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HomeMy WebLinkAbout07/11/1989JIl l j 11, 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 11, 1989. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Brown. Absent: Wright, Budak. Invocation by: Councilperson Robert Brown. Pledge of Allegiance: Mike Edwards. 94146 - Moved by Buck, seconded by Angel that the Agenda, as proposed, for the Regular Session on July 11, 1989 at 7:00 p.m. and the Minutes of the Regular Session of July 3, 1989 at 7:00 p.m. be accepted and approved. Motion carried. HEARINGS AND BIDS 94147 - Moved by Angel, seconded by Buck that proof of publication of notice of public hearing and taking of bids on F.Y. 1989 Black Hawk Road Storm Sewer Improvements, Contract No. 378, as published in the Waterloo Courier on June 23, 1989, be received and placed on file. Motion carried. 94148 - 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 Buck that "Resolution confirming the approval of plans, specifications, form of contract, etc. in conjunction with said project", be adopted. Ayes: Five. Absent: Wright, Budak. Resolution adopted and upon approval by Mayor assigned No. 1989-341. 94149 - Moved by Fox, seconded by Brown that "Resolution ordering construction", be adopted. Ayes: Five. Absent: Wright, Budak. Resolution adopted and upon approval by Mayor assigned No. 1989-342. 94150 - Moved by Buck, seconded by Angel to receive, file and instruct Deputy Clerk/Auditor to open and read bids and refer to the City Engineer for review and recommendation (award delayed until July 17, 1989): Bidder Bid Bond Bid Amount Winmor Construction Co. Inc. 5% $142,993.00 Welchers Construction 5% $129,743.78 Rampart Corporation 5% $160,444.10 Hurst & Sons Contractors, Inc. 5% $125,369.20 Motion carried. HEARINGS 94151 - Moved by Dell, seconded by Angel that proof of publication of notice of public hearing on request of Sunnyside Country Club, Inc. to vacate, sell and convey twenty (20) feet of West Fourth Street right-of-way, as published in the Waterloo Courier on June 27, 1989, be received and placed on file. Motion carried. 94152 - 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 proposal is to vacate, sell and convey a strip of West Fourth Street right-of-way 400 feet by 20 feet for an July 11, 1989 Page 2 Hearings - continued approximate total of 8,000 square feet at a cost of $1.12 per square foot. This purchase price was based upon a similar purchase of property from Sunnyside Country Club by the City of Waterloo for easement purposes several years ago. Councilperson Brown inquired whether it is normal procedure for the City to sell property that had been given to the City years ago. Mr. Stevenson explained that in 1967, when the property was subdivided, the right-of-way was given to the City for street purposes. As in all subdivision developments, right-of-way is dedicated to the City for street purposes. This transaction is consistent with similar previous actions of the City. Moved by Brown, seconded by Angel 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. 94153 - Moved by Angel, seconded by Dell that "an Ordinance vacating the southeasterly twenty (20) feet of West Fourth Street right-of-way", be received, placed on file, considered and passed for the first time. Ayes: Four. Absent: Wright, Budak. Abstain: Buck. Motion carried. 94154 - Moved by Fox, seconded by Buck that proof of publication of notice of public hearing on request of Merlin Biretz to rezone from "R-2" One and Two Family Residence District to "C-2" Commercial District/"C-Z" Conditional Zoning property generally located at the northeasterly corner of Stephan Avenue and Falls Avenue, as published in the Waterloo Courier on June 27, 1989, be received and placed on file. Motion carried. 94155 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Bob Stevenson, City Planner, reported that a petition of objection was on file representing 44 percent of the property owners lying within 200 feet of the request. He also indicated that the Planning, Programming and Zoning Commission had recommended approval of the rezoning subject to the following conditions: 1) A hard -surfaced parking lot be constructed providing a minimum of five parking spaces, but no more than five spaces. 2) Said parking lot be completely screened or fenced from adjoining residential properties. 3) Any lighting for said parking lot be directed away from the surrounding residences. It was indicated that three-fourths of the Council would need to override the petition of objection. Moved by Brown, seconded by Dell that the hearing be closed and to receive and file the petition in opposition to the rezoning representing 44 percent of the property owners within 200 feet, the recommendation of approval of the Planning, Programming and Zoning Commission, subject to several conditions, and oral and written comments, be received, placed on file and action tabled for one week. Ayes: Five. Absent: Wright, Budak. Motion carried. 94156 - Moved by Buck, seconded by Dell that proof of publication of notice of public hearing on site plan amendment request of Ted Winninger for property generally located on the south half of the block bounded by Ansborough, Downing, Dundee and University Avenues to allow the west portion of said south half of the block to be commercially developed and the east portion of said south half of the block to be developed for residential use, as published in the Waterloo Courier on June 27, 1989, be received and placed on file. Motion carried. %`r July 11, 1989 Page 3 Hearings - continued 94157 - 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 amendment was to allow the residential uses to remain along the eastern portion of the block as they currently exist. Moved by Buck, seconded by Brown 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. 94158 - Moved by Fox, seconded by Dell that "Resolution approving site plan amendment request of Ted Winninger for property generally located on the south half of the block bounded by Ansborough, Downing, Dundee and University Avenues to allow the west portion of said south half of the block to be commercially developed and the east portion of said south half of the block to be developed for residential use", be adopted. Ayes: Five. Absent: Wright, Budak. Resolution adopted and upon approval by Mayor assigned No. 1989-343. 94159 - Moved by Buck, seconded by Angel that proof of publication of notice of public hearing on issuance of $27,000,000 Wheaton Franciscan Services, Inc. System Revenue Bonds, Series 1989 (Covenant Medical Center, Incorporated), as published in the Waterloo Courier on June 21, 1989, be received and placed on file. Motion carried. 94160 - 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 "Resolution determining to proceed with the issuance not to exceed $27,000,000 in Wheaton Franciscan Services, Inc. System Revenue Bonds, Series 1989 (Covenant Medical Center, Incorporated)", be adopted. Ayes: Five. Absent: Wright, Budak. Resolution adopted and upon approval by Mayor assigned No. 1989-344. UNFINISHED BUSINESS 94161 - Moved by Dell, seconded by Angel that communication from Clerk/Auditor transmitting request to set new date of hearing as July 24, 1989 at 7:00 p.m. in the City Hall Council Chambers on request of Larry C. Wolff to rezone from "R-3" Multiple Family Residence District to "C-2" Commercial District/"C-Z" Conditional Zoning District property generally located along the east side of Ansborough Avenue between Black Hawk Road and Downing Avenue", be adopted. Ayes: Five. Absent: Wright, Budak. Resolution adopted and upon approval by Mayor assigned No. 1989-345. PETITIONS FROM PUBLIC 94162 - Moved by Buck, seconded by Brown that communication from Assistant City Engineer transmitting request of Peterson Contractors, Inc. for a variance on the truck embargo on Burton Avenue from approximately 1800 feet south of Airline Highway to Airline Highway for haul route in conjunction with CC & P Railroad Storage Tracks, Project No. AFE 1-89-021, together with recommendation of approval, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Five. Absent: Wright, Budak. Resolution adopted and upon approval by Mayor assigned No. 1989-346. July 11, 1989 Page 4 ORDINANCES TO BE ADOPTED 94163 - Moved by Buck, seconded by Dell 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 second time. Ayes: Five. Budak. Motion carried. 94164 - Moved by Brown, seconded by Buck of the City of Determination of in lieu thereof a and Charges, of placed on file, Absent: Wright, 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 first time. Ayes: Five. Absent: Wright, Budak. Motion carried. 94165 - Moved by Dell, seconded by Buck 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 first time. Ayes: Five. Absent: Wright, Budak. Motion carried. BILLS PAYMENT 94166 - Moved by Angel, seconded by Brown that "Resolution approving Schedule A918, pp. 1-50, in $2,255,905.64 and Schedule W900, pp.1-11, in the amount of Schedule W900, pp. 1-3, in the amount of $6,516.00, copies file in the Clerk/Auditor's Office", be adopted. Ayes: Wright, Budak. Abstain: Fox. the amount of $$64,930.42, and of which are on Four. Absent: Resolution adopted and upon approval by Mayor assigned No. 1989-347. NEW BUSINESS 94167 - Moved by Buck, seconded by Dell that communication from Mayor Bernie McKinley transmitting recommendation of appointment of Daniel E. Evanson to the Cablevision Commission effective immediately, with expiration date of December 1, 1991, be received, placed on file and approved. Motion carried. 94168 - Moved by Buck, seconded by Dell that communication from Mayor Bernie McKinley transmitting recommendation of reappointment of Ron Brown, Keith Jones, William Nelson and Norman Pitts to the Heating Board, with expiration date of December 31, 1990, be received, placed on file and approved. Motion carried. Travel Requests 94169 - Moved by Buck, seconded by Brown that the following travel requests, with expenses not to exceed amount shown, be received, placed on file and approved: 1. Scott Lake and David Marshall, Investigators, to attend Criminal Intelligence Techniques Course in West Des Moines, Iowa on July 31 -August 4, 1989, with costs not to exceed $447.45, including the use of City vehicle. ?u':a 11, 1989 ?age 5 Travel Requests - continued 2. Terry Blank, Sergeant, to attend Armorers Recertification Course in Springfield, Massachusetts on July 17-21, 1989, with costs not to exceed $840.00. 3. Councilpersons to attend Annual Congress of Cities for National League of Cities in Atlanta, Georgia on November 25-30, 1989, with costs not to exceed $1,295.00 per person. Motion carried. MISCELLANEOUS 94170 - Moved by Buck, seconded by Brown 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 and cigarette license applications be received, placed on file and approved: 1. Beer Permit Application Class B Kwik Trip #715, 1636 West 4th Street (Renewal) (Expires 7/29/90) (Includes Sunday Sales) Kwik Trip #723, 510 Conger Street (Renewal) (Expires 7/21/90) (Includes Sunday Sales) Kwik Trip #722, 1309 Lafayette Street (Renewal) (Expires 7/21/90) (Includes Sunday Sales) Kwik Trip #732, 352 Fletcher (Renewal) (Expires 7/21/90) (Includes Sunday Sales) Kwik Trip #724, 1105 Cedar Bend Drive (Renewal) (Expires 7/21/90) (Includes Sunday Sales) American Legion, 619 Franklin (Renewal) (Expires 8/9/90) (Includes Sunday Sales) 2. Beer & Liquor License Permit Application Class B Vic's Lounge, 1106 LaPorte Road (Renewal) (Expires 7/16/90) Cigarette License Applications Thirty (30) Motion carried. BONDS 94171. - Moved by Angel, seconded by Dell that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through July 11, 1989, be received, placed on file and report and bonds approved. Motion carried. 94172 - The City Engineer asked that the award of contract on the F.Y. 1989 Black Hawk Road Storm Sewer Improvements, Contract No. 378 (See CR 94150) be delayed until July 17, 1989. ORAL PRESENTATIONS 94173 - Councilperson Angel thanked the Operation Pride crew for the clean up that they did of the trash and weeds in the 500 block of Lincoln Street just north of the railroad tracks. She also asked that a Work Session be conducted concerning the City's Noise Ordinance (See Ordinance No. 3094). Several Councilpersons, including herself and Councilperson Dell, have received numerous complaints of persons in excess of the Noise Ordinance. Police Chief Shook stated that citations can be issued for violation of the ordinance that may result in a maximum of $100 or 30 days in jail. Molly Frazer, Assistant City Attorney, stated that in anticipation of this request, a LOGIN request has been sent to various cities requesting information on noise complaints. July 11, 1989 Page 6 Oral Presentations - continued _ Councilperson Fox asked when the Council would be awarding the contract for F.Y. 1989 Water Pollution Control Plant - Phase 1, Contract No. 372. City Engineer Eric Thorson stated that the Public Works Director has requested that the award be delayed until a construction permit is obtained from the Department of Natural Resources. Moved by Buck, seconded by Brown that the above presentations be received and placed on file and the meeting be adjourned. Motion carried. Michelle Temeyer Deputy Clerk/Auditor