HomeMy WebLinkAbout07/17/1989.-„ Y 17, 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 July 17, 1989. Mayor Bernard L. McKinley in
the Chair. Roll Call: Dell, Fox, Angel, Budak, Brown. Absent: Buck, Wright.
Invocation by: Mayor Bernie McKinley
Pledge of Allegiance: Pat Kinney
Joe Jones, Director of Community Planning and Development for the U.S. Department of
Housing and Urban Development in Omaha, presented the City of Waterloo a plaque
recognizing the City's outstanding performance in the hiring of minorities for
construction rehabilitation jobs. During the last three years, the City has exceeded
the goals set forth by the Department of Housing & Urban Development (HUD) for minority
business enterprise (MBE) participation. Mayor McKinley accepted the plaque and
presented it to Jim Lindsey, Director of Community Development, who has been
instrumental in achieving this goal. Rudy Jones, Contract Compliance Officer, was also
commended for his work in this area.
94174 - Moved by Angel, seconded by Dell
that the Agenda, as proposed, for the Regular Session on July 17, 1989 at 7:00
p.m. and the Minutes of the Regular Session on July 11, 1989 at 7:00 p.m. be
accepted and approved. Motion carried.
ADJOURNED HEARING
94175 - HOLD HEARING-- This being the time and place of public hearing he Mayor called
for written and oral objections 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 representing
44 percent of the area neighbors is on file and requires three-fourths of the
City Council Members to override said petition.
Moved by Brown, seconded by Dell
that action on this item be tabled for one week. Ayes: Five. Absent: Buck,
Wright. Motion carried.
HEARINGS
94176 - Moved by Dell, seconded by Brown
that proof of publication of notice of public hearing on request of Goodyear
Store, 515 West Fifth Street, for a waiver of the building moratorium on
Relocated U.S. Highway 218 Corridor to construct exterior improvements to
existing building, as published in the Waterloo Courier on July 10, 1989, be
received and placed on file. Motion carried.
94177 - HOLD HEARING --This being the time and place of public hearing, the Mayor
called for written and oral objections.
Bob Stevenson, City Planner, stated that the Gateway Committee had reviewed
this request and approved it subject to the following: 1) Placement of a 5
foot green area around the perimeter of the property or decorative brick at
least 32 inches high and an/)tree every 40 feet for a total of 8 trees. Mr.
Stevenson indicated that the signage for the site would be reviewed at a later
time.
Ted Winninger, representing Good Year Store, stated that the company has tried
to compromise with the Committee on site development. He stated that they
have agreed to place a canopy but not to the 5 foot green space or wall. He
also indicated that he disagreed with the number of trees recommended by the
Committee.
John Bedard, 1924 Mulberry Street, stated that the Council should do whatever
is necessary to accommodate businesses within our community. He agreed that
it is important•to keep the sites aesthetically pleasing but not force them
out of business with these standards.
Jnly 17, 1989 Page 2
Hearings - continued
Ernie Boykin, 530 Hope Avenue, stated that she wished that the planning, which
is apparent through the Gateway Committee, had taken place on the East Side.
She also asked the Council what good the Gateway Committee was doing if the
recommendations were not accepted by the Council. She also indicated that not
agreeing with the Gateway Committee could cause difficulty in future requests
within the corridor.
It was indicated that the Goodyear Store has two years to complete the site
development. It was also pointed out that the wall or green space has a
practical application in addition to its aesthetic characters.
Moved by Brown, seconded by Dell
that the hearing be closed and the recommendation of approval of the Gateway
Committee and oral comments be received and placed on file. Motion carried.
94178 - Moved by Brown, seconded by Dell
that "Resolution authorizing waiver of building moratorium on Relocated U.S.
Highway 218 Corridor with the recommendations of the Gateway Committee", be
adopted. Ayes: Five. Absent: Buck, Wright.
Resolution adopted and upon approval by Mayor assigned No. 1989-348.
Councilperson Budak pointed out that in all cases the City should leave some
room for negotiation in future requests.
94179 - Moved by Angel, seconded by Budak
that proof of publication of notice of public hearing on request of Best Yet,
Inc. for a waiver of the building moratorium on Relocated U.S. Highway 218
Corridor to construct a multi -commercial development at the southeast corner
of San Marnan Drive and LaPorte Road, as published in the Waterloo Courier on
July 10, 1989, be received and placed on file. Motion carried.
94180 - HOLD HEARING --This being the time and place of public hearing, the Mayor
called for written and oral objections and there were none.
Bob Stevenson, City Planner, stated that the Gateway Committee had reviewed
said request and recommended its approval as contained in said site plan. The
development includes a Burger King Restaurant and a potential motel and
convenience store.
Moved by Dell, seconded by Brown
that the hearing be closed and the recommendation of approval of the Gateway
Committee and oral comments be received and placed on file. Motion carried.
94181 - Moved, by Budak, seconded by Angel
that "Resolution authorizing waiver of the building moratorium on Relocated
U.S. Highway 218 Corridor", be adopted. Ayes: Five. Absent: Buck, Wright.
Resolution adopted and upon approval by Mayor assigned No. 1989-349.
94182 - Moved by Dell, seconded by Angel
that proof of publication of notice of public hearing on request of Big Ten
Mart, 127 Jefferson Street, for a waiver of building moratorium on Relocated
U.S. Highway 218 Corridor to reconstruct the easterly portion of said
property, as published in the Waterloo Courier on July 10, 1989, be received
and placed on file. Motion carried.
July 17, 1989
Hearings - continued
94183 - 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
Page 3
that the hearing be closed and the recommendation of the Gateway Committee be
received and placed on file. Motion carried.
94184 - Moved by Dell, seconded by Brown
that "Resolution authorizing waiver of the building moratorium on Relocated
U.S. Highway 218 Corridor", be adopted. Ayes: Five. Absent: Buck, Wright.
Resolution adopted and upon approval by Mayor assigned No. 1989-350.
94185 - Moved by Fox, seconded by Angel
that proof of publication of notice of public hearing on site plan amendment
request of Village Inn Restaurant to be located in the National Plaza area on
West Ridgeway Avenue, as published in the Waterloo Courier on July 10, 1989,
be received and placed on file. Motion carried.
94186 - HOLD HEARING --This being the time and place of public hearing, the Mayor
called for written and oral objections.
It was stated that several area residents had concerns with the site
development plan and requested that action on this item be tabled for one
week.
Moved by Dell, seconded by Brown
that the hearing be tabled for one week. Ayes: Five. Absent: Buck, Wright.
UNFINISHED BUSINESS
94187 - Moved by Dell, seconded by Angel
that "Resolution approving award of contract to 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 adopted.
Ayes: Five. Absent: Buck, Wright.
Resolution adopted and upon approval by Mayor assigned No. 1989-351.
PETITIONS FROM PUBLIC
94188 - The Mayor announced that the time had arrived for discussion on the truck
embargo on Fletcher Avenue between University Avenue and Black Hawk Road.
Jerry Henderson, 718 Black Hawk Road, presented a petition of area residents
objecting to the proposed embargo on Fletcher Avenue between University Avenue
and Black Hawk Road. Mr. Henderson reported that trucks in this residential
neighborhood provided a safety hazard to the residents. In obtaining the
signatures on the petition, many residents reported shattered windows and
plates as a result of truck traffic. He indicated that this was merely a
convenience request and was not necessary. He suggested that the trucks use
Highway 63 instead of this residential street.
Councilperson Brown stated that with the closing of Fletcher Avenue, the
residents along Black Hawk Road had put up with enough inconvenience last
year. Councilperson Angel agreed with Councilperson Brown's comments.
Kevin Kalsem, 427 Belle Street and representing Standard Forwarding, spoke in
favor of the request. He indicated that it was important to use Black Hawk
Road as access to the company. If truck traffic were diverted to U.S. Highway
63, the company could incur $100 to $200 per day in time delays.
July 17, 1989 Page 4
Petitions from Public - continued
Moved by Angel, seconded by Dell
that coimuunication from Transportation Program Manager transmitting request of
Standard Forwarding for a variance to truck embargo on Fletcher Avenue between
University Avenue and Black Hawk Road in conjunction with Ansborough Avenue
(North), IX -6615(7)--79-07, together with recommendation of approval, be
received, placed on file and request be denied. Ayes: Dell, Angel, Budak,
Brown. Nays: Fox. Absent: Buck, Wright. Motion carried.
Kevin Kalsem asked that Standard Forwarding be given one week to notify its
drivers of the embargo. It was agreed that Standard Forwarding would be given
the balance of the week to notify their drivers and that the City would expect
truck traffic to tamper off throughout the week on Black Hawk Road.
REPORTS
94189 - Moved by Fox, seconded by Dell
that Waterloo Housing Authority Ridgeway Towers and Section 8 Existing Housing
Certificate Program dated July, 1989, be received and placed on file. Motion
carried.
DOCUMENTS
94190 - The Mayor announced that the time had arrived for discussion on the Indemnity
Agreement with Sidney F. McKenna to construct a secondary handicap access ramp
at 2815 Falls Avenue.
Councilperson Brown asked for clarification on the situation that resulted in
the Indemnity Agreement. Eric Thorson, City Engineer, stated that at the time
that the plans for the renovation were reviewed by City staff, the contractor
was told that it was necessary to construct a secondary handicap access exit
ramp. At the time the final inspection for the facility was completed, it was
discovered that the ramp had been built on City right-of-way. It was also
discovered that the air conditioning unit had been constructed on
right-of-way. Since there are no alternatives without major reconstruction,
it was felt that it was in the best interest of both parties to proceed with
said agreement.
Moved by Budak, seconded by Dell
that communication from City Engineer transmitting Indemnity Agreement with
Sidney F. McKenna, 2815 Falls Avenue, to construct a secondary handicap
accessible exit ramp for the new Adult Incorporated facility on City -owned
right-of-way, together with recommendation of approval subject to conditions,
be received, placed on file and "Resolution approving said agreement", be
adopted and Mayor and Deputy Clerk/Auditor authorized to execute same. Ayes:
Five. Absent: Buck, Wright.
Resolution adopted and upon approval by Mayor assigned No. 1989-352.
94191 - Moved by Budak, seconded by Dell
that communication from Assistant City Engineer transmitting Iowa Department
of Transportation Application to Perform Work Within State Highway
Right -of -Way for Burger King, 1925 LaPorte Road, for a storm detention pond
outlet along I-380 at the intersection of southbound on-ramp "C" and East San
Marnan Drive, together with recommendation of approval, be received, placed on
file and "Resolution approving said agreement", be adopted and Mayor and
Deputy Clerk/Auditor authorized to execute same. Ayes: Five. Absent: Buck,
Wright.
Resolution adopted and upon approval by Mayor assigned No. 1989-353.
July 17, 1989
Page 5
RESOLUTIONS TO BE ADOPTED
"44192 - Moved by Brown, seconded by Dell
that "Resolution authorizing 3 ton truck embargo on bridge located on West
Shaulis Road between U.S. Highway 63 and the west corporate limits", be
adopted. Ayes: Five. Absent: Buck, Wright.
Resolution adopted and upon approval by Mayor assigned No. 1989-354.
94193 - Moved by Brown, seconded by Dell
that "Resolution setting date of hearing as July 24, 1989 at 7:00 p.m. in the
City Hall Council Chambers on six month extension of the building moratorium
on U.S. 218 Corridor from August 7, 1989 to February 7, 1990, which period may
be extended for three months", be adopted and Deputy Clerk/Auditor instructed
to publish notice of same. Ayes: Five. Absent: Buck, Wright.
Resolution adopted and upon approval by Mayor assigned No. 1989-355.
94194 - Moved by Brown, seconded by Dell
that "Resolution authorizing acquisition contract payments and accepting of
deeds for real property for Parcel Nos. 1 (Ann Miller Trust) and 2 (Harry B.
Petersen) in conjunction with Ansborough-Greenhill Bikeway Project,
IX -6585(9)--79-07", be adopted. Ayes: Five. Absent: Buck, Wright.
Resolution adopted and upon approval by Mayor assigned No. 1989-356.
94195 - Moved by Brown, seconded by Dell
that "Resolution approving the submission of an amendment to the 15th year
statement of Community Development Objectives and projected use of funds to
the Department of Housing and Urban Development for federal assistance under
Title I of the Housing and Community Development Act of 1974, as amended (15th
Year Community Development Block Grant)", be adopted. Ayes: Five. Absent:
Buck, Wright.
Resolution adopted and upon approval by Mayor assigned No. 1989-357.
ORDINANCES TO BE ADOPTED
94196 - Cathy Pearson -Moore, representing the concerned black veterans, objected to
the proposed uses of the $75,000 of Community Development Block Grant Funds.
Jim Lindsey, Community Development Administrator, provided an explanation for
the uses proposed and approved by the Council under CR 94195
Moved by Fox, seconded by Brown
that "an Ordinance amending the 1988 Code of Ordinances
Waterloo, Iowa, by repealing Subsection (6) of Section 34-43,
Rates and Charges, of Chapter 34, Utilities; and by enacting
Subsection (6) of Section 34-43, Determination of Rates
Chapter 34, Utilities (sewer rate increase)", be received,
considered and passed for the third time. Ayes: Five.
Wright. Motion carried.
94197 - Moved by Budak, seconded by Angel
of the City of
Determination of
in lieu thereof a
and Charges, of
placed on file,
Absent: Buck,
that "an Ordinance amending the 1988 Code of Ordinances of the City of
Waterloo, Iowa, by repealing Subsection (6) of Section 34-43, Determination of
Rates and Charges, of Chapter 34, Utilities; and by enacting in lieu thereof a
Subsection (6) of Section 34-43, Determination of Rates and Charges, of
Chapter 34, Utilities (sewer rate increase)", be adopted. Ayes: Five.
Absent: Buck, Wright.
Ordinance adopted and upon approval by Mayor assigned No. 3652.
m ly 17, 1989 rage 6
Ordinances to be Adopted - continued
94198 - Moved by Angel, seconded by Brown
that "an Ordinance amending the 1988 Code or 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 second time. Ayes: Five. Absent:
Buck, Wright. Motion carried.
94199 - Moved by Fox, seconded by Dell
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 second time. Ayes: Five. Absent: Buck, Wright. Motion
carried.
94200 - Moved by Budak, seconded by Fox
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 second time. Ayes: Five. Absent: Buck,
Wright. Motion carried.
BILLS PAYMENT
94201 - Moved by Angel, seconded by Brown
that the following agenda items from the Finance Committee be received,
placed on file and approved: The request of the Fire Chief to seek bids for
equipment to upgrade the computer system and the request of the Clerk/Auditor
for a garbage refund for 1915 Baltimore Street in the amount of $13.60 and
that "Resolution approving Schedule A918, pp. 1-40, in the amount of
$992,688.45, and Schedule W900, pp. 1-5, in the amount of $11,053.01, copies
of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Five.
Absent: Buck, Wright.
Resolution adopted and upon approval by Mayor assigned No. 1989-358.
NEW BUSINESS
94202- Moved by Brown, seconded by Budak
to instruct City Engineer to prepare plans, specifications, form of contract,
etc., for F.Y. 1989 Easton Avenue Bridge Repairs, Contract No. 371, be
received and placed on file. Motion carried.
94203 - Moved by Brown, seconded by Budak
that plans, specifications, form of contract, etc., for F.Y. 1989 Easton
Avenue Bridge Repairs, Contract No. 371, be received, placed on file and
"Resolution preliminarily approving same", be adopted. Ayes: Five. Absent:
Buck, Wright.
Resolution adopted and upon approval by Mayor assigned No. 1989-359.
94204 - Moved by Brown, seconded by Budak
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. and taking of bids as August 7, 1989 at 7:00 p.m. in the City
Hall Council Chambers on F.Y. 1989 Easton Avenue Bridge Repairs, Contract No.
371", be adopted and Deputy Clerk/Auditor instructed to publish notice of
hearing accordingly. Ayes: Five. Absent: Buck, Wright.
Resolution adopted and upon approval by Mayor assigned No. 1989-360.
Page 7
July 17, 1989
Nev Business - continued
94205 - Moved by Brown, seconded by Budak
of
to instruct City ng19901 Sidewalk Repair plans,specifications,
1,loContract No. 380, cbe
etc., for F.Y.
received and placed on file. Motion carried.
94206 - Moved by Brown, seconded by Budak
that plans, specifications, form of contract, etc., for F.Y. 1990 Sidewalk
Repair Program --Zone 1, Contract No. 380, be received, placed on file and
"Resolution preliminarily approving same", be adopted. Ayes: Five. Absent:
Buck, Wright.
Resolution adopted and upon approval by Mayor assigned No. 1989-361.
94207 - Moved by Brown, seconded by Budak
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. and taking of bids as August 7, 1989 at 7:00 p.m. in the City
Hall Council Chambers on F.Y. 1990 Sidewalk Repair Program --Zone 1, Contract
No. 380", be adopted and Deputy Clerk/Auditor instructed to publish notice of
hearing accordingly. Ayes: Five. Absent: Buck, Wright.
Resolution adopted and upon approval by Mayor assigned No. 1989-362.
94208 - Moved by Brown, seconded by Budak
to instruct City Engineer to prepare plans, specifications, form of contract,
etc., for F.Y. 1990 Salt Storage Building, Contract No. 381, be received and
placed on file. Motion carried.
94209 - Moved by Brown, seconded by Budak
that plans, specifications, form of contract, etc., for F.Y. 1990 Salt Storage
Building, Contract No. 381, be received, placed on file and "Resolution
preliminarily approving same", be adopted. Ayes: Five. Absent: Buck,
Wright.
Resolution adopted and upon approval by Mayor assigned No. 1989-363.
94210 - Moved by Brown, seconded by Budak
that "Resolution setting date of hearing on plans, specifications, form of
contract, etc. and taking of bids as August 7, 1989 at 7:00 p.m. in the City
Hall Council Chambers on F.Y. 1990 Salt Storage Building, Contract No. 381",
be adopted and Deputy Clerk/Auditor instructed to publish notice of hearing
accordingly. Ayes: Five. Absent: Buck, Wright.
Resolution adopted and upon approval by Mayor assigned No. 1989-364.
94211 - Moved by Brown, seconded by Budak
that plans, specifications, etc., for Greenhill Road Pedestrian/Bikeway
Facility, IX -6585(9)--79-07, 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 said project", be adopted and Deputy Clerk/Auditor
instructed to publish notice of same. Ayes: Five. Absent: Buck, Wright.
Resolution adopted and upon approval by Mayor assigned No. 1989-365.
94212 - Moved by Brown, seconded by Budak
that communication from Mayor Bernie McKinley transmitting recommendation of
appointment of Cecil Wayne Crow to the Plumbing Code Committee and Examining
Board, effective immediately, with expiration date of March 1, 1991, be
received, placed on file and approved. Motion carried.
July 17, 1989 Page 8
New Business - continued
94213 - Moved by Brown, seconded by Budak
that communication from Mayor Bernie McKinley transmitting recommendation of
appointment of Jack Roehr to the Waterloo Redevelopment Authority as an ex
officio member to run concurrently with his term of office as a County
Supervisor, be received, placed on file and approved. Motion carried.
Travel Requests
94214 - Moved by Angel, seconded by Budak
that the following travel requests, with expenses not to exceed amount shown,
be received, placed on file and approved:
1. John P. Kehoe, Chief Electrical Inspector, to attend annual meeting of
the Western Section of International Association of Electrical Inspectors
in Des Moines, Iowa on September 24-27, 1989, with costs not to exceed
$561.20.
Motion carried.
MISCELLANEOUS
94215 - Moved by Angel, seconded by Budak
that the following applications for 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 applications be
received, placed on file and approved:
1. Beer & Liquor License Permit Application
Class B
Chuck's Lounge, 1428 East 4th Street (Renewal) (Expires 7/19/90)
(Includes Sunday Sales)
Cigarette License Applications
One (1)
Motion carried.
BONDS
94216 - Moved by Budak, seconded by Brown
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through July 17, 1989 be received, placed on file and bonds
approved. Motion carried.
ORAL PRESENTATIONS
94217 - Ernie Boykin, 530 Hope Avenue, asked about the renewal application for Chuck's
Lounge, 1428 East Fourth Street. She stated that her understanding was that
he was facing possible incarceration.
Police Chief Roger Shook indicated that State Law requires a conviction prior
to denial of the license.
Ms. Boykin also commended Rudy Jones, Contract Compliance Officer, for his
work in the area of minority participation in City contracts. She also
indicated that she hoped the day would come when it would not be necessary to
have goals for minority participation.
John Bedard, 1945 Mulberry Street, asked about the methodology used by the
City Street Department in making cold patches. Richard Grimm, Superintendent
of Streets, indicated that two methods are used and that workers are
instructed to tamp the patch. Mr. Bedard also inquired about the repair work
on Linden Avenue between Lafayette and Franklin Streets. Mr. Grimm reported
that this is a permanent seal coat program and will be swept soon.
Page 9
July 17, 1989
Oral Presentations - continued
Forest Dillavou, 1725 Huntington Road, questioned why the trees need to be
removed to allow the removal of the homes in conjunction with the
Greenhill/Sager Project. He asked whether another alternative existed. Bob
Stevenson, City Planner, indicated that they will take a look at the
situation; however, he indicated that the trees that exist will need to be
removed eventually since they are in the path of the new roadway.
Mayor McKinley welcomed Martha Nash back to the community.
Councilperson Dell asked that the surfacing on West llth Street between
Mulberry and Lane Streets be reviewed. He introduced Mr. Cullen Crawford
who requested that Hawver Courts be properly graded and drained.
Councilperson Angel presented a petition from the Safety Director at Allen
Hospital requesting the installation of a crosswalk and crossing light on
Donald Street adjacent to the outpatient and emergency room entrance.
Councilperson Fox asked whether or not Ansborough Avenue near its intersection
with Ridgeway Avenue would be restripped. Bob Stevenson, Transportation
Program Manager, indicated that this work has been programmed and will soon be
completed.
Councilperson Fox congratulated Bruce Meisinger, Chairperson of the 56th
Waterloo Open, on a great job this past weekend. He also suggested that
perhaps the City should begin looking at an automatic system of watering for
the fairways in the City's golf courses. Rick Tagtow, Director of Parks &
Forestry, indicated a willingness to look at the situation but also advised
the Council that this capital expenditure would require a significant cost in
terms of maintenance and personnel costs.
Moved by Budak, seconded by Dell
to receive and file the above comments and that the Council adjourn. Motion
carried.
Michelle Temeyer
Deputy Clerk/Auditor