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HomeMy WebLinkAbout11/06/1989November 6, 1989 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 November 6, 1989. Mayor Bernard L. McKinley in the Chair. Roll Call: Fox, Angel, Buck, Wright, Budak, Brown. Absent: Dell. Invocation by: Councilperson Bob Brown Pledge of Allegiance: Girl Scout Troop 289 --Teresa Zakaria, Michelle Reilly, Beth Clark, Kristi Winninger, Patti Elenz, Kim Cafaro, Erin Mclntee, Alison Kipp, Brenna Gilligan. 94741 - Mayor McKinley presented a Certificate of Appreciation to Tisha M. Doty for her efforts in apprehending the criminal who stole a purse from an elderly lady in Ms. Doty's neighborhood. Moved by Buck, seconded by Wright that the Agenda, as proposed, for the Regular Session on November 6, 1989, at 7:00 p.m., and the Minutes of the Regular Session of October 23, 1989, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS 94742 - Moved by Wright, seconded by Angel that proof of publication of notice of public hearing on request of Super 8, 1825 LaPorte Road, for a waiver of the building moratorium on Relocated U.S. 218 Corridor to landscape said property, as published in the Waterloo Courier on October 20, 1989, be received and placed on file. Motion carried. 94743 - 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 Brown, seconded by Fox that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 94744 - Moved by Fox, seconded by Brown that "Resolution authorizing waiver of building moratorium on Relocated U.S. 218 Corridor for Super 8, 1825 LaPorte Road, subject to: 1) no gravel parking, the area currently used for truck parking must be sodded, 2) the detention area must be sodded, and 3) a maintenance agreement must be signed", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1989-578. 94745 - Moved by Angel, seconded by Budak that proof of publication of notice of public hearing on request of Dee Ann Francis to vacate the sidewalk adjoining property located at 1010 Ackermant Street, as published in the Waterloo Courier on October 20, 1989, be received and placed on file. Motion carried. 94746 - 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 Buck that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 94747 - Moved by Buck, seconded by Fox that "an Ordinance vacating the sidewalk adjoining property located at 1010 Ackermant Street, subject to removal of the sidewalk by Dee Ann Francis", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Dell. Motion carried. November 6, 1989 Page 2 Hearings - continued 94748 - Moved by Fox, seconded by Brown that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Dell. Motion carried. 94749 - Moved by Wright, seconded by Angel that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Six. Absent: Dell. Motion carried. 94750 - Moved by Brown, seconded by Wright that "an Ordinance vacating the sidewalk adjoining property located at 1010 Ackermant Street, subject to removal of the sidewalk by Dee Ann Francis", be adopted. Ayes: Six. Absent: Dell. Ordinance adopted and upon approval by Mayor assigned No. 3677. 94751 - Moved by Buck, seconded by Wright that proof of publication of notice of public hearing on request of Robert and Margaret Ehlers dba Cover -All to rezone from "R-2" One and Two Family Residence District to "C -Z" Conditional Zoning property generally located at the southwest corner of Midway Drive and Richland Drive, approximately two blocks south of University Avenue, as published in the Waterloo Courier on October 20, 1989, be received and placed on file. Motion carried. 94752 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Bob Stevenson, City Planner, reported that the Planning, Programming and Zoning Commission had recommended approval of the request subject to the following conditions: 1) There be no retail sales or activities where customers come to the site. 2) There be no signage other than one sign on the building that is non -illuminated. 3) There be no more than ten (10) employees therefore keeping traffic to a minimum. 4) Any justifiable complaint from the neighborhood would be corrected by the applicant upon being notified by our staff. He also stated that 77 percent of the adjacent property owners lying within 250 feet of the rezoning request are opposed to the rezoning. This petition will require a favorable vote of 3/4 of the City Council (six members). Mark Reed, 806 Calumet Drive, Cedar Falls, spoke in opposition to the request. He stated that the area is basically a residential area, and that most of the homeowners are long time residents and do not wish to have the neighborhood changed. He also stated that the neighborhood had a bad experience with a previous rezoning request in the area when apartment complexes were allowed to locate north of the proposed site along Midway Drive. He also indicated that the proposed use would call for two UPS trucks daily and one semi -truck weekly to the site. He also indicated that the business would devalue surrounding residential property. Hugh Holms, 1264 Delores Drive, and a member of the church, indicated that the traffic concerns expressed were not valid since current church traffic far outweighs the proposed traffic. He indicated that meetings are held nearly every day of the week with much more traffic than is projected with the proposed use. He also indicated that a neighbor in the area drives a semi and parks it in the neighborhood within close proximity of the rezoning request. Virginia Dotzler, 4030 Midway Drive, stated that the semi driver in the neighborhood does not present any harm to the area. She urged the Council to keep the area residential in nature and to deny the request. A neighbor in the area stated that the semi is not always in the driveway. November 6, 1989 Hearings - continued Page 3 Bob Ehlers, applicant for the rezoning, stated that their business is currently a mail order sewing and embroidery business in Cedar Falls and did confirm that the neighborhood could expect two UPS stops daily and one semi delivery two to three times a month. He presented a picture of the present business and indicated that there are currently six employees. Councilperson Fox questioned the future use of the building if it is not sold and the impact on the neighborhood if the building should remain empty. Joyce Sommer, 4034 Richland Drive, stated that the neighbors in the area would most likely keep the lawn mowed. She urged the Council's denial of the rezoning request. Dennis Reiners, 95 Joy Drive, urged the Council's approval of the rezoning request and did not foresee that approval would be a detriment to the area. Moved by Buck, seconded by Wright that petitions of objection be received and placed on file, and that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments, be received and placed on file. Motion carried. 94753 - Moved by Fox, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection 24 to Section 2A -7N, Conditional Zoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Fox, Wright, Brown. Nays: Angel, Buck, Budak. Absent: Dell. Motion not carried. 94754 - Moved by Buck, seconded by Wright that proof of publication of notice of public hearing on request of Covenant Medical Center, Incorporated on the issuance of not to exceed $28,500,000 Wheaton Franciscan Services, Inc. System Revenue Bonds, Series 1989, as published in the Waterloo Courier on October 19, 1989, be received and placed on file. Motion carried. 94755 - 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 Buck, seconded by Wright that "Resolution instituting proceedings for issuance of said bonds", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1989-579. PETITIONS FROM PUBLIC 94756 - Moved by Brown, seconded by Angel that communication from City Engineer transmitting request of Bearing Service Company for a temporary concrete driveway to be located at 1826 Black Hawk Street, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1989-580. 94757 - Moved by Brown, seconded by Angel that communication from City Engineer transmitting request of Dennis Osborn for a temporary concrete sidewalk to be located at 1501 Grandview Avenue, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1989-581. November 6, 1989 Petitions from Public 94758 - Moved by Brown, seconded by Angel Page 4 that communication from City Planner transmitting minor site plan amendment request of the proposed Village Inn Restaurant to locate two signs at 212 West Ridgeway Avenue, be received, placed on file and "Resolution setting date of hearing as November 20, 1989, at 7:00 p.m., in the City Hall Council Chambers on the above described request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1989-582. 94759 - Moved by Brown, seconded by Angel that communication from City Planner transmitting request of Zanders Feeds, 311 West First Street, for a variance to the building moratorium on Relocated U.S. 218 Corridor to construct an 10' x 4' addition to existing structure, together with recommendation of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as November 13, 1989, at 7:00 p.m., in the City Hall Council Chambers on the above described request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1989-583. UNFINISHED BUSINESS 94760 - The Mayor announced that the time had arrived on the reconsideration of the site plan amendment for Flowerama to be located at Kimball Ridge Shopping Center at the northwest corner of Kimball and Ridgeway Avenues. Hugh Field, City Attorney, stated that he had incorrectly advised the Council on its prior action to deny the request on September 18. He stated that it is the Council's duty to function as a quasi judicial body in its standard of review of the City ordinances. Those standards that must be reviewed by the Council prior to its decision includes such things as parking, location of sidewalks and driveways, location of walls, location of landscaping, conformance to the comprehensive plan, architectural regulations, and whether it meets the standard of promoting the public health, safety and welfare. Caroline Giddings, representing Michael Girsch and Kimball Avenue Drug, stated that his client has a cross easement agreement granting access and parking to the pharmacy in the event that they wish to expand. The Mayor indicated that this is an issue that must be resolved between Hurst Holding Company, owner of Kimball Ridge and the property owners. Max Kirk, representing Flowerama of America, Inc., stated that it would be Flowerama's intent to reach an agreement prior to commencement of construction without litigation. City Attorney Hugh Field stated that the cross easement issue is not an issue for the Council, but between the parties involved. Al Frerichs, representing Hurst Holding Co., stated that the cross easement issue would be worked out prior to commencement of construction. Moved by Budak, seconded by Wright that the site plan amendment request of Flowerama Store to be located in the Kimball Ridge Shopping Center, located at the northwest corner of Kimball Avenue and Ridgeway Avenue be reconsidered. Ayes: Six. Absent: Dell. Motion carried. 94761 - Moved by Wright, seconded by Buck that the site plan amendment request of Flowerama to be located in the Kimball Ridge Shopping Center located at the northwest corner of Kimball and Ridgeway Avenues be received, placed on file, and "Resolution approving said site plan amendment request", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1989-584. November 6, 1989 Page 5 REPORTS 94762 - Councilperson Fox commended the Transportation staff for their quick response to this intersection problem. Moved by Buck, seconded by Wright that communication from Transportation Program Manager transmitting Field Review and Speed Study of West Airline Highway and Airport Boulevard, be received, placed on file and "Resolution authorizing the installation of necessary signage", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1989-585. DOCUMENTS 94763 - Moved by Brown, seconded by Budak that communication from City Engineer transmitting Change Order No. 1 for a net increase of $2,087.50 for work to be performed by Youngblut Contracting, Inc. in conjunction with F.Y. 1989 Easton Avenue Bridge Repairs, Contract No. 371, be received, placed on file and approved and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 94764 - Moved by Brown, seconded by Budak that communication from Assistant City Engineer transmitting Change Order No. 4 for a net increase of $500.00 for work to be performed by Cedar Valley Corporation in conjunction with F.Y. 1989 Street Reconstruction Program, Contract No. 357, be received, placed on file and approved and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 94765 - Moved by Brown, seconded by Budak that communication from City Engineer transmitting Change Orders No. 2 and 3 for a riet decrease of $3,853.00 for work to be performed by Rampart Corporation in conjunction with F.Y. 1989 Independence Avenue Area Storm Sewer Improvements --Phase 2, Contract No. 373, be received, placed on file and approved and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 94766 - Moved by Brown, seconded by Budak that communication from City Planner transmitting maintenance agreement with David J. Hershberger, owner of the proposed Ryder Truck facility at 2612 Texas Street, to plant trees, shrubs and grassed areas within the Relocated U.S. 218 Corridor, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor. assigned No. 1989-586. 94767 - Moved by Brown, seconded by Budak that communication from Transportation Program Manager transmitting recommendation of award of contract for advanced acquisition appraisals to Appraisal Associates Co. of Cedar Rapids, Iowa in the amount of $6,170.00 in conjunction with Ridgeway Avenue Reconstruction, IX -6500(3)--79-07, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1989-587. November 6, 1989 Page 6 RESOLUTIONS TO BE ADOPTED 94768 - Moved by Budak, seconded by Wright that "Resolution fixing date for meeting on proposal of the issuance of not to exceed $2,000,000 Sewer Revenue Bonds of Waterloo, Iowa as November 20, 1989, at 7:00 p.m., in the City Hall Council Chambers", be adopted and Clerk/Auditor instructed to publish notice of hearing of same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1989-588. 94769 - Moved by Budak, seconded by Wright that "Resolution authorizing the execution of a memorandum of agreement with Weissman Industries, Inc. regarding the issuance of Industrial Revenue Bonds not to exceed $3,500,000", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1989-589. 94770 - Moved by Budak, seconded by Wright that "Resolution authorizing the partial acquisition contract payment and accepting permanent easement for real property for Parcel No. 1 (Depot Restoration Corporation) in conjunction with F.Y. 1990 Intercity Interceptor, Stage VII, West Fifth to Pumping Station, Contract No. 377", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1989-590. 94771 - Moved by Budak, seconded by Wright that "Resolution authorizing and directing Clerk/Auditor to destroy certain tape recordings of various City Council Committee meetings", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1989-591. BILLS PAYMENT 94772 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-60, in the amount of $1,310,667.62, and Schedule W900, pp. 1-2, in the amount of $10,259.76, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Abstain: Budak. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1989-592. NEW BUSINESS 94773 - Moved by Fox, seconded by Brown that communication from Waterloo Water Works General Manager transmitting proposed budget for the Waterloo Water Works calendar year 1990, together with recommendation of approval of the Board of Trustees, be received, placed on file and "Resolution setting date of hearing as November 27, 1989, at 7:00 p.m. in the City Hall Council Chambers on the above described budget", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1989-593. 94774 - Moved by Fox, seconded by Brown that communication from Mayor Bernie McKinley transmitting recommendation of appointment of John Meyer, Public Works Director, to the Black Hawk County Solid Waste Management Commission effective immediately, be received, placed on file and approved. Motion carried. November 6, 1989 Page 7 New Business - continued 94775 - Moved by Fox, seconded by Brown that communication from Transportation Program Manager transmitting request for authorization to perform a detailed signal warrant analysis for the intersection of Ridgeway Avenue and Prospect Boulevard, be received, placed on file and approved. Motion carried. 94776 - Moved by Fox, seconded by Brown that communication from Clerk/Auditor transmitting recommendation of appointment of Alberta Moorehead to the position of Parking Enforcement Officer, effective November 27, 1989, be received, placed on file and approved. Motion carried. 94777 - Moved by Fox, seconded by Brown that "Resolution authorizing completion of project and acceptance of work in conjunction with F.Y. 1990 Oiling Program, Contract No. 361", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1989-594. 94778 - Moved by Fox, seconded by Brown that the final schedule of assessments and final plats for F.Y. 1990 Oiling Program, Contract No. 361, be received, placed on file and "Resolution authorizing the levying of assessments in conjunction with the F.Y. 1990 Oiling Program, Contract No. 361", be adopted. Ayes: Six. Absent: Dell. Resolution adopted and upon approval by Mayor assigned No. 1989-595. Travel Requests 94779 - Moved by Wright, seconded by Angel that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Tim Mrozek, Associate Engineer, to attend Institute of Transportation Engineers 1989 Traffic Engineering Academy in Atlanta, Georgia, on December 2-8, 1989, with costs not to exceed $1,600.00. 2. Harold Waschkat, Chief Plumbing Inspector, to attend International Association of Plumbing and Mechanical Code Seminar in Emporia, Kansas, on November 17-18, 1989, with costs not to exceed $465.00. 3. Jeff Freshwater, Ralph Baracz, Reece Peterson, John Powers, Firemen, to attend LNG Gas School in Ames, Iowa, on November 7-9, 1989, with costs not to exceed $410.00, including the use of City vehicle. Motion carried. MISCELLANEOUS 94780 - Moved by Wright, seconded by Angel that the following applications for beer and liquor licenses, be received, placed on file and approved applications forwarded to the Iowa Beer and Liquor Control Department and application for license for distress sale and cigarette license permit applications, be received, placed on file and approved: 1. Beer License Permit Application Class C Holiday Station Store, 1602 LaPorte Road (Renewal) (Expires 11/30/90) (Includes Sunday Sales) November 6, 1989 Miscellaneous - continued 2. Beer & Liquor License Permit Application Class C Buzz's Bar, 856 Rainbow Drive (Renewal) (Expires 11/30/90) (Includes Sunday Sales) Page 8 3. Beer & Wine License Permit Application Class E Fleagle Foods, 2834 Ansborough Avenue (New) (Expires 11/7/90) (Includes Sunday Sales) 4. Beer & Liquor License Permit Application Class A Supervisors Club, 3265 DeWitt Road (Renewal) (Expires 11/9/90) (Includes Sunday Sale) 5. Liquor License Permit Application Class E Hy Vee Food Store, 306 Byron Avenue (Renewal) (Expires 11/21/90) (Includes Sunday Sales) Application for License for Distress Sale Petra Furs, Inc., 182 West 4th Street --January 6, 1990 Cigarette License Permit Application Two (2) Motion carried. ORAL PRESENTATIONS 94781 - Al Manning, 919 Fairview Avenue, presented questions concerning the sidewalk repair program. He presented a picture of the railroad tracks in the 800 block of Kerns Street which showed the City sidewalk completed up to the railroad property. He asked whether or not the railroad would be required to make repairs in the same fashion as property owners were required. Eric Thorson, City Engineer, stated that the railroad will be required to make the repairs as any property owner or the City will perform the repairs and assess the cost accordingly. Mr. Manning then clarified a statement that had been made in the media concerning the approval rate of the public concerning the sidewalk issue. He disagreed that 98 percent of the community agreed with the program. Mr. Thorson responded by indicating that approximately two-thirds of the property owners who were sent proposed assessments have performed the necessary repairs. The remaining repairs will be formulated under a City contract with cost assessed to the adjacent property owners. L. C. Hennessey, 218 South Street, appeared and read an article to the Council. Ernie Boykin, 530 Hope Avenue, questioned the beer and liquor license that has been issued to Club Rendezvous, 829 East Fourth Street. It was explained that the first application was approved by the City Council and sent to the state and subsequently denied. The application was resubmitted in the form of a corporation and approved by the State of Iowa. Any changes in the law would need to be precipitated at the state level. A gentleman was present from Golden Acres Retirement Mobile Park concerning a recent article in the newspaper concerning garbage pickup. The property owners will now be assessed for garbage services that they have been receiving for many years. He did not quarrel with being charged for garbage but did quarrel with the fact that the property was never recorded at the time it was subdivided. The gentleman was urged to contact the City Attorney's office on Tuesday for follow-up information. Moved by Buck, seconded by Brown that the above comments be received and placed on file. Motion carried. November 6, 1989 Page 9 94782 - City Attorney Hugh Field stated that the purpose of discussion of labor strategy was a permitted subject of executive session as authorized by Iowa Code, Chapter 20.16. Moved by Buck, seconded by Wright that the Council adjourn to Executive Session. Ayes: Six. Absent: Dell. Motion carried. EXECUTIVE SESSION 94783 - Moved by Wright, seconded by Dell that the Council adjourn the Executive Session. Ayes: Six. Absent: Dell. Motion carried. 94784 - Moved by Buck, seconded by Wright that the Personnel Department be authorized to proceed with labor negotiations. Motion carried. ADJOURNMENT 94785 - Moved by Buck, seconded by Angel that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor