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HomeMy WebLinkAbout10/10/1988October 10, 1988 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 October 10, 1988. Mayor Bernard L. McKinley in the Chair. Roll Call: Dell, Angel, Buck, Wright, Budak, Brown. Absent: Fox. Invocation by: Councilperson Bob Brown Pledge of Allegiance: Pack 9 --Tim Eggleston, Troy Stewart, Andy Skiles, Nathen Brooks, Ben Guhl, Aaron Neith. 92882 - Moved by Buck, seconded by Angel that the Agenda, as proposed, for the Regular Session on October 10, 1988 at 7:00 p.m., be accepted and approved. Motion carried. 92883 - Moved by Buck, seconded by Angel that the Minutes of the Regular Session on October 3, 1988 at 7:00 p.m., be accepted and approved. Motion carried. HEARINGS 92884 - Moved by Wright, seconded by Brown that proof of publication of notice of public hearing on an ordinance amending the Waterloo Zoning Ordinance by repealing Subsection (105) Rubble Fill Site, of Section 2A-3, Definitions, Part III; and by enacting in lieu thereof Subsections (105) Rubble Fill and (105a) Rubble Disposal Site or Rubble Fill Site, to Section 2A-3, Definitions, Part III; and by adding Subsection 9, Rubble Disposal Site or Rubble Fill Site, to Subsection H, Special Permit Required, of Section 2A-48, Exceptions and Modifications, of Part XXII, as published in the Waterloo Courier on September 23, 1988, be received and placed on file. Motion carried. 92885 - 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 Budak 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. 92886 - Moved by Dell, seconded by Wright that "an Ordinance amending the Waterloo Zoning Ordinance by repealing Subsection (105) Rubble Fill Site, of Section 2A-3, Definitions, Part III; and by enacting in lieu thereof Subsections (105) Rubble Fill and (105a) Rubble Disposal Site or Rubble Fill Site, to Section 2A-3, Definitions, Part III; and by adding Subsection 9, Rubble Disposal Site or Rubble Fill Site, to Subsection H, Special Permit Required, of Section 2A-48, Exceptions and Modifications, of Part XXII", be received, placed on file, passed and considered for the first time. Ayes: Six. Absent: Fox. Motion carried. 92887 - Moved by Buck, seconded by Brown that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Dell, Buck, Budak, Brown. Nays: Angel, Wright. Absent: Fox. Motion not carried. 92888 - Moved by Angel, seconded by Wright that proof of publication of notice of public hearing on request of Marty and Patricia Dickey to vacate, sell and convey a portion of an alley located between Maryland and Mitchell Avenues, as published in the Waterloo Courier on September 23, 1988, be received and placed on file. Motion carried. October 10, 1988 Page 2 Hearings - continued 92889 - 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 Wright 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. 92890 - Moved by Dell, seconded by Budak that "an Ordinance vacating a portion of an alley located between Maryland and Mitchell Avenues", be received, placed on file, passed and considered for the first time. Ayes: Six. Absent: Fox. Motion carried. 92891 - 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: Fox. Motion carried. 92892 - Moved by Buck, 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: Fox. Motion carried. 92893 - Moved by Angel, seconded by Brown that "an Ordinance vacating a portion of an alley located between Maryland and Mitchell Avenues", be adopted. Ayes: Six. Absent: Fox. Ordinance adopted and upon approval by Mayor assigned No. 3586. 92894 - Moved by Dell, seconded by Wright that "Resolution authorizing sale and conveyance of an alley located between Maryland and Mitchell Avenues to Marty and Patricia Dickey", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1988-568. 92895 - Moved by Wright, seconded by Brown that proof of publication of notice of public hearing on request to rezone from "C-2" Commercial District/"C-Z" Conditional Zoning to "R-2" One and Two Family Residence District property generally located at the northwest corner of the intersection of Downing and Dundee Avenues, as published in the Waterloo Courier on September 23, 1988, be received and placed on file. Motion carried. 92896 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral comments. Don Colvin, 1230 Dundee Avenue, stated that he was in favor of the rezoning to "R-2" based on the fact that if he were to do any improvements on his property, according to the "C -2"/"C -Z" zoning he would have to submit a site plan for that improvement. Colvin also stated that he feared the fact that he could be boxed in by retail businesses on both sides of his property if the property was not rezoned "R-2". He stated that he had an original complaint about Burger King not erecting a fence to screen off their property from his but now he has been informed that Burger King is presently putting up that fence. Ted Winninger, Harbaugh-Winninger Realtors, stated that over 50 percent of the people in the area did want the zoning to stay "C -2"/"C -Z". He stated that the area should remain "C -2/"C -Z" to allow the entire area to be developed commercially. October 10, 1988 Page 3 Hearings - continued Moved by Buck, seconded by Wright that the hearing be closed and that the petition of opposition and the recommendation of denial of the Planning, Programming and Zoning Commission and any written and oral comments be received and placed on file. Motion carried. 92897 - Moved by Brown, 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 received, placed on file, passed and considered for the first time. Nays: Six. Absent: Fox. Motion not carried. 92898 - Moved by Buck, seconded by Wright that proof of publication of notice of public hearing on request of Ted Winninger for a site plan amendment for property located on the southern portion of the block bounded by University, Ansborough, Downing and Dundee Avenues, as published in the Waterloo Courier on September 23, 1988, be received and placed on file. Motion carried. 92899 - HOLD HEARING --This being the time and place of public hearing, the Mayor called for written and oral comments. Ted Winninger, Harbaugh-Winninger Realtors, distributed pictures to the Council to show the proposed building that would be erected. He stated that the building will look similar to the new Sound Room on the corner of Fletcher and University Avenues. Winninger continued that he would agree to pave the alley adjoining the building, and that the building would be an ideal buffer for that corner. He stated that the building would eliminate the dust problem that exists now and would definitely clean up the area. Bob Stevenson, City Planner, stated that the Planning, Programming and Zoning Commission voted unanimously against this site plan based on the fact that they felt the entire block should be developed at once instead of a piecemeal type basis. Forest Dillavou, 1725 Huntington Road, stated that he has two sons who own property along Ansborough Avenue, and he would object to the site plan. He questioned the type of building that Mr. Winninger is proposing. Moved by Buck, seconded by Angel that the hearing be closed and that the recommendation of denial of the Planning, Programming and Zoning Commission and any written or oral comments be received and placed on file. Motion carried. 92900 - Moved by Wright, seconded by Angel that the request of Ted Winninger for a minor site plan amendment for property located on the southern portion of the block bounded by University, Ansborough, Downing and Dundee Avenues be denied. Ayes: Six. Absent: Fox. Motion carried. PETITIONS FROM PUBLIC 92901 - Moved by Brown, seconded by Budak that coumnunication from City Planner transmitting site plan amendment request of Jim Lind Standard for property located at 230 East Ridgeway Avenue for an additional pump island and a larger canopy, together with recommendation of approval of the Planning, Programming and Zoning Commission staff, be received, placed on file and "Resolution approving said request", be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1988-569. October 10, 1988 Page 4 Petitions from Public - continued 92902 - Eric Thorson, City Engineer, stated that the reason for the truck embargo on the 700 block of Progress Avenue was because of complaints from the residents in the area that trucks delivering supplies to Food 4 Less were coming up Progress, when in fact they could go through the parking lot of Food 4 Less and get to their destination with a little more inconvenience. Thorson stated that City staff recommended denial of this request based on the fact that he felt there were probably more safety problems in the parking lot with kids running in and out of parked cars then there would be on Progress Avenue. Councilperson Buck stated that he brought this request to the City staff for a recommendation based on communications from the neighbors regarding two concerns, twenty-four hour trucks to Food 4 Less and child safety in the area. Eric Thorson stated that he and Mike Mrzlak, Superintendent of Sign & Traffic, had recommended that a truck embargo not be placed on either Progress Avenue or Richland Drive. Questions were asked of Mr. Thorson whether he had contacted the management of Food 4 Less to determine the inconvenience it would cost if a truck embargo were placed on Progress Avenue. Eric Thorson, City Engineer, responded that he would talk with Food 4 Less officials. Moved by Brown, seconded by Dell that communication from City Engineer transmitting petition submitted by residents for a truck embargo for the 700 block of Progress Avenue and the 3800 block of Richland Drive, together with recommendation of denial of City staff, be received, placed on file and action on the above request be tabled for one week. Motion carried. REPORTS 92903 - Moved by Dell, seconded by Brown that the Abstract of Election for the Special Election held on September 27 for the local option sales and services tax, be received and placed on file. Motion carried. DOCUMENTS 92904 - Moved by Dell, seconded by Brown that communication from Transportation Program Manager transmitting Contract for Consultant Engineering Services with Brice, Petrides -Donohue for Sixth Street - East, IX -6604(1)--79-07, be received, placed on file and "Resolution approving said contract", be adopted and Mayor and Clerk/Auditor authorized to execute same. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1988-570. 92905 - Moved by Dell, seconded by Brown that communication from Associate Engineer transmitting Statement of Completion and Final Acceptance of Work for F.Y. 1986 East Shaulis Road Bridge Replacement, BROS-07WA(2)--8J-07, Contract No. 273 for work completed by Youngblut Contracting, Inc., be received, placed on file and "Resolution approving said document", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1988-571. October 10, 1988 Documents - continued 92906 - Moved by Dell, seconded by Brown Page 5 that communication from Associate Engineer transmitting Statement of Completion and Final Acceptance of Work for F.Y. 1986 East Orange Road Bridge Replacement, BRM -6460(1)--8N-07, Contract No. 274, for work completed by Youngblut Contracting, Inc., be received, placed on file and "Resolution approving said document", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1988-572. RESOLUTIONS TO BE ADOPTED 92907 - Moved by Budak, seconded by Buck that "Resolution of Intent to authorize the issuance and sale of General Obligation Bonds for the construction costs associated with the permanent collection gallery and 60 seat lecture hall at the Waterloo Recreation and Arts Center", be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1988-573. 92908 - Moved by Budak, seconded by Buck that "Resolution approving permanent and temporary easements in conjunction with East Park Avenue parking lot improvements for the National Bank", be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1988-574. 92909 - Moved by Budak, seconded by Buck that "Resolution approving agreement with Hawkeye Institute of Technology for Defensive Driving Training Program", be adopted and Mayor authorized to execute same. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1988-575. 92910 - Moved by Budak, seconded by Buck that "Resolution authorizing and providing for the issuance and securing the payment of $2,245,000 Sewer Revenue Bonds, Series 1988A and $1,180,000 Sewer Revenue Bonds, Series 1988B", be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1988-576. ORDINANCES TO BE ADOPTED 92911 - Moved by Brown, seconded by Dell that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo by repealing Subsection (b) of Section 3-32 (Sign Painters and Erectors: Licenses Required; Exception; License Fees; Erector's Bond Required; Amount, Terms and Conditions of Bond) and Section 3-47 (Permit Fees; Penalty for Failure to Obtain a Permit), of Chapter 3, Advertising and Signs; by enacting in lieu thereof a new Subsection (b) of Section 3-32 (Sign Painters and Erectors: Licenses Required; Exception; License Fees; Erector's Bond Required; Amount, Terms and Conditions of Bond) and new Section 3-47 (Permit Fees; Penalty for Failure to Obtain a Permit), of Chapter 3, Advertising and Signs; and by adding a new Subsection (c) to Section 3-45, (Required; Exceptions; Compliance with Chapter Necessary) of Division 2, Permits, of Chapter 3, Advertising and Signs", be received, placed on file, passed and considered for the third time. Prior to the vote, Mike Atkins, Atkins Sign Service, stated he still objected to the Sign Ordinance for several reasons. Mr. Atkins continued that if a four foot sign was allowed to be on a building, there should be a four foot setback in case the sign fell, it would not fall on someone else's property. He stated that he still objected to the UL requirements and that it would work a severe hardship on his business. October 10, 1988 Page 6 Ordinances to be Adopted - continued Don Temeyer, Planning and Development Director, stated that in regard to the four foot sign being allowed to be on the property line, a four foot sign of that nature would have to be flat against the adjoining building. Temeyer stated that it would be up to the Inspection Department to make sure that the sign is securely fastened to that building. Mr. Atkins questioned the voting by the committee that proposed the revisions r., ? r, n ijn Ordinance stating that of the four person voting in favor of the Sign Ordinance only one would be effected by the UL requirements. Atkins continued that Nagle Sign went to the UL certifications in 1974 so that they would not have the start-up costs that the other companies would have. Atkins continued that he felt that all the sign companies were building signs much safer than they ever have in the past and that the UL requirement would not affect any of the signs that were presently being built, it would just cause additional cost to the signs. Jim Curran, Building Official, stated that the UL requirement would make signs safer in the community. Mike Atkins stated that he would rather see the Inspection Department inspect the bases of the sign instead of the electrical fixtures of the sign. He continued that the bases would be where liability would lie in case the sign fell. Atkins continued that he did not feel that the present signs were a problem so why force the issue of UL requirements. Searles Hayden, Searles Signs, stated that in a recent publication, an article covered the UL requirements and whether it added safety to electrical items. Hayden continued that the article stated that the UL requirements is not the answer to the safety problem. John Nagle, Nagle Signs Inc., stated that his company is already UL approved and that he would be in favor of leaving the UL requirements in the new Sign Ordinance. Nagle suggested that the Council allow the sign companies to have a six month period of time in which to come into compliance with the UL requirements. Searles Hayden stated that instead of the UL requirements, he would recommend that we have better enforcement of all types of safety requirements for signs. Fire Chief Stan Stapella stated that the Fire Department is in favor of having all electrical equipment in the community UL approved. Kathy Oberle, 710 Forest Avenue, spoke against the UL requirements being placed in the ordinance. She stated that we should have our local sign inspectors approved for UL inspections instead of having an outsider come to the community and charging $60 an hour for the UL inspections. Oberle continued that in the state of Minnesota, the local inspectors are accredited to do UL inspections. With no further discussion, a vote was taken with the following result. Ayes: Four. Nays: Angel, Wright. Absent: Fox. Motion carried. 92912 - Moved by Buck, seconded by Dell that "an Ordinance amending the 1988 Code of Ordinances of the City of Waterloo by repealing Subsection (b) of Section 3-32 (Sign Painters and Erectors: Licenses Required; Exception; License Fees; Erector's Bond Required; Amount, Terms and Conditions of Bond) and Section 3-47 (Permit Fees; Penalty for Failure to Obtain a Permit), of Chapter 3, Advertising and Signs; by enacting in lieu thereof a new Subsection (b) of Section 3-32 (Sign Painters and Erectors: Licenses Required; Exception; License Fees; Erector's Bond Required; Amount, Terms and Conditions of Bond) and new Section 3-47 (Permit Fees; Penalty for Failure to Obtain a Permit), of Chapter 3, Advertising and Signs; and by adding a new Subsection (c) to Section 3-45, (Required; Exceptions; Compliance with Chapter Necessary) of Division 2, Permits, of Chapter 3, Advertising and Signs", be adopted. Ayes: Four. Nays: Angel, Wright. Absent: Fox. Ordinance adopted and upon approval by Mayor assigned No. 3587. October 10, 1988 Ordinance to be Adopted 92913 - Moved by Dell, seconded by Buck Page 7 that "an ordinance vacating a portion of the southerly right-of-way of East San Marnan Drive and the east right-of-way of Hammond Avenue and repealing Ordinance No. 3581", be received, placed on file, passed and considered for the first time. Ayes: Six. Absent: Fox. Motion carried. 92914 - Moved by Brown, seconded by Wright that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Fox. Motion carried. 92915 - Moved by Buck, 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: Fox. Motion carried. 92916 - Moved by Dell, seconded by Brown that "an ordinance vacating a portion of the southerly right-of-way of East San Marnan Drive and the east right-of-way of Hammond Avenue and repealing Ordinance No. 3581", be adopted. Ayes: Six. Absent: Fox. Ordinance adopted and upon approval by Mayor assigned No. 3588. 92917 - Moved by Budak, seconded by Wright that "Resolution authorizing sale and conveyance of a portion of the southerly right-of-way of East San Marnan Drive and a portion of the east right-of-way of Hammond Avenue to Lockard Development, Inc.", be adopted and City Attorney instructed to prepare and deliver a deed accordingly. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1988-577. 92918 - Moved by Buck, seconded by Dell that "an Ordinance amending the 1988 Traffic Code by repealing Subsections (22) and (23) Donald Street of Section 541, Increasing Speed Limits in Certain Areas; and by enacting in lieu thereof new Subsections (22) and (23) Donald Street to Section 541, Increasing Speed Limits in Certain Areas; and by repealing Subsection (63) Donald Street (W) of Section 551, Parking Prohibited At All Times on Certain Streets; and by enacting in lieu thereof a new Subsection (63) Donald Street (W) to Section 551, Parking Prohibited At All Times on Certain Streets", be received, placed on file, passed and considered for the first time. Ayes: Six. Absent: Fox. Motion carried. 92919 - Moved by Angel, seconded by Dell that rules requiring ordinances to be considered and voted for passage at two prior meetings, be suspended. Ayes: Six. Absent: Fox. Motion carried. 92920 - Moved by Dell, seconded by Brown 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: Fox. Motion carried. 92921 - Moved by Brown, seconded by Dell that "an Ordinance amending the 1988 Traffic Code by repealing Subsections (22) and (23) Donald Street of Section 541, Increasing Speed Limits in Certain Areas; and by enacting in lieu thereof new Subsections (22) and (23) Donald Street to Section 541, Increasing Speed Limits in Certain Areas; and by repealing Subsection (63) Donald Street (W) of Section 551, Parking Prohibited At All Times on Certain Streets; and by enacting in lieu thereof a new Subsection (63) Donald Street (W) to Section 551, Parking Prohibited At All Times on Certain Streets", be adopted. Ayes: Six. Absent: Fox. Ordinance adopted and upon approval by Mayor assigned No. 3589. October 10, 1988 Page 8 BILLS PAYMENT 92922 - Moved by Angel, seconded by Brown that "Resolution approving Schedule A918, pp. 1-69, in the amount of $2,190,780.03, and Schedule W900, pp. 1-5, in the amount of $4,609.27, copies of which are on file in the Clerk/Auditor's Office", be adopted. Ayes: Six. Absent: Fox. Resolution adopted and upon approval by Mayor assigned No. 1988-578. NEW BUSINESS 92923 - Moved by Buck, seconded by Wright that communication from Mayor Bernard L. McKinley transmitting reappointment of Scott Fetner, Jim Lawrence, Fedon Petrides, Charles Granger and Rick Morris to the Waterloo Redevelopment Authority for another four (4) year term, with expiration date of October 13, 1992, be received, placed on file and approved. Motion approved. 92924 - Moved by Buck, seconded by Wright that communication from Superintendent of Water Pollution Control Plant transmitting recommendation of appointment of Alan Delagardelle to the position of Sewer Maintenance Worker in the Sewer Department, with a tentative starting date of October 24, 1988, be received, placed on file and approved. Motion carried. Travel Requests 92925 - Moved by Wright, seconded by Angel that the following travel requests with expenses not to exceed amount shown, be received, placed on file and approved: 1. Donald J. Temeyer, Planning and Development Director, to attend Strategic Planning for Community Economic Development Conference in Ames, Iowa on November 1 and 2, 1988, with costs not to exceed $147.50, including the use of City vehicle. 2. Larry P. Burger, Clerk/Auditor, to attend Iowa Municipal Finance Officers Association Fall Meeting in Des Moines, Iowa on October 19 thru October 21, 1988, with costs not to exceed $199.20. Motion carried. MISCELLANEOUS 92926 - Moved by Wright, seconded by Angel that the following applications for beer and liquor licenses, be received, placed on file and approved and endorsed applications forwarded to the Iowa Beer and Liquor Department and cigarette license application, be received, placed on file and approved: 1. Beer License Permit Applications Class B Pizza Hut, 1130 Ansborough Avenue (Renewal) (Expires 11/9/89) (Includes Sunday Sales) Pizza Hut, 714 LaPorte Road (Renewal) (Expires 11/9/89) (Includes Sunday Sales) 2. Beer License Permit Applications Class C Pronto Markets, 3012 Ansborough Avenue (Renewal) (Expires 10/19/89) (Includes Sunday Sales) 3. Beer & Wine License Permit Application Class E Dash -In, 3016 Marnie Road (Renewal) (Expires 10/15/89) (Includes Sunday Sales) October 10, 1988 Miscellaneous - continued Page 9 4. Beer & Liquor License Permit Application Class C The Ground Round, 1425 East San Marnan Drive (Renewal) (Expires 10/31/89) (Includes Sunday Sales) The Pressbox, 1307 West 5th Street (Renewal) (Expires 10/15/89) 5. Liquor License Permit Application Class E County Market, 1411 Flammang Drive (Renewal) (Expires 10/29/89) Cigarette License Applications One (1) Motion carried. BONDS 92927 - Moved by Angel, seconded by Wright that the report of the City Attorney and list of bonds filed with Clerk/Auditor through October 10, 1988, be received, placed on file and report and bonds approved. Motion carried. ORAL PRESENTATION 92928 - Councilperson Angel presented a petition from residents along Progress Avenue and Cadillac Drive requesting a stop sign at the uncontrolled crossing. The petition will be referred to the Sign & Traffic Department for analysis. Arthur Polk, 719 Donald Street, stated that no action had been taken on the weed problem by the Logan Plaza Shopping Center that he talked about several weeks ago. John Meyer, Public Works Director, stated that the owners have been given required notice to abate the nuisance. He continued that the process is in place and action will be taken as soon as the time frame is adhered to. L. C. Hennessey, 319 Belmont Avenue, stated that he recently was asked to leave the front of the Waterloo Courier offices when he was stationed there with some marketable inventions that he felt were worth having a newspaper article written about. He continued that he was fairly upset with the newspaper as they would not cover his stories. He continued that the Mayor and Council should look in their own back yards regarding development of new industries rather than going elsewhere to find the industries. With no further comments, moved by Dell, seconded by Wright to receive and file the above comments and that the Council meeting adjourn. Motion carried. Larry P. Burger Clerk/Auditor