block of Carl Street between Ricker Street and Newell Street to Elias Grover for $568.75 and Stella Smith for $651.60, as published in the Waterloo Courier on November 21, 2002, be received and placed on file. Ayes: Seven. Motion carried. 117758 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Stella Smith, 614 Ricker Street, asked for a timeline when the debris on Carl Street will be taken care of as she was told this would be done and would like a timeline. Don Temeyer, City Planner, stated that there are two issues, the debris issue and the drainage issue. Mr. Temeyer stated that Code Enforcement needs to look at the debris and see whose debris it is. Dorothy Cooper, representing Elias Grover, reported that Mr. Grover will put in a culvert, but the debris has been there a long time. Ms. Smith reported that the Street Department promised two weeks ago they would send someone out to clean up the debris and they still have not cleaned it up. Councilperson Berry stated that she knows there is quite a mess in that area. If the debris is on city property, she does not feel either party should have to clean it up. If it is on city property, the city should have to clean it. Councilperson Hurley suggested the council approve the first reading only contingent upon inspection by the city. If it is the city's problem then the city should do clean up. Roy Smith stated he has noticed over the years, Mr. Grover has taken advantage of that property, and has allowed people to park old cars on the property. Mr. Smith reported that Mr. Grover has a satellite dish, and if it is on city property, it is a liability. Mr. Smith stated he feels Mr. Grover should be required to clean up the property. Mr. Smith asked the council to approve the sale of the property and require Mr. Grover to clean up the debris that has accumulated over the years. Ms. Cooper responded that there are no junk cars on the property, and that other people dump debris and stuff. Ms. Cooper stated Mr. Grover is prepared to purchase the property. Clark/Jordan that the hearing be closed and recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 117759 - Hurley/Clark that "an Ordinance vacating property generally located in the 100 block of Carl Street between Ricker Street and Newell Street", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 117760 - Clark/Hurley that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Nays: Getty. Motion carried. 117761 - Clark/Hurley that "an Ordinance vacating property generally located in the 100 block of Carl Street between Ricker Street and Newell Street", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4586. • • December 2, 2002 • HEARINGS CONTINUED 117762 - Berry/Clark • Page 5 that "Resolution authorizing said sale and conveyance", be adopted and City Attorney instructed to prepare and deliver deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-687. 117763 - Berry/Welper that proof of publication of notice of public hearing on request of Gates Park Youth Basketball League, Inc. to sell and convey property generally located at 301 Ralston Road (Kreig School), as published in the Waterloo Courier on November 21, 2002, be received and placed on file. Ayes: Seven. Motion carried. 117764 - Hurley/Clark that the hearing carried. Jordan now absent at 6:22 p.m. PETITIONS FROM PUBLIC 117765 - Welper/Berry be adjourned to December 9, 2002. Ayes: Seven. Motion that communication from Assistant City Planner transmitting request of Cedar Valley Corporation to vacate, sell and convey for $500.00 right-of-way generally located at the southwest corner of Broadway Street and Wagner Road, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as December 16, 2002, at 5:30 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: Six. Absent: Jordan. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-688. Jordan now present at 6:25 p.m. DOCUMENTS 117766 - Hurley/Greenwood that communication from Senior Planner transmitting application for Melissa Ludwig for tax exemptions on improvements totaling $15,804.00 for property located at 741 Cloverdale Avenue in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and City Clerk instructed to forward same to County Assessor. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-689. 117767 - Hurley/Greenwood that communication from Senior Planner transmitting application for Donald Fluhr for tax exemptions on improvements totaling $4,000.00 for property located at 436 Dawson Street in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and City Clerk instructed to forward same to County Assessor. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-690. 117768 - Hurley/Greenwood that communication from Senior Planner transmitting application for John and Janet Robinett for tax exemptions on improvements totaling $155,000.00 for property located at 1727 Butler Avenue in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and City Clerk instructed to forward same to County Assessor. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-691. December 2, 2002 Page 6 DOCUMENTS CONTINUED 117769 - Hurley/Greenwood that communication from Senior Planner transmitting application for Patrick Berry for tax exemptions on improvements totaling $31,142.00 for property located at 714 W. Mullan Avenue in the Consolidated Urban Revitalization Area, together with recommendation of approval, be received, placed on file and "Resolution approving said application", be adopted and City Clerk instructed to forward same to County Assessor. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-692 117770 Welper/Greenwood that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Aspro, Inc. & Subsidiaries of Waterloo, Iowa at a total cost of $213,693.79 in conjunction with the F.Y. 2003 Iry Warren Memorial, Gates and South Hills Golf Courses and Byrnes Park Parking Lots Paving, Divisions I, III and IV, Contract No. 658, be received, placed on file and "Resolution approving said documents", be adopted and two-year Maintenance Bond be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-693. 117771 - Clark/Jordan that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Mike Dolan Concrete & Masonry, Inc. of Waterloo, Iowa at a total cost of $74,284.90 in conjunction with the F.Y. 1999 Washington Street Parking Lot Island Paving, Contract No. 607, be received, placed on file and "Resolution approving said documents", be adopted and two-year Maintenance Bond be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-694. 117772 - Clark/Jordan that communication from City Engineer transmitting Completion of Project and Recommendation of Acceptance of Work performed by Mike Dolan Concrete & Masonry, Inc. of Waterloo, Iowa at a total cost of $40,957.40 in conjunction with the F.Y. 2001 Soldiers and Sailors Park -Phase I, Contract No. 627, be received, placed on file and "Resolution approving said documents", be adopted and two-year Maintenance Bond be received and placed on file. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-695. 117773 - Clark/Jordan that communication from City Engineer Recommendation of Acceptance of Work Waterloo, Iowa at a total cost of $36, Midport Limestone Sign Walls, Contract "Resolution approving said documents", be received and placed on file. Ayes: Resolution adopted and upon approval by transmitting Completion of Project and performed by Bowers Masonry, Inc. of 825.00 in conjunction with the F.Y. 2002 No. 651, be received, placed on file and be adopted and two-year Maintenance Bond Seven. Mayor Pro Tem assigned No. 2002-696. 117774 - Greenwood/Welper that communication from City Planner transmitting agreement with Iowa Department of Economic Development and GMAC for a $180,000.00 forgivable Community Economic Betterment Account (CEBA) loan, which requires GMAC to retain 682 jobs and create 149 new jobs at a starting wage of $9.74 per hour and an average wage of $11.91 per hour, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor Pro Tem authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-697. 117775 - Welper/Hurley that communication from Assistant City Engineer transmitting construction plans for sanitary sewer serving Walgreens Store located at the southwest corner of Ridgeway and Kimball Avenues, as submitted by Schenk Engineering Company of Waterloo, Iowa be received, placed on file and "Resolution approving said documents", be adopted. Ayes: Seven. Resolution adop and upon approval by Mayor Pro assigned No. 2002-698. December 2, 2002 • • DOCUMENTS CONTINUED 117776 - Hurley/Berry Page 7 that communication from Airport Director transmitting Change Order for a net increase in the amount of $5,086.00 for work to be performed by Burns & McDonnell to rework the car rental area from four counters to three counters in conjunction with Waterloo Regional Airport Renovation be received, placed on file and approved and Mayor Pro Tem authorized to execute same. Prior to a vote on the above motion, the following comments were heard. Brad Hagen, Airport Director, reported that as part of the Airport Renovation Project, plans were drawn with four counters for the car rental area. New corporate officials have seen the plans and want to change the four counters to three counters. Mr. Hagen stated there is not enough width on the counters to process more than one customer at one time. Mr. Hagen reported that even if passengers doubled, we still would not need more than three counters. The additional cost for Burns & McDonnell will be covered under FAA. The change order is for architectural design and there is no increase in construction cost. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Motion carried. RESOLUTIONS TO BE ADOPTED 117777 - Jordan/Welper that communication from Leisure Services Director transmitting 2003 Sports fees be received, placed on file and "Resolution approving said fees", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-699. 117778 - Greenwood/Jordan that "Resolution authorizing submission of an application for Vision Iowa funding for the Cedar River Renaissance Plan to include the following funding: $3 million for the Cedar River Plaza and Amphitheater, $2.5 million for the Riverwalk Loop, $1,250,000 for the Cedar River Dam, $300,000 for the Gateway, $200,000 for the Eastside Ministerial Alliance Community Center and $300,000 for the Cedar Valley Soccer Association Complex", be adopted. Prior to a vote on the above motion, the following comments were heard. Bill Bartels, 646 Summit Avenue, reported that the Courier quoted Mayor Rooff after the November 13, 2002 Vision Iowa meeting in Des Moines regarding amenities, and he asked what did Mayor Rooff mean by amenities. Does it include the Cedar River Plaza and Amphitheater. Mayor Pro Tem Getty responded that he assumes the amenities are exactly as described by Mr. Bartels. Mr. Bartels stated that the Cedar River Plaza area is from the Library to 1St Street and the Cedar River to Commercial Street and covers almost three square city blocks. Mayor Pro Tem Getty responded that the Wonder Bread building is not included in the plans. Mr. Bartels stated that the Amphitheater is suppose to be a flat area and asked how can it cost over $8 million. Don Temeyer, City Planner, responded that it is a flat area. The total cost of the project includes the Cedar River Plaza, Amphitheater, Riverwalk Loop and the Cedar River Dam. Mr. Temeyer will get the cost of the Cedar River Plaza portion for Mr. Bartels. Mr. Bartels stated that there was a quote in the Courier from the Chief Financial Officer regarding increasing sewer fees. Mr. Bartels stated that the city used the sewer funds to bolster the city's funds and now it needs to increase sewer fees. Sewer funds were transferred to the General Fund. Mr. Bartels suggested that instead of giving highest paid employees raises, the city should cut their salaries back, and when someone retires, the city should hire someone from within at a lower salary. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-700. December 2, 2002 Page 8 RESOLUTIONS TO BE ADOPTED CONTINUED 117779 - Welper/Jordan that "Resolution pledging 2,460,320.00, including interest, to National Cattle Congress in support of their application to Vision Iowa for CAT funding for renovation of National Cattle Congress grounds and buildings", be adopted. Prior to a vote on the above motion, the following comments were heard. Don Barker, 1226 Wren Road, stated that he used to attend the National Cattle Congress every year. It was free and had all kinds of animals and shows about plants and home improvements. Up to 1972 the National Cattle Congress was doing good then it went downhill. The National Cattle Congress built the dog track, made millions and then decided if they couldn't get gambling passed they were going to file bankruptcy. Mr. Barker stated that a lot of the people on the board said if the county doesn't pass gambling, they were going to resign. Then the National Cattle Congress sold the dog track and made a deal with the Indians, but he doesn't know where the funds went. Mr. Barker stated this is a private enterprise, they could file bankruptcy and not pay the city. If the city does this, they should have someone from the city operate the National Cattle Congress. The National Cattle Congress has priced themselves out business as the entertainment is too expensive, and food and drink is too high. Mr. Barker stated it is a shame the citizens have to support those people who made millions and then left town. Mr. Barker stated he feels Vision Iowa should pay for this. The National Cattle Congress people have not stuck a dime in there for 25 years. Councilperson Hurley asked how critical is timing on the resolution and could it wait a week. Councilperson Hurley stated he needs additional information and an understanding of the financial. Councilperson Hurley stated tonight he would vote yes for the resolution, but his comfort level isn't what it should be when using taxpayers money. Councilperson Hurley stated he wants to be very sure when the city commits these funds. Wally Sullentic stated that Councilperson Hurley is looking at the depreciation statement. Mr. Sullentic stated that the operational side of the fairgrounds has operated in the positive for the past three years. Curly Hultman stated this is a group of volunteers who are donating their time. Mr. Hultman stated that the committee has put together a program with a vision to enter the 21st Century for bioagriculture and technology. Mr. Hultman stated the project goes far beyond the $2.4 million investment, and that compared to the city's total budget this is an incredible opportunity for citizens to back a great project. Mr. Hultman stated the National Cattle Congress does not have the city's funding mechanism. The National Cattle Congress withdrew its $4 million request from Vision Iowa, making $4 million available. The committee was also given clear information that requirements of the CAT grant and Vision Iowa are one and the same and doing this would not be harmful to either of the entities. Following comments a vote was taken on the above motion with the following result. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-701. ORDINANCES TO BE ADOPTED 117780 - Berry/Welper that request of Councilperson Clark to reconsider an ordinance to ban burning of yard waste be received, placed on file and approved. Ayes: Five. Nays: Jordan, Getty. Motion carried. 117781 - Greenwood/Hurley that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subparagraph 1, Burning, of Paragraph C, Rubbish and Trash Near Buildings, of Section 4-3-7, Prohibited Acts and Conditions, of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health & Safety; and enacting in lieu thereof a new Subparagraph 1, Burning, of Paragraph C, Rubbish and Trash Near Buildings, of Section 4-3-7, Prohibited Acts and Conditions, of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health & Safety (prohibit burning of garbage, refuse and yard waste)", be received, placed on file, considered and passed for the first time. • December 2, 2002 ORDINANCES TO BE ADOPTED CONTINUED Prior to a vote on the above motion, the following comments were heard. Page 9 Mayor Pro Tem Getty read a letter from Harold Tuchel, 1040 Fleur Drive, who objects to a ban on burning. Mr. Tuchel especially objects to banning burning of small brush and twigs. Mr. Tuchel feels citizens have to dig into their pockets for everything, and that the yard waste bags are a joke. Mr. Tuchel feels that banning leaf burning is easy because it will cost the city nothing, but it will create a lot of angry citizens. Mr. Tuchel feels that one small, loud group can create problems for the great majority because politicians have no backbone. Effie Burt, 626 Boston, spoke she has respiratory problems burning, she cannot go to work her medications cost over $200 insurance, but she has a lot Ms. Burt stated when she has totally shut down. in favor of a ban on burning. Ms. Burt stated and when she has an asthma attack from leaf and has to take medications. Ms. Burt reported per month, but she is lucky because she has good of friends who cannot afford their medication. an attack, especially from the burning, she is Marilyn Metzner, 624 West Donald Street, is in favor of burning of yard waste. Ms. Metzner stated she is sorry for those with health problems, but asked what about fire places and wood burning stoves. Ms. Metzner recommended setting times to burn and not allowing burning when it is windy. Ms. Metzner stated if the council bans burning of leaves, then they should do something about wood burning stoves. Sharon Chapman, 208 Frederick, stated this is a huge issue which pits neighbor against neighbor. Ms. Chapman agrees that smoke from fireplaces does smell, but we need to start somewhere. Ms. Chapman stated that being outdoors is a healthy part of everyone lives, but it is hard to be outside from the Spring to Fall. Burning is 100 percent preventable and affects those who do not burn and the smoldering continues all night. The smoke stinks, it is uncomfortable and if a person goes outside they smell like a bon fire. Ms. Chapman asked the council to please put a stop to something they can stop. Mayor Pro Tem Getty stated that there is an exception for camp fires in camp grounds and fireplaces in homes. Leaves, branches, etc. would be prohibited if the ordinance passes. Councilperson Clark stated that as part of passing this ordinance, he feels strongly that he would be hard pressed to spend the Solid Waste money to support any expenditure until the city talks about environmental issues. Councilperson Clark stated he would like to enhance choices and would like free leaf pickup and expand it to four or five weeks using the Solid Waste funds. Councilperson Jordan stated he supports using the Solid Waste money. Most of the citizens who contacted him like to burn. Councilperson Jordan stated the city has an ordinance in place that prohibits burning during certain conditions, we just need to enforce it. Councilperson Jordan supports taking this issue to the voters and letting people speak for themselves. Councilperson Jordan stated he supports burning. Councilperson Berry stated she is concerned about senior citizens and children, and that the health issue component outweighs burning. Councilperson Berry stated she supports banning of burning because of the senior citizens and children. Councilperson Hurley stated he supports Councilperson Clark, and that he hopes the council sees this not as an end but as a beginning. Councilperson Hurley stated he wants to stop burning now and then work on alternatives. Councilperson Hurley stated he is not comfortable with the language and we need to look at the definition of yard waste. Councilperson Hurley stated that he has read statistics about carbon monoxide, etc. and that stopping burning will address some of those problems. Councilperson Welper stated he supports banning burning as this is a health issue and we need to address it now. Councilperson Getty stated he supports leaf burning and that we need to find a way of picking up leaves and should have alternatives in place before a ban. Councilperson Getty stated we have a few months to look at this issue. Cedar Falls is looking down the road two to three years to make it so convenient to get rid of leaves the citizens won't want to burn. Councilperson Getty stated he had more calls in favor of burning then opposed. December 2, 2002 Page 10 ORDINANCES TO BE ADOPTED CONTINUED Following comments a vote was taken on the above motion with the following result. Ayes: Five. Nays: Jordan, Getty. Motion carried. 117782 - Hurley/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Six. Nays: Getty. Motion carried. 117783 - Hurley/Berry that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by repealing Subparagraph 1, Burning, of Paragraph C, Rubbish and Trash Near Buildings, of Section 4-3-7, Prohibited Acts and Conditions, of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health & Safety; and enacting in lieu thereof a new Subparagraph 1, Burning, of Paragraph C, Rubbish and Trash Near Buildings, of Section 4-3-7, Prohibited Acts and Conditions, of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health & Safety (prohibit burning of garbage, refuse and yard waste)", be considered and passed for the second and third times and adopted. Ayes: Six. Nays: Getty Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4587. 117784 - Berry/Jordan that "an Ordinance establishing grades in the City of Waterloo for the F.Y. 2003 Sidewalk Inspection and Repair Program -Zone 2, Contract No. 650", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 117785 - Berry/Jordan that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 117786 - Jordan/Greenwood that "an Ordinance establishing grades in the City of Waterloo for the F.Y. 2003 Sidewalk Inspection and Repair Program -Zone 2, Contract No. 650", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 4588. 117787 - Welper/Berry that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by repealing Chapter 7, Housing, of Title 9, Building Regulations, in its entirety; and enacting in lieu thereof a new Chapter 7, Housing, of Title 9, Building Regulations (creating self -inspection program for landlords)", be received, placed on file, considered and passed for the first time. Prior to a vote on the above motion the following comments were heard. Mayor Pro Tem Getty stated that the council held a work session earlier this afternoon and decided to approve the first reading only. There will be another work session next week. Gary Rankin, 1016 Colby, stated there are still a lot of issues for parts of this program. The Landlord Association and Fire Department have been working on this program for eight to nine months this time, but the Landlord Association has probably worked on it for 12 years. Mr. Rankin stated he appreciates all the efforts Chief Ned DeBerg has put into the self -inspection process. Mr. Rankin stated that everyone needs to be aware of the process and fees. Mr. Rankin stated that everyone would like to see a better computer system become a very important factor of the self -inspection program. Clark/Berry that "an Ordinance amending the 2001 Code of Ordinances of the City of Waterloo, Iowa, by repealing Chapter 7, Housing, of Title 9, Building Regulations, in its entirety; and enacting in lieu thereof a new Chapter 7, Housing, of Title 9, Building Regulations (creating self -inspection program for landlords)", be tabled for one week. Ayes: Seven. Motion carried. • • December 2, 2002 BILLS PAYMENT 117788 - Jordan/Clark • • Page 11 that "Resolution approving Schedule AP640, pp. 1-110 dated December 2, 2002, in the amount of $2,539,459.12, a copy of which is on file in the City Clerk's Office", be adopted, together with recommendation of approval of the Finance Committee. Ayes: Seven. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2002-702. ADJOURNMENT 117789 - Clark/Jordan that the Council adjourn at 7:28 p.m. Ayes: Seven. Motion carried. Nancy 3ckert City Clerk