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HomeMy WebLinkAbout09/18/1989September 18, 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 September 18, 1989. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Mayor Bernie McKinley Pledge of Allegiance: Girl Scout Troop No. 242 94509 - Moved by Angel, seconded by Wright that the Agenda, as amended, for the Regular Session on September 18, 1989, at 7:00 p.m., and the Minutes of the Regular Session on September 11, 1989, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 94510 - Moved by Dell, seconded by Budak that proof of publication of notice of public hearing on plans, specifications, form of contract, etc., for the exterior improvements to the former East Side Library, as published in the Waterloo Courier on September 6, 1989, be received and placed on file. Motion carried. 94511 - 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 Fox that "Resolution confirming the approval of plans, specifications, form of contract, etc., in conjunction with said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-493. 94512 - It was announced that no bids had been received for said project. There are currently are no contractors available for said work, which speaks well of the Metro economy; however, it was reported that it is necessary that some of the exterior repairs be done before winter. It was the recommendation of the Planning, Programming and Zoning Commission staff that this improvement project be referred to the Building and Grounds Committee with the recommendation that authorization be given to informally contract exterior improvements including tuckpointing and window repair. Moved by Wright, seconded by Buck that said exterior improvements to the former East Side Library be referred to the Building & Grounds Committee with a recommendation to proceed with the necessary exterior improvements prior to winter. Ayes: Seven. Motion carried. 94513 - Moved by Wright, seconded by Angel that proof of publication of notice of public hearing on plans, specifications, form of contract, etc., for renovation of the first floor of City Hall, as published in the Waterloo Courier on September 1, 1989, be received and placed on file. Motion carried. 94514 - 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 "Resolution confirming the approval of plans, specifications, form of contract, etc., in conjunction with said project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-494. September 18, 1989 Page 2 Hearings and Bids - continued 94515 - Moved by Buck, seconded by Fox that "Resolution ordering construction", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-495. 94516 - Moved by Fox, seconded by Angel to receive, file and instruct Clerk/Auditor to open and read bids and refer to Architect for review and recommendation (award delayed until 9/25/89): Bidder Bid Bond Bid + Alternate #1 - Alternate #2 Paul G. Christensen 5% $48,516.00 $6,990.00 $1,000.00 Const. Co. Don Gardner Const. Co. 5% $37,451.00 $7,700.00 No charge Motion carried. HEARINGS 94517 - Moved by Budak, seconded by Brown that proof of publication of notice of public hearing on amendments to the Calendar Year 1989 Waterloo Water Works Budget, as published in the Waterloo Courier on September 8, 1989, be received and placed on file. Motion carried. 94518 - 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 Angel that the hearing be closed. Motion carried. 94519 - Moved by Budak, seconded by Wright that "Resolution amending the current budget for the calendar year ending December 31, 1989 of the Waterloo Water Works", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-496. UNFINISHED BUSINESS 94520 - The Mayor announced that the time had arrived for discussion on the site plan amendment for Flowerama to be located at Kimball Ridge Shopping Center. Bob Stevenson, City Planner, summarized the Planning, Programming and Zoning Commission's recommendation of August 14, 1989 to approve the site plan for said project. The Commission found that the proposed building to set back from both streets ten feet more than the minimum standards for an "S-1" Shopping Center Zoning area. Even though the existing stores and shops are at a greater setback, the Commission found that the reduction of parking spaces caused by the building did not reduce the total parking below the maximum for the entire shopping center as per the zoning ordinance requirement. Al Frerichs, representing Hurst Holding Company and owner of Kimball Ridge, asked if the site plan conforms with City ordinance. It was his understanding that the site plan was in total compliance with the City requirements. He also stated that they wish to proceed with the project since they have experienced considerable delay in project approval and the construction season is drawing short. Max Kirk, attorney representing Flowerama, stated that the Flowerama concept for their stores' locations is a free-standing location. He stated that this proposed location does not hinder the view of the corner traffic. Kirk continued that the corner location is based on a sophisticated survey showing the areas that will succeed for the retail trade of Flowerama. Assistant City Attorney Molly Frazer stated that the Council did have power to disapprove, alter or approve the request as presented. September 18, 1989 Page 3 Unfinished Business - continued Dr. James Raecker, Waterloo Dental Associates, 2102 Kimball Avenue, suggested that if the Council approves this request, similar requests for developments closer to Kimball could block the view of the existing shopping center. Bob Wick, Director of Marketing for Flowerama, stated that the site plan meets the requirements of the ordinance. He further stated that Flowerama needs to go into a separate location based on the fact that 90 percent of Flowerama traffic is walk-in traffic. This compares with a normal florist's traffic being 85 percent telephone orders. Moved by Fox, seconded by Wright that communication from City Planner transmitting 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, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said site plan amendment request", be adopted. Ayes: Fox, Wright. Nays: Five. Motion not carried. PETITIONS FROM PUBLIC 94521 - Moved by Brown, seconded by Angel that communication from City Planner transmitting 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, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as October 9, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-497. 94522 - Moved by Brown, seconded by Angel that communication from City Planner transmitting request of Dick Witham Crossroads Ford to vacate, sell and convey the easterly 15 feet of LaPorte Road adjoining their property, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as October 9, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-498. 94523 - Moved by Brown, seconded by Angel that communication from City Planner transmitting request of Johnson's Bakery, Inc. to vacate, sell and convey the southerly four (4) feet of Wellington Court adjoining their property, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as October 9, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-499. 94524 - Moved by Brown, seconded by Angel that communication from City Planner transmitting request of Lewis Systems of Iowa, Inc. to vacate City sidewalk in the vicinity of West Parker and David Streets, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as October 2, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-500. September 18, 1989 Page 4 Petitions from Public - continued 94525 - Moved by Brown, seconded by Angel that communication from City Planner transmitting request of John Todalen to vacate a portion of the sidewalk adjoining his property at 1230 Avon Avenue, together with recommendation of denial of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as October 2, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-501. 94526 - Moved by Brown, seconded by Angel that communication from City Planner transmitting request of Flowerama for a post sign to be located at the northeast corner of the intersection of Kimball and Ridgeway Avenues, together with recommendation of denial of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as October 2, 1989 at 7:00 p.m. on the above described request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-502. REPORTS 94527 - Moved by Dell, seconded by Angel that Waterloo Housing Authority Ridgeway Towers and Section 8 Existing Housing Certificate Program --September 1989, be received and placed on file. Motion carried. DOCUMENTS 94528 - Moved by Angel, seconded by Dell that communication from Transportation Program Manager transmitting Certificate of Completion and Final Acceptance of Agreement Work for work performed by Brice, Petrides -Donohue Co. in conjunction with Ansborough Bridge, IX -6615(4)--79-07, together with recommendation of approval, be received, placed on file and "Resolution approving said document", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-503. 94529 - Moved by Angel, seconded by Dell that communication from Transportation Program Manager transmitting Change or Extra Work Order No. 1 for a net increase of $6,903.36 for installation of traffic signals at the intersection of Kimball Avenue and Park Lane in conjunction with Traffic Signals at Park Lane and Kimball Avenue, IX -6641(4)--79-07, be received, placed on file and approved and Mayor authorized to execute same. Motion carried. RESOLUTIONS TO BE ADOPTED 94530 - Moved by Budak, seconded by Dell that "Resolution dedicating the former Chicago & North Western Transportation Company right-of-way extending from University Avenue to West Shaulis Road as public right-of-way for use as a future bikeway", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-504. 94531 - Moved by Budak, seconded by Dell that "Resolution authorizing acquisition contract payment and accepting of deed for a 20 foot permanent easement along the southerly property line of Agremp for improvements to the storm water drainage for the Cloverdale area as well as the Agremp property", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-505. a I September 18, 1989 Page 5 Resolutions to be Adopted - continued 94532 - The Mayor announced that the time had arrived for discussion on the designation of Martin Luther King Day as a holiday for City employees. Councilperson Dell indicated that this action is of great significance to many people in this town and that 99.9 percent of Waterloo's black citizens are in favor of such action. Mayor McKinley stated that the designation of Martin Luther King as a holiday for City employees has been one of the Council's priorities during goal setting sessions. He also noted that Waterloo has the largest concentration of black people of any large city in the State. Moved by Wright, seconded by Angel that "Resolution authorizing Martin Luther King Day as a holiday for all City employees", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-506. 94533 - Moved by Budak, seconded by Dell that "Resolution canceling taxes and assessments for the west 22 feet of Lot No. 12, Block No. 8 in Hagerman Place in the City of Waterloo for property acquired in conjunction with Ansborough Avenue North Reconstruction Project," be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-507. 94534 - Moved by Budak, seconded by Dell that "Resolution authorizing issuance of Wheaton Franciscan Services, Inc. System Revenue Bonds, Series 1989 (Covenant Medical Center, Incorporated)", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-508. ORDINANCES TO BE ADOPTED 94535 - Moved by Brown, seconded by Wright that "an Ordinance amending the 1988 Traffic Code by repealing Subsection (171) Logan Avenue of Section 551, Parking Prohibited At All Time on Certain Streets; and by enacting in lieu thereof a new Subsection (171) Logan Avenue of Section 551, Parking Prohibited At All Times on Certain Streets; and by adding Subsection (251a) Sergeant Road to Section 551, Parking Prohibited At All Times On Certain Streets (Prohibiting parking on Logan Avenue and Sergeant Road)", be received, placed on file, and action delayed one (1) week. Ayes: Seven. Motion carried. 94536 - The Mayor announced that the time had arrived for discussion on the Skateboard Ordinance. Moved by Dell, seconded by Wright that "an Ordinance amending the 1988 Traffic Code by adding Section 417, Skateboarding", be received, placed on file, considered and passed for the first time. Before the above motion was voted on, the following amendment was offered. 94537 - Moved by Budak, seconded by Brown that the ordinance be amended to allow skateboarding within designated City parks. Ayes: Seven. Motion carried. A vote was taken on the original motion, as amended, with the following results: Ayes: Seven. Motion carried. 94538 - Moved by Dell, seconded by Brown that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. September 18, 1989 Page 6 Ordinances to be Adopted - continued 94539 - Moved by Fox, seconded by Wright that the following ordinance be recorded as having been considered and passed for the second and third times and now placed on its final adoption. Ayes: Seven. Motion carried. 94540 - Moved by Brown, seconded by Wright that "an Ordinance amending the 1988 Traffic Code by adding Section 417, Skateboarding", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3663. BILLS PAYMENT 94541 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-42, in the amount of $457,082.80, and Schedule W900, pp. 1-5, in the amount of $72,637.00, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Abstain: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-509. NEW BUSINESS 94542 - Moved by Buck, seconded by Brown to instruct City Engineer to prepare plans, specifications, form of contract, etc. for F.Y. 1990 Intercity Interceptor, Stage VII, West Fifth to Pumping Station, Contract No. 377, be received and placed on file. Motion carried. 94543 - Moved by Buck, seconded by Brown that plans, specifications, form of contract etc., for F.Y. 1990 Intercity Interceptor, Stage VII, West Fifth to Pumping Station, Contract No. 377, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-510. 94544 - Moved by Buck, seconded by Brown that "Resolution setting date of hearing on plans, specifications, form of contract, etc., and taking of bids as City Hall Council Chambers on F.Y. 1990 Fifth to Pumping Station, Contract No instructed to publish notice of hearing October 9, 1989, at 7:00 p.m. in the Intercity Interceptor, Stage VII, West . 377", be adopted and Clerk/Auditor accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-511. Travel Request 94545 - Moved by Wright, seconded by Buck that the following travel request, with expenses be received, placed on file and approved: not to exceed amount shown, 1. Evelyn Russell, Clerk III, to attend a Magnetic Tape Seminar in Omaha, Nebraska, September 20-21, 1989, with costs not to exceed $122.72. Motion carried. MISCELLANEOUS 94546 - Moved by Wright, seconded by Buck that the following applications for beer and liquor placed on file and approved and endorsed applications Beer and Liquor Control Department: licenses be received, forwarded to the Iowa • September 18, 1989 Page 7 Miscellaneous - continued 1. Beer License Permit Application Class B Pizza Hut, 1130 Ansborough Avenue (Renewal) (Expires 11/9/90) (Includes Sunday Sales) Shakey's Pizza, 106 Brookeridge (New) (Expires 9/22/90) (Includes Sunday Sales) Pizza Hut, 714 LaPorte Road (Renewal) (Expires 11/9/90) (Includes Sunday Sales) 2. Beer & Liquor License Permit Application Class C China Star Restaurant, 360 East Ridgeway Avenue (Renewal) (Expires 10/2/90) (Includes Sunday Sales) The Dispensary, 2122 Kimball Avenue (Renewal) (Expires 10/1/90) Caseys 218 Pub, 4010-4014 University (Renewal) (Expires 10/1/90) (Includes Sunday Sales) Loading Dock, 1435 Sycamore Street (Renewal) (Expires 9/24/90) (Includes Sunday Sales) T J Company, 3850 West Airline Highway (Renewal) (Expires 9/25/90) Motion carried. BONDS 94547 - Moved by Angel, seconded by Brown that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through September 18, 1989, be received, placed on file and bonds approved. Motion carried. ORAL PRESENTATIONS 94548 - Tim Sherwood stated that the young people of the community would like the City of Waterloo to participate in a facility for skateboarding. Sherwood presented a letter from a lady in Waverly who started the skateboard operation there. He continued that the rent for the building was paid for by charging participants to skate in the operation. Mayor McKinley stated that he was prepared to put together a committee to look into the proposed skateboard facility. The Mayor asked Sherwood if he would be willing to serve on the committee. Sherwood stated that he would. Councilperson Dell stated that as Chairman of the Public Safety Committee, he would see that something was accomplished by next spring. Councilperson Dell questioned a problem area with a pumping station on Northey Street. Dell asked if the staff could look into that situation. Moved by Buck, seconded by Brown to receive and place on file the above comments. Motion carried. ADJOURNMENT 94549 - Moved by Buck, seconded by Brown that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor