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HomeMy WebLinkAbout08/28/1989The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 7:00 p.m. on August 28, 1989. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Mayor Bernard L. McKinley Pledge of Allegiance: J. D. Fallis, Associate Engineer 94410 - Mayor McKinley read a proclamation declaring August 28 -September 4 as Stars and Stripes Week in conjunction with U.S. Jaycees. Carl Chalstrom, President of the Waterloo Jaycees, presented a flag to the City of Waterloo commemorating Stars and Stripes Week. Cheryl Scholl and Jane Martin, employees of the Waterloo Public Library, were awarded a Service Above Self Award. Cheryl and Jane were recognized for their work on the rededication of the Five Sullivan Brothers Convention Center. The rededication was recognized by CBS News in a recent program which highlighted communities' activities honoring veterans. These employees' efforts were instrumental in this event which occurred in November, 1988. Mayor McKinley recognized Girl Scouts from Troop 327, Central Intermediate School. 94411 - Moved by Buck, seconded by Fox that the Agenda, as proposed, for the Regular Session on August 28, 1989, at 7:00 p.m. and the Minutes of the Regular Session on August 21, 1989, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 94412 - Moved by Dell, seconded by Angel that proof of publication of notice of public hearing on plans, specifications, etc. on F.Y. 1989 Independence Avenue Area Storm Sewer Improvements - Phase 2, Contract No. 373, as published in the Waterloo Courier on August 11, 1989, be received and placed on file. Motion carried. 94413 - 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 Wright 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. 1989-458. 94414 - Moved by Angel, seconded by Brown that "Resolution ordering construction", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-459. 94415 - Moved by Buck, seconded by Wright to receive, file and instruct Clerk/Auditor to open and read bids and refer to the City Engineer for review and recommendation: Bidder Rampart Corp. Weicher's Constr. Winmor Constr. Bid Bond Division 1 5% $ 78,126.80 5% 90,029.50 5% 111,640.50 Division 1+2 Assistant City Engineer Dennis Gentz asked that delayed for one (1) week. Motion carried. $ 81,966.80 93,714.00 115,240.50 the award of Division 1+3 $ 84,240.80 95,849.70 117,340.50 contract be August 28, 1989 Hearings and Bids - continued 94416 - Moved by Fox, seconded by Dell Page 2 that proof of publication of notice of public hearing on request of Dave Hershberger to sell and convey property generally located on the north side of Locke Street, west of Texas Street, as published in the Waterloo Courier on August 18, 1989, be received and placed on file. Motion carried. 94417 - 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 Dell 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. 94418 - Moved by Brown, seconded by Angel that "Resolution authorizing sale and conveyance of property generally located on the north side of Locke Street, west of Texas Street to Dave Hershberger in the amount of $927.00", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-460. 94419 - Moved by Budak, seconded by Wright that proof of publication of notice of public hearing on request of Dave Hershberger to sell and convey vacated Easton Avenue located between I-380/218 and Texas Street, as published in the Waterloo Courier on August 18, 1989, be received and placed on file. Motion carried. 94420 - 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 the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission be received and placed on file. Motion carried. 94421 - Moved by Fox, seconded by Angel that "Resolution authorizing sale and conveyance of vacated Easton Avenue located between I-380/218 and Texas Street to Dave Hershberger in the amount of $11,073.70", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-461. 94422 - Moved by Angel, seconded by Brown that proof of publication of notice of public hearing on site plan request of Wal-Mart Store to be located on the south side of Flammang Drive and along the east side of Alexandra Drive, as published in the Waterloo Courier on August 22, 1989, be received and placed on file. Motion carried. 94423 - 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 Dell 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. August 28, 1989 Page 3 Hearings - continued 94424 - Moved by Buck, seconded by Angel that "Resolution approving site plan request of Wal-Mart Store to be located on the south side of Flammang Drive and along the east side of Alexandra Drive", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-462. 94425 - Moved by Budak, seconded by Wright that proof of publication of notice of public hearing on 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 as published in the Waterloo Courier on August 22, 1989, be received and placed on file. Motion carried. 94426 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Vern Reicherts, a business owner in the Kimball Ridge Shopping Center, objected to the proposed Flowerama site. He presented a visual aid indicating the site distances from each of the corners with and without the proposed Flowerama building. He also reported that there are currently 286 stalls in the Kimball Ridge site. With the Flowerama, approximately 25 stalls will be eliminated, leaving a total of 261 stalls. The current zoning ordinance requires a minimum of 269 stalls. Don Temeyer, Planning and Development Director, reported that there are 267 existing stalls, including 6 employees' stalls in the rear of the building. It may be possible that two additional spots can be added to the site plan. Jim Zarifis, a business owner in the Kimball Ridge Shopping Center, also objected to the proposed Flowerama. Mary Ellen Molinaro objected. She asked what would be done with garbage and whether a dumpster would be placed on the outside creating an unsightly appearance. Bob Witt, Marketing Director for Flowerama, reported that they are a national firm with headquarters in Waterloo. He stated that the new business would increase City tax revenues, employ at least ten people, and increase walk-in business at the other stores in the shopping center. He also stated that the company's marketing approach is to locate their building within 30 feet of a busy intersection. This setback is necessary in order for them to locate at the intersection. He also expressed surprise that property owners were now objecting to the request when Flowerama had previously met with the merchants and no objections were expressed at that time. James Walsh, Jr., attorney for the Kimball Ridge business owners, stated that there are alternative sites in the community for such a business. He also explained that the business would create the need for unsightly dumpsters and delivery trucks. He also stated that snow from the shopping center parking lot is stored where the proposed Flowerama would be located. Bruce Radue, Schenk Engineering, stated that years ago when the site plan was approved by the City Council, 315 parking spaces were shown on the plan, even though now the number has been reduced. Don Hurst, owner of the property, recommended that the Council approve the request since it will promote growth in the community. He also expressed surprise at the number of objections by business owners in the area. Don Temeyer, Planning and Development Director, stated that the Planning, Programming and Zoning Commission had recommended approval of the request, but that staff had recommended denial. Don Hurst also reported that Joe Nutting, Carpenters Restaurant and Varsity Cleaners, welcomed the new business. August 28, 1989 Page 4 Hearings - continued Councilperson Wright asked for explanation of the word "strip mall". Moved by Buck, seconded by Wright that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning Commission and oral comments be received and placed on file. Motion carried. 94427 - Moved by Budak, seconded by Buck that the site plan for Flowerama Store to be located in the Kimball Ridge Shopping Center located at the northwest corner of Kimball Avenue and Ridgeway Avenue, be received, placed on filed and referred back to the Planning, Programming and Zoning Commission for re-evaluation. Ayes: Seven. Motion carried. PETITIONS FROM PUBLIC 94428 - Moved by Brown, seconded by Fox that communication from City Engineer transmitting request of Robert Bradford of Bearing Service Company, Inc. to pave the parking along property located along West 17th Street, be received, placed on file and approved. Motion carried. 94429 - Moved by Brown, seconded by Fox that communication from City Planner transmitting request of Comfort Inn for a waiver of the building moratorium on Relocated U.S. 218 Corridor for property located adjacent to Burger King at LaPorte Road and San Marnan Drive, together with recommendation of approval of Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as September 11, 1989 at 7:00 p.m. in the City Hall Council Chambers on the above request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-463. UNFINISHED BUSINESS 94430 - Moved by Buck, seconded by Wright that communication from City Engineer transmitting recommendation to proceed with sidewalk repairs on Poplar Street, Maplewood and Riverside Drive in conjunction with F.Y. 1990 Sidewalk Repair Program --Zone 1, Contract No. 382, be received, placed on file and approved. Prior to a vote on this motion, the following comments were heard. Dennis Gentz, Assistant City Engineer, reported that it was the recommendation of the City Engineer's Office that the 400 block of Poplar Street, the 200 and 300 block of Maplewood, and the 900 block of Riverside Drive be included in the Sidewalk Repair Program. He also reported that the streets in the area are in reasonably good condition. There are no plans to reconstruct them in the foreseeable future. Councilperson Angel stated that she did not feel that the City could apply the same standards to this area as to the other areas of the community since the sidewalk and street are side by side and in some cases, the sidewalks are used as City streets. Councilperson Brown stated that he had some concern with Councilperson Angel's position on this item. Donna Hansen, a resident of Poplar Street, reiterated that the street was in bad repair and should be fixed before the sidewalk repairs are completed. City Attorney Hugh Field stated that the City may in fact be liable for any injuries from the sidewalks in this area since the City would be applying different standards to this area than other portions of the community. • August 28, 1989 Page 5 Unfinished Business - continued Jim Lindsey, Community Development Administrator, stated that the streets in the area were funded and constructed with Urban Renewal Funds. The area would no longer classify for federal assistance. A resident stated that the street condition may speed up the deterioration of the sidewalks. Scott Harvey, 700 Riverside Drive, asked the procedure on removal of the sidewalks. Don Temeyer stated that a sidewalk could be vacated by the City if it were found that it was not necessary for pedestrian traffic. Each area will be examined on its own merits. A resident at 203 Maplewood Drive objected to the proposed sidewalk program. Councilperson Wright withdrew her second on the motion. Mayor McKinley called for a second on the motion to proceed with the sidewalk repairs as described above, but failed to receive one. The motion died for lack of a second. REPORTS 94431 - Moved by Buck, seconded by Wright that the Year Ending June 30, 1988 Auditor's Report for Municipal Sanitary Sewage Utility be received and placed on file. Motion carried. 94432 - Wilson Saunders questioned the City's monetary obligation to make the repairs at the Chicago Central & Pacific Railroad grade crossing repair on East Fourth Street. Don Temeyer, Planning and Development Director, stated that this agreement is like several others that have been completed in the City including Fletcher and Ansborough Avenues railroad crossings. Moved by Buck, seconded by Wright that communication from City Engineer transmitting recommendation on East Fourth Street and Chicago Central & Pacific Railroad grade crossing repairs, be received, placed on file and the City Engineering Department be authorized to pursue an agreement with said Railroad. Motion carried. 94433 - The following discussion was heard on the proposed Gateway Committee recommendations with regard to the R/UDAT report. Kathy Oberle, 710 Forest Avenue, objected to the priority of the City hiring an Urban Design Consultant to assist in the corridor development. She stated that the City probably has someone on staff who could perform this work for much less money. Mayor McKinley responded that the City must go forward in meeting its needs and prioritize those things that are most important. Moved by Buck, seconded by Wright that communication from City Planner transmitting proposed Gateway Committee recommendations with regard to the R/UDAT report on the U.S. 218 Corridor as follows: 1) To continue with the established lettings of the Relocated 218 project, including minor changes for bikeway, detention drainage basin and landscaping, 2) That the City Council authorize that the staff pursue proposals and contracting with an urban design consultant to assist in the corridor development, 3) That this consultant would work with the City of Waterloo Gateway Committee and the Iowa Department of Transportation, 4) That the contract of the consultant would not last longer than 90 to 120 days, and 5) That the cost of the consultant would not exceed $30,000 to $50,000 be received, placed on file and approved. Motion carried. August 28, 1989 Page 6 DOCUMENTS 94434 - Moved by Brown, seconded by Buck that communication from City Planner transmitting Final Plat of Crossroads Plat No. 3, together with Deed of Dedication, Report of City Engineer, and recoiu¢nendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said Final Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-464. 94435 - Moved by Brown, seconded by Buck that communication from Transportation Program Manager transmitting Certificate of Completion and Final Acceptance of Agreement Work for work performed by US West Communications in conjunction with Hackett Road Bypass, IX -6585(7)--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. 1989-465. 94436 - Moved by Brown, seconded by Buck that communication from Transportation Program Manager transmitting Certificate of Completion and Final Acceptance of Agreement Work for work performed by WestMarc Cable Group in conjunction with Hackett Road Bypass, IX -6585(7)--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. 1989-466. 94437 - Moved by Brown, seconded by Buck that communication from Transportation Program Manager transmitting Addendum to Pre -Construction Agreement with Iowa Department of Transportation in conjunction with Relocated 218, IX -218-7(96)--3P-07, for traffic signals and street lights from West Tenth Street to Hawthorne Avenue, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-467. RESOLUTIONS TO BE ADOPTED 94438 - Moved by Fox, seconded by Dell that "Resolution endorsing the North Elk Run Road Improvement Project and authorizing submission of a joint application with Elk Run Heights and Black Hawk County for R.I.S.E. funding", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-468. 94439 - Moved by Fox, seconded by Dell that "Resolution setting date of public hearing as September 5, 1989 at 7:00 p.m. in the City Hall Council Chambers to dispose of real property located at 121-1212 Quincy Street", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-469. 94440 - Moved by Fox, seconded by Dell that "Resolution approving the Municipal Street Finance Report to the Iowa Department of Transportation for the year ending July 1, 1988 to June 30, 1989 covering the various expenditures for the street and parking purposes on municipal streets and parking", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-470. August 28, 1989 Page 7 Resolutions to be Adopted - continued 94441 - Moved by Fox, seconded by Dell that "Resolution authorizing the submission of an application for R.I.S.E. funding in the amount of $758,400.00 for the paving of Martin Road", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-471. BILLS PAYMENT 94442 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-54, in the amount of $1,679,342.87, and Schedule W900, pp. 1-3, in the amount of $6,816.45, 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. 1989-472. NEW BUSINESS 94443 - Moved by Buck, seconded by Wright that the Clerk/Auditor be instructed to prepare plans, specifications, etc., for renovation of the first floor of City Hall be received and placed on file. Motion carried. 94444 - Moved by Buck, seconded by Wright to receive and file plans, specifications, etc. for the renovation of the first floor of City Hall and "Resolution preliminarily approving the same", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-473. 94445 - Moved by Buck, seconded by Wright that "Resolution setting date of hearing and taking of bids as September 18, 1989 at 7:00 p.m. in the City Hall Council Chambers on plans, specifications, etc., on the renovation of the first floor of City Hall", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-474. 94446 - Moved by Buck, seconded by Wright that communication from Superintendent of Water Pollution Control Plant transmitting recommendation of appointment of Keith Kearns to the position of Operator I at the Water Pollution Control Plant, with tentative starting date of September 18, 1989, be received, placed on file and approved. Motion carried. MISCELLANEOUS 94447 - Moved by Dell, seconded by Angel that the following application for beer and wine license be received, placed on file and endorsed application forwarded to the Iowa Beer and Liquor Control Department and cigarette license application be received, placed on file and approved: 1. Beer and Wine License Application Class E Quik Trip #526, 1976 Franklin Street (Renewal) (Expires 10/24/90) (Includes Sunday Sales) Cigarette License Applications One (1) Motion carried. August 28, 1989 Page 8 BONDS 94448 - Moved by Wright, seconded by Angel that the report of City Attorney and list of bonds filed with Clerk/Auditor through August 28, 1989, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 94449 - Rick Tagtow, Director of Parks and Forestry, reported that the Waterloo Diamonds set a new attendance record with 93,000 patrons this year. This is great considering the Diamonds are 21 games out of first place in the second half of the season! Forest Dillavou, 1725 Huntington Road, questioned the City's liability for City streets that are in bad condition as it compares to City sidewalks. Vonnie Jackson, 1838 Howard Avenue, questioned the City's use of its road use tax entitlement funds. Mayor McKinley reported that we receive approximately $3.2 million per year with approximately $2.8 million being used for operational purposes of the City. The remaining portion goes to street repair. Ms. Jackson questioned whether or not the properties would be assessed if the local option sales tax was passed. The Mayor responded that the City currently has no assessment program in place for repair of streets and most probably would continue this policy. Moved by Buck, seconded by Wright that the above oral presentations be received and placed on file. Motion carried. ADJOURNMENT 94450 - Moved by Buck, seconded by Wright that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor