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HomeMy WebLinkAbout07/24/1989The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 7:00 p.m. on July 24, 1989. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Wright, Budak, Brown. Absent: Buck. Invocation by: Councilperson Willie Mae Wright Pledge of Allegiance: Don Ross 94218 - Moved by Angel, seconded by Brown that the Agenda, as proposed, for the Regular Session on July 24, 1989 at 7:00 p.m. and the Minutes of the Regular Session on July 17, 1989 at 7:00 p.m. be accepted and approved. Motion carried. ADJOURNED HEARINGS 94219 - HOLD HEARING --The Mayor announced that the time had arrived for additional comments on the request of Merlin Biretz to rezone from "R-2" One and Two Family Residence District to "C-2" Commercial District/"C-Z" Conditional Zoning District property generally located at the northeasterly corner of Stephan Avenue and Falls Avenue. Bob Stevenson, City Planner, stated that a petition of objection has been filed by 44 percent of the property owners lying within 200 feet of the request. He also reported that the Planning, Programming and Zoning Commission had recommended approval of the request subject to the following: (1) a hard -surfaced parking lot be constructed providing the minimum of five (5) parking spaces, but no more than five (5) spaces; (2) said parking lot be completely screened or fenced from adjoining residential properties; and (3) any lighting for said parking lot be directed away from surrounding residences. Three-fourths of the City Council is needed to override the petition of objection. Moved by Brown, seconded by Wright that the hearing be closed and oral and written comments, be received and placed on file. Motion carried. 94220 - Moved by Fox, seconded by Brown that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 23 to Section 2A -7N, Conditional Zoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Five. Nays: Angel. Absent: Buck. Motion not carried. 94221 - HOLD HEARING --The Mayor announced that the time had arrived for discussion on the site plan amendment request of the Village Inn Restaurant to locate west of Bellaire Road and north of Ridgeway Avenue. Bob Stevenson, City Planner, stated that the original site plan approved by the City Council in 1978 showed the now vacant area as a restaurant. The current layout is somewhat different but the uses remain the same. Bob Dieter, representing Village Inn Restaurant, stated that after meeting with residents in the area, the applicants would be willing to limit the use of the remaining area after the construction of the restaurant to any authorized permitted uses under "R-4" and "C-1" with the exception of those uses pertaining to animals (kennels and veterinary), self -serve laundries, car washes, filling stations, bakeries, meat lockers, fruit and vegetable markets and retail food uses. Review by the City Council would be necessary if any of the above uses were proposed for the remaining area between the proposed restaurant and bank site. Moved by Brown, seconded by Budak to receive and file the petition of Mrs. Keith Siglin, 1005 Prospect Boulevard, and Mrs. Fern Clements, 1010 South Hill Drive, 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. July 24, 1989 Page 2 Adjourned Hearings - continued 94222 - Moved by Budak, seconded by Fox that "Resolution approving site plan amendment request of Village Inn Restaurant to be located in the National Plaza area on West Ridgeway Avenue with the stipulation that the applicants limit the use of the remaining area to any authorized permitted uses under "R-4" and "C-1" with the exception of those pertaining to animals (kennels and veterinary), self -serve laundries, car washes, filling stations, bakeries, meat lockers, fruit and vegetable markets and retail food uses", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-366. HEARINGS 94223 - Moved by Wright, seconded by Angel that proof of publication of notice of public hearing on request of Wolff to rezone from "R-3" Multiple Family Residence District Commercial District/"C-Z" Conditional Zoning District property located along the east side of Ansborough Avenue between Black Hawk Downing Avenue, as published in the Waterloo Courier on July 10, received and placed on file. Motion carried. Larry C. to "C-2" generally Road and 1989, be 94224 - 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 Dell, seconded by Wright 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. 94225 - Moved by Fox, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 23 to Section 2A -7N, Conditional Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Six. Absent: Buck. Motion carried. 94226 - Moved by Budak, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Buck. Motion carried. 94227 - Moved by Dell, seconded by Fox 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: Buck. Motion carried. 94228 - Moved by Fox, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 23 to Section 2A -7N, Conditional Rezoning Certain Property", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3653. 94229 - Moved by Angel, seconded by Wright that proof of publication of notice of public hearing on extension of building moratorium along the U.S. Highway 218 Corridor from August 7, 1989 to February 7, 1990, which period may be extended three months, as published in the Waterloo Courier on July 18, 1989, be received and placed on file. Motion carried. 94230 - HOLD HEARING--Th.is being the time and place of public hearing, the Mayor called for written and oral objections. Milton Maledy, 111 South Street, asked what type of ordinances the City of Waterloo is considerir - long the Gateway. r� July 24, 1989 Hearings - continued Page 3 Mayor McKinley summarized by saying the City, as a result of Gateway Committee recommendations, may institute such ordinances as landscaping and architectural standards on private development, and signs, including billboards, fencing requirements for salvage yards, and encouraging public art projects along the corridor. Kathy Oberle, 710 Forest Avenue, asked why the City was considering the purchase of property located at the corner of Mitchell and Relocated Highway 218. Bob Stevenson, City Planner, stated that the Gateway Committee had recommended the purchase of the property for future use as open space, potential Visitors Center or Welcome Center. Appraisals on the property were due today and will be forwarded to the City Council for final action. It was reported that if the moratorium extension was approved, the expiration date would be February 7, 1990, with an additional three month extension possible. Said extension of time would require authorization of the City Council. The Gateway Committee has been reviewing requests for development within the corridor, including Goodyear Tire and Burger King discussed at last Monday's Council meeting. Both the applicants and the City have been working cooperatively when reviewing these development requests. Craig Shirey, Chairperson of the Gateway Committee, reported that the Committee has been working hard toward providing the Council with some specific recommendations for the corridor. The Committee has been working with property owners along the corridor and granting variances as necessary. Shirey agreed that the Council could receive a preliminary report of the Committee within three months. He reported the Committee is currently reviewing the recommendations of the R/UDAT Team (Regional Urban Design Assistance Team) which has recommended a parkway instead of the elevated portion through the downtown area. Moved by Brown, seconded by Dell 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. 94231 - Moved by Dell, seconded by Fox that "Resolution authorizing the extension of the building moratorium along the U.S. Highway 218 Corridor from August 7, 1989 to February 7, 1990, which period may be extended three months", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-367. UNFINISHED BUSINESS 94232 - Moved by Fox, seconded by Angel that "Resolution approving award of contract to E. B. Spencer Engineering Company of Waterloo, Iowa in the amount of $1,387,000.00, subject to receiving the required Department of Natural Resources permit, in conjunction with F.Y. 1989 Water Pollution Control Plant Improvements - Phase I, Contract No. 372", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-368. PETITIONS FROM PUBLIC 94233 - Moved by Angel, seconded by Wright that communication from City Planner transmitting request of Kirk Ney to vacate a portion of the platted utility and drainage easement at 3556 Mt. Vernon Drive, together with recommendation of approval, be received, placed on file and "Resolution setting date of hearing as August 14, 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: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-369. July 24, 1989 Page 4 Petitions from Public - continued 94234 - Moved by Angel, seconded by Wright that communication from City Engineer transmitting request of Statesman Bank for Savings for temporary concrete driveway to be located at 508 Hanna Boulevard, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-370. 94235 - The Mayor announced that the time had arrived for discussion on the granting of a noise variance to Irving F. Jensen Company in conjunction with the Relocated U.S. Highway 218 project. A resident at 188 Greenwood Avenue stated that the residents along Greenwood Avenue have experienced construction of this highway during the past year and would appreciate consideration in denying the variance request. The noise has at times disrupted sleeping patterns and family activities in the area. Bob Stevenson, City Planner, stated that this request is similar to those approved on other highway projects in residential areas. A variance is needed to allow the contractor to saw the pavement as necessary. It is not predictable when the sawing must be done as it depends on how quickly the concrete dries. The request is for a one time variance. Moved by Brown, seconded by Fox that communication from Transportation Program Manager transmitting request of Irving F. Jensen Company for a variance to Chapter 25.5 of the Noise Control Ordinance to conduct sawing operations in conjunction with Relocated U.S. Highway 218, IX -218-7(70)--3P-07, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Before adoption of said resolution, the following amendment was offered. Moved by Budak, seconded by Dell that the above motion be amended to allow the variance only in extreme circumstances between the hours of midnight and 6:00 a.m., and that if sawing was necessary during this time frame, that City staff be contacted of said need. A motion was taken on the above amendment with the following results: Ayes: Six. Absent: Buck. Motion carried. The original resolution, as amended, was voted upon with the following result: Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-371. DOCUMENTS 94236 - Moved by Wright, seconded by Brown that communication from City Third Addition, together with recommendation of approval of be received, placed on file adopted. Ayes: Six. Absent Planner transmitting Final Plat of Audubon Park Deed of Dedication, Report of City Engineer, and the Planning, Programming and Zoning Commission, and "Resolution approving said Final Plat", be Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-372. 94237 - Moved by Wright, seconded by Brown that communication from City Planner transmitting Preliminary Plat of Waterloo Country Club First Addition, 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: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-373. ."1 July 24, 1989 Documents - continued 94238 - Moved by Wright, seconded by Brown Page 5 that communication from Assistant City Engineer transmitting Change Order No. 1 for a net increase of $2,850.00 for work to be performed by Aspro, Inc. & Subsidiary in conjunction with F.Y. 1989 Asphalt Overlay Program, Contract No. 360, be received, placed on file and approved and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 94239 - Moved by Wright, seconded by Brown that communication from Assistant City Engineer transmitting Change Order No. 1 for a net increase of $1,219.45 for work to be performed by Youngblut Contracting, Inc. in conjunction with F.Y. 1989 Commercial, Jefferson, West Seventh Streets Reconstruction, Contract No. 350, be received, placed on file and approved and Mayor and Clerk/Auditor authorized to execute same. Motion carried. 94240 - Moved by Wright, seconded by Brown that communication from Assistant City Engineer transmitting Change Order No. 2 for a net increase of $1,359.80 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. 94241 - Moved by Wright, seconded by Brown that communication from Transportation Program Manager transmitting Certificate of Completion and Final Acceptance of Agreement Work for work completed by Iowa Rublic Service Company in conjunction with Hackett Road Bypass, IX -6585(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: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-374. 94242 - Moved by Wright, seconded by Brown that communication from Transportation Program Manager transmitting Certification of Completion and Final Acceptance of Agreement Work for work completed by Brice, Petrides -Donohue in conjunction with Hackett Grading, IX -6585(5)--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: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-375. 94243 - Moved by Wright, seconded by Brown that communication from Associate Engineer transmitting Contracts, Bonds and Certificates of Insurance from Hurst & Sons Contractors, Inc. of Waterloo, Iowa, in the amount of $125,369.20 in conjunction with F.Y. 1989 Black Hawk Road Storm Sewer Improvements, Contract No. 378, be received, placed on file and "Resolution approving said documents", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-376. 94244 - Moved by Wright, seconded by Brown that communication from Associate Engineer transmitting Sewage Treatment Agreement DNR Form 29 (Dec. 86) with the Department of Natural Resources and construction plans for sanitary sewerage facilities serving Audubon Park Third Addition, together with recommendation of approval, be received, placed on file and "Resolution approving said agreement", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-377. July 24, 1989 Page 6 RESOLUTIONS TO BE ADOPTED 94245 - Moved by Dell, seconded by Brown that "Resolution setting date of hearing as August 7, 1989 at 7:00 p.m. in the City Hall Council Chambers on the proposed use of General Revenue Sharing money for asbestos removal in City Hall", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-378. 94246 - Moved by Dell, seconded by Brown that "Resolution setting date of hearing as August 14, 1989 at 7:00 p.m. in the City Hall Council Chambers on the vacation of City sidewalks in the vicinity of Broadway and Parker and Conger and Reed", be adopted and Clerk/Auditor instructed to publish notice of same. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-379. 94247 - Moved by Dell, seconded by Brown that "Resolution amending Resolution No. 1988-98 on the sale and conveyance of the parking lot north of and adjacent to existing facility at 310-312 East Sixth Street to the First Judicial District Department of Correctional Service to extend the time one year to August 1, 1990 to commence development", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-380. 94248 - Moved by Dell, seconded by Brown that communication from City Engineer transmitting request for authorization to send out notifications to property owners of proposed sidewalk repairs, together with cost estimates, be received, placed on file and "Resolution setting date of hearing as August 7, 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: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-381. ORDINANCES TO BE ADOPTED 94249 - Moved by Angel, seconded by Dell that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 23-16, Barbershops: License Required; License Fee; When Inspection Required; Inspection Fee, of Chapter 23, Licenses and Business Regulations (repeal authority of City to inspect barbershops --inspections now performed by State of Iowa)", be received, placed on file, considered and passed for the third time. Ayes: Six. Absent: Buck. Motion carried. 94250 - Moved by Fox, seconded by Dell that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Section 23-16, Barbershops: License Required; License Fee; When Inspection Required; Inspection Fee, of Chapter 23, Licenses and Business Regulations (repeal authority of City to inspect barbershops --inspections now performed by State of Iowa)", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3654. 94251 - Moved by Budak, seconded by Brown that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Article III, Registration, of Chapter 10, Elections (repeal designation of Clerk/Auditor as voter registrar --County Auditor now performs this function)", be received, placed on file, considered and passed for the third time. Ayes: Six. Absent: Buck. Motion carried. July 24, 1989 Ordinances to be Adopted - continued 94252 - Moved by Wright, seconded by Dell Page 7 that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo, Iowa, by repealing Article III, Registration, of Chapter 10, Elections (repeal designation of Clerk/Auditor as voter registrar --County Auditor now performs this function)", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3655. 94253 - Moved by Fox, seconded by Dell that "an Ordinance vacating the southeasterly twenty (20) feet of West Fourth Street right -of -way --Sunnyside Country Club, Inc.", be received, placed on file, considered and passed for the third time. Ayes: Six. Absent: Buck. Motion carried. 94254 - Moved by Brown, seconded by Angel that "an Ordinance vacating the southeasterly twenty (20) feet of West Fourth Street right -of -way --Sunnyside Country Club, Inc.", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor assigned No. 3656. 94255 - Moved by Fox, seconded by Wright that "Resolution authorizing sale and conveyance of the southeasterly twenty (20) feet of West Fourth Street right-of-way to Sunnyside Country Club for $8,960.00, plus costs", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-382. BILLS PAYMENT 94256 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-66, in the amount of $932,056.53, and Schedule W900, pp. 1-2, in the amount of $127,772.50, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-383. NEW BUSINESS 94257 - Moved by Dell, seconded by Wright to instruct Park Department to prepare plans, specifications, etc., for Exchange Park Asphalting, be received and placed on file. Motion carried. 94258 - Moved by Dell, seconded by Wright that plans, specifications, etc., for Exchange Park Asphalting, be received, placed on file and "Resolution preliminarily approving the same", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-384. 94259 - Moved by Dell, seconded by Wright that "Resolution setting date of hearing on plans, specifications, etc., and taking of bids as August 7, 1989, at 7:00 p.m. in the City Hall Council Chambers on the Exchange Park Asphalting", be adopted and Clerk/Auditor instructed to publish notice of hearing accordingly. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor assigned No. 1989-385. July 24, 1989 Page 8 Travel Requests 94260 - Moved by Dell, seconded by Wright that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Don Kehoe, Captain, to attend Mid -States Organized Crime Information Center (MOCIC) Annual Training Conference in Rapid City, S.D. on September 26-28, 1989, with costs not to exceed $340.96. 2. Don Temeyer, Planning and Development Director, to attend League of Iowa Municipalities 91st Convention in Ames, Iowa on September 13-15, 1989, with costs not to exceed $250.00, including the use of City vehicle. 3. Gale Quirk, Human Rights Commissioner, to attend Regional Executive Council on Civil Rights in Topeka, Kansas on August 24-26, 1989, with costs not to exceed $337.50. 4. Betty Jean Furgerson, Director of Human Rights, to attend Regional Executive Council on Civil Rights in Topeka, Kansas on August 24-26, 1989, with costs not to exceed $489.20. Motion carried. MISCELLANEOUS 94261 - Moved by Dell, 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: 1. Beer License Permit Application Class C Virg's Food, 1761 Independence Avenue (New) (Expires 8/1/90) (Includes Sunday Sales) Bolyn Grocery, 319 Edwards (Renewal) (Expires 8/28/90) (Includes Sunday Sales) 2. Beer and Wine License Permit Application Class E Independence Avenue Liquors, 1825 Independence Avenue (Transfer) (Expires 9/20/89) (Includes Sunday Sales) 3. Beer and Liquor License Permit Application Class C Bo's, 118 Commercial Street (New) (Expires 8/10/90) (Includes Sunday Sales) Jim's Lounge, 1406 Commercial Street (Renewal) (Expires 8/7/90) Motion carried. BONDS 94262 - Moved by Angel, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through July 24, 1989, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 94263 - L. C. Hennessey, 319 Belmont Avenue, asked why Peter Kwett is undertaking the housing rehabilitation job and not a Waterloo resident. July 24, 1989 Page 9 Oral Presentations - continued Mayor McKinley reported that Peter Kwett has applied for Section 312 funding from the Department of Housing and Urban Development for renovation of houses. He has purchased approximately 22 homes and with the low interest money available, he has renovated the houses and allowed property owners to own a home with minimal down payment costs and low monthly payments. These homes are available to low income persons only and has provided a market for the ownership of homes for low income people. Moved by Brown, seconded by Angel that the above comments be received and placed on file and that the Council adjourn. Motion carried. Larry P. Burger City Clerk/Auditor