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HomeMy WebLinkAbout08/21/1989The 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 21, 1989. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown. Invocation by: Councilperson Tony Budak Pledge of Allegiance: Michelle Temeyer, Deputy Clerk/Auditor 94373 - Moved by Wright, seconded by Fox that the Agenda, as proposed, for the Regular Session on August 21, 1989, at 7:00 p.m. and the Minutes of the Regular Session on August 14, 1989, at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS 94374 - Moved by Buck, seconded by Wright that proof of publication of notice of public hearing on request of Ryder Truck Stop, LaPorte Road and Locke Avenue, for a waiver of the building moratorium on Relocated U.S. Highway 218 Corridor to purchase vacated Easton Avenue to construct a truck stop, as published in the Waterloo Courier on August 15, 1989, be received and placed on file. Motion carried. 94375 - 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 Gateway Committee, be received and placed on file. Motion carried. 94376 - Moved by Fox, seconded by Angel that "Resolution authorizing waiver Highway 218 Corridor for Ryder Truck Resolution adopted and upon approval 94377 - Moved by Wright, seconded by Dell of building moratorium on Relocated U.S. Stop", be adopted. Ayes: Seven. by Mayor assigned No. 1989-437. that proof of publication of notice of public hearing on request of United Auto Workers Local 838 for a waiver of the building moratorium on Relocated Highway U.S. 218 Corridor to purchase a parcel of City -owned property located south of Mitchell Avenue to further develop their multi -functional labor park, as published in the Waterloo Courier on August 15, 1989, be received and placed on file. Motion carried. 94378 - 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 Brown that the hearing be closed and the recommendation of approval of the Gateway Committee, be received and placed on file. Motion carried. 94379 - Moved by Budak, seconded by Wright that "Resolution authorizing waiver of building moratorium on Relocated U.S. Highway 218 for United Auto Workers Local 838", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-438. 94380 - Moved by Angel, seconded by Fox that proof of publication of notice of public hearing on request of John Deere to construct a gatehouse 300 feet off of Westfield Avenue and Cleveland Avenue, as published in the Waterloo Courier on August 15, 1989, be received and placed on file. Motion carried. August 21, 1989 Hearings - continued 94381 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Page 2 Moved by Buck, seconded by Budak that the hearing be closed and the recommendation of approval of the Gateway Committee, be received and placed on file. Motion carried. 94382 - Moved by Dell, seconded by Fox that "Resolution authorizing waiver of building moratorium on Relocated U.S. Highway 218 for John Deere", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-439. 94383 - Moved by Fox, seconded by Buck that proof of publication of notice of public hearing on request of Prairie Construction Co., 321 West 18th Street, for a waiver to the building moratorium on Relocated U.S Highway 218 Corridor to rebuild a building and construct an addition to an existing building, be received and placed on file. Motion carried. 94384 - 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 Gateway Committee, be received and placed on file. Motion carried. 94385 - Moved by Buck, seconded by Wright that "Resolution authorizing waiver of building moratorium on Relocated U.S. Highway 218 Corridor for Prairie Construction Co.", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-440. UNFINISHED BUSINESS 94386 - Bill Lemke, 149 Madison Street, presented pictures of City Council and Mayor's homes which showed that only Councilperson Willie Mae Wright had sidewalks. He also advocated the use of "bike/walks", and removal of the obsolete transportation system of existing sidewalks. Moved by Buck, seconded by Fox that communication from City Engineer transmitting request for authorization to send out notifications to additional property owners of proposed sidewalk repairs in conjunction with FY 1990 Sidewalk Repair Program, Contract No. 382, together with cost estimates, be received, placed on file and "Resolution setting date of hearing as September 5, 1989, at 7:00 p.m. in the City Hall Council Chambers on proposed repairs", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-441. PETITIONS FROM PUBLIC 94387 - Moved by Wright, seconded by Angel that communication from City Planner transmitting site plan request of Wal-Mart Store for property located on the south side of Flammang Drive and along the east side of Alexandra Drive, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 28, 1989, at 7:00 p.m. in the City Hall Council Chambers on said request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-442. August 21, 1989 Page 3 Petitions from Public - continued 94388 - Moved by Wright, seconded by Angel that communication from City Planner transmitting site plan amendment request of Flowerama Store located in the Kimball Ridge Shopping Center for an additional building 30 feet from the Kimball and Ridgeway rights-of-way, elimination of some of the existing parking spaces and adding an additional post sign to the overall parking center site, together with recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution setting date of hearing as August 28, 1989, at 7:00 p.m. in the City Hall Council Chambers on said request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-443. 94389 - Moved by Wright, seconded by Angel that communication from City Planner transmitting request of Covenant Medical Center to rezone from "R-2" One and Two Family Residence District to "R-3" Multiple Residence District all lots on the south side of Acadia Street, together with recommendation of approval of the 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 said request", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-444. 94390 - Moved by Wright, seconded by Angel that communication from City Engineer transmitting request of Fred W. Button for a temporary concrete driveway to be located at 300 Ivanhoe Road, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-445. 94391 - Moved by Wright, seconded by Angel that communication from City Engineer transmitting request of Thomas J. Benak for temporary concrete driveway to be located at 201 Russell Road, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-446. DOCUMENTS 94392 - Moved by Budak, seconded by Fox that communication from Transportation Program Manager transmitting Certificate of Completion and Final Acceptance of Agreement Work for work performed by the Waterloo Water Works 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. 1989-447. 94393 - Moved by Budak, seconded by Fox that communication from Public Works Director transmitting Memorandum of Agreement with the City of Cedar Falls for the joint purchase of roadway deicing salt for the 1989/1990 winter season, 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. 1989-448. August 21, 1989 Page 4 Documents - continued 94394 - Moved by Budak, seconded by Fox that communication from City Planner transmitting Preliminary Plat of Crossroads Plat No. 3, together with Deed of Dedication, Report of City Engineer, and recommendation of approval of the Planning, Programming and Zoning Commission, be received, placed on file and "Resolution approving said Preliminary Plat", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-449. 94395 - Moved by Budak, seconded by Fox that communication from Transportation Program Manager transmitting recommendation on award of Appraisal Contract to Jones Appraisal Service of Cedar Falls, Iowa, for Group 1 and Group 2 in conjunction with Shaulis Road Reconstruction, IX -6470(3)--79-07, be received, placed on file and "Resolution approving said contracts", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-450. 94396 - Moved by Budak, seconded by Fox that communication from Planning and Development Director transmitting 28E Agreement with Black Hawk County for development of the North Elk Run Road project, 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. 1989-451. 94397 - Moved by Budak, seconded by Fox that communication from City Planner transmitting agreement with Gerald Schoenfelder for storm drainage in area between Alexandra Drive and Hess Road, lying south of Crossroads Boulevard, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-452. RESOLUTIONS TO BE ADOPTED 94398 - Moved by Fox, seconded by Brown that "Resolution dedicating the alleys located adjacent to Fletcher Avenue (formerly Cleveland Street), immediately north and south of Falls Avenue for public right-of-way", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-453. 94399 - Moved by Fox, seconded by Brown that "Resolution authorizing the acquisition contract payments and accepting of deeds for real property for Parcel No. 712 (Statesman Bank) and Parcel No. 823 (Ruby G. Knode), Sixth Street Extension, IX -6604(2)--79-07", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-454. 94400 - Moved by Fox, seconded by Brown that "Resolution approving variance to Noise Ordinance, Ordinance No. 3094, for Updowntown Saturday Night event scheduled for August 26, 1989 for the following: KCFI--located at Lincoln Park; KOEL--located at National Bank Park; KNWS--located at Paramount Park; KFMW--located at Holiday Inn - 4th Street area; and KOKZ--located at Lafayette Green", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-455. August 21, 1989 Page 5 BILLS PAYMENT 94401 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-60, in the amount of $870,023.96, and Schedule W900, pp. 1-9, in the amount of $141,196.00, 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. 1989-456. NEW BUSINESS 94402 - Moved by Brown, seconded by Angel that communication from City Planner transmitting amendment to Zoning Ordinance No. 2479, as amended, as it pertains to definitions and amending home occupation provision, together with recommendation of approval of the 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 described amendments", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-457. 94403 - Moved by Brown, seconded by Angel that communication from Public Works Director transmitting recommendation of appointment of Darwin Kupka to Sewer Maintenance Worker in the Water Pollution Control/Sewer Department, effective August 22, 1989, be received, placed on file and approved. Motion carried. Travel Requests 94404 - Moved by Buck, seconded by Wright that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Richard Carlson, Superintendent of Facilities, to attend Iowa Parks & Recreation Association Workshop in Coralville, Iowa on September 13 and 14, 1989, with costs not to exceed $115. 2. Al Holms and Ernest Clark, Investigators, to attend Narcotics Enforcement & Organized Gangs Course in Kansas City, Missouri on September 11-13, 1989, with costs not to exceed $360.00, including the use of City vehicle. 3. Stan Stapella, Fire Chief, to attend International Association of Fire Chiefs Conference in Indianapolis, Indiana on August 27-31, 1989, with costs not to exceed $958.00. 4. Tim Mrozek, Associate Engineer, to attend Workshop on Identification & Treatment of High Hazard Locations in Ames, Iowa on August 23-25, 1989, with costs not to exceed $128.00, including the use of City vehicle. Motion carried. Reconsideration of Travel Request 94405 - Councilperson Wright stated that the National Symposium for Firefighters Personal Protection in Forsyth, Georgia is approximately 200 miles away from Forsyth County where Blacks allegedly are not allowed. August 21, 1989 Page 6 Moved by Buck, seconded by Wright that the following reconsideration of travel request, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Larry Olson, Captain, to attend National Symposium for Firefighters Personal Protection in Forsyth, Georgia, on September 11-13, 1989, with costs not to exceed $1,000.00. Motion carried. MISCELLANEOUS 94406 - Moved by Buck, seconded by Wright that the following beer and liquor license applications, be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Control Department: 1. Beer License Permit Application Class C Kerr McGee, 2100 Lafayette Street (Renewal) (Expires 9/24/90) (Includes Sunday Sales) 2. Beer & Wine License Permit Application Class E Quik Trip #536, 117 San Marnan Drive, (Includes Sunday Sales) County Market, 1411 Flammang Sunday Sales) Siechs Varly Drug, 908 LaPorte Road (Renewal) Sunday Sales) (Renewal) (Expires 9/4/90) Drive (Renewal) (Expires 8/31/90) (Includes (Expires 8/31/90) (Includes 3. Beer & Liquor License Permit Application Class C Club Rendezvous, 829 East 4th Street (New) (Expires 8/21/90) (Includes Sunday Sales) 4th Street Station, 3251 West 4th Street (Renewal) (Expires 8/31/90) (Includes Sunday Sales) 929 Tap, 929 West 5th Street (Renewal) (Expires 8/31/90) (Includes Sunday Sales) 4. Liquor License Permit Application Class E Warehouse Market, 4026 Alexandra Drive (Renewal) (Expires 9/16/90) (Includes Sunday Sales) Motion carried. BONDS 94407 - Moved by Angel, seconded by Brown that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through August 21, 1989, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 94408 - Ernie Boykin, 530 Hope Avenue, thanked Police Chief Roger Shook for his honesty and service to the community. She also related an incident that again exposes the problem of the East Fourth Street railroad crossing. During the past weekend, she waited nearly an hour for a train on the tracks. She asked why the East Fourth Street Committee's recommendations had not yet addressed this problem. Don Temeyer, Planning and Development Director, stated that the City is currently working with the railroad to address the problem. Several of the recommended solutions are being reviewed by the railroad. Repairs to the tracks are also being negotiated with the company and will be brought to the Council in a formal agreement. August 21, 1989 Page 7 Kathy Pearson Moore asked what effect the removal of the tracks in conjunction with Relocated 218 will have on the East Side. It was explained that trackage removal will have little affect since the number of trains diverted is minimal. Staff will review this situation with Ms. Moore. Moved by Buck, seconded by Wright that the above comments be received and placed on file. Motion carried. ADJOURNMENT 94409 - Moved by Buck, seconded by Wright that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor