HomeMy WebLinkAbout05/01/1989May 1, 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 1, 1989. Mayor Bernard L. McKinley in the
Chair. Roll Call: Dell, Fox, Angel, Buck, Wright, Budak, Brown.
Invocation by: Councilperson Dave Buck
Pledge of Allegiance: Troop #321 --Andrea Hemmer, Sherrie Backes, Katie Fetter, Laura
Kresser, Laurie Schmitz, Jody Freiberg, Brandi Swartz
93819 - Moved by Angel, seconded by Dell
that the Agenda, as proposed, for the Regular Session on May 1, 1989 at 7:00
p.m. and the Minutes of the Regular Session on April 24, 1989 at 7:00 p.m., be
accepted and approved. Motion carried.
Mayor McKinley read a proclamation declaring May, 1989 as Motorcycle Awareness
Month.
HEARINGS
93820 - Moved by Fox, seconded by Brown
that proof of publication of notice of public hearing on extension of building
moratorium along U.S. Highway 218 from May 7, 1989 to August 7, 1989, as
published in the Waterloo Courier on April 25, 1989, be received and placed on
file. Motion carried.
93821 - HOLD HEARING --This being the time and place of public hearing, the Mayor called
for written and oral objections.
Wayne Snyder reported that the Gateway Committee has received confirmation that
the RUDAT Study Team will be in Waterloo for a RUDAT project soon. They will
develop a plan for the gateway along the U.S. 218 Corridor. Extending the
moratorium an additional three months will allow the Gateway Committee to
complete their study for presentation to the Council.
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.
93822 - Moved by Dell, seconded by Buck
that "Resolution authorizing the extension of the building moratorium along
U.S. Highway 218 from May 7, 1989 to August 7, 1989", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-189.
PETITIONS FROM PUBLIC
93823 - Moved by Budak, seconded by Buck
that communication from Transportation Program Manager transmitting request of
Cedar Valley Corporation for a variance to Chapter 25.5 of the Noise Control
Ordinance to conduct sawing operations in conjunction with Cleveland Street,
6627(3)--79-07, Contract No. 364, together with recommendation of approval, be
received, placed on file and "Resolution approving said request", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-190.
May 1, 1989 Page 2
Petitions from Public - continued
93824 - Moved by Budak, seconded by Buck
that communication from City Planner transmitting request of National Cattle
Congress to sell and convey a portion of Ansborough Avenue generally located
north of Rainbow Drive, together with recommendation of approval of the
Planning, Programming and Zoning Commission, be received, placed on file and
and "Resolution setting date of hearing as May 15, 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: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-191.
93825 - Moved by Budak, seconded by Buck
that communication from City Engineer transmitting request of Robert C. Dunlap
for temporary concrete driveway to be located at 2301 West 7th Street, together
with recommendation of approval, be received, placed on file and "Resolution
approving said request", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-192.
93826 - Moved by Budak, seconded by Buck
that communication from Assistant City Engineer transmitting request of Cedar
Valley Corporation for a variance to Chapter 25.5 of the Noise Control
Ordinance to conduct sawing operations in conjunction with F.Y. 1989 Street
Reconstruction Program, Contract No. 357, together with recommendation of
approval, be received, placed on file and "Resolution approving said request",
be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-193.
93827 - Moved by Budak, seconded by Buck
that communication from City Engineer transmitting request of Irving F. Jensen
Construction Company and Winnebago Constructors, Inc. for a variance to truck
embargo on Rainbow Drive from Ansborough Avenue to Greenhill Road in
conjunction with Relocated U.S 218 project, IX -218-7(70)--3P-07, be received,
placed on file and "Resolution approving said request", be adopted. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-194.
DOCUMENTS
93828 - Moved by Wright, seconded by Brown
that communication from Assistant City Engineer transmitting Change Order No. 2
for a net decrease of $798.81 for work performed by Happel Excavating, Inc. in
conjunction with F.Y. 1988 Northeast Area Sanitary Sewer Extension, Contract
No. 344, be received, placed on file and approved and Mayor and Clerk/Auditor
authorized to execute same. Motion carried.
93829 - Moved by Wright, seconded by Brown
that communication from Assistant City Engineer transmitting Completion Report
and Recommendation of Acceptance for F.Y. 1988 Northeast Area Sanitary Sewer
Extension, Contract No. 344, be received, placed on file and "Resolution
approving said documents", be adopted. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-195.
93830 - Moved by Wright, seconded by Brown
that Maintenance Bond in conjunction with F.Y. 1988 Northeast Area Sanitary
Sewer Extension, Contract No. 344, from Happel Excavating, Inc. of Waverly,
Iowa, be received and placed on file. Motion carried.
May 1, 1989
Page 3
Documents - continued
93831 - Moved by Wright, seconded by Brown
that communication from Assistant City Engineer transmitting Agreement for the
construction and maintenance of drain tile system on Iowa Northern Railway
Company right-of-way in conjunction with F.Y. 1989 Commercial, Jefferson, West
Seventh Streets, Contract No. 350, together with recommendation of approval, be
received, placed on file and "Resolution approving said agreement", be adopted
and Mayor and Clerk/Auditor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-196.
93832 - Moved by Wright, seconded by Brown
that communication from Assistant City Engineer transmitting Contracts, Bonds &
Certificates of Insurance from Youngblut Contracting, Inc. of Washburn, Iowa in
the amount of $350,787.20 in conjunction with F.Y. 1989 Commercial, Jefferson,
and West Seventh Streets, Contract No. 350, be received, placed on file and
"Resolution approving said documents", be adopted and Mayor and Clerk/Auditor
authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-197.
93833 - Moved by Wright, seconded by Brown
that communication from Assistant City Engineer transmitting Engineering
Services Contract with Wayne Claassen Engineering & Surveying, Inc. in
conjunction with F.Y. 1989 Cloverdale Acres Area Stormwater Outlet Structure,
Contract No. 379, together with recommendation of approval, be received, placed
on file and "Resolution approving said contract", be adopted and Mayor and
Clerk/Auditor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-198.
93834 - Moved by Wright, seconded by Brown
that communication from City Engineer transmitting proposed Engineering
Services Contract with Brice, Petrides -Donohue Co. for structural inspection of
City's bridges, together with recommendation of approval, be received, placed
on file and "Resolution approving said contract", be adopted and Mayor and
Clerk/Auditor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-199.
93835 - Moved by Wright, seconded by Brown
that communication from Transportation Program Manager transmitting
recommendation on award of bid to Al Little of Waterloo, Iowa, for Appraisal
Contract in conjunction with Ansborough Avenue right-of-way, IX -6615(5)--79-07,
be received, placed on file and "Resolution approving said contract", be
adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes:
Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-200.
93836 - Moved by Wright, seconded by Brown
that communication from City Engineer transmitting agreement with Chicago and
North Western Transportation Company for right-of-way use for a sixty inch
storm sewer, together with recommendation of approval, be received, placed on
file and "Resolution approving said agreement", be adopted and Mayor and
Clerk/Auditor authorized to execute same. Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-201.
May 1, 1989 Page 4
RESOLUTIONS TO BE ADOPTED
93837 - Moved by Fox, seconded by Buck
that "Resolution authorizing and directing the Clerk/Auditor to destroy certain
tape recordings of various City Council Committee meetings", be adopted.
Ayes: Seven.
Resolution adopted and upon approval by Mayor assigned No. 1989-202.
ORDINANCES TO BE ADOPTED
93838 - Mike Snell, owner of the Devil's Den, 319 West Fourth Street, asked that his
business be "grandfathered in" and allowed to continue to operate. He also
stated that if the ordinance were taken to court, he was confident that he
could win based upon a similar case in Texas.
Moved by Dell, seconded by Brown
that "an Ordinance amending the Waterloo Zoning Ordinance No. 2479 by adding
Subsection (5.1) Adult Businesses/Adult Uses to Part III, 2A-3, Definitions; by
repealing Subsection 2A -27(A), Principal Permitted Uses, of Part XIII, "C-2"
Commercial District; and by enacting in lieu thereof a new Subsection 2A -27(A),
Principal Permitted Uses, of Part XIII, "C-2" Commercial District; by adding
Subsection (10) Adult Businesses/Adult Uses to Part XXII, Exceptions and
Modifications, Section 2A-48 (H), Special Permit Required; by adding Subsection
(N) Adult Uses, to Part XXII, Section 2A-48, Exceptions and Modifications; by
repealing Subsection 2A-56, Violation and Penalties, of Part XXVII, Violation,
Penalties and Enforcement; and by enacting in lieu thereof a new Subsection
2A-56, Violation and Penalties, to Part XXVII, Violation, Penalties and
Enforcement (Adult Entertainment Establishments)", be received, placed on file
considered and passed for the third time. Ayes: Seven. Motion carried.
93839 - Moved by Brown, seconded by Dell
that "an Ordinance amending the Waterloo Zoning Ordinance No. 2479 by adding
Subsection (5.1) Adult Businesses/Adult Uses to Part III, 2A-3, Definitions; by
repealing Subsection 2A -27(A), Principal Permitted Uses, of Part XIII, "C-2"
Commercial District; and by enacting in lieu thereof a new Subsection 2A -27(A),
Principal Permitted Uses, of Part XIII, "C-2" Commercial District; by adding
Subsection (10) Adult Businesses/Adult Uses to Part XXII, Exceptions and
Modifications, Section 2A-48 (H), Special Permit Required; by adding Subsection
(N) Adult Uses, to Part XXII, Section 2A-48, Exceptions and Modifications; by
repealing Subsection 2A-56, Violation and Penalties, of Part XXVII, Violation,
Penalties and Enforcement; and by enacting in lieu thereof a new Subsection
2A-56, Violation and Penalties, to Part XXVII, Violation, Penalties and
Enforcement (Adult Entertainment Establishments)", be adopted. Ayes: Seven.
Ordinance adopted and upon approval by Mayor assigned No. 3642.
BILLS PAYMENT
93840 - Moved by Angel, seconded by Wright
that "Resolution approving Schedule A918, pp. 1-34, in the amount of
$91,228.49, and Schedule W900, pp. 1-4, in the amount of $5,451.15, 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. 1989-203.
NEW BUSINESS
93841 - Moved by Buck, seconded by Wright
that communication from Mayor Bernie McKinley transmitting recommendation of
appointment of Rose Middleton, Margo Dundon and Dave Swinehart to the
Historical Preservation Commission for another three year term, with expiration
date of April 7, 1992, be received, placed on file and approved. Motion
carried.
May 1, 1989
New Business - continued
93842 - Moved by Buck, seconded by Wright
Page 5
that communication from Mayor Bernie McKinley transmitting recommendation of
appointment of John W. Rathjen to the Waterloo Redevelopment Authority,
effective immediately, with expiration date of October 13, 1991, be received,
placed on file and approved. Motion carried.
Travel Requests
93843 - Moved by Buck, seconded by Budak
that the following travel requests, with expenses not to exceed amount shown,
be received, placed on file and approved:
1. Dennis Damon, Lieutenant, to attend Creative Training Techniques Seminar
in Des Moines, Iowa on May 18-19, 1989, with costs not to exceed $705.00,
including the use of City vehicle.
2. Richard Grimm, Street Superintendent, to attend the Local Road & Street
Pavement Management Seminar in -Ames, Iowa on May 18-19, 1989, with costs
not to exceed $127.00, including the use of City vehicle.
Motion carried.
MISCELLANEOUS
93844 - Moved by Buck, seconded by Budak
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, theater licenses, roller skating ring, dance licenses and pawnbroker's
and secondhand goods dealer's licenses, be received, placed on file and
approved:
1. Beer License Permit Application
Class B
Stoney's Pub & Deli II, 185 West 4th (14 days --5/26/89 - 6/8/89)
Godfather's Pizza, 1946 Schukei Road (Renewal) (Expires 5/16/90) (Includes
Sunday Sales)
2. Beer License Permit Application
Class C
Revco Drug Center, 2068 Logan Avenue (Renewal) (Expires 5/31/90) (Includes
Sunday Sales)
3. Beer & Liquor License Permit Application
Class A
Amvet Home, Inc., 32 Lafayette Road (Renewal) (Expires 5/14/90) (Includes
Sunday Sales)
4. Beer & Liquor License Permit Application
Class B
Ramada Hotel, 214 Washington (Renewal) (Expires 5/15/90) (Includes Sunday
Sales)
5. Beer & Liquor License Permit Application
Class C
Silver Fox, 910 West 5th Street (Renewal) (Expires 5/7/90) (Includes
Sunday Sales)
Eclipse, 211 West 18th Street (Renewal) (Expires 5/1/90) (Includes Sunday
Sales).
Application for Temporary Beer Garden
Stoney's Pub & Deli, 185 West 4th Street (2 days --May 26 & May 27)
May 1, 1989
Miscellaneous - continued
Application for Theater License
Danish Book World II, 1507 LaPorte Road
Devil's Den, 319 West 4th Street
Crossroads 7 Theatres, 2450 Crossroads Boulevard
Starlight Drive -In Theatre, 4000 University Avenue
Application for Roller Skating Ring
Skates Alive, Inc. 1101 Black Hawk Road
Application for Dance License
Knights of Columbus, 1955 Locke
The Winning Edge, 341 Fletcher Avenue
Veterans of Foreign Wars, 612 Jefferson
The Waterloo Club, 10 West 4th Street
Application for Pawnbroker's and Secondhand Goods Dealer's License
Farris Pawn Shop, 184 West 18th Street
Sycamore Pawn Shop, 1202 Sycamore Street
Duees Pawn Shop 22432 Independence Avenue
Levi Brothers Jewelers, Ltd., 306 East 4th Street
A-1 Pawn Shop, 2016 Black Hawk Street
Page 6
Motion carried.
BONDS
93845 - Moved by Buck, seconded by Angel
that the report of the City Attorney and list of bonds filed with the
Clerk/Auditor through May 1, 1989, be received, placed on file and report and
bonds approved. Motion carried.
ORAL PRESENTATIONS
93846 - Mayor McKinley recognized Councilperson Fox for his participation in the Drake
Relay Marathon Race and for completing the 26 mile run in 3 hours and 32
minutes.
Mayor McKinley stated that several citizens have approached him concerning the
sidewalk inspection and repair program recently initiated by the City. He
stated that the reason the City has begun an inspection program is directly
related to a Dubuque lawsuit whereby the City was found liable for an injury.
In this case, the city did not have an inspection program in existence and was
found liable for the injury. In essence, if the City has an inspection program
in existence, they are somewhat removed for liability purposes. The Mayor
indicated that City Inspectors are inspecting Area 10, a geographical area of
the City. He indicated that the City's Public Works Committee will review the
criteria that is currently within the ordinance and may suggest some
alternatives.
Paul Huntley, 1042 Columbia Street, stated that he has lived in his current
home for 45 years. The inspections that have been completed in this area and
marked for replacement have only hairline cracks and do not present a safety
problem at this time.
Harold Jackson, 1200 Ackermant Street, questioned the criteria used by the
Inspectors. The criteria within the ordinance is subjective and makes it hard
for the Inspector to determine clearly whether or not a section needs to be
repaired. He stated that he was not against the sidewalk repair program but
felt that the ordinance was not objective and asked that the Council revise it.
Hugh Field, City Attorney, stated that in the Dubuque case referred to by the
Mayor above, most probably the insurance company for the city defended the city
in the suit. He also stated that the Iowa Code states that the adjacent
property owner is responsible for the repairs even though it lies within City
right of way.
May 1, 1989
Oral Presentations - continued
Page 7
Mary Ann Pierce questioned why there was a sidewalk along West Fourth Street
south of Ridgeway Avenue along vacant corn fields. Mayor McKinley responded
that this project was completed with Interstate Substitution funds with the
federal government participating in 85 percent of the cost and the City
participating in 15 percent of the cost.
Kathy Oberle, 710 Forest Avenue, asked whether or not the City was contracting
the sidewalk repair program out or whether additional Inspectors were hired to
perform these services. It was explained that the City is doing its own
inspection with existing staff, and that the actual construction of the
sidewalk repairs will be done by a contractor.
Councilperson Angel inquired whether or not the sidewalk ordinance contains an
appeal process for property owners who disagree with the need for sidewalk
repair. Don Temeyer, Planning and Development Director, stated that there is
an assessment hearing at which time objectors to the program would be heard.
In response to a question from the audience, Assistant City Engineer Dennis
Gentz stated that anyone performing sidewalk repairs in public right of way
must be a bonded contractor. If an -individual property owner wishes to repair
his/her own sidewalk on private property, it is not necessary for him to be
bonded.
Kathy Oberle, 710 Forest Avenue, asked whether a property owner could request
that the sidewalk in front of his/her home be vacated. Don Temeyer, Planning
and Development Director, stated that the request could be made but most
probably would not be approved.
Randy Wallace, 1635 Hawthorne Avenue, asked if the Council had extended the
moratorium to August 7 (He was unable to attend the earlier portion of the
Council meeting). The Mayor responded that the moratorium extension had been
approved by the Council. Mr. Wallace then asked what the status was of his
project that had been submitted to the Gateway Committee for an area located at
the corner of Mitchell Avenue and I-380. Don Temeyer, Planning and Development
Director, stated that the Gateway Committee is reviewing the plans but has
requested additional information from the applicant, including landscaping
plans and exterior surface of the building and has yet to receive this
information. Once this additional information is received, the Gateway
Committee will make a recommendation to the City Council.
Moved by Buck, seconded by Dell
that the above comments be received and placed on file and the Council adjourn.
Motion carried.
Larry P. Burger
Clerk/Auditor