HomeMy WebLinkAbout05/22/1989May 22, 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 May 22, 1989. Mayor Bernard L. McKinley in the
Chair. Roll Call: Budak, Fox, Angel, Buck, Budak. Absent: Wright, Brown.
Invocation by: Councilperson Tony Budak
Pledge of Allegiance: Police Chief Roger Shook
93928 - Moved by Fox, seconded by Buck
that the Agenda, as proposed, for the Regular Session on May 22, 1989 at 7:00
p.m. and the Minutes of the Regular Session on May 15, 1989 at 7:00 p.m., be
accepted and approved. Motion carried.
HEARINGS
93929 - Mayor McKinley read a proclamation declaring May 21 through May 27, 1989 as
National Public Works Week and presented the same to John Meyer, Public Works
Director, and thanked him and his department for their work.
Mayor McKinley announced that Wal-Mart will be constructing a new building of
approximately 110,000 square feet in the Crossroads area near the intersection
of Flammang Drive and San Marnan Drive. The store is slated to open in the
Spring of 1990 and will create approximately 235 new jobs for the area. He
commented that this is a sign of the upturn in the area's economy.
Moved by Dell, seconded by Buck
that proof of publication of notice of public hearing on request of Peoples
Bank and Trust Company to vacate, sell and convey a portion of LaPorte Road
right-of-way south of San Marnan Drive, as published in the Waterloo Courier
on May 12, 1989, be received and placed on file. Motion carried.
93930 - 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, reported that the excess right-of-way is
generally located easterly of LaPorte Road and south of San Marnan Drive.
Peoples Bank and Trust Company has agreed to pay the sum of $13,739.40 or 85
cents per square foot for said property. This request is being brought back to
the Council for its consideration due to an error in the legal description
submitted by Peoples Bank and Trust Company.
Moved by Buck, 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.
93931 - Moved by Buck, seconded by Angel
that "an ordinance vacating a portion of LaPorte Road right-of-way south of
San Marnan Drive and repealing Ordinance No. 3623", be received, placed on
file, considered and passed for the first time. Ayes: Five. Absent:
Wright, Brown. Motion carried.
93932 - Moved by Budak, seconded by Angel
that proof of publication of notice of public hearing on request of Baroid
Industries to construct a bentonite mixing facility in the rear of Dawson
Foundry at the intersection of Vaughn Street and Westfield Avenue for a waiver
of the building moratorium on Relocated Highway 218 Corridor, as published in
the Waterloo Courier on May 12, 1989, be received and placed on file. Motion
carried. {
93933 - HOLD HEARING --This being the time and place of public hearing, the Mayor
called for written and oral objections and there were none.
May 22, 1989 Page 2
Hearings - continued
Bob Stevenson, City Planner, reported that the proposed new building would be
located at the intersection of Vaughn Street and Westfield Avenue to the rear
of Dawson Foundry. The building would be used for a bentonite mixing
facility, which includes a detailed landscaping plan. In response to a
question from Councilperson Buck, Bob Stevenson stated that should the
plantings not survive, the City could require that replacement landscaping be
planted.
Moved by Buck, 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.
93934 - Moved by Dell, seconded by Angel
that "Resolution approving request of Baroid Industries for a waiver of the
building moratorium on Relocated Highway 218 Corridor", be adopted. Ayes:
Five. Absent: Wright, Brown.
Resolution adopted and upon approval by Mayor assigned No. 1989-237.
93935 - Moved by Angel, seconded by Fox
that proof of publication of notice of public hearing on site plan amendment
request of Crossroads Theater for property generally located on the north side
of Crossroads Boulevard at the south end of the Crossroads Boulevard "loop"
for a proposed 90.5' x 52' addition to the south side of the existing
building, as published in the Waterloo Courier on May 16, 1989, be received
and placed on file. Motion carried.
93936 - 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 Crossroads Theater proposes to
enlarge their existing facility on the southside of the existing building and
generally located on the northside of Crossroads Boulevard at the south end of
the Crossroads Boulevard "loop". A 30 foot setback will be maintained between
the Crossroads Boulevard right-of-way line and the building.
Moved by Buck, seconded by Dell
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.
93937 - Moved by Fox, seconded by Buck
that "Resolution approving site plan amendment request of Crossroads Theater
for property generally located on the north side of Crossroads Boulevard at
the south end of the Crossroads Boulevard "loop" for a proposed 90.5' x 52'
addition to the south side of the existing building", be adopted. Ayes:
Five. Absent: Wright, Brown.
Resolution adopted and upon approval by Mayor assigned No. 1989-238.
93938 - Moved by Dell, seconded by Angel
that proof of publication of notice of public hearing on proposed amendments
to F.Y. 1989 Operating Budget as published in the Waterloo Courier on May 16,
1989, be received and placed on file. Motion carried.
93939 - HOLD HEARING --This being the time and place of public hearing, the Mayor
called for written and oral objections and there were none.
Bruce Meisinger, Budget Analyst, stated that the major reason for the
amendment was to include all federal and locally funded capital projects,
as well as increased revenues above the original budgeted levels. These
increased revenues are mainly due to increases in tax collections. He
explained that the amendments do not affect the tax levy. The amended budget
appropriations for increased expenditures must be offset by either fund
reserves or increased revenues.
May 22, 1989
Hearings - continued
Moved by Budak, seconded by Buck
that the hearing be closed. Motion carried.
93940 - Moved by Buck, seconded by Angel
Page 3
that "Resolution amending the F.Y.1989 Operating Budget as stated above", be
adopted. Ayes: Five. Absent: Wright, Brown.
Resolution adopted and upon approval by Mayor assigned No. 1989-239.
PETITIONS FROM PUBLIC
93941 - Moved by Dell, seconded by Fox
that communication from City Engineer transmitting request of Steve Bearbower
for temporary concrete driveway to be located at 1521 Patton, together with
recommendation of approval, be received, placed on file and "Resolution
approving said request", be adopted. Ayes: Five. Absent: Wright, Brown.
Resolution adopted and upon approval by Mayor assigned No. 1989-240.
93942 - Moved by Dell, seconded by Fox
that communication from City Engineer transmitting temporary signing request
of Covenant Medical Center to temporarily place signs to direct traffic for
emergency services from the West Ninth site to the Kimball Avenue site,
together with recommendation of approval, be received, placed on file and
"Resolution approving said request", be adopted. Ayes: Five. Absent:
Wright, Brown.
Resolution adopted and upon approval by Mayor assigned No. 1989-241.
REPORTS
93943 - The Mayor announced that the time had arrived for discussion on the proposed
transfer of jurisdiction of Highway 57 from the State of Iowa to the City of
Waterloo. As discussed by the Public Works Committee on May 8, discussion
centered on improvements to the Fereday curve. The proposed improvements
would be a New Jersey barrier along the median.
Councilperson Angel asked whether consideration had been given to
straightening the curve. It was reported that this was an option, but a very
expensive solution. She stated that the State should make this situation
"right" and pay for it. Bob Stevenson, City Planner, stated that U -STEP
funding would be available with 55 percent City participation and 45 percent
State participation. He reported that the New Jersey barrier is a safe and
acceptable standard by the State of Iowa. He reported that the State is not
interested in participating in any other kind of improvement to the curve
except a New Jersey barrier. It was reported that at the time of the
construction of the roadway, this curve met the design standards.
Councilperson Dell suggested a flashing light be placed on Highway 57 west of
Parker Street. This would warn motorists of the impending curve. It was
reported that the State would not concur in this recommendation.
Councilperson Angel also stated that the City could make the necessary
improvements to the curve once we take over the road, including signage.
Kathy Oberle, 710 Forest Avenue, stated that the New Jersey barrier is not the
proper solution to the problem. She stated that someone will die if the curve
is constructed. She suggested that rumble strips and lighting be used as
warnings.
Bob Stevenson again commented that rumble strips are not an acceptable means
of control since rumble strips indicate that a stop will be necessary. It is
not used as a warning device. Mr. Stevenson also reported that the New Jersey
barrier is designed to allow a vehicle to "hug the curve."
May 22, 1989 Page 4
Reports - continued
Boyd Niedert, 1019 Broadway Street, stated that when trucks hit the barrier,
sparks will fly and could potentially cause problems. With Fereday's being
the only party complaining, he suggested that it is not necessary for the City
to make the improvements as being suggested.
Vauda Hovey, 1013 Broadway Street, presented a petition of area residents
opposing the New Jersey barrier installation between Parker Street and Kern
Street. She also presented a letter from Lorraine Sherwood, 555 Newton
Street, opposing the New Jersey barrier.
Vauda Hovey, 1013 Broadway Street, stated that she had lived there since 1965
and that the barrier will not stop accidents. She also stated that the
additional money spent would be a great burden on taxpayers. She also
reported that she had never been approached by the City about purchasing the
houses along the roadway if the curve were straightened out.
Councilperson Buck asked whether or not this improvement would qualify as a
Community Development Block Grant expenditure.
Ms. Hovey again suggested that a large flashing light be placed on Highway 57
west of Parker Street. Councilperson Budak suggested that the speed limit be
lowered.
Jack Fry, 536 Newton Street, stated that the problem is the drivers using the
roadway and not the curve itself.
Brenda Niedert, 1019 Broadway Street, stated that there are a number of
handicapped persons in the neighborhood, and that her information states that
the bus will not pick up the kids at their homes if Parker Street is
"dead -ended." She also asked what the response time would be for fire and
ambulance services. Fire Chief Stapella stated that they have reviewed the
situation and have concluded that there would not be any adverse effect on
fire and ambulance services in the area.
Bob Stevenson, City Planner, stated that Parker Street would not be dead -ended
as referred to above. There would not be a median cut at Broadway Street,
thus allowing right in, right out turns only.
Marlyn Clark, 540 Newton Street, asked where there are New Jersey barriers in
the City with a 30 mph speed limit. It was reported that there is a New
Jersey barrier on Texas Street with a 30 mph limit. He also asked why the
City was not proposing a New Jersey barrier on the IPS curve or llth Street
curve, both on Highway 57. He suggested that the City does not need to
install the barrier except to protect Feredays.
Councilperson Buck stated that currently the City does not have the financial
means to finance the improvements to the curve, including straightening it
out. He suggested, as a daily user of this highway, that people drive too
fast.
Moved by Buck, seconded by Budak
that communication from the Transportation Program Manager transmitting
recommendation to apply for State funding for improvements to the Fereday
curve to construct a New Jersey barrier along the median, be received, placed
on file and "Resolution approving staff to proceed with the transfer of
jurisdiction of Highway 57 from the State of Iowa to the City of Waterloo
with the deletion of pursuing State funding for New Jersey barrier safety
improvements to the Fereday curve", be adopted. Ayes: Dell, Fox, Angel,
Budak. Nays: Buck. Absent: Wright, Brown.
Resolution adopted and upon approval by Mayor assigned No. 1989-242.
May 22, 1989
DOCUMENTS
Page 5
93944 - Moved by Angel, seconded by Fox
that communication from City Planner transmitting the Preliminary Plat of
Hawkeye Heights Subdivision, 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: Five. Absent: Wright, Brown.
Resolution adopted and upon approval by Mayor assigned No. 1989-243.
93945 - Moved by Angel, seconded by Fox
that communication from Assistant City Engineer transmitting Change Order No.
15 for a net decrease of $7,712.50 and Change Order No. 16 for a net decrease
of $4,787.50 for work performed by Youngblut Contracting, Inc. in conjunction
with F.Y. 1987 W.C.F.&N. Drive Paving Project --Phases 1 & 2, Contract No. 297,
be received, placed on file and approved and Mayor and Deputy Clerk/Auditor
authorized to execute same. Motion carried.
93946 - Moved by Angel, seconded by Fox
that communication from Assistant City
and Recommendation of Acceptance for F
Contract No. 343, be received, placed
documents", be adopted. Ayes: Five.
Engineer transmitting Completion Report
.Y. 1988 Leather Processor Access Road,
on file and "Resolution approving said
Absent: Wright, Brown.
Resolution adopted and upon approval by Mayor assigned No. 1989-244.
93947 - Moved by Angel, seconded by Fox
that Maintenance Bond in conjunction with F.Y. 1988 Leather Processor Access
Road, Contract No. 343, from Cedar Valley Corporation of Waterloo, Iowa, be
received and placed on file. Motion carried.
93948 - Moved by Angel, seconded by Fox
that communication from Assistant City Engineer transmitting Indemnity
Agreement with Mark C. and Charlotte F. Weidner for use of City right-of-way
for automatic sprinkler system, 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: Wright, Brown.
Resolution adopted and upon approval by Mayor assigned No. 1989-245.
93949 - Moved by Angel, seconded by Fox
that communication from Assistant City Engineer transmitting Completion Report
and Recommendation of Acceptance for F.Y. 1987 W.C.F.&N. Drive Paving --Phase 1
& II, Contract No. 297, be received, placed on file and "Resolution approving
said documents", be adopted. Ayes: Five. Absent: Wright, Brown.
Resolution adopted and upon approval by Mayor assigned No. 1989-246.
93950 - Moved by Angel, seconded by Fox
that Maintenance Bond in conjunction with F.Y. 1987 W.C.F.&N. Drive
Paving Project --Phase I and II, Contract No. 297, from Youngblut Contracting,
Inc. of Washburn, Iowa, be received and placed on file. Motion carried.
RESOLUTIONS TO BE ADOPTED
93951 - Moved by Fox, seconded by Angel
that "Resolution by the City Council of the City of Waterloo, Iowa, as the
Waterloo Housing Authority, authorizing the disposal of used refrigerators
from the Ridgeway Towers, IA050003, Public Housing Project", be adopted.
Ayes: Five. Absent: Wright, Brown.
Resolution adopted and upon approval by Mayor assigned No. 1989-247.
May 22, 1989
Page 6
Resolutions to be Adopted - continued
93952 - Moved by Fox, seconded by Angel
that "Resolution authorizing Deputy Clerk/Auditor to certify against property
taxes certain unpaid state -mandated rental property inspections", be adopted.
Ayes: Five. Absent: Wright, Brown.
Resolution adopted and upon approval by Mayor assigned No. 1989-248.
BILLS PAYMENT
93953 - Moved by Angel, seconded by Fox
that "Resolution approving Schedule A918, pp. 1-71, in the amount of
$1,206,505.18, copies of which are on file in the Clerk/Auditor's Office", be
adopted. Ayes: Four. Absent: Wright, Brown. Abstain: Buck.
Resolution adopted and upon approval by Mayor assigned No. 1989-249.
NEW BUSINESS
93954 - Moved by Dell, seconded by Budak
that communication from City Engineer transmitting recommendation of
appointment of Ron Adams to the position of Technician in the Engineering
Department, subject to passing the required physical examination, be received,
placed on file and approved. Motion carried.
93955 - Moved by Dell, seconded by Budak
to instruct City Engineer to prepare plans, specifications, etc. for F.Y. 1989
Asphalt Overlay Program, Contract No. 360, be received and placed on file.
Motion carried.
93956 - Moved by Dell, seconded by Budak
that plans, specifications, etc. for F.Y. 1989 Asphalt Overlay Program,
Contract No. 360, be received, placed on file and "Resolution preliminarily
approving same", be adopted. Ayes: Five. Absent: Wright, Brown.
Resolution adopted and upon approval by Mayor assigned No. 1989-250.
93957 - Moved by Dell, seconded by Budak
that "Resolution setting date of hearing as June 12, 1989 on plans,
specifications, etc. and taking of bids as June 12, 1989 at 7:00 p.m. in the
City Hall Council Chambers on F.Y. 1989 Asphalt Overlay Program, Contract No.
360", be adopted and Deputy Clerk/Auditor instructed to publish notice of
hearing accordingly. Ayes: Five. Absent: Wright, Brown.
Resolution adopted and upon approval by Mayor assigned No. 1989-251.
Travel Requests
93958 - Moved by Fox, seconded by Buck
that the following travel request, with expenses not to exceed amount shown,
be received, placed on file and approved:
1. John Meyer, Public Works Director, to attend American Public Works
Association International Congress & Equipment Show in Orlando, Florida
on September 23-28, 1989, with costs not to exceed $1,055.00.
Motion carried.
May 22, 1989 Page 7
MISCELLANEOUS
93959 - Moved by Fox, seconded by Buck
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 applications for temporary beer garden, dance license,
fireworks display and cigarette licenses, be received, placed on file and
approved:
1. Beer License Permit Application
Class C
Schoepske's, 923 West 3rd Street (Renewal) (Expires 5/29/90) (Includes
Sunday Sales)
2. Beer & Liquor License Permit Application
Class C
Rita's Place, 3005 University Avenue (Renewal) (Expires 5/31/90)
Goodies II, 115 Sumner Street (Renewal) (Expires 6/8/90) (Includes Sunday
Sales)
3. Liquor License Permit Application
Class C(BW)
Stoney's Pub & Deli, 169 Crossroads Boulevard (Old Location/New
Application) (Expires 5/22/90) (Includes Sunday Sales)
Application for Temporary Beer Garden
Holiday Inn Civic Center, 4th & Commercial (2 days --5/27/89 and 8/26/89)
Application for Dance License
B.P.O. Elks #290, 407 East Park Avenue
Ally Oop, 308 East 7th Street
Application for Fireworks Display
Chamber of Commerce, Waterloo Municipal Airport, June 10, 1989
Cigarette License Application
Two (2)
Motion carried.
BONDS
93960 - Moved by Angel, seconded by Dell
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through May 22, 1989, be received, placed on file and report and
bonds approved. Motion carried.
ORAL PRESENTATIONS
93961 - James Robison referred to an article in the Waterloo Courier on Sunday, May
14, 1989. It referred to comments made by Officer Tom Jennings concerning an
incident involving Mr. Robison. Mr. Robison stated that the facts were untrue
and that the whole truth was not told. Mr. Robison reported that even though
his name was not mentioned in the article, Officer Jennings' comments revealed
who the incident concerned. He asked that this be stopped immediately.
Police Chief Roger Shook stated that the Waterloo Courier article did not
refer to any times, dates or places. As a matter of fact, the first public
mention of who was involved in the drug incident was Mr. Robison bringing it
to the Council's attention tonight.
Kathy Oberle, 710 Forest Avenue, clarified a story which appeared in tonight's
edition of the Waterloo Courier concerning the petition of residents calling
for a change in the City government to allow hiring of a City Manager and five
at -large councilpersons.
May 22, 1989 Page 8
Oral Presentations - continued
She suggested it would be cost effective since we would be doing away with two
councilpersons' salary and doing away with the current Mayor's salary. She
also suggested that the hiring of a City Manager would reduce the consulting
fees of the City. She stated that we need a change, and that this issue
should be put to the people for a vote. She contested the Mayor's comments
that businesses would be worried to come to the City with such a change.
Mayor McKinley responded that there are many pros and cons to the issue, and
that there is some negative possibilities associated with the election of five
individuals from an at -large population. He stated that this may cause some
areas in the community not to be represented on the Council. He also stated
that the issue needs further time and study.
Ms. Oberle further stated that the City government currently is not open to
all persons and that the Council has the appearance of listening to only a
select few. She stated that a City Manager would give us the expertise needed
so that the Council could make informed decisions.
Councilperson Dell took issue with Ms. Oberle's statement that the Council did
not listen to the people. He stated that he very openly listens and makes
decisions based upon citizen input. Councilperson Angel also stated that the
Council does listen as was demonstrated tonight during discussion on the
Fereday curve issue (See CR 93943).
Moved by Buck, seconded by Dell
that the above remarks be received and placed on file and the meeting be
adjourned. Motion carried.
Michelle Temeyer
Deputy Clerk/Auditor