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HomeMy WebLinkAbout01/09/1989January 9, 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 January 9, 1989. Mayor Pro Tem Robert Brown in the Chair. Roll Call: Dell, Fox, Angel, Wright, Budak, Brown. Absent: Buck. Invocation by: Councilperson Bob Brown Pledge of Allegiance: Troop 116 93253 - Moved by Wright, seconded by Angel that the Agenda, as proposed, for the Regular Session on January 9, 1989 at 7:00 p.m., and that the Minutes of the Regular Session held on January 3, 1989 at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS AND BIDS 93254 - Moved by Angel, seconded by Dell that proof of publication of notice of public hearing and taking of bids on Lecture Hall/Gallery Addition to the Waterloo Recreation & Arts Center, as published in the Waterloo Courier on December 22, 1988, be received and placed on file. Motion carried. 93255 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Moved by Wright, seconded by Dell that the hearing be closed. Motion carried. 93256 - Moved by Fox, seconded by Angel that "Resolution confirming the approval of plans and specifications in conjunction with Lecture Hall/Gallery Addition to the Waterloo Recreation & Arts Center", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-7. 93257 - Moved by Angel, seconded by Dell that "Resolution ordering construction", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-8. 93258 - Moved by Budak, seconded by Fox to receive, file, instruct Clerk/Auditor to open and read bids and refer to the Waterloo Recreation & Arts Commission and Architect for review and recommendation. (Bids received from Cardinal Construction, Don Gardner Construction, Jorgensen Construction, Larson Construction, Lockard Construction, Prairie Construction and Youngblut Construction): Cardinal Gardner Jorgensen Larson Lockard Prairie Youngblut Base Bid $323,500 $312,800 $328.374 $326,922 $334,707 $344,494 $324,000 Bid Security 5% 5% 5% 5% 5% 5% 5% Alt. 1 -3,250 -3,097 -4,580 -3,000 -3,012 -4,900 -2,500 Alt. 2 +39,750 +45,400 +36,385 +43,000 +42,305 +44,700 +43,000 Alt. 3 -7,500 -5,900 -6,120 -5,000 -6,938 -9,100 -8,150 Alt. 4 -6,900 -7,200 -7,000 -6,500 -6,833 -7,000 -7,247 January 9, 1989 Page 2 Hearings and Bids- continued Cardinal Gardner Jorgensen Larson Lockard Prairie Youngblut Alt. M-1 +330 +330 +350 300 +350 +700 +350 Unit Cost Earthwork $15.50 $5.50 $25.00 $24.00 $22.00 Motion carried. HEARINGS 93259 - Moved by Wright, seconded by Dell that proof of publication of notice of public hearing on request of Russell and Ann Folkers d/b/a R & A Trucking Enterprises, Inc. to rezone from "A-1" Agricultural District to "M -2,P" Planned Industrial District property located along the south side of Newell Street and immediately west of Dixiana Motor Lines, Inc., as published in the Waterloo Courier on December 27, 1988, be received and placed on file. Motion carried. 93260 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Moved by Budak, seconded by Fox that the hearing be closed and that the recommendation of approval of the Planning, Programming and Zoning Commission, be received and placed on file. Motion carried. 93261 - Moved by Wright, seconded by Angel that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 241 to Section 2A-5, Rezoning Certain Property", be received, placed on file, passed and considered for the first time. Ayes: Six. Absent: Buck. Motion carried. 93262 - Moved by Budak, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Buck. Motion carried. 93263 - 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: Six. Absent: Buck. Motion carried. 93264 - Moved by Fox, seconded by Wright that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 241 to Section 2A-5, Rezoning Certain Property", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3611. 93265 - Moved by Fox, seconded by Dell that proof of publication of notice of public hearing on request of Western Auto to vacate, sell and convey the easterly twelve (12) feet of East Ridgeway Avenue right-of-way from East San Marnan Drive northerly approximately 239 feet, as published in the Waterloo Courier on December 27, 1988, be received and placed on file. Motion carried. January 9, 1989 Page 3 Hearings - continued 93266 - HOLD HEARING --This being the time and place of public hearing., the Mayor Pro Tem called for written and oral objections. Don Temeyer, Planning and Development Director, stated that this project was already in the works prior to the proposal of increasing the cost of land purchased from the City; therefore, this property would be sold for .10 per square foot. Moved by Dell, 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. 93267 - Moved by Fox, seconded by Dell that "an Ordinance vacating the easterly twelve (12) feet of East Ridgeway Avenue right-of-way from East San Marnan Drive northerly approximately 239 feet", be received, placed on file, passed and considered for the first time. Ayes: Six. Absent: Buck. Motion carried. 93268 - Moved by Wright, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Buck. Motion carried. 93269 - Moved by Fox, 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: Six. Absent: Buck. Motion carried. 93270 - Moved by Fox, seconded by Dell that "an Ordinance vacating the easterly twelve (12) feet of East Ridgeway Avenue right-of-way from East San Marnan Drive northerly approximately 239 feet", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3612. 93271 - Moved by Wright, seconded by Dell that "Resolution authorizing sale and conveyance of the easterly twelve (12) feet of East Ridgeway Avenue right-of-way from East San Marnan Drive northerly approximately 239 feet to Paul Kurtz and Dale Murphy d/b/a M & K Enterprises", be adopted and City Attorney instructed to prepare a deed accordingly. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-9. 93272 - Moved by Dell, seconded by Wright that proof of publication of notice of public hearing on request of Waterloo Lumber Company and Kroblin Refrigerated Express to vacate, sell and convey Arbor Street, as published in the Waterloo Courier on December 27, 1988, be received and placed on file. Motion carried. 93273 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Moved by Budak, seconded by Fox 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. 93274 - Moved by Fox, seconded by Dell that "an Ordinance vacating Arbor Street", be received, placed on file, passed and considered for the first time. Ayes: Six. Absent: Buck. Motion carried. January 9, 1989 Page 4 Hearings - continued 93275 - Moved by Dell, seconded by Fox that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Buck. Motion carried. 93276 - Moved by Fox, 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: Six. Absent: Buck. Motion carried. 93277 - Moved by Budak, seconded by Wright that "an Ordinance vacating Arbor Street", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3613. 93278 - Moved by Fox, seconded by Budak that "Resolution authorizing sale and conveyance of Arbor Street to Waterloo Lumber Company and Kroblin Refrigerated Express", be adopted and City Attorney instructed to prepare a deed accordingly. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-10. 93279 - Moved by Dell, seconded by Wright that proof of publication of notice of public hearing on request of Francis Dilley to rezone from "A-1" Agricultural District to "M-1" Light Industrial District property located at 1100 Bishop Avenue approximately 1/4 mile south of Independence Avenue, as published in the Waterloo Courier on December 27, 1988, be received and placed on file. Motion carried. 93280 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for oral and written objections. Francis Dilley, 1100 Bishop, stated that he had purchased the property and that the building was already constructed at the time that he purchased it. Dilley stated that he would like to store his construction equipment in the building during off-season times, and he would not be operating his construction company out of the building. Councilperson Brown questioned Mr. Dilley concerning restrictions on the property, i.e., running the business out of the house and the proper zoning of the property prior to purchase. Mr. Dilley responded that he did inquire about restrictions on the property, and he was aware of the property's zoning. Don Temeyer, Planning and Development Director, stated that the reason for the denial is that the property is in a residential area and the Council would indeed be spot zoning if they granted this request. Mr. Dilley stated that he would like to reiterate the fact that he would only be using the garage for storage of his equipment during the winter time. Ken Lockard, member of the Planning, Programming and Zoning Commission, stated that the Council would be spot zoning the area if they granted the request. Lockard continued that they have to consider not only Mr. Dilley's situation, but also the resident's right to maintain the residential neighborhood. Moved by Wright, seconded by Angel that the hearing be closed and the recommendation of denial of the Planning, Programming and Zoning Commission and oral and written comments, be received and placed on file. Motion carried. January 9, 1989 Page 5 Hearings - continued 93281 - Moved by Dell, seconded by Angel that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance, by adding Subsection No. 242 to Section 2A-5, Rezoning Certain Property", be denied. Ayes: Six. Absent: Buck. Motion carried. 93282 - Moved by Budak, seconded by Angel that proof of publication of notice of public hearing on request of Iowa Securities Investment Company to rezone from "C-3" Commercial District to "C -Z" Conditional Zoning property generally located at the northeasterly corner of West Second Street and Jefferson Street, as published in the Waterloo Courier on December 27, 1988, be received and placed on file. Motion carried. 93283 - Moved by Budak, seconded by Wright to receive and file request of applicant to table hearing until January 23, 1989. Ayes: Six. Absent: Buck. Motion carried. 93284 - Moved by Budak, seconded by Wright that proof of publication of notice of public hearing on proposed amendments to Special Permits Section of the Zoning Ordinance to change all references to "City Council" to "Board of Adjustment" and change all references to "Iowa Department of Water, Air and Waste Management" to the "Iowa Department of Natural Resources", as published in the Waterloo Courier on December 27, 1988, be received and placed on file. Motion carried. 93285 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Moved by Wright, seconded by Fox 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. 93286 - Moved by Budak, seconded by Wright that "an Ordinance amending the Waterloo Zoning Ordinance by repealing Subsection H, Special Permit Required, of Section 2A-48, Exceptions and Modifications, of Part XXII; and by enacting in lieu thereof a new Subsection H, Special Permit Required, to Section 2A-48, Exceptions and Modifications, of Part XXII", be received, placed on file, passed and considered for the first time. Ayes: Six. Absent: Buck. Motion carried. 93287 - Moved by Fox, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Buck. Motion carried. 93288 - Moved by Fox, 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: Six. Absent: Buck. Motion carried. 93289 - Moved by Wright, seconded by Budak that "an 'Ordinance amending the Waterloo Subsection H, Special Permit Required, of Modifications, of Part XXII; and by enacting H, Special Permit Required, to Section 2A-48, Part XXII", be adopted. Ayes: Six. Absent: Zoning Ordinance by repealing Section 2A-48, Exceptions and in lieu thereof a new Subsection Exceptions and Modifications, of Buck. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3614. January 9, 1989 Page 6 Hearings - continued 93290 - Moved by Dell, seconded by Fox that proof of publication of notice of public hearing on proposed amendment to Zoning Ordinance to raise fees for reviewing Special Permits, as published in the Waterloo Courier on December 27, 1988, be received and placed on file. Motion carried. 93291 - HOLD HEARING --This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Moved by Fox, seconded by Wright 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. 93292 - Moved by Dell, seconded by Fox that "an Ordinance amending the Waterloo Zoning Ordinance by repealing Subsection 2, Special Permit Site Plans, of Section 2A-59, Fees, of Part XXVIII-A; and by enacting in lieu thereof a new Subsection 2, Special Permit Site Plans, of Section 2A-59, Fees, of Part XXVIII-A", be received, placed on file, passed and considered for the first time. Ayes: Six. Absent: Buck. Motion carried. 93293 - Moved by Budak, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Buck. Motion carried. 93294 - Moved by Dell, 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: Six. Absent: Buck. Motion carried. 93295 - Moved by Fox, seconded by Wright that "an Ordinance amending the Waterloo Zoning Ordinance by repealing Subsection 2, Special Permit Site Plans, of Section 2A-59, Fees, of Part XXVIII-A; and by enacting in lieu thereof a new Subsection 2, Special Permit Site Plans, of Section 2A-59, Fees, of Part XXVIII-A", be adopted. Ayes: Six. Absent: Buck. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 3615. REPORTS 93296 - Moved by Budak, seconded by Wright that communication from City Planner transmitting recommendation on changing the policy on selling prices for vacated public rights-of-way, be received, placed on file and "Resolution approving said policy change", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-11. DOCUMENTS 93297 - Moved by Fox, seconded by Angel that communication from Associate Engineer transmitting Change Order No. 3 for a net increase of $4,642.85 for work to be performed by Youngblut Contracting, Inc. in conjunction with F.Y. 1986 Burton Avenue Bridge Replacement Project, Contract No. 271, be received, placed on file and Mayor Pro Tem and Clerk/Auditor authorized to execute same. Motion carried. January 9, 1989 Page 7 Documents - continued 93298 - Moved by Fox, seconded by Angel that communication from Associate Engineer transmitting Change Order No. 5 for a net decrease of $1,005.24 for work to be performed by Youngblut Contracting, Inc. in conjunction with F.Y. 1987 Wagner Road Bridge Replacement Project, Contract No. 272, be received, placed on file and Mayor Pro Tem and Clerk/Auditor authorized to execute same. Motion carried. 93299 - Moved by Fox, seconded by Angel that communication from Associate Engineer transmitting Change Order No. 7 for a net increase of $996.94 for work to be performed by Youngblut Contracting, Inc. in conjunction with F.Y. 1986 East Shaulis Road Bridge Replacement, Contract No. 273, be received, placed on file and Mayor Pro Tem and Clerk/Auditor authorized to execute same. Motion carried. 93300 - Moved by Fox, seconded by Angel that communication from Associate Engineer transmitting Change Order No. 7 for a net increase of $3,839.46 for work to be performed by Youngblut Contracting, Inc. in conjunction with F.Y. 1986 East Orange Road Bridge Replacement Project, Contract No. 274, be received, placed on file and Mayor Pro Tem and Clerk/Auditor authorized to execute same. Motion carried. 93301 - Moved by Fox, seconded by Angel that communication from Associate Engineer transmitting Change Order No. 8 for a net increase of $918.23 for work to be performed by Youngblut Contracting, Inc. in conjunction with F.Y. 1986 East Orange Road Bridge Replacement Project, Contract No. 274, be received, placed on file and Mayor Pro Tem and Clerk/Auditor authorized to execute same. Motion carried. 93302 - Moved by Fox, seconded by Angel that communication from Associate Engineer transmitting Change Order No. 3 for a net decrease of $2,366.32 for work to be performed by Denver Construction Company in conjunction with F.Y. 1988 Tower Park Sanitary Sewer Extension, Contract No. 345, be received, placed on file and Mayor Pro Tem and Clerk/Auditor authorized to execute same. Motion carried. 93303 - Moved by Fox, seconded by Angel that communication from Associate Engineer transmitting Change Order No. 2 for a net increase of $2,601.50 for work to be performed by Rampart Corporation in conjunction with F.Y. 1989 Storm Sewer Improvements & Repairs Program, Contract No. 354, be received, placed on file and Mayor Pro Tem and Clerk/Auditor authorized to execute same. Motion carried. BILLS PAYMENT 93304 - Moved by Angel, seconded by Wright that "Resolution approving Schedule A918, pp. 1-44, in the amount of $367,537.46 and Schedule W900, pp. 1-2, in the amount of $6,505.00, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-12. NEW BUSINESS 93305 - Moved by Angel, seconded by Wright that "Resolution authorizing completion of project and acceptance of work in conjunction with F.Y. 1989 Oiling Program, Contract No. 349", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-13. January 9, 1989 Page 8 New Business - continued 93306 - Moved by Angel, seconded by Wright that the final schedule of assessments and final plats for F.Y. 1989 Oiling Program, Contract No. 349, be received, placed on file and "Resolution authorizing the levying of assessments in conjunction with the F.Y. 1989 Oiling Program, Contract No. 349", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-14. 93307 - Moved by Angel, seconded by Wright that communication from City Engineer transmitting recommendation of setting March 31, 1989 as the last day for accepting oiling petitions in conjunction with F.Y. 1990 Oiling Program, Contract No. 361, be received and placed on file. Motion carried. 93308 - Moved by Angel, seconded by Wright that communication from Planning and Development Director transmitting petitions of support from downtown property owners regarding re-establishment of Downtown SSMID (Self Supported Municipal Improvement District), be received, placed on file and "Resolution setting date of public hearing as February 6, 1989 at 7:00 p.m. in the City Hall Council Chambers on re-establishment of the Downtown SSMID (Self Supported Municipal Improvement District)", be adopted. Ayes: Six. Absent: Buck. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 1989-15. Travel Request 93309 - Moved by Fox, seconded by Angel that the following travel request with expenses not to exceed amount shown, be received, placed on file and approved: 1. Roger Shook, Police Chief, to attend Law Enforcement Executive Development Seminar in Quantico, VA on January 15-27, 1989, with costs not to exceed $150.00, including the use of City vehicle. Motion carried. MISCELLANEOUS 93310 - Moved by Fox, seconded by Angel that the following applications for beer and liquor licenses, be received, placed on file and approved applications forwarded to the Iowa Beer and Liquor Control Department and application for pawnbroker's and secondhand goods dealer's license, be received, placed on file and approved: 1. Beer License Permit Application Class C Daisy Maid Store, 1206 West 9th Street (Renewal) (Expires 1/14/90) (Includes Sunday Sales) Paul's Standard, 428 Franklin Street (Renewal) (Expires 1/28/90) (Includes Sunday Sales) 2. Beer & Wine License Permit Application Class E G & G'Fuel Stop, 325 Franklin Street (Renewal) (Expires 1/8/90) (Includes Sunday Sales) Application for Pawnbroker's and Secondhand Goods Dealer's License Farris Pawn Shop, 184 West 18th Street Motion carried. January 9, 1989 Page 9 BONDS 93311 - Moved by Budak, seconded by Wright that the report of the City Attorney and list of bonds filed with the Clerk/Auditor through January 9, 1989, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATIONS 93312 - Councilperson Wright stated that a long time resident and community leader, Martha Nash, has recently been hospitalized and has since had a leg amputation. Wright stated that she would like to ask that the Council wish Ms. Nash well in her recovery and would suggest that the Council send a card to Ms. Nash wishing her a speedy recovery. ADJOURNMENT 93313 - Moved by Dell, seconded by Budak that the Council adjourn. Motion carried. Larry P. Burger Clerk/Auditor