Loading...
HomeMy WebLinkAbout10/23/1989October 23, 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 October 23, 1989. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Mayor Bernard McKinley Pledge of Allegiance: Girl Scout Troop No. 115 --Tiffany Bovy, Crystal Wagner, Amanda Schmidt, Erin Brenna 94713 - Moved by Buck, seconded by Angel that the Agenda, as proposed, for the Regular Session on October 23, 1989, at 7:00 p.m. and the Minutes of the Regular Session on October 16, 1989, at 7:00 p.m., be accepted and approved. Motion carried. ADJOURNED HEARING 94714 - HOLD HEARING --The Mayor announced that the time had arrived for discussion on the request of Lockard Development, Inc. to rezone from "R-2" One and Two Family Residence District to "C-2" Commercial District property generally located between Fletcher (formerly Cleveland Street) and Howrey Avenues, south of Janney Avenue. Bob Stevenson, City Planner, stated that Lockard Development, Inc. has requested a change of the original rezoning request from "R-2" One and Two Family Residence District to "C-2" Commercial District/"C-Z" Conditional Zoning. Intended uses for the property include business and office/retail. The site plan and building elevation proposals have been presented. Mr. Stevenson reported that the Planning, Programming and Zoning Commission will be meeting on November 13, at which time a recommendation will be presented to the City Council. He also suggested that the Council set a date of hearing for November 13 to allow the recommendation from the Commission to be presented at that time. Moved by Budak, seconded by Buck that the hearing be adjourned, the above comments 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 request of Lockard Development, Inc. to rezone from "R-2" One and Two Family Residence District to "C-2" Commercial District/"C-Z" Conditional Zoning property generally located between Fletcher and Howry Avenues, south of Janney Avenue", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-572. HEARINGS 94715 - Moved by Angel, seconded by Wright that proof of publication of notice of public hearing and notice to bidders for Greenhill Road Pedestrian/Bikeway Facility, IX -6585(9)--79-07, as published in the Waterloo Courier on October 17, 1989, be received and placed on file. Motion carried. 94716 - 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 Buck that "Resolution authorizing to proceed on said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-573. Page 2 October 23, 1989 PETITIONS FROM PUBLIC 94717 - Moved by Dell, seconded by Buck that communication from Assistant City Engineer transmitting blasting permit request of Barbarossa Blasting in conjunction with F.Y. 1990 Intercity Interceptor, Stage VII, West Fifth to Pumping Station, Contract No. 377, together with recommendation of approval, be received, placed on file and approved. Motion carried. DOCUMENTS 94718 - Moved by Budak, seconded by Brown that communication from Transportation Program Manager transmitting recommendation on award of contract for appraisal services with Al Little of Appraisal Services of Waterloo, Iowa in the amount of $300.00 in conjunction with Hackett Road, IX -6585(7)--79-07, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-574. 94719 - Al Manning, 919 Fairview, questioned the proposed payment of $114,000 to Brice, Petrides -Donohue in conjunction with the engineering design services contract. In reviewing payments to Brice, Petrides -Donohue during the last fiscal year, a total of $1,283,466 was paid in 35 warrants to the firm. So far this fiscal year, the company has been paid $571,551.92. He questioned the need to spend this amount of money on engineering services when we have an engineering staff. Eric Thorson, City Engineer, stated that the type of engineering services that are contracted out are for special projects. The expertise that is needed for these projects would require many different types of engineers. Currently, the Engineering Office has only two licensed engineers. In the past, the City Council has set a policy to use local companies when possible. Local engineering firms are used on a rotating basis on projects for which they are qualified. Mayor McKinley also stated that the low bid for consulting services is not always the best bid. He also indicated that the City does distribute engineering projects to local firms. Moved by Budak, seconded by Brown that communication from Public Works Director transmitting engineering design services contract with Brice, Petrides -Donohue in conjunction with Phase I, Step II Improvements to Wastewater Treatment Facility, together with recommendation of approval of the Public Works Committee, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-575. RESOLUTIONS TO BE ADOPTED 94720 - Moved by Wright, seconded by Brown that "Resolution amending Resolution No. 1989-49, which established parking regulations in the Central Business District in the City of Waterloo (establishing handicapped parking space in mid -block of Sycamore Street)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-576. October 23, 1989 Page 3 ORDINANCES TO BE ADOPTED 94721 - Moved by Buck, seconded by Dell that "an Ordinance amending the 1988 Traffic Code by repealing Subsection (6) Black Hawk Road under Section 2 of Section 569, Truck Traffic Prohibited on Certain Streets; and by enacting in lieu thereof a new Subsection (6) Black Hawk Road under Section 2 of Section 569, Truck Traffic Prohibited on Certain Streets (truck embargo on Black Hawk Road between Oriole Avenue and Katoski Drive)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 94722 - Moved by Brown, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 94723 - Moved by Fox, 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: Seven. Motion carried. 94724 - Moved by Angel, seconded by Buck that "an Ordinance amending the 1988 Traffic Code by repealing Subsection (6) Black Hawk Road under Section 2 of Section 569, Truck Traffic Prohibited on Certain Streets; and by enacting in lieu thereof a new Subsection (6) Black Hawk Road under Section 2 of Section 569, Truck Traffic Prohibited on Certain Streets (truck embargo on Black Hawk Road between Oriole Avenue and Katoski Drive)", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3676. BILLS PAYMENT 94725 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-84, in the amount of $1,745,699.46, and Schedule W900, pp. 1-3, in the amount of $28,271.00, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-577. NEW BUSINESS 94726 - Moved by Budak, seconded by Brown that communication from Superintendent of Water Pollution Control transmitting recommendation of appointment of Brian Bowman to the position of Laboratory Technician I for the Water Pollution Control Plant, effective October 24, 1989, be received, placed on file and approved. Motion carried. 94727 - Moved by Budak, seconded by Brown that communication from Planning and Development Director transmitting appointment of Joyce Craft to the position of Secretary II for the Planning and Development Division, effective October 24, 1989, be received, placed on file and approved. Motion carried. 94728 - Moved by Budak, seconded by Brown that communication from City Planner transmitting recommendation of appointment of Jeff Bales to the position of Associate Engineer for the Transportation Department of the Planning and Development Division, effective October 24, 1989, be received, placed on file and approved. Motion carried. October 23, 1989 Page 4 NEW BUSINESS 94729 - Moved by Budak, seconded by Brown that communication from Clerk/Auditor transmitting recommendation of appointment of Melanie Lloyd to the position of Parking Enforcement Officer, subject to passage of physical examination, be received, placed on file and approved. Motion carried. 94730 - Moved by Budak, seconded by Brown that communication from Public Works Director transmitting recommendation of promotion of Robert Decker II from Refuse Collector at the Sanitation Department to Equipment Operator I for Public Works/Street/Operation Pride Program, effective immediately, be received, placed on file and approved. Motion carried. Travel Requests 94731 - Moved by Fox, seconded by Wright that the following travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Rich Earles, Neighborhood Planner, to attend Urban Design Review Workshop in Philadelphia, Pennsylvania on November 9-10, 1989, with costs not to exceed $1,154.50. Motion carried. MISCELLANEOUS 94732 - Moved by Fox, seconded by Wright that the following beer and liquor licenses be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department and cigarette license application and application for fireworks display be received, placed on file and approved: 1. Beer License Permit Application Class C Metro "66" #4, 701 Franklin Street (Renewal) (Expires 11/1/90) (Includes Sunday Sales) 2. Beer & Liquor License Permit Application Class C The Jet Tavern, 451 West Parker (New Owner) (Expires 11/1/90) (Includes Sunday Sales) El Charro, 302 West 4th Street (Renewal) (Expires 11/9/90) (Includes Sunday Sales) Cigarette License Application One (1) Application for Fireworks Display Becker -Chapman Post 138 American Legion --November 11, 1989 at Waterloo Veterans Memorial Hall Motion carried. BONDS 94733 - Moved by Angel, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through October 23, 1989, be received, placed on file and report and bonds approved. Motion carried. October 23, 1989 Page 5 ORAL PRESENTATIONS 94734 - Mayor McKinley announced that October 22-29 is Drug Awareness Week and encouraged all persons to wear a red ribbon in recognition of this week. Red ribbons were available for the public. Vonnie Jackson, 1838 Howard Avenue, drew the Council's attention to an article in the October 21, 1989 issue of the Des Moines Register concerning IBP. She made copies available to the Council. Ernie Boykin, 530 Hope Avenue, asked the status of the Adult Entertainment Ordinance. Ms. Boykin was informed that the Council had adopted the Adult Entertainment Ordinance earlier in the year. A copy will be sent to her. Councilperson Fox inquired whether or not any future intersection improvements were planned for the intersection of Airline Boulevard and Airline Highway. It has been brought to his attention that this presents a serious traffic hazard. Bob Stevenson, City Planner, stated that the staff will take a look at traffic counts in the area and report back to the Council. Bob Maledy, 111 South Street, questioned the design of the Wellington connection in conjunction with the Relocated 218 project. Bob Stevenson, City Planner, stated that the City of Waterloo and the State of Iowa are negotiating on the design of this intersection. A final design will be brought to the City Council for its formal approval. Mr. Maledy also questioned whether the Interim Planning Overlay District (I -POD) will regulate zoning and site plan requests. He also questioned the San Diego Design Ordinance that was used by the City in developing the I -POD. He also questioned the designation of the Mullan House on the Historical Register. Mayor McKinley stated that he had proposed that an historical district be designated in the area of the Mullan House. The Historical Preservation Commission has begun to designate this area, which will be beneficial to the total City. Mr. Maledy insisted that the State Historical Society knew nothing about the designation of the Mullan House as an historical site. It was explained to Mr. Maledy that this house has been petitioned for placement on the Historical Register, but several items must be completed before its official designation. Once the State of Iowa has approved the designation, the City Council will then approve a formal application. Dave Van Dee, speaking as a staff person for the Historical Preservation Commission, stated that the Commission had reviewed the request of the Mullan House to be designated as an historical site. Mr. Maledy disagreed with the handling by the City of Mr. Hubbard's garage and home improvements. Mayor McKinley read a letter that the City has received from Mr. Hubbard concerning the question of construction of a garage on Mr. Maledy's property. No official action was taken by the City Council on this matter. Moved by Buck, seconded by Wright that the above comments be received and placed on file. Motion carried. HEARING 94735 - Moved by Angel, seconded by Wright that the request of Rose Duncan to appeal the Cat and Dog Ordinance No. 2967, be received and placed on file. Motion carried. 94736 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Sharon Spears, Animal Control Officer, explained that on October 11, 1989, she and Animal Control Officer Carmen Shader and Office Richard Voyek went to October 23, 1989 Page 6 Hearing - continued 219 Western Street. The purpose of their visit was to inform Rose Duncan, owner of a German shepherd/pit bull dog, that the animal be quarantined. The dog had previously bitten a person and City Ordinance requires that the dog be quarantined for 14 days. After arriving at the home, Mrs. Duncan presented the dog to Officer Voyek, and the dog subsequently bit Animal Control Officer Sharon Spears. The dog has since been confined to the Black Hawk County Humane Society. On October 25, 1989, the quarantine period ends. Rose Duncan was asked to make a statement to the Council, but did not wish to do so. Moved by Brown, seconded by Buck that the action of the Animal Control Officer be upheld. Ayes: Seven. Motion carried. 94737 - City Attorney Hugh Field stated that the purpose of discussion of litigation strategy was a permitted subject of the executive session as authorized by Iowa Code, Chapter 20.16. Moved by Buck, seconded by Wright that the Council adjourn to Executive Session. Ayes: Seven. Motion carried. EXECUTIVE SESSION 94738 - Moved by Fox, seconded by Wright that the Council adjourn the Executive Session. Ayes: Seven. Motion carried. 94739 - Moved by Fox, seconded by Wright that the reconsideration of the request of Flowerama of America, Inc. to place a building at the northwest corner of the intersection of Kimball and Ridgeway Avenues be placed on the City Council agenda of November 6, 1989. Ayes: Seven. Motion carried. ADJOURNMENT 94740 - Moved by Wright, seconded by Buck that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor