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HomeMy WebLinkAbout05/08/1989May 8, 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 8, 1989. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak and Brown. Invocation by: Councilperson Fox Pledge of Allegiance: Fire Chief Stapella 93847 - Moved by Buck, seconded by Wright that the Agenda, as proposed, for the Regular Session on May 8, 1989, at 7:00 p.m. and the Minutes of the Regular Session on May 1, 1989 at 7:00 p.m., be accepted and approved. Motion carried. Mayor McKinley introduced students from Grant School who were visiting tonight's Council meeting as a Partner in Education program. Student Council members who were present include: Freddy Frankin, Linsay Carter, Wesley Carter, Samatha Olson, Sherrell Bishop, Alisha Kane, Corey Wagner, Allison Cook, Daniel Payne, Webster Andrews, Kendra Hoven, Tonkeya Jackson, Carleasa Myles, Brian Thompson, Tim Massina, Angia Taylor, and Jeanille Faust. The following teachers were recognized including: Karen Pelton, Judy Fossell, Tom Knapp and Angie Glazebrook. Several parents were also introduced. Mayor McKinley presented a Certificate of Recognition to Connie Franke for her participation in winning the Marathon at the Drakes Relays held on May 6th. Councilperson Fox also commended her for her hard work and winning attitude. Mayor McKinley read a proclamation declaring May 14-20, 1989 as National Historical Preservation Week. A certificate was presented to Rose Middleton, a member of the Historic Preservation Commission. HEARINGS 93848 - Moved by Buck, seconded by Angel that proof of publication of notice of public hearing on the request of Tuve Investments, Inc. to vacate a portion of the platted utility easement on a part of Lot 2, Southbrooke Second Addition, as published in the Waterloo Courier on April 21, 1989, be received and placed on file. Motion carried. 93849 - HOLD HEARING --This being the time and place of hearing, the Mayor called for written and oral objections and there were none. Moved by Fox, seconded by Buck 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. 93850 - Moved by Budak, seconded by Dell that "an Ordinance vacating a portion of the platted utility easement on a part of Lot 2, Southbrooke Second Addition", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 93851 - Moved by Brown, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 93852 - Moved by Fox, seconded by Dell 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: Seven. Motion carried. May 8, 1989 Page 2 93853 - Moved by Angel, seconded by Brown that "an Ordinance vacating a portion of the platted utility easement generally located on part of Lot 2, Southbrooke Second Addition", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3643. 93854 - Moved by Buck, seconded by Budak that proof of publication of notice of public hearing on the request of Greg Bagsby to rezone from "R-2" One and Two Family Residence District to "C -Z" Conditional Zoning District property generally located at 211 Linn Street on the northwest corner of Sumner and Linn Streets, as published in the Waterloo Courier on April 21, 1989, be received and placed on file. Motion carried. 93855 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral objections. Don Temeyer, Planning and Development Director, stated that the Planning, Programming and Zoning Commission recommended approval of the request subject to the following conditions: Providing a hard surfaced parking lot with at least three parking spaces, screened or fenced off from the surrounding property, direct any parking lot lighting away from residential properties and to close the business at 10:00 p.m. Sunday through Thursday and at midnight on Friday and Saturday. Henrietta Hallowell, 203 Sumner Street, objected to the rezoning. She stated that it is an old neighborhood with older people living in the area and that dope and trash will become a problem. She also indicated that the building is not up to code and will require much work before occupancy. Cullen Crawford, Crawford's Laundromat and Grocery, 1208 East 4th Streets stated that this site is not a good location for the youth of our community. He stated that the kids do not need a place to gather but rather a location where they can learn something. Alberta Morehead, one of the requesters of the a place to congregate in a constructive willingness to work with the neighborhood and right direction. In response to a question indicated that she or the other owner (Greg hall. rezoning, stated that kids need manner. She indicated their to lead and guide them in the from Councilperson Angel, she Bagsby) intend to work at the Brian Robison, representing his mother, stated that there were many people against the request. He also asked that the owners pledge their support in working out problems should they arise in the neighborhood. Greg Bagsby indicated that he would maintain his property and be responsible for the conduct of the kids on the premises. He made it clear that he would be responsible for activities on the premises but not for activities that may occur off premises. Councilperson Wright inquired about the security plan for the premises. Mr. Bagsby indicated that he would work for a satisfactory security arrangement to relieve seniors in the area of concerns or fears. Mr. Bagsby also indicated that parents of the teens at the center would be allowed to be on the premises. Moved by Buck, seconded by Angel that the hearing be closed and the recommendation of approval of tht Planning, Programming and Zoning Commission, be received and placed on file. Motion carried. May 8, 1989 Page 3 93856 - Moved by Buck, seconded by Angel that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 21 to Section 2A -7N, Conditional Rezoning Certain Property", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 93857 - Moved by Buck, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 93858 - Moved by Budak, seconded by Buck 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: Seven. Motion carried. 93859 - Moved by Buck, seconded by Angel that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 21 to Section 2A -7N, Conditional Rezoning Certain Property", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3644. 93860 - Moved by Brown, seconded by Wright that proof of publication of notice of public hearing on the request of Joel Harris that his carpet and furniture cleaning business office located at 1321 West Fourth Street be approved as a permitted use for this property which is zoned "R-4" Multiple Family Residence District, as published in the Waterloo Courier on April 21, 1989, be received and placed on file. Motion carried. 93861 - 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 Brown that the hearing be closed and the recommendation of approval of the Planning, Programming and Zoning staff and written comments be received and placed on file. Motion carried. 93862 - Moved by Budak, seconded by Angel that "Resolution authorizing the request of Joel Harris that his carpet and furniture cleaning business office located at 1321 West Fourth Street be approved as a permitted use for this property which is zoned "R-4" Multiple Family Residence District", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-204. 93863 - Moved by Fox, seconded by Buck that proof of publication of notice of public hearing on the Planning, Programming and Zoning Commission's proposed amendment to the Zoning Ordinance, No. 2479, as amended, pertaining to the maximum size of accessory buildings or garages, as published in the Waterloo Courier on April 21, 1989, be received and placed on file. Motion carried. 93864 - 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 Budak 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. May 8, 1989 Page 4 93865 - Moved by Dell, seconded by Brown that "an Ordinance amending Zoning Ordinance, No. 2479, as amended, pertaining to the maximum size of accessory buildings or garages", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 93866 - Moved by Angel, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 93867 - Moved by Fox, seconded by Dell 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: Seven. Motion carried. 93868 - Moved by Dell, seconded by Buck that "an Ordinance amending Zoning Ordinance, No. 2479, as amended, pertaining to the maximum size of accessory buildings or garages", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3645. PETITIONS FROM PUBLIC 93869 - Moved by Brown, seconded by Wright that communication from Transportation Program Manager transmitting signing request from Steamboat Gardens, Inc. to temporarily place signs on Fletcher and University, University and Knoll, University and Ansborough, Ansborough and Falls, Bismark and Cleveland, Knoll and Bismark in conjunction with Cleveland Street, IX -6615(7)--79-07, Contract No. 364, together with recommendation of City staff with the stipulation that the City is held harmless from any and all situations that may be created due to the placing of signs on City right-of-way, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-205. 93870 - Moved by Brown, seconded by Wright that communication from City Planner transmitting request of Baroid Industries for Bentonite Plant at Vaughn and Westfield behind Dawson Foundry for a waiver of the building moratorium on Relocated 218 highway corridor, together with recommendation of approval of the Gateway Committee, be received, placed on file and "Resolution setting date of hearing as May 22, 1989 at 7:00 p.m. in the City Hall Council Chambers on the above described request", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-206. 93871 - Moved by Brown, seconded by Wright that communication from City Planner transmitting request of Peoples Bank & Trust Company to vacate, sell and convey a portion of LaPorte Road right-of-way south of San Marnan Drive, be received, placed on file and "Resolution setting date of hearing as May 22, 1989, at 7:00 p.m. in City Hall Council Chambers on the above described request", be adopted and Deputy Clerk/Auditor instructed to publish notice of same. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-207. Page 5 May 8, 1989 DOCUMENTS 93872 Moved by Fox, seconded by Dell that communication from Transportation Program Manager transmitting Certification of Completion and Final Acceptance of Agreement Work for work completed by Iowa Public Service Electric Co., in conjunction with,' Hoff -- Road, IX -6587(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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-208. 93873 - Moved by Fox, seconded by Dell that communication from Transportation Program Manager transmitting Certification of Completion and Final Acceptance of Agreement Work for work completed by Iowa Public Service Electric Co., in conjunction with Dysart Road, IX -6691(2)--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. 1989-209. 93874 - Moved by Fox, seconded by Dell that communication from Transportation Program Manager transmitting Certification of Completion and Final Acceptance of Agreement Work for work completed by Waterloo Water Works, 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: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-210. RESOLUTIONS TO BE ADOPTED 93875 - Moved by Wright, seconded by Brown that "Resolution approving purchase of property located at 171 West llth Street from Mr. and Mrs. Condon L. Brody and Mrs. Mamie E. Brody Kruse for the purpose of possible future expansion and improvements of Central Garage", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 1989-211. ORDINANCES TO BE ADOPTED 93876 - Moved by Wright, seconded by Buck that "an Ordinance amending the 1988 Traffic Code by repealing Subsections (50) and (51) Independence Avenue of Section 541, Increasing Speed Limits in Certain Areas; and by enacting in lieu thereof new Subsections (50) and (51) Independence Avenue to Section 541, Increasing Speed Limits in Certain Areas", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 93877 - Moved by Buck, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Seven. Motion carried. 93878 - Moved by Budak, seconded by Wright 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: Seven. Motion carried. May 8, 1989 Page 6 93879 - Moved by Dell, seconded by Angel that "an Ordinance amending the 1988 Traffic Code by repealing Subsections (50) and (51) Independence Avenue of Section 541, Increasing Speed Limits in Certain Areas; and by enacting in lieu thereof new Subsections (50) and (51) Independence Avenue to Section 541, Increasing Speed Limits in Certain Areas", be adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 3646. BILLS PAYMENT 93880 - Moved by Angel, seconded by Buck that "Resolution approving Schedule A918, pp. 1-52, in the amount of $978,791.81, and Schedule W900, pp. 1-5, in the amount of $39,251.82, dated May 8, 1989, 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. 1989-212. NEW BUSINESS 93881 - Moved by Buck, seconded by Brown that communication from Mayor Bernard L. McKinley transmitting appointment of Thomas J. Winninger to the Airport Commission effective immediately, with an expiration date of September 17, 1993, be received, placed on file and approved. Motion carried. MISCELLANEOUS 93882 - Moved by Brown, 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, and the following applications for temporary beer garden, dance license and cigarette licenses, be received, placed on file and approved: 1. Beer License Permit Application Class B Chamber of Commerce, 1000 Fletcher (14 days --6/3/89 - 6/17/89) (Includes Sunday Sales), together with request to transfer said license to each of the following locations: Byrnes Park, Cedar River Park and the Waterloo Airport. 2. Beer & Wine License Permit Application Class E Ray's Super Value, 1975 Franklin (New Owner) (Expires 5/9/90) (Includes Sunday Sales) 3. Beer & Liquor License Permit Application Class C Packers Inn, 201 Rath Street (Renewal) (Expires 5/20/90) (Includes Sunday Sales) Application for Temporary Beer Garden Waterloo Chamber of Commerce, Byrnes Park, 1000 Fletcher Avenue (1 day --6/3/89) Waterloo Chamber of Commerce, Cedar River Park, 615 Park Road (2 days --6/4/89 and 6/11/89) Waterloo Chamber of Commerce, Waterloo Airport Grounds, 2790 Airport Boulevard (1 day --6/10/89) Application for Dance License Fraternal Order of Eagles #764, 202 East First Street Goodies II, 115 Sumner Street Electric Park Ballroom, 300 Rainbow Drive Cigarette License Application Two (2) Motion carried. May 8, 1989 Page 7 BONDS 93883 - Moved by Angel, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through May 8, 1989, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS Councilperson Buck asked for clarification of the City's position on the construction of a skywalk from the West Side Parking Ramp to the River Plaza building. Buck stated that he had received several letters about the City's intention to construct the skywalk and felt that some people may be confused on the facts of the issue. Don Temeyer, Planning and Development Director, stated that the skywalk is shown in the City's Transportation program and was included in the overall downtown skywalk study that was adopted by the City Council in 1984. The City recognizes that as development occurs in the area, the need may exist for a skywalk. Still the question remains as to where it would be located and the financial feasibility of the project. The skywalk would require substantial investment by adjoining property owners. Mayor McKinley announced that the Black Hawk County household toxic waste clean-up day is scheduled for Saturday, June 3, 1989 from 8:00 a.m. to 3:00 p.m. at the Cattle Congress Grounds. This is for household waste only. Robert Luloff, 1708 Hyperion Drive, and a resident in the vicinity asked for the Council to address the dust problem on Wagner Road south of Highway 57. Dick Grimm, Street Superintendent, commented that due to City cutbacks, the City has not been performing dust treatments on unpaved roads. This situation will be reviewed. Don Richards, 1124 Kern Street, asked that the Mayor and City Council reconsider its sidewalk ordinance for possible revision. He disagreed with some of the areas marked for replacement in the Broadway, Conger and Parker Street areas. Mayor McKinley stated that the Public Works Committee will be reviewing the ordinance. Due to a recent Supreme Court ruling against the City of Dubuque, the City of Waterloo has enacted the ordinance to relieve potential liability to the City. Moved by Buck, seconded by Brown that the above comments be received, placed on file and the meeting be adjourned. Michelle Temeyer Deputy Clerk/Auditor